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THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA
THE GOVERNMENT OF MALAYSIA
FRAMEWORK AGREEMENT TO FACILITATE MUTUAL RECOGNITION IN ACADEMIC HIGHER EDUCATION QUALIFICATIONS
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA as represented by the Ministry of Education (“China”) AND THE GOVERNMENT OF MALAYSIA as represented by the Ministry of Higher Education (“Malaysia”) (hereinafter referred to singularly as “the Party” and collectively as “the Parties”),
RECOGNISING the benefit of establishing mechanisms to facilitate mutual recognition of academic higher education qualifications in order to promote cooperation in higher education and to facilitate students’ mobility between both countries;
REAFFIRMING the Parties commitments made under the Memorandum of Understanding between the Government of the People’s Republic of China and the Government of Malaysia on Cooperation in the Field of Higher Education, signed at Putrajaya, Kuala Lumpur, Malaysia on 11 November 2009 to study the possibilities for mutual recognition of academic qualifications;
HAVE AGREED as follows:
The Parties, subject to the terms of this Agreement and the laws, rules, regulations and national policies from time to time in force in each country, agree that the primary objective of this Agreement is to facilitate mutual recognition of academic higher education qualifications awarded to students in China and in Malaysia by their respective higher educational awarding institutions.
In this Agreement, unless the context otherwise requires:
(a) “Academic higher education qualifications” means a bachelor degree, a Master degree or a PhD degree awarded by any higher education institutions recognized and authorized by the Government of the People’s Republic of China and the Government of Malaysia;
(b) “Accredited Programmes” means programmes that are quality assured by the designated bodies responsible for quality assurance of higher education in China and Malaysia, respectively;
(c) “Comparability of qualifications” refers to the formal acceptance of mutual equivalency of qualifications accredited or deemed to be accredited by the designated bodies in China and Malaysia;
(d) “Designated Bodies” means any equivalent designated bodies that is recognized and authorized by the Government of the People’s Republic of China and the Government of Malaysia;
(e) “Higher Education Awarding Institutions” means a public or private higher education institution recognized and authorized by the Government of the People’s Republic of China and the Government of Malaysia; ‘except the academic higher education qualifications from the third countries already recognized by each country’;
(f) “Programmes” means the arrangement of a course of study leading to the award of a higher education qualification upon the successful completion thereof;
(g) “Public Higher Education Institutions” means:
A University, or a University College, or a Tertiary College, or a Research Institution and other Higher Education Institutions which are recognized and authorized with degree awarding power by the Government of the People’s Republic of China;
Any higher education institutions authorized or established under any written law by the Government of Malaysia to award higher education degrees.
(h) “Private Higher Education Institutions” means any institution as defined under the Private Higher Education Institutions Act 1996 [Act 555] in Malaysia.
OBLIGATIONS OF THE PARTIES
1. To achieve the objective referred to in Article I, the Designated Bodies of both Parties shall:
(a) provide information on recognition of academic higher education qualifications in each country;
(b) make recommendations on recognition of academic higher education qualifications in each country in accordance with their current regulations and practices;
(c) advise higher education institutions in their respective countries on the provision of higher education and the comparability of qualifications from both systems with the aim of facilitating academic mobility and co-operation;
(d) make publicly available the information on currently recognized higher education institutions in their respective countries;
(e) provide lists of currently accredited programmes from recognized higher education in their respective countries’ institutions with degree-awarding powers for Bachelor, Master and Doctoral Degree. This information shall be maintained and updated regularly by each Parties’ designated bodies; and
(f) notify each other of any changes to the list of recognized higher education institutions and awarding bodies, and provide information on different award titles in their respective countries.
SCOPE AND APPLICATION
This Agreement shall apply to academic higher education qualifications recognized by the Government of the People’s Republic of China and the Government of Malaysia.
AUTONOMY OF HIGHER EDUCATION INSTITUTIONS
Both Parties respect the autonomy of higher education institutions for admission to higher education programmes in accordance with the laws, rules, regulations and national policies from time to time in force in each respective country.
REQUIREMENTS FOR ADMISSION TO THE HIGHER EDUCATION INSTITUTIONS
1. Subject to the specific requirements of the admitting institutions and availability of place, including the manner in which their programmes are organised, the following entry qualification should be considered eligible for admission to higher education institutions:
(a) Holders of Higher School Certificates (Matriculation, Foundation, A-Level, Malaysian Higher School Certificate, or its equivalent) and Diploma from recognized Malaysia’s awarding bodies to enter into programmes leading to Bachelor’s Degree in China;
(b) Holders of Bachelor degrees from accredited programmes from recognized higher education institutions in Malaysia may be considered for admission to studies leading to a Masters degree programme in China;
(c) Holders of Bachelor degrees from accredited programmes from recognized higher education institutions in Malaysia who have achieved outstanding results and completed excellent research work/dissertations may be considered for admission to further studies leading to doctoral degrees;
(d) Holders of Master degrees from accredited programmes from recognized higher education institutions in Malaysia to enter Doctoral programmes in relevant subjects in China subject to the relevance of previous studies and the proposed research; and
(a) Students with High School Diploma or Certificate of Secondary Vocational Education from recognized awarding bodies in China to enter into programmes leading to Bachelor Degrees in Malaysia;
(b) Holders of Higher Diploma from accredited programme from recognized higher education institutions in China to enter into programmes leading to Bachelor Degrees in Malaysia;
(c) Holders of Bachelor Degree from accredited programme from recognized higher education institutions in China to pursue Master Degree programme in Malaysia;
(d) Holders of Bachelor Degree from accredited programme from recognized higher education institutions in China who have achieved outstanding results and completed excellent research work/dissertations may be considered for admission to further studies leading to doctoral degree;
(e) Holders of Master Degree from accredited programme from recognized higher education institutions in China to pursue doctoral studies in Malaysia subject to the relevance of previous studies and the proposed research; and
2. Higher education institutions in each country retain the right to determine the grades and examination results required for all courses of study according to their own regulations.
1. The Parties shall establish an Expert Committee consisting of members from awarding bodies nominated by each country. A Party shall notify the other party of the names of their members of the Expert Committee and any changes thereto.
2. The Expert Committee shall be co-chaired by a Senior Official of the Ministry of Education, China, on behalf of the Government of China, and by a Senior Official of the Ministry of Higher Education of Malaysia, on behalf of the Government of Malaysia.
3. The functions of the Expert Committee shall be as follows:
(a) to follow-up on all issues arising from this Agreement including to conduct further discussions on details as appropriate; and
(b) to monitor and facilitate the co-operation between the designated bodies and other relevant organisations to ensure the continuing development of recognition mechanisms of academic higher education qualifications between China and Malaysia; and
(c) to exchange information that is deemed relevant to the continuing development of the recognition mechanisms of academic higher education qualifications between China and Malaysia through periodic review; and
(d) to review the progress of the implementation of this Agreement, of all understandings concluded and agreed upon between China and Malaysia within the framework of this Agreement and to make recommendation accordingly to their respective Ministry responsible for higher education.
4. The Expert Committee may arrange for meetings and/or discussions as necessary and appropriate, in accordance with any working programmes which may be agreed upon by both Parties.
1. The financial arrangements to cover expenses in implementing the objective of this Agreement shall be mutually agreed upon by the respective Parties on a case-by-case basis subject to the availability of funds.
2. Notwithstanding Clause 1 above, expenses for organising any meetings or working groups shall be borne by the Party hosting the meetings or working groups. The Party which is sending its representatives for participation in meetings or working groups, shall bear their own travel living expenses and any other expenses incurred.
Each Party reserves the right for reasons of national security, national interest, public order or public health to suspend temporarily, either in whole or in part, the implementation of this Agreement which suspension shall take effect immediately after written notification has been given to the other Party through diplomatic channels.
1. Each Party shall undertake to observe the confidentiality and secrecy of documents, information and other data received or supplied to the other Party during the period of the implementation of this Agreement or any other agreement made pursuant to this Agreement.
2. Both Parties agree that the provisions of this Clause shall continue to be binding between the Parties notwithstanding termination of this Agreement.
REVISION, MODIFICATION AND AMENDMENT
1. Either Party may request in writing a revision, modification or amendment of all or any part of this Agreement.
2. Any revision, modification or amendment shall be mutually agreed upon by the Parties and shall be reduced into writing and shall form part of this Agreement.
3. Such revision, modification or amendment shall come into force on such date as may be determined by the Parties.
4. Any revision, modification or amendment shall be without prejudice to the rights and obligations arising from or based on this Agreement before or up the date of such revision, modification or amendment.
SETTLEMENT OF DISPUTES
Any difference or dispute between the Parties concerning the interpretation and/or implementation and/or application of any of the provisions of this Agreement shall be settled amicably through mutual consultation and/or negotiations between the Parties without reference to any third party or international tribunal.
ENTRY INTO FORCE AND TERMINATION
1. This Agreement shall enter into force six (6) months after the date of signing of this Agreement.
2. Notwithstanding Clause 1 above, either Party may terminate this Agreement by notifying the other Party of its intention to terminate this Agreement by a notice in writing through diplomatic channels. The termination of this Agreement shall not prejudice the students who are enrolled at the time of the said termination.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE at Kuala Lumpur, Malaysia on the 28th of April 2011, in three original copies in Chinese, Malay and English languages, all texts being equally authentic. In the event of any divergence of interpretation between any of the texts, the English text shall prevail.
FOR THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA
FOR THE GOVERNMENT OF MALAYSIA
List of Degree Granting Institutions in Malaysia
1 Universiti Islam Antarabangsa Malaysia
2 Universiti Kebangsaan Malaysia
3 Universiti Malaya
4 Universiti Malaysia Kelantan
5 Universiti Malaysia Pahang
6 Universiti Malaysia Perlis
7 Universiti Malaysia Sabah
8 Universiti Malaysia Sarawak
9 Universiti Malaysia Terengganu
10 Universiti Pendidikan Sultan Idris
11 Universiti Pertahanan Nasional Malaysia
12 Universiti Putra Malaysia
13 Universiti Sains Islam Malaysia
14 Universiti Sains Malaysia
15 Universiti Sultan Zainal Abidin
16 Universiti Teknikal Malaysia Melaka
17 Universiti Teknologi Malaysia
18 Universiti Teknologi MARA
19 Universiti Tun Hussein Onn Malaysia
20 Universiti Utara Malaysia
21 AIMST University
22 Al-Bukhary International University
23 Al-Madinah International University
24 Asia Metropolitan University
25 Asia Pacific University of Technology and Innovation
26 Binary University of Management and Entrepreneurship
27 HELP University
28 Infrastructure University Kuala Lumpur
29 International Centre for Education in Islamic Finance
30 International Medical University
31 INTI International University
32 International University of Malaya-Wales
33 Limkokwing University of Creative Technology
34 Malaysian Institute for Supply Chain Innovation
35 Malaysia University of Science and Technology
36 Management and Science University
37 Manipal International University
38 Multimedia University
39 Nilai University
40 Perdana University
41 Putra Business School
42 Quest International University Perak
43 Raffles University Iskandar
44 SEGI University
45 Sunway University
46 Taylor’s University
47 UCSI University
48 UNITAR International University
49 Universiti Kuala Lumpur
50 Universiti Selangor
51 Universiti Teknologi Petronas
52 Universiti Tenaga Nasional
53 Universiti Tun Abdul Razak
54 Universiti Tunku Abdul Rahman
55 Allianze University College of Medical Sciences
56 BERJAYA University College of Hospitality
57 City University College of Science and Technology
58 Cyberjaya University College of Medical Sciences
59 INSANIAH University College
60 International Islamic University College Selangor
61 International University College of Arts and Science
62 International University College of Technology Twintech
63 KDU University College
64 KPJ Healthcare University College
65 Kuala Lumpur Metropolitan University College
66 Lincoln University College
67 Linton University College
68 MAHSA University
69 Southern University College
70 TATI University College
71 University College Bestari
72 University College of Islam Malacca
73 University College Shahputra
74 Vinayaka Mission International University College
Other Degree Granting Institutions
75 Akademi Seni Budaya dan Warisan Kebangsaan
76 Institut Pendidikan Guru