Vietnam: What is the newest written request form for merger or division of higher education institutions under Decree 125?

What is the newest written request form for merger or division of higher education institutions in Vietnam under Decree 125?

The newest written request form for merger or division of higher education institutions in Vietnam is Form No. 08 issued in Appendix 3 attached to Decree 125/2024/ND-CP.

The newest written request form for merger or division of higher education institutions in Vietnam - Form No. 08 is as follows:

Download the newest written request form for merger or division of higher education institutions in Vietnam - Form No. 08

What is the newest written request form for merger or division of higher education institutions in Vietnam under Decree 125? (Image from Internet)

What does the application for merger or division of higher education institutions in Vietnam include?

Under Clause 3, Article 102 of Decree 125/2024/ND-CP, the application for merger or division of higher education institutions in Vietnam includes:

- 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 Decree 125/2024/ND-CP) enclosed with written opinions given by the People's Committee of province where the higher education institution is based after merger or division;

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

- A proposal for merger or division of the higher education institution (according to Form No. 09 Appendix III enclosed with Decree 125/2024/ND-CP).

What are the procedures for merger or division of higher education institutions in Vietnam?

Under Clause 4, Article 102 of Decree 125/2024/ND-CP regarding the procedures for merger or division of higher education institutions in Vietnam:

1) An organization/individual shall submit an application specified in clause 3 of Article 102 of Decree 125/2024/ND-CP in person, via online public service portal or by post, to the Ministry of Education and Training;

2) Within 15 days from the date of receipt of the sufficient application, if the application is unsatisfactory, the Ministry of Education and Training shall give a written notification to the competent management authority (in case of the public higher education institution) or the private higher education institution for amendments/additions to the application;

3) Within 30 days from the date of receipt of the sufficient and satisfactory application, the Ministry of Education and Training shall preside over and cooperate with the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Planning and Investment, the People's Committee of province where the higher education institution is based and relevant ministries and central authorities in organizing assessment of the application and realistic conditions concerning merger or division of the higher education institution; preparing an assessment report; and submitting the report to the Prime Minister for consideration and decision.

The decision on merger or division of the higher education institution (according to Form No. 13 Appendix III enclosed with Decree 125/2024/ND-CP) shall be publicly announced on mass media;

4) Within 10 days from the date on which the Prime Minister issues the decision on merger or division of the higher education institution, the Minister of Education and Training shall issue a decision on permission for establishment of a new higher education institution after merger or division.

What are the regulatory requirements for establishment of public universities or permission for establishment of private universities in Vietnam?

Under Article 94 of Decree 125/2024/ND-CP stipulating the regulatory requirements for establishment of public universities or permission for establishment of private universities in Vietnam:

- A project on establishment of a university shall be set up. Such project shall be consistent with an approved planning for network of higher education and pedagogy institutions.

- It is required to obtain a written consent for establishment of the university to be located within a central-affiliated city or province from the People’s Committee of the province where the university is based (except when the university is affiliated to the provincial People's Committee) and a written certification of land use rights.

- The university shall reserve at least 05 hectares of land used for construction of its head office. The university shall be located within a safe and convenient environment for the university’s students, teachers, administrative officers and staff; the university shall be located at a safe distance from service providers, production establishments or warehouses storing goods that cause environmental pollution, toxic chemicals or inflammable substances and not be located in a hazard zone.

- Regarding a public university, a construction investment project, clearly identifying capital source for construction under a plan shall be set up and approved by a competent management authority Regarding a private university, the investment capital shall be at least VND 1.000 billion (excluding the value of land used for construction of the university); the investment capital shall include cash and assets intended for investment, and be certified in writing by a competent agency; until the time of assessment for permission for establishment of the private university, the actualized investment must be more than VND 500 billion.