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PROCEDURES FOR DISSOLUTION OF FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS

In Article 18 of Decree No. 15/2019/ND-CP, regulations on dissolution of foreign-invested vocational education institutions are as follows:

Foreign-invested vocational education institutions shall be dissolved in the cases specified in Clause 1, Article 21 of the Law on Vocational Education and permitted to be dissolved in cases specified in Clause 2, Article 21 of the Law on Vocational Education.

Clauses 1 and 2, Article 21 of the Law on Vocational Education stipulate as follows:

  1. A vocational education institution shall be dissolved in the following cases:

a/ Violating the provisions of law causing serious consequences;

b/ The time limit for suspension of training activities expires without overcoming the causes leading to the suspension;

c/ Not to issue certificates of registration of vocational education activities after 36 months for colleges or intermediate schools or 24 months for vocational education centers, from the effective date of the establishment decision or establishment permit;

d/ Failing to carry out training activities after 24 months from the date of issuance of the certificate of registration of vocational education activities.

  1. A vocational education institution may be dissolved at the request of the organization or individual establishing such vocational education institution

II. Dissolution records:

A dossier of dissolution of a foreign-invested vocational education institution as prescribed in Clause 1, Article 21 of the Law on Vocational Education is 01 ministry, including:

  • A written request for dissolution by the competent authority, clearly stating the reasons for dissolution;
  • Conclusion of inspection and examination for acts specified at Point a, Clause 1, Article 21 of the Law on Vocational Education;
  • Decision on suspension of training activities by competent agencies for acts specified at Point b, Clause 1, Article 21 of the Law on Vocational Education;
  • Inspection record of the competent agency issuing the certificate of registration of vocational education activities in the cases specified at Points c and d, Clause 1, Article 21 of the Law on Vocational Education.

 

A dossier of dissolution of a foreign-invested vocational education institution as prescribed in Clause 2, Article 21 of the Law on Vocational Education is 01 set, including:

  • A written request of an organization or individual owning a foreign-invested vocational education institution, clearly stating the reason for dissolution;
  • Dissolution plan, which clearly states the plan to settle assets and interests of learners, teachers, managers, employees and employees and fulfill financial obligations in accordance with law.
PROCEDURES FOR DISSOLUTION OF FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS - HTLaw

III. Authority to authorize dissolution

Persons competent to permit the establishment of foreign-invested vocational education institutions as prescribed in Article 13 of this Decree may permit the dissolution of foreign-invested vocational education institutions.

Accordingly:

– The Minister of Labor, War Invalids and Social Affairs shall decide to allow the establishment of colleges and branches of foreign-invested colleges.

– Presidents of provincial-level People’s Committees shall decide to permit the establishment of vocational education centers, intermediate schools and branches of foreign-invested secondary schools.

IV. The procedure for allowing dissolution

  • About the sequence:

Foreign-invested vocational education institutions shall make dissolution dossiers as prescribed in Clause 3 of this Article and send them directly or via online public service portals or post offices to the General Department of Vocational Education for colleges; Department of Labor, War Invalids and Social Affairs for vocational education centers and intermediate schools;

Within 20 working days after receiving a complete and valid dossier, the dossier-receiving agency shall appraise the dissolution dossier and submit it to a competent person specified in Clause 4 of this Article for consideration and decision to allow dissolution. In the decision permitting the dissolution of a foreign-invested vocational education institution, the reasons for dissolution and measures to ensure the interests of learners, teachers, managers, employees and employees must be clearly stated; plans for settling assets and fulfilling financial obligations in accordance with law;

In case a foreign-invested vocational education institution violates one of the cases specified in Clause 1, Article 21 of the Law on Vocational Education, the General Department of Vocational Education or the Department of Labor, War Invalids and Social Affairs shall make a dossier of request for dissolution as prescribed in Clause 2 of this Article and submit it to a competent person specified in Clause 4 This Article shall consider and decide on the dissolution of the foreign-invested vocational education institution according to Form 2B in the Appendix enclosed with this Decree;

In case the dissolution dossier is invalid, within 03 working days from the date of receipt of the dossier, the dossier-receiving agency shall reply in writing to the organization or individual requesting the dissolution of the foreign-invested vocational education institution clearly stating the reason.

  • About the time limit for submitting a decision allowing dissolution

Within 02 working days from the date of the decision allowing the dissolution of a foreign-invested college, the General Department of Vocational Education shall send the decision to the People’s Committee of the province where the foreign-invested college is located for monitoring,  manage and notify on their agencies’ websites the decision to allow the dissolution of foreign-invested colleges;

Within 02 working days from the date of decision allowing the dissolution of foreign-invested intermediate schools or vocational education centers, provincial-level People’s Committees shall send the decision to the General Department of Vocational Education for monitoring, management and notification on their agencies’ websites of the decision allowing dissolution intermediate schools, foreign-invested vocational education centers.

 

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