What are cases of suspension of educational operations of a primary school in Vietnam?

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Question date: 03/12/2022

What are cases of suspension of educational operations of a primary school in Vietnam? What are cases of dissolution of a primary school in Vietnam? 

I have been granted an educational license by the competent authority for a private elementary school. However, recently, I received a decision to suspend educational activities for this private primary school from the head of the Department of Education and Training on the grounds of not carrying out educational activities within 1 year from the date of issuance of permission for educational activities. So, is my elementary school suspended? 

Please advise. Thankyou.

    • What are cases of suspension of educational operations of a primary school in Vietnam?
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    • 1. What are cases of suspension of educational operations of a primary school in Vietnam?

      In Clause 1, Article 20 of Decree 46/2017/ND-CP on suspension of educational operations of a primary school, specifically as follows:

      1. A primary school shall be subject to suspension of its educational operations when one of the following cases occurs:

      a) The school commits any fraudulent act in order to obtain a license for its educational operations;

      b) The school neither conforms to one of the eligibility requirements for establishment or permission for establishment as stipulated in Article 15 hereof nor conforms to licensing requirements for educational operations of a primary school in accordance with Article 17 hereof;

      c) The license for the school’s educational operations has been granted ultra vires;

      d) Its educational activities have not been carried out within the duration of 01 year from the licensing date;

      dd) The school has committed any offence against laws and regulations on education to the extent that it is subject to suspension imposed as an administrative penalty;

      e) Any other violation is committed as prescribed by applicable laws and regulations.

      Thus, based on the above provisions, since your primary school has not operated in education for 1 year from the date of permission to conduct educational activities in Vietnam, the suspension decision of the head of the Department of Education and Training is correct.

      2. What are cases of dissolution of a primary school in Vietnam?

      According to Clause 1, Article 21 of Decree 46/2017/ND-CP on dissolution of a primary school, specifically as follows:

      1. A primary school shall be closed when one of the following situations occurs:

      a) The school has committed serious violations against applicable regulations on organization or operation of a primary school;

      b) Upon expiration of the duration of suspension of educational operations specified in the suspension decision, causes of such suspension have not been corrected yet;

      c) Educational objectives and contents specified in the establishment decision or the decision on permission for establishment of a primary school have no longer matched local socio-economic development demands;

      d) The school is dissolved at the discretion of the organization or individual applying for establishment of the primary school.

      According to this Article, based on the above provisions, if your primary school in Vietnam falls into one of the above cases, it may be dissolved.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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