Cases of dissolution of vocational education institutions in Vietnam

1. Cases of dissolution of vocational education institutions

According to Article 21 of the Law on Vocational Education 2014 of Vietnam, a vocational education institutions shall be dissolved in the following cases:

- Commit violations against law causing serious consequences;

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

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

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

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

2. Application for dissolution of vocational education institution

According to Clauses 2 and 3 of Article 11 of Decree No. 143/2016/NĐ-CP of Vietnam’s Government, where it is stipulated in clause 1 Article 21 of the Law on Vocational Education 2014 of Vietnam, the applicant shall submit an application for dissolution enclosing with a written request for dissolution by the competent authority which specifies reasons for dissolution and the following documents:

- An inspection conclusion of actions specified in points a clause 1 Article 21 of the Law on Vocational Education 2014 of Vietnam;

- A decision on suspension of vocational education by the competent authority (for vocational education institutions taking actions specified in point b clause 1 Article 21 of the Law on Vocational Education 2014 of Vietnam;

- An inspection record by the issuer of registration certificate or governing body of the vocational education institution for vocational education institutions prescribed in point c and d clause 1 Article 21 of the Law on Vocational Education 2014 of Vietnam.

The application for dissolution of a vocational education institution prescribed in clause 2 Article 21 of the Law on Vocational Education 2014 of Vietnam shall include a written request which specifies reasons and methods of dissolution made by the governing body or applicant that applied for establishment/permission to establish the vocational education institution.

The method of dissolution shall include:

- Asset liquidation plan;

- Approaches to protect the interests of students, teachers, lecturers, officers, staff and employees and financial obligations under regulations of laws.

3. Procedure and authorities to dissolve and to give permission to dissolve vocational education institutions

According to Clause 4 of Article 11 of Decree No. 143/2016/NĐ-CP of Vietnam’s Government, procedure and authorities to dissolve vocational education institutions  are prescribed as follows:

- Within 20 working days from the date of receipt of a valid application, an affiliate of the regulatory authority of the social-political organization, Departments of Labor, War Invalids and Social Affairs and General Directorate of Vocational Training shall assess the application and submit it to the competent person who issued the decision on establishment/decision on grant of permission to establish the vocational education institution.

- Where any vocational education institution commits any of cases prescribed in clause 1 Article 21 of the Law on Vocational Education but the governing body or legal representative of stakeholders of that vocational education institution does not submit a written request, the competent person who made the decision on establishment/grant of permission to establish the vocational education institution shall consider making decision on dissolution of that vocational education institution.

- A decision on dissolution or decision on grant of permission for voluntary dissolution of a vocational education institution shall specify reasons for dissolution, approaches to protect interests of students, teachers, lecturers, officers, staff and employees, financial obligations and liquidation plan under regulations of laws. The decision on dissolution or decision on grant of permission for voluntary dissolution shall be informed to relevant agencies for cooperation in implementation and shall be made publicly via means of mass media.

- The competent person who made the decision on establishment or grant of a permission to establish the vocational education institution also has the power to dissolve or give permission to dissolve that vocational education institution.

Time limits for transfer of decisions on dissolution and permission for voluntary dissolution:

- Within 05 working days from the date on which the decision on dissolution or permission for voluntary dissolution of a college is signed, the General Directorate of Vocational Training shall transfer such decision/permission to the people’s Committee of the province, governing body of the college for administration;

- Within 05 working days from the date on which a decision on dissolution of a public vocational training center or vocational school affiliated to a regulatory authority of a social-political organization is signed, that regulatory authority shall submit such decision to the General Directorate of Vocational Training and People’s Committee of the province where the headquarters of that vocational school/vocational training center is located for administration;

- Within 05 working days from the date on which a decision on dissolution of a public vocational training center or vocational school under the management of the provincial government and decision on grant of a permission to dissolve a private vocational training center or vocational school in the province is signed, the People’s Committee of the province shall submit such decision to the General Directorate of Vocational Training for administration.

This is the content of Clause 5 Article 11 of Decree No. 143/2016/NĐ-CP of Vietnam’s Government.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE