Is a Proposal required for establishment of public primary schools in Vietnam?

Is a Proposal required for establishment of public primary schools in Vietnam?

Based on the regulations in Clause 1, Article 15, Decree 46/2017/ND-CP:

Conditions for establishing a public primary school and allowing for the establishment of a private primary school

1. There must be a proposal for establishing the school in line with the network planning of educational institutions approved by a competent state management authority, meeting the local socio-economic development requirements, and facilitating children to attend school to ensure the implementation of universal primary education.

2. The school establishment proposal must specify the goals, tasks, educational programs, facilities, equipment, proposed campus location and area; organizational structure, resources, and finances; strategic directions for building and developing the school.

Based on the above regulations, the establishment of a public primary school will require a proposal that aligns with the network planning of educational institutions approved by a competent state management authority.

Is a Proposal required for establishment of public primary schools in Vietnam? (Image from the Internet)

What is the procedure for establishing a public primary school in Vietnam?

According to Clause 1, Article 16, Decree 46/2017/ND-CP (amended by Clause 8, Article 1, Decree 135/2018/ND-CP and several clauses annulled by Article 2 of Decree 135/2018/ND-CP):

Step 1: Prepare the dossier including:

- Application for school establishment;

- School establishment proposal;

- Curriculum vitae with copies issued from the original register, certified copies, or copies accompanied by the original for comparison of valid degrees and certificates of the proposed principal;

Step 2: Procedure:

- The commune People's Committee for public primary schools, organizations, or individuals for private primary schools, submit directly or by post, one set of documents to the District Department of Education and Training;

- The Department of Education and Training receives the dossier. Within 05 working days from the receipt of the dossier, if unsatisfactory, notify in writing the contents to be corrected or supplemented to the organization or individual.

Within 15 working days from the receipt of complete and valid dossiers, the Department of Education and Training, in coordination with relevant specialized departments, shall appraise the dossier and the actual conditions for establishing or permitting the establishment of the primary school.

If the conditions are met, the Head of the Department of Education and Training shall provide written opinions and send the dossier for establishing or permitting the establishment of the school to the district-level People's Committee;

- Within 05 working days from the receipt of a complete and valid dossier, the Chairman of the district-level People's Committee shall decide to establish or permit the establishment. If it has not been decided to establish or permit the establishment of the school, then a written notice shall be sent to the Department of Education and Training, the commune People's Committee, and the organization or individual requesting the establishment, stating the reasons.

- After 02 years from the effective date of the decision to establish or permit the establishment, if the primary school is not allowed to operate, the Department of Education and Training shall report to the Chairman of the district-level People's Committee to cancel the decision to establish or permit the establishment of the school.

* The Chairman of the district-level People's Committee shall decide to establish a public primary school or permit the establishment of a private primary school.

How to dissolve a primary school in Vietnam?

To dissolve a primary school, follow the regulations in Article 21 Decree 46/2017/ND-CP as follows:

- A primary school shall be dissolved when one of the following cases occurs:

[1] Serious violations of the regulations on organization and operation of the primary school;

[2] The education suspension period stated in the suspension decision expires, but the reasons for the suspension have not been remedied;

[3] The objectives and activities stated in the establishment decision or permission to establish no longer match the local socio-economic development requirements;

[4] At the request of the organization or individual establishing the primary school.

* Prepare the dossier including:

- For dissolution in cases [1] [2] [3], the dossier includes:

+ Application for dissolution from the Department of Education and Training;

+ Education suspension dossier;

+ Documents about the failure to remedy the reasons for the suspension of educational activities;

+ Decision on the establishment of the inspection team;

+ Inspection record.

- For dissolution in case [4], the dossier includes:

+ Application for dissolution from the organization or individual;

+ Application for dissolution from the Department of Education and Training.

* Procedure:

- The Department of Education and Training shall inspect and evaluate the violation levels under points a, b, and c Clause 1 of this Article or consider the dissolution request of the organization or individual establishing the primary school; report in writing to the Chairman of the district-level People's Committee to issue a dissolution decision;

- The Chairman of the district-level People's Committee shall issue a dissolution decision within 20 working days from the date of receipt of the complete dossier. The dissolution decision must state the reasons for dissolution, measures to ensure the legitimate rights and interests of students, teachers, administrators, and employees, and must be published openly in the mass media.

* The Chairman of the district-level People's Committee shall decide on the dissolution for public primary schools or permit the dissolution for private primary schools.