What are the cases in which a university branch in Vietnam may be dissolved?

What are the cases in which a university branch in Vietnam may be dissolved?

Based on Article 96 of Decree 46/2017/ND-CP, a university branch can be dissolved under the following circumstances:

- Serious violations of the legal regulations on management and operation of universities and their branches;

- When the suspension period specified in the decision on suspension of training activities expires without rectifying the cause leading to the suspension;

- When the objectives and activities described in the establishment decision or the approval for establishment no longer meet the socio-economic development requirements of the country;

- As proposed by the organization or individual who established the university or its branch;

- Failure to fulfill the commitments stated in the approved project for 5 years from the effective date of the decision to establish or approve the establishment.

What are the cases in which a university branch in Vietnam may be dissolved? (Image from the Internet)

What are the conditions for establishing a public university branch in Vietnam?

Based on Article 91 of Decree 46/2017/ND-CP (amended by Clause 37, Article 1 of Decree 135/2018/ND-CP), the conditions for establishing a public university branch and permitting the establishment of a private university branch are as follows:

Conditions for establishing a public university branch and permitting the establishment of a private university branch

1. A proposal for establishing the branch.

2. A written approval for establishing the branch from the provincial People's Committee where the university sets up the branch.

3. A minimum land area of 2 hectares for constructing the branch (in special cases, the Minister of Education and Training will consider and decide), and achieving an average of at least 25 m2/student at the time when the branch reaches stable enrollment after 10 years of development.

4. For a public university branch, there must be an investment project approved by the governing body, identifying clear sources of funding to implement according to the plan. For a private university branch, there must be a minimum investment capital of 250 billion VND (excluding the land value for branch construction); the investment capital must be confirmed in cash and assets prepared for investment and certified in writing by competent authorities; as of the time of assessment for approval to establish the private university branch, the implemented investment value must be over 150 billion VND.

Thus, the conditions for establishing a public university branch are:

- A proposal for establishing the branch.

- A written approval for establishing the branch from the provincial People's Committee where the university sets up the branch.

- A minimum land area of 2 hectares for constructing the branch (in special cases, the Minister of Education and Training will consider and decide), achieving an average of at least 25 m2/student at the time when the branch reaches stable enrollment after 10 years of development.

- An investment project approved by the governing body for a public university branch.

What are procedures of establishing a university branch in Vietnam?

Based on Clause 2, Article 92 of Decree 46/2017/ND-CP, the procedures for establishing a public university branch and permitting the establishment of a private university branch are as follows:

Procedures for establishing a public university branch and permitting the establishment of a private university branch

...

2. The process of establishing and permitting the establishment of a university branch includes two steps:

a) Approval of the policy of establishment or permission to establish in cases of:

- Establishing a new branch;

- Establishing a university branch based on existing educational institutions.

b) Decision to establish or permit the establishment.

3. The application dossier requesting approval of the policy for establishment or permission to establish a branch includes:

a) Establishing a new branch:

- An application for approval of the policy to establish the branch from the governing body of a public university or a request for approval of the policy to allow the establishment of the branch from the Chairman of the Board of Trustees of a private university. The main content of the application must clearly state the necessity, name, legal position, establishment objectives; construction and development plan for each stage; function, task, organizational and management structure, personnel; field and scale of training; financial resources; land, and facilities of the branch;

...

Thus, the process of establishing a university branch includes 2 steps:

- Step 1: Approval of the policy for establishment or permission to establish in the cases of:

+ Establishing a new branch;

+ Establishing a university branch based on existing educational institutions.

- Step 2: Decision to establish or permit the establishment.