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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 46/2017/ND-CP
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Hanoi, April 21,
2017
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DECREE
PRESCRIBING
REGULATORY REQUIREMENTS FOR EDUCATIONAL INVESTMENT AND OPERATION
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Education dated June 14,
2005; the Law on Amendments to certain articles of the Law on Education dated
November 25, 2009;
Pursuant to the Law on Higher Education dated
June 18, 2012;
Pursuant to the Law on Investment dated November
26, 2014;
Pursuant to the Law on Amendment to Article 6
and Appendix 4 regarding the Classification of Trades and Industries subject to
investment and business conditions in the Law on Investment dated November 22,
2016;
Pursuant to the Law on Vocational Education
dated November 27, 2014;
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The Government hereby issues the Decree
prescribing regulatory requirements for educational investment and business
operation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Decree deals with regulatory requirements
for investment and operation in the education industry, including:
a) Regulatory requirements for establishment,
permission for establishment, merger, division, separation, dissolution;
permission for educational operations, or suspension of educational operations,
of early childhood education institutions, general education institutions,
continuing education institutions, specialized schools, universities and
academies (hereinafter refer to higher education institution);
b) Regulatory requirements for establishment,
permission for establishment, merger, division, separation or dissolution of
pedagogy secondary schools, colleges; registration or supplementary
registration of vocational and professional education operations for the group
of teacher training disciplines; issuance, revocation and suspension of
certificates of registration of vocational and professional education
operations for the group of teacher training disciplines at the secondary
and/or collegiate level;
c) Regulatory requirements for establishment or
permission for establishment; registration of educational quality assurance
operations; supplementary registration of educational quality assurance
operations; suspension of educational quality assurance operations; dissolution
of educational quality assurance organizations;
d) Regulatory requirements for conferral of
certificates of overseas study consultancy business; suspension of overseas
study consultancy business; revocation of certificates of overseas study
consultancy business.
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Article 2. Subjects of
application
1. This Decree shall be applied to early childhood
education institutions, general education institutions, continuing education
institutions, specialized schools, universities, secondary schools and colleges
carrying out vocational and professional education operations for the group of
teacher training disciplines, educational quality assurance organizations,
overseas study consultancy businesses, and other organizations or individuals
carrying out educational activities.
2. This Decree shall not cover assurance of quality
of operations of vocational and professional education and consultancy of
overseas study in vocational and professional education under the delegated authority
of the Ministry of Labor, War Invalids and Social Affairs.
Chapter II
EARLY CHILDHOOD
EDUCATION INSTITUTION
Section 1. KINDERGARTEN,
PRESCHOOL OR NURSERY SCHOOL (hereinafter sometimes referred to as school)
Article 3. Regulatory
requirements for establishment of public kindergartens, preschools or nursery
schools; permission for establishment of non-public or private kindergartens,
preschools or nursery schools
1. The proposal for establishment of a
kindergarten, preschool or nursery school must be consistent with the local
socio-economic and educational network development plan approved by the state
regulatory authority.
2. The proposal for establishment of a
kindergarten, preschool or nursery school must clearly define preschool
objectives, missions, curriculum framework and outline; land, facilities,
equipment and intended construction site; organization and personnel structure,
financial and other resources; guidelines and strategies for construction and
development.
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1. The President of the People’s Committee of an
urban/rural district or provincially-controlled town (hereinafter referred to
as district-level People’s Committee) shall be accorded authority to grant the
decision on establishment of a public kindergarten, preschool and nursery
school, or permission for establishment of a non-public or private
kindergarten, preschool and nursery school.
2. Submitted documentation, including:
a) The application form for approval of
establishment of a public kindergarten, preschool and nursery school prepared by
a host entity, or permission for establishment of a non-public or private
kindergarten, preschool and nursery school prepared by an organization or
individual in which necessity for establishment, proposed name and location
intended for construction of the premises for child care, parenting and
education activities must be clearly specified;
b) The proposal for establishment of a
kindergarten, preschool or nursery school that must clearly describe
consistency with the socio-economic development plan and the plan for
development of local educational network; objectives, missions, educational
curriculum framework and program; land, facilities and equipment;
organizational system and structure of teachers and administrative officers;
financial and other resources; guidelines and strategies for construction and
development, solutions to construction and development of the kindergarten,
preschool or nursery school over periods of time.
The proposal should specify total proposed capital
necessary for execution of plans, provide assurance that child care, parenting
and education activities will be performed in a normal manner during 03 first
years of establishment and subsequent years, and give a clear explanation for
feasibility and legitimacy of finances for construction and development of a
kindergarten, preschool or nursery school over periods of time;
c) The written document stating the policy for land
allotment, or the agreement in principle on lease and rental of land and
affixed building or facilities for construction of a kindergarten, preschool or
nursery school of which the minimum term is 05 years;
d) The draft general floor plan and preliminary
design of architectural facilities built on the land plot intended for
construction of a kindergarten, preschool or nursery school, or architectural
design (in case the school head office already exists), which must ensure
consistency with educational scales and standards of usable floor area used for
performing child care, parenting and education activities.
3. Implementation procedures:
a) The People’s Committee of a commune, ward or
town (hereinafter referred to as commune-level People’s Committee; in case of
application for approval of establishment of a public kindergarten, preschool
or nursery school); organization or individual (in case of application for
approval of establishment of a non-public or private kindergarten, preschool or
nursery school) shall submit an application package specified in Clause 2 of
this Article, whether directly or by post, to the district-level People’s
Committee;
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c) Within the duration of 15 business days of
receipt of written assessment opinions from the Subdepartment of Education and
Training and other relevant specialized divisions, if all regulatory
requirements have been met, the President of district-level People’s Committee
shall issue a decision on establishment or approval of establishment; in case
of failure to meet stated requirements, the President of the district-level
People’s Committee shall send a written response in which reasons for refusal to
issue the decision on establishment or approval of establishment should be
clearly specified.
4. Within the duration of 02 years after the date
of entry into force of the decision on establishment or approval of
establishment, if the requesting kindergarten, preschool or nursery school
fails to obtain permission to perform its educational activities, that decision
shall be annulled.
Article 5. Licensing
requirements for educational operations of a kindergarten, preschool and
nursery school
1. Obtain the decision on establishment or the
decision on approval of establishment, issued by the President of
district-level People’s Committee.
2. Own land, school head office, facilities and
equipment that meet requirements, help maintain and develop educational activities
as well as satisfy the following specific requirements:
a) The kindergarten, preschool or nursery school
must be located within the precincts of a residential zone in conformity with
the general planning and at a place convenient for children to reach; ensure
compliance with regulations on safety and environmental sanitation;
b) The total area of project site is divided into
multiple spaces used for building infrastructural facilities, playgrounds,
roads and growing landscaping plants. The average area of project site must be
at least 12 m2 per a child in lowland, delta and midland regions; 08
m2 per a child in municipal, urban and mountainous regions.
As for administrative subdivisions short of
unoccupied land, it shall be possible that the building area is replaced by the
floor area and the stipulated area of vacant land must be adequate;
The non-public and private kindergarten, preschool
and nursery school may rent unused head offices, facilities and equipment which
are state-controlled or owned by public educational institutions for the
purpose of organization of educational activities as per applicable laws and
regulations.
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c) The kindergarten, preschool or nursery school
must build walls to separate its space from the outside;
d) The construction project is divided into the
following blocks:
- Block of child care and nursery education classrooms,
e.g. general activity gathering classrooms, sleeping classrooms, toilets and
play grounds, which must ensure conformity with the specified regulations;
- Block of learning classrooms, e.g. physical
education classrooms, art education classrooms or multifunctional classrooms;
- Block of dining rooms, e.g. kitchen spaces and
warehouses;
- Block of administrative rooms, e.g. school
offices, rector’s offices, vice rector’s offices, administrative management
offices, healthcare rooms, security rooms, staff rooms, toilets intended for
teachers, officers, employees, and parking lots for teachers, officers and
employees;
- Play grounds, e.g. play grounds for child groups
or classes; commonly-shared play spaces, play spaces with landscaping plants.
dd) Equipment, toys, supplies, instructional
materials on child care and education must be available in accordance with
regulations laid down by the Ministry of Education and Training.
3. Employ an adequate staff of administrative
officers, teachers and employees that are structured in a proper manner and
meet stipulated standards for provision of early childhood education programs
and organization of educational activities.
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5. Have the statutes of organization and operations
of the kindergarten, preschool or nursery school.
Article 6. Procedures and
documentation requirements for educational operations of a kindergarten,
preschool or nursery school
1. The Head of the Subdepartment of Education and
Training shall be accorded authority to grant the kindergarten, preschool or
nursery school the license to carry out educational operations.
2. Documentation must be submitted to apply for
such license, including:
a) The request form for the license to carry out
educational operations;
b) The duplicate copy derived from the original
register, the certified duplicate copy derived from the original copy or the
duplicate copy with the original copy for verification purposes (hereinafter
referred to as certified duplicate copy) of the decision on establishment or
the decision on approval of establishment of the kindergarten, preschool or
nursery school;
c) The detailed review report on development of the
Proposal for investment in establishment of the kindergarten, preschool and
nursery school. The report should specify specific works which have been
completed or are in progress, including land, infrastructure, equipment and
financial conditions for child care, parenting and education activities; staff
of teachers and administrative officers;
d) The list of teachers with their professional
qualifications; employment contracts signed between a kindergarten, preschool
or nursery school and each teacher;
dd) The list of officers holding important
positions, such as the rector, vice rectors, heads of divisions, departments or
specialized groups, with their professional qualifications; employment
contracts signed between a kindergarten, preschool or nursery school and each
administrative officer;
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g) The inventory of classrooms, working rooms,
facilities and equipment items meeting stipulated requirements;
h) The legal confirmation document on the title to
land or the agreement on rental of a kindergarten, preschool or nursery school
of which the minimum term is 05 years;
i) The legal confirmation document on the available
amount of money currently managed by a kindergarten, preschool or nursery
school to ensure legitimacy and compliance with the commitment that such amount
is only used for paying construction and other recurrent costs incurred by the
kindergarten, preschool or nursery school upon receipt of permission for
educational operations; the plan for capital mobilization and allocation which
assures stable operations of the kindergarten, preschool or nursery school for
the next period of 05 years that starts from the date of receipt of permission
for enrolment;
k) The statutes of organization and operation, and
rules and regulations on internal expenditure, of the kindergarten, preschool
or nursery school.
3. Implementation procedures:
a) The kindergarten, preschool or nursery school
shall send the Subdepartment of Education and Training 01 set of documents
prescribed by Clause 2 of this Article, whether directly or by post;
b) The Subdepartment of Education and Training
shall receive and arrange to assess the submitted set of documents. If
the submitted set of documents is invalid, a written notification of contents
that require modification must be sent to the kindergarten, preschool or
nursery school within the duration of 05 business days of receipt of these
documents; if such submitted documents are valid, the plan to carry out the
field inspection at the office of kindergarten, preschool or nursery school
must be given;
c) Within the duration of 20 business days from the
date of notice of the plan to carry out the field inspection, the Subdepartment
of Education and Training shall play the leading role and cooperate with other
relevant specialized subdepartments in organizing field inspection activities;
d) Within the duration of 10 business days, if all
regulatory requirements have been met, the Head of the Subdepartment of
Education and Training shall issue a decision on permission for educational
operations; in case of failure to meet stipulated requirements, the written notification
must be sent to the kindergarten, preschool or nursery school and clearly
define reasons for refusal to give approval.
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1. Merger, division or split-up of a kindergarten,
preschool and nursery school shall conform to the following requirements:
a) Match the planning for development of local
educational network;
b) Satisfy the socio-economic demands of the local
area within its scope of operation;
c) Ensure that legal rights and benefits of
children, teachers, administrative officers and employees are maintained;
d) Play a significant role in improving the child
care, parenting and education quality and effectiveness.
2. The President of the district-level People’s
Committee shall be vested with authority to issue a decision on merger,
division or split-up of a kindergarten, preschool or nursery school.
3. Documentation submitted to apply for approval of
merger, division or split-up, including:
a) The proposal for merger, division or split-up of
a kindergarten, preschool and nursery school;
b) The request form for merger, division or
split-up of a kindergarten, preschool or nursery school submitted to the
district-level People’s Committee.
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a) The commune-level People’s Committee (in case of
application for approval of merger, division or split-up of a public
kindergarten, preschool or nursery school), or an organization or individual
(in case of application for approval of merger, division or split-up of a
non-public or private kindergarten, preschool or nursery school), shall send 01
set of documents referred to in Clause 3 of this Article, whether directly or
by post, to the district-level People’s Committee;
b) Within the duration of 20 business days of
receipt of all required valid documents, the district-level People’s Committee
shall be responsible for commanding the Subdepartment of Education and Training
and other relevant specialized subdepartments to give their assessment opinions
on submitted documents and carry out the field inspection of merger, division
or split-up of the kindergarten, preschool or nursery school;
c) Within the duration of 15 business days of
receipt of the written assessment opinions from the Subdepartment of Education
and Training and other relevant specialized subdepartments, if all regulatory
requirements have been met, the President of district-level People’s Committee
shall issue a decision on approval of merger, division or split-up; in case of
failure to meet stated requirements, a written response in which clear reasons
for refusal to approve merger, division or split-up are given must be sent.
Article 8. Suspension of
educational operations of a kindergarten, preschool or nursery school
1. A kindergarten, preschool or nursery school
shall be subject to suspension of its educational operations if:
a) it commits any fraudulent act in order to obtain
a license for educational operations;
b) it fails to meet one of the stipulated eligibility
requirements for permission for educational operations in accordance with
Clause 2 and Clause 3 Article 5 hereof;
c) The license for its educational operations has
been granted ultra vires;
d) Its educational activities have not been carried
out within the duration of 01 year from the licensing date;
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e) otherwise prescribed by applicable laws and
regulations.
2. The Head of the Subdepartment of Education and
Training shall be accorded authority to grant the decision to suspend
educational operations of the kindergarten, preschool or nursery school.
3. Implementation procedures:
a) Where it is established that the kindergarten,
preschool or nursery school has committed one of the violations prescribed by
Clause 1 of this Article, the Head of the Subdepartment of Education and
Training shall decide to establish the inspection team, organize inspection
activities and make a report on the field inspection as well as warn the
kindergarten, preschool or nursery school about any violation;
b) Within the duration of 10 business days from the
date of issue of the warning about its violation which has been detected, the
Head of the Subdepartment of Education and Training shall decide whether or not
its educational operations are suspended;
c) The decision to suspend educational operations
of the kindergarten, preschool or nursery school must specify reasons for such
suspension, duration of suspension, approaches to assuring legal rights and
benefits of school children, teachers, officers and employees and must be made
known to the public through mass media;
d) Upon expiration of the duration of suspension,
if the defaulting kindergarten, preschool or nursery school has succeeded in
mitigating causes resulting in such suspension, the Head of the Subdepartment
of Education and Training shall consider granting a decision on permission for
restoration of educational operations which must be made known to the public
through mass media. In case of refusal to grant permission for restoration of
educational operations, a written notice must be sent to the defaulting school,
give clear reasons for such refusal and provide any possible solution;
dd) Documents submitted to apply for restoration of
educational operations shall include:
- The request form for permission for restoration
of educational operations;
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- Inspection report.
e) Processes for grant of permission for
restoration of educational operations of a kindergarten, preschool or nursery
school shall be subject to Clause 3 Article 6 hereof.
Article 9. Dissolution of a
kindergarten, preschool and nursery school
1. A kindergarten, preschool or nursery school
shall be closed when one of the following situations occurs:
a) The school has committed serious violations
against applicable regulations on organization or operation of a kindergarten,
preschool or nursery school.
b) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes of such
suspension have not yet been corrected;
c) Educational objectives and contents specified in
the establishment decision or the decision on permission for establishment of a
kindergarten, preschool or nursery school have no longer matched socio-economic
development demands;
d) The school is dissolved at the request of the
organization or individual that submitted application for establishment of a
kindergarten, preschool or nursery school.
2. The President of the district-level People’s
Committee shall be vested with authority to issue a decision on dissolution of a
kindergarten, preschool or nursery school.
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a) The decision on establishment of the inspection
team issued by the district-level People’s Committee;
b) The inspection report;
c) The request form for the school dissolution made
by the Subdepartment of Education and Training which clearly defines reasons
for request for dissolution and present evidences that the school has violated
regulations laid down in Point a, b and c Clause 1 of this Article, or the
request form for dissolution made by the organization or individual as the
school founder that clarifies reasons for such dissolution and approaches to
dealing with legal rights and benefits of children, teachers, officers and
employees of the school; plans to deal with assets of the dissolved school.
4. Implementation procedures:
a) The organization or individual that submitted
the application for establishment of a kindergarten, preschool or nursery
school shall send 01 set of documents to request dissolution, whether directly
or by post, to the district-level People’s Committee;
b) When discovering, or receiving any report from
an authority, organization or individual on, the school’s commission of any
violation against regulations laid down in Point a, b and c Clause 1 of this
Article, the district-level People’s Committee shall be responsible for
commanding the Subdepartment of Education and Training to undertake and
cooperate with relevant subdepartments in verification and completion of
preparation of the dissolution documentation which must clarify reasons for
such dissolution, and notify the school requesting for dissolution and report
to the district-level People’s Committee within the permitted duration of 20
business days;
c) Within the maximum duration of 10 business days
of receipt of the request documentation for such dissolution, the President of
the district-level People’s Committee shall consider whether or not a decision
on dissolution of the kindergarten, preschool or nursery school is
granted;
d) The decision to dissolve a kindergarten,
preschool or nursery school must clearly specify reasons for such dissolution,
provide approaches to assuring legal rights and benefits of school children,
teachers, officers and employees, or plans to deal with the school's property,
and ensure public disclosure, transparency as well as must be made known to the
public through mass media.
Section 2. INDEPENDENTLY-RUN
NURSERY GROUP OR PRESCHOOL CLASS (hereinafter sometimes referred to as group or
class)
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1. Meet child daycare demands of families.
2. Have a staff of teachers satisfying
qualification standards referred to in Article 77 of the Law on Education.
3. Provide child care, fostering and education
rooms that are built in a rigid or semi-rigid manner, ensure safety, sufficient
natural illumination, good ventilation and tidiness, and of which the area for
child care, fostering and education activities must be at least 1.5 m2
per a child; play spaces, fences and guard doors used for protecting safety for
children and amenities suitable for children of various ages; spaces for
serving meals to children which are required to have kitchens that have
separate kitchens away from nursery centers and meet regulatory safety
standards as well as comply with fire prevention and food hygiene regulations.
Provide a clean and adequate amount of drinking water for children as
prescribed by laws.
4. Amenities necessary for an independent nursery
group:
a) Activity and play mattresses or carpets, nap
beds, blankets, pillows, mosquito nets, drinking water containers, toy storage
racks, child towel racks and cup holders, infant potty chairs and teacher's
chairs;
b) Basic amenities for children such as toys,
supplies and materials used for play and deliberate play and practice
activities;
c) A sufficient amount of personal care supplies
for children;
d) Necessary supplies and materials for child
carers, including instructional kits for child care and education activities;
child progress monitoring record-books; record-books for monitoring of assets
of the nursery group; materials used for promotion of parents’ knowledge about
child care and education.
5. Amenities necessary for an independent preschool
class:
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b) Basic amenities for children such as toys,
supplies and materials used for play and deliberate play and practice
activities;
c) A sufficient amount of personal care supplies
for children;
d) Necessary supplies and materials for
kindergarten teachers, including instructional kits for child care and
education activities; child progress monitoring record-books; journals for
monitoring of child education activities; materials used for promotion of
parents’ knowledge about child care and education.
6. As for areas where the network of early
childhood education schools or classes has yet to match preschooling demands,
individuals may organize child groups in order to meet parents' demands for
child care, fostering and education activities and register such activities
with the commune-level People's Committees as well as conform to eligibility
requirements for registration of their operations, including:
a) The maximum number of children per a group is 07
children;
b) Carers of preschoolers must have good health, be
tested negative for any infectious disease, have full capacity for civil
conducts and have obtained the certificate of completion of the further
improvement course in child care and parenting practices in accordance with
applicable regulations;
c) The nursery group must satisfy the minimum
facility requirements as follows: It must have the child care and parenting
room that covers a minimum area of 15 m2; ensure safety,
well-ventilated space and fresh air; be furnished with safe supplies and toys
suitable for children of particular ages; provide an adequate amount of
personal supplies for children’s meals, naps and activities as well as
equipment used for child care and parenting activities; provide sufficient
drinking water daily for children; have toilet rooms and appliances intended
for children; provide adequate clean water for children; enter into an
agreement with parents on child care, fostering and safety guarantee
activities; provide instructional materials for child care and education
practices.
Article 11. Procedures and
documentation requirements for establishment of an independently-run nursery
group or preschool class
1. The President of the commune-level People’s Committee
shall be vested with authority to grant the decision to approve establishment
of an independent nursery group and preschool class.
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a) The request form for permission for
establishment of an independently-run nursery group or preschool class;
b) The non-public or private kindergarten,
preschool and nursery school may rent unused head offices, facilities and equipment
which are state-controlled or owned by public educational institutions for the
purpose of organization of educational activities as per applicable laws and
regulations;
c) The certified duplicate copy of teacher’s degree
or certificate.
3. Implementation procedures:
a) The organization or individual shall send 01 set
of documents referred to in Clause 2 of this Article, whether directly or by
post, to the commune-level People’s Committee;
b) The commune-level People’s Committee shall
handle and assess the submitted set of documents. If the submitted set of
documents has been found illicit, a written notification of contents that
require modification must be sent to the applicant within the permitted
duration of 05 business days of receipt of these documents; if such submitted
documents have been judged valid, the written request for field inspection of
eligibility requirements for establishment of an independent nursery group or
preschool class must be sent to the Subdepartment of Education and Training;
c) Within the maximum period of 10 business days,
the Subdepartment of Education and Training shall conduct the requested field
inspection and submit its written opinions to the commune-level People’s
Committee to define whether or not the independent nursery group or preschool
class satisfies regulatory requirements for establishment;
d) Within the duration of 10 business days of
receipt of the written response from the Subdepartment of Education and
Training, the President of commune-level People’s Committee shall issue a
decision on establishment or approval of establishment; in case of refusal to
issue the decision, a written notification in which reasons for refusal to
issue the decision on establishment or approval of establishment should be clearly
specified shall be sent to the applicant and the Subdepartment of Education and
Training.
Article 12. Merger, division
and split-up of independently-run nursery groups or preschool classes
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a) Conform to regulations on teachers, the number
of children per a nursery group or preschool class, and classroom organization
activities;
b) Assure safety, legal rights and benefits for
children and teachers;
c) Contribute to improving the child care,
parenting and education quality.
2. The President of the commune-level People’s
Committee shall be vested with authority to grant the decision to approve
merger, division or split-up of an independent nursery group and preschool
class.
3. Documentation submitted to request approval of
merger, division or split-up of a nursery group and preschool class shall be
composed of the following:
a) The request form for merger, division or
split-up of an independently-run nursery group or preschool class;
b) The certified duplicate copy of teacher’s degree
or certificate.
4. Implementation procedures:
a) The organization or individual shall send 01 set
of documents referred to in Clause 3 of this Article, whether directly or by
post, to the commune-level People’s Committee. Within the maximum period of 05
business days of receipt of all legally required documents, the commune-level
People’s Committee shall send the Subdepartment of Education and Training the
written request for inspection of eligibility requirements for merger,
division or split-up of an independent nursery group or preschool class;
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c) Within the permissible duration of 10 business
days of receipt of the written response from the Subdepartment of Education and
Training, the President of commune-level People’s Committee shall decide
whether merger, division or split-up is approved. In case of refusal to grant a
decision to approve merger, division or split-up of a nursery group or
preschool class, a written notification in which reasons for such refusal
should be clearly stated shall be sent to the Subdepartment of Education and
Training and the applicant.
Article 13. Suspension of
educational operations of independent nursery groups or preschool classes
1. An independent nursery group or preschool class
shall be subject to suspension of its educational operations when one of the
following cases occurs:
a) It fails to meet one of the stipulated
eligibility requirements for establishment referred to in Clause 2, 3, 4 and 5
Article 10 hereof;
b) It has committed any violation against
regulations on imposition of penalties for administrative offences arising in
the education industry to the extent that the decision on suspension thereof is
granted.
2. The President of the commune-level People’s
Committee shall be vested with authority to grant the decision to suspend
educational operations of an independent nursery group and preschool class.
3. Implementation procedures:
a) The commune-level People’s Committee shall
cooperate with the Subdepartment of Education and Training in establishment of
the inspection team, organization of inspection activities and preparation of
the assessment report on field inspection of realistic conditions of the group
or class. Based on the inspection review report, the President of the
commune-level People’s Committee shall decide whether or not the group or class
is suspended. The decision on suspension of the group or class should clearly specify
the reasons for, the duration of educational operations, corrective measures
and must be published through mass media;
b) Upon expiration of the duration of suspension of
educational operations, if the defaulting group or class has succeeded in correct
violations, the President of the commune-level People’s Committee shall
consider granting a decision on permission for restoration of educational
operations of the group or class and publish this decision through mass media.
In case of refusal to grant the decision on permission for restoration of
educational operations, a written notice must be sent to the defaulting
organization or individual, give clear reasons for such refusal and provide any
possible solution;
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- The request form for permission for restoration
of educational operations;
- The decision on establishment of the inspection
team;
- Inspection report.
d) Processes for grant of permission for
restoration of educational operations of an independent nursery group or
preschool class shall be subject to Clause 3 Article 11 hereof.
Article 14. Dissolution of
independently-run nursery groups or preschool classes
1. An independent nursery group or preschool class
shall be dissolved when one of the following cases occurs:
a) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes of such
suspension have not been corrected yet;
b) The group or class has committed serious
violations against applicable regulations on organization or operation of
independent nursery groups or preschool classes;
c) The group or class is dissolved at the request
of the organization or individual that submitted application for establishment
of that group or class.
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3. Implementation procedures:
a) The commune-level People's Committee shall
cooperate with the Subdepartment of Education and Training in conduct of
inspection activities and preparation of the inspection review report;
b) Based on the inspection review report, the
President of the commune-level People’s Committee shall grant his/her decision
on revocation of the establishment permit and on dissolution of the independent
nursery group or preschool class. The dissolution decision must clearly specify
reasons for such dissolution, provide approaches to assuring legal rights and
benefits of school children, teachers, officers and employees and must be made
known to the public through mass media.
Chapter III
GENERAL EDUCATION INSTITUTION
Section 1. PRIMARY SCHOOL
Article 15. Regulatory
requirements for establishment of public primary schools, or permission for
establishment of private primary schools
1. The proposal for establishment of a primary
school must be consistent with the local educational network development plan
approved by the state regulatory authority, correspond to local socio-economic
development requirements, and provide favorable conditions for children to go
to school with the aim of fulfilling the primary education universalization
mission.
2. The proposal for establishment of a primary
school must clearly define objectives, missions, curriculum framework and
outline; facilities, equipment, intended construction site and land coverage;
organization and personnel structure, financial and other resources; guidelines
and strategies for school construction and development.
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1. The President of the district-level People’s
Committee shall be accorded authority to grant the decision on establishment of
a public primary school, or permission for establishment of private primary
school.
2. The application package shall be composed of the
following:
a) The request form for establishment of a primary
school;
b) The proposal for establishment of a primary
school;
c) The CV and the copy of the legitimate degree or
certificate of the recommended rector;
d) The written opinion of relevant authority on establishment
or permission for establishment of the school;
dd) The statement of explanation for acceptance of
opinions from relevant authorities and the complementary report prepared under
the direction of the district-level People’s Committee (if any).
3. Implementation procedures:
a) The commune-level People’s Committee (if the
applicant is a public primary school), or the organization or individual (if
the applicant is a private primary school) shall send 01 set of documents
referred to in Clause 2 of this Article, whether directly or by post, to the
Subdepartment of Education and Training;
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c) Within the maximum duration of 20 business days
of receipt of all legal application documents, the President of the
district-level People’s Committee shall grant the decision on establishment or
approval of establishment of the requesting school. In case of refusal to grant
that decision, a written notification which clarifies reasons for such refusal
must be sent to the Subdepartment of Education and Training, the commune-level
People’s Committee and the requesting organization or individual.
4. Upon expiration of the duration of 02 years
after the date of entry into force of the decision on establishment or approval
of establishment, if the requesting primary school has yet to obtain any
permission for its educational operations, the Subdepartment of Education and
Training shall report to the President of the district-level People's Committee
on the decision on cancellation of the decision on establishment or permission
for establishment of the school.
Article 17. Licensing
requirements for educational operations of a primary school
1. Obtain the decision on establishment or approval
of establishment of the school.
2. Own land, school head office, facilities and
equipment that meet regulatory requirements concerning educational operations:
a) The minimum area of land used for construction
of the requesting school that is determined by taking into account the number
of classes, students and geographic characteristics shall be at least 10 m2
per a student in rural or mountainous regions; 06 m2 per a student
in municipal or urban regions. As for administrative subdivisions short of
unoccupied land, it shall be possible that the usable area of land is replaced
by the floor area of land and is adequate as prescribed; the district-level
People’s Committee shall be responsible for preparing the proposal for use of
the replacement area which must be approved by the provincial-level People’s
Committee;
b) The school construction project is divided into
the following sections:
- A section consisting of perimeter fences, school
gates, name signs, classrooms, rector’s office, vice rector’s office, offices,
conference rooms, teacher’s rooms, libraries, educational equipment storage
spaces, computer labs, history and Young Pioneers’ activity exhibition houses,
healthcare rooms, guard rooms;
- A section consisting of arts education rooms,
audiovisual rooms, student consultation rooms, rooms for inclusive education
for students with disabilities, physical education or multi-functional rooms;
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- A section consisting of canteens and dormitories
that ensure conditions for semi-boarding student’s healthy life, toilet areas
built on each floor or block of classrooms, swimming pools, physical education
areas with play tools, training and fitness aids or equipment for
students.
c) The requesting school must fully provide
educational equipment according to the list of basic educational equipment
articles issued by the Ministry of Education and Training, promptly meet
requirements concerning teaching equipment provided for teachers and students.
3. The site for construction of the school must
provide safe educational environment for learners, teachers and employees.
4. Educational program and teaching or learning
materials must be appropriate for primary education activities.
5. The staff of teachers, administrative officers
and employees meets stipulated qualitative and quantitative standards, be
uniform in terms of personnel structure and satisfy requirements of an
educational program.
6. The school must maintain a sufficient amount of
financial resources as required by laws in order to ensure continued operation
and development of its educational activities.
Article 18. Procedures and
documentation requirements for approval of educational operations of a primary
school
1. The Head of the Subdepartment of Education and
Training shall be accorded authority to grant the requesting primary school the
license to carry out its educational operations.
2. The application package shall be composed of the
following:
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b) The decision on establishment or approval of
establishment of the school;
c) The written report on a relevant competent authority's
inspection of regulatory requirements referred to in Article 17 hereof.
3. Implementation procedures:
a) The rector of the requesting school shall be
responsible for preparing the application documentation for approval of educational
operations, referred to in Clause 2 of this Article;
b) The Subdepartment of Education and Training
shall accept the submitted documentation and check licensing requirements for
educational operations in accordance with Article 17 hereof. Within the
duration of 20 business days of receipt of all required documents, the Head of
the Subdepartment of Education and Training shall issue a decision on approval
of organization of educational activities to the requesting school; in case of
refusal to issue the decision, a written notification in which reasons for such
refusal and possible solutions should be clearly specified shall be sent to the
requesting school.
Article 19. Merger, division
or split-up of a primary school
1. Merger, division or split-up of a primary school
shall conform to the following requirements:
a) Correspond to the local educational network
development plan approved by the state regulatory authority and match local
socio-economic development demands;
b) Assure safety, legal rights and benefits for
students, contribute to increasing educational quality and effectiveness;
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2. The President of the district-level People’s
Committee shall be vested with authority to issue a decision on merger,
division or split-up, or permission for merger, division or split-up of a
primary school.
3. The application package shall be composed of the
following:
a) The request form for merger, division or
split-up;
b) The proposal for merger, division or split-up;
c) The written confirmation of financial status,
assets, real property, loans and liabilities as well as other relevant matters;
d) The written opinion of the relevant authority.
4. Merger, division or split-up of a primary school
shall be carried out according to the processes similar to those for
establishment of primary school referred to in Clause 3 Article 16 hereof.
Article 20. Suspension of
educational operations of a primary school
1. A primary school shall be subject to suspension
of its educational operations when one of the following cases occurs:
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b) The school neither conforms to one of the
eligibility requirements for establishment or permission for establishment as
stipulated in Article 15 hereof nor conforms to licensing requirements for
educational operations of a primary school in accordance with Article 17
hereof;
c) The license for the school’s educational
operations has been granted ultra vires;
d) Its educational activities have not been carried
out within the duration of 01 year from the licensing date;
dd) The school has committed any offence against
laws and regulations on education to the extent that it is subject to
suspension imposed as an administrative penalty;
e) Any other violation is committed as prescribed
by applicable laws and regulations.
2. The Head of the Subdepartment of Education and
Training shall be accorded authority to issue a decision on suspension of
educational operations of the defaulting school.
3. Implementation procedures:
a) Where it is established that the school has
committed one of the violations prescribed by Clause 1 of this Article, the Head
of the Subdepartment of Education and Training shall decide to establish the
inspection team, organize inspection activities and make a report on the field
inspection of the school;
b) In light of the severity of violation that the
school has committed, the Head of the Subdepartment of Education and Training
shall issue a decision on suspension of educational operations of the
defaulting school and report to the district-level People's Committee. c) The
decision to suspend educational operations of a primary school must specify
reasons for such suspension, duration of suspension, approaches to assuring
legal rights and benefits of the school’s students, teachers, administrative
officers and employees and must be made known to the public through mass media;
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d) Documents submitted to apply for restoration of
educational operations shall be composed of the followings:
- The request form for permission for restoration
of educational operations;
- The decision on establishment of the inspection
team;
- Inspection report.
dd) Processes for grant of permission for restoration
of educational operations of a primary school shall be subject to Clause 3
Article 18 hereof.
Article 21. Dissolution of a
primary school
1. A primary school shall be closed when one of the
following situations occurs:
a) The school has committed serious violations
against applicable regulations on organization or operation of a primary
school;
b) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes of such
suspension have not been corrected yet;
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d) The school is dissolved at the discretion of the
organization or individual applying for establishment of the primary school.
2. The President of the district-level People’s
Committee shall be accorded authority to grant a decision on dissolution of a
primary school, or permission for dissolution of a private primary school.
3. The application package shall be composed of the
following:
a) The primary school can be dissolved as
prescribed by Point a, b and c Clause 1 of this Article if it submits the
following documents:
- The request form for dissolution submitted by the
Subdepartment of Education and Training;
- Documentation relating to suspension of
educational operations;
- Documents concerning failure to mitigate causes
of suspension of educational operations;
- The decision on establishment of the inspection
team;
- Inspection report.
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- The request form for dissolution submitted by an
organization or individual;
- The request form for dissolution submitted by the
Subdepartment of Education and Training.
4. Implementation procedures:
a) The Subdepartment of Education and Training
shall measure the severity of violation referred to in Point a, b and c Clause
1 of this Article or consider the request for dissolution of the organization
or individual applying for establishment of the school; request the President
of the district-level People's Committee in writing to issue a dissolution
decision;
b) The district-level People’s Committee shall
consider the request of the Head of the Subdepartment of Education and Training
to decide whether or not the school's dissolution is allowed within the
duration of 20 business days after receipt of all required documents. The
dissolution decision must clearly specify reasons for such dissolution, provide
approaches to assuring legal rights and benefits of the school’s students,
teachers, administrative officers and employees and must be made known to the
public through mass media.
Section 2. OTHER EDUCATIONAL
INSTITUTION PROVIDING THE PRIMARY EDUCATION PROGRAM
Article 22. Regulatory
eligibility requirements for provision of primary education programs by other
educational institutions
1. The educational institution must satisfy
requirements for assistance with primary education universalization set down by
the local jurisdiction where that institution is located.
2. The educational institution must be sponsored by
a primary school and provide support to a competent authority for management of
educational programs, teaching plans, textbooks and reference materials,
educational activities, and documents necessary for educational activities,
student performance assessment or grading.
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4. The educational institution must have classrooms
that conform to the following requirements:
a) Ensure that a classroom is designed in conformity
with the predetermined specifications, provides adequate lighting, is kept cool
in the summer and warm in the winter, is safe for teachers and students in
accordance with applicable school sanitation and hygiene norms, and provides
basic amenities for students with disabilities to make their learning
activities easier;
b) Make the following equipment available for use,
such as student’s chairs and desks conforming to the stipulated specifications
and providing adequate seats for all students, teacher's chairs and desks,
board, lights, fans (installed at places where electricity is supplied),
document and teaching equipment storage cabinets.
Article 23. Regulatory
procedures for provision of primary education programs by other educational
institutions
1. The President of the commune-level People’s
Committee shall license other educational institutions to provide primary
education programs.
2. The application package shall be composed of the
following:
a) The request form for the license to provide
primary education programs;
b) The certified duplicate copy of the degree or
certificate of the recommended director of the requesting educational
institution;
c) The written document evidencing receipt of
sponsorship from the primary school located within the same district.
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a) The requesting organization or individual shall
send 01 set of application documents referred to in Clause 2 of this Article,
whether directly or by post, to the commune-level People’s Committee;
b) The commune-level People’s Committee shall
receive the submitted application documentation. Within the permitted
duration of 05 business days of receipt of such documentation, if the submitted
documentation has been found illicit, a written notification of contents that
require modification must be sent to the respective applicant;
c) Within the duration of 20 business days of
receipt of all valid documents, the President of the commune-level People’s
Committee shall issue a decision on permission for other educational
institutions to provide primary education programs; in case of refusal to issue
such decision, a written notification in which reasons for such refusal and
possible solutions should be clearly specified shall be sent to the respective
applicant.
Article 24. Suspension or
revocation of the decision on permission for provision of primary education
programs by other educational institutions
1. Suspension of the decision on permission for
provision of primary education programs by other educational institutions shall
be carried out in the same manner as that of a primary school in accordance
with Article 20 hereof.
2. Revocation of the decision on permission for
provision of primary education programs by other educational institutions shall
be carried out as follows:
a) The President of the commune-level People’s
Committee shall revoke the decision on permission for provision of primary
education programs by other educational institutions.
b) The educational institution shall be subject to
revocation of the decision on permission for provision of primary education
programs when one of the following situations occurs:
- The educational institution is dissolved in
accordance with applicable laws and regulations;
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- Upon expiration of the duration of suspension,
causes for such suspension have not been corrected yet;
- Educational objectives and contents have no
longer matched local socio-economic development demands;
- The educational institution is dissolved at the
request of the organization or individual applying for establishment of the
educational institution;
- As otherwise prescribed by applicable laws and
regulations.
c) Revocation of the decision on permission for
provision of primary education programs by other educational institutions must
define reasons for such revocation, provide approaches to assuring legal rights
and benefits of that educational institution’s students, teachers,
administrative officers and employees and must be made known to the public
through mass media.
Section 3. LOWER SECONDARY
SCHOOL, UPPER SECONDARY SCHOOL AND MULTI-LEVEL GENERAL EDUCATION SCHOOL
Article 25. Regulatory eligibility
requirements for establishment of a public lower secondary school, upper
secondary school and multi-level general education school (hereinafter referred
to as secondary school), or permission for establishment of a private secondary
school
1. The proposal for establishment of a secondary
school must be consistent with the local socio-economic development and
education network plan approved by the state regulatory authority.
2. The proposal for establishment of a secondary
school must clearly define objectives, missions, curriculum framework and
outline; facilities, equipment, intended construction site and land coverage;
organization and personnel structure, financial and other resources; guidelines
and strategies for school construction and development.
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1. The President of the district-level People’s Committee
shall be accorded authority to grant the decision on establishment or
permission for establishment of a lower secondary school and multi-level
general education school with the lower secondary education level as the
highest level (hereinafter referred to as lower secondary school); the
President of the People’s Committee of a centrally-affiliated city and province
(hereinafter referred to as provincial-level People’s Committee) shall be
accorded authority to grant the decision on establishment or permission for
establishment of a upper secondary school and multi-level general education
school with the upper secondary education level as the highest level
(hereinafter referred to as upper secondary school).
2. The application package shall be composed of the
followings:
a) The request form for establishment of a
secondary school;
b) The proposal for establishment of a secondary
school;
c) The CV and the copy of the legitimate degree or
certificate of the recommended rector;
d) The written opinion of the relevant authority on
establishment or permission for establishment of the secondary school;
dd) The statement of explanation for acceptance of
opinions from relevant authorities and the complementary report prepared under
the direction of the district-level or provincial-level People’s Committee (if
any).
3. Implementation procedures:
a) The commune-level People’s Committee (if the
applicant is a lower secondary school), or the district-level People’s
Committee (if the applicant is an upper secondary school), or the organization
or individual (if the applicant is a private secondary school), shall be
required to send 01 set of documents referred to in Clause 2 of this Article,
whether directly or by post, to the Subdepartment of Education and Training (if
the applicant is a lower secondary school) or the Department of Education and
Training (if the applicant is an upper secondary school);
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c) Within the maximum duration of 20 business days
of receipt of all legally required documents, the person having relevant
delegated powers shall issue the decision on establishment or permission for
establishment of the requesting school; in case of rejection, a written
notification in which reasons for such rejection should be clearly stated must
be sent to the receiving authority or the requesting organization or
individual.
4. 02 years after the date of entry into force of
the decision on establishment or approval of establishment, if the secondary
school has yet to obtain any permission for its educational operations, the
Subdepartment of Education and Training or the Department of Education and
Training shall report to the person given relevant powers who may decide
whether the decision on establishment and approval of establishment becomes
null and void.
Article 27. Licensing
requirements for educational operations of a secondary school
1. The school must be established under the
decision on establishment or approval of establishment, granted by the person
given relevant powers as provided by Clause 1 Article 26 hereof.
2. The school must own land, school head office,
facilities and equipment that meet regulatory requirements concerning
educational operations. School facilities shall conform to the following
requirements:
a) The classroom must be built in conformity with
the stipulated specifications, be furnished with an adequate number of chairs
and desks of which the height fits for all students, teacher's chairs and
desks, boards, and ensure good illumination, cool air and be capable of
operating in two shifts a day;
b) The specialist classroom must be subject to
regulations on the specialist classroom, adopted by the Minister of Education
and Training;
c) Block of facilities providing educational
support services, e.g. multifunctional physical activity facility, library,
Young Pioneer – Youth Union activity facility and historical exhibition house;
d) Block of clerical and administrative facilities,
e.g. rector’s offices, vice rector’s offices, meeting halls that can receive
all of the administrative officers, teachers and employees, rooms intended for
subject groups, healthcare service rooms, storage facilities, guest contact and
reception rooms and Communist Party or Union activity rooms;
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e) Parking lots that must be arranged at suitable
areas within the precinct of the school, ensure conformity to safety, security
and sanitation standards;
g) Information technology facilities and systems
with internet connection that match teaching and learning demands.
3. The school must be located at an area that helps
provide a good and safe educational environment for students, teachers,
administrative officers and employees. The school must be located at a separate
area with perimeter walls, school main entrance gate and school name sign. The
school must cover a sufficient area of land that is prescribed by applicable
laws and meets requirements concerning organization of educational activities.
4. The school’s curriculum and syllabus must be
provided in accordance with applicable laws provided they match the teaching
and learning demands at specific educational levels.
5. The school must employ a staff of teachers and
administrative officers that satisfy stipulated moral standards and gain
equivalent educational qualifications, and are adequate according to the
classification structure of teachers and meet stipulated requirements regarding
provision of educational programs and organization of educational activities.
6. The school must maintain a sufficient amount of
financial resources as required by laws in order to ensure continued operation
and development of its educational activities.
7. The school must adopt its statutes of
organization and operations.
Article 28. Procedures and
documentation requirements for application for approval of educational
operations of a secondary school
1. The Head of the Subdepartment of Education and
Training shall be accorded authority to grant the requesting lower secondary
school the license to carry out its educational operations; the Director of
Department of Education and Training shall be accorded authority to grant the
requesting upper secondary school the license to carry out its educational
operations.
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a) The request form for the license to carry out educational
operations;
b) Certified duplicate copy of the establishment
decision or the decision on approval of establishment of the school;
c) Written document on evaluation of requirements,
referred to in Article 27 hereof, conducted by relevant competent authorities.
3. Implementation procedures:
a) The public secondary school, or representative
of organization or individual (if the applicant is the private secondary
school) shall send 01 set of documents referred to in Clause 2 of this Article,
whether directly or by post, to the competent persons stipulated by Clause 1 of
this Article;
b) The competent persons referred to in Clause 1 of
this Article shall receive the submitted documentation. Within the permitted
duration of 05 business days of receipt of such documentation, if the submitted
set of documents has been found illicit, a written notification of contents
that require correction or modification must be sent to the respective
applicant;
c) Within the maximum duration of 20 business days
of receipt of all valid application documents, the competent persons referred
to in Clause 1 of this Article shall grant the decision on approval of
educational operations of the requesting school. In case of refusal to grant
approval of educational operations, a written notice must be sent to the
requesting school, give clear reasons for such refusal and provide any possible
solution.
Article 29. Merger, division
or split-up of a secondary school
1. Merger, division or split-up of a secondary
school shall conform to the following requirements:
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b) Assure safety, legal rights and benefits for
students, contribute to increasing educational quality and effectiveness;
c) Ensure that legal rights and benefits of
teachers, administrative officers and employees are maintained.
2. The competent persons authorized to grant the
decision on establishment or the decision on approval of establishment of the
school shall be vested authority to issue the decision on merger, division or
split-up of the school or approval thereof. Where the schools established under
decisions made by competent authorities at different levels, the decision of
the higher-level competent authority shall prevail; in case of competent
authorities at the same levels having appropriate powers to make the decision
on establishment, these same-level authorities shall seek to reach an agreement
on issuing such decision.
3. The application package shall be composed of the
followings:
a) The request form for merger, division or
split-up;
b) The proposal for merger, division or split-up;
c) The written confirmation of financial status,
assets, real property, loans and liabilities as well as other relevant matters;
d) The written opinion of the relevant authority.
4. Merger, division or split-up of a secondary
school shall be carried out according to the processes similar to those for
establishment of a secondary school referred to in Article 26 hereof.
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1. A secondary school shall be subject to
suspension of its educational operations when one of the following cases
occurs:
a) The school commits any fraudulent act in order
to obtain a license for its educational operations;
b) The school fails to meet one of the stipulated
licensing requirements for its educational operations in accordance with
Article 27 hereof;
c) The license for the school’s educational
operations has been granted ultra vires;
d) Its educational activities have not been carried
out within the duration of 01 year from the licensing date;
dd) The school has committed any offence against
laws and regulations on education to the extent that it is subject to
suspension imposed as an administrative penalty;
e) The school has committed serious violations
against regulations on objectives, educational plan and quality, educational,
assessment and examination rules;
g) The school has committed any other violation
prescribed by applicable laws and regulations.
2. The competent person having authority to license
operational operation shall be accorded authority to issue a decision on suspension
of educational operations of the violating secondary school. The decision to
suspend educational operations of a secondary school must clearly specify
reasons for such suspension and term of suspension, approaches to assuring
legal rights and benefits of the school’s students, teachers, administrative
officers and employees, and must be made known to the public through mass
media.
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a) Where it is established that the school has
committed one of the violations prescribed by Article 27 hereof, the competent
person referred to in Clause 1 Article 26 hereof shall establish the inspection
team, conduct inspection procedures and make a report on the field inspection
of the school;
b) In light of the severity of violation that the
school has committed, the Head of the Subdepartment of Education and Training
(if the requesting secondary school is established under the decision of the
President of district-level People's Committee), or the Director of the
Department of Education and Training (if the secondary school is established
under the President of provincial-level People’s Committee) shall issue a
decision on suspension of educational operations of the defaulting school and
report to the competent person vested with authority to issue the decision on
establishment or the decision on approval of establishment of the secondary
school;
c) Upon expiration of the duration of suspension,
if the defaulting secondary school has succeeded in mitigating causes resulting
in such suspension, the competent person vested authority to grant the
suspension decision shall issue a decision on permission for restoration of the
school’s operations which must be made known to the public through mass media.
In case of refusal to grant permission for restoration of educational
operations, a written notice must be sent to the school, give clear reasons for
such refusal and provide any possible solution;
d) Documents submitted to apply for restoration of
educational operations shall be composed of the followings:
- The request form for permission for restoration
of educational operations;
- The decision on establishment of the inspection
team;
- Inspection report.
dd) Processes for grant of permission for
restoration of educational operations of a secondary school shall be subject to
Clause 3 Article 28 hereof.
Article 31. Dissolution of a
secondary school
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a) The school has committed serious violations
against applicable regulations on administration, organization or operation of
a secondary school;
b) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes for such
suspension have not been corrected yet;
c) Educational objectives and contents specified in
the establishment decision or the decision on approval of establishment of a
secondary school have no longer matched local socio-economic development
demands;
d) The school is dissolved upon the request of the
organization or individual applying for establishment of the secondary school.
2. The competent persons vested authority to grant
the decision on establishment or the decision on approval of establishment of
the school shall have authority to issue the decision on dissolution of the
school.
3. The application package shall be composed of the
followings:
a) The secondary school can be dissolved under the
provisions of Point a, b and c Clause 1 if it submits the following documents:
- The request form for permission for dissolution,
submitted by the Subdepartment of Education and Training in case of request for
dissolution of a lower secondary school, or by the Department of Education and
Training in case of request for dissolution of an upper secondary school;
- Documents relating to suspension of educational
operations;
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- The decision on establishment of the inspection
team;
- Inspection report.
b) The secondary school can be dissolved as
prescribed by Point d Clause 1 if it submits the following documents:
- The request form for dissolution submitted by an
organization or individual;
- The request form for permission for dissolution,
submitted by the Subdepartment of Education and Training in case of request for
dissolution of a lower secondary school, or by the Department of Education and
Training in case of request for dissolution of an upper secondary school.
4. Implementation procedures:
b) The Subdepartment of Education and Training (if
the requesting secondary school is established under the decision of the
President of district-level People's Committee), or the Department of Education
and Training (if the secondary school is established under the President of provincial-level
People’s Committee), or the organization or individual founding the school (if
the requesting school is a private one), shall set up the plan for dissolution
of the school which is then submitted to the competent person vested authority
to make a decision on dissolution of the school. The dissolution decision must
clearly specify reasons for such dissolution, provide approaches to assuring
legal rights and benefits of the school’s students, teachers, administrative
officers and employees and must be made known to the public through mass media;
b) The Subdepartment of Education and Training (in
case of dissolution of a lower secondary school), or the Department of
Education and Training (in case of dissolution of an upper secondary school), shall
inspect and evaluate the severity of violation referred to in Point a, b and c
Clause 1 of this Article or consider the request for dissolution submitted by
the organization or individual founding the secondary school; request the
competent person vested authority to issue the decision on establishment or the
decision on approval of establishment of the secondary school in writing to
issue a dissolution decision;
c) Within the maximum duration of 20 business days
of receipt of all legally required documents, the competent person vested
authority to issue the decision on establishment or the decision on approval of
establishment of the secondary school shall issue the decision on dissolution
of the school.
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Article 32. Eligibility
requirements for establishment of technology – career education center
1. Correspond to the local socio-economic
development requirements and the educational network development plan approved
by the state regulatory authority; ensure feasibility and efficiency; match
learning demands of the population.
2. Employ a staff of qualified administrative
officers and teachers conforming to the regulatory standards.
3. Have a site used for construction or
installation of facilities or equipment in accordance with the following
regulations:
a) Have an adequate number of classrooms,
laboratory facilities, specialist classrooms, libraries and manufacturing
practice rooms that meet teaching and learning requirements;
b) Have teaching equipment, books or journals that
meet requirements for provision of training programs at centers, are managed
and used in an effective manner in accordance with applicable laws and
regulations.
Article 33. Procedures and
documentation requirements for establishment of technology – career education
center
1. The President of provincial-level People’s
Committee shall be vested authority to issue the decision on establishment of
technology – career education center.
2. The application package shall be composed of the
followings:
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b) Explanation for fulfillment of requirements
concerning facilities, staff of administrative officers and teachers as
prescribed by Article 32 hereof;
c) Opinions received from relevant regulatory
authorities;
d) Résumé of the recommended Director of the
center.
3. Implementation procedures:
a) The Department of Education and Training shall
undertake or cooperate with the district-level People's Committee or the
organization or individual in formulation of the proposal for establishment of
the technology and career education center, send the application for
establishment of the center to the relevant regulatory authority in order to
obtain written opinions on establishment and request evaluation thereof
conducted by the Department of Home Affairs;
b) The Department of Home Affairs shall carry out
evaluation and deliver the evaluation dossiers to the provincial-level People’s
Committee for verification and report to its President to request him/her to
issue the decision on establishment of the center. In case of refusal to grant
that decision, a written notice in which reasons for such refusal are clearly
defined must be sent to the Department of Education and Training, requesting
organization or individual.
Article 34. Merger, division
and split-up of technology – career education center
1. The President of the provincial-level People’s
Committee shall be vested authority to issue the decision on merger, division
or split-up of technology – career education center.
2. Merger, division or split-up of the technology -
career education center shall be subject to regulations laid down in Article 32
and 33 hereof.
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1. A technology – career education center shall be
suspended when one of the following circumstances occurs:
a) The center has committed any offence against
laws and regulations on penalties for administrative offences arising in the
education industry to the extent that it is subject to suspension;
b) Educational operations of the technology –
career education center are uncertain due to objective reasons.
2. The President of the provincial-level People’s
Committee shall be vested authority to issue the decision on suspension of
educational operations of the technology – career education center.
3. The documentation to be submitted shall include
the written request sent to the Department of Home Affairs for evaluation of
suspension of the center's educational operations.
4. Implementation procedures:
a) The Department of Education and Training
requests the Department of Home Affairs in writing to establish the inspection
team, conduct the field inspection at the center, address the inspection dossiers
to the office of the provincial-level People’s Committee for its verification
and preparation of a report to its President to request his/her decision on
suspension of educational operations of the technology – career education
center. The decision to suspend educational operations of the
center must clearly specify reasons for such suspension and duration of
suspension, approaches to assuring legal rights and benefits of the center’s
students, teachers, administrative officers and employees, and must be made
known to the public through mass media;
b) Upon expiration of the duration of suspension,
if the defaulting center has succeeded in mitigating causes resulting in such
suspension, the President of the provincial-level People's Committee shall
issue a decision on permission for restoration of the center’s educational
operations which must be made known to the public through mass media. In case
of refusal to grant that decision, a written notice must be sent to the
defaulting organization or individual, give clear reasons for such refusal and
provide any possible solution;
c) Documents submitted to apply for permission for
restoration of educational operations shall be composed of the followings:
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- The decision on establishment of the inspection
team;
- The inspection report.
d) Processes for grant of permission for
restoration of educational operations of a technology – career education center
shall be subject to Clause 3 Article 33 hereof.
Article 36. Dissolution of the
technology – career education center
1. A technology – career education center shall be
closed when one of the following situations occurs:
a) The center has committed serious violations
against applicable regulations on administration, organization or operation of
a center;
b) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes for such
suspension have not yet been corrected;
c) Educational objectives and contents specified in
the decision on establishment of a technology – career education center have no
longer matched local socio-economic development demands.
2. The President of the provincial-level People’s
Committee shall issue the decision on dissolution of the technology – career
education center.
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a) The plan to dissolve the technology – career
education center;
b) The written request submitted to the Department
of Home Affairs for its evaluation.
4. Implementation procedures:
a) The Department of Education and Training sets up
the plan for dissolution of the technology - career education center and sends
the written request to the Department of Home Affairs for its evaluation;
b) In light of the results of evaluation conducted
by the Department of Home Affairs, the President of the provincial-level
People’s Committee shall issue the decision on dissolution of the requesting
technology – career education center within the permitted duration of 20
business days of receipt of all legally required documents. The
dissolution decision must clearly specify reasons for such dissolution, provide
approaches to assuring legal rights and benefits of the center’s students,
teachers, administrative officers and employees and must be made known to the
public through mass media.
Chapter IV
CONTINUING EDUCATION
INSTITUTION
Section 1. CONTINUING
EDUCATION CENTER
Article 37. Eligibility
requirements for establishment of continuing education center
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2. Employ a staff of qualified administrative
officers and teachers conforming to the regulatory standards.
3. Have a site used for construction or
installation of facilities or equipment in accordance with the following
regulations:
a) Have an adequate number of classrooms,
laboratory rooms, libraries and production practice facilities that meet
teaching and learning requirements;
b) Have teaching and laboratory equipment, teaching
books and learning materials in conformity with requirements concerning
provision of continuing education programs.
Article 38. Procedures and
documentation requirements for establishment of continuing education center
1. The President of the provincial-level People’s
Committee shall be vested authority to issue the decision on establishment of
provincial-level continuing education center.
2. The request documentation shall be composed of
the followings:
a) The written request for establishment of the
continuing education center, submitted by the Department of Education and
Training;
b) The proposal for establishment of the continuing
education center which clearly specifies the demands for grant of the license
for educational operations, guidelines for operations of the continuing
education center, requirements concerning facilities, administrative officers
and teachers as prescribed by Article 37 hereof;
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3. Implementation procedures:
a) The Department of Education and Training sends
01 set of application documents prescribed by Clause 2 of this Article, whether
directly or by post, to the Department of Home Affairs to request its
evaluation;
b) Within the maximum duration of 10 business days
of receipt of all legally required application documents, the Department of
Home Affairs shall conduct evaluation and deliver evaluation dossiers to the
provincial-level People’s Committee for its verification;
c) Within the permitted duration of 05 business
days of receipt of all valid documents, the President of the provincial-level
People’s Committee shall issue the decision on establishment of
provincial-level continuing education center. In case of refusal to grant that
decision, a written notice in which reasons for such refusal are clearly
defined must be sent to the Department of Education and Training.
Article 39. Merger, division
or split-up of the continuing education center
1. The President of the provincial-level People’s
Committee shall be vested authority to issue the decision on merger, division
or split-up of the continuing education center.
2. Merger, division or split-up of the continuing
education center shall be subject to Article 37 and 38 hereof.
Article 40. Suspension of
educational operations of a continuing education center
1. A continuing education center shall be subject
to suspension of its educational operations when one of the following cases
occurs:
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b) Educational operations of the continuing
education center are uncertain due to objective reasons.
2. The President of the provincial-level People’s
Committee shall make a decision on suspension of educational operations of a
continuing education center.
3. Implementation procedures:
a) The Department of Education and Training
requests the Department of Home Affairs in writing to establish the inspection
team, conduct the field inspection at the center and make a report on that
inspection, address the inspection dossiers to the office of the
provincial-level People’s Committee for its verification and preparation of a
report to its President to call for his/her decision on suspension of
educational operations of the continuing education center;
b) The decision to suspend educational operations
of the center must clearly specify reasons for such suspension, duration of
suspension, approaches to assuring legal rights and benefits of the center’s
students, teachers, administrative officers and employees, and must be made known
to the public through mass media;
c) Upon expiration of the duration of suspension,
if the defaulting center has succeeded in mitigating causes resulting in such
suspension, the President of the provincial-level People's Committee shall
issue a decision on permission for restoration of the center’s educational
operations which must be made known to the public through mass media. In case
of refusal to grant that decision, a written notice must be sent to the
Department of Education and Training or the defaulting organization or
individual, give clear reasons for such refusal and provide any possible
solution;
d) Documents submitted to apply for restoration of
educational operations shall be composed of the followings:
- The request form for permission for restoration
of educational operations;
- The decision on establishment of the inspection
team;
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dd) Processes for grant of permission for
restoration of educational operations of the continuing education center shall
be subject to Clause 3 Article 38 hereof.
Article 41. Dissolution of the
continuing education center
1. A continuing education center shall be closed
when one of the following situations occurs:
a) The center has committed serious violations against
applicable regulations on administration, organization or operation of a
center;
b) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes for such
suspension have not yet been corrected;
c) Educational objectives and contents specified in
the decision on establishment of a continuing education center have no longer
matched local socio-economic development demands.
2. The President of the provincial-level People’s
Committee shall be vested authority to issue the decision on dissolution of the
continuing education center.
3. Implementation procedures:
a) The Department of Education and Training sets up
the plan for dissolution of the continuing education center and sends the
written request to the Department of Home Affairs for its evaluation. Upon
completion of the evaluation, the Department of Home Affairs shall deliver the
evaluation dossiers to the provincial-level People’s Committee for its
verification and preparation of a report to its President to request him/her to
issue the decision on dissolution of the center;
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Section 2. COMMUNITY LEARNING
CENTER
Article 42. Eligibility
requirements for establishment of the community learning center
1. Correspond to the local educational network
development plan approved by the state regulatory authority and learning
demands of the community.
2. Employ officers, teachers, accountants and
pursers that meet requirements concerning the center’s operations in accordance
with applicable laws and regulations.
3. Have a specified site, facilities and equipment,
educational programs, plans and learning materials necessary to meet requirements
concerning the center's operations by acquisition of new facilities, equipment
or use of existing facilities and amenities within areas at the commune
level.
Article 43. Procedures and
documentation requirements for establishment of the community learning center
1. The President of the district-level People’s
Committee shall be vested authority to issue the decision on establishment of
the community learning center.
2. The application package shall be composed of the
followings:
a) The written request of the commune-level
People’s Committee for establishment of the community learning center in which
conformity with requirements specified in Article 42 hereof must be clearly
defined;
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3. Implementation procedures:
a) The commune-level People’s Committee shall send
01 set of application documents prescribed by Clause 2 of this Article, whether
directly or by post, to the Subdepartment of Education and Training;
b) Within the permissible duration of 10 business
days, the Subdepartment of Education and Training receives the request
dossiers, conduct evaluation of fulfillment of stated requirements and submit
the evaluated dossiers to the President of the district-level People’s
Committee for his/her consideration or decision;
c) Within the permissible duration of 05 business
days of receipt of all legally required documents, the President of the
district-level People’s Committee shall make his/her decision. In case of
refusal to grant that decision, a written notice must be sent to the
commune-level People's Committee and the Subdepartment of Education and
Training, give clear reasons and any possible solution.
Article 44. Suspension of
operations of the community learning center
1. The community learning center shall be suspended
when one of the following situations occurs:
a) The center has committed any offence against
laws and regulations on penalties for administrative offences arising in the
education industry to the extent that it is subject to suspension;
b) Operations of the community learning center have
not matched the community's learning demands;
c) For the duration of 12 successive months, the
center has not carried out any activity to satisfy the community's learning
demands.
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3. Implementation procedures:
a) The Subdepartment of Education and Training sets
up the inspection team, carries out inspection and makes an assessment report
on reality of the community learning center. If there is any sufficient ground
for suspension of the center's operations as prescribed by Clause 1 of this
Article, it must request the President of the district-level People's Committee
to make his/her decision on suspension of operations of the community learning
center;
b) The decision to suspend operations of the center
must clearly specify reasons and grounds for such suspension and duration of
suspension, approaches to assuring legal rights and benefits of the center’s
students, teachers, administrative officers and employees, and must be made
known to the public through mass media;
c) Upon expiration of the duration of suspension,
if the defaulting center has succeeded in mitigating causes resulting in such
suspension, the Subdepartment of Education and Training carries out inspection
and requests the President of the district-level People's Committee to issue
his/her decision on permission for restoration of the center’s operations which
must be made known to the public through mass media. In case of refusal to
grant that decision, a written notice must be sent to the Subdepartment of
Education and Training and the commune-level People's Committee, give clear
reasons and any possible solution;
d) Documents submitted to apply for restoration of
the center’s operations shall be composed of the followings:
- The request form for permission for restoration
of the center’s operations;
- The decision on establishment of the inspection
team;
- The inspection report.
dd) Processes for grant of permission for
restoration of operations of a community learning center shall be subject to
Clause 3 Article 43 hereof.
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1. A community learning center shall be closed when
one of the following situations occurs:
a) The center has committed serious violations
against applicable regulations on administration, organization or operation of
the community learning center;
b) Upon expiration of the duration of suspension of
the center’s operations specified in the suspension decision, causes for such
suspension have not yet been corrected;
c) The center’s educational objectives and contents
have no longer matched local socio-economic development demands.
2. The President of the district-level People’s
Committee shall be vested authority to issue the decision on dissolution of the
community learning center.
3. Implementation procedures:
a) The Subdepartment of Education and Training
conduct inspection of the community learning center. If there is any sufficient
ground for dissolution as prescribed by Clause 1 of this Article, it must
request the President of the district-level People's Committee to make his/her
decision on dissolution of operations of the community learning center;
b) The dissolution decision must clearly specify
reasons for such dissolution, provide approaches to assuring legal rights and
benefits of the center’s students, teachers, administrative officers and
employees and must be made known to the public through mass media.
Section 3. FOREIGN LANGUAGE
AND COMPUTER TRAINING CENTER
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1. Correspond to the socio-economic development and
local educational network plan approved by the state regulatory authority.
2. The proposal for establishment of a foreign
language and computer training center must clearly define objectives, missions,
curriculum framework and outline; facilities, equipment, intended construction
site and land coverage; organization and personnel structure, financial and
other resources; guidelines and strategies for center construction and
development.
Article 47. Procedures and
documentation requirements for establishment of the foreign language and
computer training center
1. Authority to establish the foreign language and
computer training center:
a) The President of the provincial-level People’s
Committee or the Director of the Department of Education and Training (in case
of being authorized by the President of the provincial-level People’s
Committee) shall be vested with authority to grant a decision on establishment
of the centers that fall within his/her remit; the centers of a vocational
education secondary school; the centers of organizations or individuals
submitting applications for establishment of these centers;
b) The Director of a university, academy and Rector
of a higher education institution shall be accorded authority to issue the
decision on establishment of the centers that fall within his/her remit;
c) The head of a social organization,
socio-professional organization or economic organization authorized by laws to
establish training centers shall be vested with authority to make his/her
decision on the foreign language and computer training centers that fall within
his/her remit.
2. The application package shall be composed of the
followings:
a) The request form for establishment of the
foreign language and computer training center;
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c) The draft statutes of operations of the foreign
language and computer training center.
3. Implementation procedures:
a) The organization or individual shall send 01 set
of application documents referred to in Clause 2 of this Article, whether
directly or by post, to the competent person vested relevant authority to
establish the foreign language and computer training center;
b) Within the permissible duration of 10 business
days of receipt of all required valid documents, the competent authority vested
with power to establish the foreign language and computer training center shall
be responsible for evaluation and inspection of requirements in accordance with
applicable laws and regulations.
c) Within the permissible duration of 05 business
days, the competent person vested authority to issue the decision on
establishment or approval of establishment of the foreign language and computer
training center as prescribed by Clause 1 of this Article issues the decision
on establishment or approval of establishment of the requesting center when all
specified requirements have been satisfied; in case of refusal to grant that
decision, a written notification in which reasons for such refusal should be
clearly stated must be sent to the requesting organization or individual.
Article 48. Licensing
requirements for educational operations of a foreign language and computer
training center
1. The center must be established under the decision
on establishment or the decision on approval of establishment as provided by
Clause 1 Article 47 hereof.
2. The center employs administrative officers,
teachers and technicians providing theory or practice lectures that meet
statutory qualification requirements; accountants and pursers that are required
to meet its operational requirements. The average number of teachers must
be 25 students/1 teacher/shift.
3. The center must have an adequate number of
classrooms and functional rooms which are relevant and meet requirements of the
training program; offices for the administrative mechanism according to the
organizational structure of the center which are used for performing management
and training tasks. The center’s classrooms must be fully
illuminated and cover the minimum area of 1.5 m2/student/shift.
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Article 49. Procedures and
documentation requirements for educational operations of a foreign language and
computer training center
1. Authority to license educational operations:
a) The Director of the Department of Education and
Training shall be vested with authority to issue the decision on approval of
educational operations of foreign language and computer training centers of the
Department of Education and Training; those of the vocational education
secondary schools; those of the organizations or individuals requesting
permission for establishment; those of universities or colleges that are
located outside the precincts of these universities or colleges; those of
ministries, departments, social organizations and socio-professional
associations based in his/her local jurisdiction;
b) The Director of a university, academy and Rector
of a higher education institution shall be accorded authority to issue the
decision to license educational operations of the foreign language and computer
training center operating within the precincts of such university, academy and
higher education institution.
2. The application package shall be composed of the
followings:
a) The request form for the license to carry out
educational operations;
b) The decision to establish the center issued by
the competent person;
c) The statutes of educational operations of the
center;
d) The report on office equipment, classrooms,
practice rooms, training facilities, enclosing the written evidence of legal
right to use land and house, sources of financing for operations of the
center;
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e) The list of particulars of administrative
officers and teachers involved in the training program;
g) Regulations on schooling fee and charge;
h) The certificate awarded students upon completion
of a training program.
3. Implementation procedures:
a) The foreign language and computer training
center shall send 01 set of application documents stipulated by Clause 2 of
this Article, whether directly or by post, to the competent person referred to
in Clause 1 of this Article;
b) Within the duration of 05 business days of receipt
of the submitted documentation, the competent person referred to in Clause 1 of
this Article handles that submitted documentation. Where the submitted
documentation has not yet met regulations, a written notice must be sent to
specify which contents need modification or revision to the requesting center;
c) Within the permissible duration of 10 business
days of receipt of all valid application documents, the competent person
referred to in Clause 1 of this Article works with relevant authorities and affiliations
to carry out field evaluation of capability to fulfill stipulated requirements
and record results of such evaluation as an evaluation report;
d) Within the maximum duration of 05 business days
of receipt of evaluation results, the competent person referred to in Clause 1
of this Article shall grant the decision on approval of educational operations
of the requesting center. In case of refusal to grant that decision, a written
notice must be sent to the requesting center and give clear reasons for such
refusal.
Article 50. Merger, division
or split-up of a foreign language and computer training center
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a) Match local human resource development demands;
b) Assure legal rights and benefits of teachers,
administrative officers and employees;
c) Contribute to increasing educational quality and
effectiveness.
2. The competent person authorized to grant the decision
on establishment of the center shall be vested authority to issue the decision
on merger, division or split-up of the center.
3. Merger, division or split-up of the center shall
be carried out according to the processes similar to those for establishment of
that center referred to in Article 47 hereof.
Article 51. Suspension of
educational operations of a foreign language and computer training center
1. A foreign language and computer training center shall
be subject to suspension of its educational operations when one of the
following cases occurs:
a) The center has committed any offence against
laws and regulations on penalties for administrative offences arising in the
education industry to the extent that it is subject to suspension;
b) Educational operations of the center are
uncertain due to objective reasons;
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2. The competent person having authority to license
operational operations of the center shall be accorded authority to issue a
decision on suspension of educational operations of the foreign language and
computer training center.
3. Implementation procedures:
a) Where it is established that the school has
committed one of the violations prescribed by Article 1 hereof, the competent
person referred to in Clause 1 Article 49 hereof shall establish the inspection
team, conduct inspection procedures and make a report on the field inspection
of the center and recommend possible solutions;
b) Based on the inspection results, the competent
person having authority to license operational operations of the center shall
be accorded authority to issue a decision on suspension of educational
operations of the foreign language and computer training center. The decision
to suspend educational operations of the center must clearly specify reasons
for such suspension and duration of suspension, approaches to assuring legal
rights and benefits of the center’s students. b) The decision on suspension of
educational operations of the foreign language and computer training center
must be made known to the public through mass media;
c) Upon expiration of the duration of suspension,
if the defaulting center has succeeded in mitigating causes resulting in such
suspension, the competent person vested authority to grant the suspension
decision shall issue a decision on permission for restoration of the center’s
educational operations which must be made known to the public through mass
media. In case of refusal to grant that decision, a written notice must be sent
to the requesting center and give clear reasons for such refusal;
d) Documents submitted to apply for restoration of
educational operations shall be composed of the followings:
- The request form for permission for restoration
of educational operations;
- The decision on establishment of the inspection
team;
- The inspection report.
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Article 52. Dissolution of a
foreign language and computer training center
1. A foreign language and computer training center
shall be closed when one of the following situations occurs:
a) The center has committed serious violations
against applicable regulations on administration, organization or operation of
a foreign language and computer training center;
b) Educational objectives and contents specified in
the establishment decision or the decision on approval of establishment of a
foreign language and computer training center have no longer matched local
socio-economic development demands;
a) The center is dissolved at the request of the
organization or individual applying for establishment of the foreign language
and computer training center.
2. The competent person authorized to grant the
decision on establishment of the center shall be vested authority to issue the
decision on dissolution of the center.
3. Implementation procedures:
a) The competent person having authority to issue
the decision on establishment of the foreign language and computer training
center establishes the inspection team to carry out the field inspection at the
center, recommends possible solutions or consider solutions recommended by the
organization or individual founding the center, makes recommendations and
prepares a report on the inspection results;
b) Based on the inspection results, the competent
person authorized to grant the decision on establishment of the center issues
the decision on dissolution of the center. The dissolution decision must
clearly specify reasons for such dissolution, provide approaches to assuring
legal rights and benefits of the center’s students, teachers, administrative
officers and employees and must be made known to the public through mass media.
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SPECIALIZED SCHOOL
Section 1. SCHOOL OR CLASS FOR
GIFTED STUDENTS IN SPORT AND PHYSICAL ACTIVITIES
Article 53. Eligibility
requirements for establishment of a school or class for gifted students in
sport and physical activities
1. Employ a staff of qualified administrative
officers and teachers conforming to the regulatory standards in order to
provide general knowledge at respective educational levels. Have a staff of
coaches qualified to provide sport and physical education programs that satisfy
the following specific requirements, i.e. they must hold at least a three-year
bachelor's degree in sport and physical education to be qualified to provide
training for classes for gifted students in sport and physical activities, and
at least a bachelor's degree in sport and physical education for schools for
gifted students in sport and physical activities; with respect to athletes
awarded the title ranging from first class to master, in order to be qualified
to provide training they are required to obtain at least a three-year
bachelor's degree in sport and physical education.
2. Provide an adequate number of facilities to
support students in learning general knowledge and engaging in sport and
physical training subjects. The school must also provide boarding facilities to
accommodate students who live far away from the school.
Article 54. Procedures for
establishment of a school or class for gifted students in sport and physical
activities
1. A class for gifted students in sport and
physical activities shall be established within the precincts of a general
education institution at the request of the school headmaster; established
within the precincts of a primary school or lower secondary school under the
establishment decision issued by the President of the district-level People’s
Committee upon receipt of the request jointly submitted by the Subdepartment of
Education and Training and the regulatory authority over sports and physical
activities at the district level; established within the precincts of an upper
secondary school under the establishment decision issued by the President of
the provincial-level People’s Committee upon receipt of the request jointly
submitted by the Department of Education and Training and the Department of
Culture, Sports and Tourism (or simply the Department of Culture and Sports).
2. A school for gifted students in sport and
physical activities of a local jurisdiction shall be established at the request
of the Director of the Department of Education and Training, and the Director
of the Department of Culture, Sports and Tourism (or the Department of Culture
and Sports); established under the establishment decision issued by the
President of the provincial-level People's Committee upon receipt of an
agreement from the Ministry of Education and Training, and the Ministry of
Culture, Sports and Tourism.
3. A school for gifted students in sport and
physical activities of a ministry or department shall be established according
to the procedure wherein a functional affiliation requests the Minister or the
Head of a Ministry-level authority to make a decision on approval of its
educational operations after receipt of an agreement from the Ministry of
Education and Training and the Ministry of Culture, Sports and Tourism.
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Article 55. Regulatory
eligibility requirements for establishment of public upper secondary school for
the gifted, and approval of establishment of private upper secondary school for
the gifted
1. It must ensure that the proposal for its
establishment is consistent with the local socio-economic development and
education network plan approved by the state regulatory authority.
2. The proposal for establishment of a school must
clearly define objectives, missions, curriculum framework and outline;
facilities, equipment, intended construction site and land coverage;
organization and personnel structure, financial and other resources; guidelines
and strategies for school construction and development for the purpose of
completion of objectives and missions as a school for the gifted.
Article 56. Procedures and
documentation requirements for establishment of public upper secondary school
for the gifted, and approval of establishment of private upper secondary school
for the gifted
1. Authority to decide to establish the school:
a) The President of the provincial-level People’s
Committee shall be accorded authority to issue the decision to establish a
provincially-governed public school for the gifted or to approve establishment
of a provincially-controlled private school for the gifted after considering
the request of the Director of the Department of Education and Training;
b) The President of the People’s Committee of the
province where the requesting school is based shall be accorded authority to
issue the decision to establish a public school for the gifted or to approve
establishment of a private school for the gifted which is affiliated to a
higher education institution upon the request of the Head of that higher
education institution.
2. Procedures and documentation requirements for
establishment or approval of establishment of a school for the gifted shall be
similar to those applied to secondary schools in accordance with regulations
laid down herein.
Article 57. Licensing
requirements for educational operations of an upper secondary school for the
gifted
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1. The school’s curriculum and syllabus must be
provided in accordance with applicable laws and regulations on schools for the
gifted.
2. The school must hire a staff of administrative
officers, teachers and employees that are adequate, meet qualification,
competency and conduct standards to be able to complete missions of a school
for the gifted.
Article 58. Procedures and documentation
requirements for educational operations of an upper secondary school for the
gifted
1. The Director of the Department of Education and
Training of a local jurisdiction where a school for the gifted is based shall
be accorded authority to license educational operations of the school for the
gifted.
2. Documentation requirements and processes for
grant of a license for educational operations of a school for the gifted shall
be similar to those applied to a secondary school as provided in Article 28
hereof.
Article 59. Merger, division,
split-up, dissolution or suspension of educational operations of an upper
secondary school for the gifted
Procedures and documentation requirements for
merger, division, split-up, dissolution or suspension of educational operations
of an upper secondary school for the gifted shall be similar to those applied
to secondary schools as prescribed by Article 29, 30 and 31 hereof.
Section 3. CENTER FOR INCLUSIVE
EDUCATION SUPPORT AND DEVELOPMENT
Article 60. Regulatory
eligibility requirements for establishment of a public center for inclusive
education support and development, and approval of establishment of a private
center for inclusive education support and development
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2. Establishment of the center shall correspond to
the local educational network development plan approved by the state regulatory
authority and match local demands for educational support for the disabled.
3. The requesting center must reserve a place used
as its main office or hold the decision on allocation or leasing of land for
center construction, issued by the regulatory authority; must be furnished with
initial necessary equipment; must have fund for its operations in accordance
with applicable laws and regulations.
4. The requesting center must recruit a staff of
administrative officers, teachers and employees that meet requirements
concerning the center’s operations.
Article 61. Procedures and
documentation requirements for establishment of a public center for inclusive
education support and development, and approval of establishment of a private
center for inclusive education support and development
1. The President of the provincial-level People’s
Committee shall be vested with authority to grant the decision on establishment
of a public center for inclusive education support and development, or approval
of establishment of a private center for inclusive education support and
development.
2. The application package shall be composed of the
followings:
a) The written request for establishment of a
center for inclusive education support and development;
b) The proposal for establishment of a center for
inclusive education support and development which is formulated in accordance
with applicable laws and regulations on establishment, re-organization and
dissolution of public service organizations;
c) The draft statutes of organization and operation
of the center for inclusive education support and development and other
relevant documents (e.g. documents related to land, fund and human resources).
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a) The requesting organization or individual sends
01 set of application documents referred to in Clause 2 of this Article,
whether directly or by post, to the Department of Home Affairs for its
evaluation;
b) Within the permissible duration of 15 business
days of receipt of all legally required application documents, the Department
of Home Affairs conducts or collaborates with relevant authorities in carrying
out evaluation. Subject matters of the evaluation shall include necessity and
legal bases for establishment of the center, objectives, scope, target
students, name, legal status, functions, missions and powers, organizational
structure and financial mechanism of the center; conditions necessary for the
center’s normal operations; feasibility of the project for establishment of the
center; draft statutes of organization and operation of the center;
c) If there exist any ambiguous or contentious
issues, the Department of Home Affairs will request the organization or
individual applying for establishment of the center to provide the written
explanation that helps clarify such issues and report to the Department of Home
Affairs;
d) Within the permissible duration of 20 business
days of receipt of the written document on evaluation from the Department of
Home Affairs, the President of provincial-level People’s Committee shall issue
a decision on establishment or approval of establishment of the center; in case
of refusal to issue that decision, a written notification in which reasons for
refusal should be clearly specified shall be sent to the requesting
organization or individual.
Article 62. Licensing
requirements for educational operations of the center for inclusive education
support and development
1. The requesting center has obtained the decision
on establishment or the decision on approval of establishment, issued by the
President of provincial-level People’s Committee.
2. The requesting center has owned its facilities,
equipment, accessories and amenities which are custom-made to meet the needs of
the disabled, including:
a) Offices of administrative officers, teachers and
employees of the center;
b) Classrooms and functional rooms which are
suitably designed to meet the demands for the center’s operations;
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d) Equipment, devices or instruments used for
assessment, intervention, teaching, career counseling and vocational education
purposes;
dd) Specialized or auxiliary materials that help
the center operate in a normal manner.
3. The center’s staff of administrative officers,
teachers and employees providing necessary educational services must obtain
qualifications relevant to the approaches to education of students with
disabilities. Employees providing educational supports must be
trained in education of students with disabilities in accordance with
applicable laws and regulations.
4. Contents of the educational program, teaching
and advisory materials must fit into the modalities of education of students
with disabilities, including:
a) Contents of the educational program and
materials relating to education of personal care for the disabled students
relative to their disability type;
b) Contents of the educational program and teaching
materials relating to education of personal care for the disabled students
relative to their disability type;
c) Advisory materials relating to selection of the
modalities of education that match the disability type and degree of specific
disabled students.
Article 63. Licensing
requirements for educational operations of the center for inclusive education
support and development
1. The Director of the Department of Education and
Training shall be vested with authority to license educational operations of
the center for inclusive education support and development.
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a) The written request for approval of educational
operation of the center in which a requirement that the center's operations
relative to the center's stated missions must be specified;
b) Certified duplicate copy of the establishment
decision or the decision on approval of establishment of the center.
3. Implementation procedures:
a) The requesting center sends 01 set of
application documents referred to in Clause 2 of this Article, whether directly
or by post, to the Department of Education and Training;
b) The Subdepartment of Education and Training
shall handle submitted application documents. Within the duration of 15
business days of receipt of the valid submitted documentation, the
Subdepartment of Education and Training carries out evaluation. If the
submitted documentation fails to meet regulations, the submitted documentation
shall be returned and the center shall be requested in writing to make any
necessary revision or modification of its submitted application documentation.
c) Within the maximum duration of 25 business days
of receipt of all valid application documents, the Department of Education and
Training shall be responsible for carrying out evaluation of eligibility
requirements for educational operations of the center and issuing the decision
on approval of educational operations of the center. In case of refusal to
grant that decision, a written notice must be sent to the requesting center,
give clear reasons for such refusal and recommended solutions.
Article 64. Re-organization
and approval of re-organization of the center for inclusive education support
and development
1. Re-organization of the center for inclusive
education support and development shall be allowed or approved when the
following requirements are met:
a) There is a need for revision or modification of
the center’s functions, missions or powers;
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c) Re-organization of the center shall aim at
improving the quality and effectiveness of operations of the center for
inclusive education support and development.
2. The President of the provincial-level People’s
Committee shall be vested with authority to grant the decision on
re-organization or approval of re-organization of a center for inclusive education
support and development.
3. The request documentation shall be composed of
the followings:
a) The written evidence of necessity and legal
bases for re-organization of the center;
b) The plan to deal with issues regarding
personnel, organizational structure, finance, assets, land and other related
issues;
c) Written documents of competent authorities on
confirmation of finance, assets, land, loans, liabilities and other related
issues (if any);
d) Regulations on responsibilities assumed by the
center’s head and other relevant persons relating to execution of the plan for
re-organization and dissolution of the center for inclusive education support
and development, and execution duration.
4. Procedures for re-organization or approval of
re-organization of the center for inclusive education support and development
shall be the same as those applied to establishment of the center as prescribed
by Article 61 hereof.
Article 65. Suspension of
educational operations of the center for inclusive education support and
development
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a) The center fails to meet any requirements
specified in Article 62 hereof;
b) The center has committed any fraudulent act in
order to obtain a license for its educational operations;
c) The license for the center’s educational
operations has been granted ultra vires;
d) Its educational activities have not been carried
out within the duration of 01 year from the licensing date;
dd) The center has committed any offence against
laws and regulations to the extent that it is subject to suspension imposed as
an administrative penalty;
e) Any other violation is committed as prescribed by
applicable laws and regulations.
2. The Director of the Department of Education and
Training shall issue the decision on suspension of educational operations of
the center for inclusive education support and development.
3. Implementation procedures:
a) The Director of the Department of Education and
Training establishes the inspection team, carries out inspection and makes an
assessment report on reality of the center;
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c) Upon expiration of the duration of suspension,
if the defaulting center has succeeded in mitigating causes resulting in such
suspension, the Director of the Department of Education and Training shall
issue a decision on permission for restoration of the center’s educational
operations which must be made known to the public through mass media. In case
of refusal to grant that decision, a written notice must be sent to the
requesting center, give clear reasons for such refusal and recommended
solutions;
d) Documents submitted to apply for restoration of
educational operations shall be composed of the followings:
- The request form for permission for restoration
of educational operations;
- The decision on establishment of the inspection
team;
- The inspection report.
dd) Processes for grant of permission for
restoration of educational operations of the center shall be subject to Clause
3 Article 63 hereof;
e) Upon expiration of the duration of suspension,
unless the defaulting center has succeeded in mitigating causes resulting in
such suspension, the Director of the Department of Education and Training
shall, based on realistic conditions, issue the second decision on suspension
of the center’s educational operations of which the duration is restricted to
12 months. Upon expiration of the duration of the second decision on
suspension, unless the defaulting center has succeeded in mitigating causes
resulting in such suspension, the Director of the Department of Education and
Training shall request in writing the President of the provincial-level
People’s Committee to issue the decision on dissolution of the center for
inclusive education support and development.
Article 66. Dissolution of the
center for inclusive education support and development
1. The center for inclusive education support and
development shall be subject to dissolution when one of the following
situations occurs:
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b) The center has not fulfilled its missions or has
operated in an inefficient manner for last 3 years according to the evaluation
conducted by the competent person having authority to establish or approve
establishment of the center;
c) The center has committed serious violations
against applicable laws and regulations on organization or operation of a center
for inclusive education support and development;
d) Upon expiration of the duration of suspension of
educational operations specified in the suspension decision, causes for such
suspension have not been corrected yet;
dd) The center is dissolved at the request of the
founding organization or individual, or in conformity with the requirement
concerning organizational arrangement of the center for inclusive education
support and development in order to ensure that the center’s operations
correspond to the plan for development of network of centers for inclusive
education support and development which has been approved by the respective
competent authority.
2. The President of the provincial-level People’s
Committee shall be vested with authority to issue the decision on dissolution
of the center for inclusive education support and development.
3. The request documentation shall be composed of
the followings:
a) The request form for dissolution of the center
for inclusive education support and development;
b) The proposal for dissolution of the center for
inclusive education support and development;
c) Written documents of competent authorities on
confirmation of discharge of obligations regarding finance, assets, land,
loans, liabilities and other related issues (if any).
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Section 4. BOARDING GENERAL
EDUCATION SCHOOL FOR MINORITIES
Article 67. Eligibility
requirements for establishment of a boarding general education school for
minorities
1. It must ensure that the proposal for its
establishment is consistent with the local socio-economic development and
education network plan approved by the state regulatory authority.
2. The proposal for establishment of a boarding
general education school for minorities must clearly define objectives, missions,
curriculum or syllabus; facilities, equipment, intended construction site and
land coverage; organization and personnel structure, financial and other
resources; guidelines and strategies for school construction and
development.
Article 68. Procedures for
establishment of boarding general education school for minorities
1. The President of the provincial-level People’s
Committee shall be vested with authority to issue the decision on establishment
of the provincial- and district-level boarding general education school for
minorities.
2. Documentation requirements for establishment of
a boarding general education school for minorities shall be the same as those
applied to a lower, upper secondary school and multi-level general education
school as prescribed by Clause 2 Article 26 hereof.
3. Processes for establishment of a boarding
general education school for minorities:
a) The Department of Education and Training takes
charge of formulating and collaborate with relevant authorities in evaluation
of, the proposal for establishment of the school as prescribed by Article 67
hereof and sends the application documents to the President of the
provincial-level People’s Committee to seek his/her decision on establishment
of the school;
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Article 69. Licensing
requirements for educational operations of a boarding general education school
for minorities
1. The requesting school has obtained the decision
on establishment of the school, issued by the President of the provincial-level
People’s Committee.
2. The requesting school must prepare land,
facilities and equipment available for use at respective educational levels in
accordance with this Decree and ensure conformance to criteria set out for a
nationally accredited school, and must additionally provide:
a) The boarding building that has capacity of at
least 06 m2/student;
b) Student's boarding rooms, canteens and other
associated equipment;
c) Accommodations for teachers on duty;
d) Minority cultural activity and education halls
associated with other equipment;
dd) Classrooms and equipment used for career
education, education of general and traditional trades of minorities, depending
on particular characteristics of each locality.
3. The requesting school must be located at an area
that helps provide a good and safe educational environment for students,
teachers, administrative officers and employees.
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5. The requesting school must employ a staff of
teachers and administrative officers that satisfy stipulated moral standards
and gain educational qualifications relative to specific educational levels,
and are adequate according to the classification structure of teachers and meet
stipulated requirements regarding provision of educational programs and
organization of educational activities.
6. The requesting school must maintain a sufficient
amount of financial resources as required by laws in order to ensure continued
operation and development of its educational activities.
7. The requesting school must adopt the statutes of
its organization and operations.
Article 70. Procedures and
documentation requirements for a license for educational operations of a
boarding general education school for minorities
1. The Director of the Department of Education and
Training shall be vested with authority to issue the decision to license
educational operations of the provincial- and district-level boarding general
education school for minorities (including the school providing the upper
secondary education program). The Head of the Subdepartment of Education and
Training shall be vested with authority to issue the decision to license
educational operations of the district-level boarding general education school
for minorities (including the school providing the lower secondary education
program).
2. Documentation requirements for a license for
educational operations of a boarding general education school for minorities
shall be similar to those applied to a secondary school as provided in Clause 2
Article 28 hereof.
3. Implementation procedures:
a) The requesting school sends 01 set of
application documents stipulated by Clause 2 of this Article, whether directly
or by post, to the competent person referred to in Clause 1 of this Article;
b) The competent person referred to in Clause 1 of
this Article handles the submitted application documents and checks licensing
requirements for educational operations in the same manner as applied to a
secondary school in accordance with Article 27 hereof. Within the permitted
duration of 05 business days of receipt of such documentation, if the submitted
set of documents has been found illicit, a written notification of contents
that require correction or modification must be sent to the requesting school;
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Article 71. Merger, division,
split-up, dissolution or suspension of educational operations of a boarding
general education school for minorities
1. The competent person vested with authority to
grant the decision on establishment of the boarding general education school
for minorities shall have authority to issue the decision on merger, division,
split-up or dissolution of the school.
2. The competent person having authority to license
operational operations of the boarding general education school for minorities
shall be accorded authority to issue a decision on suspension of educational
operations of the school.
3. Procedures and documentation requirements for merger,
division, split-up, dissolution or suspension of educational operations of a
boarding general education school for minorities shall be similar to those
applied to a secondary school as prescribed by Article 29, 30 and 31 hereof.
Section 5. SEMI-BOARDING GENERAL
EDUCATION SCHOOL FOR MINORITIES
Article 72. Eligibility
requirements for establishment of a semi-boarding general education school for
minorities
1. The requesting school’s proposal must correspond
to the socio-economic development and local educational network plan approved
by the state regulatory authority.
2. The proposal for establishment of a
semi-boarding general education school for minorities must clearly define
objectives, missions, curriculum or syllabus; facilities, equipment, intended
construction site and land coverage; organization and personnel structure,
financial and other resources; guidelines and strategies for school
construction and development. The requesting school must,
based on its directions for school construction and development, ensure stable
percentage of minority students and semi-boarders under the guidelines of the
Ministry of Education and Training.
Article 73. Procedures and
documentation requirements for establishment of a semi-boarding general
education school for minorities
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2. The request documentation shall be composed of
the followings:
a) The request form for establishment of a
semi-boarding general education school for minorities;
b) The proposal for establishment of the school as
provided for by Article 72 hereof.
3. Implementation procedures:
a) The commune-level People’s Committee (in case of
establishment of a new semi-boarding general education school for minorities),
or the requesting school (in case of a semi-boarding general education school
for minorities that is established from another general education school),
sends 01 set of application documents prescribed by Clause 2 of this Article,
whether directly or by post, to the Subdepartment of Education and Training;
b) The Subdepartment of Education and Training
handles the submitted documentation, conducts and collaborates with relevant
authorities in carrying out evaluation of subject matters of the proposal for
establishment of the school; requests the President of the district-level
People’s Committee to consider issuing the decision on establishment of the semi-boarding
general education school for minorities;
c) Within the permissible duration of 45 business
days of receipt of all legally required documents, the President of the
district-level People’s Committee issues his/her decision. In case of refusal
to grant approval of educational operations, a written notice must be sent to
the Subdepartment of Education and Training, give clear reasons for such
refusal and provide any possible solution.
Article 74. Licensing
requirements for educational operations of a semi-boarding general education
school for minorities
1. The requesting school has obtained the decision
on establishment of the school, issued by the President of the district-level
People’s Committee.
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a) Facilities that have capacity of 2 shifts/day;
b) Facilities used for management, care and
nurturing of semi-boarders, e.g. offices for student’s contact during their
stay at the school, boarding accommodations, kitchens, canteens, bathrooms,
facilities for sanitation, clean water supply and other associated equipment;
c) Instruments and devices used for minority
cultural, sports, physical training, entertainment and recreational activities
of students.
3. The requesting school must be located within a
safe and convenient environment for students, teachers, administrative officers
and employees.
4. The school’s curriculum and syllabus must be
provided in accordance with applicable laws provided they match the teaching
and learning demands at respective educational levels.
5. The requesting school must employ an adequate
staff of administrative officers, teachers and employees that are structured in
a proper manner and meet stipulated standards for provision of educational
program of a semi-boarding general education school for minorities.
6. The requesting school must maintain a sufficient
amount of financial resources as required by laws in order to ensure continued
operation and development of its educational activities.
7. The requesting school must adopt the statutes of
its organization and operations.
Article 75. Procedures and
documentation requirements for educational operations of a semi-boarding
general education school for minorities
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2. The request form for the license to carry out
educational operations.
3. Implementation procedures:
a) The requesting school sends the request form for
the license to carry out its educational operations to the Subdepartment of Education
and Training for its consideration and issuance of its decision;
b) The Subdepartment of Education and Training
checks licensing requirements for its educational operations as prescribed by
Article 74 hereof. Within the permissible duration of 20 business days of
receipt of all valid application documents, the competent person referred to in
Clause 1 of this Article grants the decision to license educational operations
of the requesting school. In case of refusal to grant that decision, a written notice
must be sent to the requesting school, give clear reasons for such refusal and
provide any possible solution.
Article 76. Suspension of
educational operations of a semi-boarding general education school for
minorities
1. The semi-boarding general education school for
minorities that fails to meet one of the requirements set out in Article 74
hereof shall be subject to suspension of its educational operations.
2. The semi-boarding general education school for
minorities that has not enrolled a stipulated percentage of minority students
and semi-boarder over last 3 years shall be changed to a public general
education school.
3. Implementation procedures:
a) The semi-boarding general education school for
minorities sends the request form for approval of such change to the
Subdepartment of Education and Training. The request form must specify the plan
for use of the school’s facilities and policies applied to students, teachers,
administrative officers and employees upon completion of the change;
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Article 77. Merger, division,
split-up, dissolution or suspension of educational operations of a
semi-boarding general education school for minorities
1. The competent person vested with authority to
grant the decision on establishment of the semi-boarding general education
school for minorities shall have authority to issue the decision on merger,
division, split-up or dissolution of the school.
2. The competent person having authority to license
operational operations of the semi-boarding general education school for
minorities shall be accorded authority to issue a decision on suspension of
educational operations of the school.
3. Procedures and documentation requirements for
merger, division, split-up, dissolution or suspension of educational operations
of a semi-boarding general education school for minorities shall be similar to
those applied to a secondary school as prescribed by Article 29, 30 and
31 hereof.
Chapter VI
POSTSECONDARY-,
COLLEGE-LEVEL PEDAGOGY SCHOOL; HIGHER EDUCATION INSTITUTION
Section 1. POSTSECONDARY-,
COLLEGE-LEVEL PEDAGOGY SCHOOL
Article 78. Regulatory
eligibility requirements for establishment of public postsecondary- and
college-level pedagogy school, or approval of establishment of private postsecondary-
and college-level pedagogy school
1. The requesting school must ensure that the
proposal for its establishment is consistent with the plan for network of pedagogy
schools approved by the state regulatory authority. Contents of the proposal
for establishment of the school must specify necessity for establishment of the
school, assessment of conformance of its establishment to the plan for network
of vocational education institutions; name of the school; functions, missions,
organizational and management structure; training disciplines and scale;
training objectives, curriculum and syllabus; financial resources; land
coverage; proposed facilities, personnel number and structure of a staff of
tenured lecturers and administrative officers that meets quality and
qualification standards stipulated by applicable regulations adopted by the
Ministry of Education and Training, and aligns with the schedule of registration
of training disciplines and enrolment; the plan for construction and
development of the school over specific periods of time; duration and progress
of execution of the school investment project; socio-economic effectiveness.
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3. The postsecondary- and college-level pedagogy
school must respectively reserve at least 02 and 05 hectares of land used for
construction of its head office; the requesting school must provide facilities
and equipment that satisfy operational requirements of the school. The project
for construction of the requesting school must be located within a safe and
convenient environment for the school’s students, teachers, administrative
officers and employees.
4. The fund for construction of the school must be
derived from legal capital sources, exclusive of land value, and must be at
least VND 50 and 100 billion for the postsecondary- and college-level pedagogy
school, respectively. The estimate of the fund for the project for
construction of a public school must be approved by the host entity of that
school and clearly define which fund is used for execution of that construction
project according to the specified plan, investment capital expressed in cash,
assets that are made available for investment purposes and legitimacy of which
is proved.
Article 79. Procedures and
documentation requirements for establishment of public postsecondary- and
college-level pedagogy school, or approval of establishment of private
postsecondary- and college-level pedagogy school
1. The Minister of Education and Training shall be
vested with authority to issue the decision on establishment of a public
college-level pedagogy school or approval of establishment of a private
college-level pedagogy school; the President of the provincial-level People's
Committee shall be vested with authority to issue the decision on establishment
of a public postsecondary-level pedagogy school or approval of establishment of
a private postsecondary-level pedagogy school within his/her local
jurisdiction.
2. The application documentation shall be composed
of the followings:
a) The application form for establishment of a
public school, submitted by the host entity of that school; the application
form for approval of establishment of a private school, submitted by the requesting
organization or individual. The application form must specify reasons for
application for establishment or approval of establishment of the school; the
school’s Vietnamese and English name; addresses of main office and training
locations; the school’s functions and missions; trades, occupations, training
scale and qualifications;
b) The written consent of the People’s Committee of
the province where the school is based;
c) The proposal for establishment of the school
that describes its conformance to all regulatory eligibility requirements as
provided for by Article 78 hereof;
d) The draft general floor plan and preliminary
design of architectural facilities which must ensure consistency with training
disciplines, educational scale and qualifications as well as standards of
usable area and construction area for teaching and learning purposes;
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e) With respect to the application for establishment
of a public school, the decision on approval of the school construction project
which clearly defines the funding source for execution of the project according
to the plan for school investment and construction must be included; with
respect to the application for approval of establishment of a private school,
the bank’s written confirmation of total balance of contributed capital in the
project management board’s account, evidences of the right of ownership of
assets and the written document on valuation of assets provided as capital
contribution, if such capital contribution is made by offering assets or the
right of ownership of assets;
g) With respect to a private school, the following
additional documents must be provided:
- Statement on recommendation of the representative
who is the bearer of the application for establishment of the school by capital
contributors.
- List of brief résumés of the school's founding
members.
- List, form and written record of capital
contributions made by stakeholders that undertake to contribute their capital
to establish the school.
- Recommended Chair and Management Board of the
school.
3. Implementation procedures:
a) Receive the application package for
establishment or approval of establishment of the requesting postsecondary-,
college-level pedagogy school.
- The requesting entity, organization or individual
sends 01 set of application documents referred to in Clause 2 of this Article,
whether directly or by post, to the Ministry of Education and Training (in case
of application for establishment of a college-level pedagogy school), or the
Department of Education and Training (in case of application for establishment
of an postsecondary-level pedagogy school).
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Within the permissible duration of 05 business days
of receipt of the application documentation, the Ministry of Education and
Training or the Department of Education and Training sends the received
application documentation to its evaluation council if it is established that
that application documentation is valid, or sends a written response to the
entity, organization or individual applying for establishment or approval of
establishment of the school which clearly specifies reasons for rejection, if
it is established that the application documentation is invalid.
b) Evaluate the application documentation for
establishment or approval of establishment of the requesting postsecondary-,
college-level pedagogy school:
- The evaluation council conducts evaluation of the
application documentation for establishment or approval of establishment of the
requesting postsecondary-, college-level pedagogy school.
- The Minister of Education and Training grants the
decision on establishment of the council on evaluation of the application
documentation for establishment of a college-level pedagogy school and issues
the statutes of organization and operation of that evaluation council. The
evaluation council shall be chaired by the leader of the Ministry of Education
and Training or the authorized person and joined as members who are
representatives of ministries and state authorities such as the Ministry of
Planning and Investment, the Ministry of Finance, the Ministry of Home Affairs,
the provincial-level People’s Committee of the local jurisdiction where the
college-level pedagogy school is based and representatives of certain
specialized divisions of the Ministry of Education and Training.
The President of the provincial-level People’s
Committee grants the decision on establishment of the council on evaluation of
the application documentation for establishment of a postsecondary-level
pedagogy school and issues the statutes of organization and operation of that
evaluation council. The evaluation council shall be chaired by the leader of
the provincial-level People’s Committee or the authorized person, and joined as
members who are representatives of subsidiary departments of the
provincial-level People’s Committee such as the Department of Education and
Training, the Department of Planning and Investment, the Department of Finance,
the Department of Home Affairs and other relevant authorities.
- Within the permissible duration of 05 business
days of receipt of the application documentation for school establishment from
the Ministry of Education and Training or the Department of Education and
Training, the evaluation council conducts evaluation of that application
documentation;
- Based on the evaluation results achieved from the
evaluation council (disclosed in the evaluation meeting), the entity,
organization or individual applying for establishment or approval of
establishment of the school prepares their complete application package for
submission to the Ministry of Education and Training or the Department of
Education and Training.
Within the permissible duration of 05 business days
after the evaluation date, where the evaluation council determines that the
submitted application package has not conformed to regulatory requirements, the
Ministry of Education and Training or the Department of Education and Training
sends a written response to the requesting entity, organization or individual
in which reasons for determination of their failure to conform to such
requirements should be clearly defined.
c) Issue a decision on establishment or approval of
establishment of the requesting postsecondary- or college-level pedagogy school
as follows:
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The decision on establishment of a public
postsecondary-level pedagogy school, or approval of establishment of a private
postsecondary-level pedagogy school must be sent to the Ministry of Education
and Training. The decision on establishment of a public college-level pedagogy
school, or approval of establishment of a private college-level pedagogy school
must be sent to the provincial-level People’s Committee of the local
jurisdiction where the requesting school is based.
Article 80. Regulatory
eligibility requirements for the certification of registration of vocational
education practice awarded to the requesting school to provide training in a
range of disciplines for postsecondary- or college-level teachers
1. The requesting school must obtain the decision
on establishment or the decision on approval of establishment of the school.
2. The project for construction of the requesting
school must be located within a safe and convenient environment for the
school’s students, teachers, administrative officers and employees.
3. The school must own school head office,
facilities and equipment that meet regulatory requirements concerning
educational operations specified in the proposal for school establishment under
its prior commitments. Specifically, the minimum construction floor area is 5.5
and 7.5 m2/student with respect to the postsecondary- and
college-level pedagogy school, respectively.
4. The requesting school must ensure that its
training curriculum, syllabus, teaching and learning materials conform to
vocational education requirements and are appropriate for provision of training
in a range of postsecondary- and college-level pedagogical disciplines under
the instructions of the Ministry of Education and Training.
5. The requesting school's staff of administrative
officers and teachers must meet stipulated educational standards, be adequate,
be organized according to the personnel structure consistent with the
procedures for registration of training disciplines or occupations and
enrolment in accordance with regulations adopted by the Ministry of Education
and Training.
6. The requesting school must maintain a sufficient
amount of financial resources as required by laws in order to ensure continued
operation and development of its educational activities.
7. The school must adopt its statutes of
organization and operations.
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1. The Director of the Department of Education and
Training shall be vested with authority to award the certificate of
registration of vocational education practice to the requesting school to
provide training in a range of disciplines for postsecondary-level teachers.
The Minister of Education and Training shall be
vested with authority to award the certificate of registration of vocational
education practice to the requesting school to provide training in a range of
disciplines for college-level teachers.
2. The application documentation shall be composed
of the followings:
a) The application form for award of the
certificate of registration of vocational education practice to provide
training in a range of disciplines for teachers;
b) The certified duplicate copy of the
establishment decision or the decision on approval of establishment of the
school;
c) The review report on fulfillment of commitments
specified in the proposal for school establishment;
d) The interpretation of conditions for training
quality assurance:
- The list of particulars of tenured teachers and
administrative officers, verified by the Department of Education and Training;
- Land, facilities and equipment meeting
requirements of training activities as agreed upon in its commitments;
inventory of all facilities used for training activities in the school, quantity
and area of lecture halls, libraries, laboratory rooms, devices, teaching and
reference materials, books used in educational activities, all of which are
verified by the Department of Education and Training;
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- Proposed student intake and enrolment plan;
- The school’s curriculum, syllabus, teaching and
learning materials required by regulations.
dd) Statutes and rules of school organization and
operation.
3. Implementation procedures:
a) The requesting school sends 01 set of
application documents referred to in Clause 2 of this Article, whether directly
or by post, to the Department of Education and Training in the province where
it is based in order for it to consider making the decision to award such
certificate for the school’s postsecondary-level education program, or to the
Ministry of Education and Training in order for it to consider making the
decision to award such certificate for the school’s college-level education
program;
b) Within the permitted duration of 05 business
days of receipt of these application documents, if the submitted set of
documents has been found illicit, the receiving entity must send a written
notification of contents that require the requesting school’s modification or
revision;
c) Within the permissible duration of 10 business
days of the valid application documents, if all regulatory eligibility requirements
have been met, the competent person will grant such certificate for the
postsecondary- or college-level vocational education program in which allowed
training disciplines must be specified. In case of refusal to grant such
certificate, a written notice in which reasons for such refusal are clearly
defined must be sent.
4. If the postsecondary- and college-level pedagogy
school that has been awarded the certificate of registration of vocational
education practice wishes to apply for an addition of any vocational education
activity to its existing registration for provision of training in a range of
disciplines for postsecondary- and college-level teachers, it must submit a set
of application documents including the request form for an addition of vocational
education activity in which the training discipline that requires such addition
must be specified; the statement of the requesting school’s conformity to
eligibility requirements for such addition where appropriate for specific
training disciplines, enclosing respective evidencing documents.
Application for additional registration of
vocational education practice shall be carried out according to the procedures
prescribed by Clause 3 of this Article.
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1. Merger, division or split-up of a
postsecondary-level pedagogy school or a college-level pedagogy school shall
conform to the following requirements:
a) Such action must align with the plan for network
of pedagogy schools and match the local socio-economic development demands;
b) Such action must help assure rights and benefits
of students, teachers, administrative officers and employees; contribute to
improving the quality and effectiveness of vocational education activities and
the quality of pedagogical training;
c) The postsecondary- and college-level pedagogy
school that is newly established during the merger, division or split-up
procedures must meet statutory requirements specified in Article 78 hereof.
2. The competent person vested with authority to
issue the decision on establishment or approval of establishment of the
postsecondary- and college-level pedagogy school shall have the authority to
issue the decision on merger, division or split-up or approval of merger,
division or split-up of that postsecondary- and college-level pedagogy school.
3. Procedures for merger, division or split-up of a
postsecondary- and college-level pedagogy school shall be the same as the
procedures for establishment of postsecondary- and college-level pedagogy
school, referred to in Article 79 hereof.
Article 83. Suspension of
provision of training in a range of disciplines for postsecondary- and
college-level teachers
1. The competent person having authority to grant
the certificate of registration of vocational education practice for provision
of training in a range of disciplines for postsecondary- and college-level
teachers shall be vested with authority to suspend provision of vocational
education program.
2. Provision of training in a range of disciplines
for postsecondary- or college-level teachers shall be suspended when the
following situations occur:
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b) The school has not conformed to one of the
regulatory eligibility requirements for registration of vocational education
practice for provision of training in a range of disciplines for teachers as
prescribed herein;
c) The school has provided training in a range of
disciplines for teachers when it has yet to obtain the certificate of
registration of vocational education practice;
d) The school has committed violations against laws
on education to the extent that it is subject to suspension of its educational
operations imposed as an administrative penalty;
dd) As otherwise prescribed by laws and
regulations.
3. Implementation procedures:
a) The competent person having authority to award
the certificate of registration of vocational education practice for provision of
training in a range of disciplines for postsecondary- or college-level teachers
establishes the inspection team, carries out inspection activities and makes a
report on field inspection of the school subject to suspension;
b) Based on the inspection results, the competent
person having authority to grant the certificate of registration of vocational
education practice for provision of training in a range of disciplines for
postsecondary- and college-level teachers makes a decision to suspend such
provision of training.
The suspension decision must specify reasons for
such suspension, duration of suspension, approaches to assuring legal rights
and benefits of the school’s students, teachers, administrative officers and
employees and must be made known to the public through mass media.
4. Upon expiration of the duration of suspension,
if the defaulting school has succeeded in mitigating causes resulting in such
suspension, the competent person vested authority to grant the suspension
decision shall issue a decision on permission for restoration of the school’s
operations which must be made known to the public through mass media. In case
of refusal to grant permission for restoration of educational operations, a
written notice must be sent to the school, give clear reasons for such refusal
and provide any possible solution.
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a) The request form for permission for restoration
of the school’s educational operations;
b) The decision on establishment of the inspection
team;
c) The inspection report.
6. Grant of permission for restoration of
vocational education practice of the school shall be carried out according to
the process prescribed by Clause 3 Article 81 hereof.
Article 84. Revocation of the
certificate of registration of vocational education practice for provision of
training in a range of disciplines for postsecondary- or college-level teachers
1. The certificate of registration of vocational
education practice for provision of training in a range of disciplines for
teachers when one of the following situations occurs:
a) The school has committed any fraudulent act in
order to obtain the certificate of registration of vocational education
practice for provision of training in a range of disciplines for teachers;
b) The school has committed a serious violation
against applicable regulations on organization and operation of vocational
education activities;
c) The school has committed violations against laws
on vocational education to the extent that it is subject to revocation of its
certificate imposed as an administrative penalty;
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dd) As otherwise prescribed by laws and
regulations.
2. The competent person having authority to grant
the certificate of registration of vocational education practice for provision
of training in a range of disciplines for teachers, as prescribed by Clause 1
Article 81 hereof, shall be vested with authority to issue the decision on
suspension of provision of vocational education program according to the
following processes and procedures:
a) Inspect and evaluate the severity of violation,
determine reasons for revocation of the certificate of registration of
vocational education program;
b) Within the permissible duration of 10 business
days of receipt of the results achieved from inspection and evaluation of the
severity of violation and reasons for revocation, the competent person having
authority to grant the certificate of registration of vocational education
practice for provision of training in a range of disciplines for teachers, as
prescribed by Clause 1 Article 81 hereof, shall issue the decision on
revocation of that certificate, notify this to the relevant authority for its
collaboration in implementation of this decision, disclose the decision through
websites of the decision-making authority;
c) Within the permissible duration of 05 business
days of receipt of the revocation decision, the school shall be obliged to give
back the certificate to the decision-making authority and concurrently
terminate its registered vocational education program promptly after the
revocation decision enters into force.
Article 85. Dissolution of a
postsecondary-, college-level pedagogy school
1. The postsecondary-, college-level pedagogy
school shall be dissolved when one of the following situations occurs:
a) The school has committed any violation against
laws which leads to serious consequence;
b) Upon expiration of the duration of suspension of
vocational education practice for provision of training in a range of
disciplines for teachers, causes for such suspension have not yet been
corrected;
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d) The school has yet to provide the registered
vocational education program for 3 years after the date of grant of the
certificate;
dd) The school is dissolved upon the request of the
organization or individual as the founder of the school.
2. The competent person vested with authority to
issue the decision on establishment or approval of establishment of the school
shall have the authority to issue the decision on dissolution or approval of
dissolution.
3. The request for dissolution shall be composed of
the following documents such as the written request form of the school for
dissolution which specifies reasons for dissolution, approaches to dealing with
issues relating to legitimate rights and benefits of students, teachers,
administrative officers and employees (the organization or individual requests
dissolution).
4. Implementation procedures:
a) The competent person vested with authority to
issue the decision on establishment or approval of establishment of the school
conducts field inspection of the school;
b) Based on the inspection results, the competent
person issues the decision on dissolution of the school. The dissolution
decision must clearly specify reasons for such dissolution, provide approaches
to assuring legal rights and benefits of the school’s students, teachers, administrative
officers and employees and must be made known to the public through mass media;
c) The processing duration shall be 20 business
days after receipt of the written request.
Article 86. Conditions and
procedures for establishment or dissolution of a branch of a postsecondary-,
college-level pedagogy school
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Section 2. HIGHER EDUCATION
INSTITUTION
Article 87. Regulatory
eligibility requirements for establishment of a public higher education
institution, or approval of establishment of a private higher education institution
1. The requesting higher education institution must
ensure that the proposal for its establishment is consistent with the
socio-economic development and education network plan approved by the state regulatory
authority. The proposal for establishment of an institution must specify name,
training field, discipline and scale, objectives, curriculum and syllabus,
financial resource, land, facilities, lecturers, administrative officers,
functions, missions, organizational and management structure, scheme for
construction and development of the requesting institution over time periods,
duration and progress of execution of the project for construction and
development of the requesting institution and socio-economic efficiency. In
order to obtain permission for establishment of a public higher education
institution, the requesting institution must adhere to a commitment that it
will operate under the autonomous mechanism as a public service entity in
accordance with the Government's applicable laws and regulations.
Establishment of a non-public not-for-profit higher education institution
shall be preferred.
2. The requesting institution is required to obtain
the written approval of its establishment within a centrally-affiliated city or
province from the People’s Committee of the province where that institution is
based (except when the subsidiary institution of the provincial-level People's
Committee is established).
3. The requesting institution must reserve at least
05 hectares of land used for construction of its head office and provide an
average space of at least 25 m2/student as of the time the
institution’s training competency is stable after 10 years of its development;
must ensure that its facilities, equipment and staff of tenured lecturers
satisfy its operational requirements. The project for construction of the
requesting institution must be located within a safe environment for the
school’s students, teachers, administrative officers and employees.
4. There must be the project for construction of
the requesting institution approved by its host entity in which the funding
source for execution of that project in conformity with the stated plan must be
clearly defined in case of establishment of a public higher education
institution, and must ensure the minimum investment capital of VND 1,000
billion in case of establishment of a non-public higher education institution
(exclusive of the value of land used for construction of the requesting
institution). That amount of investment capital must be expressed in cash and
assets already made available for investment, certified in writing by the
competent authority, and at the date of evaluation carried out before grant of
permission for establishment of a non-public institution, more than a half of
such amount has been used.
5. The requesting institution must make a detailed
estimate of the number and structure of tenured lecturers and administrative
officers that meet the training quality and qualification standards prescribed
by applicable regulations adopted by the Ministry of Education and Training,
and suit the specified scheme in order to create new disciplines and carry out
enrolment as stated in the proposal for establishment of the requesting institution.
Article 88. Procedures and
documentation requirements for establishment of a public higher education
institution, or approval of establishment of a private higher education
institution
1. The Prime Minister shall have authority to issue
the decision on establishment of a public higher education institution, or
approval of establishment of a private higher education institution.
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a) Approve the policy on establishment or approval
of establishment of the requesting institution;
b) Issue the decision on establishment or approval
of establishment of the requesting institution.
3. Documentation submitted to apply for approval of
the policy on establishment or the policy on permission for establishment of a
higher education institution shall include the followings:
a) The application form for approval of the policy
on establishment of a public higher education institution, prepared by the host
institution, or for approval of the policy on permission for establishment of a
non-public higher education institution, prepared by the requesting
organization or individual;
b) The written consent of the provincial-level
People’s Committee to establishment of the requesting higher education
institution at its local jurisdiction. The written consent should specify
necessity and relevance of establishment of the requesting institution to the
local socio-economic development plan, policy on allocation or leasing of land
for construction of the requesting institution, land plot location and
possibility of the local authority’s cooperation in or provision of favorable
conditions for construction and development of the requesting institution, and
legal documents on land use rights (if any);
c) The proposal for establishment of the requesting
institution;
d) With respect to the application documentation
for establishment of a non-public higher education institution, in addition to documents
referred to in Point a, b and c of this Clause, the other documents provided
under the instructions of the Ministry of Education and Training are required,
including:
- The list of founding members;
- The statement on recommendation of the representative
who is the bearer of the application for establishment of the requesting
institution by capital contributors;
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- The list of stakeholders committed to
contributing their capital;
- The written agreement on capital contribution.
4. Application for approval of the policy on
establishment or the policy on permission for establishment of a higher
education institution shall be carried out according to the following
processes:
a) The organization or individual applying for approval
of the policy on establishment or the policy on permission for establishment of
a higher education institution sends 01 set of application documents prescribed
by Clause 3 of this Article, whether directly or by post, to the Ministry of
Education and Training;
b) The Ministry of Education and Training conducts
evaluation of the submitted documentation, makes a report, and requests the
Prime Minister to consider and approve the policy on establishment or
permission for establishment of the requesting institution;
c) Within the permissible duration of 45 business
days of receipt of the application documentation for establishment of the
requesting institution as required by applicable laws and regulations, the
Minister of Education and Training shall be responsible for sending the written
response to the results of processing of the application documentation
submitted by the organization or individual undertaking the project for
establishment of the requesting institution;
d) Within the duration of 03 years after the date
of entry into force of the Prime Minister’s approval of the policy on
establishment or permission for establishment of the requesting institution, if
the project developer has not presented the application documentation to the
Prime Minister for his decision on establishment or approval of establishment
of the requesting institution, the Minister of Education and Training shall be
responsible for reporting to the Prime Minister to request him to consider
granting the decision on cancellation of the written document on approval of
the policy on establishment or approval of establishment of the requesting
institution.
Where the written document on approval of the
policy on establishment or approval of establishment of the requesting institution
expires or is annulled, the Government shall take back the allocated land to
give it to another education institution and keep educational use of such land
remain unchanged, and deal with assets associated with land in accordance with
applicable laws and regulations.
5. The application documentation for the Prime
Minister’s decision on establishment or approval of establishment of the
requesting institution shall include:
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b) The certified duplicate copy of the investment
certificate in case of establishment of a non-public higher education
institution, issued by the provincial-level People’s Committee;
c) The legally valid document stating confirmation
of the land use right or the one issued by the regulatory authority having
power to allocate or lease land for a period of 50 years or more for the
purpose of construction of the requesting institution with the following issues
specified such as location, boundary line, address and area of the land plot
where the requesting institution is based;
d) The construction planning of the requesting
institution and general floor plan approved by the host entity in case of
establishment of a public higher education institution, or by the
provincial-level People's Committee in case of establishment of a non-public
higher education institution;
dd) The written document containing the detailed
report on the progress of execution of the project for establishment of the
requesting institution, prepared by the host entity (in case of establishment
of a public higher education institution) or by the Project Management Unit
together with the opinion received from the People’s Committee of the province
where the requesting institution will be based (in case of establishment of a
non-public higher education institution);
e) The statement of proposed fields or disciplines
of study, administrative officers and training scale;
g) The legally valid documents indicating
confirmation of the investor’s capital put under management of the Project
Management Unit, including:
- Interpretations on the competency in making fund
investments, the decision on fund investments and facility and engineering
conditions of the host entity (in case of establishment of a public higher
education institution);
- The bank’s written confirmation of available
amount of money in the custody of the project management unit, the legally
valid documents providing evidence of the right to own assets associated with
the written document indicating valuation of the contributed asset in case of
capital contribution made in the form of assets or asset ownership rights; the
evidencing documents relating to the amount of fund used for the purpose of
construction of the requesting school and purchase of equipment thereof
(attached confirmation by the competent financial institution of the amount of
fund that has been used for construction of the requesting school and
confirmation by the bank of the fund balance available in the account of the
project management unit).
6. The process for submission of application for
the Prime Minister’s decision on establishment or approval of establishment of
the requesting institution shall be prescribed as follows:
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b) Within the permitted duration of 15 business
days of receipt of these documents, if the submitted set of documents has been
found illicit, the Minister of Education and Training assumes responsibility
for sending a written notification to the project developer for any revision or
modification;
c) If these documents have been found conforming to
regulations laid down in Clause 5 of this Article within the duration of 60
business days, the Ministry of Education and Training shall take responsibility
for undertaking or cooperating with the relevant regulatory authority in
conducting evaluation of the submitted documentation and field evaluation in
order to give accurate judgements on various conditions and subject matters
specified in the project, preparing the complete documentation for submission
to the Ministry of Planning and Investment, the Ministry of Finance and
Ministry of Home Affairs to acquire their written opinions on the projects
satisfying requirements set out by laws and send any notice to the project
developer in case of failure to meet such requirements. The field
evaluation of the project shall be carried out by the Evaluation Board,
composed of the representative of the Ministry of Education and Training, the
Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry
of Finance and the People's Committee of the province where the requesting
institution is based. The Evaluation Board shall be established
under the decision made by the Minister of Education and Training and perform
the function of advising the Minister of Education and Training on the
feasibility of the project before submitting that project to the Prime Minister
for his consideration and grant of the decision;
d) Within the permissible duration of 30 business
days of receipt of all written opinions from relevant authorities or entities,
the Ministry of Education and Training consolidates all received opinions,
completes the project-related documentation and submits such documentation to
the Prime Minister;
dd) Upon expiration of the duration of 4 years
after the entry into force of the Prime Minister’s decision on establishment or
approval of establishment of the requesting institution, unless the requesting
institution meets licensing requirements for its educational operations, the
Minister of Education and Training shall assume responsibility for reporting to
the Prime Minister to apply for his decision on cancellation of the decision on
establishment or approval of establishment of the said institution, and the
Ministry of Education and Training shall send the People’s Committee of the
province where the requesting school is based a written notification of
recovery of the right to use land for construction of the requesting
institution within its jurisdiction.
Where the decision on establishment or approval of
establishment of the requesting institution expires, the Government shall take
back the allocated land in accordance with applicable laws on land and deal
with associated assets in accordance with applicable laws and regulations.
Article 89. Licensing
requirements for educational operations of a higher education institution
1. The requesting institution has received the
Prime Minister’s decision on establishment or approval of establishment.
2. The requesting school must prepare land,
facilities, equipment, student’s dormitory and physical training facilities
that meet regulatory operational requirements. The project for
construction of the requesting institution must be located within a safe
environment for its students, teachers, administrative officers and employees
as agreed upon in the proposal for establishment of the requesting institution.
3. The requesting institution’s curriculum,
syllabus, teaching and learning materials must obey applicable laws and
regulations.
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5. The requesting institution must maintain a
sufficient amount of financial resources as required by laws in order to ensure
its continued operation.
6. The requesting institution must adopt the
statutes of its organization and operations as well as its internal financial
rules.
Article 90. Procedures and
documentation requirements for educational operations of a higher education
institution
1. The Minister of Education and Training shall
have authority to license educational operations of a higher education
institution.
2. The application documentation for such license
shall be composed of the followings:
a) The request form for the license to carry out
educational operations;
b) The review report on fulfillment of commitments
specified in the proposal for establishment of a higher education institution;
c) The training program;
d) The interpretation of conditions for training
quality assurance:
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- The inventory of all facilities used for training
activities in the requesting institution, quantity and area of lecture halls,
libraries, laboratory rooms, devices, teaching and reference materials, books
used in educational activities, all of which are verified by the
provincial-level People’s Committee;
- The proposed student intake and enrolment plan.
3. Implementation procedures:
a) The requesting institution sends 01 set of
application documents referred to in Clause 2 of this Article, whether directly
or by post, to the Ministry of Education and Training;
b) The Ministry of Education and Training receives
and conducts the field evaluation determining whether licensing requirements
for educational operations of the requesting institution are satisfied;
c) Within the maximum duration of 30 business days
of receipt of all legally-required application documents, the Minister of
Education and Training grants the decision on approval of educational
operations of the requesting school. Where the submitted documents do not meet
regulations laid down in Clause 2 of this Article, within the duration of 30
business days, the Ministry of Education and Training send a notification of
the results of processing of the application documentation for a license to
carry out educational operations of the requesting institution.
Article 91. Regulatory
eligibility requirements for establishment of the branch of a public higher
education institution, or approval of establishment of the branch of a
non-public higher education institution
1. The requesting school’s proposal for its
establishment must align with the socio-economic development plan of the local
jurisdiction where the branch of a higher education institution will be based.
The proposal for establishment of the branch of a higher education institution
should specify necessity for establishment of a higher education institution’s
branch, legal bases for development of the construction project, guidelines and
strategies for construction and development of the branch over periods of time,
name, location, legal status, functions, missions of the proposed branch, and
approaches to execution of the construction project, e.g. the approach to
organization of the management and personnel mechanism, the solution to
construction of facilities, the financial solution, project execution steps,
preferred missions and attached evidences of eligibility requirements for
establishment of the proposed branch.
2. The requesting institution must receive the
written consent to establishment of the branch from the People’s Committee of
the province where the requesting institution is based.
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4. There must be the project for construction of
the requesting institution approved by its host entity in which the funding
source for execution of that project in conformity with the stated plan must be
clearly defined in case of establishment of the branch of a public higher
education institution, and must ensure the minimum investment capital of VND
250 billion in case of establishment of the branch of a non-public higher
education institution (exclusive of the value of land used for construction of
the proposed branch). That amount of investment capital must be expressed in
cash and assets already made available for investment, certified in writing by
the competent authority, and at the date of evaluation carried out before grant
of permission for establishment of the branch of a non-public institution, more
than VND 150 billion has been disbursed.
5. There must be a detailed estimate of the number
and structure of tenured lecturers and administrative officers that meet the
training quality and qualification standards prescribed by applicable
regulations adopted by the Ministry of Education and Training, and suit the
specified scheme in order to create new disciplines and carry out enrolment as
stated in the proposal for establishment of the proposed branch.
Article 92. Procedures and
documentation requirements for establishment of the branch of a public higher
education institution, or approval of establishment of the branch of a
non-public higher education institution
1. The Minister of Education and Training shall
have authority to issue the decision on establishment of the branch of a public
higher education institution, or approval of establishment of the branch of a
non-public higher education institution.
2. A higher education institution’s branch shall be
established according to the following dual-step process:
a) Approve the policy on establishment or approval of
establishment of the branch in case of:
- Establishment of a new branch;
- Establishment of the branch of a higher education
institution on the premises of existing higher education institutions.
b) Issue the decision on establishment or approval
of establishment of the branch.
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a) In case of establishment of a new branch:
- The application form for approval of the policy
on establishment of a branch, prepared by the host entity of a public higher
education institution, or for approval of the policy on permission for
establishment of a branch, prepared by the Chair of the Management Board of a
non-public higher education institution. The application form for approval of
the policy on establishment or the policy on permission for establishment of
the branch should describe the main contents relating to necessity, name, legal
status and objectives of its establishment, plan for construction and
development prepared over periods of time, functions, missions, organizational,
management and personnel mechanism, training disciplines and scale, financial
resources, land and facilities of the branch;
- The written consent from the provincial-level
People’s Committee to establishment of the branch. The written consent should
specify necessity and relevance of establishment of the branch to the local
socio-economic development plan, policy on allocation or leasing of land for
construction of the branch, land plot location and possibility of the local
authority’s cooperation in or provision of favorable conditions for
construction and development of the branch, and legally valid documents on land
use rights (if any);
- The proposal for establishment of the branch;
- With respect to a non-public higher education
institution, in addition to the written documents mentioned above, the
application documentation for establishment of the branch should additionally
include the investment commitment of the Management Board of the higher
education institution and attached evidences of financial capability of the
higher education institution, verified by the competent authority.
b) Establishment of the branch of a higher
education institution on the premises of an existing higher education
institution:
- The application form for approval of the policy
on establishment of a branch, prepared by the host entity of a public higher
education institution and the existing higher education institution, or for
approval of the policy on permission for establishment of a branch, prepared by
the Chair of the Management Board of a non-public higher education institution
and the existing higher education institution. The application form for
approval of the policy on establishment or the policy on permission for
establishment of the branch should describe the main contents relating to
necessity, name, legal status and objectives of its establishment, plan for
construction and development prepared over periods of time, functions,
missions, organizational, management and personnel mechanism, training
disciplines and scale, financial resources, land and facilities of the branch;
- The written consent to establishment of the
branch from the People’s Committee of the province where the branch is based.
4. Application for approval of the policy on
establishment or the policy on permission for establishment of the branch shall
be carried out according to the following processes:
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b) The Minister of Education and Training conducts
evaluation of the submitted documentation, considers and approves the policy on
establishment or the policy on permission for establishment of the branch;
c) Within the permissible duration of 45 business
days of receipt of the application documentation for establishment of the
branch as required by applicable laws and regulations, the Minister of
Education and Training assumes responsibility for sending the written response
related to the results of processing of the submitted documentation;
d) Upon expiration of the duration of 03 years
after the date of entry into force of the Minister of Education and Training’s
approval of the policy on establishment or the policy on permission for establishment
of the branch, if the application documentation for establishment or approval
of establishment of the branch is not presented, the Minister of Education and
Training shall issue the decision on cancellation of the written document
indicating approval of the policy on establishment or approval of establishment
of the branch;
Where the written document on approval of the
policy on establishment or the policy on permission for establishment of the
branch expires or is annulled, the Government shall take back the allocated
land to give it to another education institution and keep educational use of
such land remain unchanged, and deal with assets associated with land in
accordance with applicable laws and regulations.
5. The application documentation for the Minister
of Education and Training’s decision on establishment or approval of
establishment of the branch shall include:
a) The Minister of Education and Training’s written
document on approval of the policy on establishment or the policy on permission
for establishment of the branch;
b) The legally valid document containing
confirmation of the land use right or the one issued by the regulatory
authority having power to allocate or lease land for a period of 50 years or
more for the purpose of construction of the branch with the following issues
specified such as location, boundary line, address and area of the land plot
where the branch is based;
c) The construction planning of the branch and the
general floor plan approved by the host entity in case of establishment of the
branch of a public higher education institution, or by the provincial-level
People's Committee in case of establishment of the branch of a non-public
higher education institution;
d) The written document containing the detailed
report on the progress of execution of the project for establishment of the
branch, enclosing the confirmation of the People's Committee of the province
where the branch is based;
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e) The legally valid documents indicating
confirmation of the investor’s capital including:
- Interpretations on the competency in making fund
investments, the decision on fund investments and facility and engineering conditions
of the host entity (in case of establishment of the branch of a public higher
education institution);
- The bank’s written confirmation of available
amount of money, the evidencing documents relating to the amount of fund used
for the purpose of construction of the branch (attached confirmation by the
competent financial institution of the amount of fund that has been used for
construction of the higher education institution and confirmation by the bank
of the fund balance available in the account of the non-public higher education
institution).
6. Implementation procedures:
a) The requesting institution sends 01 set of
application documents referred to in Clause 5 of this Article, whether directly
or by post, to the Ministry of Education and Training;
b) Within the permitted duration of 15 business
days of receipt of these documents, if the submitted set of documents has been
found illicit, the Minister of Education and Training assumes responsibility
for sending a written notification to the requesting higher education
institution for any revision or modification;
c) If these documents have been found conforming to
regulations laid down in Clause 5 of this Article within the duration of 60
business days, the Ministry of Education and Training shall take responsibility
for undertaking or cooperating with the relevant regulatory authority in
conducting evaluation of the submitted documentation and field evaluation in
order to give accurate judgements on various conditions and subject matters
specified in the project, preparing the complete documentation for submission
to the Ministry of Planning and Investment, the Ministry of Finance and
Ministry of Home Affairs to acquire their written opinions on the projects
satisfying requirements set out by laws and send any notice to the requesting
higher education institution in case of failure to meet such requirements.
The field evaluation of the project shall be carried out by the
Evaluation Board, composed of the representative of the Ministry of Education
and Training, the Ministry of Planning and Investment, the Ministry of Home
Affairs, the Ministry of Finance and the People's Committee of the province
where a higher education institution’s branch is based. The
Evaluation Board shall be established under the decision made by the Minister
of Education and Training and perform the function of advising the Minister of
Education and Training on the feasibility of the project;
d) Within the permissible duration of 30 business
days of receipt of all written opinions from relevant authorities or entities,
the Ministry of Education and Training consolidates all received opinions,
completes the project-related documentation and considers giving its decision;
dd) Upon expiration of the duration of 4 years
after the entry into force of the Ministry of Education and Training’s decision
on establishment or approval of establishment of the branch, unless the branch
meets licensing requirements for its educational operations, the Minister of
Education and Training shall assume responsibility for granting the decision on
cancellation of the decision on establishment or approval of establishment of
the said branch, and sends the People’s Committee of the province where the branch
is based a written notification of recovery of the right to use land for
construction of the said branch which has been allocated within his/her
jurisdiction;
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Article 93. Procedures and
requirements for the license for educational operations of the branch of a
higher education institution
1. Requirements for the license for educational
operations of the branch of a higher education institution shall include:
a) The branch must receive the Minister of
Education and Training’s decision on establishment of the branch;
b) The branch must prepare land, facilities,
equipment, student’s dormitory and physical training facilities that meet
regulatory operational requirements. The project for construction of the
branch must be located within a safe environment for its students, teachers,
administrative officers and employees as agreed upon in the proposal for
establishment of the branch;
c) The branch must design the curricula relative to
specific disciplines or specializations (except those of the higher education
institution applying for permission for establishment of its branch which have
already been licensed), syllabuses, teaching and learning materials in
accordance with applicable regulations;
d) The branch’s staff of tenured lecturers and administrative
officers must be adequate and consistent in terms of its personnel structure,
be appropriate for training disciplines or fields, satisfy stipulated conduct
and qualification standards and ensure that they are competent to fulfill
educational objectives and execute educational programs, and meet eligibility
requirements concerning higher education lecturers and administrative officers
prescribed by applicable laws and regulations of the Ministry of Education and
Training;
dd) The branch must maintain a sufficient amount of
financial resources as required by laws in order to ensure its continued
operation;
e) The branch must adopt the statutes of its
organization and operations as well as its internal financial rules.
2. Procedures for grant of a license for
educational operations of the branch shall be similar to those applied to a
higher education institution as provided in Article 90 hereof.
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1. Merger, division or split-up of a higher
education institution shall conform to the following requirements:
a) Match the plan for development of network of
higher education institutions;
b) Satisfy the socio-economic development demands
of the country;
c) Assure legal rights and benefits of its
students, teachers, administrative officers and employees;
d) Contribute to increasing the quality and
effectiveness of the higher education.
2. The Prime Minister shall have authority to issue
the decision on merger, division or split-up of a higher education institution.
3. The request documentation for these actions
shall be composed of the followings:
a) The request form submitted by the host entity
(if a public higher education institution requests such actions), the request
form submitted by the requesting higher education institution (if a non-public
higher education institution requests such actions) to the Ministry of
Education and Training for merger, division or split-up of the requesting
higher education institution, enclosing the opinion received from the People’s
Committee of the province where the requesting higher education will be based
upon completion of merger, division or split-up;
b) The minutes of the meeting of shareholders on
merger, division or split-up of the requesting higher education institution
(with respect to a public higher education institution);
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4. Implementation procedures:
a) Within the permitted duration of 15 business
days of receipt of these request documents, if the submitted set of documents
has not conformed to regulations laid down in Clause 3 of this Article, the
Ministry of Education and Training sends a written notification to the host
entity of the requesting higher education institution (with respect to a public
higher education institution), or to the requesting higher education
institution (with respect to a non-public higher education institution) for any
revision or modification;
b) If these documents have been found conforming to
regulations laid down in Clause 3 of this Article, within the duration of 30 business
days, the Ministry of Education and Training takes responsibility for
undertaking evaluation and cooperating with the relevant ministries or
regulatory authorities in submitting such evaluated documents to the Prime
Minister for his consideration and decision.
Article 95. Suspension of
educational operations of a higher education institution or a branch of a
higher education institution
1. A higher education institution shall be subject
to suspension of its educational operations when the following situations
occur:
a) The requesting institution has committed any
fraudulent act in order to approval of establishment or permission for
establishment or the license for its educational operations;
b) The requesting institution has failed to meet
one of the stipulated licensing requirements for its educational operations as
prescribed by this Decree;
c) The license for its educational operations has
been granted ultra vires;
d) The requesting institution has committed
violations against laws on education to the extent that it has to be subject to
suspension of its educational operations imposed as an administrative penalty;
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2. The Minister of Education and Training shall
have authority to issue the decision on suspension of educational operations of
a higher education institution or a branch of a higher education institution.
3. The suspension decision must clearly specify
reasons for such suspension, duration of suspension, provide approaches to
assuring legal rights and benefits of students, teachers, administrative
officers and employees and must be made known to the public through mass media.
4. Upon expiration of the duration of suspension,
if causes resulting in such suspension have been corrected, the competent
person vested authority to grant the suspension decision shall issue a decision
on permission for restoration of educational operations of a higher education
institution or a branch of a higher education institution and must make that
decision known to the public through mass media. In case of refusal to grant
permission for restoration of educational operations, a written notice must be
sent to the requesting institution, give clear reasons for such refusal and
provide any possible solution.
5. d) Documents submitted to request restoration of
educational operations shall be composed of the followings:
a) The request form for permission for restoration
of educational operations;
b) The decision on establishment of the inspection
team;
c) The inspection report.
6. Grant of permission for restoration of
educational operations of a higher education institution or a branch of a
higher education institution shall be subject to the procedures prescribed by
Clause 3 Article 90 hereof.
Article 96. Dissolution of a
higher education institution or a branch of a higher education institution
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a) It has committed serious violations against
applicable regulations on organization or operation of a higher education
institution or a branch of a higher education institution;
b) Upon expiration of the duration of suspension
specified in the suspension decision, causes for such suspension have not yet
been corrected;
c) Educational objectives and contents specified in
the establishment decision or the decision on approval of establishment have no
longer matched the national socio-economic development demands;
d) The dissolution takes place upon the request of
the organization or individual as the founder of a higher education institution
or a branch of a higher education institution;
dd) Upon expiration of the duration of 05 years, it
has failed to comply with the commitment specified in the approved proposal for
its establishment after the date of entry into force of the decision on
establishment or approval of establishment.
2. The Prime Minister shall have authority to issue
the decision on dissolution of a higher education institution. The Minister of
Education and Training shall have authority to dissolve the branch of a higher
education institution.
3. The request documentation for dissolution of a
higher education institution or a branch of a higher education institution
shall include:
a) The written request for dissolution of a higher
education institution or a branch of a higher education institution, submitted
by the host entity of the requesting institution, or the organization or
individual as the founder of that higher education institution or branch, which
specifies reasons for or purposes of dissolution of the requesting institution;
b) The plan for dissolution of a higher education
institution or a branch of a higher education institution which specifies
approaches to assuring legitimate rights and benefits of its students,
lecturers, administrative officers and employees, the plan for treatment of
assets and financial matters of the requesting institution.
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a) The Ministry of Education and Training receives
the request documentation for dissolution of a higher education institution or
a branch of a higher education institution, and conduct its evaluation.
Evaluation of the request documentation for dissolution of a higher education
institution or a branch of a higher education institution shall be carried out
according to the procedures similar to those applied to establishment of a
higher education institution under the provisions of this Decree;
- Within the permitted duration of 15 business days
of receipt of the request documentation, if the submitted set of documents has
been found illicit, the Ministry of Education and Training sends a written
notification to the requesting institution or branch of the requesting
institution for any revision or modification;
- Within the permissible duration of 30 business
days of receipt of the request documentation meeting regulations, the Ministry
of Education and Training undertakes cooperation with relevant ministries or
sectoral authorities in conduct of evaluation of the request documentation,
prepares a consolidated report for submission to the Prime Minister for his
consideration and decision in respect of a higher education institution, or his
decision in respect of a branch of a higher education institution.
b) Where a higher education institution or a branch
of a higher education institution violates one of the regulations laid down in
Point a, b, c and d Clause 1 of this Article, but its host entity or the
organization or individual as the founder of that institution or branch does
not make any request, the Ministry of Education and Training bears
responsibility for cooperating with relevant ministries or regulatory sectoral
authorities in evaluation of conformity with requirements for dissolution of
that institution or branch and submit an evaluation report to the Prime
Minister for his consideration and decision in respect of a higher education
institution, or his consideration or decision in respect of a branch of a
higher education institution.
5. The decision on dissolution of a higher
education institution or a branch of a higher education institution must
clearly specify reasons for such dissolution, provide approaches to assuring
legal rights and benefits of its students, teachers, administrative officers
and employees and must be made known to the public through mass media.
6. Upon the dissolution of a higher education
institution or a branch of a higher education institution, the Government shall
take back the allocated land in accordance with applicable laws on land and
deal with associated assets in accordance with applicable laws and regulations.
Chapter VII
EDUCATION QUALITY
ACCREDITATION
Section 1. DOMESTIC EDUCATION
QUALITY ACCREDITATION ORGANIZATION
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The proposal for its establishment must be
consistent with the plan for development of network of education quality
accreditation organizations in accordance with regulations laid down in the Law
on Higher Education. The proposal must clearly specify the name of the
organization or individual applying for establishment or approval of
establishment, the proposed name of the education quality accreditation
organization written in Vietnamese, English or any other language where
appropriate, the proposed location of its main office, objectives and missions,
subjects and scope of educational quality accreditation operations, the
proposed number or structure of qualifications of accreditors, personnel
structure, conditions concerning facilities or financial resources, the
developmental plan and schedule and measures to be taken over periods of
time.
Article 98. Procedures and
documentation requirements for establishment of a public education quality
accreditation organization, or approval of establishment of a private education
quality accreditation organization
1. The Minister of Education and Training shall
have authority to issue the decision on establishment of a public education
quality accreditation organization or approval of establishment of a private
education quality accreditation organization.
2. The application documentation shall be composed
of the followings:
a) The application form for establishment of an
education quality accreditation organization;
b) The proposal for establishment of an education
quality accreditation organization, prescribed by Article 97 hereof;
c) The résumé certified by the commune-level
People’s Committee that must be submitted by the individual applying for
establishment or the authenticated duplicate copy of the decision on
establishment that must be submitted by the organization applying for
establishment; the list of the recommended Director, Vice Directors (if any)
and members of the Education Quality Accreditation Commission, enclosing their
résumés certified by their host entities or organizations or the commune-level
People’s Committee; the authenticated duplicate copy of an accreditor’s
identity card and qualifications.
3. Implementation procedures:
a) The requesting organization or individual sends
01 set of application documents referred to in Clause 2 of this Article,
whether directly or by post, to the Ministry of Education and Training;
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Article 99. Licensing
requirements for operations of an education quality accreditation organization
1. The requesting organization must receive the
Minister of Education and Training’s decision on establishment or approval of
establishment.
2. The requesting organization must have permanent
main office and facilities that meet requirements concerning education quality
accreditation operations, provide an adequate number of offices for all
accreditors with a minimum area of 08 m2/person, and prepare
equipment necessary for accrediting operations.
3. The requesting organization must own at least
VND 02 billion used as its operating capital.
4. The requesting organization must employ at least
10 accreditors who have been awarded creditor’s identity card and work full
time in that requesting organization.
5. The requesting organization must administer its
own website.
Article 100. Procedures and
documentation requirements for grant of the license for education quality
accreditation operations
1. The Minister of Education and Training shall have
authority to issue the decision to grant the license for education quality
accreditation operations.
2. The application documentation shall be composed
of the followings:
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b) The written document giving certification of the
right to use land and own house, held by the requesting organization, or the
contract to rent house as the requesting organization's main officer that has the
term of at least 02 years and is certified by the competent authority; the
description of areas of offices and installed equipment;
c) The written confirmation of the account and
capital of the requesting organization, given by the bank that legally operates
within Vietnam or by the State Treasury;
d) The authenticated duplicate copy of the decision
on establishment or approval of establishment of the requesting organization,
the decision on appointment of the Director of an education quality accreditation
organization, the list of accreditors with their résumés, authenticated
duplicate copies of accreditor's identity card, degree or qualification, the
decision on recruitment or the employment contract which has been signed by the
requesting organization and accreditor;
dd) Address of the website of the requesting
organization.
3. Implementation procedures:
a) The requesting organization sends 01 set of
application documents referred to in Clause 2 of this Article, whether directly
or by post, to the Ministry of Education and Training;
b) Within the permissible duration of 10 business
days of the Ministry of Education and Training’s receipt of these documents, if
the submitted set of documents has been found illicit, a written notification
of contents that require correction or modification must be sent to the
requesting organization;
c) Within the maximum duration of 30 business days
of receipt of all legally required application documents, the Ministry of
Education and Training evaluates the submitted documentation, verifies accuracy
of materials enclosed in the submitted documentation, and conducts field
inspection where necessary. If all stipulated eligibility requirements have
been met, the Minister of Education and Training issues the decision to grant the
license for educational quality accreditation operations. In case of refusal to
grant that decision, a written notice must be sent, specify reasons for such
refusal and provide possible solutions. The license for educational quality
accreditation operations must specify subjects and scope of educational quality
accreditation operations, and must be valid in 5 years from the issue date.
4. Not later than 30 days before the license for
educational quality accreditation operations expires, the requesting organization
must submit the request to the Ministry of Education and Training for renewal
of that license. The request must specify the operational process and
enclose materials evidencing conformity of the requesting organization with
requirements, referred to in Clause 2, 3 and 4 Article 99 hereof;
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5. During the process of its operations, if the
requesting organization wishes to modify or revise subjects or scope of
accreditation operations, it must send the Ministry of Education and Training
the request for making any revision or modification of the license. The
procedures and documentation requirements for request for modification or
revision of the license for education quality accreditation operations shall be
subject to regulations laid down in Clause 2 and 3 of this Article.
Article 101. Suspension of
education quality accreditation operations
1. The education quality accreditation organization
shall be subject to suspension of its operations when one of the following
situations occurs:
a) The requesting organization has committed any
fraudulent act in order to obtain the license for its education quality
accreditation operations;
b) The license for education quality accreditation
operations has been issued ultra vires;
c) In the course of its operations, the requesting
organization has failed to maintain conformance to regulatory requirements,
specified in Clause 2, 3 and 4 Article 99 hereof;
d) It has not observed the fair and true view
concept during the process of education quality accreditation operations and
has recognized the false education quality accreditation results;
dd) As otherwise prescribed by laws and regulations.
2. The Minister of Education and Training shall
have authority to issue the decision to suspend education quality accreditation
operations.
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a) Where it is established that the requesting
organization has committed one of the violations prescribed by Clause 1 of this
Article, the Minister of Education and Training grants a decision to establish
the inspection team, organize inspection activities to determine the severity
of violation and make an inspection report;
b) Based on the severity of violation, the Minister
of Education and Training considers issuing the decision to suspend education
quality accreditation operations. The decision to suspend education quality
accreditation operations must clearly specify reasons for such suspension and
duration of suspension, and approaches to assuring legal rights and benefits of
related organizations or individuals. The decision on suspension of education
quality accreditation operations must be made known to the public through the
website of the Ministry of Education and Training and mass media;
c) Upon expiration of the duration of suspension,
if causes resulting in such suspension have been corrected, the requesting
organization is required to submit the request form for permission for
restoration of its education quality accreditation operations. The
request form must specify completion of correction of these causes and enclose
evidencing documents (where available);
d) Within the permissible duration of 15 business
days of receipt of the valid request, the Ministry of Education and Training
carries out evaluation of the request, evidencing materials, and conducts field
inspection where necessary. If causes resulting in such suspension have been
mitigated, the Minister of Education and Training shall issue the decision to
grant permission for restoration of educational quality accreditation
operations. In case of refusal to grant that decision, a written notice must be
sent, specify reasons for such refusal and provide possible solutions.
Article 102. Dissolution of
an education quality accreditation organization
1. An education quality accreditation organization
shall be dissolved when one of the following situations occurs:
a) The requesting organization has committed
serious violations against applicable regulations on management, organization
or operation of an education quality accreditation organization according to
the conclusion drawn by the competent authority;
b) After 06 months from the date of entry into
force of the decision on establishment or approval of establishment, the
education quality accreditation organization neither registers its
accreditation operations nor meets regulatory requirements for the license for
education quality accreditation operations;
c) Upon expiration of the duration of suspension of
education quality accreditation operations specified in the suspension
decision, causes resulting in such suspension have not been corrected yet;
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dd) The decision on establishment or approval of
establishment of an education quality accreditation organization has been
signed ultra vires;
e) The education quality accreditation organization
is dissolved upon the request of the organization or individual acting as the
founder of that organization.
2. The request documentation shall be composed of
the followings:
a) If the organization or individual acting as the
founder of an education quality accreditation organization requests such
dissolution, the request documentation shall include the written request made
by that organization or individual for dissolution which specifies reasons for
such dissolution and approaches to assuring legitimate rights and benefits of
related organizations or individuals.
b) If dissolution of the requesting organization is
compulsory, the following documents must be submitted:
- The request form of subordinate functional
divisions of the Ministry of Education and Training for dissolution of the
education quality accreditation organization in which reasons for the request
for such dissolution should be clearly defined;
- The written document indicating interpretation of
such request prepared by subordinate functional divisions of the Ministry of
Education and Training, enclosing evidences of the requesting organization's violation
against applicable regulations that results in such dissolution, as prescribed
by Point a through Point dd Clause 1 of this Article.
3. Implementation procedures:
a) If the organization or individual acting as the
founder of an education quality accreditation organization files a request for
such dissolution, the procedures shall be implemented as follows:
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- Within the duration of 30 business days of
receipt of the request documentation for dissolution of an education quality
accreditation organization, subordinate functional divisions of the Ministry of
Education and Training verifies, considers, evaluates such documentation and
requests the Minister of Education and Training to issue the decision on
dissolution of that organization.
b) If dissolution of the requesting organization is
compulsory as prescribed by Point a, b, c, d and dd Clause 1 of this Article,
the procedures shall be implemented as follows:
- Subordinate functional divisions of the Ministry
of Education and Training prepares the request documentation for such
dissolution which specified reasons for such dissolution and notifies the
requesting organization of the said request documentation;
- Within the duration of 30 business days from the
date of issue of notification of the request documentation for dissolution of
an education quality accreditation organization, subordinate functional
divisions of the Ministry of Education and Training verifies, considers,
evaluates such documentation and requests the Minister of Education and
Training to issue the decision on dissolution of that organization.
4. The dissolution decision must specify reasons
for such dissolution and approaches to assuring legitimate rights and benefits
of related organizations or individuals as well as must be published on the
website of the Ministry of Education and Training.
Section 2. RECOGNITION OF
FOREIGN EDUCATION QUALITY ACCREDITATION ORGANIZATION TO OPERATE WITHIN VIETNAM
Article 103. Eligibility
requirements for awarding recognition to a foreign education quality
accreditation organization operating within Vietnam
1. The foreign education quality accreditation
organization has been awarded recognition or license to carry out lawful
education quality accreditation operations by a host country or a legal
international association.
2. The foreign education quality accreditation
organization has acquired at least 05 years’ experience in providing education
quality accreditation services till its application for recognition is
processed.
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1. The Minister of Education and Training shall
have authority to issue the decision to award recognition to a foreign
education quality accreditation organization operating within Vietnam.
2. The application documentation shall be composed
of the followings:
a) The written request for the license to provide
its education quality accreditation service within Vietnam which clearly
specifies the proposed time of commencement of its operations, education
quality accreditation process, subjects and scope of education quality
accreditation operations;
b) The written document evidencing the legal status
of the foreign education quality accreditation organization issued by a foreign
entity and consularized by the Ministry of Foreign Affairs of Vietnam, a
diplomatic mission, a consular post or an entity authorized to perform the
consular function of Vietnam in a foreign country, unless otherwise stipulated
by the International Treaty to which the Socialist Republic of Vietnam is a
party;
c) The summary of establishment and development of
the foreign education quality accreditation organization which specifies links
with related websites.
3. Implementation procedures:
a) The requesting organization sends 01 set of
application documents referred to in Clause 2 of this Article, whether directly
or by post, to the Ministry of Education and Training. Within the permissible
duration of 05 business days of receipt of these documents, if the submitted
set of documents has been found illicit, the Ministry of Education and Training
sends a written notification of any required revision or modification;
b) Within the maximum duration of 15 business days
of receipt of all legally required application documents, the Ministry of Education
and Training evaluates the submitted documentation and verifies accuracy of
materials enclosed in the submitted documentation. If stipulated requirements
are met, the Minister of Education and Training shall issue the decision to
award recognition to the requesting foreign education quality accreditation
organization to operate within Vietnam. The decision on such recognition must
be published on the website of the Ministry of Education and Training and made
known to the public through mass media.
4. During the process of its operations, if the
requesting organization wishes to modify or revise subjects or scope of
accreditation services, it must send the Ministry of Education and Training the
request for grant of revised or modified recognition. Procedures and
documentation requirements for request for grant of the decision on revised or
modified recognition shall be subject to Clause 2 and 3 of this Article.
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1. The education quality accreditation organization
shall be subject to revocation of the decision on recognition of its education
quality accreditation services when one of the following situations occurs:
a) The affected organization has committed any
fraudulent act in order to obtain the license to provide its education quality
accreditation services within Vietnam;
b) The decision on recognition of its education
quality accreditation operations has been issued ultra vires;
c) In the course of its provision of education
quality accreditation services, the affected organization has failed to
maintain its conformance to regulatory requirements, specified in Clause 1
Article 103 hereof;
d) It has not observed the fair and true view
concept during the process of education quality accreditation operations and
has recognized the false education quality accreditation results;
dd) As otherwise prescribed by laws and
regulations.
2. The Minister of Education and Training shall
have authority to issue the decision to revoke the recognition awarded to a
foreign education quality accreditation organization to operate within Vietnam.
3. Implementation procedures:
a) Where it is established that the affected organization
has committed one of the violations prescribed by Clause 1 of this Article, the
Minister of Education and Training grants a decision to establish the
inspection team, organizes inspection activities to determine the severity of
violation and makes an inspection report;
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Chapter VIII
OVERSEAS STUDY
COUNSELLING SERVICE PROVISION
Article 106. Overseas study
counseling service provider
1. The overseas study counseling service provider
shall include:
a) Enterprises that are established and operated
under the provisions of the Corporate Law;
b) Public service providers that perform its
functions of doing the business of overseas study counseling services;
c) Foreign education organizations that legally
operate within Vietnam.
2. The overseas study counseling service business
shall include:
a) Provision of information and advice on
educational policies adopted by countries and territories; provision of advice
on selection of school, course, discipline and qualification relevant to
student’s ability and expectation;
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c) Organization of enrolment, placement or
admission of target overseas students;
d) Organization of necessary skill development
classes or sessions intended for Vietnamese citizens wishing to study abroad;
dd) Application for permission awarded to
Vietnamese citizens to take study abroad programs, parents or guardians to pay
a visit to foreign schools under applicable laws and regulations;
e) Activities related to overseas study counseling
service business.
Article 107. Eligibility
requirements for the license for overseas study counseling service business
1. The overseas study counseling service provider
shall be established under applicable laws and regulations.
2. It must own its main office, facilities and
equipment necessary for provision of overseas study counseling services.
3. Its staff of front desk counselors must hold at
least the bachelor’s degree, have a good command of at least a foreign language
at the 4th level or more as specified in the 6-level Foreign
Language Competency Framework of Vietnam or equivalent, and obtain the
certificate of completion of overseas study counseling training course required
by the Ministry of Education and Training.
Article 108. Procedures and
documentation requirements for awarding the certificate of registration of
overseas study counseling service business to an overseas study counseling
service provider
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2. The application documentation for such
certificate shall be composed of the followings:
a) The application form for the certificate of
registration of overseas study counseling service business that describes the
following key information such as objectives and details of overseas study
counseling services, possibility of provision and development of overseas study
counseling services, implementation plan and approaches, measures to deal with
possible risks to service customers;
b) The authenticated duplicate copy of the
certificate of business registration, the establishment decision or the
certificate of investment registration;
c) The list of front desk counselors with the
following main information: full name, birth date, gender, qualification level,
foreign language proficiency, job position; the authenticated duplicate copy of
a bachelor’s degree, foreign language certificate and certificate of completion
of overseas study counseling service course.
3. Implementation procedures:
a) The overseas study counseling organization sends
01 set of application documents prescribed by Clause 2 of this Article, whether
directly or by post, to the Department of Education and Training of the
province where its services are provided;
b) Within the maximum duration of 15 business days
of receipt of all legally required application documents, the Director of the
Department of Education and Training evaluates the submitted documentation,
verifies accuracy of materials enclosed in the submitted documentation and issues
the certificate of registration of overseas study counseling service business.
If stipulated requirements have not met yet, a written notice must be sent to
the requesting organization and clearly describes reasons.
4. In the course of doing its service business, the
overseas study counseling service provider may request the Department of
Education and Training for any possible revision or modification of the
certificate of registration of overseas study counseling service business.
Procedures for modification or revision of the certificate of registration of
overseas study counseling service business shall be subject to Clause 3 of this
Article.
Article 109. Suspension of
provision of overseas study counseling services
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a) It has committed any fraudulent act in order to
obtain the certificate of registration of overseas study counseling service
business;
b) It fails to meet one of the requirements
specified in Article 107 hereof;
c) It has committed any offence against laws and
regulations on education to the extent that it is subject to suspension imposed
as an administrative penalty;
d) It has leased out or lent the certificate of
registration of overseas study counseling service business;
dd) As otherwise prescribed by laws and
regulations.
2. The Director of the Department of Education and
Training shall have authority to issue the decision on suspension of its
overseas study counseling services.
3. Implementation procedures:
a) Where it is established that the overseas study
counseling service provider has committed one of the violations prescribed by
Clause 1 of this Article, the Director of the Department of Education and
Training grants a decision to establish the inspection team, organizes
inspection activities to determine the severity of violation and makes an
inspection report;
b) Based on the severity of violation, the Director
of the Department of Education and Training issue the decision on suspension of
its overseas study counseling services. The decision to suspend overseas study
counseling services must clearly specify reasons for such suspension and
duration of suspension, and approaches to assuring legal rights and benefits of
its customers, related organizations or individuals. The decision on suspension
of overseas study counseling services must be made known to the public through
mass media;
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d) Within the maximum duration of 15 business days
of receipt of the valid request, the Department of Education and Training shall
carry out evaluation of the request, evidencing materials, and conduct field
inspection where necessary. If causes resulting in such suspension have been
mitigated, the Director of the Department of Education and Training shall issue
the decision to grant permission for restoration of educational its operations.
If stipulated requirements have not been met yet, a written notice must be
sent, specify reasons and provide possible solutions.
Article 110. Revocation of
the certificate of overseas study counseling service business
1. The Director of the Department of Education and
Training shall have authority to issue the decision on revocation of the
certificate of overseas study counseling service business.
2. The certificate of overseas study counseling
service business shall be revoked when one of the following situations occurs:
a) The overseas study counseling service provider
is dissolved under applicable laws and regulations;
b) During the duration of suspension, the overseas study
counseling service provider continues to provide its overseas study counseling
services;
c) Upon expiration of the duration of suspension,
causes resulting in such suspension have not been corrected yet;
d) As otherwise prescribed by applicable laws and
regulations.
3. The decision to revoke the certificate of
overseas study counseling service business must clearly specify reasons for
such revocation and approaches to assuring legal rights and benefits of its
customers, related organizations or individuals. The revocation decision must
be made known to the public through mass media.
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IMPLEMENTATION
PROVISIONS
Article 111. Transitional
provisions
1. Notwithstanding applicable regulations on
regulatory requirements, documentation requirements, procedures, educational
operations, merger, division, split-up, suspension of educational services,
dissolution of educational institutions, education quality accreditation
services, and overseas study counseling services, laid down in this Decree, educational
institutions and organizations or individuals shall implement other relevant
regulations set forth in the Law on Education, the Law on Higher Education, the
Law on Vocational Education and other directives providing guidance on
implementation thereof.
2. Educational institutions and organizations or
individuals that were licensed to carry out their operations, educational
institutions which were established (concurrently, obtained the license for its
educational operations) before the date of entry into force of this Decree
shall be exempted from applying for resumption of their operations.
Educational institutions and organizations or
individuals that submitted their applications to state regulatory authorities
for the license for their operations, the certificate of registration of
education quality accreditation services, the certificate of overseas study
counseling service business before the date of entry into force of this Decree
shall be exempted from revision or modification of their submitted
documentation under the provisions of this Decree.
3. The Minister of Education and Training shall be
responsible for reviewing proposals for establishment of higher education
institutions for which the Prime Minister’s policy on permission was issued before
the date of entry into force of this Decree in order to report to the Prime
Minister for his consideration and decision.
If proposals for establishment of higher education
institutions for which the Prime Minister’s policy on permission was issued
before the date of entry into force of this Decree remain valid, they shall not
be subject to regulations set forth in Clause 4 Article 87 hereof.
Article 112. Entry into force
1. This Decree shall enter into force from April
21, 2017.
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3. Regulations concerning application for the
certificate of overseas study counseling service business, suspension of overseas
study counseling service business, revocation of the certificate of overseas
study counseling service business, which are laid down in the Prime Minister's
Decision No. 05/2013/QD-TTg dated January 15, 2013 on Vietnamese citizens given
permission to study abroad shall become defunct from the date of entry into
force of this Decree.
4. The Minister of Education and Training shall
assume the following responsibilities:
a) Carry out review and announce regulations on
regulatory requirements, documentation requirements, procedures for
establishment, approval of establishment (including the policy on establishment
or permission for establishment of a higher education institution), educational
operations, merger, division, split-up, suspension of educational operations,
dissolution of an educational institution and education quality accreditation
in relevant documents which are repealed;
b) Review the Prime Minister’s Decision No.
37/2013/QD-TTg dated June 26, 2013 on modification of the plan for development
of network of universities and colleges for the period from 2006 to 2020 in
order to draw up and request the Prime Minister to approve the plan for
development of network of higher education institutions for the period from
2017 to 2025 with vision for 2030, which provides incentive policies on
establishment of non-public not-for-profit higher education institutions and
compliance with the principle that the number of higher education institutions
by regions is not restricted.
Article 113. Implementation
responsibility
The Minister of Education and Training, other
Ministers or Heads of Ministry-level agencies, Heads of Governmental bodies,
Presidents of People’s Committees of centrally-affiliated cities and provinces,
and organizations and individuals concerned, shall be responsible for
implementing this Decree./.
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