(English – Tiếng Anh)

DECREE 86/2018/ND-CP

June 6, 2018

On foreign cooperation and investment in education

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 4, 2005 Law on Education; and the November 25, 2009 Law Amending and Supplementing a Number of Articles of the Law on Education;

Pursuant to the June 18, 2012 Law on Higher Education;

Pursuant to the November 26, 2014 Law on Investment; and the November 22, 2016 Law Amending and Supplementing Article 6 of and Appendix 4 on the List of sectors and trades subject to conditional investment and business to the Law on Investment;

Pursuant to the November 26, 2014 Law on Enterprises;

At the proposal of the Minister of Education and Training;

The Government promulgates the Decree on foreign cooperation and investment in education.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes foreign cooperation and investment in education, including joint education and training with foreign partners; foreign-invested education institutions; and Vietnam-based representative offices of foreign education organizations or institutions.

2. This Decree is applicable to Vietnamese organizations and individuals, international organizations, and foreign organizations and individuals engaged in cooperation and investment in education and training.

3. This Decree does not apply to foreign cooperation and investment in vocational education.

Article 2. Interpretation of terms

 In this Decree, the terms below are construed as follows:

1. Foreign-invested education institution means an education institution with capital invested by a foreign-invested economic organization which operates in accordance with Vietnam’s law and is allowed to use its own seal and account.

2. Short-term training institution means a foreign-invested education institution being a center providing training in foreign languages, informatics, literary skills and specialized skills. These centers may include training institutions established by foreign diplomatic missions or intergovernmental international organizations licensed to operate in Vietnam.

3. Integrated education program means a Vietnamese education program that is integrated with a foreign education program, ensuring the objectives of the Vietnamese education program and avoiding repetition of contents and knowledge.

4. Joint education means the cooperation between a Vietnamese preschool or general education institution and a foreign education institution in order to provide an integrated education program.

5. Joint training means the cooperation between a Vietnamese higher education institution and a foreign higher education institution in order to provide a training program involving grant of degrees or certificates without establishing a legal person.

6. Branch of a foreign-invested higher education institution means a unit within the organizational structure and under the management of a foreign-invested education institution currently operating in Vietnam.

7. Vietnam-based representative office of a foreign education organization or institution means a dependent unit of such foreign education organization or institution which is established and operates in Vietnam to promote and develop cooperation and investment in education in accordance with Vietnam’s law.

Article 3. Education areas permitted for cooperation and investment

1. Foreign organizations and individuals and international organizations (below collectively referred to as foreign organizations and individuals) may cooperate and invest in education areas in accordance with Vietnam’s law and treaties to which Vietnam is a contracting party.

2. Foreign organizations and individuals may cooperate and invest in training disciplines according to current regulations, except those in national security and defense, politics and religion.

Article 4. Educational quality assurance and accreditation

1. Joint education or training with foreign partners and the operation of foreign-invested education institutions in Vietnam must comply with Vietnam’s current regulations on educational quality assurance.

2. Education institutions that are engaged in joint education or training and foreign-invested education institutions in Vietnam shall carry out educational quality accreditation in accordance with Vietnam’s current regulations.

Article 5. Finance in foreign cooperation and investment

1. Education institutions that are engaged in joint education or training with foreign partners, foreign-invested education institutions and representative offices of foreign education organizations or institutions shall comply with Vietnam’s current regulations on finance, accounting, audit and taxation.

2. Foreign investors may contribute capital to and purchase shares and capital contributions of locally invested education institutions and foreign-invested economic organizations that invest in the establishment of education institutions. The procedures for contributing capital to and purchasing shares and capital contributions shall be carried out in accordance with the Law on Investment.

Chapter II. JOINT EDUCATION AND TRAINING WITH FOREIGN PARTNERS

Section 1. JOINT EDUCATION

Article 6. Entities eligible to engage in joint education

Vietnamese private preschool education institutions and private general education institutions and education institutions lawfully operating in foreign countries which are recognized in terms of educational quality by educational quality accreditation agencies or organizations or competent foreign agencies.

Article 7. Education programs, physical foundations and teaching staff

1. Education programs

a/ A foreign education program which is introduced in the integrated program must have been accredited in terms of educational quality in the home country or recognized in terms of educational quality by a competent education agency or organization of the home country;

b/ An integrated education program must ensure the objectives of the Vietnamese education program and satisfy the requirements of the foreign education program; not require learners to re-study the same content of knowledge, and ensure its consistency throughout the educational level and the transferability between educational levels for the interest of students; and also ensure voluntary participation by students and must not cause overload for them;

c/ An integrated education program shall be approved by a competent agency. The Minister of Education and Training shall issue specific regulations on the integration of Vietnamese education programs with foreign ones.

2. The number of students per class and physical foundations must satisfy the requirements of the integrated education program and not affect general teaching activities of Vietnamese education institutions participating in joint education.

3. Teaching staff

a/ Vietnamese teachers teaching an integrated education program must possess the standard training qualifications required for the educational level and prescribed by Vietnam’s law;

b/ Foreign teachers teaching an integrated education program must possess a bachelor’s degree relevant to the discipline he/she teaches and a pedagogy certificate or an equivalent certificate;

c/ Teachers teaching an integrated education program in a foreign language must possess the foreign-language qualifications meeting the requirements of the program, which must not be lower than level 5 in Vietnam’s six-level foreign-language proficiency framework or an equivalent level.

Article 8. Assessment of learning results, examination, graduation recognition, and grant of graduation degrees

1. The assessment of learning results, examination, recognition of completion of education programs and recognition of graduation must comply with the laws of Vietnam and the country providing the education program.

2. A learner who completes an integrated program of upper secondary education shall be granted both Vietnamese and foreign diplomas.

Article 9. Dossiers of request for approval for integrated education programs and joint education

1. A dossier of request for approval of joint education must comprise:

a/ A written request for approval of joint education with a foreign partner, made according to Form No. 01 in the Appendix to this Decree and signed by the parties;

b/ The cooperation agreement or contract between the parties, containing detailed information about the parties and their responsibilities for the committed contents on the program, learning and teaching materials, teachers, physical foundations, examination, assessment and degrees, finance and other relevant contents;

c/ Papers proving the legal status of the parties: a certified true copy or a copy enclosed with the original of the decision on the establishment or permitting the establishment of the education institution; or other equivalent documents;

d/ The foreign education program with contents and subjects to be introduced in the integrated education program, and the integrated education program expected to be taught;

dd/ Documents and materials explaining the integration of education programs;

e/ A certificate of educational quality accreditation or a written approval of the foreign education program granted by a competent agency or organization (a certified true copy or a copy enclosed with the original for comparison);

g/ The joint education scheme prepared by the parties according to Form No. 02 in the Appendix to this Decree, covering the following principal contents: the necessity of the joint education; introduction about the parties; contents of joint education; physical foundations and equipment; a list of expected teachers enclosed with their resumes; students to be enrolled and enrolment criteria and scale; degrees and certificates to be granted, the equivalence (if any) between foreign and Vietnamese degrees and certificates; measures to ensure the interests of learners and employees; the section in charge of the joint program, resumes of representatives of the Vietnamese education institution and foreign education institution participating in managing the program; tuition fees; financial assistance (if any) provided by foreign and Vietnamese individuals and organizations; budget estimate and financial management mechanism; responsibilities and entitlements of the parties; and responsibilities and entitlements of teachers and students.

2. A dossier of request for approval of an integrated education program must comprise:

a/ A written request for approval of an integrated education program;

b/ The foreign education program with contents and subjects to be introduced in the integrated education program, and the integrated education program expected to be taught;

c/ Documents and materials explaining the integration of education programs;

d/ A certificate of educational quality accreditation or a written approval of the foreign education program granted by a competent agency or organization (a certified true copy or a copy enclosed with the original for comparison).

Article 10. Competence and procedures for approving joint education

1. Competence and procedures for approving joint education with foreign partners

a/ Directors of provincial-level Departments of Education and Training have the competence to approve joint education with foreign partners;

b/ The parties shall send 1 set of dossier of request for approval directly or by post to the provincial-level Department of Education and Training;

c/ Within 10 working days after receiving a complete dossier as prescribed in Clause 1, Article 9 of this Decree, the receiving agency shall appraise the dossier and submit it to the Minister of Education and Training for approving the integrated education program under Point c, Clause 1, Article 7 of this Decree;

d/ If finding the dossier incomplete, within 5 working days after receiving it, the provincial-level Department of Education and Training shall send a written notice thereof directly, by post or via email to the parties;

dd/ Within 5 working days after receiving the Ministry of Education and Training’s appraisal result regarding the integrated education program, the provincial-level Department of Education and Training shall issue a decision to approve the joint education, made according to Form No. 03 in the Appendix to this Decree. If the joint education is disapproved, the provincial-level Department of Education and Training shall issue a written reply clearly stating the reason.

2. Competence and procedures for approving integrated education programs

a/ The Minister of Education and Training has the competence to approve integrated education programs;

b/ Provincial-level Departments of Education and Training shall send 1 set of dossier directly or by post to the Ministry of Education and Training;

c/ Within 20 working days after receiving a complete dossier as prescribed in Clause 2, Article 9 of this Decree, the Ministry of Education and Training shall appraise the integrated education program and send a written notice of the processing result to the provincial-level Department of Education and Training;

d/ If finding the dossier incomplete, within 5 working days after receiving it, the Ministry of Education and Training shall send a written notice thereof directly, by post or via email to the provincial-level Department of Education and Training.

Article 11. Period of joint education

The period of joint education must not exceed 5 years counting from the date it is approved, which may be extended with each extension not exceeding 5 years.

Article 12. Extension or adjustment of joint education

1. The procedures for extending joint education shall be carried out at least 6 months prior to the expiration date of joint education.

2. Conditions for extension:

a/ The parties have complied with the contents of the joint education approval decision;

b/ The parties have not violated Vietnam’s and foreign laws.

3. A dossier of request for extension or adjustment must comprise:

a/ A written request for extension or adjustment of joint education, made according to Form No. 04 in the Appendix to this Decree and signed by the parties;

b/ A review report on joint education activities during the permitted period;

c/ The cooperation agreement or contract signed by both parties, which remains effective, containing the information specified at Point b, Clause 1, Article 9 of this Decree.

4. Competence and procedures for approving extension or adjustment:

a/ Persons who have the competence to approve joint education also have the competence to approve extension or adjustment of joint education;

b/ The parties shall send 1 set of dossier directly or by post to the competent authority specified at Point a of this Clause;

c/ Within 5 working days after receiving the dossier, if finding it not fully comprising the papers specified in Clause 3 of this Article, the receiving agency shall send a written notice thereof directly, by post or via email to the parties;

d/ Within 10 working days after receiving a complete dossier, the receiving agency shall appraise it and decide to approve the extension or adjustment of joint education; if rejecting the extension or adjustment, the director of the provincial-level Department of Education and Training shall issue a written reply clearly stating the reason.

In case the adjustment of joint education involves adjustment of the integrated education program, the provisions in Article 10 of this Decree shall be complied with.

Article 13. Suspension of enrollment for or termination of joint education

1. The enrollment for joint education shall be suspended if any of the contents prescribed in Article 7 of this Decree is not ensured.

2. Responsibilities of parties when the enrollment is suspended:

a/ To remedy the violations that lead to the suspension;

b/ To ensure that the students currently participating in the integrated education program can continue their study;

c/ To report to the competent person who has approved the joint education on the result of remediation of the violations that lead to the suspension of the enrollment in order to be permitted for resumption of operation;

3. Joint education shall be terminated in the following cases:

a/ The period specified in the joint education approval decision or extension or adjustment decision expires;

b/ At the request of the parties;

c/ The period of enrollment suspension has expired but the violations leading to  the suspension cannot be remedied;

d/ The joint education approval decision or extension or adjustment decision is violated to a degree that the joint education is subject to termination under law.

4. Responsibilities of the parties when their joint education is terminated ahead of time:

a/ To ensure that students participating in the integrated education program can continue their study until they finish the education level;

b/ To refund the fees that students have paid if the joint education is terminated;

c/ To pay salaries, wages and remunerations and other entitlements to teachers and employees according to the signed labor contracts or the collective labor agreements in accordance with the labor law;

d/ To pay all tax debts (if any) and other debts.

5. Dossiers, procedures and competence to terminate joint education

a/ Persons who have the competence to approve joint education also have the competence to terminate joint education;

b/ A dossier of request for termination of joint education must comprise: a written request for termination of joint education with foreign partners made according to Form No. 05 in the Appendix to this Decree, specifying the reason for termination and a plan for termination, measures to ensure lawful benefits of learners and employees; and a plan for solving financial and property matters;

c/ The dossier shall be sent directly or by post to the competent agency specified in Article 10 of this Decree;

d/ Within 15 working days after receiving the dossier, the receiving agency shall appraise the dossier, decide to terminate the joint education and announce the termination in the mass media; if rejecting termination of the joint education, the director of the provincial-level Department of Education and Training shall issue a written reply clearly stating the reason to the parties;

dd/ If the joint education is terminated in a case prescribed at Point c or d, Clause 3 of this Article, the competent agency shall consider and terminate the joint education.

Article 14. Responsibilities of the parties to joint education

1. To organize the implementation of the joint education approval decision or extension or modification decision.

2. To provide sufficient and clear information about the joint education on the website of the education institution and take responsibility for the accuracy of such information.

3. To take responsibility for the legal validity of the foreign degrees and certificates granted to students.

4. To fulfill other obligations in accordance with law.

5. To comply with the following reporting regime:

a/ The parties shall send a  report on the joint education of the academic year to the provincial-level Department of Education and Training before October 31 every year;

b/ The report must include the following main contents: the implementation of the joint education approval decision or extension or adjustment decision, the organization structure, teachers and lecturers, number of enrolled students, organization of teaching and learning, students’ academic performance, number of graduated students, graduation rates, awarded degrees, financial statements, difficulties and advantages during the process of implementation, suggestions and proposals;

c/ The provincial-level Department of Education and Training shall make a general review report based on the reports submitted by the joint education parties and send it to the Ministry of Education and Training before November 30 every year;

d/ The reports shall be submitted online and in writing.

Section 2. JOINT TRAINING AT BACHELOR’S, MASTER’S AND DOCTORATE LEVELS AND EXAMINATION FOR GRANT OF FOREIGN CERTIFICATES OF FOREIGN-LANGUAGE PROFICIENCY

Article 15. Eligible institutions and forms of joint training

1. Institutions eligible for joint training at bachelor’s, master’s and doctorate levels

a/ Higher education institutions lawfully established and operating in Vietnam with accredited education quality;

b/ Higher education institutions lawfully established and operating in foreign countries with education quality recognized by foreign accreditation agencies or organizations or competent foreign education agencies and recognized by Vietnam’s competent agencies or organizations.

2. Institutions or organizations eligible for jointly organizing examinations to grant foreign certificates of foreign-language proficiency

a/ Education or training institutions or organizations lawfully established and operating in the education sector Vietnam;

b/ Language proficiency assessment agencies, organizations and institutions lawfully established and operating in foreign countries.

3. Forms of joint training:

a/ Direct joint training;

b/ Online joint training;

c/ Combination of direct and online joint training.

4. The Minister of Education and Training shall issue specific regulations on online joint training and combination of direct and online joint training, and on joint organization of examinations to grant foreign certificates of foreign-language proficiency.

Article 16. Scope and scale of enrollment for, and languages taught in joint training

1. Scope of joint training

a/ Higher education institutions specified at Point a, Clause 1, Article 15 of this Decree may only enter joint training within the scope of training disciplines and levels allowed by competent Vietnamese agencies;

b/ Higher education institutions specified at Point b, Clause 1, Article 15 of this Decree may only enter joint training within the scope of disciplines and levels permitted and recognized by  competent Vietnamese agencies.

2. The joint training scale shall be determined based on the quality assurance conditions in terms of physical foundations, equipment, laboratories, libraries, teaching staff and managers. These conditions must be other than those used for calculating the total enrollment quota of the education institution. In case the same quality assurance conditions are used, the scale of joint training shall be included in the annual total enrollment scale of the education institution. Vietnamese and foreign education institutions shall propose the scale of joint training in the dossier of request for approval of joint training and submit it to competent authorities specified in Article 22 of this Decree for approval.

3. Students eligible for enrolment in joint training programs to grant degrees must satisfy the following conditions:

a/ In case of granting degrees of Vietnamese higher education institutions, they must satisfy the enrollment conditions for bachelor’s, master’s or doctorate level according to Vietnam’s law;

b/ In case of granting degrees of foreign higher education institutions, they must satisfy the enrollment conditions for bachelor’s, master’s or doctorate level of the foreign education institution concerned corresponding to the enrollment conditions prescribed in the laws of the country where the foreign education institution is established;

c/ In case of granting degrees of both Vietnamese and foreign higher education institutions, they must satisfy the conditions prescribed at Points a and b of this Clause;

d/ Foreign language proficiency: In case of granting degrees of Vietnamese higher education institutions, they must reach at least level 3 in Vietnam’s six-level foreign-language proficiency framework or equivalent; in case of granting degrees of foreign higher education institutions or granting degrees of both Vietnamese and foreign higher education institutions, they must attain at least level 4 in Vietnam’s six-level foreign-language proficiency framework or equivalent; for enrolment in a joint training program in a foreign language, they must satisfy the foreign-language requirements set by the foreign education institution;

dd/ Depending on the demands of learners, the education institutions conducting joint training may hold foreign-language training courses to help their learners attain the level specified at Point d of this Clause before participating in the official training.

4. Joint training to grant foreign degrees and certificates shall be taught in foreign languages, neither in Vietnamese nor through an interpreter. Joint training to grant Vietnamese degrees and certificates may be taught in Vietnamese or through an interpreter.

Article 17. Training programs

1. Joint training may be conducted according to foreign training programs or programs developed by both parties; such a program may be either wholly carried out in Vietnam or carried out in both Vietnam and a foreign country with grant of either foreign degrees and certificates or both Vietnamese and foreign ones.

2. A foreign training program carried out in Vietnam must have been accredited in terms of educational quality in the home country or recognized in terms of educational quality by a competent education agency of the home country; the program must not contain contents harmful to the national defense and security and public interests; must not spread religions, distort the history or negatively affect the culture, ethics and fine traditions and customs of Vietnam, and must ensure the transferability between training levels.

3. The standard outcomes of a joint training program with a foreign partner must not be lower than those prescribed in Vietnam’s legal documents.

Article 18. Physical foundations, equipment and locations

1. For joint training:

a/ The physical foundations and equipment used in joint training must satisfy the requirements of the disciplines being taught, without affecting general training activities of the Vietnamese education institution, including classrooms, teachers’ rooms, computer labs, practice rooms, laboratories, libraries and other necessary equipment. The minimum average area used in teaching and learning in direct joint training must be 5m² per student;

b/ The education institutions that provide joint training shall provide sufficient textbooks and learning materials to serve the study and research of students;

c/ Joint training may not be provided outside the Vietnamese education institution’s head office permitted by a competent agency.

2. For organizing examinations to grant foreign certificates of foreign-language proficiency:

The locations, physical foundations, equipment and staff serving the joint organization of examinations to grant foreign certificates of foreign-language proficiency must ensure quality for the organization of the examinations.

Article 19. Teaching staff

1. Lecturers’ qualifications

a/ For joint training at bachelor’s level, lecturers must possess a master’s or higher degree in the discipline group being taught;

b/ For joint training at master’s level, lecturers who teach the subjects and specialized courses and guides master’s dissertations must possess a doctorate degree in the discipline group being taught; lecturers who guide practice and internship must possess a master’s or higher degree in the discipline in which they guide the practice and internship;

c/ For joint training at doctorate level, lecturers must process a doctorate degree in a discipline group relevant to the study credits under their charge in the doctorate training program. Those who guide researchers must satisfy at least the requirements for guiding researchers under Vietnam’s doctorate training programs.

2. Lecturers who teach in a joint training program must have experience in teaching higher education courses on the disciplines they teach, except the cases specified in Clause 4 of this Article.

3. Lecturers who teach in a joint training program in a foreign language must possess the foreign-language proficiency as required by the program, which must not be below level 5 of Vietnam’s six-level language proficiency framework or equivalent.

4. Native speakers who teach foreign-language skills must possess a bachelor’s or higher degree and a relevant foreign-language teaching certificate.

Article 20. Examinations, assessment, graduation recognition and grant of degrees and certificates

1. The examinations, assessment and recognition of completion of subjects and training programs, and graduation recognition must comply with Vietnam’s law in case of granting Vietnam’s degrees and certificates, or comply with foreign laws in case of granting foreign degrees and certificates.

2. Degrees and certificates granted to learners of joint training or at foreign-invested education institutions are prescribed as follows:

a/ Degrees granted by Vietnamese education institutions must comply with Vietnam’s law;

b/ Degrees granted by foreign education institutions must comply with their home country’s laws and shall be recognized by a competent Vietnamese agency;

In case degrees of both Vietnamese education institutions and foreign education institutions are granted, they must comply with the provisions of Points a and b of this Clause.

3. The examination and assessment of academic performance of learners who take online courses shall be carried out directly at the Vietnamese institutions participating in the joint training.

4. Foreign certificates of foreign-language proficiency must be lawfully recognized in the home country and universally valid worldwide.

Article 21. Dossiers for approval of joint training and joint organization of examinations to grant foreign certificates of foreign-language proficiency

1. Joint training:

a/ A written request for approval of joint training with a foreign partner, signed by the parties to joint training and made according to Form No. 06 in the Appendix to this Decree;

b/ A cooperation agreement or contract between the parties, containing specific information about the parties and their responsibilities for the committed concrete contents on the training program, learning and teaching materials, lecturers, physical foundations, examination, assessment, degrees, financial information and other related contents;

c/ Papers proving the legal status of the parties: a certified true copy or a copy enclosed with the original of the decision on the establishment or permitting the establishment of the education institution, or other equivalent documents;

d/ Papers proving that both Vietnamese and foreign education institutions are permitted to provide training in the expected field of joint training (a certified true copy or a copy enclosed with the original for comparison);

dd/ The certificate of educational quality accreditation of the foreign training program or written recognition of educational quality issued by a competent agency (a certified true copy or a copy enclosed with the original for comparison);

e/ The written in-principle approval (if any) of the joint training with a foreign partner issued by the managing agency of the Vietnamese education institution;

g/ The scheme on joint training with a foreign partner which is jointly developed by the parties and made according to Form No. 07 in the Appendix to this Decree, containing the following principal contents: the necessity of the joint training; objectives of the joint training; introductions about the parties; contents of joint training; training disciplines and levels; physical foundations and equipment; curricula and teaching contents; list of expected lecturers enclosed with their resumes; eligible students and enrollment criteria; training scale; forms of examination and assessment; degrees and certificates expected to be granted; the equivalence between foreign degrees and certificates and those of Vietnam’s national education system; measures to guarantee educational quality and protect the interests of learners and employees; the section in charge of joint training; resumes of the representatives of the Vietnamese and foreign education institutions who participate in managing the program; tuition rates and financial assistance (if any) from Vietnamese and foreign organizations and individuals; budget estimate; financial management mechanism; responsibilities and rights of the parties; and responsibilities and rights of teachers and learners.

2. For the joint organization of examinations to grant foreign certificates of foreign-language proficiency, a dossier must comprise:

a/ A written request for approval of the joint organization of examinations to grant foreign certificates of foreign-language proficiency, made according to Form No. 08 in the Appendix to this Decree;

b/ The cooperation agreement or contract between the Vietnamese examination-organizing institution and the foreign institution assessing foreign-language proficiency;

c/ Documents proving the legal status of the parties;

d/ A scheme on organization of examinations to grant foreign certificates of foreign-language proficiency, made according to Form No. 09 in the Appendix to this Decree, containing information about the validity and scope of use of foreign certificates of foreign-language proficiency, proofs of quality assurance for examinations, venues of examinations, forms of examination, responsibilities of the parties, examination fees and other charges, collection and payment mechanism and financial management mechanism; rights and responsibilities of examinees, and other related contents.

Article 22. Competence to approve

1. The Minister of Education and Training has the competence to approve the joint organization of examinations to grant foreign certificates of foreign-language proficiency, and joint training with foreign partners at bachelor’s, master’s and doctorate levels carried out in the forms specified in Clause 3, Article 15 of this Decree, except the cases specified in Clause 2 of this Article.

2. The directors of national universities and regional universities and heads of higher education institutions operating under the autonomy mechanism have the competence to approve direct joint training at bachelor’s, master’s and doctorate levels provided at their institutions.

3. The principals (directors) of Vietnamese higher education institutions have the competence to approve joint training to grant certificates other than foreign certificates of foreign-language proficiency and certificates of training to accumulate credits or modules as the basis for grant of degrees.

Article 23. Procedures for approving joint training and joint organization of examinations to grant foreign certificates of foreign-language proficiency

1. For joint training

a/ The parties shall send 1 set of dossier prescribed in Clause 1, Article 21 of this Decree directly or by post to the competent agency defined in Article 22 of this Decree;

b/ Within 20 working days after receiving a complete dossier, the receiving agency shall appraise it and issue a decision approving the joint training with a foreign partner, made according to Form No. 10 in the Appendix to this Decree;

c/ If finding the dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the requesting institution.

2. For the joint organization of examinations to grant foreign certificates of foreign-language proficiency

a/ The parties jointly organizing examinations to grant foreign certificates of foreign-language proficiency shall send 1 set of dossier as prescribed in Clause 2, Article 21 of this Decree directly or by post to the Ministry of Education and Training;

b/ Within 20 days after receiving a complete dossier, the Ministry of Education and Training shall appraise the joint organization of examinations and send a written notice of the appraisal result directly or by post to the parties;

c/ If finding a dossier incomplete, within 5 working days after receiving it, the Ministry of Education and Training shall send a written notice thereof directly, by post or via email to the parties.

Article 24. Period of joint training and joint organization of examinations

The period of joint training or joint examination of examinations to grant foreign certificates of foreign-language proficiency must not exceed 5 years from the date of obtaining the approval and may be extended, with each extension not exceeding 5 years and not exceeding the term of the cooperation agreement or contract signed by the parties.

Article 25. Extension or adjustment of joint training and joint examination of examinations to grant foreign certificates of foreign-language proficiency

1. The parties jointly providing training or jointly organizing examinations to grant foreign certificates of foreign-language proficiency shall send 1 set of dossier as prescribed in Clause 5 of this Article directly or by post to a competent authority.

2. The procedures for extension of joint training or joint organization of examinations to grant foreign certificates of foreign-language proficiency shall be carried out at least 6 months prior to the expiration date of the joint training or joint organization of examinations. The adjustment of joint training or joint organization of examinations to grant foreign certificates of foreign-language proficiency shall be carried out upon request of the parties.

3. Conditions for extension or adjustment of joint training:

a/ The parties have strictly complied with the joint training approval decision;

b/ They have not violated Vietnam’s and foreign laws;

c/ The joint training program will continue to satisfy the conditions on educational quality accreditation.

4. Conditions for extension or adjustment of the joint organization of examinations to grant foreign certificates of foreign-language proficiency:

a/ The parties have strictly complied with the document permitting the joint organization of examinations to grant foreign certificates of foreign-language proficiency;

b/ No violations or cheating are or is detected in the organization of examinations and grant of foreign certificates of foreign-language proficiency.

5. A dossier of request for extension or adjustment must comprise:

a/ A written request for extension or adjustment of the joint training or organization of examinations, made according to Form No. 11 in the Appendix to this Decree and signed by the parties;

b/ A review report on the joint training or joint organization of examinations in the permitted period;

c/ The cooperation agreement or contract signed by the parties which remains valid.

6. Competence and procedures for approving the extension or adjustment:

a/ The authority that has the competence to approve the activity of joint training or joint organization of examinations also has the competence to approve the extension or adjustment of such activity;

b/ The parties shall send 1 set of dossier as prescribed in Clause 5 of this Article directly or by post to the competent agency specified in Article 22 of this Decree;

c/ Within 10 working days after receiving the dossier, the receiving agency shall appraise it and issue an extension or adjustment decision;

d/ If finding a dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the parties.

Article 26. Suspension of enrollment and termination of joint training and joint organization of examinations to grant foreign certificates of foreign-language proficiency

1. The enrollment for joint training shall be suspended if one of the requirements prescribed in Articles 16 thru 20 of this Decree is not satisfied.

2. Responsibilities of education institutions when they are suspended from enrollment for joint training:

a/ To remedy the violations which lead to the suspension of enrollment;

b/ To ensure that the learners currently participating in the joint training can continue their study;

c/ To report to the competent person who has approved the joint training on the result of remediation of the violations which lead to the enrollment suspension in order to obtain permission for resuming its operation.

3. Joint training shall be terminated in the following cases:

a/ The period stated in the joint training approval decision, extension decision or adjustment decision expires;

b/ At the request of the parties;

c/ The period of enrollment suspension has expired but the violations leading to the suspension have not been remedied;

d/ The parties violate the joint training approval decision or extension decision or adjustment decision to a degree that the joint training is subject to termination as prescribed by law;

dd/ The joint training has been suspended but the violations leading to the suspension cannot be remedied in order to ensure the contents prescribed in Articles 16 thru 20 of this Decree.

4. Responsibilities of education institutions when the joint training is terminated:

a/ To contact and transfer the enrolled students to another education institution as prescribed by law;

b/ To refund the fees learners have paid in case the joint training program and the grant of degrees and certificates are not recognized by the Ministry of Education and Training, or the joint training is suspended or terminated but the learners are not allowed to or do not want to be transferred to another education institution;

c/ To pay the remunerations and provide other benefits to the teachers, lecturers and employees in accordance with the labor contracts signed with them or the collective labor agreement;

d/ To pay the tax debts (if any) and other debts.

5. The joint organization of examinations to grant foreign certificates of foreign- language proficiency shall be terminated in the following cases:

a/ The joint organization of examinations to grant foreign certificates of foreign-language proficiency in Vietnam is no longer permitted by the foreign institution organizing examinations to grant such certificates;

b/ Frauds are detected in the dossier or the organization of examinations to grant  foreign certificates of foreign-language proficiency;

c/ The parties commit violations of the written permission for organization of examinations to grant  foreign certificates of foreign-language proficiency.

6. Responsibilities of the parties in case of termination of their joint organization of examinations to grant foreign certificates of foreign-language proficiency:

a/ To refund the fees the examinees have paid when the latter cannot take the examinations;

b/ To refund the fees the examinees have paid and other amounts that they may incur when the granted foreign certificates of foreign-language proficiency are detected to be of no validity or are not recognized by competent Vietnamese agencies;

c/ To fulfill their obligations to their employees in accordance with law;

d/ To pay tax debts (if any) or other debts.

7. Competence, dossier and procedures for terminating the joint training or joint organization of examinations to grant foreign certificates of foreign-language proficiency:

a/ The person who has the competence to approve the activity of joint training or joint organization of examinations also has the competence to terminate such activity;

b/ A written request for termination made according to Form No. 12 in the Appendix to this Decree, specifying the reason for termination, enclosed with the termination plan stating measures to ensure lawful benefits of the learners and employees, and methods of solving financial and property problems;

c/ A dossier of request for termination shall be sent directly or by post to the competent agency specified in Article 22 of this Decree;

d/ Within 15 working days after receiving the dossier, the receiving agency shall appraise it, issue a decision to terminate the joint training or joint organization of examinations and announce the decision in the mass media; if rejecting the termination of the joint training or joint organization of examinations, the competent person specified in Article 22 of this Decree shall issue a written reply clearly stating the reason.

Article 27. Responsibilities of parties and the reporting regime

1. Responsibilities of the parties to joint training

a/ To provide sufficient and clear information relating to the joint training on their websites and take responsibility for the truthfulness of such information;

b/ To organize the implementation of the joint training decision;

c/ To take responsibility for the legal validity of foreign degrees and certificates granted to learners;

d/ To fulfill other obligations as prescribed by law.

2. Responsibilities of the parties jointly organizing examinations to grant foreign certificates of foreign-language proficiency:

a/ To provide sufficient and clear information relating to the joint organization of examinations on their websites and take responsibility for the truthfulness of such information;

b/ To organize the implementation of the scheme on the joint organization of examinations to ensure that it is carried out under regulations without cheating;

c/ To take responsibility for the legal validity of the foreign certificates granted to learners;

d/ To fulfill other obligations as prescribed by law.

3. Reporting regime for joint training:

a/ The parties shall send a report on the joint training of the academic year to the agency with approving competence and to their managing agency (if any) before October 31 every year;

b/ The report must include the following principal contents: the implementation of the joint training approval decision, extension decision and adjustment decision, the organizational structure, teachers and lecturers, number of enrolled students, organization of teaching and learning, academic performance of undergraduate students, graduate students and researchers, number of graduated students, graduation rates, the number of granted degrees and certificates, financial statements, difficulties and advantages during the process of implementation, suggestions and proposals;

c/ Based on the reports on joint training from the units participating in joint training activities, national universities, regional universities and other higher education institutions permitted to operate according to the autonomy mechanism for joint training shall summarize and send reports to the Ministry of Education and Training before November 30 every year;

d/ The report shall be submitted online and in writing.

4. The reporting regime for the joint organization of examinations to grant foreign certificates of foreign-language proficiency

a/ The parties shall send an annual report on the joint organization of examinations to the Ministry of Education and Training and provincial-level Departments of Education and Training of localities where the examinations are organized before January 15 every year;

b/ The report must include the following principal contents: the implementation of the plan on the joint organization of examinations, number of persons who registered for the examinations, number of persons who have sit the examinations, financial statements, difficulties and advantages during the process of implementation, suggestions and proposals;

c/ The report shall be submitted online and in writing.

Chapter III. FOREIGN-INVESTED EDUCATION INSTITUTIONS

Section 1. TYPES, PERIOD OF OPERATION, PROCEDURES FOR PERMITTING THE ESTABLISHMENT, RIGHTS AND OBLIGATIONS OF FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 28. Types of foreign-invested education institutions

1. Short-term training institutions.

2. Preschool education institutions.

3. General education institutions (primary schools, lower secondary schools, upper secondary schools, and universal schools).

4. Higher education institutions.

5. Vietnam-based branches of foreign-invested higher education institutions.

Article 29. Naming of foreign-invested education institutions

1. Foreign-invested education institutions shall be established and operate as schools or centers and be named as follows:

a/ For schools, their names must contain the following components arranged in this order: “School”, “Education grade or training level” and proper name;

b/ For short-term training institutions, their names must contain the following components arranged in this order: “Education or training center”, “Main disciplines or main groups of disciplines” and proper name;

c/ For Vietnam-based branches of foreign-invested higher education institutions, their names must contain the following components arranged in this order: “Branch of… “, “Proper name of the foreign-invested higher education institution” and in “the province or city…”.

2. The proper name of a foreign-invested education institution must neither be identical nor cause confusion with the name of a registered education institution or the name of the enterprise that implements the investment project; must not use words or symbols that contradict the tradition, history, culture, ethics and fine customs of Vietnam.

3. A foreign-invested education institution must have names in both Vietnamese and English (or in another common foreign language) having the same content.

4. The Minister of Education and Training shall consider and decide on naming a number of special education institutions.

Article 30. Operation period

The operation period of a foreign-invested education institution must not exceed 50 years counting from the date of grant of the investment registration certificate, and must not exceed the land lease period.

Article 31. Procedures for approving establishment

1. The procedures for approving the establishment of a short-term foreign-invested training institution are prescribed as follows:

a/ Granting the investment registration certificate;

b/ Issuing the decision permitting education activities and posting the decision on the issuing agency’s website.

2. The procedures for permitting a foreign diplomatic mission or an inter-government international organization to establish a preschool education institution or a general education institution are prescribed as follows:

a/ Issuing the decision permitting the establishment;

b/ Issuing the decision permitting education activities and posting the decision on the issuing agency’s website.

3. The procedures for permitting the establishment of a foreign-invested preschool education institution, general education institution or higher education institution are prescribed as follows:

a/ Granting the investment registration certificate;

b/ Issuing the decision permitting the establishment;

c/ Issuing the decision permitting education activities and posting the decision on the issuing agency’s website.

4. The procedures for permitting the establishment of a branch of a foreign-invested higher education institution are prescribed as follows:

a/ Granting the investment registration certificate;

b/ Issuing the decision permitting the establishment of a branch of a foreign-invested education institution;

c/ Issuing the decision permitting operation and posting the decision on the issuing agency’s website.

Article 32. Rights and obligations of foreign-invested education institutions

1. To have their lawful rights and benefits protected under Vietnam’s law and treaties to which Vietnam is a contracting party.

2. To comply with the territory-based administrative management by the provincial-level People’s Committees; to operate and submit to the state management as prescribed by Vietnam’s law.

3. To make public the commitment on educational quality, the conditions for ensuring educational quality and the collection and payment mechanism. To refund the paid fees to the learners if the training program fails to ensure the educational quality as committed.

4. To ensure the lawful rights and benefits of learners, officers, lecturers, teachers and employees if the institutions terminate or are forced to terminate their operation ahead of time.

5. To facilitate the operation of political organizations and socio-political organizations which are established and operate under Vietnam’s law at the foreign-invested education institutions.

6. To send a report on the comprehensive development of the institutions to their respective superior state management agencies and provide adequate explanations as required by these agencies before November 30 every year. Such report must include the following principal contents: the implementation of the decision approving the educational activities, organizational structure, teachers and lecturers, number of enrolled students, organization of teaching and learning, academic performance of students, undergraduate students, graduate students and researchers, number of graduated students, graduation rates, granted degrees and certificates, financial statements, difficulties and advantages during the process of implementation, suggestions and proposals. The report shall be submitted online and in writing.

7. To perform other rights and obligations as prescribed by Vietnam’s law.

Section 2. COMPETENCE AND PROCEDURES FOR APPRAISING THE EDUCATION CONDITIONS TO GRANT INVESTMENT REGISTRATION CERTIFICATES

Article 33. Education conditions for grant of investment registration certificates

1. Conforming with the master plan on the education institution network approved by a competent agency.

2. Satisfying the requirements specified in Article 3 of this Decree.

Article 34. Competence and procedures for appraising education conditions

1. For projects on establishing higher education institutions, the agency that grants investment registration certificates shall submit their dossiers to the Ministry of Planning and Investment to seek appraisal opinions from the Ministry of Education and Training and related agencies, and summarize the appraisal opinions and propose the Prime Minister to decide on investment policy.

2. For projects on establishing branches of foreign-invested higher education institutions, the agency that grants investment registration certificates shall seek the appraisal opinion from the Ministry of Education and Training.

3. For projects on investment in establishing short-term training institutions, preschool education institutions or general education institutions, the agency that grants investment registration certificates shall seek appraisal opinions from  provincial-level Departments of Education and Training.

4. The dossier, order and procedures for applying for investments registration certificates must comply with the Law on Investment.

Section 3. CONDITIONS FOR ESTABLISHING FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Article 35. Investment capital

1. A project on investment in establishing a preschool education institution must have an investment unit of at least VND 30 million per child (excluding land use costs). The total minimum capital shall be calculated based on the time when the estimated education scale is greatest. The capital plan must conform with the estimated scale of each stage.

2. A project on investment in establishing a general education institution must have an investment unit of at least VND 50 million per student (excluding land use costs). The total minimum capital shall be calculated based on the time when the estimated education scale is greatest but must not be lower than VND 50 billion.

3. A project on investment in establishing a short-term training institution must have an investment unit of at least VND 20 million per student (excluding land use costs). The total minimum capital shall be calculated based on the time when the estimated education scale is greatest.

4. A project on investment in establishing a higher education institution must have a total minimum capital of VND 1 trillion (excluding land use costs). The foreign-invested economic organization which is the investor of the project shall prove its financial capacity according to the Law on Investment. By the time of appraisal for the establishment of the university, the executed investment value must surpass VND 500 billion.

5. A project on investment in establishing a Vietnam-based branch of a foreign-invested higher education institution must have a minimum investment capital of VND 250 billion (excluding land use costs).  By the time of appraisal for the establishment of the branch, the executed investment value must surpass VND 150 billion.

6. For a foreign-invested education institution of which the physical foundations are not newly built but are leased or contributed by the Vietnamese side, the investment capital must reach at least 70% of the levels specified in Clause 1, 2, 3, or 4 of this Article.

Section 4. EDUCATIONAL QUALITY ASSURANCE IN FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 36. Physical foundations and equipment

1. For a short-term training institution:

a/ Its classrooms must have appropriate light, desks, chairs, and teaching equipment and aids;

b/ The minimum average area for learning and teaching is 2.5m² per student;

c/ It has offices for the board of directors and managers and teachers, libraries and other functional rooms.

2. For a preschool education institution:

a/ The school is located in a good environment. The school area suits the number of classes and students, with at least 8 m² per child, for urban areas, or 12m² per child, for rural areas;

b/ The school has classrooms, children’s bedrooms and other functional rooms with appropriate light, desks, chairs and equipment for taking care of and educating children;

c/ The school has a school’s office, an office for the board of directors, an administration room, a school clinic, a security room and staff’s rooms with suitable area, equipment and articles for managing, taking care of, nurturing and teaching children;

d/ The school has a clean water system, a water drainage system and appropriate toilets with safe and clean equipment satisfying all activities of the school;

dd/ If organizing cooking for children, the school’s kitchen is organized according to the one-way operation process with suitable equipment and articles that ensure food safety and hygiene;

e/ The school has a playground and surrounding walls, and a gate with a board displaying the school’s name conformable with the provisions of Article 29 of this Decree;

g/ There are trees in the school area. All the constructions, equipment, articles and toys of the school are absolutely safe for children.

3. For a general education institution:

a/ The school is located in a good environment. The school area is suitable to the numbers of classes and students, and the regional characteristics, with at least 6m² per student, for urban areas, or 10m² per student, for rural areas;

b/ The minimum area for learning and teaching is at least 2.5 m² per student;

c/ There are appropriate offices for the board of directors and teachers, and appropriate meeting rooms;

d/ There are subject classrooms (for lower and upper secondary schools), library, desks, chairs, teaching equipment and aids that satisfy the current standards set by the Ministry of Education and Training;

dd/ There are multi-purpose gym, art education room, computer lab, supporting room for disabled students and school clinic. There are canteens and break room, if day-boarding is organized;

e/ There are a clean water supply and toilets suitable to the scale of the education institution and meeting the current standard conditions set by the Ministry of Education and Training;

g/ There are a playground, training ground and parking lot that account for at least 30% of the total area of the school. There are surrounding walls and a gate with a board showing the school’s name as prescribed in Article 29 of this Decree.

4. For a higher education institution and a Vietnam-based branch of a foreign-invested higher education institution:

a/ The land area for building the school is at least 25m² per student at the time the training scale under the development plan of the school is greatest;

b/ The average constructed area is at least 9 m²/ student, including the area for study of at least 6 m² per student; the dormitory area is at least 3m² per student;

c/ There are enough lecture halls, classrooms and functional rooms that satisfy the training requirements of the disciplines and the forms of training;

d/ There are enough working offices, an administration area and the management board that suit the organizational structure of the academic departments, faculties and disciplines, with the minimum area of 8 m² per person;

dd/ There are conference rooms, libraries, testing labs, workshops and other facilities that satisfy the requirements of the training program and science and technology activities;

e/ There are canteens and facilities serving the recreation, sports and cultural activities, and clinics and services serving the managers, lecturers and students;

g/ There are a technical facility area and a parking lot for cars, motorbikes and bicycles.

5. Rent of physical foundations:

A foreign-invested education institution may rent the physical foundations for at least 5 stable years and shall ensure that the physical foundations satisfy the requirements specified in Clauses 1, 2, 3 and 4 of this Article.

Article 37. Education programs

1. The education program implemented at a foreign-invested education institution must demonstrate the educational target, without content harming the national defense and security and public interests; must not spread religions and distort history; must not negatively affect the culture, ethics and fine traditions and customs of Vietnam, and must ensure the transferability between educational levels and grades.

2. A foreign-invested education institution may organize the teaching of:

a/ The Vietnamese education program according to Vietnam’s law;

b/ The foreign preschool or general education program, for education institutions referred to in Clauses 2 and 3, Article 28 of this Decree;

c/ Foreign short-term training programs; programs at bachelor’s, master’s and doctorate levels within the framework of joint training with foreign partners.

3. The Minister of Education and Training shall prescribe the compulsory contents of education and training for Vietnamese citizens learning at preschool education institutions, general education institutions, higher education institutions and branches of foreign-invested higher education institutions.

Article 38. Teaching staff

1. For short-term education institutions:

a/ Teachers must possess at least a college degree or equivalent in the disciplines relevant to the subjects they teach;

b/ The maximum ratio of students to teacher is 25:1.

2. For preschool education institutions:

a/ Teachers must possess at least college degree in preschool pedagogy or equivalent;

b/ The maximum number of children within 1 group or class is prescribed below:

For children in kindergarten age:

– Children aged 3 – 12 months: 15 children per group;

– Children aged 13 – 24 months: 20 children per group;

– Children aged 25 – 36 months: 25 children per group.

For children in preschool age:

– Children aged 3 – 4 years: 25 children per class;

– Children aged 4 – 5 years: 30 children per class;

– Children aged 5 – 6 years: 35 children per class.

c/ The number of teachers within 1 group or class is prescribed as follows:

– For children in kindergarten age: 5 children per teacher;

– For students in preschool age: 10 – 12 children per teacher.

3. For general education institutions:

a/ Teachers must possess at least bachelor’s degree in pedagogy or equivalent;

b/ The ratio of teachers shall be kept at least 1.5 teachers per class for primary schools, 1.95 teachers per class for lower secondary schools, or 2.25 teachers per class for upper secondary schools;

c/ The number of students must not exceed 30 students per class for primary schools, or 35 students per class for lower secondary schools and upper secondary schools.

4. For higher education institutions:

a/ Lecturers must hold master’s degree or higher. The proportion of lecturers that possess master’s degree must not be lower than 50% of the total lecturers, except in some particular disciplines specified by the Minister of Education and Training;

b/ The maximum ratio of students to lecturers is 10:1, for arts disciplines; 15:1 for science and technology disciplines; or 25:1, for social sciences, humanities and economics-business administration disciplines;

c/ Education institutions must have enough permanent lecturers to undertake at least 60% of the program of each discipline;

d/ Foreign lecturers teaching at a foreign-invested higher education institution must have higher education-teaching experience in the disciplines that they teach, except the cases specified at Point dd of this Clause;

dd/ Native speakers who teach their own language skills at a higher education institution must possess a bachelor’s or higher degree and an appropriate foreign-language teaching certificate.

Article 39. Enrollment of Vietnamese students

The education institutions defined in Clauses 2 and 3, Article 28 of this Decree may enroll Vietnamese students for their foreign education programs. The number of Vietnamese students who participate in a foreign education program must be lower than 50% of the total students who participate in the program at the education institution.

Vietnamese students who participate in a foreign education program shall study the compulsory contents prescribed in Clause 3, Article 37 of this Decree.

Section 5. COMPETENCE, DOSSIER AND PROCEDURES FOR APPROVING ESTABLISHMENT OF FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 40. Competence to approve the establishment of foreign-invested education institutions

1. The Prime Minister has the competence to approve the establishment of foreign-invested education institutions.

2. The Minister of Education and Training has the competence to approve the request of foreign diplomatic missions and intergovernmental international organizations for establishing preschool education institutions and general education institutions.

3. Chairpersons of provincial-level People’s Committees have the competence to approve the establishment of preschool education institutions and general education institutions, except those specified in Clause 2 of this Article.

Article 41. Dossiers for approval for establishment of preschool education institutions and general education institutions

1. For preschool education institutions and general education institutions to be established by foreign diplomatic missions or intergovernmental international organizations, a dossier must comprise:

a/ A written request for approval of the establishment of the education institution, made according to Form No. 13 in the Appendix to this Decree;

b/ A detailed project on establishment of the education institution, made according to Form No. 14 in the Appendix to this Decree, stating its proper name; educational targets and tasks; scope of operation; degrees and certificates to be granted; designed structure of the managerial mechanism; a detailed plan for the development and training scale of the education institution in each period, specifying the ability to meet the educational quality requirements prescribed in Articles 36, 37 and 38 of this Decree;

c/ A certified true copy or a copy enclosed with the original of the written approval of the establishment of the education institution and in–principle approval of leasing land issued by the provincial-level People’s Committee of the locality where the education institution is expected to be located, or an in-principle agreement on leasing land or available physical foundations as prescribed in Clause 5, Article 36 of this Decree;

d/ A document proving the financial capacity which satisfies the conditions specified in Article 35 of this Decree.

2. For foreign-invested preschool education, general education or higher education institutions, a dossier must comprise:

a/ A written request for approval of the establishment of an education institution as specified at Point a, Clause 1, this Article;

b/ A certified true copy or a copy enclosed with the original of the investment registration certificate;

c/ A detailed project on establishment of the education institution as specified at Point b, Clause 1, this Article;

d/ A certified true copy or a copy enclosed with the original of the written approval for leasing land issued by the provincial-level People’s Committee, if the physical foundations shall be built (specifying the address, area, and boundary of land), or the in-principle agreement on leasing available physical foundations as prescribed in Clause 5, Article 36 of this Decree and other relevant legal documents;

dd/ A detailed plan on physical foundations or a detailed project on investment in building physical foundations, including both description and detailed design of the education institution;

e/ Documents proving the financial capacity as specified in Article 35 of this Decree.

Article 42. Procedures for approving establishment of education institutions

1. The investor shall send 1 set of dossier directly or by post to:

a/ The Ministry of Education and Training, for dossiers of foreign diplomatic missions or intergovernmental international organizations to request approval of the establishment of higher education institutions, preschool education institutions and general education institutions;

b/ Provincial-level Department of Education and Training, for dossiers of request for approval of the establishment of preschool education institutions, primary schools, lower secondary school, upper secondary schools, and universal schools, except preschool education institutions and general education institutions specified at Point a, Clause 1 of this Article.

2. Procedures for approving the establishment are prescribed as follows:

a/ Within 5 working days after receiving a complete dossier prescribed in Article 41 of this Decree, the receiving agency shall check the validity of the dossier and send it to related agencies and units for opinion;

b/ If finding a dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the investor;

c/ Within 10 working days after receiving the official letter from the receiving agency, the related agencies or units shall give their opinions in writing;

d/ Within 30 working days from after receiving a complete dossier, the receiving agency shall submit the dossier appraisal report to the competent authority specified in Article 40 of this Decree to consider and issue a decision approving the establishment of the foreign-invested education institution, made according to Form No. 15 in the Appendix to this Decree;

dd/ If the dossier is rejected, within 5 working days after receiving the opinion from the competent authority, the receiving agency shall send a written notice thereof directly or by post to the investor, clearly stating the reason.

3. For the education institutions referred to in Clauses 2 and 3, Article 28, after 2 years; or for the education institutions referred to in Clause 4, Article 28, after 4 years, from the date on which the decision approving their establishment takes effect, if the education institutions are not allowed to carry out education activities, this decision will be invalidated.

Section 6. DOSSIERS, PROCEDURES AND COMPETENCE TO APPROVE THE ESTABLISHMENT OF VIETNAM-BASED BRANCHES OF FOREIGN-INVESTED HIGHER EDUCATION INSTITUTIONS

Article 43. Dossier of request for establishment of a branch

1. A written request for approval to establish a branch, made according to Form No. 13 in the Appendix to this Decree.

2. A certified true copy or a copy enclosed with the original of the investment registration certificate involving the establishment of the branch.

3. A certified true copy or a copy enclosed with the original of the document on educational quality accreditation or the document on educational quality recognition granted by a Vietnamese or foreign competent agency.

4. A scheme on the establishment of the branch, made according to Form No. 14 in Appendix to this Decree, specifying: name of the branch; educational targets and tasks; expected structure of the organizational structure of management, educational activities at the branch; a detailed plan on the building, development and training scale of the branch in each period, specifying the ability to meet the educational quality assurance conditions prescribed in Articles 36, 37 and 38 of this Decree; and the list of expected lecturers suitable to the scale of the training program.

5. Documents proving the financial capacity as specified in Article 35 of this Decree.

6. A certified true copy or a copy enclosed with the original of the written approval of lease of land for building the branch or of the in-principle agreement on lease of available physical foundations as required in Clause 5, Article 36 of this Decree and other relevant legal documents.

7. A project on investment in building physical foundations, including a description and a detailed design of the branch, in case of building physical foundations.

Article 44. Competence and procedures for approving establishment of branches

1. Competence to approve the establishment of branches

The Minister of Education and Training has the competence to approve the establishment of branches of foreign-invested higher education institutions.

2. Procedures for approving the establishment of a branch

a/ The investor shall send 1 set of dossier directly or by post to the Ministry of Education and Training;

b/ Within 5 working days after receiving a complete and valid dossier, the receiving agency shall send it to related agencies and units for opinion; if finding the dossier not fully comprising the papers specified in Article 43 of this Decree, within 5 working days, the receiving agency shall send a written notice thereof directly, by post or via email to the investor;

c/ Within 10 working days after receiving an official letter from the dossier-receiving agency, the consulted agencies and units shall give their opinions in writing;

d/ Within 25 working days after receiving a complete dossier, the receiving agency shall send an appraisal report to the competent authority for consideration and decision;

dd/ Within 5 working days after receiving the appraisal report, the competent authority shall consider and decide to approve the establishment of the branch;

e/ If the dossier is rejected, within 5 working days after receiving the written opinion from the competent authority, the dossier-receiving agency shall send directly or by post a written reply clearly stating the reason to the investor.

3. For a branch referred to in Clause 5, Article 28, after 4 years from the effective date of the decision approving its establishment, if the branch is not allowed to carry out education activities, such decision will be invalidated.

Section 7. CONDITIONS, DOSSIER, COMPETENCE AND PROCEDURES FOR PERMITTING EDUCATION ACTIVITIES

Article 45. Conditions for permitting education activities

1. There is a decision permitting the establishment of the education institution or there are an investment registration certificate and enterprise registration certificate, for short-term training institutions.

2. There are invested capital, physical foundations, equipment, education programs and teaching staff that meet the requirements prescribed in Articles 35, 36, 37 and 38 of this Decree.

3. There is a regulation on organization and operation of the education institution.

Article 46. Dossier for registration of education activities

1. A written request for registration of education activities, made according to Form No. 16 in the Appendix to this Decree.

2. A certified true copy or a copy enclosed with the original of the decision approving the establishment, for foreign-invested education institutions; or certified true copies or copies enclosed with the originals of the investment registration certificate and the enterprise registration certificate, for short-term training institutions.

3. The regulation on organization and operation of the education institution.

4. A report on the progress of implementation of the investment project, capital contribution, borrowing of loans and the total amount invested.

5. An explanatory report on the fulfillment of the requirements specified in Articles 35, 36, 37 and 38 of this Decree, for education institutions or branches of higher education institutions, enclosed with:

a/ A list of the principal (director), deputy principals (deputy directors), deans, department managers and chief accountant. For a dossier of application for a license for education activities of a branch of a higher education institution, a list of persons in charge of the branch and its organizational structure is also required;

b/ A list of employees, teachers and lecturers (full-time or visiting lecturers) and their resumes;

c/ A description of education grades, training levels and disciplines;

d/ Education programs, teaching plans, learning materials, lists of textbooks and primary reference materials;

dd/ To-be-recruited students, regulation on and time of enrollment;

e/ Training regulation;

g/ Training scale (students, trainees, learners);

h/ Regulations on tuition fees and related charges;

i/ Regulations on inspection, assessment and recognition of completion of the subject programs, modules and training levels;

k/ Forms of degrees and certificates to be used.

Article 47. Competence to permit education activities

1. The Minister of Education and Training has the competence to permit education activities of higher education institutions and branches of foreign-invested higher education institutions.

2. Directors of provincial-level Departments of Education and Training have the competence to permit education activities of:

a/ Short-term training institutions;

b/ Preschool education institutions, primary schools, lower secondary schools, upper secondary schools, and universal schools;

c/ Preschool education institutions and general education institutions established by foreign diplomatic missions and intergovernmental international organizations.

Article 48. Procedures for permitting education activities

1. An investor shall send 1 set of dossier directly or by post to:

a/ The Ministry of Education and Training, for dossiers of registration of education activities for higher education institutions and branches of foreign-invested higher education institutions;

b/ Provincial-level Department of Education and Training, for dossiers of registration of education activities for short-term training institutions; preschool education institutions; general education institutions; and preschool and general education institutions established by foreign diplomatic missions or intergovernmental international organizations.

2. Within 20 working days after receiving a complete dossier as prescribed in Article 46 of this Decree, the receiving agency shall assume the responsibility for, and coordinate with related agencies and units in, appraising the required conditions, and submit the dossier to a competent authority for consideration and decision to permit education activities, made according to Form No. 17 in the Appendix to this Decree.

If finding the dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly or by post to the investor.

In case the education institution fails to satisfy the conditions for education activities, within 5 working days after receiving the opinion from the competent authority, the dossier-receiving agency shall issue a written reply clearly stating the reason to the investor.

Article 49. Modification of decisions permitting education activities

1. Persons who have the competence to permit education activities also have the competence to decide on modification of education activities.

2. In case a foreign-invested education institution or a branch of a foreign-invested higher education institution wishes to have the contents of the decision permitting their education activities modified, it shall prepare a dossier comprising a written request specifying contents to be modified and reasons for the modification and the papers specified in Clauses 2, 3, 4 and 5, Article 46 of this Decree.

3. Within 20 working days after receiving a complete dossier prescribed in Clause 1 of this Article, the receiving agency shall appraise it under regulations and submit it to the competent authority prescribed in Article 47 for consideration and decision.

If finding a dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the investor.

In case a higher education institution does not fully satisfy the conditions for modification of the decision permitting its education activities, within 5 working days after receiving the opinion from the competent authority, the dossier-receiving agency shall send a written reply clearly stating the reason.

Section 8. SUSPENSION OF OPERATION, DISSOLUTION, TERMINATION OF OPERATION OF FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 50. Suspension of operation of foreign-invested education institutions

1. Persons who have the competence to permit education activities also have the competence to suspend them.

2. The operation of a foreign-invested education institution shall be suspended in the following cases:

a/ It commits fraud in order to be established or obtain the permission for its establishment or education activities;

b/ It fails to satisfy one of the conditions specified in this Decree to obtain permission for education activities;

c/ The permission for its education activities was granted ultra vires;

d/ It violates the education law and is subject to the administrative sanction of suspension of operation;

dd/ Other cases as prescribed by law.

3. The decision suspending education activities must clearly state the reason for such suspension, the suspension period, and measures to ensure the interests of learners, teachers, managers and employees of the institution or branch, and shall be published in the mass media.

4. A foreign-invested education institution or a branch of a foreign-invested higher education institution may resume its operation once it has remedied the violation that leads to the suspension.

5. A dossier of request for permission for resumption of education activities must comprise:

a/ A written request for permission for resumption of education activities, specifying the result of remedying the violation that leads to the suspension;

b/ The decision forming an inspection team;

c/ The written inspection record.

6. Persons who have the competence to suspend education activities also have the competence to permit the resumption of education activities.

7. Within 20 working days after receiving a dossier of request for permission for resumption of education activities, the receiving agency shall assume the prime responsibility for, and coordinate with related agencies and units in, appraising it, and submit it to a competent authority for consideration and decision.

If finding the dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the investor.

If the education institution does not fully meet the conditions for resuming its operation, within 5 working days after receiving the written opinion from the competent authority, the dossier-receiving agency shall send a written reply clearly stating the reason to the investor.

Article 51. Dissolution and termination of operation of foreign-invested education institutions

1. Persons who have the competence to approve the establishment of preschool education institutions, general education institutions, higher education institutions and branches of foreign-invested higher education institutions also have the competence to dissolve these institutions. Persons who have the competence to permit the operation of foreign-invested short-term training institutions also have the competence to terminate the operation of these institutions.

2. Preschool education institutions, general education institutions, higher education institutions or branches of foreign-invested higher education institutions shall be dissolved and the operation of foreign-invested short-term training institutions shall be terminated in the following cases:

a/ There is a request therefor from the founder of the foreign-invested education institution or branch of the foreign-invested higher education institution;

b/ The institution or branch commits a serious illegal act or violates regulations on its management, organization and operation;

c/ The period of suspension stated in the decision suspending its education activities has expired but the institution or branch cannot remedy the violation leading to the suspension;

d/ The targets and operation contents specified in the decision approving the establishment or operation are no longer suitable to the national social-economic development requirements;

dd/ The institution or branch has improperly realized the commitments specified in the approved scheme after 5 years since its establishment decision or decision approving its establishment took effect.

3. A dossier of request for dissolution or termination of the operation of a foreign-invested education institution must comprise:

a/ A written request for dissolution or termination of the operation of the education institution;

b/ A plan on dissolution or termination of the operation of the foreign-invested education institution, specifying measures to ensure lawful benefits of learners, teachers, managers and employees; a plan for solving financial and property problems.

4. Procedures for dissolving, or terminating the operation of, foreign-invested education institutions are prescribed as follows:

a/ For dissolution of higher education institutions, branches of foreign-invested higher education institutions, and preschool education institutions and general education institutions established by foreign diplomatic missions and intergovernmental international organizations, the investor shall send 1 set of dossier of request directly or by post to the Ministry of Education and Training;

b/ For termination of operation of short-term training institutions or dissolution of preschool education institutions and general education institutions, except the case specified at Point a, Clause 4 of this Article, the investor shall send 1 set of dossier of request directly or by post to the provincial-level Department of Education and Training;

c/ Within 30 working days after receiving a complete dossier, the receiving agency shall assume the prime responsibility for appraising it and send it to a competent authority for consideration and decision;

Within 5 working days after receiving the dossier, if it fails to satisfy the prescribed requirements, the receiving agency shall send a written notice thereof directly, by post or via email to the investor.

5. If the education institution commits one of the violations specified at Points b, c, d and dd, Clause 2 of this Article, the competent agency shall examine the violation, consider and make a decision or report the violation to a competent authority for consideration and decision.

6. The decision on dissolution or termination of the operation of an education institution must clearly state the reason for such dissolution or termination and measures to ensure lawful benefits of learners, teachers, managers and employees and shall be announced in the mass media.

Chapter IV. REPRESENTATIVE OFFICES OF FOREIGN EDUCATION ORGANIZATIONS OR INSTITUTIONS

Article 52. Functions, tasks and powers

1. A representative office of a foreign education organization or institution has the function to represent this organization or institution in Vietnam.

2. A representative office has the following tasks and powers:

a/ To contact and promote the cooperation between the education organization or institution it represents and Vietnamese education institutions via promoting the development of education cooperation programs and projects;

b/ To organize exchange activities, consultation, information sharing, seminars, and exhibitions on education aiming to introduce the foreign education organization or institution it represents;

c/ To expedite and supervise the implementation of education cooperation agreements signed with Vietnamese education institutions;

d/ To refrain from carrying out education activities that directly generate profits in Vietnam and establishing its branches in Vietnam;

dd/ Before November 30 every year, to send a written report on its operation to the provincial-level Department of Education and Training of the place where it is located and to the Ministry of Education and Training; and concurrently to provide information and documents about issues as requested by competent Vietnamese agencies. The report shall be submitted online and in writing;

e/ To fulfill other obligations as prescribed by law.

Article 53. Conditions for foreign education organizations and institutions to establish representative offices in Vietnam

1. Having the legal person status.

2. Having been operating for at least 5 years in the home country; and having had its educational quality accredited or recognized by a competent agency.

3. Having clear charter, principles and targets of operation.

4. Having a regulation on organization and operation of the representative office expected to be established in Vietnam that conforms to Vietnam’s law.

5. Having a lawful location for the representative office ensuring security, order and occupational safety and health requirements as prescribed by law.

Article 54. Dossier of request for approval of establishment

1. A dossier of request for approval of the establishment of a Vietnam-based representative office of a foreign education organization or institution must comprise:

a/ A written request for approval of the establishment of a representative office, made according to Form No. 18 in the Appendix to this Decree;

b/ A document proving the legal status of the foreign education organization or institution; a certified true copy or a copy enclosed with the original of its operation charter; an educational quality accreditation certificate of the foreign education organization or institution, or an educational quality recognition certificate granted by a competent agency; a summary report on the formation and development of the foreign education organization or institution;

c/ A draft regulation on the organization and operation of the representative office;

d/ A letter introducing the expected chief of the representative office and his/her resume.

2. The certificates granted by a foreign competent agency shall be consularly legalized at the Ministry of Foreign Affairs of Vietnam or at a diplomatic mission, consular office or a Vietnamese agency authorized to perform consular work in a foreign country, unless otherwise prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 55. Naming of representative offices of foreign education organizations or institutions

The name of a representative office must comprise components arranged in the following order: “Representative office”, “Name of the foreign education or organization or institution” and “in Vietnam”.

Article 56. Operation period

The operation period of a representative office must not exceed 5 years from the date of grant of its establishment license, which may be extended, with each extension not exceeding 5 years.

Article 57. Competence related to the establishment and operation of representative offices

The Minister of Education and Training shall grant, extend and modify decisions approving the establishment of representative offices of foreign education organizations or institutions in Vietnam.

Article 58. Procedures for approving the establishment

1. A foreign education organization or institution that requests approval of establishment of a representative office in Vietnam shall send 1 set of dossier directly or by post to the Ministry of Education and Training.

2. Within 30 working days after receiving a complete dossier as prescribed, the Ministry of Education and Training shall appraise it, consider and permit the establishment of a representative office, made according to Form No. 19 in the Appendix to this Decree. If rejecting the establishment, the receiving agency shall issue a written reply clearly stating the reason.

3. If finding a dossier not fully comprising the papers specified in Article 54 of this Decree, within 5 working days, the Ministry of Education and Training shall send a written notice thereof directly, by post or via email to the foreign education organization or institution.

Article 59. Operation registration

1. Within 20 working days after the decision permitting the establishment of a representative office takes effect, the education organization or institution that requests the permission shall register the operation of the representative office with the provincial-level Department of Education and Training of the place where the representative office is located.

2. A dossier for registration of the operation of a representative office must comprise:

a/ A written request for registration of the operation of a representative office, made according to Form No. 20 in the Appendix to this Decree;

b/ A certified true copy or a copy enclosed with the original of the decision permitting the establishment of the representative office, and copies of papers in the dossier of request for permission for the establishment of such representative office already submitted to the Ministry of Education and Training;

c/ The decision appointing the chief of the representative office and his/her resume;

d/ The staff of the representative office and their resumes;

dd/ Specific location of the representative office and relevant legal documents.

3. Within 10 working days after receiving the dossier for registration of the operation of a representative office, the director of the provincial-level Department of Education and Training shall consider and decide to grant an operation registration certificate, made according to Form No. 21 in the Appendix to this Decree, and publicly announce the registration on its website. If refusing to grant an operation registration certificate, the dossier-receiving agency shall issue a written reply clearly stating the reason.

4. If finding a dossier not fully comprising the papers specified in Clause 2 of this Article, within 5 working days, the receiving agency shall send a written notice thereof directly, by post or via email to the concerned foreign education organization or institution.

Article 60. Modification and extension of establishment permission decisions

1. A foreign education organization or institution shall register for modification or extension of the decision permitting the establishment of its representative office in the following cases:

a/ Changing the name, the head or the location of the head office of the foreign education organization or institution within the country where it is established;

b/ Changing the name, the head or the location of the representative office in Vietnam;

c/ The operation period specified in the decision permitting the establishment of the representative office expires.

2. Persons who have the competence to permit the establishment of representative offices also have the competence to permit modification and extension of the establishment permission decisions.

3. The procedures for extension of a decision permitting the establishment of a representative office shall be carried out at least 6 months before the decision expires.

4. A dossier of request for modification or extension of a decision permitting the establishment of a representative office must comprise:

a/ A written request of the foreign education organization or institution clearly stating the reason for the modification or extension of the decision permitting the establishment of the representative office;

b/ The original or a copy of the decision permitting the establishment of the representative office;

c/ The original or a copy of the operation registration certificate of the representative office if its operation has been registered;

d/ A detailed report on the operation of the representative office.

5. Within 20 working days after receiving a complete dossier, the competent authority shall consider and decide to permit the modification or extension of the decision permitting the establishment of the representative office. If rejecting the modification or extension, the dossier-receiving agency shall issue a written reply clearly stating the reason.

6. If finding a dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the concerned education organization or institution.

Article 61. Termination of operation of representative offices

1. Persons who have the competence to approve the establishment of Vietnam-based representative offices of foreign education organizations or institutions also have the competence to terminate the operation of such representative offices.

2. The operation of a representative office of a foreign education organization or institution shall be terminated in the following cases:

a/ The operation period specified in the establishment approval decision expires;

b/ It is so requested by the foreign education organization or institution;

c/ The representative office does not operate within 6 months after the first decision permitting its establishment is issued or within 3 months after the decision is extended;

d/ Forgery is detected in the dossier of request for permission for the establishment of the representative office;

dd/ The representative office engages in activities in contravention of the decision permitting its establishment;

e/ The representative office violates other laws of Vietnam.

3. Dossier and procedures for requesting the termination of operation of a representative office

a/ A written request for permission for termination of the operation of a representative office, clearly stating the reason for the termination;

b/ A detailed plan on termination of the operation, clearly stating measures to ensure lawful benefits of its employees; a plan on solving financial and property problems;

c/ Within 20 working days after receiving a dossier of request for termination of the operation of a representative office, the receiving agency shall consider and make a decision. If finding the dossier incomplete, within 5 working days after receiving it, the receiving agency shall send a written notice thereof directly, by post or via email to the education organization or institution.

4. If the operation of a representative office is terminated under Point c, d, dd, or e, Clause 2 of this Article, the competent agency shall consider and decide to terminate the operation of the representative office.

5. The decision terminating the operation of a representative office must clearly state the reason for the termination and measures to ensure lawful rights and benefits of its employees, and shall be publicly announced in the mass media.

Chapter V. ORGANIZATION OF IMPLEMENTATION

Article 62. Responsibilities of the Ministry of Education and Training

1. To organize inspection, supervision and assessment of results, the settlement of complaints and denunciations, commendation, and handling of violations of foreign cooperation and investment in education.

2. To report on foreign cooperation and investment in education to the Prime Minister.

Article 63. Responsibilities of the Ministry of Planning and Investment

To coordinate with the Ministry of Education and Training in performing the state management of foreign cooperation and investment in education.

Article 64. Responsibilities of ministries, ministerial-level agencies and governmental-attached agencies

Within the ambit of their respective tasks and powers, to manage, and coordinate with the Ministry of Education and Training and Ministry of Planning and Investment in managing, foreign cooperation and investment in education.

Article 65. Responsibilities of provincial-level People’s Committees

1. Within the ambit of their duties and powers, to manage foreign cooperation and investment in education within their localities.

2. To make statistics and annual reports on foreign cooperation and investment in education and send them to the Ministry of Education and Training and Ministry of Planning and Investment before November 30 every year.

Chapter VI. IMPLEMENTATION PROVISIONS

Article 66. Transitional provisions

1. In addition to the provisions on conditions, dossiers and procedures for establishment; education activities; suspension and termination of education activities, and dissolution, education institutions and branches of foreign-invested higher education institutions shall comply with other relevant provisions of the Law on Education, Law on Higher Education and Law on Investment, and guiding documents.

2. For the joint training with foreign partners and joint organization of examinations to grant foreign certificates of foreign-language proficiency which have been approved before this Decree takes effect, it is not required to request approval again.

3. For foreign-invested education institutions, branches of foreign-invested higher education institutions and representative offices of foreign education organizations or institutions which have been permitted for establishment or permitted to carry out education activities before this Decree takes effect, they are not required to request for permission for operation again.

4. For the institutions that have requested permission for joint training with foreign partners, and foreign-invested education institutions, branches of foreign-invested higher education institutions, and representative offices of foreign education organizations or institutions which have already submitted dossiers of request for approval of their establishment and operation before this Decree takes effect, they are not required to submit additional documents as prescribed in this Decree.

5. For the schemes on establishment of foreign-invested universities which have obtained the Prime Minister’s investment policy decisions before this Decree takes effect, which remain in the permitted period, the provisions in Clause 4, Article 35 of this Decree are not required to be complied with.

Article 67. Effect and implementation responsibility

1. This Decree takes effect on August 1, 2018, and replaces the Government’s Decree No. 73/2012 /ND-CP of September 26, 2012, on foreign cooperation and investment in education, and Decree No. 124/2014/ND-CP of December 29, 2014, amending Clause 6, Article 31 of Decree No. 73/2012 /ND-CP.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.