Vietnam: When shall a higher education institution be subject to suspension of its educational operations? Who have the authority to issue the decision on suspension of educational operations of a higher education institution?

When shall a higher education institution be subject to suspension of its educational operations?

According to the provisions of Article 95 of Decree 46/2017/ND-CP of Vietnam's Government, a higher education institution shall be subject to suspension of its educational operations when the following situations occur:

(1) The requesting institution has committed any fraudulent act in order to approval of establishment or permission for establishment or the license for its educational operations;

(2) The requesting institution has failed to meet one of the stipulated licensing requirements for its educational operations as prescribed by this Decree;

(3) The license for its educational operations has been granted ultra vires;

(4) The requesting institution has committed violations against laws on education to the extent that it has to be subject to suspension of its educational operations imposed as an administrative penalty;

(5) As otherwise prescribed by laws and regulations.

- Simultaneously, the Minister of Education and Training shall have authority to issue the decision on suspension of educational operations of a higher education institution or a branch of a higher education institution.

- The suspension decision must clearly specify reasons for such suspension, duration of suspension, provide approaches to assuring legal rights and benefits of students, teachers, administrative officers and employees and must be made known to the public through mass media.

- Upon expiration of the duration of suspension, if causes resulting in such suspension have been corrected, the competent person vested authority to grant the suspension decision shall issue a decision on permission for restoration of educational operations of a higher education institution or a branch of a higher education institution and must make that decision known to the public through mass media. In case of refusal to grant permission for restoration of educational operations, a written notice must be sent to the requesting institution, give clear reasons for such refusal and provide any possible solution.

- Documents submitted to request restoration of educational operations shall be composed of the followings:

+ The request form for permission for restoration of educational operations;

+ The decision on establishment of the inspection team;

+ The inspection report.

- Grant of permission for restoration of educational operations of a higher education institution or a branch of a higher education institution shall be subject to the procedures prescribed by Clause 3 Article 90 of Decree 46/2017/ND-CP.

When shall a higher education institution be subject to suspension of its educational operations? Who have the authority to issue the decision on suspension of educational operations of a higher education institution? (Image from the Internet)

Who have the authority to issue the decision on suspension of educational operations of a higher education institution?

According to the provisions of Clause 2 Article 95 of Decree 46/2017/ND-CP:

Suspension of educational operations of a higher education institution or a branch of a higher education institution

...

2. The Minister of Education and Training shall have authority to issue the decision on suspension of educational operations of a higher education institution or a branch of a higher education institution.

3. The suspension decision must clearly specify reasons for such suspension, duration of suspension, provide approaches to assuring legal rights and benefits of students, teachers, administrative officers and employees and must be made known to the public through mass media.

...

Thus, the authority to decide on the suspension of training activities at a university lies with the Minister of Education and Training.

*Note: The suspension decision must clearly specify reasons for such suspension, duration of suspension, provide approaches to assuring legal rights and benefits of students, teachers, administrative officers and employees and must be made known to the public through mass media.

What are the duties and powers of universities?

According to the provisions of Article 28 Higher Education Law 2012, with phrases abolished by Point c, Clause 2, Article 77 Vocational Education Law 2014 and Clause 2, Article 2 Amended Higher Education Law 2018, the duties of universities are as follows:

- Developing strategies and development plans for higher education institutions.

- Implementing training activities, science and technology, international cooperation, ensuring the quality of higher education.

- Developing training programs according to set goals; ensuring the continuity between programs and training levels.

- Organizing the apparatus; recruiting, managing, building, and fostering the team of lecturers, administrative staff, public employees, and workers.

- Managing learners; ensuring the rights and legitimate interests of lecturers, public employees, staff, administrative personnel, and learners; allocating funds to implement social policies for policy beneficiaries, those in ethnic minority areas, areas with especially difficult socio-economic conditions; ensuring a pedagogical environment for educational activities.

- Self-evaluating training quality and undergoing quality assessment.

- Being allocated or leased land, physical facilities by the State; being exempted or reduced taxes as prescribed by law.

- Mobilizing, managing, and using resources; building and strengthening physical infrastructure, and investing in equipment.

- Cooperating with economic, educational, cultural, sports, health, and scientific research organizations at home and abroad.

- Implementing information policies, reporting, and undergoing inspection and examination by the Ministry of Education and Training, relevant ministries, and central authorities and the Provincial People's Committee where the higher education institution headquarters or training activities are located as prescribed.

- Other duties and powers as prescribed by law.