According to Circular 12, what are the 02 cases of suspension of enrollment for a training program at a higher education institution in Vietnam?

According to Circular 12, what are the 02 cases of suspension of enrollment for a training program at a higher education institution in Vietnam?

Under Article 12 of Circular 02/2022/TT-BGDDT amended by Clause 6, Article 1 of Circular 16/2024/TT-BGDDT (effective from January 5, 2025).

Suspension of Training Programs

1. A training institution shall be suspended from enrollment in a training program in the following cases:

a) The program was offered conformably but fails to maintain all eligibility requirements for offering the program during operation as stipulated in this Circular;

b) Breach of other educational legal provisions requiring suspension of enrollment activities.

2. A training institution shall be suspended from operating a training program in the following cases:

a) Independently offering a training program or committing fraud to offer a training program without meeting the prescribed eligibility requirements;

b) The suspension period of enrollment has expired but the causes leading to the suspension of enrollment activities have not been remedied;

c) Breach of other educational legal provisions requiring suspension of training activities.

3. The Minister of Education and Training decides to suspend the enrollment or operation of a training program when there is a conclusion from the competent state management agency about the violations specified in Clause 1 and Clause 2 of this Article; the suspension period is from 6 to 12 months, based on the extent and nature of the violation. The suspension decision must specify the reason, scope, and suspension period and be publicly announced on mass media.

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Thus, under the above regulations, the 02 cases of suspension of enrollment for a training program at a higher education institution in Vietnam include:

[1] The program was offered conformably but fails to maintain all the eligibility requirements for offering according to the provisions of Circular 02/2022/TT-BGDDT;

[2] Breach of other educational legal provisions that necessitate suspension of enrollment operations.

*Note: Circular 16/2024/TT-BGDDT (effective from January 5, 2025)

According to Circular 12, what are the 02 cases of suspension of enrollment for a training program at a higher education institution in Vietnam? (Image from Internet)

What does the application for offering a training program at a higher education institution in Vietnam include?

Under Article 10 of Circular 02/2022/TT-BGDDT, the application for offering a training program at a higher education institution in Vietnam includes:

[1] An application form for offering the training program: An outline of the scheme development process, a report affirming the assurance of all the eligibility requirements required to offer the training program, and a request for approval from the competent authority.

[2] The scheme on offering an training program, verified as per Article 9 from Circular 02/2022/TT-BGDDT, ensuring complete compliance with the details specified in Article 8 of Circular 02/2022/TT-BGDDT.

[3] An official dispatch from the higher education institution approving the principles (for member units affiliated with the higher education institution when offering training programs in health and pedagogy training sectors).

What are the regulations regarding approval of the scheme on offering a training program at a higher education institution in Vietnam?

According to Article 11 of Circular 02/2022/TT-BGDDT, the regulations are as follows:

- For training institutions qualified for autonomous program offering (at various levels of training) under Clause 3, Article 33 of the Higher Education Law 2012 (amended and supplemented in 2018); detailed and guided by the Government's Decree on the elaboration of the Law on Amendments to Higher Education Law and other related legal provisions (except programs in Health, pedagogy training sectors, Security and National Defense, or when a training institution is a member unit of a higher education institution when offering a program with many other member units participating in the training), implementation is as follows:

+ The rector of the training institution decides on offering the program of the training institution for training departments and levels of higher education when the institution fully meets the eligibility requirements for offering according to Circular 02/2022/TT-BGDDT and other related legal provisions;

+ The rector of the training institution specifies the procedure for submitting applications to offer programs to report and decide on program implementation internally within the institution.

- For member units of a higher education institution (referred to as units) not yet eligible for autonomous program offering as prescribed by the Higher Education Law and other related legal provisions, or when a member unit of a higher education institution offers a program with multiple other member units participating in the training, (excluding programs in Health, pedagogy training sectors, Security, and National Defense):

+ The unit sends a application to the higher education institution to report and request the higher education institution's decision to offer the program;

+ The higher education institution's director decides on the offering of the training program for units that meet all eligibility requirements according to Circular 02/2022/TT-BGDDT and higher education institution regulations;

+ The higher education institution's director specifies the procedure for reporting and requesting the offering of programs and for deciding on program implementation internally within the higher education institution.

- For training institutions not yet eligible for autonomous program offering (excluding units belonging to universities), or during periods not permitted due to violations as prescribed by the Higher Education Law and related legal provisions, or for training programs in Health, pedagogy training sectors, Security and National Defense:

+ The training institution submits one application to the Ministry of Education and Training directly or via post or through the online service portal of the Ministry of Education and Training;

+ The Ministry of Education and Training receives and evaluates the application; if necessary, the Minister of Education and Training decides on organizing a team to inspect the quality assurance eligibility requirements at the training institution.

Specifically for training programs in the health sector, the Ministry of Education and Training seeks (in writing) the Ministry of Health’s opinion on the workforce demand and practical training eligibility requirements in the health program sector per Government regulations;

+ Within 30 working days from receipt of the training institution's application, the Minister of Education and Training issues a decision permitting the offering of the program if the application is complete and meets the eligibility requirements according to this Circular and other related legal provisions.

If the training institution's application is incomplete or does not meet the requirements, the Ministry of Education and Training notifies the institution in writing about the status of the application and unspecified contents as per regulations.

*Note: Circular 16/2024/TT-BGDDT (effective from January 5, 2025)