Education belongs to the most important elements of every nation. Currently, in Vietnam, a lot of educational institutions exist everywhere in the country. On the other hand, some people have the idea of setting up a school in an apartment building. Having an education system in the apartment area will create more favorable conditions for the children of residents in the apartment. However, does the law allow people to set up education units in apartments? In this article, LSX legal firm will answer: “Can you establish a school in an apartment building in Vietnam?”
Legal grounds
- Law on Education 2019
- Law on Housing 2013
- Decree 16/2022/ND-CP
Regulations on the national education system in Vietnam
The law stipulates the national education system in Vietnam as follows:
- The national education system is an open, interconnected education system that includes formal education and continuing education.
- Education levels and training levels of the national education system include:
- Firstly, pre-school education includes kindergarten education and preschool education;
- Secondly, general education includes primary education, lower secondary education, and upper secondary education;
- Thirdly, vocational education training elementary, intermediate, college, and other vocational training programs;
- Fourthly, higher education includes university, master’s, and doctoral degrees.
- The Prime Minister decides to approve the structural framework of the national education system and the National Qualifications Framework of Vietnam; stipulates training time, standards for each training level, and minimum learning volume for qualifications of vocational education and higher education.
- The Minister of Education and Training and the Minister of Labor, War Invalids, and Social Affairs shall, within the ambit of their duties and powers, prescribe the entry threshold for the college level, University degree in teacher training, and health majors.
Prohibited acts under the Law on Housing 2013
Article 6. Prohibited acts
- Infringing the homeownership of the State, organizations, households or individuals.
- Obstructing the fulfillment of state management of housing, exercise of rights and fulfillment of obligations of the organization, household, or individual in terms of the homeownership, use of housing and housing-related transactions.
- Introducing policies on residential construction projects or residential construction projects in contravention of approved residential construction planning, residential development planning.
- Building houses on the pieces of land other than residential land; build houses in contravention of standards for design standards, housing area standards applied to each type of houses as prescribed. Applying the incorrect calculation of floor area prescribed in law on housing sale or specified in the lease purchase agreement.
- Illegal appropriation of housing areas; encroaching upon the space and facilities under common areas or ownership of other owners in any shape or form; arbitrarily change the bearing structure or change the design of private areas in the apartment building.
- Using the common areas and facilities under joint ownership or joint use for private purposes; use common areas or the areas for service provision in a mixed-use building for improper purposes against the approval of residential construction project or the approved project, unless such area is permitted to change purposes by a competent agency.
- Using mobilized capital or advance payments for housing development for improper purposes.
- The investor in a residential construction project authorizing or assigning the parties involved in investment cooperation, joint venture, association, capital contribution or other organizations, individuals to conclude agreements on housing lease, lease purchase, sale, deposit agreements on housing-related transactions or agreement on trading of land use rights in projects.
- Making transactions in housing sale or transfer of housing sale agreement, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, and permission for stay or authorization for housing management not in accordance with this Law.
- Renovating, expanding, demolishing the houses under agreements on housing lease, lease purchase, lending, permission for stay, or authorization of housing management without the consent of the homeowner.
- Using the apartments not for residential purposes; using the area for business purposes in the apartment building under approved project for trading flammable materials, explosives, providing services causing environmental pollution, noise or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of the Government.
- Using the separate houses for trading flammable materials, explosives, providing services causing environmental pollution, noise or other operations or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of law on requirements for business.
- Providing information about housing inaccurately, untruthfully, inconfomably with regulations or requests of the competent agencies; destroy or falsify information in the database of housing managed by the competent agencies.
Can you establish a school in an apartment building in Vietnam?
Thus, based on the above regulations; we know the answer to the question of whether a school can be established in an apartment building in Vietnam or not. People must not establish a school in an apartment building in Vietnam; because this act will violate the regulations for apartment buildings to live in Vietnam.
Sanctions for establishing a school in an apartment building in Vietnam?
Under Point e, Clause 1 and Point d, Clause 3, Article 70 of Decree 16/2022/ND-CP; the penalties for establishing a school in an apartment building in Vietnam:
- Firstly, a fine ranging from VND 20,000,000 to VND 40,000,000 impose for: Using the apartment for non-residential purposes.
- Secondly, remedial measures: Forcing the use of the apartment building for the purpose of living with the acts specified at Point e, Clause 1 of this Article;
Thus, the act of establishing a school in an apartment building in Vietnam will be fined from VND 20,000,000 to VND 40,000,000 and forced to use the apartment for residential purposes.
Service of LSX Legal Firm
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Related articles
- Minutes of the Shareholders’ Council meeting on business suspension in Vietnam
- Procedures for business suspension of partnership in Vietnam
- Does business suspension have to pay license tax?
Related questions
Has a factory as well as production line to carry out production in order to apply the research results. The factory environment will become an on-campus internship environment for students.
The draft amending the Law on Higher Education being proposed by the Ministry of Education and Training for public opinion. One of the new points included in the draft allowing higher education institutions to set up businesses and companies.
Article 14 of this draft amended Law allows higher education institutions to set up businesses and companies to promote scientific research applied in practice (not business).
This represents the institutionalization of the idea in the Government’s Resolution 19-2017/NQ-CP to have mechanisms and policies and create favorable conditions for the establishment of multi-owned enterprises in universities to carry out business activities on application as well as commercialization of research results, and provision of public non-business services.
Firstly, having the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;
Secondly, having no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;
Thirdly, the house is not distrained;
Fourthly, having no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.
The requirements 2 and 3 shall not apply to transactions in off-the-plan housing sale or lease purchase.
Contact LSX Law Firm
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