04 cases of dissolution of a primary school in Vietnam.

What are the 04 cases of dissolution of a primary school in Vietnam?

Based on Clause 1, Article 21 of Decree 46/2017/ND-CP which provides regulations on investment and operational conditions in the educational sector, the 04 cases of dissolution of a primary school include:

- Serious violations of regulations on the organization and operation of the primary school;

- The expiration of the suspension period of educational operations recorded in the suspension decision without rectifying the cause of the suspension;

- The goals and contents of activities recorded in the decision of establishment or permission to establish the primary school are no longer suitable for the local socio-economic development requirements;

- At the request of the organization or individual that proposed the establishment of the primary school.

Moreover, the Chairman of the District People's Committee issues a dissolution decision for public primary schools and grants permission for the dissolution of private primary schools.

04 cases of dissolution of a primary school in Vietnam? (Image from the Internet)

What are the application and procedures for dissolving a primary school?

Based on Clauses 3 and 4, Article 21 of Decree 46/2017/ND-CP with some provisions repealed by Article 2 of Decree 135/2018/ND-CP, the application and procedures for dissolving a primary school are as follows:

(1) Application

For primary schools being dissolved according to Points a, b, and c of Clause 1, Article 21 of Decree 46/2017/ND-CP, the application includes:

- A proposal for dissolution from the Department of Education and Training;

- Application of suspension of educational operations;

- Documents relating to the inability to rectify the cause of the suspension of educational operations;

- Decision on the establishment of the inspection team;

- Inspection report.

For primary schools being dissolved according to Point d of Clause 1, Article 21 of Decree 46/2017/ND-CP, the application includes:

- A proposal for dissolution from the organization or individual.

(2) Procedures

Step 1: The Department of Education and Training inspects and assesses the level of violation of the regulations in Points a, b, and c of Clause 1, Article 21 of Decree 46/2017/ND-CP or considers the proposal for dissolution from the organization or individual that established the primary school; reports in writing to the Chairman of the District People's Committee to issue a dissolution decision;

Step 2: The Chairman of the District People's Committee issues a dissolution decision based on the proposal of the Head of the Department of Education and Training within 20 working days from the date of receipt of the complete application .

The dissolution decision must clearly state the reason for dissolution, the measures to ensure the legitimate rights and interests of students, teachers, managers, and staff and must be publicly announced in the mass media.

Vietnam: When is a primary school suspended before being dissolved?

At Clause 1, Article 20 of Decree 46/2017/ND-CP regarding the suspension of educational operations for primary schools. To be specific:

Suspension of educational operations for primary schools

1. A primary school will be suspended from educational operations when one of the following cases occurs:

a) Engaging in fraudulent activities to be allowed to operate educational operations;

b) Failing to ensure one of the conditions for establishment or permission for establishment stipulated in Article 15 of this Decree and failing to ensure operational conditions of primary education stipulated in Article 17 of this Decree;

c) Unauthorized permission for educational operations;

d) Failing to commence educational operations within 01 year from the date of being permitted to operate educational operations;

dd) Violating educational laws and being administratively sanctioned at the level that requires suspension;

e) Other violations as stipulated by law.

2. The Head of the Department of Education and Training decides to suspend educational operations for primary schools.

3. Procedures:

a) When a primary school violates the provisions in Clause 1 of this Article, the Head of the Department of Education and Training establishes an inspection team, conducts the inspection, makes an inspection report assessing the actual situation of the primary school;

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Therefore, there are 6 cases leading to the decision of the Head of the Department of Education and Training to suspend educational operations for a primary school, including:

- The primary school engaging in fraudulent activities to be allowed to operate educational operations;

- The primary school failing to ensure one of the conditions for establishment or permission for establishment stipulated in Article 15 of Decree 46/2017/ND-CP and failing to ensure operational conditions of primary education stipulated in Article 17 of Decree 46/2017/ND-CP;

- Regarding the licensing authority: Unauthorized permission for educational operations;

- Regarding the education operation period: Failing to commence educational operations within 01 year from the date of being permitted to operate educational operations;

- Violating educational laws and being administratively sanctioned at the level that requires suspension;

- Other violations as stipulated by law.