Does the National Defense and Security Education Center in Vietnam have juridical personality?

Does the National Defense and Security Education Center in Vietnam have juridical personality?

According to Article 2 of Joint Circular 123/2015/TTLT-BQP-BGDDT-BLDTBXH:

Position and function of the center

The center acts as a public service provider, has juridical personality, its own account, and seal; the center has the function of national defense and security education, fostering national defense and security knowledge for subjects as prescribed by law.

Thus, the National Defense and Security Education Center is a public service provider. It has juridical personality, its own account, and seal.

Does the national defense and security education center in Vietnam have juridical personality?​ (Image from the Internet)

What are the operating principles of the National Defense and Security Education Center in Vietnam?

According to the provisions of Article 3 of Joint Circular 123/2015/TTLT-BQP-BGDDT-BLDTBXH, the operating principles of the National Defense and Security Education Center are as follows:

- Strictly adhere to the policies, guidelines, and laws of the Communist Party and State; operate under the leadership of the party committee, party organization, and management of the director or school principal.

- Closely combine national defense and security education (abbreviated as GDQPAN) with political and ideological education, legal dissemination, education, and building a comprehensively strong center.

- Provide comprehensive education, with focuses and priorities, in forms suitable for each subject; combine theory with practice, and academic knowledge with practical training.

What are conditions for establishing the National Defense and Security Education Center in Vietnam?

According to Clause 1, Article 6 of Joint Circular 123/2015/TTLT-BQP-BGDDT-BLDTBXH, the conditions for establishing the National Defense and Security Education Center are as follows:

Conditions and authority to establish the center

1. Conditions for establishment: Implement according to Clause 2, Article 1 of Decision No. 161/QD-TTg dated January 30, 2015, by the Prime Minister of the Government of Vietnam approving the planning of the national defense and security education center system for the period 2015 - 2020 and subsequent years (hereinafter referred to as Decision No. 161/QD-TTg).

Thus, the conditions for establishing the National Defense and Security Education Center are implemented according to the provisions of Clause 2, Article 1 of Decision 161/QD-TTg 2015.

According to Clause 2, Article 1 of Decision 161/QD-TTg 2015, the conditions for establishing the National Defense and Security Education Center are as follows:

Military schools, professional colleges, and higher education institutions with the following conditions are allowed to establish the center:

- Conformity with the system of military schools, vocational colleges, and higher education institutions;

- For provinces in border and mountainous areas, remote and isolated areas: Annually, at least 2,000 students; other areas must have at least 5,000 students annually;

- Availability of land, infrastructure, lecture halls, and facilities to ensure the tasks of studying, practicing, and staying in a military environment; training grounds, training fields, shooting ranges or conditions to link the implementation of the national defense and security education course according to regulations;

- A sufficient number of tenured lecturers meeting the standard qualifications as stipulated by law, and a management team to carry out the tasks.

Who has the authority to establish the National Defense and Security Education Center in Vietnam?

According to Clause 2, Article 6 of Joint Circular 123/2015/TTLT-BQP-BGDDT-BLDTBXH, the authority to establish the National Defense and Security Education Center is as follows:

- The Minister of National Defense decides to establish centers under military schools;

- The Minister of Education and Training decides to establish centers under colleges, higher education institutions; the Ministers of the Ministries: Industry and Trade; Transport; Culture, Sports and Tourism act according to the provisions at Point a, Clause 7, Article 2 of Decision 161/QD-TTg 2015;

- The Chairman of the People’s Committee of the province or centrally-run city acts according to the provisions at Point a, Clause 8, Article 2 of Decision 161/QD-TTg 2015.

What are regulations on application and procedures for establishing the National Defense and Security Education Center in Vietnam?

According to the provisions of Article 7 of Joint Circular 123/2015/TTLT-BQP-BGDDT-BLDTBXH, the regulations on application and procedures for establishing the National Defense and Security Education Center in Vietnam are as follows:

- Appplication for establishment

+ Proposal to establish the center;

+ Scheme for establishing the center including the following main contents: Center's name; center's location; necessity and legal basis for establishing the center; objectives, functions, tasks, and organizational structure of the center; regulations and necessary conditions for the center's operation.

- Procedures for establishment

Step 1: Military schools, professional colleges, higher education institutions proposing to establish the center shall prepare dossiers according to the provisions of Clause 1, Article 7 of Joint Circular 123/2015/TTLT-BQP-BGDDT-BLDTBXH and submit 02 sets of dossiers to competent evaluation agencies.

Step 2: Within 30 working days from the date of receipt of the proposal dossier to establish the center, the presiding evaluation agency shall complete the dossier and procedure and submit it to the competent authority for consideration and decision to establish the center.

In cases where conditions for establishment are not yet met, the competent authority shall respond in writing and clearly state the reasons.