When will a branch/campus of a higher education institution in Vietnam have training activities suspended?

When will a branch/campus of a higher education institution in Vietnam have training activities suspended?

Under Clause 1, Article 101 of Decree 125/2024/ND-CP, a higher education institution or a branch/campus of a higher education institution shall have training activities suspended in one of the following cases:

1) It commits any fraudulent act in order to obtain a license for establishment, permission for establishment or training activities;

2) It fails to meet one of the requirements for training activities specified in this Decree;

3) The license for its training activities has been granted ultra vires;

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

5) It fails to publicly announce or meet requirements for organization of training activities with regard to fields and disciplines of training, and admission capacity after permitted by a competent authority to carry out training activities;

6) Its training activities have not been carried out within the duration of 02 years from the date on which the competent authority gives permission for training activities;

6) Other cases prescribed by law.

When will a branch/campus of a higher education institution in Vietnam have training activities suspended? (Image from Internet)

What are the procedures for suspension of training activities carried out by a branch/campus of a higher education institution in Vietnam?

Under Clause 3, Article 101 of Decree 125/2024/ND-CP, the procedures for suspension of training activities carried out by a branch/campus of a higher education institution in Vietnam are specified as follows:

Step 1: When detecting that the higher education institution or the branch/campus of the higher education institution has committed one of the above violations, the Ministry of Education and Training shall organize inspection to assess the current status of the higher education institution or the branch/campus of the higher education institution, make an inspection record and notify the higher education institution or the branch/campus of the higher education institution and the competent management authority (if any) of any violation;

Step 2:  Depending on the seriousness of the violation, within 15 days from the date on which the higher education institution or the branch/campus of the higher education institution and the competent management authority are notified of the violation, the Minister of Education and Training shall issue a decision on suspension of training activities carried out by the higher education institution or the branch/campus of the higher education institution;

The decision on suspension of training activities carried out by the higher education institution or the branch/campus of the higher education institution (according to Form No. 13 Appendix III enclosed with Decree 125/2024/ND-CP) shall be publicly announced on mass media;

Step 3:  During the period of suspension, if the violation resulting in the suspension is eliminated, the higher education institution or the branch/campus of the higher education institution shall send a written notification enclosed with proof to the Minister of Education and Training. Within 07 working days from the date of receipt of the written notification from the higher education institution or the branch/campus of the higher education institution, the Minister of Education and Training shall issue a decision on permission for resumption of training activities which must be publicly announced on mass media;

Step 4:  In case of suspension according to regulations in (3), within 05 working days from the date on which the decision on suspension is issued, the Minister of Education and Training shall review realistic conditions for training activities and issue a decision on permission for resumption of training activities which must be publicly announced on mass media if the requirements mentioned in Article 96 or clause 1 Article 100 of Decree 125/2024/ND-CP are fulfilled.

What are the cases of dissolution of a branch/campus of a higher education institution in Vietnam?

According to Article 103 of Decree 125/2024/ND-CP, a branch/campus of a higher education institution in Vietnam is dissolved under the following circumstances:

- It has committed serious violations against regulations of law on management, organization or operation of a higher education institution or a branch/campus of a higher education institution;

- It fails to rectify the violation that leads to its suspension by the deadline indicated in the decision on suspension of training activities;

-Training objectives and contents indicated in the decision on establishment or permission for establishment of the higher education institution or the branch/campus of the higher education institution are no longer suitable with the requirements for national and local socio-economic development;

- The higher education institution or the branch/campus of the higher education institution shall be dissolved at the request of the organization/individual establishing the higher education institution or the branch/campus of the higher education institution;

- 05 years from the effective date of the decision on establishment or permission for establishment, the higher education institution or the branch/campus of the higher education institution fails to fulfill the commitment indicated in the approved proposal.