What are the procedures for terminating the operation of the foreign education representative offices in Vietnam?
- What are the cases of termination of foreign education representative offices in Vietnam?
- What are the procedures for terminating the operation of the foreign education representative offices in Vietnam?
- What is the decision on terminating the operation of foreign education representative offices in Vietnam?
What are the cases of termination of foreign education representative offices in Vietnam?
Pursuant to Clause 2, Article 61 of Decree 86/2018/ND-CP stipulates as follows:
Terminating the operation of the representative office
...
2. The operation of the representative office shall be terminated if:
a. The period specified in the establishment license expires.
b. There is a request from the foreign educational institution that establishes the representative office.
c. The representative office is unable to operate within 06 months from the date on which the first license is issued or within 03 months from the date on which the license is extended.
d. The application documents for approval for the establishment of the representative office are falsified.
dd. The representative office engages in activities in contravention of the license.
e. The representative office violates other laws of Vietnam.
Accordingly, the operation of the representative office shall be terminated if:
- The period specified in the establishment license expires.
- There is a request from the foreign educational institution that establishes the representative office.
- The representative office is unable to operate within 06 months from the date on which the first license is issued or within 03 months from the date on which the license is extended.
- The application documents for approval for the establishment of the representative office are falsified.
- The representative office engages in activities in contravention of the license.
- The representative office violates other laws of Vietnam.
In addition, regarding the authority to terminate representative office operations, based on Clause 1, Article 61 of Decree 86/2018/ND-CP stipulates as follows:
The person who approves the establishment shall also have authority to terminate the operation of the representative office, specifically in Article 57 of Decree 86/2018/ND-CP, which is the Minister of Education and Training. create.
What are the procedures for terminating the operation of the foreign education representative offices in Vietnam?
What are the procedures for terminating the operation of the foreign education representative offices in Vietnam?
Pursuant to Clause 3, Article 61 of Decree 86/2018/ND-CP stipulates as follows:
Terminating the operation of the representative office
...
3. Application documents and procedures for requesting the termination of operation of the representative office.
a. An application form for approval for terminating the operation of the representative office, in which there is clear explanation about the termination.
b. A detailed plan for terminating the operation, in which there are clear measures for ensuring the legal rights of the employees; a plan on solving the financial or property problems.
c. Within 20 working days from the date on which the application documents requesting the termination are received, the receiving agency shall consider and make a decision. If the documents are deemed incomplete, within 05 working days from the date on which the documents are received, the receiving agency shall send a written notification in person or by post or via email to the educational institution.
Thus, the request to terminate the operation of a foreign education representative office in Vietnam is as follows:
Step 1: Prepare documents, including:
- An application form for approval for terminating the operation of the representative office, in which there is clear explanation about the termination.
- A detailed plan for terminating the operation, in which there are clear measures for ensuring the legal rights of the employees; a plan on solving the financial or property problems.
Step 2: Receive documents
Within 20 working days from the date on which the application documents requesting the termination are received, the receiving agency shall consider and make a decision.
Step 3: Return results
If the documents are deemed incomplete, within 05 working days from the date on which the documents are received, the receiving agency shall send a written notification in person or by post or via email to the educational institution.
What is the decision on terminating the operation of foreign education representative offices in Vietnam?
Pursuant to Clause 5, Article 61 of Decree 86/2018/ND-CP stipulates as follows:
Terminating the operation of the representative office
...
4. If the operation of the representative office must be terminated according to point c, d, dd, and e, clause 2 of this Article, the competent agency shall consider and decide to terminate the operation of the aforesaid office.
5. The decision on terminating the operation shall include clear explanation about such action and the measures for ensuring the legal rights and benefits of the employees, and shall be announced through the mass media.
Accordingly, the decision on terminating the operation shall include clear explanation about such action and the measures for ensuring the legal rights and benefits of the employees, and shall be announced through the mass media.
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