When is a higher education institution suspended from training activities in Vietnam?

When is a higher education institution suspended from training activities in Vietnam?

According to Clause 1, Article 25 of the 2012 Law on Higher Education, higher education institutions are suspended from training activities when they fall into one of the following cases:

- Committing fraud to be established or to be allowed to establish and permit training activities;

- Failing to ensure one of the conditions specified in Clause 1, Article 23 of the 2012 Law on Higher Education;

- The person permitting the training activities is not competent to do so;

- Violating legal regulations on education and being subjected to administrative sanctions to the extent of suspension of activities;

- Other cases as prescribed by law.

When is a higher education institution suspended from training activities in Vietnam? (Image from the Internet)

Can an educational institution continue the training activities after a suspension period in Vietnam?

Based on Clause 3, Article 25 of the 2012 Law on Higher Education, the regulation is as follows:

Suspension of training activities of higher education institutions

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2. The decision to suspend training activities must clearly state the reason for the suspension, the duration of the suspension, and measures to ensure the legitimate interests of lecturers, employees, and students. The decision to suspend training activities must be publicly announced in the mass media.

3. After the suspension period, if the reasons leading to the suspension are remedied, the competent authority shall issue a decision allowing the resumption of training activities.

Additionally, Clause b, Item 1, Article 26 of the 2012 Law on Higher Education stipulates as follows:

Dissolution of higher education institutions

1. Higher education institutions are dissolved in the following cases:

a) Committing serious legal violations;

b) Expiry of the suspension period without remedying the causes leading to the suspension;

c) The objectives and activities stated in the establishment or licensing decisions are no longer appropriate to socioeconomic development needs;

d) Upon the proposal of the organization or individual establishing the higher education institution;

dd) Failure to fulfill the commitments according to the approved project after a period of 05 years from the effective date of the establishment or licensing decision.

2. The decision to dissolve higher education institutions must clearly state the reason for the dissolution and measures to ensure the legitimate interests of lecturers, students, and employees. The decision to dissolve higher education institutions must be publicly announced in the mass media.

Thus, if, after the suspension period, the higher education institution remedies the causes leading to the suspension, the competent authority will allow it to resume educational activities.

If the institution fails to remedy the causes leading to the suspension, it will be dissolved.

Who has the authority to suspend the training activities of a university in Vietnam?

According to Clause 2, Article 95 of Decree 46/2017/ND-CP, the regulation is as follows:

Suspension of training activities of universities, university branch campuses

1. Universities, university branch campuses are suspended from training activities in the following cases:

a) Committing fraud to be established or to be allowed to establish and permit training activities;

b) Failing to ensure one of the conditions for being allowed to operate training activities as prescribed in this Decree;

c) The person permitting the training activities is not competent to do so;

d) Violating legal regulations on education and being subjected to administrative sanctions to the extent of suspension of activities;

đ) Other cases as prescribed by law.

2. The Minister of Education and Training shall decide on the suspension of training activities for universities and university branch campuses.

3. The decision to suspend training activities must clearly state the reason for the suspension, the duration of the suspension, and measures to ensure the rights and legitimate interests of students, educators, administrative staff, and other employees within the institution. The decision to suspend training activities must be publicly announced in the mass media.

4. After the suspension period, if the causes leading to the suspension are remedied, the competent authority shall issue a decision allowing the university or university branch campus to resume training activities, and this decision must be publicly announced in the mass media. If resumption of training activities is not permitted, a written notice must be provided to the institution stating the reasons and proposed solutions.

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Thus, the individual with the authority to suspend the training activities of a university is the Minister of Education and Training.