What are cases of suspension of educational operations of a primary school in Vietnam?

What are cases of suspension of educational operations of a primary school in Vietnam?

According to Clause 1, Article 20 of Decree 46/2017/ND-CP, there are 6 cases leading to the decision of the Head of the Division of Education and Training to suspend educational operations of a primary school, including:

- The primary school engages in fraudulent activities to obtain permission to operate educational operations;

- The primary school does not ensure one of the conditions for establishment or permission to establish as specified in Article 15 of Decree 46/2017/ND-CP and does not ensure the conditions for primary education operation as stipulated in Article 17 of Decree 46/2017/ND-CP;

- In terms of licensing authority: The person granting permission for educational operations does not have the proper authority;

- Regarding the duration of educational operations: No educational operations have been conducted within 1 year from the date of permission for educational operations;

- Violating legal regulations on education resulting in administrative penalties requiring suspension;

- Other violations as stipulated by law.

What are cases of suspension of educational operations of a primary school in Vietnam? (Image from the Internet)

Vietnam: How to handle a primary school if causes of its suspension have not been corrected yet?

Based on Article 21 of Decree 46/2017/ND-CP, the dissolution of a primary school is regulated as follows:

Dissolution of a Primary School

1. A primary school shall be dissolved in the following cases:

a) Serious violations of regulations regarding the organization and operation of the primary school;

b) Upon expiration of the suspension period stated in the suspension decision without rectifying the cause for suspension;

c) The objectives and activities specified in the establishment decision or the decision permitting the establishment of the primary school no longer meet the local socio-economic development requirements;

d) Upon the request of the organization or individual proposing the establishment of the primary school.

2. The Chairman of the District-level People's Committee decides to dissolve public primary schools and grants permission to dissolve private primary schools.

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The Chairman of the District-level People's Committee decides to dissolve public primary schools and grants permission to dissolve private primary schools if the primary school is suspended and cannot rectify the cause after the expiration of the suspension period stated in the suspension decision.

Who has the authority to approve a primary school's educational operations to avoid suspension?

According to Article 18 of Decree 46/2017/ND-CP amended by Clause 10, Article 1 of Decree 135/2018/ND-CP, the regulations are as follows:

Procedures for Permitting Primary School educational operations

1. The Head of the Division of Education and Training decides on the permission for educational operations of a primary school.

2. The application dossier includes:

a) A submission requesting permission for educational operations;

b) A copy issued from the original register, a certified copy from the original, or a copy accompanied by the original for comparison of the decision to establish or permit the establishment of the school.

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According to Article 17 of Decree 46/2017/ND-CP amended by Clause 9, Article 1 of Decree 135/2018/ND-CP, the conditions for a primary school to operate educational operations are as follows:

Conditions for a Primary School to Operate educational operations

1. A decision on the establishment or permission to establish the school.

2. Land, school buildings, facilities, and equipment meet the requirements for educational operations:

a) The area of land for school construction is determined based on the number of classes, the number of students, and regional characteristics, with a minimum average of 10 square meters per student in rural and mountainous areas; 06 square meters per student in urban and district-level town areas. In areas with land shortages, usable land area can be replaced by construction floor area, ensuring sufficient area as prescribed;

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3. The school construction site ensures a safe educational environment for learners, teachers, and workers.

4. Educational programs and teaching, learning materials comply with primary education regulations.

5. A qualified, adequate, and well-structured team of teachers, managers, and staff to ensure the implementation of the educational program.

6. Sufficient financial resources as prescribed to maintain and develop educational operations.

The person with the authority to permit educational operations to ensure the primary school is not suspended is the Head of the Division of Education and Training.

Note: During the process of granting permission for the primary school to operate educational operations, the Division of Education and Training takes the lead, cooperating with related specialized departments to appraise the dossier and practically evaluate the conditions of the primary school. If the conditions are met, the Head of the Division of Education and Training decides to allow the school to conduct educational operations.

The principal of the primary school must meet the prescribed conditions to be permitted to operate educational operations.