Chương III: Nghị định 46/2017/NĐ-CP Cơ sở giáo dục phổ thông

Chapter III

GENERAL EDUCATION INSTITUTION

Section 1. PRIMARY SCHOOL

Article 15. Regulatory requirements for establishment of public primary schools, or permission for establishment of private primary schools

1. The proposal for establishment of a primary school must be consistent with the local educational network development plan approved by the state regulatory authority, correspond to local socio-economic development requirements, and provide favorable conditions for children to go to school with the aim of fulfilling the primary education universalization mission.

2. The proposal for establishment of a primary school must clearly define objectives, missions, curriculum framework and outline; facilities, equipment, intended construction site and land coverage; organization and personnel structure, financial and other resources; guidelines and strategies for school construction and development.  

Article 16. Procedures and documentation requirements for establishment of public primary schools, or permission for establishment of private primary schools

1. The President of the district-level People’s Committee shall be accorded authority to grant the decision on establishment of a public primary school, or permission for establishment of private primary school.

2. The application package shall be composed of the following:

a) The request form for establishment of a primary school;

b) The proposal for establishment of a primary school;

c) The CV and the copy of the legitimate degree or certificate of the recommended rector;  

d) The written opinion of relevant authority on establishment or permission for establishment of the school;

dd) The statement of explanation for acceptance of opinions from relevant authorities and the complementary report prepared under the direction of the district-level People’s Committee (if any).

3. Implementation procedures:

a) The commune-level People’s Committee (if the applicant is a public primary school), or the organization or individual (if the applicant is a private primary school) shall send 01 set of documents referred to in Clause 2 of this Article, whether directly or by post, to the Subdepartment of Education and Training;

b) The Subdepartment of Education and Training shall handle submitted application documents.  Within the permitted duration of 05 business days of receipt of these documents, if the submitted set of documents has been found illicit, a written notification of contents that require modification must be sent to the respective applicant. Within the maximum period of 20 business days of receipt of all legally required documents, if all stipulated requirements are met, the Subdepartment of Education and Training shall give its opinions in writing and send the written request for approval of establishment or permission for establishment of the school to the district-level People’s Committee;

c) Within the maximum duration of 20 business days of receipt of all legal application documents, the President of the district-level People’s Committee shall grant the decision on establishment or approval of establishment of the requesting school. In case of refusal to grant that decision, a written notification which clarifies reasons for such refusal must be sent to the Subdepartment of Education and Training, the commune-level People’s Committee and the requesting organization or individual.

4. Upon expiration of the duration of 02 years after the date of entry into force of the decision on establishment or approval of establishment, if the requesting primary school has yet to obtain any permission for its educational operations, the Subdepartment of Education and Training shall report to the President of the district-level People's Committee on the decision on cancellation of the decision on establishment or permission for establishment of the school. 

Article 17. Licensing requirements for educational operations of a primary school

1. Obtain the decision on establishment or approval of establishment of the school.

2. Own land, school head office, facilities and equipment that meet regulatory requirements concerning educational operations:

a) The minimum area of land used for construction of the requesting school that is determined by taking into account the number of classes, students and geographic characteristics shall be at least 10 m² per a student in rural or mountainous regions; 06 m² per a student in municipal or urban regions. As for administrative subdivisions short of unoccupied land, it shall be possible that the usable area of land is replaced by the floor area of land and is adequate as prescribed; the district-level People’s Committee shall be responsible for preparing the proposal for use of the replacement area which must be approved by the provincial-level People’s Committee;

b) The school construction project is divided into the following sections:

- A section consisting of perimeter fences, school gates, name signs, classrooms, rector’s office, vice rector’s office, offices, conference rooms, teacher’s rooms, libraries, educational equipment storage spaces, computer labs, history and Young Pioneers’ activity exhibition houses, healthcare rooms, guard rooms;

- A section consisting of arts education rooms, audiovisual rooms, student consultation rooms, rooms for inclusive education for students with disabilities, physical education or multi-functional rooms;

- A section consisting of toilet areas particularly intended for males, females, teachers, students and disabled students, garbage disposal areas and water supply and drainage systems that conform to stipulated sanitary standards, parking lots intended for students, teachers and staff, land plots used for play and physical activities conforming to requirements that it must occupy at least 30% of total area of the school, play activity courtyards must be built on flat grounds and shaded by trees, and physical training yards which must be suitable and ensure safety for students;  

- A section consisting of canteens and dormitories that ensure conditions for semi-boarding student’s healthy life, toilet areas built on each floor or block of classrooms, swimming pools, physical education areas with play tools, training and fitness aids or equipment for students.  

c) The requesting school must fully provide educational equipment according to the list of basic educational equipment articles issued by the Ministry of Education and Training, promptly meet requirements concerning teaching equipment provided for teachers and students.

3. The site for construction of the school must provide safe educational environment for learners, teachers and employees.

4. Educational program and teaching or learning materials must be appropriate for primary education activities.

5. The staff of teachers, administrative officers and employees meets stipulated qualitative and quantitative standards, be uniform in terms of personnel structure and satisfy requirements of an educational program.

6. The school must maintain a sufficient amount of financial resources as required by laws in order to ensure continued operation and development of its educational activities.

Article 18. Procedures and documentation requirements for approval of educational operations of a primary school

1. The Head of the Subdepartment of Education and Training shall be accorded authority to grant the requesting primary school the license to carry out its educational operations.

2. The application package shall be composed of the following:

a) The request form for permission for educational operations;

b) The decision on establishment or approval of establishment of the school;

c) The written report on a relevant competent authority's inspection of regulatory requirements referred to in Article 17 hereof.

3. Implementation procedures:

a) The rector of the requesting school shall be responsible for preparing the application documentation for approval of educational operations, referred to in Clause 2 of this Article;

b) The Subdepartment of Education and Training shall accept the submitted documentation and check licensing requirements for educational operations in accordance with Article 17 hereof. Within the duration of 20 business days of receipt of all required documents, the Head of the Subdepartment of Education and Training shall issue a decision on approval of organization of educational activities to the requesting school; in case of refusal to issue the decision, a written notification in which reasons for such refusal and possible solutions should be clearly specified shall be sent to the requesting school.

Article 19. Merger, division or split-up of a primary school

1. Merger, division or split-up of a primary school shall conform to the following requirements:

a) Correspond to the local educational network development plan approved by the state regulatory authority and match local socio-economic development demands;

b) Assure safety, legal rights and benefits for students, contribute to increasing educational quality and effectiveness;

c) Ensure that legal rights and benefits of teachers, administrative officers and employees are maintained.

2. The President of the district-level People’s Committee shall be vested with authority to issue a decision on merger, division or split-up, or permission for merger, division or split-up of a primary school.

3. The application package shall be composed of the following:

a) The request form for merger, division or split-up;

b) The proposal for merger, division or split-up;

c) The written confirmation of financial status, assets, real property, loans and liabilities as well as other relevant matters;

d) The written opinion of the relevant authority.

4. Merger, division or split-up of a primary school shall be carried out according to the processes similar to those for establishment of primary school referred to in Clause 3 Article 16 hereof.

Article 20. Suspension of educational operations of a primary school

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.

2. The Head of the Subdepartment of Education and Training shall be accorded authority to issue a decision on suspension of educational operations of the defaulting school.

3. Implementation procedures:

a) Where it is established that the school has committed one of the violations prescribed by Clause 1 of this Article, the Head of the Subdepartment of Education and Training shall decide to establish the inspection team, organize inspection activities and make a report on the field inspection of the school;

b) In light of the severity of violation that the school has committed, the Head of the Subdepartment of Education and Training shall issue a decision on suspension of educational operations of the defaulting school and report to the district-level People's Committee. c) The decision to suspend educational operations of a primary school must specify reasons for such suspension, duration of suspension, approaches to assuring legal rights and benefits of the school’s students, teachers, administrative officers and employees and must be made known to the public through mass media;

c) Upon expiration of the duration of suspension, if the suspended school has succeeded in mitigating causes resulting in such suspension and submitted the application documentation referred to in Point d of this Clause for restoration of its educational operations, the Head of the Subdepartment of Education and Training shall issue a decision on permission for restoration of educational operations which must be made known to the public through mass media. In case of refusal to grant permission for restoration of educational operations, a written notice must be sent to the school, give clear reasons for such refusal and provide any possible solution;

d) Documents submitted to apply for restoration of educational operations shall be composed of the followings:

- The request form for permission for restoration of educational operations;

- The decision on establishment of the inspection team;

- Inspection report.

dd) Processes for grant of permission for restoration of educational operations of a primary school shall be subject to Clause 3 Article 18 hereof.

Article 21. Dissolution of a primary school

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.

2. The President of the district-level People’s Committee shall be accorded authority to grant a decision on dissolution of a primary school, or permission for dissolution of a private primary school.

3. The application package shall be composed of the following:

a) The primary school can be dissolved as prescribed by Point a, b and c Clause 1 of this Article if it submits the following documents:

- The request form for dissolution submitted by the Subdepartment of Education and Training;

- Documentation relating to suspension of educational operations;

- Documents concerning failure to mitigate causes of suspension of educational operations;

- The decision on establishment of the inspection team;

- Inspection report.

b) The primary school can be dissolved as prescribed by Point a, b and c Clause 1 of this Article if it submits the following documents:

- The request form for dissolution submitted by an organization or individual;

- The request form for dissolution submitted by the Subdepartment of Education and Training.

4. Implementation procedures:

a) The Subdepartment of Education and Training shall measure the severity of violation referred to in Point a, b and c Clause 1 of this Article or consider the request for dissolution of the organization or individual applying for establishment of the school; request the President of the district-level People's Committee in writing to issue a dissolution decision;

b) The district-level People’s Committee shall consider the request of the Head of the Subdepartment of Education and Training to decide whether or not the school's dissolution is allowed within the duration of 20 business days after receipt of all required documents.  The dissolution decision must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of the school’s students, teachers, administrative officers and employees and must be made known to the public through mass media.

Section 2. OTHER EDUCATIONAL INSTITUTION PROVIDING THE PRIMARY EDUCATION PROGRAM

Article 22. Regulatory eligibility requirements for provision of primary education programs by other educational institutions

1. The educational institution must satisfy requirements for assistance with primary education universalization set down by the local jurisdiction where that institution is located. 

2. The educational institution must be sponsored by a primary school and provide support to a competent authority for management of educational programs, teaching plans, textbooks and reference materials, educational activities, and documents necessary for educational activities, student performance assessment or grading.   

3. The educational institution must employ a staff of qualified administrative officers and teachers conforming to the regulatory standards.

4. The educational institution must have classrooms that conform to the following requirements:

a) Ensure that a classroom is designed in conformity with the predetermined specifications, provides adequate lighting, is kept cool in the summer and warm in the winter, is safe for teachers and students in accordance with applicable school sanitation and hygiene norms, and provides basic amenities for students with disabilities to make their learning activities easier;    

b) Make the following equipment available for use, such as student’s chairs and desks conforming to the stipulated specifications and providing adequate seats for all students, teacher's chairs and desks, board, lights, fans (installed at places where electricity is supplied), document and teaching equipment storage cabinets. 

Article 23. Regulatory procedures for provision of primary education programs by other educational institutions

1. The President of the commune-level People’s Committee shall license other educational institutions to provide primary education programs.

2. The application package shall be composed of the following:

a) The request form for the license to provide primary education programs;

b) The certified duplicate copy of the degree or certificate of the recommended director of the requesting educational institution;

c) The written document evidencing receipt of sponsorship from the primary school located within the same district.

3. Implementation procedures:

a) The requesting organization or individual shall send 01 set of application documents referred to in Clause 2 of this Article, whether directly or by post, to the commune-level People’s Committee;

b) The commune-level People’s Committee shall receive the submitted application documentation.  Within the permitted duration of 05 business days of receipt of such documentation, if the submitted documentation has been found illicit, a written notification of contents that require modification must be sent to the respective applicant;

c) Within the duration of 20 business days of receipt of all valid documents, the President of the commune-level People’s Committee shall issue a decision on permission for other educational institutions to provide primary education programs; in case of refusal to issue such decision, a written notification in which reasons for such refusal and possible solutions should be clearly specified shall be sent to the respective applicant.

Article 24. Suspension or revocation of the decision on permission for provision of primary education programs by other educational institutions

1. Suspension of the decision on permission for provision of primary education programs by other educational institutions shall be carried out in the same manner as that of a primary school in accordance with Article 20 hereof.

2. Revocation of the decision on permission for provision of primary education programs by other educational institutions shall be carried out as follows:

a) The President of the commune-level People’s Committee shall revoke the decision on permission for provision of primary education programs by other educational institutions.

b) The educational institution shall be subject to revocation of the decision on permission for provision of primary education programs when one of the following situations occurs:

- The educational institution is dissolved in accordance with applicable laws and regulations;

- a) The educational institution has committed serious violations against applicable regulations on organization or operation of a educational institution;

- Upon expiration of the duration of suspension, causes for such suspension have not been corrected yet;

- Educational objectives and contents have no longer matched local socio-economic development demands;

- The educational institution is dissolved at the request of the organization or individual applying for establishment of the educational institution;

- As otherwise prescribed by applicable laws and regulations.

c) Revocation of the decision on permission for provision of primary education programs by other educational institutions must define reasons for such revocation, provide approaches to assuring legal rights and benefits of that educational institution’s students, teachers, administrative officers and employees and must be made known to the public through mass media.

Section 3. LOWER SECONDARY SCHOOL, UPPER SECONDARY SCHOOL AND MULTI-LEVEL GENERAL EDUCATION SCHOOL

Article 25. Regulatory eligibility requirements for establishment of a public lower secondary school, upper secondary school and multi-level general education school (hereinafter referred to as secondary school), or permission for establishment of a private secondary school

1. The proposal for establishment of a secondary school must be consistent with the local socio-economic development and education network plan approved by the state regulatory authority.

2. The proposal for establishment of a secondary school must clearly define objectives, missions, curriculum framework and outline; facilities, equipment, intended construction site and land coverage; organization and personnel structure, financial and other resources; guidelines and strategies for school construction and development.  

Article 26. Procedures and documentation requirements for establishment of a public secondary school, or permission for establishment of a private secondary school

1. The President of the district-level People’s Committee shall be accorded authority to grant the decision on establishment or permission for establishment of a lower secondary school and multi-level general education school with the lower secondary education level as the highest level (hereinafter referred to as lower secondary school); the President of the People’s Committee of a centrally-affiliated city and province (hereinafter referred to as provincial-level People’s Committee) shall be accorded authority to grant the decision on establishment or permission for establishment of a upper secondary school and multi-level general education school with the upper secondary education level as the highest level (hereinafter referred to as upper secondary school).

2. The application package shall be composed of the followings:

a) The request form for establishment of a secondary school;

b) The proposal for establishment of a secondary school;

c) The CV and the copy of the legitimate degree or certificate of the recommended rector; 

d) The written opinion of the relevant authority on establishment or permission for establishment of the secondary school;

dd) The statement of explanation for acceptance of opinions from relevant authorities and the complementary report prepared under the direction of the district-level or provincial-level People’s Committee (if any).

3. Implementation procedures:

a) The commune-level People’s Committee (if the applicant is a lower secondary school), or the district-level People’s Committee (if the applicant is an upper secondary school), or the organization or individual (if the applicant is a private secondary school), shall be required to send 01 set of documents referred to in Clause 2 of this Article, whether directly or by post, to the Subdepartment of Education and Training (if the applicant is a lower secondary school) or the Department of Education and Training (if the applicant is an upper secondary school);

b) The Subdepartment of Education and Training or the Department of Education and Training shall receive submitted application documents.  Within the maximum duration of 20 business days of receipt of all legally required documents, if all stipulated requirements are satisfied, the receiving authority shall give its opinions in writing and send the written request for approval of establishment or grant of permission for establishment of the school to the person having relevant delegated powers as prescribed by Clause 1 of this Article; unless all stipulated requirements are met, a written notification in which reasons for refusal should be clearly stated must be sent to the commune-level People's Committee, district-level People's Committee or the requesting organization or individual;

c) Within the maximum duration of 20 business days of receipt of all legally required documents, the person having relevant delegated powers shall issue the decision on establishment or permission for establishment of the requesting school; in case of rejection, a written notification in which reasons for such rejection should be clearly stated must be sent to the receiving authority or the requesting organization or individual.

4. 02 years after the date of entry into force of the decision on establishment or approval of establishment, if the secondary school has yet to obtain any permission for its educational operations, the Subdepartment of Education and Training or the Department of Education and Training shall report to the person given relevant powers who may decide whether the decision on establishment and approval of establishment becomes null and void. 

Article 27. Licensing requirements for educational operations of a secondary school

1. The school must be established under the decision on establishment or approval of establishment, granted by the person given relevant powers as provided by Clause 1 Article 26 hereof.

2. The school must own land, school head office, facilities and equipment that meet regulatory requirements concerning educational operations. School facilities shall conform to the following requirements:

a) The classroom must be built in conformity with the stipulated specifications, be furnished with an adequate number of chairs and desks of which the height fits for all students, teacher's chairs and desks, boards, and ensure good illumination, cool air and be capable of operating in two shifts a day;

b) The specialist classroom must be subject to regulations on the specialist classroom, adopted by the Minister of Education and Training;

c) Block of facilities providing educational support services, e.g. multifunctional physical activity facility, library, Young Pioneer – Youth Union activity facility and historical exhibition house;

d) Block of clerical and administrative facilities, e.g. rector’s offices, vice rector’s offices, meeting halls that can receive all of the administrative officers, teachers and employees, rooms intended for subject groups, healthcare service rooms, storage facilities, guest contact and reception rooms and Communist Party or Union activity rooms;

dd) Playgrounds and physical training courtyards that occupy at least 25% of total usable area of the school and are fully furnished with equipment used for physical and sport activities as well as ensure safety for use;

e) Parking lots that must be arranged at suitable areas within the precinct of the school, ensure conformity to safety, security and sanitation standards;

g) Information technology facilities and systems with internet connection that match teaching and learning demands.

3. The school must be located at an area that helps provide a good and safe educational environment for students, teachers, administrative officers and employees. The school must be located at a separate area with perimeter walls, school main entrance gate and school name sign. The school must cover a sufficient area of land that is prescribed by applicable laws and meets requirements concerning organization of educational activities.

4. The school’s curriculum and syllabus must be provided in accordance with applicable laws provided they match the teaching and learning demands at specific educational levels.

5. The school must employ a staff of teachers and administrative officers that satisfy stipulated moral standards and gain equivalent educational qualifications, and are adequate according to the classification structure of teachers and meet stipulated requirements regarding provision of educational programs and organization of educational activities.

6. The school must maintain a sufficient amount of financial resources as required by laws in order to ensure continued operation and development of its educational activities.

7. The school must adopt its statutes of organization and operations.

Article 28. Procedures and documentation requirements for application for approval of educational operations of a secondary school

1. The Head of the Subdepartment of Education and Training shall be accorded authority to grant the requesting lower secondary school the license to carry out its educational operations; the Director of Department of Education and Training shall be accorded authority to grant the requesting upper secondary school the license to carry out its educational operations.

2. The application package shall be composed of the followings:

a) The request form for the license to carry out educational operations;

b) Certified duplicate copy of the establishment decision or the decision on approval of establishment of the school;

c) Written document on evaluation of requirements, referred to in Article 27 hereof, conducted by relevant competent authorities.

3. Implementation procedures:

a) The public secondary school, or representative of organization or individual (if the applicant is the private secondary school) shall send 01 set of documents referred to in Clause 2 of this Article, whether directly or by post, to the competent persons stipulated by Clause 1 of this Article;

b) The competent persons referred to in Clause 1 of this Article shall receive the submitted documentation. Within the permitted duration of 05 business days of receipt of such documentation, if the submitted set of documents has been found illicit, a written notification of contents that require correction or modification must be sent to the respective applicant;

c) Within the maximum duration of 20 business days of receipt of all valid application documents, the competent persons referred to in Clause 1 of this Article shall grant the decision on approval of educational operations of the requesting school. In case of refusal to grant approval of educational operations, a written notice must be sent to the requesting school, give clear reasons for such refusal and provide any possible solution.

Article 29. Merger, division or split-up of a secondary school

1. Merger, division or split-up of a secondary school shall conform to the following requirements:

a) Correspond to the local educational network development plan approved by the state regulatory authority and match local socio-economic development demands;

b) Assure safety, legal rights and benefits for students, contribute to increasing educational quality and effectiveness;

c) Ensure that legal rights and benefits of teachers, administrative officers and employees are maintained.

2. The competent persons authorized to grant the decision on establishment or the decision on approval of establishment of the school shall be vested authority to issue the decision on merger, division or split-up of the school or approval thereof. Where the schools established under decisions made by competent authorities at different levels, the decision of the higher-level competent authority shall prevail; in case of competent authorities at the same levels having appropriate powers to make the decision on establishment, these same-level authorities shall seek to reach an agreement on issuing such decision.

3. The application package shall be composed of the followings:

a) The request form for merger, division or split-up;

b) The proposal for merger, division or split-up;

c) The written confirmation of financial status, assets, real property, loans and liabilities as well as other relevant matters;

d) The written opinion of the relevant authority.

4. Merger, division or split-up of a secondary school shall be carried out according to the processes similar to those for establishment of a secondary school referred to in Article 26 hereof.

Article 30. Suspension of educational operations of a secondary school

1. A secondary 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 fails to meet one of the stipulated licensing requirements for its educational operations in accordance with Article 27 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) The school has committed serious violations against regulations on objectives, educational plan and quality, educational, assessment and examination rules;

g) The school has committed any other violation prescribed by applicable laws and regulations.

2. The competent person having authority to license operational operation shall be accorded authority to issue a decision on suspension of educational operations of the violating secondary school. The decision to suspend educational operations of a secondary school must clearly specify reasons for such suspension and term of suspension, approaches to assuring legal rights and benefits of the school’s students, teachers, administrative officers and employees, and must be made known to the public through mass media.

3. Implementation procedures:

a) Where it is established that the school has committed one of the violations prescribed by Article 27 hereof, the competent person referred to in Clause 1 Article 26 hereof shall establish the inspection team, conduct inspection procedures and make a report on the field inspection of the school;

b) In light of the severity of violation that the school has committed, the Head of the Subdepartment of Education and Training (if the requesting secondary school is established under the decision of the President of district-level People's Committee), or the Director of the Department of Education and Training (if the secondary school is established under the President of provincial-level People’s Committee) shall issue a decision on suspension of educational operations of the defaulting school and report to the competent person vested with authority to issue the decision on establishment or the decision on approval of establishment of the secondary school;

c) Upon expiration of the duration of suspension, if the defaulting secondary school has succeeded in mitigating causes resulting in such suspension, the competent person vested authority to grant the suspension decision shall issue a decision on permission for restoration of the school’s operations which must be made known to the public through mass media. In case of refusal to grant permission for restoration of educational operations, a written notice must be sent to the school, give clear reasons for such refusal and provide any possible solution;

d) Documents submitted to apply for restoration of educational operations shall be composed of the followings:

- The request form for permission for restoration of educational operations;

- The decision on establishment of the inspection team;

- Inspection report.

dd) Processes for grant of permission for restoration of educational operations of a secondary school shall be subject to Clause 3 Article 28 hereof.

Article 31. Dissolution of a secondary school

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

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

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

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

d) The school is dissolved upon the request of the organization or individual applying for establishment of the secondary school.

2. The competent persons vested authority to grant the decision on establishment or the decision on approval of establishment of the school shall have authority to issue the decision on dissolution of the school.

3. The application package shall be composed of the followings:

a) The secondary school can be dissolved under the provisions of Point a, b and c Clause 1 if it submits the following documents:

- The request form for permission for dissolution, submitted by the Subdepartment of Education and Training in case of request for dissolution of a lower secondary school, or by the Department of Education and Training in case of request for dissolution of an upper secondary school;

- Documents relating to suspension of educational operations;

- Documents concerning failure to mitigate causes of suspension of educational operations;

- The decision on establishment of the inspection team;

- Inspection report.

b) The secondary school can be dissolved as prescribed by Point d Clause 1 if it submits the following documents:

- The request form for dissolution submitted by an organization or individual;

- The request form for permission for dissolution, submitted by the Subdepartment of Education and Training in case of request for dissolution of a lower secondary school, or by the Department of Education and Training in case of request for dissolution of an upper secondary school.

4. Implementation procedures:

b) The Subdepartment of Education and Training (if the requesting secondary school is established under the decision of the President of district-level People's Committee), or the Department of Education and Training (if the secondary school is established under the President of provincial-level People’s Committee), or the organization or individual founding the school (if the requesting school is a private one), shall set up the plan for dissolution of the school which is then submitted to the competent person vested authority to make a decision on dissolution of the school. The dissolution decision must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of the school’s students, teachers, administrative officers and employees and must be made known to the public through mass media;

b) The Subdepartment of Education and Training (in case of dissolution of a lower secondary school), or the Department of Education and Training (in case of dissolution of an upper secondary school), shall inspect and evaluate the severity of violation referred to in Point a, b and c Clause 1 of this Article or consider the request for dissolution submitted by the organization or individual founding the secondary school; request the competent person vested authority to issue the decision on establishment or the decision on approval of establishment of the secondary school in writing to issue a dissolution decision;

c) Within the maximum duration of 20 business days of receipt of all legally required documents, the competent person vested authority to issue the decision on establishment or the decision on approval of establishment of the secondary school shall issue the decision on dissolution of the school.

Section 4. TECHNOLOGY – CAREER EDUCATION CENTER

Article 32. Eligibility requirements for establishment of technology – career education center

1. Correspond to the local socio-economic development requirements and the educational network development plan approved by the state regulatory authority; ensure feasibility and efficiency; match learning demands of the population.

2. Employ a staff of qualified administrative officers and teachers conforming to the regulatory standards.

3. Have a site used for construction or installation of facilities or equipment in accordance with the following regulations:

a) Have an adequate number of classrooms, laboratory facilities, specialist classrooms, libraries and manufacturing practice rooms that meet teaching and learning requirements;

b) Have teaching equipment, books or journals that meet requirements for provision of training programs at centers, are managed and used in an effective manner in accordance with applicable laws and regulations.

Article 33. Procedures and documentation requirements for establishment of technology – career education center

1. The President of provincial-level People’s Committee shall be vested authority to issue the decision on establishment of technology – career education center.

2. The application package shall be composed of the followings:

a) Written request for establishment of the center;

b) Explanation for fulfillment of requirements concerning facilities, staff of administrative officers and teachers as prescribed by Article 32 hereof;

c) Opinions received from relevant regulatory authorities;

d) Résumé of the recommended Director of the center.

3. Implementation procedures:

a) The Department of Education and Training shall undertake or cooperate with the district-level People's Committee or the organization or individual in formulation of the proposal for establishment of the technology and career education center, send the application for establishment of the center to the relevant regulatory authority in order to obtain written opinions on establishment and request evaluation thereof conducted by the Department of Home Affairs;

b) The Department of Home Affairs shall carry out evaluation and deliver the evaluation dossiers to the provincial-level People’s Committee for verification and report to its President to request him/her to issue the decision on establishment of the center. In case of refusal to grant that decision, a written notice in which reasons for such refusal are clearly defined must be sent to the Department of Education and Training, requesting organization or individual.

Article 34. Merger, division and split-up of technology – career education center

1. The President of the provincial-level People’s Committee shall be vested authority to issue the decision on merger, division or split-up of technology – career education center.

2. Merger, division or split-up of the technology - career education center shall be subject to regulations laid down in Article 32 and 33 hereof.

Article 35. Suspension of educational operations of the technology – career education center

1. A technology – career education center shall be suspended when one of the following circumstances occurs:

a) The center has committed any offence against laws and regulations on penalties for administrative offences arising in the education industry to the extent that it is subject to suspension;

b) Educational operations of the technology – career education center are uncertain due to objective reasons.

2. The President of the provincial-level People’s Committee shall be vested authority to issue the decision on suspension of educational operations of the technology – career education center.

3. The documentation to be submitted shall include the written request sent to the Department of Home Affairs for evaluation of suspension of the center's educational operations.

4. Implementation procedures:

a) The Department of Education and Training requests the Department of Home Affairs in writing to establish the inspection team, conduct the field inspection at the center, address the inspection dossiers to the office of the provincial-level People’s Committee for its verification and preparation of a report to its President to request his/her decision on suspension of educational operations of the technology – career education center.   The decision to suspend educational operations of the center must clearly specify reasons for such suspension and duration of suspension, approaches to assuring legal rights and benefits of the center’s students, teachers, administrative officers and employees, and must be made known to the public through mass media;

b) Upon expiration of the duration of suspension, if the defaulting center has succeeded in mitigating causes resulting in such suspension, the President of the provincial-level People's Committee shall issue a decision on permission for restoration of the center’s educational operations which must be made known to the public through mass media. In case of refusal to grant that decision, a written notice must be sent to the defaulting organization or individual, give clear reasons for such refusal and provide any possible solution;

c) Documents submitted to apply for permission for restoration of educational operations shall be composed of the followings:

- The request form for permission for restoration of educational operations;

- The decision on establishment of the inspection team;

- The inspection report.

d) Processes for grant of permission for restoration of educational operations of a technology – career education center shall be subject to Clause 3 Article 33 hereof.

Article 36. Dissolution of the technology – career education center

1. A technology – career education center shall be closed when one of the following situations occurs:

a) The center has committed serious violations against applicable regulations on administration, organization or operation of a center;

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

c) Educational objectives and contents specified in the decision on establishment of a technology – career education center have no longer matched local socio-economic development demands.

2. The President of the provincial-level People’s Committee shall issue the decision on dissolution of the technology – career education center.

3. The request documentation shall be composed of the followings:

a) The plan to dissolve the technology – career education center;

b) The written request submitted to the Department of Home Affairs for its evaluation.

4. Implementation procedures:

a) The Department of Education and Training sets up the plan for dissolution of the technology - career education center and sends the written request to the Department of Home Affairs for its evaluation;

b) In light of the results of evaluation conducted by the Department of Home Affairs, the President of the provincial-level People’s Committee shall issue the decision on dissolution of the requesting technology – career education center within the permitted duration of 20 business days of receipt of all legally required documents.  The dissolution decision must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of the center’s students, teachers, administrative officers and employees and must be made known to the public through mass media.