Who has the authority to permit the establishment of private upper secondary schools in Vietnam?

Who has the authority to permit the establishment of private upper secondary schools in Vietnam?

According to point c, clause 1, Article 47 of the Education Law 2019, private schools in Vietnam are funded by domestic or foreign investors and must ensure operational conditions.

Additionally, non-profit private schools are those in which investors commit and execute non-profit operations, as recorded in the establishment decision or the decision on the conversion of the school type.

According to clause 1, Article 26 of Decree 46/2017/ND-CP:

Procedures for establishing public secondary schools; approving the establishment of private secondary schools

1. The Chairman of the district-level People's Committee decides on the establishment or approves the establishment of lower secondary schools and schools with multiple educational levels, where the highest level is lower secondary education (hereinafter referred to as lower secondary schools); The Chairman of the provincial People's Committee (hereinafter referred to as the provincial People's Committee) decides on the establishment or approves the establishment of upper secondary schools and schools with multiple educational levels, where the highest level is upper secondary education (hereinafter referred to as upper secondary schools).

2. Dossier includes:

a) Proposal for the establishment of the school;

b) School establishment scheme;

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Thus, currently, the Chairman of the provincial People's Committee has the authority to approve the establishment of private secondary schools and private schools with multiple levels, where the highest level is upper secondary education.

Additionally, the dossier requesting the approval for the establishment of a private upper secondary school includes:

- Proposal for the establishment of the school;

- School establishment scheme;

Who has the authority to permit the establishment of private upper secondary schools in Vietnam?​ (Image from the Internet)

What are incentives for private upper secondary schools in Vietnam offered by the state?

According to Article 103 of the Education Law 2019, incentives for people-founded and private schools in Vietnam are prescribed as follows:

Incentives for People-founded and Private Schools

1. People-founded and private schools are assigned or leased land, provided or leased facilities, and supported with the budget when performing tasks ordered by the State; they are entitled to tax and credit incentives; they are guaranteed funding by the State to implement policies for learners as stipulated in Article 85 of this Law.

2. The Government of Vietnam prescribes in detail this Article.

Thus, private upper secondary schools are assigned or leased land, provided or leased facilities, and supported with the budget when performing tasks ordered by the State, and they are entitled to tax and credit incentives.

Who are included in the Council of private upper secondary schools?

Pursuant to clause 2, Article 10 of the Regulations for lower secondary schools, upper secondary schools, and schools with multiple levels in Vietnam issued with Circular 32/2020/TT-BGDDT:

School Council

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2. The school council of private secondary schools:

a) The school council of private secondary schools is the governing body of the school, exercising the rights of investors and associated stakeholders, responsible for implementing the decisions of the investors.

b) The composition of the school council includes representatives of investors, internal members, and external members elected by the investor's conference, based on the proportion of capital contribution.

The composition of the council of non-profit private schools includes representatives of investors elected by investors, based on the proportion of capital contribution; internal and external members. Internal members include ex officio members such as the secretary of the party committee, the principal, the chairman of the trade union, and the secretary of the Ho Chi Minh Communist Youth Union; elected members are representatives of teachers and staff elected by the general meeting or the school's delegate meeting. External members include leaders, managers, educators, businessmen, and alumni elected by the general meeting or the school's delegate meeting.

c) The duties, powers, establishment procedures, and operational regulations of the school council for private secondary schools are carried out according to the organizational and operational regulations of private secondary schools issued by the Minister of Education and Training.

Thus, the council of a private upper secondary school includes representatives of investors, internal and external members elected by the investor's conference, based on the proportion of capital contribution.

For non-profit private upper secondary schools, the council includes representatives of investors elected by investors based on the proportion of capital contribution; internal and external members.

- Internal members include ex officio members such as the secretary of the party committee, the principal, the chairman of the trade union, and the secretary of the Ho Chi Minh Communist Youth Union;

- Elected members are representatives of teachers and staff elected by the general meeting or the school's delegate meeting;

- External members include leaders, managers, educators, businessmen, and alumni elected by the general meeting or the school's delegate meeting.