Vietnam: What are the conditions for establishing schools in the National Educational System?

What are the conditions for establishing a school in the national educational system in Vietnam?

Under Clause 1, Article 49 of the Law on Education 2019, the conditions for establishing a school are stipulated as follows:

Conditions for school establishment and conditions for educational operation

1. A school is established when its establishment scheme is suitable with the planning of socio-economic development and of the educational institution network as prescribed in the Law on Planning.

The school establishment scheme shall specify the objectives, duties, programmes and contents of education; the land, infrastructure, equipment, provisional location for school construction, organisational structure, resources and finance; the strategic direction for building and developing the school. 

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Thus, a school is established when its establishment scheme is suitable with the planning of socio-economic development and of the educational institution network as prescribed in the Law on Planning 2017.

What are the conditions for establishing a school in the national educational system in Vietnam? (Image from the Internet)

When is a school in Vietnam allowed to operate in education?

According to Clause 2, Article 49 of the Law on Education 2019, a school is allowed to operate in education when it:

- Has land, infrastructure and equipment meeting the requirements on educational operation; location for school construction shall ensure a safe educational environment for learners, teachers and labour workers;

- Has educational programmes, teaching and learning materials appropriate to each educational level/training qualification; have teachers and managers that are qualified in quality and quantity and consistent in terms of structure, ensuring the implementation of educational programmes and organisation of educational operation;

- Is financially sufficient, as prescribed by law, to ensure maintenance and development of educational operation; and

- Has organisational and operational regulations of the school.

* Within a regulated period, if the school guarantees all the above conditions, it shall be granted permission to operate in education by a competent authority; when the period is over, if the school fails to secure the above conditions, the establishment decision or establishment permission shall be revoked.

When is a school in Vietnam suspended from educational operation?

According to Clause 1, Article 50 of the Law on Education 2019, a school is suspended from educational operation in the following cases:

- Fraud in committed to obtain the permission for educational operation;

- One of the conditions prescribed in clause 2 Article 49 of Law on Education 2019 is not satisfied;

- Permission for educational operation is not granted by a competent person;

- There is no educational operation within a regulated period of time starting from the date the permission for educational operation is granted;

- There is violation against education laws that leads to the school’s suspension;

- Other cases as prescribed by law.

Who has the authority to establish or permit the establishment of a school in Vietnam?

Under Clause 1, Article 52 of the Law on Education 2019, the authority is stipulated as follows:

Authority and procedure of establishment or establishment permission; permission of educational operation, suspension of educational operation; merger, division and dissolution of schools

1. The following persons have the power to establish public schools or to grant permission to establish people-founded and private schools:

a) Chairwomen/chairmen of district-level People's Committees have the power to decide establishment of junior kindergartens, senior kindergartens, primary schools, lower secondary schools, multi-level schools whose highest level is lower secondary, and day schools for ethnic children, except for the cases prescribed in point d of this clause;

b) Chairwomen/chairmen of provincial People's Committees have the power to decide for upper secondary schools, multi-level schools whose highest level is upper secondary, boarding general education schools for ethnic children, vocational secondary schools under provincial administration, except for the cases prescribed in point c and point d of this clause.

c) Ministers, Heads of ministry-level agencies have the power to decide establishment of vocational secondary schools under their direct management;

d) The Minister of Education and Training has the power to decide establishment of pre-university schools, pedagogical colleges and schools under ministerial management; junior kindergartens, senior kindergartens, primary schools, lower secondary schools, upper secondary schools as proposed by foreign diplomatic representative agencies and/or intergovernmental international organisations;

dd) The Minister of Labour - War Invalids and Social Affairs has the power to decide establishment of colleges, except for pedagogical colleges;

e) The Prime Minister has the power to decide establishment of institutions of higher education.

2. The Minister of Education and Training has the power to grant permission of educational operation to institutions of higher education. Authority in granting permission of educational operation to schools at other educational level/training qualification shall comply with the Government's regulations.

3. The persons having the power to establish school or grant permission for school establishment also have the power to revoke establishment decision or establishment permission, decide merger, division and dissolution of schools. The persons having the power to grant permission of educational operation also have the power to decide suspension of educational operation

In case of merger of schools that are not established by authorities of the same level, the superior authority shall make decisions; in case the establishing authorities are of the same level, they shall reach a consensus on decisions.

4. The Government shall provide for conditions and procedure of establishment or establishment permission; permission of educational operation, suspension of educational operation; merging, full division, partial division and dissolution of schools as prescribed in article 49, 50, 51 and 52 of this Law.

Thus, the authority to establish public schools and permit the establishment of people-founded schools and private schools is regulated as follows:

- Chairwomen/chairmen of district-level People's Committees have the power to decide the establishment of junior kindergartens, senior kindergartens, primary schools, lower secondary schools, multi-level schools whose highest level is lower secondary, and day schools for ethnic children, except for the cases prescribed in point d, clause 1, Article 52 of the Law on Education 2019;

- Chairwomen/chairmen of provincial People's Committees have the power to decide for upper secondary schools, multi-level schools whose highest level is upper secondary, boarding general education schools for ethnic children, vocational secondary schools under provincial administration, except for the cases prescribed in points c and d, clause 1, Article 52 of the Law on Education 2019;

- Ministers, Heads of ministry-level agencies have the power to decide establishment of vocational secondary schools under their direct management;

- The Minister of Education and Training has the power to decide establishment of pre-university schools, pedagogical colleges and schools under ministerial management; junior kindergartens, senior kindergartens, primary schools, lower secondary schools, upper secondary schools as proposed by foreign diplomatic representative agencies and/or intergovernmental international organisations;

- The Minister of Labour - War Invalids and Social Affairs has the power to decide establishment of colleges, except for pedagogical colleges;

- The Prime Minister has the power to decide establishment of institutions of higher education.