16:00 | 14/12/2022

What are included in the application for establishment of the foreign language center in Vietnam?

What are included in the application for establishment of the foreign language center in Vietnam? Which authorities shall receive the application for establishment of the foreign language center in Vietnam? What are licensing requirements for educational operations of the foreign language center in Vietnam? What are regulations on dissolution of the foreign language center in Vietnam?

Hello Lawnet. I intend to establish a foreign language center in Vietnam, but I don't know much about regulations on this sector. I have a question. What are included in the application for establishment of the foreign language center? Which authorities shall receive the application for establishment of the foreign language center/

Thank you!

What are included in the application for establishment of the foreign language center in Vietnam?

Pursuant to Clause 2 Article 47 of the Decree 46/2017/NĐ-CP (amended by Clause 20 Article 1 of the Decree 135/2018/NĐ-CP) stipulating procedures and documentation requirements for establishment of the foreign language and computer training center in Vietnam as follows:

a) The request form for establishment of the foreign language and computer training center;

b) The proposal for establishment of the foreign language and computer training center that specifies the following contents such as the center's name, type, location, necessity and legal grounds for establishment of the center; objectives, functions and missions of the center; training curriculum and scale; facilities of the center; organizational structure, Director or Vice Director (if any) of the center, teams (or specialized divisions); CV of the recommended Director of the center;

c) The draft statutes of operations of the foreign language and computer training center.

As regulations above, the application for establishment of the foreign language center in Vietnam must include the request form for establishment of the foreign language center, the proposal for establishment of the foreign language center, and the draft statutes of operations of the foreign language center.

Which authorities shall receive the application for establishment of the foreign language center in Vietnam?

Pursuant to Clause 1 Article 49 of the Decree 46/2017/NĐ-CP (amended by Clause 22 Article 1 of the Decree 135/2018/NĐ-CP) stipulating procedures and documentation requirements for educational operations of a foreign language and computer training center in Vietnam as follows:

a) The Director of the Department of Education and Training shall be vested with authority to issue the decision on approval of educational operations of foreign language and computer training centers prescribed in Point b and Point c Clause 1 Article 47 hereof;

b) The Director of a university, academy and Rector of a higher education institution or college shall be accorded authority to issue the decision to license educational operations of the foreign language and computer training center operating within the precincts of such university, academy, higher education institution and college.

Pursuant to Clause 1.b and c, Article 47 of the Decree 46/2017/NĐ-CP (amended by Article 1 of the Decree 135/2018/NĐ-CP) stipulating as follows:

b) The head of a social organization, socio-professional organization or economic organization authorized by laws to establish training centers shall be vested with authority to make his/her decision on the foreign language and computer training centers that fall within his/her remit;

c) The Director of the Department of Education and Training shall be vested with authority to grant a decision on establishment of the centers that fall within his/her remit; or approval of establishment of the centers of higher education institutions, academies, universities or pedagogy colleges that are located outside the precincts of these higher education institutions, academies, universities or pedagogy colleges, and those prescribed in Point b Clause 1 of this Article.

As regulations above, the application for establishment of the foreign language center in Vietnam shall be submitted to the Director of the Department of Education and Training.

What are licensing requirements for educational operations of the foreign language center in Vietnam?

Pursuant to Article 48 of the Decree 46/2017/NĐ-CP (amended by Clause 21 Article 1 of the Decree 135/2018/NĐ-CP) stipulating licensing requirements for educational operations of the foreign language center in Vietnam as follows:

1. The center employs administrative officers, teachers and employees that meet statutory qualification requirements and its operational requirements.

2. The center must provide adequate facilities, equipment, teaching materials and sources of financing for ensuring training quality in conformity with the center’s development plan and operating scale.'

As regulations above, licensing requirements for educational operations of the foreign language center in Vietnam are administrative officers, teachers and employees, and adequate facilities, equipment, teaching materials and sources of financing.

What are regulations on dissolution of the foreign language center in Vietnam?

Pursuant to Article 52 of the Decree 46/2017/NĐ-CP (amended by Article 2 of the Decree 135/2018/NĐ-CP) stipulating dissolution of the foreign language center in Vietnam as follows:

1. A foreign language and computer training center shall be closed when one of the following situations occurs:

a) The center has committed serious violations against applicable regulations on administration, organization or operation of a foreign language and computer training center;

c) The center is dissolved at the request of the organization or individual applying for establishment of the foreign language and computer training center.

2. The competent person authorized to grant the decision on establishment of the center shall be vested authority to issue the decision on dissolution of the center.

3. Implementation procedures:

a) The competent person having authority to issue the decision on establishment of the foreign language and computer training center establishes the inspection team to carry out the field inspection at the center, recommends possible solutions or consider solutions recommended by the organization or individual founding the center, makes recommendations and prepares a report on the inspection results;

b) Based on the inspection results, the competent person authorized to grant the decision on establishment of the center issues the decision on dissolution of the center. The dissolution decision must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of the center’s students, teachers, administrative officers and employees and must be made known to the public through mass media.

Best regards!

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