Vietnam: Cases where a vocational education institution shall be suspended its vocational education operation

Cases where a vocational education institution shall be suspended its vocational education operation​

Pursuant to Clause 1, Article 20 of the Vocational Education Law 2014 of Vietnam, a vocational education institution shall be suspended its vocational education operation in the following cases:

- Commit fraud acts in order to be established or permitted for establishment or receive the Certificate in vocational education registration;

- Do not satisfy one of requirements as prescribed in Clause 1 Article 19 of the Vocational Education Law 2014;

- Organize vocational education activities when it is not granted the Certificate in vocational education registration;

- Commit violations against law on vocational education and face administrative penalty on suspension of activities;

- Other cases as prescribed.

Cases where a vocational education institution shall be suspended its vocational education operation​ (Image from the Internet)

Which authority has the power to suspend vocational education activities?

According to Clause 3, Article 20 of the Vocational Education Law 2014:

Suspension of vocational education

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3. The competent persons granting the Certificate in vocational education registration may suspend the vocational education activities. The Heads of vocational education authorities in the central government shall regulate the procedures for suspension of vocational education activities.

4. After the deadline for suspension of vocational education activities expires, if the problems for suspension are solved, the competent person in charge of suspension decision may make another decision on resuming the vocational education activities.

Thus, the authority with the power to suspend vocational education activities is the one that grants the certificate of registration for vocational education activities.

According to Article 16 of the Decree 143/2016/ND-CP of Vietnam's Government, as amended by Clause 12, Article 1 of Decree 24/2022/ND-CP, the authority for issuing the Certificate in vocational education registration is stipulated as follows:

Authority for issuing the Certificate in vocational education registration

1. The General Department of Vocational Education issues the Certificate in vocational education registration for colleges.

2. The Department of Labor, War Invalids and Social Affairs issues the Certificate in vocational education registration for intermediate schools, vocational education centers, continuous education and vocational education centers, and enterprises.

Therefore, the authority with the power to suspend vocational education activities are as follows:

- The General Department of Vocational Education for colleges;

- The Department of Labor, War Invalids and Social Affairs for intermediate schools, vocational education centers, continuous education and vocational education centers, and enterprises.

What is the procedure for suspending vocational education activities?

Based on Clause 2, Article 21 of the Decree 143/2016/ND-CP, as amended by Clause 17, Article 1 of Decree 24/2022/ND-CP, the procedure for suspending vocational education activities is as follows:

Step 1: Inspection and Evaluation of the Violations by the Vocational Education Institution

The authority that grants the certificate of registration for vocational education activities organizes inspections to evaluate the degree of violations by the vocational education institution, the continuous education and vocational education center, and enterprises.

Step 2: Decision to Suspend Vocational Education Activities

Based on the degree of violations, the competent authority decides to suspend vocational education activities;

In cases where vocational education activities are organized in accordance with the certificate of registration for vocational education activities, or additional registration certificates are issued without proper authority, the inspecting authority shall decide on suspension or recommend that the competent authority that issued the certificate of registration for vocational education activities suspend the activities;

After the suspension period of vocational education activities, if the cause of the suspension has been remedied, the authority that decided the suspension shall issue a decision to allow the continuation of vocational education activities.

Will a vocational education institution have its registration certificate revoked if it fails to rectify the cause after the suspension period?

According to Clause 1, Article 22 of the Decree 143/2016/ND-CP, as amended by Point a, Clause 18, Article 1 of Decree 24/2022/ND-CP, the regulations are as follows:

Revocation of the Certificate of Registration for Vocational Education Activities

1. A vocational education institution, continuous education and vocational education center, or enterprise has its certificate of registration revoked for vocational education activities or the additional registration certificate revoked when one of the following cases occur:

a) Violating regulations on organizing vocational education activities causing serious consequences;

b) After the suspension period of vocational education activities due to violations under Clause 1, Article 21 of this Decree, the cause of the suspension has not been remedied;

c) Violating the regulations of the law on vocational education resulting in administrative penalties at the level requiring revocation;

d) Failing to organize vocational education activities within 24 months from the date the certificate of registration for vocational education activities or the additional registration certificate was issued;

dd) Other cases as prescribed by law.

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Thus, if the vocational education institution fails to rectify the cause leading to the suspension by the end of the suspension period, it will have its certificate of registration for vocational education activities revoked.