Procedures for establishing public secondary schools in Vietnam from November 20, 2024

Procedures for establishing public secondary schools in Vietnam in Vietnam from November 20, 2024 (Image from the Internet)

On October 5, 2024, the Government of Vietnam issued Decree 125/2024/ND-CP, stipulating investment and operational conditions in the field of education.

Conditions for establishing public secondary schools in Vietnam from November 20, 2024

The establishment of public secondary schools in Vietnam must ensure the following conditions:

- A proposal for establishment or permission to establish a secondary school that is in line with the provincial plan and other related local plans where the school is to be located.

- The scheme clearly identifies the objectives, tasks, program, and educational content; land, facilities, equipment, location intended for school construction; organizational apparatus; resources and finances; strategic orientation for school construction and development.

(Article 25 Decree 125/2024/ND-CP)

Procedures for establishing public secondary schools in Vietnam from November 20, 2024

According to Article 26 Decree 125/2024/ND-CP stipulating the rocedures for establishing public secondary schools in Vietnam from November 20, 2024:

(1) The chairman of the district people's committee decides on establishing public secondary schools in Vietnam and schools with multiple levels of the highest being lower secondary (hereinafter referred to as lower secondary schools) or authorizes the establishment of private lower secondary schools; the chairman of the provincial or city people's committee (hereinafter referred to as the provincial people's committee) decides on establishing public upper secondary schools and schools with multiple levels of the highest being upper secondary (hereinafter referred to as upper secondary schools) or authorizes the establishment of private upper secondary schools.

(2) The dossier includes:

- A submission requesting the establishment or permission to establish a school (according to Form 01 Appendix I attached to Decree 125/2024/ND-CP);

- A scheme for establishment or permission to establish a school (according to Form 02 Appendix I attached to Decree 125/2024/ND-CP).

(3) Implementation procedure:

- The commune people's committee (if requesting to establish a public lower secondary school); the district people's committee (if requesting to establish a public upper secondary school); organizations, individuals (if requesting to authorize the establishment of private secondary schools) submit 01 set of documents specified in (2) through the online public service portal or by post or directly to the district people's committee for lower secondary schools, the provincial people's committee for upper secondary schools;

- Within 5 working days from the date of receiving enough documents, if the dossier is invalid, the district people's committee or the provincial people's committee shall notify in writing the contents that need to be amended and supplemented to the agency, organization, or individual; if the dossier is valid, the district people's committee shall direct the Department of Education and Training or the provincial people's committee shall direct the Education and Training Department to organize the appraisal of conditions for establishment or authorization of secondary schools;

- Within 20 days from the date of receiving a valid dossier, the Department of Education and Training or the Education and Training Department presides, cooperates with specialized related units to appraise the conditions for establishment or authorization of secondary schools in the file; sets up an appraisal report to assess the compliance with the regulations at Article 25 Decree 125/2024/ND-CP; submits to the chairman of the district people's committee or the chairman of the provincial people's committee for consideration and decision;

- Within 5 working days from the date of receiving the appraisal report from the Department of Education and Training or the Education and Training Department, if conditions are met, the chairman of the district people's committee or the chairman of the provincial people's committee decides on the establishment or authorization of secondary schools; if conditions are not met, it notifies in writing to the requesting agency, organization, or individual and clearly states the reason.

The decision on the establishment or authorization of a secondary school (according to Form 10 Appendix I attached to Decree 125/2024/ND-CP) is publicly announced on mass media.

(4) After two years from the date of the decision on establishment or authorization of a secondary school takes effect, if the secondary school is not allowed to operate in education, the Department of Education and Training or the Education and Training Department shall report to the chairman of the district people's committee or the chairman of the provincial people's committee for revocation of the decision on establishment or authorization of the school.

(5) In case the secondary school relocates its educational operations, it must meet the conditions and carry out the procedure for establishment or authorization of a secondary school, and authorization for secondary school educational operations as regulated in Decree 125/2024/ND-CP. In the scheme (according to Form 02 Appendix I attached to Decree 125/2024/ND-CP), the secondary school must commit to inheriting the rights, obligations, and responsibilities of the secondary school requesting the relocation.

More details can be found in Decree 125/2024/ND-CP which comes into force in Vietnam from November 20, 2024.

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