What are the regulatory requirements for establishment of language centers that conduct continuing education in Vietnam?

What are the regulatory requirements for establishment of language centers that conduct continuing education in Vietnam?

Under clause 2, Article 42 of Decree 125/2024/ND-CP, language centers are other centers that conduct continuing education.

The regulatory requirements for establishment of language centers that conduct continuing education in Vietnam are specified in Article 43 of Decree 125/2024/ND-CP as follows:

1. Have a site, facilities, classrooms, functional rooms and teaching and learning equipment meeting requirements for provision of continuing education curriculums at the center.

2. Have education curriculums, syllabuses and learning materials that meet requirements for continuing education curriculums provided at the center according to regulations promulgated by the Ministry of Education and Training.

3. Employ adequate administrative officers, teachers, staff and employees that meet standards in order to satisfy requirements for each continuing education curriculum provided at the center according to regulations promulgated by the Ministry of Education and Training.

4. Have the draft statutes of organization and operation of the center.

What are the regulatory requirements for establishment of language centers that conduct continuing education in Vietnam? (Image from Internet)

What are the procedures for establishment of language centers that conduct continuing education in Vietnam?

Under Article 44 of Decree 125/2024/ND-CP, the procedures for establishment of language centers that conduct continuing education in Vietnam are as follows:

1. Power to establish:

- A council of a university, academy; or council of a higher education institution or a pedagogy college has power to issue a decision on establishment of the center located within its precincts;

- The Director of the Department of Education and Training has power to decide the establishment of affiliated centers; give permission for establishment of centers affiliated to universities, academies, higher education institutions and pedagogy colleges and located outside their precincts; give permission for establishment of centers at the request of organizations and individuals.

2. An application includes:

- A written request for establishment or permission for establishment of the center (according to Form No. 01 Appendix I enclosed with Decree 125/2024/ND-CP);

- A proposal for establishment or permission for establishment of the center (according to Form No. 02 Appendix I enclosed with Decree 125/2024/ND-CP);

- Copies of legal documents proving land use rights and house ownership or agreement on rental of location for the center;

- A legal confirmation document on the amount of investment in establishment of the center affiliated to an university, academy, higher education institution or pedagogy college and located outside its precincts or the center proposed to be established by an organization/individual, ensuring legitimacy and conformity with the estimated scale at the time of application for establishment;

- Draft statutes of organization and operation of the center, specifying legal status, missions and powers of the center; organization and management structure; organization of educational activities; tasks and rights of administrative officers, teachers, staff, employees and learners; finances and assets of the center; other issues related to organization and operation of the center.

3. Procedures:

- The university, academy, higher education institution or pedagogy college (hereinafter referred to as “school"), organization or individual shall submit the application specified in clause 2 of Article 44 of Decree 125/2024/ND-CP in person, via online public service portal or by post, to the Department of Education and Training;

- Within 05 working days from the date of receipt of the sufficient application, if the application is unsatisfactory, the Department of Education and Training shall give a written notification of contents to be amended to the applicant;

- Within 10 days from the date of receipt of the sufficient and satisfactory application, the Department of Education and Training shall assess the application and realistic conditions concerning establishment of the center, and prepare an assessment report to assess the fulfillment of requirements mentioned in Article 43 of Decree 125/2024/ND-CP;

- Within 05 working days from the date of receipt of the assessment report, if the requirements are fulfilled, the Director of the Department of Education and Training shall issue a decision on establishment or permission for establishment of the center that conducts continuing education; if the requirements are not fulfilled, a written notification in which reasons should be clearly specified shall be sent to the applicant.

The decision on establishment or permission for establishment of the center that conducts continuing education (according to Form No. 10 Appendix I enclosed with this Decree) shall be publicly announced on mass media.

Shall language centers that conduct continuing education in Vietnam have their educational activities suspended?

According to Clause 1, Article 45 of Decree 125/2024/ND-CP, a language center that conducts continuing education in Vietnam ​shall have its educational activities suspended in one of the following cases:

- It commits any fraudulent act in order to obtain a license for establishment or permission for establishment;

- During operation, it fails to meet one of the requirements specified in Article 43 of this Decree;

- Its educational activities have not been conducted within the duration of 01 year from the date on which the decision on establishment or permission for establishment of the center is issued;

- It has committed any violation against regulations on imposition of penalties for administrative violations arising from educational activities to the extent that the decision on suspension thereof is issued;

- Other cases as prescribed by law.