Who has the authority to approve educational provision for primary schools in Vietnam?

Who has the authority to approve educational provision for primary schools in Vietnam?

According to the provisions in Article 18 of Decree 46/2017/ND-CP as amended by Clause 10, Article 1 of Decree 135/2018/ND-CP, it is stipulated as follows:

Procedures for primary schools to conduct educational provision

1. The Head of the Department of Education and Training decides to allow educational provision for primary schools.

2. The dossier includes:

a) A submission permitting educational provision;

b) Copies issued from the original register, authenticated copies from the original, or copies accompanied by the original for comparison of the decision to establish or allow the establishment of the school.

3. Implementation process:

a) The school principal is responsible for compiling the dossier requesting permission for educational provision as prescribed in Clause 2 of this Article;

b) The Department of Education and Training receives the dossier and reviews the conditions for permitting educational provision as prescribed in Article 17 of this Decree. Within 20 working days from the date of receipt of a valid dossier, the Department of Education and Training shall preside and cooperate with relevant specialized departments to appraise the dossier and inspect the actual operating conditions of the primary school. If conditions are met, the Head of the Department of Education and Training will decide to allow the school to conduct educational provision; if not, a written notice will be sent to the school stating the reasons and solutions.

The person with the authority to approve educational provision for a primary school is the Head of the Department of Education and Training.

Note: During the process of permitting a primary school to conduct educational provision, the Department of Education and Training presides and cooperates with relevant specialized departments to appraise the dossier and inspect the actual operating conditions of the primary school.

If conditions are met, ultimately, the Head of the Department of Education and Training is the one who decides to allow the school to conduct educational provision.

The school principal must meet the prescribed conditions to be permitted to conduct educational provision.

Who has the authority to approve educational provision for primary schools in Vietnam? (Image from the Internet)

Vietnam: Will a primary school approved for educational provision but not conducting educational provision be dissolved?

According to Article 20 of Decree 46/2017/ND-CP, the suspension of educational provision for a primary school is stipulated as follows:

Suspension of educational provision for primary schools

1. A primary school will have its educational provision suspended when one of the following cases occurs:

a) Engaging in fraudulent activities to obtain permission for educational provision;

b) Failing to ensure any of the conditions for establishment or permission for establishment stipulated in Article 15 of this Decree and failing to ensure the operational conditions for primary education stipulated in Article 17 of this Decree;

c) The person permitting educational provision does not have the appropriate authority;

d) Not commencing educational provision within 1 year from the date of permission for educational provision;

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Pursuant to Clause 1, Article 21 of Decree 46/2017/ND-CP, the dissolution of a primary school is regulated as follows:

Dissolution of primary schools

1. A primary school will be dissolved when one of the following cases occurs:

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

b) The suspension period of educational provision noted in the suspension decision expires and the underlying reasons for the suspension have not been resolved;

c) The goals and content of activities noted in the establishment decision or permission for establishment are no longer appropriate to the local socio-economic development requirements;

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

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If a primary school does not conduct educational provision within 1 year from the date of being permitted for educational provision, it will have its educational provision suspended.

If, after the suspension period, the primary school still does not conduct educational provision, the primary school will be dissolved.

What are the procedures for dissolving a primary school that does not conduct educational provision in Vietnam?

According to Clause 4, Article 21 of Decree 46/2017/ND-CP, the current procedures for dissolving a primary school are as follows:

Step 1: The Department of Education and Training inspects and evaluates the degree of violations stipulated at points a, b, and c of Clause 1, Article 21 of Decree 46/2017/ND-CP or considers the dissolution proposal by the organization or individual who established the primary school; reports in writing to the Chairman of the District People's Committee requesting a dissolution decision;

Step 2: The Chairman of the District People's Committee issues a dissolution decision based on the proposal of the Head of the Department of Education and Training within 20 working days from the date of receipt of a complete dossier.

The dissolution decision must clearly state the reasons for dissolution, measures to ensure the legal rights and interests of students, teachers, management staff, and employees, and must be publicly announced on mass media.