Can a private school in Vietnam be converted into a public one?

Can a private school in Vietnam be converted into a public one?

Under Article 47 of the Education Law 2019, the types of schools in the national education system are regulated as follows:

Types of schools in the national educational system

1. Schools in the national educational system are organized in the following types:

a) Public schools whose investment is made, operating conditions are guaranteed and ownership is represented by the State;

b) People-founded schools whose infrastructure is invested and operating conditions are guaranteed by local residential communities such as organisations and individuals in hamlets, villages, wards, districts, towns.

The people-founded type is only applicable to institutions of preschool education;

c) Private schools whose investment is made and operating conditions are guaranteed by domestic investors or foreign investors.

Not-for-profit private schools are schools whose investors guarantee and uphold commitments to operate not for the sake of profit, stated in the establishment decision or decision of converting school types; with non-profit operation, no capital withdrawal, no income earning; annual accumulated earnings belong to the undivided and joint possession so as to continue developing the schools.

2. The conversion of school types in the national educational system are conducted as follows:

a) Only convert from private school to not-for-profit private school;

b) Implement provisions prescribed in charters and in organisational and operational regulations of school type at each educational level/training qualification;

c) Ensure rights of teachers, lecturers, education managers, labour workers and learners;

d) Do not cause losses of land, fund or assets.

3. The Government shall provide for the conversion of school type as prescribed in clause 2 of this Article.

Thus, Vietnamese law permits conversion from private schools to not-for-profit public schools.

Not-for-profit private schools are schools whose investors guarantee and uphold commitments to operate not for the sake of profit, stated in the establishment decision or decision of converting school types; with non-profit operation, no capital withdrawal, no income earning; annual accumulated earnings belong to the undivided and joint possession so as to continue developing the schools.

Can a private school in Vietnam be converted into a public one? (Image from the Internet)

What does the application for converting from a private school to a not-for-profit public one in Vietnam include?

The application for converting from a private school to a not-for-profit public one in Vietnam is stipulated in clause 1, Article 7 of Decree 84/2020/ND-CP and includes:

- Written request for converting private institutions for general education to not-for-profit institutions for general education, which specifies the necessity for converting; not-for-profit operational principles and purposes; stakes and indivisible common ownership by consolidation of private junior kindergartens, senior kindergartens, and preschools (if any);

- Documents of investors representing at least 75% of the total capital of private institutions for general education converting to not-for-profit institutions for general education on guaranteeing not-for-profit operations, not withdrawing capital, not benefitting from profit, and that the annually accrued profit is classified as indivisible common ownership by consolidation for continuous investment development of institutions for general education;

- Draft organizational and operational regulations; draft internal financial regulations of private not-for-profit institutions for general education;

- Copies from the master registers, verified true copies or copies attached to master registers of audit result reports; agreements on dealing with capital of investors who reject conversion of private institutions for general education to not-for-profit (if any); documents related to land, assets, finance, organization and personnel of private institutions for general education to be converted to not-for-profit institutions for general education;

- Assessment reports on the impact of changes in personnel, finance, assets and methods of processing;

- Decision on the establishment of private institutions for general education, decisions on acknowledging present principals of private institutions for general education, and other relevant documents (if any).

What are the procedures for converting from a private school to a not-for-profit public one in Vietnam?

The procedures for converting from a private school to a not-for-profit public one in Vietnam are stipulated in Clause 2, Article 7 of Decree 84/2020/ND-CP as follows:

- An institution for general education shall submit 1 application specified under Clause 1 of this Article in person, postal service or online and 1 physical copy to the district-level People’s Committee in case of private primary schools, private lower secondary schools and multi-level schools whose highest level of education is lower secondary education level invested and operationally guaranteed by domestic investors; to People’s Committees of provinces in case of private upper secondary schools and private multi-level schools whose highest level of education is upper secondary education level invested and operationally guaranteed by domestic investors and private institutions for general education invested and operationally guaranteed by foreign investors; to Ministry of Education and Training in case of private institutions for general education applied by diplomatic missions and inter-government international organizations;

- Within 20 working days from the date on which adequate application is received, Agencies of Education and Training in case of private primary schools, private lower secondary schools, and multi-level schools whose highest level of education is lower secondary education level invested and operationally guaranteed by domestic investors; Departments of Education and Training in case of private upper secondary schools and private multi-level schools whose highest level of education is upper secondary education level invested and operationally guaranteed by domestic investors and private institutions for general education invested and operationally guaranteed by foreign investors shall organize application appraisal and present People’s Committees of districts or People’s Committees of provinces respectively to decide on conversion.

Within 20 working days from the date on which adequate application is received, the Ministry of Education and Training shall organize application appraisal and decide on the conversion in case of Departments of Education and Training in case private institutions for general education applied by foreign diplomatic missions and inter-government international organizations.

Decisions on conversion shall be publicized on the websites of agencies that decide on the conversion.

- In case of inadequate application, within 5 working days from the date on which the application is received, People’s Committees of districts, People’s Committees of provinces, or Ministry of Education and Training shall submit notice to private institutions for general education and specify reasons.