What is included in the documents submitted to request restoration of educational operations after a higher education institution or a branch of a higher education institution is suspended from educational operations in Vietnam?

What is included in the documents submitted to request restoration of educational operations after a higher education institution or a branch of a higher education institution is suspended from educational operations in Vietnam? - Question from Ms. Hanh from Hue.

In what cases is a higher education institution or a branch of a higher education institution dissolved?
In what cases is a higher education institution or a branch of a higher education institution suspended from educational operations in Vietnam?
What is included in the documents submitted to request restoration of educational operations after a higher education institution or a branch of a higher education institution is suspended from educational operations in Vietnam?

In what cases is a higher education institution or a branch of a higher education institution dissolved?

Pursuant to Clause 1, Article 96 of Decree No. 46/2017/ND-CP, a higher education institution or a branch of a higher education institution shall be dissolved when the following situations occur:

- 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;

- Upon expiration of the duration of suspension specified in the suspension decision, causes for such suspension have not yet been corrected;

- 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;

- 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;

- 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.

In what cases is a higher education institution or a branch of a higher education institution suspended from educational operations in Vietnam?

Pursuant to Clause 1, Article 95 of Decree No. 46/2017/ND-CP stipulating as follows:

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;

dd) As otherwise prescribed by laws and regulations.

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. 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.

Thus, according to the above regulations, a higher education institution shall be subject to suspension of its educational operations when the following situations occur:

- 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;

- The requesting institution has failed to meet one of the stipulated licensing requirements for its educational operations as prescribed by Decree No. 46/2017/ND-CP;

- The license for its educational operations has been granted ultra vires;

- 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;

- As otherwise prescribed by laws and regulations.