Chương IX : Nghị định 46/2017/NĐ-CP Điều khoản thi hành

Chapter IX 

IMPLEMENTATION PROVISIONS

Article 111. Transitional provisions 

1. Notwithstanding applicable regulations on regulatory requirements, documentation requirements, procedures, educational operations, merger, division, split-up, suspension of educational services, dissolution of educational institutions, education quality accreditation services, and overseas study counseling services, laid down in this Decree, educational institutions and organizations or individuals shall implement other relevant regulations set forth in the Law on Education, the Law on Higher Education, the Law on Vocational Education and other directives providing guidance on implementation thereof.

2. Educational institutions and organizations or individuals that were licensed to carry out their operations, educational institutions which were established (concurrently, obtained the license for its educational operations) before the date of entry into force of this Decree shall be exempted from applying for resumption of their operations.

Educational institutions and organizations or individuals that submitted their applications to state regulatory authorities for the license for their operations, the certificate of registration of education quality accreditation services, the certificate of overseas study counseling service business before the date of entry into force of this Decree shall be exempted from revision or modification of their submitted documentation under the provisions of this Decree.

3. The Minister of Education and Training shall be responsible for reviewing proposals for establishment of higher education institutions for which the Prime Minister’s policy on permission was issued before the date of entry into force of this Decree in order to report to the Prime Minister for his consideration and decision.

If proposals for establishment of higher education institutions for which the Prime Minister’s policy on permission was issued before the date of entry into force of this Decree remain valid, they shall not be subject to regulations set forth in Clause 4 Article 87 hereof.

Article 112. Entry into force

1. This Decree shall enter into force from April 21, 2017.

2. The Prime Minister’s Decision No. 64/2013/QD-TTg dated November 11, 2013 on introduction of regulatory requirements and procedures for establishment or approval of establishment, license for educational programs, suspension of educational operations, merger, division, split-up, and dissolution, of a higher education institution or academy shall be repealed from the date of entry into force of this Decree.

3. Regulations concerning application for the certificate of overseas study counseling service business, suspension of overseas study counseling service business, revocation of the certificate of overseas study counseling service business, which are laid down in the Prime Minister's Decision No. 05/2013/QD-TTg dated January 15, 2013 on Vietnamese citizens given permission to study abroad shall become defunct from the date of entry into force of this Decree. 

4. The Minister of Education and Training shall assume the following responsibilities:

a) Carry out review and announce regulations on regulatory requirements, documentation requirements, procedures for establishment, approval of establishment (including the policy on establishment or permission for establishment of a higher education institution), educational operations, merger, division, split-up, suspension of educational operations, dissolution of an educational institution and education quality accreditation in relevant documents which are repealed;

b) Review the Prime Minister’s Decision No. 37/2013/QD-TTg dated June 26, 2013 on modification of the plan for development of network of universities and colleges for the period from 2006 to 2020 in order to draw up and request the Prime Minister to approve the plan for development of network of higher education institutions for the period from 2017 to 2025 with vision for 2030, which provides incentive policies on establishment of non-public not-for-profit higher education institutions and compliance with the principle that the number of higher education institutions by regions is not restricted. 

Article 113. Implementation responsibility

The Minister of Education and Training, other Ministers or Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, and organizations and individuals concerned, shall be responsible for implementing this Decree./.