Regulations on merger, division and dissolution of schools in Vietnam

Regulations on merger, division and dissolution of schools in Vietnam (Internet image)

1. Conditions for school establishment and conditions for educational operation in Vietnam

According to Article 49 of the Law on Education 2019, conditions for school establishment and conditions for educational operation in Vietnam include:

- A school is established when there is a proposal for its establishment that aligns with the socioeconomic development planning and the network planning of educational institutions as stipulated by the Law on Planning 2017.

The proposal for the school establishment clearly identifies the objectives, tasks, programs, and educational content; land, facilities, equipment, the intended school construction site, organizational structure, resources, and finance; strategic direction for the construction and development of the school.

- The school is permitted to conduct educational activities when it meets the following conditions:

• Having land, facilities, and equipment that satisfy the requirements for educational activities; the school construction site guarantees a safe educational environment for learners, teachers, and workers;

• Having educational programs and teaching, learning materials compliant with regulations suitable for each educational level and training; having a team of educators and managers who meet standards, sufficient in number, and synchronized in structure to ensure the implementation of educational programs and the organization of educational activities;

• Having sufficient financial resources as required to ensure the maintenance and development of educational activities;

• Having organizational and operational regulations for the school.

- Within the prescribed period, if the school meets all conditions specified in paragraph 2 of Article 49 of the Law on Education 2019, it will be permitted by the competent state agency to conduct educational activities; if, after the prescribed period, it does not meet the conditions specified in paragraph 2 of Article 49 of the Law on Education 2019, the establishment decision or the permission decision will be revoked.

2. Regulations on merger, division and dissolution of schools in Vietnam

The regulations on merger, division and dissolution of schools in Vietnam are specified in Article 51 of the Law on Education 2019 as follows:

- Merging, splitting, dividing schools must meet the following requirements:

• Align with the socioeconomic development planning and the network planning of educational institutions as stipulated by the Law on Planning 2017;

• Meet the needs of socioeconomic development;

• Ensure the rights and interests of educators and learners;

• Contribute to improving the quality and effectiveness of education.

- Schools are dissolved in the following cases:

• Severely violating regulations on management, organization, and activities of the school;

• The suspension period of educational activities expires without rectifying the causes leading to the suspension;

• The objectives and activities outlined in the establishment decision or permission decision of the school no longer align with the needs of socioeconomic development;

• Failing to ensure educational quality;

• At the request of the organization or individual who established the school.

- Decisions to merge, split, divide, and dissolve schools must clearly state the reasons and measures to ensure the rights and interests of educators, educational administrators, learners, and workers in the school, and must be publicly announced in the mass media.

3. 06 cases of suspension of educational activities

According to paragraph 1 of Article 50 of the Law on Education 2019, the 06 cases of suspension of educational activities include:

• Engaging in fraudulent behaviors to obtain permission for educational activities;

• Failing to meet one of the conditions specified in paragraph 2 of Article 49 of the Law on Education 2019;

• The person granting permission for educational activities is not authorized;

• Failing to implement educational activities within the prescribed period from the date permission for educational activities is granted;

• Violating legal regulations on education that result in administrative sanctions requiring suspension;

• Other cases as prescribed by law.

Vo Tan Dai

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