What are the regulatory requirements for establishment of public inclusive education support and development centers in Vietnam?

What are the regulatory requirements for establishment of public inclusive education support and development centers in Vietnam?

Under  Article 48 of Decree 125/2024/ND-CP, the regulatory requirements for establishment of public inclusive education support and development centers in Vietnam are specifically stipulated as follows:

1. The establishment of a public inclusive education support and development center or permission for establishment of a private inclusive education support and development center shall be consistent with a planning for development of special educational institutions for disabled persons, and inclusive education support and development centers, approved by a regulatory body.

2. The center has owned its facilities, equipment, accessories and amenities which are custom-made to meet the needs of the disabled, including:

- Offices of administrative officers, teachers and employees of the center;

- Classrooms and functional rooms which are suitably designed to meet the demands for the center’s operations;

- Accommodations that meet the boarding demands of disabled students;

- Equipment, devices or instruments used for assessment, intervention, teaching, career counseling and vocational education purposes;

- Specialized or auxiliary materials that help the center operate in a normal manner.

3. The center’s staff of administrative officers, teachers and employees shall obtain qualifications relevant to the approaches to education of disabled students.

4. Contents of education curriculums, teaching and advisory materials shall fit into the approaches to education of disabled students.

5. The center shall have the draft statutes of organization and operation of the center.

6. In case disabled students are taught at the center:

- Education curriculums and learning and teaching materials shall be appropriate to disabled students according to regulations;

- Adequate administrative officers, teachers, staff and employees that meet conduct and qualification standards and obtain qualifications in order to teach disabled students shall be employed.

What are the regulatory requirements for establishment of public inclusive education support and development centers in Vietnam? (Image from the Internet)

What are the procedures for establishment of public inclusive education support and development centers in Vietnam?

According to Article 49 of Decree 125/2024/ND-CP, the procedures for establishment of public inclusive education support and development centers in Vietnam are specified as follows:

(1) The President of the provincial People’s Committee shall issue a decision on establishment of a public inclusive education support and development center

(2) An application includes:

- A written request for establishment or permission for establishment of the inclusive education support and development center (according to Form No. 01 Appendix I enclosed with Decree 125/2024/ND-CP);

- A proposal for establishment or permission for establishment of the inclusive education support and development center (according to Form No. 02 Appendix I enclosed with Decree 125/2024/ND-CP);

- Copies of legal documents proving land use rights and house ownership or agreement on rental of location for the center;

- A legal confirmation document on the amount of investment in establishment of the private center, ensuring legitimacy and conformity with the estimated scale at the time of application for establishment;

 - Draft statutes of organization and operation of the center, specifying legal status, missions and powers of the center; organization and management structure; organization of educational activities; tasks and rights of administrative officers, teachers, staff, employees and learners; finances and assets of the center; other issues related to organization and operation of the center.

(3) Procedures:

Step 1: The Department of Education and Training shall cooperate with the Department of Home Affairs and specialized agencies in making an application for establishment of the center and submitting it to the President of the provincial People's Committee for consideration and decision;

Step 2: Within 15 days from the date of receipt of the sufficient and satisfactory application, the President of the Provincial People's Committee shall issue a decision on establishment of the center;

What are the cases of suspension of activities conducted by inclusive education support and development centers in Vietnam?

According to Clause 1, Article 50 of Decree 125/2024/ND-CP, an inclusive education support and development center shall have its activities suspended in one of the following cases:

- It commits any fraudulent act in order to obtain a license for establishment or permission for establishment;

- During operation, it fails to meet one of the requirements specified in Article 48 of Decree 125/2024/ND-CP;

- Its activities have not been conducted within the duration of 01 year from the date on which the decision on establishment or permission for establishment of the center is issued;

- It has committed any violation against regulations on imposition of penalties for administrative violations arising from activities to the extent that the decision on suspension thereof is issued;

- Other cases as prescribed by law.

Note: The President of the provincial People’s Committee shall issue a decision on merger or division of a public inclusive education support and development center; the Director of Department of Education and Training shall issue a decision on merger or division of a private inclusive education support and development center.