Is the merger of higher education institutions allowed in Vietnam?

Is the merger of higher education institutions allowed in Vietnam?

Under Article 102 of Decree 125/2024/ND-CP on the merger or division of higher education institutions in Vietnam:

Merger or division of higher education institutions

1. A higher education institution is merged or divided when the requirements specified in Article 24 of the Law on Higher Education are met.

2. The Prime Minister shall issue a decision on merger or division of a higher education institution.

3. Application:

a) A written request for merger or division of the higher education institution, made by the competent management authority (regarding a public higher education institution) or the private education institution (according to Form No. 08 Appendix III enclosed with this Decree) enclosed with written opinions given by the People's Committee of province where the higher education institution is based after merger or division;

b) Written approval from the investor owning at least 75% of total contributed capital for merger or division of the private higher education institution;

c) A proposal for merger or division of the higher education institution (according to Form No. 09 Appendix III enclosed with this Decree).

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Under Article 24 of Law on Higher Education 2012 on the merger or division of higher education institutions in Vietnam:

Merger or division of higher education institutions

The merger or division of higher education institutions must ensure the following requirements:

1. Conformable with the higher education institution network planning;

2. Satisfying the demands for socio-economic development;

3. Assuring the interests of lecturers, officials, employees and students;

4. Contributing to higher education quality and efficiency improvement.

Thus, Vietnamese law permits the merger of higher education institutions if the following requirements are met:

- Conformable with the higher education institution network planning;

- Satisfying the demands for socio-economic development;

- Assuring the interests of lecturers, officials, employees and students;

- Contributing to higher education quality and efficiency improvement.

Is the merger of higher education institutions allowed in Vietnam? (Image from the Internet)

What are the cases of dissolution of a higher education institution in Vietnam?

Under clause 1, Article 103 of Decree 125/2024/ND-CP, a higher education institution is dissolved in the following cases:

- It has committed serious violations against regulations of law on management, organization or operation of a higher education institution or a branch/campus of a higher education institution;

- It fails to rectify the violation that leads to its suspension by the deadline indicated in the decision on suspension of training activities;

- Training objectives and contents indicated in the decision on establishment or permission for establishment of the higher education institution or the branch/campus of the higher education institution are no longer suitable with the requirements for national and local socio-economic development;

- The higher education institution or the branch/campus of the higher education institution shall be dissolved at the request of the organization/individual establishing the higher education institution or the branch/campus of the higher education institution;

- 05 years from the effective date of the decision on establishment or permission for establishment, the higher education institution or the branch/campus of the higher education institution fails to fulfill the commitment indicated in the approved proposal.

What are the requirements to be satisfied by universities in Vietnam for the provision of training?

According to Article 96 of Decree 125/2024/ND-CP, the requirements to be satisfied by universities in Vietnam for provision of training are:

- Be issued with a decision on establishment or permission for establishment of the university by the Prime Minister.

- Own facilities and equipment meeting standards of training with regard to proposed fields and disciplines of training, and admission capacity according to regulations issued by the Ministry of Education and Training.

- Develop training programs, syllabus, teaching and learning materials meeting standards of training with regard to proposed fields and disciplines of training, and admission capacity according to regulations issued by the Ministry of Education and Training.

- Employ sufficient tenured lecturers and administrative officers that meet professional standards and requirements for proposed fields and disciplines of training, and admission capacity according to regulations issued by the Ministry of Education and Training.

- Have a sufficient amount of financial resources in order to maintain and develop training as committed in the establishment proposal.

- Have the statutes of organization and operation of the university.