Currently, there are many vocational education institutions in Vietnam including private vocational education institutions and public vocational education institutions. So, what are the conditions to be able to open a vocational education institution? Can foreign individuals set up intermediate schools in Vietnam? in this article, LSX legal firm will answer this question.
Legal ground
- Law on Vocational Education 2014
Regulations of the law on vocational education institutions
According to Article 5 of the Law on Vocational Education 2014:
Vocational education institutions include:
- Vocational education centers;
- Also, vocational training schools;
- Colleges.
Vocational education institutions organized under the following types:
- Firstly, a public vocational education institution as a State-owned vocational education institution, whose facilities invested and constructed by the State;
- Secondly, a private vocational education institution is a vocational education institution under the ownership of a social organization, a socio-professional organization, a private economic organization or individual, or a vocational education institution invested and constructed by a social organization, a socio-professional organization, a private economic organization, or an individual;
- Thirdly, foreign-invested vocational education institution includes wholly foreign-invested vocational education institution; joint-venture vocational education institution between domestic investors and foreign investors.
Can foreign individuals set up intermediate schools in Vietnam?
According to the provisions of the law mentioned above: “foreign-invested vocational education institution includes wholly foreign-invested vocational education institution; joint-venture vocational education institution between domestic investors and foreign investors”, foreign individuals may establish intermediate schools in Vietnam.
Organizational structure of vocational education institutions
The organizational structure of a public or private vocational training school or college includes:
a) School councils of public vocational training schools, or colleges; Board of Directors of private vocational training schools or colleges;
b) Principals, Vice Principals;
c) Administrative departments;
d) Faculties, or subjects;
dd) Advisory boards;
e) School branch; organizations for scientific and technology research; organizations for training services, scientific research, and application development; internal business facilities (if any).
Besides, the organizational structure of a public or private vocational training center includes:
a) Directors, Deputy Directors;
b) Administrative departments;
c) Subjects;
d) Advisory boards;
dd) Organizations for training services; internal business facilities (if any).
In particular, foreign-invested vocational education institutions are autonomous in their organizational structure.
Registration for vocational education activities
A vocational education institution, a higher education institution or an enterprise shall be granted the Certificate in vocational education registration if it meets all requirements below:
- Firstly, having a decision on establishment or permission for establishment;
- Secondly, having land, facilities, or equipment meeting requirements pertaining to training activities according to the commitment;
- Thirdly, having sufficient training programs, teaching, and learning materials as prescribed;
- Fourthly, having teaching staff and administrative officials of vocational education who have equalizations and sufficient quantity, uniform structure;
- Also, having necessary financial resources as prescribed to ensure the maintenance and development of the vocational education;
- Lastly, having regulations on organization and operation.
Regulations of the law on the school principals
The Principal of vocational training schools or colleges is the leader of the vocational training schools or the colleges, the representative who takes legal responsibility and manages the operation of the school. The tenure of the Principal is 05 years. The Principal shall be appointed and appointed again at the end of the tenure and not exceeding two consecutive tenures.
The Principal of a public vocational training school or college shall be the owner of the school’s account, and take legal responsibility for the management of finance and assets of the school.
The school principals must meet the following criteria:
a) Have moral virtue, have at least 5-year experience of teaching or management of vocational education;
b) Have at least a Bachelor’s degree regarding the Principal of the vocational training school; have at least a Master’s degree regarding the Principal of the college;
c) Have completed refresher courses in vocational education management;
d) Attain fitness; ensure the age to participate in at least one tenure of the Principal regarding the appointment of the Principal of the public vocational training schools or colleges.
The Principal of the vocational training school or college must:
The Principal of the vocational training school or college must:
- Firstly, Issue the regulations of the vocational training schools or colleges according to the Resolutions of the School Council or the Board of Directors;
- Secondly, Implement Resolutions of the School Council or the Board of Directors;
- Thirdly, Decide the establishment, acquisition, division, or dissolution of the organizations of the school according to the Resolutions of the School Council or the Board of Directors; the appointment, discharge, or dismissal of the leader or vice leader positions in organizations of the school.
- Fourthly, Formulate the planning and develop teaching staff, and administrative officials; decide the structure, number of employees, and efficient wages; employ officials and workers according to the demand of the vocational education center; conclude an employment contract, labor contract, manage and use officials, workers and terminate the contract as prescribed;
- Fifthly, Provide training activities, and international cooperation, assess vocational education quality, and cooperate with enterprises in the organization of vocational training;
- Then, Manage the facilities, assets, and finance and use mobilized resources effectively to serve the operation of the vocational education centers as prescribed;
- Also, Report and subject to the inspection or observation as prescribed;
- Formulate and implement the democratic in the institution; subject to the observation of the individuals, organizations, or unions in the school;
- Besides, Send a report on the result of the performance of the Principal and the School managing board to the School Council or the Board of Directors every year;
- Lastly, Other tasks and entitlement as prescribed.
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Related questions
The School Council is the governing organization and represents the ownership of the school. School councils are established in intermediate schools and public colleges.
The Board of Director means the sole representative organization of the school’s owners. Boards of Director established in intermediate schools and private colleges.
Procedures for establishment, number and structure of members, duties and powers of the Board of Directors; standards, duties as well as powers of the chairman and secretary of the board of directors.
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