What are the procedures for a primary school to operate educational activities in Vietnam?

What are the procedures for a primary school to operate educational activities in Vietnam?

According to the provisions of Article 18 of Decree 46/2017/ND-CP amended by Clause 10, Article 1 of Decree 135/2018/ND-CP the procedure for a primary school to operate educational activities is as follows:

Step 1: The principal of the primary school is responsible for preparing a dossier requesting permission to operate educational activities.

Step 2: The Department of Education and Training receives the dossier and considers the conditions for allowing educational activities.

Within 20 working days from the date of receiving a complete and valid dossier, the Department of Education and Training takes the lead, cooperating with relevant specialized departments to give their opinions on the appraisal of the dossier and the actual conditions of the primary school’s operations.

If the conditions are met, the Head of the Department of Education and Training will decide to allow the school to conduct educational activities; if permission is not granted, a written notice will be sent to the school, stating the reasons and proposed solutions.

The principal’s dossier required in Step 1 includes:

- A proposal for permission to operate educational activities;

- A certified copy from the original register, a certified copy from the original, or a copy accompanied by the original for comparison of the decision on the establishment or permission to establish the school.

What are the procedures for a primary school to operate educational activities in Vietnam? (Image from the Internet)

Will a primary school be suspended for committing fraud to get permission to operate educational activities in Vietnam?

Clause 1, Article 20 of Decree 46/2017/ND-CP provides for the suspension of educational activities for primary schools as follows:

Suspension of educational activities for primary schools

1. A primary school shall be suspended from educational activities when one of the following cases occurs:

a) Committing fraud to obtain permission to operate educational activities;

b) Failing to ensure one of the conditions for the establishment or permission to establish as stipulated in Article 15 of this Decree and failing to ensure the conditions for primary educational activities as stipulated in Article 17 of this Decree;

c) The person granting permission to operate educational activities does not have the authority;

d) Failure to initiate educational activities within 01 year from the date of being permitted to operate educational activities;

dd) Violating legal provisions on education and being administratively sanctioned to the extent of suspension;

e) Other cases of violation as prescribed by law.

2. The Head of the Department of Education and Training decides to suspend educational activities for primary schools.

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Thus, a primary school committing fraud to obtain permission to operate educational activities falls under the case of being suspended from educational activities.

The Head of the Department of Education and Training has the authority to issue a decision on the suspension of educational activities of the primary school.

Vietnam: What do educational activities of a primary school include?

Based on Clause 1, Article 3 of Decree 24/2021/ND-CP, educational activities of a primary school include enrollment activities, organizing educational activities, and managing conditions to ensure the quality of education in the educational institution. Specifically:

*Enrollment activities (Article 5 of Decree 24/2021/ND-CP):

- Educational institutions enforce compulsory education in accordance with legal provisions on primary education.

- Educational institutions that self-finance regular and investment expenditures and educational institutions that self-finance regular expenditures according to legal provisions are allowed to independently determine the method of enrollment, enrollment quotas, eligible enrollees, and enrollment areas.

*Organizing educational activities (Article 6 of Decree 24/2021/ND-CP):

- Educational institutions can decide on methods and forms of organizing educational activities to meet the goals and requirements of the educational program while ensuring quality and effectiveness.

- Educational institutions can proactively link with universities, research institutes, vocational education institutions, enterprises, business households, organizations, individuals, and students’ families to organize educational activities appropriate to local conditions as prescribed by law.

*Managing finance, assets, organizational structure, and personnel (Article 7 of Decree 24/2021/ND-CP):

- The management of finance, assets, organizational structure, and personnel in educational institutions meets the requirements for organizing educational activities stipulated in Article 7 of Decree 24/2021/ND-CP and follows legal provisions on finance, assets, organizational structure, and personnel.

- Educational institutions are allowed to receive donations from organizations and individuals to improve educational quality and develop the school, ensuring clear donation purposes and the use of donations in a lawful, transparent manner.

- The fee level for service charges accompanying educational activities outside tuition is based on the resolution of the provincial People’s Council, on the proposal of the provincial People's Committee, and in accordance with the actual conditions of the locality.