What are the regulations on application and procedures for dissolution of a primary school in Vietnam?

Is the organization proposing the establishment of a primary school allowed to request the dissolution of the primary school in Vietnam?

Based on Clause 1, Article 21 of Decree 46/2017/ND-CP (some provisions are annulled by Article 2 of Decree 135/2018/ND-CP), which regulates the dissolution of a primary school. Specifically:

Dissolution of Primary School

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

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

b) The expiry of the suspension period of educational activities stated in the suspension decision without rectifying the cause for the suspension;

c) The goals and operational content stated in the decision to establish or permit the establishment of the primary school no longer conform to the local socioeconomic development requirements;

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

2. The Chairman of the district-level People's Committee shall decide on the dissolution of public primary schools and permit the dissolution of private primary schools.

3. The dossier includes:

a) For dissolution based on points a, b, and c, Clause 1, this Article, the dossier includes:

- Written proposal for dissolution by the Department of Education and Training;

- Dossier of suspension of educational activities;

- Documents on failure to rectify causes leading to the suspension of educational activities;

- Decision to establish the inspection team;

- Inspection report.

b) For dissolution based on point d, Clause 1, this Article, the dossier includes:

- Written proposal for dissolution by the organization or individual;

- Written proposal for dissolution by the Department of Education and Training (This content is annulled by Article 2 of Decree 135/2018/ND-CP).

4. Procedure for implementation:

a) The Department of Education and Training evaluates the extent of the violations as specified in points a, b, and c of Clause 1, this Article, or reviews the request for dissolution by the organization or individual establishing the primary school; reports in writing to the Chairman of the district-level People’s Committee to issue a dissolution decision;

b) The Chairman of the district-level People’s Committee, based on the recommendation of the Head of the Department of Education and Training, issues the dissolution decision within 20 working days from the date of receiving the complete dossier. The dissolution decision must clearly state the reason for dissolution and measures to ensure the legal rights and interests of students, teachers, administrators, and staff and must be publicly announced through mass media.

Thus, an organization that proposes the establishment of a primary school is allowed to request the dissolution of the primary school.

What are the applications and procedures required for the dissolution of a primary school in Vietnam?

Based on Clause 3, Article 21 of Decree 46/2017/ND-CP (some provisions are annulled by Article 2 of Decree 135/2018/ND-CP), the application for the dissolution of a primary school includes the following:

(1) Dissolution based on the following cases:

- Serious violations of regulations on the organization and operation of the primary school;

- The expiry of the suspension period of educational activities stated in the suspension decision without rectifying the cause for the suspension;

- The goals and operational content stated in the decision to establish or permit the establishment of the primary school no longer conform to the local socioeconomic development requirements.

The dossier includes:

- Written proposal for dissolution by the Department of Education and Training;

- Dossier of suspension of educational activities;

- Documents on failure to rectify causes leading to the suspension of educational activities;

- Decision to establish the inspection team;

- Inspection report.

(2) Dissolution at the request of the organization or individual proposing the establishment of the primary school, the dossier includes:

Written proposal for dissolution by the organization or individual.

The procedure for dissolution of a primary school is currently implemented according to Clause 4, Article 21 of Decree 46/2017/ND-CP. The procedure for dissolution of a primary school is as follows:

Step 1: The Department of Education and Training evaluates the extent of the violations as specified in points a, b, and c of Clause 1, Article 21 Decree 46/2017/ND-CP or reviews the request for dissolution by the organization or individual establishing the primary school; reports in writing to the Chairman of the district-level People’s Committee to issue a dissolution decision;

Step 2: The Chairman of the district-level People's Committee, based on the recommendation of the Head of the Department of Education and Training, issues the dissolution decision within 20 working days from the date of receiving the complete dossier.

The dissolution decision must clearly state the reason for dissolution and measures to ensure the legal rights and interests of students, teachers, administrators, and staff and must be publicly announced through mass media.

What is the organizational structure of a primary school in Vietnam?

Based on Article 9 of the Charter of Primary Schools issued together with Circular 28/2020/TT-BGDDT, the organizational structure of a primary school includes:

School Board; Principal and Vice Principals; Council for Emulation and Commendation; Discipline Council; Advisory Councils; Vietnamese Communist Party Organization; Trade Union Organization; Ho Chi Minh Communist Youth Union; Ho Chi Minh Young Pioneers Organization; Professional Teams; Administrative Team; and Class Units.