What are the procedures for establishing a branch of a public secondary school under the latest province or central city in 2022?

On May 30, 2022, the Ministry of Labor, War Invalids and Social Affairs issued Decision 445/QD-LDTBXH on the announcement of new administrative procedures, amended and supplemented procedures. In which, there are regulations on the procedures for establishing branches of public intermediate schools directly under the provinces and centrally-run cities.

Dossier to establish a branch of a public secondary school directly under a province or centrally run city?

Pursuant to subsection 1, section I, Part II, Procedures for promulgation together with Decision 445/QD-LDTBXH in 2022 issued by the Ministry of Labor, War Invalids and Social Affairs on May 30, 2022, prescribes as follows:

“II. SMALL PROVINCIAL LEVEL ADMINISTRATION PROCEDURES
1. Procedures for establishing a branch of a public intermediate school directly under a province or centrally run city; permit the establishment of branches of private intermediate schools in the area
1.3. Composition, number of records
1.3.1. Profile composition
a) Dossier as prescribed at Points a, c, d, dd, e and g, Clause 1, Article 6 of Decree No. 143/2016/ND-CP (amended and supplemented in Decree No. 140/2018/ ND-CP and Decree No. 24/2022/ND-CP), including:
- A written request for establishment or permission to establish a branch of the intermediate school, made according to Form No. 01, Appendix I issued together with Decree No. 143/2016/ND-CP (amended and supplemented in Decree No. 24/2022/ND-CP);
- Draft master plan of construction site, ensuring suitability with industry, profession, scale, training level and standards of usable area, construction area for learning activities and teaching;
- A copy of the certificate of land use right or the decision on land allocation or land lease for the construction of vocational education institutions by the provincial-level People's Committee, enclosed with a copy of the receipt (payment of land use levy or rental payment). land) or proof of fulfillment of financial obligations on land as prescribed;
- A copy of the contract for renting physical facilities on land with a term of at least 5 years from the date of sending the dossier, for the case of renting physical facilities on land, and papers proving the right to use or ownership of the lessor;
- 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 project on completion of investment in the construction of a public vocational education institution. established by a competent authority;
- A document certifying the 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.
b) The scheme for establishing the branch of the intermediate school according to the Form No. 03, Appendix I issued together with the Decree No. 143/2016/ND-CP (amended and supplemented in the Decree No. 24/2022/ND-CP) CP).”

Accordingly, when establishing a branch of a public intermediate school under a province or centrally run city, the requesting party needs to prepare a dossier according to the above components.

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What are the procedures for establishing a branch of a public secondary school under the latest province or central city in 2022?

What are the conditions for establishing a branch of a public secondary school directly under a province or centrally run city?

Pursuant to subsection 1.10, Section 1, Part II, Procedures promulgated together with Decision 445/QD-LDTBXH 2022 issued by the Ministry of Labor, War Invalids and Social Affairs on May 30, 2022 stipulating requirements and conditions establish a branch of a public secondary school directly under a province or centrally run city as follows:

“II. SMALL PROVINCIAL LEVEL ADMINISTRATION PROCEDURES
1. Procedures for establishing a branch of a public intermediate school directly under a province or centrally run city; allow the establishment of branches of private intermediate schools in the area
1.10. Requirements and conditions for carrying out administrative procedures
a) Having a location for the construction of facilities and investment capital for establishment, allowing the establishment of a branch of the intermediate school, which is at least equal to 25% of the minimum land use area and the investment capital for establishment, allowing the establishment of a branch of the intermediate school. intermediate stance specified in Clauses 3 and 4, Article 3 of Decree No. 143/2016/ND-CP (amended and supplemented in Decree No. 24/2022/ND-CP).
b) The location of the branch office located in a province or centrally run city is different from the place where the head office of the intermediate school is located.”

Thus, in order to establish a branch of a public secondary school directly under a province or centrally run city, it must have a location for construction of facilities and a capital of at least 25% of the minimum usable land area. minimum and capital to establish intermediate schools. In addition, the branch office must be located in a province or centrally run city other than the place where the main office of the intermediate school is located.

Who is allowed to set up a branch of a public intermediate school directly under a province or centrally run city?

Pursuant to the objective of Section 1.5, Section 1, Part II, Procedures for promulgation together with Decision 445/QD-LDTBXH in 2022 issued by the Ministry of Labor, War Invalids and Social Affairs on May 30, 2022 stipulates as follows:

“II. SMALL PROVINCIAL LEVEL ADMINISTRATION PROCEDURES
1. Procedures for establishing a branch of a public intermediate school directly under a province or centrally run city; allow the establishment of branches of private intermediate schools in the area
1.5. Subjects carrying out administrative procedures
Public secondary schools affiliated to provinces and centrally run cities; private secondary schools in the provinces and centrally-run cities.”

Thus, public intermediate schools affiliated to provinces and centrally run cities, and private intermediate schools in provinces and centrally run cities are the subjects permitted to establish branches of direct public intermediate schools. provinces and centrally run cities.

Procedures for establishing a branch of a public intermediate school directly under a province or centrally run city?

Pursuant to subsection 1.1, Section 1, Part II, Procedures for promulgation together with Decision 445/QD-LDTBXH in 2022 issued by the Ministry of Labor, War Invalids and Social Affairs on May 30, 2022:

“II. SMALL PROVINCIAL LEVEL ADMINISTRATION PROCEDURES
1. Procedures for establishing a branch of a public intermediate school directly under a province or centrally run city; permit the establishment of branches of private intermediate schools in the area
1.1. The order of execution
a) Step 1: Receive the establishment dossier, permit the establishment of the branch
Public secondary schools affiliated to provinces and centrally run cities; The private secondary schools in the locality that require establishment or permit the establishment of a branch of the school shall make a dossier and send it to the Department of Labor, War Invalids and Social Affairs.
b) Step 2: Decide on the establishment, permit the establishment of a branch of the intermediate school
Within 07 working days from the day on which the application is received, the Department of Labor, War Invalids and Social Affairs shall appraise the application for establishment, permit the establishment of a branch of the intermediate school and submit it to the President of the People's Committee for approval. The province decided to establish and allow the establishment of branches of intermediate schools.
In case the application is invalid or the establishment or permission for the establishment of a branch is not decided, a written reply, clearly stating the reason, shall be issued.

Thus, the order of carrying out the procedures for establishing a branch of a public secondary school directly under the province or centrally run city is divided into two steps: receiving the application and deciding on the establishment, allowing the establishment of the branch. brand. Time to carry out procedures within 7 days from the date of receipt of valid dossiers.

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