What are the requirements for establishment and grant of permissions to establish vocational education institutions in Vietnam?
- What are the requirements for establishment and grant of permissions to establish vocational education institutions in Vietnam?
- What is the application for establishment or for permission to establish vocational education institutions in Vietnam?
- Which agency has the authority to establish vocational education institutions in Vietnam?
What are the requirements for establishment and grant of permissions to establish vocational education institutions in Vietnam?
Pursuant to the provisions of Article 3 of Decree 143/2016/ND-CP (amended by Clause 1, Article 5 of Decree 140/2018/ND-CP) stipulating conditions for establishment, permitting the establishment of educational institutions vocational education as follows:
- Every vocational education institution shall be established in conformity with the planning for network of Vietnamese vocational education institutions. Public vocational education institutions shall operate on the principle of autonomy of public service providers as stipulated by the Government.
- Every vocational education institution shall have a premise with a minimum area of 1,000 m2 (for vocational training facilities); 10,000 m2 (for vocational schools in urban areas) and 20,000 m2 (for vocational schools in suburban areas); 20,000 m2 (for vocational colleges in urban areas) and 40,000 m2 (for vocational colleges in suburban areas).
- Investments in establishment of vocational education institutions shall be mobilized from lawful sources of finance, excluding land. To be specific:
+ For vocational training centers: at least 05 billion dong;
+ For vocational schools: at least 50 billion dong;
+ For colleges: at least 100 billion dong.
What are the requirements for establishment and grant of permissions to establish vocational education institutions in Vietnam?
What is the application for establishment or for permission to establish vocational education institutions in Vietnam?
Pursuant to the provisions of Article 6 of Decree 143/2016/ND-CP (amended by Clause 2, Article 5 of Decree 140/2018/ND-CP) stipulating the application for establishment or for permission to establish vocational education institutions as follows:
- An application form for establishment made by the governing body (for public vocational education institutions); an application form for permission to establish vocational education institution made by a social organization, socio-professional organization, economic organization or individual (for private vocational education) using the specimen in Annex 1 attached hereto.
For vocational education institutions affiliated to Ministries or central authorities of social-political organizations (hereinafter referred to as “regulatory authority”) or private colleges, a written approval of the People’s Committee of province where the vocational education institution’s headquarters is located is required.
- A proposal for establishment of the vocational education institutions.
- A draft of the layout plan of architectural works, which is conformable to the disciplines, training scope and level and criteria for construction area and area used for learning and teaching;
- Certified true copies of the land use right certificate, house ownership certificate of the organization or individual, which specify address, area and boundaries of the land lot and agreement on regulations on lease of furnished facilities and other relevant legal documents which remain valid for at least 05 years from the date of submitting the application.
- A copy of the written approval of the investment policy, investment decision or the written approval, assignment of the public investment plan or the written approval of the final settlement of the completed investment in the construction of a public vocational education institution of the competent authority
- A written certification of financial ability to invest in the construction of a private vocational education institution by a competent agency or organization;
- A copy of the document proving the ownership of the property, enclosed with the written appraisal of the value of the asset contributed as capital if the capital contribution is made with assets.
Which agency has the authority to establish vocational education institutions in Vietnam?
Pursuant to Article 7 of Decree 143/2016/ND-CP stipulating as follows:
Authority to make decisions on establishment or to grant permission to establish vocational education institutions
1. Every President of the People’s Committee of the province has the power to issue decisions on establishment of public vocational training centers and vocational schools under the management of the provincial government, and to grant permission to establish private vocational training centers and vocational schools in the province.
2. Ministers, Heads of ministerial-level and heads of central authorities of social-political organizations have the power to make decisions on establishment of public vocational training centers and vocational schools affiliated to their organizations.
3. The Minister of Labor, War Invalids and Social Affairs has the power to make decisions on establishment of public colleges and to grant permission to establish private colleges.
Thus, every President of the People’s Committee of the province has the power to issue decisions on establishment of public vocational training centers under the management of the provincial government.
Ministers, Heads of ministerial-level and heads of central authorities of social-political organizations have the power to make decisions on establishment of public vocational training centers and vocational schools affiliated to their organizations.
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