What are the cases of suspension of educational activities conducted by other centers that conduct continuing education in Vietnam?

What are the cases of suspension of educational activities conducted by other centers that conduct continuing education in Vietnam?

Under Clause 1, Article 45 of Decree 125/2024/ND-CP, a center shall have its educational activities suspended in one of the following cases:

- It commits any fraudulent act in order to obtain a license for establishment or permission for establishment;

- During operation, it fails to meet one of the requirements specified in Article 43 of this Decree;

- Its educational activities have not been conducted within the duration of 01 year from the date on which the decision on establishment or permission for establishment of the center is issued;

- It has committed any violation against regulations on imposition of penalties for administrative violations arising from educational activities to the extent that the decision on suspension thereof is issued;

- Other cases as prescribed by law.

What are the cases of suspension of educational activities conducted by other centers that conduct continuing education in Vietnam? (Image from the Internet)

What are the procedures for suspension of educational activities conducted by other centers that conduct continuing education in Vietnam?

Under Clauses 2 and 3, Article 45 of Decree 125/2024/ND-CP, the procedures for suspension of educational activities conducted by other centers that conduct continuing education in Vietnam are stipulated as follows:

Step 1: When detecting that the center has committed one of the violations prescribed by clause 1 of this Article, the Department of Education and Training shall carry out inspection to assess the current status, make an inspection record and notify the center of any violation;

Step 2: Within 15 days from the date on which the center is notified of the violation, the Director of the Department of Education and Training shall issue a decision on suspension of educational activities conducted by the center.

The decision on suspension of educational activities conducted by the center that conducts continuing education (according to Form No. 10 Appendix I enclosed with Decree 125/2024/ND-CP) shall be publicly announced on mass media.

Step 3: During the period of suspension, if the violation resulting in the suspension is eliminated, the center shall send a written notification enclosed with proof to the Director of the Department of Education and Training. Within 07 working days from the date of receipt of the written notification from the center, the Director of the Department of Education and Training shall issue a decision on permission for resumption of educational activities which must be publicly announced on mass media.

Note: The Director of the Department of Education and Training shall issue a decision on suspension of educational activities conducted by any center within his/her jurisdiction according to regulations in point b clause 1 Article 44 of Decree 125/2024/ND-CP.

What are the regulations on merger or division of other centers that conduct continuing education in Vietnam?

Under Clause 3, Article 46 of Decree 125/2024/ND-CP, the regulations on merger or division of other centers that conduct continuing education in Vietnam are as follows:

Merger or division of other centers that conduct continuing education

1. A center is merged or divided when the following requirements are met:

- Protect rights and interests of teachers and learners;

- Contribute to improvement of quality and effectiveness of education;

- A new center established after merger or division shall meet the requirements specified in Article 43 of this Decree.

2. The Director of the Department of Education and Training shall issue a decision on merger or division of any center within his/her jurisdiction according to regulations in point b clause 1 Article 44 of this Decree.

3. An application includes:

- A written request for merger or division of the center (according to Form No. 04 Appendix I enclosed with this Decree);

- A proposal for merger or division of the center (according to Form No. 05 Appendix I enclosed with this Decree);

- Written approval from the investor owning at least 75% of total contributed capital for merger or division of the private center.

4. Procedures:

Step 1: The school, organization or individual shall submit an application specified in clause 3 of this Article in person, via online public service portal or by post, to the Department of Education and Training;

Step 2: Within 05 working days from the date of receipt of the sufficient application, if the application is unsatisfactory, the Department of Education and Training shall give a written notification of contents to be amended to the applicant. If the application is satisfactory, the Department of Education and Training shall preside over and cooperate with other relevant agencies in assessing the application and realistic conditions concerning merger or division of the center; and preparing an assessment report to assess the fulfillment of requirements mentioned in (1) within 10 days;

Step 3:  Within 05 working days from the date of receipt of the assessment report, if the requirements are fulfilled, the Director of the Department of Education and Training shall issue a decision on merger or division of the center; if the requirements are not fulfilled, he/she shall send a written notification in which reasons should be clearly specified to the applicant;

The decision on merger or division of the center that conducts continuing education (according to Form No. 10 Appendix I enclosed with Decree 125/2024/ND-CP) shall be publicly announced on mass media.