Who has the authority to decide on the dissolution of foreign-invested universities in Vietnam?

What are procedures for dissolution of foreign-invested universities in Vietnam?

The dissolution of a foreign-invested higher education institution in Vietnam is carried out according to the procedures stipulated in Clause 4, Article 51 of Decree 86/2018/ND-CP:

Dissolution, Termination of Foreign-Invested Educational Institutions

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4. Procedures for dissolution, termination of operations of a foreign-invested educational institution are as follows:

a) For dossiers requesting the dissolution of higher education institutions, branches of foreign-invested higher education institutions, preschools, general education institutions established by foreign diplomatic missions, intergovernmental international organizations, investors shall submit 01 set of dossiers directly or by post to the Ministry of Education and Training;

b) For dossiers requesting the termination of operations of short-term training institutions or dossiers requesting the dissolution of preschools, general education institutions, except for the cases specified at point a, clause 4 of this Article, investors shall submit 01 set of dossiers directly or by post to the Department of Education and Training;

c) Within 30 working days from the date of receipt of the complete dossiers, the receiving agency shall preside over the appraisal and submit to the competent authority for consideration and decision.

Within 05 working days from the date of receipt of the dossiers, if the dossiers do not meet the specified requirements, the receiving agency shall inform the investor in writing via direct submission, post, or email.

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Thus, the procedure for dissolving a foreign-invested university in Vietnam includes the following steps:

Step 1: Foreign-invested universities established by foreign diplomatic missions, intergovernmental international organizations, investors shall submit 01 set of dossiers directly or by post to the Ministry of Education and Training.

Step 2: Within 30 working days from the date of receipt of the complete dossiers, the receiving agency shall preside over the appraisal and submit to the competent authority for consideration and decision.

Within 05 working days from the date of receipt of the dossiers, if the dossiers do not meet the specified requirements, the receiving agency shall inform the investor in writing via direct submission, post, or email.

Who has the authority to decide on the dissolution of foreign-invested universities in Vietnam?​ (Image from Internet)

Who has the authority to decide on the dissolution of foreign-invested universities in Vietnam?

Based on Clause 1, Article 51 of Decree 86/2018/ND-CP on the dissolution, termination of operations of foreign-invested educational institutions:

Dissolution, Termination of Operations of Foreign-Invested Educational Institutions

1. Those authorized to allow the establishment of foreign-invested preschools, general education institutions, higher education institutions, and branches of foreign-invested higher education institutions shall have the authority to decide on the dissolution of these institutions. Those authorized to allow the operation of foreign-invested short-term training institutions shall have the authority to terminate the operations of these institutions.

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According to Clause 1, Article 40 of Decree 86/2018/ND-CP on the authority for granting establishment permissions:

Authority for Granting Establishment Permissions

1. The Prime Minister of the Government of Vietnam shall decide on the establishment of foreign-invested higher education institutions.

2. The Minister of Education and Training shall decide on the establishment of foreign-invested preschools, general education institutions proposed by foreign diplomatic missions, intergovernmental international organizations.

3. The Chairman of the provincial People's Committee shall decide on the establishment of foreign-invested preschools and general education institutions, except for those specified in Clause 2 of this Article.

The authority to terminate the operations of foreign-invested short-term training institutions also belongs to those authorized to allow their operation.

Thus, according to these regulations, the Prime Minister of the Government of Vietnam, who has the authority to decide on the establishment, also has the authority to decide on the dissolution of foreign-invested universities.

5 Cases of Dissolution of Foreign-Invested Universities in Vietnam

Based on Clause 2, Article 51 of Decree 86/2018/ND-CP, the 5 cases of dissolution of foreign-invested universities include:

- Upon the request of the organization or individual that established the foreign-invested educational institution or branch of the foreign-invested higher education institution;

- Serious violations of legal provisions or regulations on management, organization, and operation of the educational institution or branch of the higher education institution;

- Expiration of the suspension period stated in the suspension decision without rectifying the causes leading to the suspension;

- The objectives and content of activities in the decision allowing establishment or operation are no longer suitable with the nation's socio-economic development requirements;

- Failure to comply with the commitments stated in the approved project after 05 years from the effective date of the establishment or operation permission decision.