What are the cases of dissolution of a higher education institution or a branch of a higher education institution in Vietnam?

Cases of dissolution of a higher education institution or a branch of a higher education institution in Vietnam

Pursuant to the provisions of Clause 1, Article 96 of Decree 46/2017/ND-CP, a higher education institution or a branch of a higher education institution shall be dissolved when the following situations occur:

(1) It has committed serious violations against applicable regulations on organization or operation of a higher education institution or a branch of a higher education institution;

(2) Upon expiration of the duration of suspension specified in the suspension decision, causes for such suspension have not yet been corrected;

(3) Educational objectives and contents specified in the establishment decision or the decision on approval of establishment have no longer matched the national socio-economic development demands;

(4) The dissolution takes place upon the request of the organization or individual as the founder of a higher education institution or a branch of a higher education institution;

(5) Upon expiration of the duration of 05 years, it has failed to comply with the commitment specified in the approved proposal for its establishment after the date of entry into force of the decision on establishment or approval of establishment. 

What are the cases of dissolution of a higher education institution or a branch of a higher education institution in Vietnam? (Internet image)

Documentation and procedures for dissolution of a higher education institution or a branch of a higher education institution in Vietnam

(i) Authority to issue the decision on dissolution of a higher education institution

Pursuant to the provisions of Clause 2, Article 96 of Decree 46/2017/ND-CP, The Prime Minister shall have authority to issue the decision on dissolution of a higher education institution. The Minister of Education and Training shall have authority to dissolve the branch of a higher education institution.

(ii) The request documentation for dissolution of a higher education institution or a branch of a higher education institution

Pursuant to the provisions of Clause 3, Article 96 of Decree 46/2017/ND-CP, the request documentation for dissolution of a higher education institution or a branch of a higher education institution shall include:

- The written request for dissolution of a higher education institution or a branch of a higher education institution, submitted by the host entity of the requesting institution, or the organization or individual as the founder of that higher education institution or branch, which specifies reasons for or purposes of dissolution of the requesting institution;

- The plan for dissolution of a higher education institution or a branch of a higher education institution which specifies approaches to assuring legitimate rights and benefits of its students, lecturers, administrative officers and employees, the plan for treatment of assets and financial matters of the requesting institution.

(iii) Implementation procedures:

- The Ministry of Education and Training receives the request documentation for dissolution of a higher education institution or a branch of a higher education institution, and conduct its evaluation. Evaluation of the request documentation for dissolution of a higher education institution or a branch of a higher education institution shall be carried out according to the procedures similar to those applied to establishment of a higher education institution under the provisions of this Decree;

= Within the permitted duration of 15 business days of receipt of the request documentation, if the submitted set of documents has been found illicit, the Ministry of Education and Training sends a written notification to the requesting institution or branch of the requesting institution for any revision or modification;

= Within the permissible duration of 30 business days of receipt of the request documentation meeting regulations, the Ministry of Education and Training undertakes cooperation with relevant ministries or sectoral authorities in conduct of evaluation of the request documentation, prepares a consolidated report for submission to the Prime Minister for his consideration and decision in respect of a higher education institution, or his decision in respect of a branch of a higher education institution.

- Where a higher education institution or a branch of a higher education institution violates one of the regulations laid down in Points (1), (2), (3) and (4), but its host entity or the organization or individual as the founder of that institution or branch does not make any request, the Ministry of Education and Training bears responsibility for cooperating with relevant ministries or regulatory sectoral authorities in evaluation of conformity with requirements for dissolution of that institution or branch and submit an evaluation report to the Prime Minister for his consideration and decision in respect of a higher education institution, or his consideration or decision in respect of a branch of a higher education institution.   

(iv) Note

- The decision on dissolution of a higher education institution or a branch of a higher education institution must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of its students, teachers, administrative officers and employees and must be made known to the public through mass media.

- Upon the dissolution of a higher education institution or a branch of a higher education institution, the Government shall take back the allocated land in accordance with applicable laws on land and deal with associated assets in accordance with applicable laws and regulations.

Mai Thanh Loi

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