When shall a higher education institution in Vietnam be dissolved? What does the documentation for dissolution of a higher education institution in Vietnam include?

When shall a higher education institution in Vietnam be dissolved?

According to Article 96 of Decree 46/2017/ND-CP, the dissolution of a higher education institution is stipulated as follows:

Dissolution of a higher education institution or a branch of a higher education institution

1. A higher education institution or a branch of a higher education institution shall be dissolved when the following situations occur:

a) It has committed serious violations against applicable regulations on organization or operation of a higher education institution or a branch of a higher education institution;

b) Upon expiration of the duration of suspension specified in the suspension decision, causes for such suspension have not yet been corrected;

c) Educational objectives and contents specified in the establishment decision or the decision on approval of establishment have no longer matched the national socio-economic development demands;

d) The dissolution takes place upon the request of the organization or individual as the founder of a higher education institution or a branch of a higher education institution;

dd) Upon expiration of the duration of 05 years, it has failed to comply with the commitment specified in the approved proposal for its establishment after the date of entry into force of the decision on establishment or approval of establishment. 

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Thus, a higher education institution is dissolved in the following cases:

- It has committed serious violations against applicable regulations on organization or operation of a higher education institution or a branch of a higher education institution;

- Upon expiration of the duration of suspension specified in the suspension decision, causes for such suspension have not yet been corrected;

- Educational objectives and contents specified in the establishment decision or the decision on approval of establishment have no longer matched the national socio-economic development demands;

- The dissolution takes place upon the request of the organization or individual as the founder of a higher education institution or a branch of a higher education institution;

- Upon expiration of the duration of 05 years, it has failed to comply with the commitment specified in the approved proposal for its establishment after the date of entry into force of the decision on establishment or approval of establishment. 

When shall a higher education institution in Vietnam be dissolved? What does the documentation for dissolution of a higher education institution in Vietnam include?​ (Image from the Internet)

What does the documentation for dissolution of a higher education institution in Vietnam include?

According to Clause 3, Article 96 of Decree 46/2017/ND-CP, the dissolution documentation includes:

- The written request for dissolution of a higher education institution or a branch of a higher education institution, submitted by the host entity of the requesting institution, or the organization or individual as the founder of that higher education institution or branch, which specifies reasons for or purposes of dissolution of the requesting institution;

- The plan for dissolution of a higher education institution or a branch of a higher education institution which specifies approaches to assuring legitimate rights and benefits of its students, lecturers, administrative officers and employees, the plan for treatment of assets and financial matters of the requesting institution.

What are procedures for dissolving a higher education institution in Vietnam?

According to Clause 4, Article 96 of Decree 46/2017/ND-CP, the dissolution procedures are as follows:

Step 1:

The Ministry of Education and Training receives the dissolution dossier from the higher education institution and organizes its appraisal. The appraisal of the dissolution dossier is carried out according to the procedures for establishing a higher education institution as stipulated in Decree 46/2017/ND-CP;

Step 2:

Within 15 working days from the date of receiving the dossier, if it does not meet the requirements, the Ministry of Education and Training will notify the organization or individual to supplement and complete the dissolution dossier;

Step 3:

Within 30 working days from the date of receiving a satisfactory dossier, the Ministry of Education and Training, in cooperation with relevant ministries and central authorities, will appraise the dossier and submit it to the Prime Minister for consideration and decision on the dissolution of the higher education institution;

* If the higher education institution violates any of the provisions in points a, b, c, and d, Clause 1, Article 96 of Decree 46/2017/ND-CP without a proposal from the supervisory agency or the organization or individual that established the higher education institution, the Ministry of Education and Training is responsible for cooperating with relevant ministries and central authorities to appraise the dissolution conditions and submit to the Prime Minister for consideration and decision on the dissolution.

What are the duties and powers of a higher education institution in Vietnam?

According to Article 28 of the Law on Higher Education 2012 (amended by Clause 2, Article 2 of the Amended Law on Higher Education 2018), the duties and powers of a higher education institution in Vietnam are as follows:

- Develop strategies and plans for the development of higher education institutions.

- Implement training activities, science and technology development, international cooperation, and ensure the quality of higher education.

- Develop training programs in accordance with defined objectives; ensure the continuity between programs and levels of training.

- Organize the apparatus; recruit, manage, train, and develop a team of lecturers, management personnel, public employees, and laborers.

- Manage learners; ensure the legal rights and interests of lecturers, public employees, staff, management personnel, and learners; allocate funds to implement social policies for eligible groups, ethnic minorities, and regions with special socio-economic difficulties; ensure a pedagogical environment for educational activities.

- Self-assess training quality and be subject to quality inspection.

- Be allocated or leased land and facilities by the State; be exempted or reduced taxes according to the law.

- Mobilize, manage, and use resources; build and strengthen facilities, and invest in equipment.

- Collaborate with economic, educational, cultural, sports, health, and scientific research organizations both domestically and internationally.

- Implement information policies, report, and be subject to inspection and auditing by the Ministry of Education and Training, relevant ministries, and central authorities, and the provincial People's Committee where the higher education institution is based or operates training activities as prescribed.

- Other duties and powers as prescribed by law.