Chương IV: Nghị định 46/2017/NĐ-CP Cơ sở giáo dục thường xuyên

Chapter IV

CONTINUING EDUCATION INSTITUTION

Section 1. CONTINUING EDUCATION CENTER

Article 37. Eligibility requirements for establishment of continuing education center

1. Correspond to the local socio-economic development requirements, learning demands of the community and the educational network development plan approved by the state regulatory authority.

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 rooms, libraries and production practice facilities that meet teaching and learning requirements;

b) Have teaching and laboratory equipment, teaching books and learning materials in conformity with requirements concerning provision of continuing education programs.

Article 38. Procedures and documentation requirements for establishment of continuing education center

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

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

a) The written request for establishment of the continuing education center, submitted by the Department of Education and Training;

b) The proposal for establishment of the continuing education center which clearly specifies the demands for grant of the license for educational operations, guidelines for operations of the continuing education center, requirements concerning facilities, administrative officers and teachers as prescribed by Article 37 hereof;

c) Résumé of the recommended Director of the center.

3. Implementation procedures:

a) The Department of Education and Training sends 01 set of application documents prescribed by Clause 2 of this Article, whether directly or by post, to the Department of Home Affairs to request its evaluation;

b) Within the maximum duration of 10 business days of receipt of all legally required application documents, the Department of Home Affairs shall conduct evaluation and deliver evaluation dossiers to the provincial-level People’s Committee for its verification;

c) Within the permitted duration of 05 business days of receipt of all valid documents, the President of the provincial-level People’s Committee shall issue the decision on establishment of provincial-level continuing education 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.

Article 39. Merger, division or split-up of the continuing 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 the continuing education center.

2. Merger, division or split-up of the continuing education center shall be subject to Article 37 and 38 hereof.

Article 40. Suspension of educational operations of a continuing education center

1. A continuing education center shall be subject to suspension of its educational operations when one of the following cases 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 continuing education center are uncertain due to objective reasons.

2. The President of the provincial-level People’s Committee shall make a decision on suspension of educational operations of a continuing education center.

3. 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 and make a report on that inspection, 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 call for his/her decision on suspension of educational operations of the continuing education center; 

b) The decision to suspend educational operations of the center must clearly specify reasons for such suspension, 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;

c) 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 Department of Education and Training or the defaulting organization or individual, 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;

- The inspection report.

dd) Processes for grant of permission for restoration of educational operations of the continuing education center shall be subject to Clause 3 Article 38 hereof.

Article 41. Dissolution of the continuing education center

1. A continuing 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 continuing education center have no longer matched local socio-economic development demands.

2. The President of the provincial-level People’s Committee shall be vested authority to issue the decision on dissolution of the continuing education center.

3. Implementation procedures:

a) The Department of Education and Training sets up the plan for dissolution of the continuing education center and sends the written request to the Department of Home Affairs for its evaluation. Upon completion of the evaluation, the Department of Home Affairs shall deliver the evaluation dossiers to the provincial-level People’s Committee for its verification and preparation of a report to its President to request him/her to issue the decision on dissolution of the center;

b) The decision on dissolution of the continuing education center must be made known to the public through mass media.

Section 2. COMMUNITY LEARNING CENTER

Article 42. Eligibility requirements for establishment of the community learning center

1. Correspond to the local educational network development plan approved by the state regulatory authority and learning demands of the community.

2. Employ officers, teachers, accountants and pursers that meet requirements concerning the center’s operations in accordance with applicable laws and regulations.

3. Have a specified site, facilities and equipment, educational programs, plans and learning materials necessary to meet requirements concerning the center's operations by acquisition of new facilities, equipment or use of existing facilities and amenities within areas at the commune level. 

Article 43. Procedures and documentation requirements for establishment of the community learning center

1. The President of the district-level People’s Committee shall be vested authority to issue the decision on establishment of the community learning center.

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

a) The written request of the commune-level People’s Committee for establishment of the community learning center in which conformity with requirements specified in Article 42 hereof must be clearly defined;

b) CVs and certified duplicate copies of papers, degrees or certificates of the recommended managers of the community learning center.

3. Implementation procedures:

a) The commune-level People’s Committee shall send 01 set of application documents prescribed by Clause 2 of this Article, whether directly or by post, to the Subdepartment of Education and Training;

b) Within the permissible duration of 10 business days, the Subdepartment of Education and Training receives the request dossiers, conduct evaluation of fulfillment of stated requirements and submit the evaluated dossiers to the President of the district-level People’s Committee for his/her consideration or decision;

c) Within the permissible duration of 05 business days of receipt of all legally required documents, the President of the district-level People’s Committee shall make his/her decision. In case of refusal to grant that decision, a written notice must be sent to the commune-level People's Committee and the Subdepartment of Education and Training, give clear reasons and any possible solution.

Article 44. Suspension of operations of the community learning center

1. The community learning center shall be suspended when one of the following situations 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) Operations of the community learning center have not matched the community's learning demands;

c) For the duration of 12 successive months, the center has not carried out any activity to satisfy the community's learning demands.

2. The President of the district-level People’s Committee shall be vested authority to issue the decision on suspension of the community learning center.

3. Implementation procedures:

a) The Subdepartment of Education and Training sets up the inspection team, carries out inspection and makes an assessment report on reality of the community learning center. If there is any sufficient ground for suspension of the center's operations as prescribed by Clause 1 of this Article, it must request the President of the district-level People's Committee to make his/her decision on suspension of operations of the community learning center;

b) The decision to suspend operations of the center must clearly specify reasons and grounds 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;

c) Upon expiration of the duration of suspension, if the defaulting center has succeeded in mitigating causes resulting in such suspension, the Subdepartment of Education and Training carries out inspection and requests the President of the district-level People's Committee to issue his/her decision on permission for restoration of the center’s 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 Subdepartment of Education and Training and the commune-level People's Committee, give clear reasons and any possible solution;

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

- The request form for permission for restoration of the center’s operations;

- The decision on establishment of the inspection team;

- The inspection report.

dd) Processes for grant of permission for restoration of operations of a community learning center shall be subject to Clause 3 Article 43 hereof.

Article 45. Dissolution of the community learning center

1. A community learning 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 the community learning center;

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

c) The center’s educational objectives and contents have no longer matched local socio-economic development demands.

2. The President of the district-level People’s Committee shall be vested authority to issue the decision on dissolution of the community learning center.

3. Implementation procedures:

a) The Subdepartment of Education and Training conduct inspection of the community learning center. If there is any sufficient ground for dissolution as prescribed by Clause 1 of this Article, it must request the President of the district-level People's Committee to make his/her decision on dissolution of operations of the community learning center;

b) 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.

Section 3. FOREIGN LANGUAGE AND COMPUTER TRAINING CENTER

Article 46. Eligibility requirements for establishment of the foreign language and computer training center

1. Correspond to the socio-economic development and local educational network plan approved by the state regulatory authority.

2. The proposal for establishment of a foreign language and computer training center 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 center construction and development.  

Article 47. Procedures and documentation requirements for establishment of the foreign language and computer training center

1. Authority to establish the foreign language and computer training center:

a) The President of the provincial-level People’s Committee or the Director of the Department of Education and Training (in case of being authorized by the President of the provincial-level People’s Committee) shall be vested with authority to grant a decision on establishment of the centers that fall within his/her remit; the centers of a vocational education secondary school; the centers of organizations or individuals submitting applications for establishment of these centers; 

b) The Director of a university, academy and Rector of a higher education institution shall be accorded authority to issue the decision on establishment of the centers that fall within his/her remit;

c) The head of a social organization, socio-professional organization or economic organization authorized by laws to establish training centers shall be vested with authority to make his/her decision on the foreign language and computer training centers that fall within his/her remit.

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

a) The request form for establishment of the foreign language and computer training center;

b) The proposal for establishment of the foreign language and computer training center that specifies the following contents such as the center's name, type, location, necessity and legal grounds for establishment of the center; objectives, functions and missions of the center; training curriculum and scale; facilities of the center; organizational structure, Director or Vice Director (if any) of the center, teams (or specialized divisions); CV of the recommended Director of the center;

c) The draft statutes of operations of the foreign language and computer training center.

3. Implementation procedures:

a) The 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 competent person vested relevant authority to establish the foreign language and computer training center;

b) Within the permissible duration of 10 business days of receipt of all required valid documents, the competent authority vested with power to establish the foreign language and computer training center shall be responsible for evaluation and inspection of requirements in accordance with applicable laws and regulations.

c) Within the permissible duration of 05 business days, the competent person vested authority to issue the decision on establishment or approval of establishment of the foreign language and computer training center as prescribed by Clause 1 of this Article issues the decision on establishment or approval of establishment of the requesting center when all specified requirements have been satisfied; in case of refusal to grant that decision, a written notification in which reasons for such refusal should be clearly stated must be sent to the requesting organization or individual.

Article 48. Licensing requirements for educational operations of a foreign language and computer training center

1. The center must be established under the decision on establishment or the decision on approval of establishment as provided by Clause 1 Article 47 hereof.

2. The center employs administrative officers, teachers and technicians providing theory or practice lectures that meet statutory qualification requirements; accountants and pursers that are required to meet its operational requirements.  The average number of teachers must be 25 students/1 teacher/shift.

3. The center must have an adequate number of classrooms and functional rooms which are relevant and meet requirements of the training program; offices for the administrative mechanism according to the organizational structure of the center which are used for performing management and training tasks.    The center’s classrooms must be fully illuminated and cover the minimum area of 1.5 m²/student/shift.

4. The center must provide an adequate amount of syllabuses, materials, teaching and learning accessories that meet requirements of the training program; have libraries, facilities used for laboratory, practice and internship and other facilities that meet requirements of the training program, scientific and technological operations.

Article 49. Procedures and documentation requirements for educational operations of a foreign language and computer training center

1. Authority to license educational operations:

a) The Director of the Department of Education and Training shall be vested with authority to issue the decision on approval of educational operations of foreign language and computer training centers of the Department of Education and Training; those of the vocational education secondary schools; those of the organizations or individuals requesting permission for establishment; those of universities or colleges that are located outside the precincts of these universities or colleges; those of ministries, departments, social organizations and socio-professional associations based in his/her local jurisdiction; 

b) The Director of a university, academy and Rector of a higher education institution shall be accorded authority to issue the decision to license educational operations of the foreign language and computer training center operating within the precincts of such university, academy and higher education institution.

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

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

b) The decision to establish the center issued by the competent person;

c) The statutes of educational operations of the center;

d) The report on office equipment, classrooms, practice rooms, training facilities, enclosing the written evidence of legal right to use land and house, sources of financing for operations of the center; 

dd) Curriculum, syllabus and teaching materials;

e) The list of particulars of administrative officers and teachers involved in the training program;

g) Regulations on schooling fee and charge;

h) The certificate awarded students upon completion of a training program.

3. Implementation procedures:

a) The foreign language and computer training center shall send 01 set of application documents stipulated by Clause 2 of this Article, whether directly or by post, to the competent person referred to in Clause 1 of this Article;

b) Within the duration of 05 business days of receipt of the submitted documentation, the competent person referred to in Clause 1 of this Article handles that submitted documentation. Where the submitted documentation has not yet met regulations, a written notice must be sent to specify which contents need modification or revision to the requesting center;

c) Within the permissible duration of 10 business days of receipt of all valid application documents, the competent person referred to in Clause 1 of this Article works with relevant authorities and affiliations to carry out field evaluation of capability to fulfill stipulated requirements and record results of such evaluation as an evaluation report;

d) Within the maximum duration of 05 business days of receipt of evaluation results, the competent person referred to in Clause 1 of this Article shall grant the decision on approval of educational operations of the requesting center. In case of refusal to grant that decision, a written notice must be sent to the requesting center and give clear reasons for such refusal.

Article 50. Merger, division or split-up of a foreign language and computer training center

1. Merger, division or split-up of a foreign language and computer training center shall conform to the following requirements:

a) Match local human resource development demands;

b) Assure legal rights and benefits of teachers, administrative officers and employees;

c) Contribute to increasing educational quality and effectiveness.

2. The competent person authorized to grant the decision on establishment of the center shall be vested authority to issue the decision on merger, division or split-up of the center.

3. Merger, division or split-up of the center shall be carried out according to the processes similar to those for establishment of that center referred to in Article 47 hereof.

Article 51. Suspension of educational operations of a foreign language and computer training center

1. A foreign language and computer training center shall be subject to suspension of its educational operations when one of the following cases 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 center are uncertain due to objective reasons;

c) The center has committed any other violation prescribed by applicable laws and regulations.

2. The competent person having authority to license operational operations of the center shall be accorded authority to issue a decision on suspension of educational operations of the foreign language and computer training center.

3. Implementation procedures:

a) Where it is established that the school has committed one of the violations prescribed by Article 1 hereof, the competent person referred to in Clause 1 Article 49 hereof shall establish the inspection team, conduct inspection procedures and make a report on the field inspection of the center and recommend possible solutions;

b) Based on the inspection results, the competent person having authority to license operational operations of the center shall be accorded authority to issue a decision on suspension of educational operations of the foreign language and computer training 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. b) The decision on suspension of educational operations of the foreign language and computer training center must be made known to the public through mass media;

c) Upon expiration of the duration of suspension, if the defaulting center 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 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 requesting center and give clear reasons for such refusal;

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;

- The inspection report.

dd) Processes for grant of permission for restoration of educational operations of a foreign language and computer training center shall be subject to Clause 3 Article 49 hereof.

Article 52. Dissolution of a foreign language and computer training center

1. A foreign language and computer training 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 foreign language and computer training center;

b) Educational objectives and contents specified in the establishment decision or the decision on approval of establishment of a foreign language and computer training center have no longer matched local socio-economic development demands;

a) The center is dissolved at the request of the organization or individual applying for establishment of the foreign language and computer training center.

2. The competent person authorized to grant the decision on establishment of the center shall be vested authority to issue the decision on dissolution of the center.

3. Implementation procedures:

a) The competent person having authority to issue the decision on establishment of the foreign language and computer training center establishes the inspection team to carry out the field inspection at the center, recommends possible solutions or consider solutions recommended by the organization or individual founding the center, makes recommendations and prepares a report on the inspection results;

b) Based on the inspection results, the competent person authorized to grant the decision on establishment of the center issues the decision on dissolution of the center. 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.

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