Do branches of Vietnamese higher education institutions in Vietnam have juridical personality?

Do branches of Vietnamese higher education institutions in Vietnam have juridical personality?

Based on point a, clause 1, Article 21 of the Law on Higher Education 2012 (amended by clause 15, Article 1 of the Amended Law on Higher Education 2018), the branches of Vietnamese higher education institutions in Vietnam are as follows:

Branches of higher education institutions

1. Branches of Vietnamese higher education institutions in Vietnam are regulated as follows:

a) Branches of Vietnamese higher education institutions in Vietnam are part of the organizational structure of the higher education institution, do not have legal entity status, and are established in provinces or centrally run cities different from the location of the main headquarters of the higher education institution, in line with the higher education institution network plan;

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Thus, branches of Vietnamese higher education institutions in Vietnam do not have juridical personality.

Additionally, branches of Vietnamese higher education institutions in Vietnam are part of the organizational structure of the higher education institution, established in different provinces or centrally affiliated cities from the main headquarters of the higher education institution, in line with the higher education institution network plan.

Do branches of Vietnamese higher education institutions in Vietnam have juridical personality? (Image from the Internet)

Do branches of Vietnamese higher education institutions in Vietnam perform the full functions of higher education institutions?

Based on point b, clause 1, Article 21 of the Law on Higher Education 2012 amended by clause 15, Article 1 of the Amended Law on Higher Education 2018, the regulation is as follows:

Branches of higher education institutions

1. Branches of Vietnamese higher education institutions in Vietnam are regulated as follows:

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b) Branches of Vietnamese higher education institutions in Vietnam perform part of the functions, tasks, and powers of the higher education institution as directed and managed by the principal of the higher education institution; report to the provincial People's Committee where the branch is located on activities related to local management authority;

c) The organizational structure and operation of branches of Vietnamese higher education institutions follow the organizational and operational regulations of the higher education institution.

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Thus, branches of Vietnamese higher education institutions in Vietnam do not perform the full functions of higher education institutions but only part of the functions as directed and managed by the principal of the higher education institution.

What are requirements for establishment of the branch of a public higher education institution, or approval of establishment of the branch of a private higher education institution in Vietnam?

Based on Article 91 of Decree 46/2017/ND-CP (amended by clause 37, Article 1 and annulled by Article 2 of Decree 135/2018/ND-CP), the requirements for establishment of the branch of a public higher education institution, or approval of establishment of the branch of a private higher education institution in Vietnam are as follows:

- There must be a proposal for the establishment of the branch.

- There must be a written agreement on the establishment of the branch from the provincial People's Committee where the higher education institution will place the branch.

- The branch must have a minimum land area of 2 hectares for construction (in special cases, the Minister of Education and Training will review and decide), with an average minimum of 25 m2/student at the time the branch has a stable training scale after 10 years of development.

- For branches of public higher education institutions, there must be an investment project approved by the managing agency, clearly identifying the capital source for implementation as per the plan; for branches of private higher education institutions, there must be a minimum investment capital of 250 billion VND (excluding the value of the land for branch construction);

Investment capital is determined through cash and assets prepared for investment and confirmed in writing by the competent authority; at the time of appraisal for permitting the establishment of the private higher education institution branch, the investment value must exceed 150 billion VND.

What does the documentation for establishment of the branch or approval of establishment of the branch in Vietnam include?

According to clause 2, Article 92 of Decree 46/2017/ND-CP (amended by clause 38, Article 1 of Decree 135/2018/ND-CP), the documentation for establishment of the branch or approval of establishment of the branch in Vietnam include includes:

- Establishing a new branch:

+ An application for approval of the establishment of the branch from the managing agency of the public higher education institution or an application for approval from the Chairperson of the Board of Trustees of the private higher education institution.

The main content of the application for approval of the establishment or permission to establish the branch needs to clearly state:

++ The necessity, name, legal position, establishment objectives;

++ Construction and development plan for each stage;

++ Functions, tasks, organizational structure, management, and personnel;

++ Majors and training scale;

++ Financial resources;

++ Land, facilities for the branch;

+ Written agreement from the provincial People's Committee on the establishment of the higher education institution branch locally. The agreement needs to clearly state:

++ The necessity and suitability of establishing the branch with the local socio-economic development plan;

++ Policy on land allocation or lease for branch construction, location of land, and the local capacity to cooperate and facilitate the branch's construction and development;

++ Legal documents on land use rights (if any);

+ The scheme for the establishment of the branch. The content of the scheme needs to clearly state:

++ The necessity of establishing the branch;

++ Legal basis for the scheme; strategic direction for construction and development of the branch in each stage;

++ Name, location, legal position, functions, and tasks of the branch;

++ Management structure, major fields, and training scale;

++ Number, structure of lecturers and management staff; branch construction planning;

++ Solutions for implementing the scheme: organizational and personnel structure, facilities construction solutions, financial solutions, steps to implement the scheme and priority tasks, and accompanied evidence on branch establishment conditions.

+ For dossiers requesting permission to establish a private higher education institution branch, in addition to the aforementioned documents, the dossier must include investment commitments from the Board of Trustees and accompanying evidence of the higher education institution's financial capability confirmed by the competent authority.

- Establishing a branch of a higher education institution based on an existing educational institution:

+ An application for approval of the branch establishment policy from the managing agency of the public higher education institution and the existing educational institution or an application for approval for the establishment from the Chairperson of the Board of Trustees of the private higher education institution and the existing educational institution.

The main content of the application for approval for the branch establishment or permission to establish the branch needs to clearly state:

++ The necessity, name, legal position, establishment objectives;

++ Construction and development plan for each stage; functions, tasks, organizational structure, management, and personnel;

++ Majors and training scale; financial resources;

++ Land, facilities for the branch;

+ Written agreement on the establishment of the branch from the provincial People's Committee where the branch is located.