When are foreign-invested educational institutions suspended from educational activities in Vietnam?

When are foreign-invested educational institutions suspended from educational activities in Vietnam?

Pursuant to Clause 2, Article 50 of Decree 86/2018/ND-CP, a foreign-invested educational institution may be suspended from educational activities under the following circumstances:

- Committing fraud to get established or to be allowed establishment, or to be permitted educational activities;

- Failing to ensure one of the conditions for being allowed educational activities as stipulated in this Decree;

- The person authorizing the educational activities is not authorized to do so;

- Violating educational law regulations and being administratively penalized to the extent requiring suspension of activities;

- Other cases as prescribed by law.

When are foreign-invested educational institutions suspended from educational activities in Vietnam?​ (Image from the Internet)

What are procedures for requesting the resumption of educational activities for a foreign-invested educational institution in Vietnam?

According to Article 50 of Decree 86/2018/ND-CP, the procedures for requesting the resumption of educational activities for a foreign-invested educational institution are as follows:

Step 1: A foreign-invested educational institution or a branch of a foreign-invested university is allowed to resume activities when violations leading to suspension are remedied.

The application dossier for resumption of educational activities includes:

- Application requesting permission to resume educational activities, specifying the results of addressing the violations that led to the suspension;

- Decision on the establishment of the inspection team;

- Inspection report.

The authority that ordered the suspension of educational activities has the authority to permit the institution to resume activities.

Step 2: Within 20 working days from the date of receiving a complete dossier requesting resumption of educational activities, the receiving agency shall preside and coordinate with relevant agencies and units to appraise and submit it to the competent authority for consideration and decision.

If the dossier is incomplete, within 5 working days from the date of receipt, the receiving agency must notify the investor in writing either directly, via post, or by email.

If the educational institution does not meet the conditions to resume activities, within 5 working days from receiving the competent authority's opinion, the receiving agency shall respond in writing to the investor, specifying the reasons.

What are the conditions for allowing a foreign-invested educational institution to operate in Vietnam?

According to Article 45 of Decree 86/2018/ND-CP, the conditions for allowing a foreign-invested educational institution to operate are:

- Having a decision permitting the establishment of the educational institution or an investment registration certificate, and an enterprise registration certificate for short-term training institutions;- Having investment capital, facilities, equipment, educational programs, and teaching staff that meet the requirements stipulated in Articles 35, 36, 37, and 38 of Decree 86/2018/ND-CP;- Having organizational and operational regulations of the educational institution.

What does the dossier for registering educational activities of a foreign-invested educational institution in Vietnam include?

According to Article 46 of Decree 86/2018/ND-CP, the dossier for registering educational activities of a foreign-invested educational institution includes:

(1) An application for registration of educational activities according to Form No. 16 in the Appendix issued with Decree 86/2018/ND-CP;

(2) A certified copy or a copy accompanied by the original for comparison of the decision permitting establishment for a foreign-invested educational institution; a certified copy or a copy accompanied by the original for comparison of the investment registration certificate and enterprise registration certificate for short-term training institutions with foreign investment;

(3) Organizational and operational regulations of the educational institution;

(4) A report on the progress of project implementation, the status of capital contribution, loans, and the total investment capital already implemented;

(5) An explanatory report on how the educational institution or branch of a foreign-invested university complies with the provisions of Articles 35, 36, 37, and 38 of Decree 86/2018/ND-CP, along with:

- List of principals (directors), vice-principals (vice-directors), heads of departments, divisions, and chief accountants. For dossiers requesting educational activity licensing for branches of universities, it is necessary to add a list of staff in charge of the branch and the organizational structure of the branch;

- List and personal résumés of staff, teachers, and lecturers (both full-time and part-time);

- Description of the levels, training qualifications, and training fields;

- Teaching programs, teaching plans, study materials, a list of main textbooks and reference materials;

- Admission targets, admission regulations, and admission time;

- Training regulations;

- Training scale (students, trainees);

- Regulations on tuition fees and related fees;

- Regulations on assessment, acknowledgment of completing subject programs, modules, and training qualifications;

- Samples of diplomas and certificates to be used.