Procedures for merging and separating universities

Merging and separating universities is the process of restructuring higher education organizations to improve the quality of higher education, diversify training professions, and meet local and regional human resource needs. Mastering legal requirements and preparing complete and accurate documents is a factor in ensuring the merger and separation process goes smoothly. Follow Long Phan’s following article for a detailed analysis of the steps to perform this procedure.

Requirements when merging and separating universities

The process of merging and separating universities has had legal changes. Article 2 of Decree 135/2018/ND-CP abolished Clause 1, Article 94 of Decree 46/2017/ND-CP, which stipulates specific requirements for mergers and separations of universities. This change reflects the trend of reducing administrative barriers in the process of restructuring the higher education system.

Although there are no longer specific requirements, university mergers and separates must still comply with the basic principles of the Law on Higher Education. This process needs to ensure the maintenance and improvement of the quality of training, scientific research and community service. Universities participating in the merger or separation process need to develop detailed plans, ensuring the rights of students, lecturers and staff.

Authority to decide on merging and separating universities

The authority to decide on mergers and separates of universities is specified in Clauses 3 and 4, Article 27 of the Law on Higher Education 2012, some phrases are abolished by Point c, Clause 2 and Clause 3, Article 77 of the Law on Education. 2014 and Clause 2, Article 2 of the 2018 Amended Higher Education Law stipulates the authority to merge, separate, and dissolve higher education institutions as follows:

• The Prime Minister decides to establish universities, academies, and public universities; Decision allowing the establishment of private universities and foreign-invested higher education institutions;
• The person with the authority to decide to establish or authorize the establishment of a higher education institution has the authority to decide on the merger, division, or dissolution of the higher education institution.

Thus, the authority to decide on mergers and separate of universities belongs to the Prime Minister. This regulation applies to all types of universities, including public, private and foreign-invested.

Procedures for merging and separating universities

Prepared documents

To carry out procedures for merging and separating universities, relevant parties need to prepare a complete set of documents as prescribed in Clause 3, Article 94 of Decree 46/2017/ND-CP. This dossier includes the following documents:

• 01 original copy of the governing body’s proposal (for public schools); The university’s report (for private schools) submitted to the Ministry of Education and Training on the merger or separation of the university together with the opinion of the Provincial People’s Committee where the school’s headquarters is located after approval. merger or after separation;
• 01 original copy of the Minutes of the General Meeting of Shareholders on the merger, division, and separation of universities (for private schools);
• 01 original copy of the University merger, division, or separation project, which clarifies the purpose of the university merger, division, or separation; The school’s headquarters after merger or separation; expected organizational and human resource structure; plans for learners, teachers, administrators and school staff; plans and roadmaps for merger, division, and separation; Procedures and deadlines for converting assets, converting capital contributions and shares.

Execution order

The process of implementing procedures for merging, dividing and separating universities is specifically stipulated in Clause 4, Article 94 of Decree 46/2017/ND-CP. This process includes the following steps:

Step 1: Submit application

• The university submits complete documents according to regulations to the Ministry of Education and Training. Applications can be submitted in person or sent by post.

Step 2: Review documents

• Within 15 working days from the date of receiving the dossier, the Ministry of Education and Training will review the completeness and validity of the dossier. If the dossier does not meet the requirements, the Ministry will notify in writing the managing agency (for public schools) or university (for private schools) for amendments and supplements.

Step 3: Appraisal of documents

• If the application fully meets the requirements, within 30 working days, the Ministry of Education and Training will evaluate the application. During this process, the Ministry will coordinate with relevant ministries and branches to ensure the comprehensiveness of the appraisal. After completing the appraisal process, the Ministry of Education and Training will submit the dossier to the Prime Minister for consideration and decision.

Step 4: Decide

• The Prime Minister will review the dossier and make the final decision on allowing the university to merge, divide or separate. This decision will be the legal basis for implementing the next steps in the university’s restructuring process.

Consulting and supporting procedures of merging and separating universities

Merging, dividing, and separating universities requires careful preparation and a clear understanding of legal regulations. To ensure this process goes smoothly and effectively, seeking the support of professional consulting units is extremely necessary. At Long Phan, we can help customers save time in carrying out procedures for merging, dividing and separating universities. Long Phan’s professional consulting services can provide effective support. Our services include:

• Legal advice on regulations on mergers, divisions, and separations of universities, on organizational structure, management, and on the rights and obligations of related parties after implementation.
• Drafting dossiers and documents of agreements and contracts related to merger, division and separation of universities.
• Support administrative procedures in preparing documents for permission from competent authorities and contact and work with state agencies.
• Support in preparing documents to carry out procedures for merger, division and separation of universities.
• Consulting on implementation and guidance on steps to take after a decision on merger, division, or separation regarding transfer of assets, personnel, and students.
• Consulting to resolve arising problems.

Procedures for merging, dividing, and separating universities require careful preparation of documents and compliance with regulations. If you need advice and support, please apply when implementing documents and procedures for merging, dividing or separating universities. Please contact Long Phan via hotline 0906735386. Long Phan is ready to advise and support customers quickly and effectively.