What are the regulations on suspension and dissolution of vocational education institutions in Vietnam? - Kim Ly (Long An, Vietnam)
Regulations on suspension and dissolution of vocational education institutions in Vietnam (Internet image)
1. What are vocational education institutions?
According to Article 5 of the Law on Vocational Education 2014, cocational education institutions include:
- Vocational education centers;
- Vocational training schools;
- Colleges.
At the same time, vocational education institutions shall be organized under following types:
- Public vocational education institution is a State-owned vocational education institution, whose facilities invested and constructed by the State;
- Private vocational education institution is a vocational education institution under ownership of a social organization, a socio-professional organization, a private economic organization or individual, or a vocational education institution invested and constructed by a social organization, a socio-professional organization, a private economic organization, or an individual;
- Foreign-invested vocational education institution includes wholly foreign-invested vocational education institution; joint-venture vocational education institution between domestic investors and foreign investors.
2. Suspension of vocational education in Vietnam
Suspension of vocational education in Vietnam under Article 20 of the Law on Vocational Education 2014 is as follows:
- A vocational education institution shall be suspended its vocational education operation in the following cases:
+ Commit fraud acts in order to be established or permitted for establishment or receive the Certificate in vocational education registration;
+ Do not satisfy one of requirements as prescribed in Clause 1 Article 19 of the Law on Vocational Education 2014;
+ Organize vocational education activities when it is not granted the Certificate in vocational education registration;
+ Commit violations against law on vocational education and face administrative penalty on suspension of activities;
+ Other cases as prescribed.
- The Decision on suspension of vocational education activities must contain reasons for the suspension, deadline for suspension, measures ensuring lawful interests of the educators, civil servants, workers and students.
The decision on suspension of vocational education shall be announced on the means of mass media.
- The competent persons granting the Certificate in vocational education registration may suspend the vocational education activities.
The Heads of vocational education authorities in the central government shall regulate the procedures for suspension of vocational education activities.
- After the deadline for suspension of vocational education activities expires, if the problems for suspension are solved, the competent person in charge of suspension decision may make another decision on resuming the vocational education activities.
3. Dissolution of vocational education institutions in Vietnam
Dissolution of vocational education institutions in Vietnam under Article 21 of the Law on Vocational Education 2014 is as follows:
- 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.
- The Decision on suspension of vocational education activities must contain reasons for the dissolution, measures ensuring lawful interests of the educators, civil servants, workers and students.
The decision on dissolution of vocational education institutions must be announced on the means of mass media.
- The competent persons establishing or permitting the establishment of vocational education institutions may dissolve or permit the dissolution of vocational education institutions.
The Heads of vocational education authorities in the central government shall regulate the procedures for dissolution or permission for dissolution of vocational education institutions.
Quoc Dat