Decree 84: Converting private institutions for general education in Vietnam to not-for-profit institutions for general education

According to Decree No. 84/2020/NĐ-CP Vietnam’s Government, converting private institutions for general education to not-for-profit institutions for general education is specified as follows:

1. Application for conversion

According to Clause 1 Article 7 of Decree No. 84/2020/NĐ-CP Vietnam’s Government, an application for conversion consists of:

- Written request for converting private institutions for general education to not-for-profit institutions for general education;

- Documents of investors representing at least 75% of total capital of private institutions for general education converting to not-for-profit institutions for general education on guaranteeing not-for-profit operations, not withdrawing capital, not benefitting from profit;

- Draft organizational and operational regulations; draft internal financial regulations of private not-for-profit institutions for general education;

- Photocopies from the original copies, verified true copies or photocopies attached to original copies of audit result reports;

- Agreements on dealing with capital of investors who reject conversion of private  institutions for general education to not-for-profit (if any);

- Documents related to land, assets, finance, organization and personnel of private institutions for general education to be converted to not-for-profit institutions for general education;

- Assessment reports on impact of changes in personnel, finance, assets and methods of processing;

- Decision on establishment of private institutions for general education, decisions on acknowledging present principals of private institutions for general education and other relevant documents (if any).

2. Procedures for conversion

Decree No. 84/2020/NĐ-CP specifies the procedures for conversion as follows:

- Forms of application submission: In person, postal service or online and 1 physical copy.

- Receiving places:

+ People’s Committee of district: private primary schools, private lower secondary schools and multi-level schools whose highest level of education is lower secondary education level invested and operationally guaranteed by domestic investors;

+ People’s Committees of provinces: private upper secondary schools and private multi-level schools whose highest level of education is upper secondary education level invested and operationally guaranteed by domestic investors and private institutions for general education invested and operationally guaranteed by foreign investors;

+ Ministry of Education and Training in case of private institutions for general education applied by diplomatic missions and inter-government international organizations;

- Time limit for processing: 20 working days from the date on which adequate application is received. Decision on conversion shall be publicized on the website of agencies that decide on the conversion.

In case of inadequate application, within 5 working days from the date on which the application is received, People’s Committees of districts, People’s Committees of provinces or Ministry of Education and Training shall submit notice to private institutions for general education and specify reasons.

View more details at Decree No. 84/2020/NĐ-CP of Vietnam’s Government, effective from September 01, 2020.

Ty Na

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