Who has the competence to dissolve a vocational education and training institution in Vietnam?

Who has the competence to dissolve a vocational education and training institution in Vietnam?

Under Clause 4, Article 21 of the Law on vocational education and training 2014:

Dissolution of vocational education and training institutions

1. A vocational education and training institutions shall be dissolved in the following cases:

a) Commit violations against law causing serious consequences;

b) The deadline for suspension of training activities expires but the problems for the suspension have not solved;

c) The vocational college is not granted the Certificate in vocational education and training registration after 36 months and the vocational training school is not granted the Certificate in vocational education and training registration after 24 months, from the date on which the decision on establishment or the permission for establishment takes effect;

d) The vocational education and training institution has not operated after 24 months, from the date on which it is granted the Certificate of vocational education and training registration.

2. The vocational education and training institution shall be permitted for dissolution at the request of the organizations or individuals establishing that vocational education and training institution.

3. The Decision on suspension of vocational education and training activities must contain reasons for the dissolution, measures ensuring lawful interests of the educators, civil servants, workers and students. The decision on dissolution of vocational education and training institutions must be announced on the means of mass media.

4. The competent persons establishing or permitting the establishment of vocational education and training institutions may dissolve or permit the dissolution of vocational education and training institutions. The Heads of vocational education and training authorities in the central government shall regulate the procedures for dissolution or permission for dissolution of vocational education and training institutions.

Additionally, Clause 6, Article 18 of the Law on vocational education and training 2014 stipulates the competence over vocational education and training institutions as follows:

Establishment, acquisition, division or permission for establishment, acquisition, division of vocational education and training institutions

...

6. Competence in establishment, acquisition, or division or permission for establishment, acquisition, or division of vocational education and training institutions:

a) The President of People’s Committee of province shall decide the establishment of vocational education and training centers, public vocational training schools of central-affiliated cities and provinces; permit the establishment of private vocational education and training centers or vocational training schools and foreign-invested vocational education and training centers or vocational training schools in the administrative divisions;

b) Ministers, Heads of ministerial-level agencies, Heads of socio-political organizations in the central governments shall decide the establishment of vocational education and training centers, or public vocational training schools affiliated to their authorities or organizations.

c) The Heads of vocational education and training authorities in the central government shall decide the establishment of public colleges; permit the establishment of private colleges or foreign-invested colleges;

d) The competent persons establishing or permitting the establishment of vocational education and training institutions may make acquisition or division or permit the acquisition or division of the institutions.

...

Under the above regulations, the person who has the competence to dissolve a vocational education and training institution is the person who has the competence to establish the vocational education and training institution:

(1) Presidents of People’s Committees of provinces;

(2) Ministers, Heads of ministerial-level agencies, Heads of socio-political organizations in the central governments;

(3) The Heads of vocational education and training authorities in the central government.

Who has the competence to dissolve a vocational education and training institution in Vietnam? (Image from the Internet)

What does the application for dissolving a vocational education and training institution in Vietnam include?

According to Clause 3, Article 11 of Decree 143/2016/ND-CP as amended by Point a, Clause 8, Article 1 of Decree 24/2022/ND-CP, the application for dissolving a vocational education and training institution in Vietnam includes the following documents:

- A written request for dissolution from the supervisory authority for public vocational education and training institutions; a written request for dissolution from the organization, individual owner, or board of trustees for private vocational education and training institutions according to Form No. 01 Appendix III issued with Decree 24/2022/ND-CP;

- A dissolution scheme for the vocational education and training institution in accordance with Form No. 02 Appendix III issued with Decree 24/2022/ND-CP.

What are the procedures for dissolving a vocational education and training institution in Vietnam?

As per Clause 4, Article 11 of Decree 143/2016/ND-CP, amended by Point b, Clause 8, Article 1 of Decree 24/2022/ND-CP, the procedures for dissolving a vocational education and training institution are as follows:

- Agencies, organizations, or individuals proposing the dissolution of a vocational education and training institution must send the application as stipulated in Clauses 2 and 3, Article 11 of Decree 143/2016/ND-CP through an online public service portal, by post, or directly to the agencies, organizations specified in Points b, c, and d, Clause 1, Article 8 of Decree 143/2016/ND-CP.

- Within 15 working days from the date of receiving the application, the competent agency or organization shall inspect the application and submit it to the relevant authority specified in Point d, Clause 4, Article 11 of Decree 143/2016/ND-CP for a decision on the dissolution or permission to dissolve the vocational education and training institution, following Form No. 03 Appendix III issued with Decree 24/2022/ND-CP. In cases where the application is invalid or the dissolution is not approved, a written response detailing the reasons must be provided.

- In cases where the vocational education and training institution violates one of the cases stipulated in Clause 1, Article 21 of the Law on vocational education and training 2014 without a written proposal from the supervisory authority or from the organization, individual, or legal representative of the capital contributors who established the vocational education and training institution, the authority for establishment as defined in Article 7 of Decree 143/2016/ND-CP shall review and decide on the dissolution of the vocational education and training institution;

- The decision to dissolve a vocational education and training institution must clearly state the reason for dissolution, measures to ensure the rights of learners, teachers, lecturers, management staff, employees, and fulfill financial obligations as stipulated; as well as a resolution plan for the institution’s assets. The dissolution decision must be communicated to related agencies for coordination and publicly announced in the mass media;

- The authority for establishment or permission to establish the vocational education and training institution as defined in Article 7 Decree 143/2016/ND-CP holds the right to dissolve or allow the dissolution of the vocational education and training institution.

What is the deadline for sending the decision to dissolve a vocational education and training institution in Vietnam?

According to the provisions in Clause 5, Article 11 Decree 143/2016/ND-CP as amended by Point c, Clause 8, Article 1 of Decree 24/2022/ND-CP, the deadline for sending the decision to dissolve a vocational education and training institution in Vietnam is specified as follows:

- The Ministry of Labor, Invalids and Social Affairs; ministries, ministerial-level agencies, agencies under the Government of Vietnam, and central agencies of political-social organizations shall publicly announce the decision to dissolve or allow the dissolution of vocational education and training institutions on their respective websites;

- Within 02 working days from the date of issuing the dissolution decision, allowing the dissolution of colleges, the Ministry of Labor, Invalids and Social Affairs sends the decision to the supervisory authority of the college and the Provincial People's Committee where the college, prior to dissolution, is headquartered or has branch offices for monitoring and management;

- Within 02 working days from the date of issuing the dissolution decision of vocational education and training centers, public intermediate schools under ministries, ministerial-level agencies, agencies under the Government of Vietnam, and central agencies of political-social organizations, a copy of the decision is sent to the Ministry of Labor, Invalids and Social Affairs (General Department of vocational education and training), and the Provincial People's Committee where the vocational education and training center or public intermediate school is based prior to dissolution for tracking and management;

- Within 02 working days from the date of issuing the dissolution decision of vocational education and training centers, public intermediate schools under or allowing the dissolution of private vocational education and training centers, and intermediate schools in the area, the Provincial People’s Committee sends the decision to the Ministry of Labor, Invalids and Social Affairs (General Department of vocational education and training) for tracking and management.