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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Freedom – Independence - Happiness
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No. 86/2018/ND-CP
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Hanoi, June 06, 2018
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DECREE
ON FOREIGN COOPERATION AND INVESTMENT IN EDUCATION
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on
Education dated June 14, 2005; the Law on amending and supplementing a number
of articles of the Law on Education dated November 25, 2009;
Pursuant to the Law on
Higher Education dated June 18, 2012;
Pursuant to the Law on
Investment dated November 26, 2014; the Law on amending and supplementing
Article 6 and Appendix 4 on the List of sectors and trades subject to conditional
business investment of the Law on Investment dated November 22, 2016;
Pursuant to the Law on
Enterprises dated November 26, 2014;
At the request of the
Minister of Education and Training;
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Chapter
I
GENERAL
PROVISIONS
Article
1. Scope and regulated entities
1. This Decree provides
regulations on foreign cooperation and investment in education including: joint
education and training with foreign partners, foreign-invested educational
institutions; representative offices of foreign education institutions in
Vietnam.
2. This Decree shall be
applicable to Vietnamese organizations and individuals, international
organizations, and foreign organizations and individuals who cooperate and
invest in education and training in Vietnam.
3. This Decree shall not
be applicable to foreign partners and investors who cooperate and invest in
vocational education in Vietnam.
Article
2. Definitions
For the purpose of
this Decree, the following terms are construed as follows:
1. “Foreign-invested
educational institutions” refer to institutions financed by foreign invested
business entities which operate in accordance with the laws of Vietnam and are
allowed to use their own seals and accounts.
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3. “Integrated education
program” means a Vietnamese education program that is integrated with a foreign
education program but still ensures its own objectives and avoids duplicated
contents and knowledge.
4. “Joint education”
means a form of cooperation between a Vietnamese pre-school or compulsory
educational institution and a foreign educational institution in order to
deliver an integrated education program.
5. “Joint training” means
a form of cooperation between a Vietnamese higher educational institution and a
foreign higher educational institution in order to deliver a training program
leading to issuance of degrees or certificates without establishing a legal
entity.
6. “A branch campus of a
foreign-invested educational institution in Vietnam” means a unit within that
institution’s organizational structure and also under its management.
7. “A representative
office” means an affiliated unit of a foreign education establishing and
operating in Vietnam to promote and develop cooperation and investment in
education according to Vietnam’s laws.
Article
3. Education sectors permitted for cooperation and investment
1. Foreign organizations
and individuals, and international organizations (hereinafter referred to as
foreign entities) are permitted to cooperate and invest in education according
to Vietnam’s laws and the International Agreements to which Vietnam is a
signatory.
2. Foreign entities are
permitted to cooperate and invest in training disciplines according to the
current regulations except in national security and defense, politics and
religions.
Article
4. Quality assurance and accreditation
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2. The educational
institutions that are engaged in joint education and training with foreign
partners and the foreign-invested educational institutions in Vietnam shall
carry out accreditation in accordance with the current regulations of Vietnam.
Article
5. Finance for foreign cooperation and investment
1. The educational institutions that are engaged in joint
education and training with foreign partners, the foreign-invested educational
institutions and the representative offices shall comply with Vietnam's current
regulations on finance, accounting, audit and taxation.
2. A foreign investor
shall be permitted to contribute capital to and to purchase shares and stakes
from a Vietnamese educational institution and a foreign-invested business
entity that establishes an educational institution in Vietnam. The procedures
for contributing capital to and to purchase shares and stakes shall be
completed in accordance with the Law on Investment.
Chapter
II
JOINT
EDUCATION AND TRAINING WITH FOREIGN PARTNERS
Section
1: Joint education
Article
6. Entities eligible for engaging in joint education
Private pre-school
educational institutions and private compulsory educational institutions in
Vietnam, and legal educational institutions in foreign countries that are
accredited by education quality assessment organizations or foreign competent
agencies.
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1. Education programs.
a. A foreign education
program which is introduced in the integrated program shall be accredited by
the home country or by an educational competent agency of the aforesaid
country.
b. The integrated
education program shall ensure the objectives of the Vietnamese education
program and still satisfy the requirements of the foreign education program;
learners shall not be forced to study the same contents again, and the
integrated program shall ensure its consistency throughout the class level and
the connection between levels for the benefit of students; the aforesaid
program shall also ensure that students are allowed for volunteer participation
and shall not overwhelm them.
c. An integrated
education program shall be approved by a competent agency. The Minister of
Education and Training provides specific provisions for the integration between
Vietnamese education programs and foreign education programs.
2. The size of class and
the facilities shall satisfy the requirements of the integrated program and
shall not affect the teaching activities of the Vietnamese educational
institution during the cooperation process.
3. Teaching staff
a. A Vietnamese teacher
assigned to teach an integrated education program shall satisfy the training
requirements according to the regulations of Vietnam’s laws.
b. A foreign teacher
assigned to teach an integrated program shall have a bachelor’s degree
corresponding to his/her teaching majors and shall also have a teacher
certificate or equivalent.
c. A teacher assigned to
teach an integrated education program in a foreign language shall satisfy the
language proficiency requirements of the program; and his/her ability shall not
be below level 5 according to Vietnam's language proficiency framework or
equivalent.
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1. The assessment of
students’ performance; examination, certification of completion in education
program, and certification of graduation shall be carried out in accordance
with Vietnam's laws and with the laws of the home country providing the
education program.
2. A learner who completes
a high school integrated program shall be issued with both Vietnamese and
foreign diplomas.
Article
9. Application documents for approval for integrated education program and for
joint education
1. Application documents
for approval for joint education shall include:
a. An application form
for approval for joint education with a foreign partner, signed by both parties
using form No.01 in the Appendix hereto.
b. An agreement or a
cooperation contract signed by both parties, in which there is specific
information about both parties and their responsibilities for the information
provided in the agreement/contract on the program, learning and teaching
materials, teachers, facilities, examination, assessment, certificates, finance
and other related information.
c. Documents proving the
legal status of both parties include: a certified true copy or a copy enclosed
with an original of the decision on establishment or the establishment license
granted to the educational institution; or other equivalent documents.
d. Contents and subjects
of the foreign education program introduced in the integrated program and in
the integrated program expected to be carried out.
dd. Descriptions of the
integrated education program.
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g. The project of joint
education developed by both parties using the form No. 02 in the Appendix
hereto, including the following contents: The necessity; the introduction of
both parties; the contents of the integrated program; facilities and equipment;
a list of teachers enclosed with their resumes; the enrollment candidates and
criteria and scale; the qualifications to be issued, the equivalence between
the foreign qualifications and Vietnam’s qualifications (if any); the methods
for protecting benefits of learners and employees; the persons in charge of the
joint program, the resumes of the representatives of Vietnamese educational
institutions and of foreign educational institutions participating in managing
the program; the tuition fees; the financial aids provided by foreign and
Vietnamese individuals and organizations (if any); the budget estimates; the
financial management mechanism; the responsibilities and entitlements of
teachers and students.
2. Application documents
for approval for the integrated education program:
a. An application form
for approval for the integrated education program.
b. Contents and subjects
of the foreign education program introduced in the integrated education program
and in the integrated program expected to be carried out.
c. Descriptions of the
integrated education program.
d. A certificate of
accreditation or a certificate of approval for the foreign education program
from a competent agency (a certified true copy or a copy enclosed with an
original)
Article
10. The authority and procedures for approving joint education
1. The authority and
procedures for approving joint education with foreign partners:
a. The Director of the
Department of Education and Training has authority to approve the joint
education with foreign partners.
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c. Within 10 working days
from the date on which the complete application documents stipulated in Clause
1, Article 9 hereof are received, the receiving agency shall appraise the
documents and forward them to the Minister of Education and Training to approve
the integrated program in accordance with point c, Clause 1, Article 7 hereof.
d. If the submitted
application is incomplete, within 05 working days from the date on which the
complete application documents are received, the Department of Education and
Training shall send a written notification in person or by post or via email to
both parties.
dd. Within 05 working
days from the date on which the Ministry of education and training’s appraisal
result regarding the integrated education program is received, the Department
of Education and Training shall make a decision to approve the joint education
(hereinafter referred to as Approval Decision) using form No. 03 in the
Appendix hereto. If the application is refused,
the Department of Education and Training shall provide explanation in writing.
2. The authority and
procedures for approving the integrated education program.
a. The Minister of
Education and Training has authority to approve the integrated education
program.
b. The Department of
Education and Training shall send 01 set of application documents in person or
by post to the Ministry of Education and Training.
c. Within 20 working days
from the date on which the application documents stipulated in Clause 2,
Article 9 hereof are received, the Ministry of Education and Training shall
appraise the integrated education program and send a written notice of the
processing result to the Department of Education and Training.
d. If the submitted
documents are incomplete, within 05 working days from the date on which the
documents are received, the Ministry of Education and Training shall send a
written notification in person or by post or via email to the Department of
Education and Training.
Article
11. Period of joint education
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Article
12. Extension or modification to the Approval Decision
1. The procedures for
extending the period of joint education shall be completed within 06 months
prior to the expiration date.
2. Conditions for
extension:
a. Both parties shall
comply with the regulations stipulated in the Approval Decision.
b. Both parties have not
violated the Vietnam's and foreign laws.
3. Application documents
for extension of or modification to the Decision:
a. An application form
for extension of or modifications to the Approval Decision signed by both
parties, using form No. 04 in the Appendix hereto.
b. A final report on the
operation of joint education program within the licensed period.
c. An agreement or a
cooperation contract which is signed by both parties and is still effective;
its contents shall include the specific information stipulated in point b,
Clause 1, Article 9 hereof.
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a. The person who is
authorized to approve the joint education proposal shall also have the
authority to grant the extension or modifications to the Decision.
b. Both parties shall
send 01 set of application documents in person or by post to the competent
authority stipulated in point a of this clause.
c. Within 05 working days
from the date on which the application documents are received, if they are
deemed incomplete according to clause 3 of this Article, the receiving agency
shall send a written notification in person or by post or via email to both
parties.
d. Within 10 working days
from the date on which the application documents are received, the receiving
agency shall appraise the aforesaid documents, consider granting the extension
of or modifications to the decision to approve joint education (hereinafter referred
to as Extension Decision or Modification Decision); if the Approval Decision
cannot be extended or modified, then the Director of Education and Training
shall provide explanation in writing.
In case where the
integrated education program is modified along with the joint educational
activities, the procedures specified in Article 10 hereof shall be carried out.
Article
13. Suspending enrollment or terminating joint educational program
1. The enrollment for the
joint education program shall be suspended if the school carrying out the
aforesaid program does not satisfy one of the requirements stipulated in
Article 7 hereof.
2. Responsibilities of
both parties when the enrollment is suspended:
a. Eliminate the
violations that lead to suspension of enrollment.
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c. Notify the competent
person who approves the joint education program of the result of eliminating
the violations in order to gain a permit for resuming its operation.
3. The joint educational
program shall be terminated in the following cases:
a. The period specified
in the Approval Decision or Extension Decision or Modification Decision
expires.
b. At the request of both
parties.
c. The period of enrollment
suspension has expired but the violations resulting in the suspension have not
been eliminated.
d. Violating the
regulations of the Approval Decision or Extension Decision or Modification
Decision to a degree that the program must be terminated according to the laws.
4. Responsibilities of
both parties when the joint education program is terminated before the
expiration date.
a. Ensure that the
students participating in the integrated program can continue to study until
they finish the school level.
b. Refund the fees that
the students paid for the school if the joint education program is terminated.
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d. Settle the tax debts
(if any) and other debts.
5. Application documents,
procedures and authority to terminate the joint educational program.
a. The person who is
authorized to approve the joint education program shall also have authority to
terminate the aforesaid program.
b. The application
documents for termination of joint educational program shall include: An
application form for termination of the joint educational program using form
No.05 in the Appendix hereto. The applicant shall provide explanation about the
reasons for request, plans for terminating the program and other measures for
protecting the legal benefits of the learners and employees; and shall also provide
the plans for solving financial and property problems.
c. The application for
termination of joint educational program shall be sent in person or by post to
the competent agency stipulated in Article 10 hereof.
d. Within 15 working days
from the date on which the application documents are received, the receiving
agency shall appraise the aforesaid documents, decide to terminate the program
and announce the termination via mass media means; if the program has not been
terminated yet, the Director of the Department of Education and Training shall
provide explanation in writing for both parties.
dd. In case where the
joint educational program falls under any termination case as prescribed in
point c and d, clause 3 of this Article, the competent agency shall consider
terminating the program.
Article
14. Responsibilities of both parties
1. Adhere to the Approval
Decision or Extension Decision or Modification Decision.
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3. Take full
responsibility for the legitimacy of the foreign qualifications issued to
students.
4. Fulfill other
obligations in accordance with the laws.
5. Follow the reporting
regime:
a. Both parties shall
send an annual report on the progress of carrying out joint education program
to the Department of Education and Training before October 31 every year.
b. The report shall
include the following main contents: The adherence to the Approval Decision or
Extension Decision or Modification Decision, the organization structure, the
teachers and lecturers, the number of enrolled students, the organization of
teaching and learning, the students’ academic performance, the number of
graduated students, the graduation rates, the issued certificates, the
financial statements, the difficulties and advantages during the process of
implementation, suggestion and proposal.
c. The Department of
Education and Training shall make a general review report based on the reports
submitted by both parties and send it to the Ministry of Education and Training
before November 30 every year.
d. The report shall be
submitted online and in writing.
Section
2. JOINT TRAINING AT BACHELOR’S, MASTER’S AND DOCTORATE LEVELS AND EXAMINATION
FOR ISSUANCE OF CERTIFICATES OF FOREIGN LANGUAGE PROFICIENCY
Article
15. Eligible institutions and forms of joint training
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a. The higher educational
institutions legally established and lawfully operating in Vietnam, of which
the education quality has been accredited.
b. The higher educational
institutions legally established and lawfully operating in foreign countries;
which have been recognized by foreign accreditation organizations or foreign
competent agencies, and recognized by Vietnam's competent authorities.
2. The institutions or organizations
allowed to jointly administer exams and issue certificates of foreign language
proficiency:
a. Educational or
training institutions or organizations that are legally established and operate
in Vietnam.
b. Agencies and
organizations assessing language proficiency and are legally established and
operate in foreign countries.
3. Permitted forms of
joint training:
a. Direct joint training
program.
b. Online joint training
program.
c. Combination of both
direct and online joint training programs.
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Article
16. Range, scale and enrollment, and the language taught in the joint training
programs
1. Range of joint
training:
a. The higher educational
institutions stipulated in point a, clause 1, Article 15 hereof are only
permitted to provide joint training programs within the range of training
majors and levels allowed by Vietnam's competent authorities.
b. The higher educational
institutions stipulated in point b, clause 1, Article 15 hereof are only permitted
to provide joint training programs within the disciplines and levels allowed by
Vietnam’s competent authorities.
2. The joint training
scale shall be determined based on the quality assurance conditions of the
programs: facilities, equipment, laboratories, libraries, teaching staff and
managers. The aforesaid conditions shall be different from the conditions used
for calculating the enrollment quota of the educational institution. In case where both parties have the same quality
assurance conditions, then the scale of joint training programs shall be
included in the annual total enrollment scale of the educational institution. The
Vietnamese educational institutions and the foreign educational institutions
shall specify the scale of joint training in the application for approval for
joint training program, and submit the aforesaid application to the competent
authorities stipulated in Article 22 hereof for approval.
3. An enrollment
candidate for joint training programs shall satisfy the following requirements:
a. If the candidate is
going to receive a Vietnamese higher education degree, he/she shall satisfy the
enrollment conditions for bachelor’s, master’s and doctorate levels according
to the laws of Vietnam.
b. If the candidate is
going to receive a foreign higher education degree, he/she shall satisfy the
enrollment conditions for bachelor’s, master's and doctorate levels of the
aforesaid institution corresponding to the enrollment conditions stipulated in
the laws of the home country where the institution is established.
c. If the candidate is
going to receive both Vietnamese and foreign HEI degrees, he/she shall satisfy
the requirements stipulated in point a and b of this clause.
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dd. Depending on the
demand from students, the associated educational institutions shall provide
courses in foreign languages to help their students reach the levels stipulated
in point d of this clause before starting the official programs.
4. The subjects in the
joint training program that are designed to issue foreign certificates shall be
taught in foreign languages, neither in Vietnamese nor through a translator.
The subjects in the joint training program that are designed to issue
Vietnamese certificates shall be taught in Vietnamese or through a translator.
Article
17. The joint training program
1. A joint training
program may correspond to the foreign training program or may be developed by
both parties; the aforesaid program may be either completely carried out in
Vietnam or partially carried out both in Vietnam and in a foreign country; It
may be designed to issue either foreign qualifications or both Vietnamese and
foreign qualifications.
2. A foreign training
program carried out in Vietnam shall be accredited by the home country or
recognized by the competent agency of the aforesaid country; the aforesaid
program shall not damage the national security and public interests; shall not
spread religion, distort history or negatively affect the cultures, ethics and
traditional customs of Vietnam; and shall ensure the connection between the
levels.
3. The program outcome
standards of the joint training programs with foreign countries shall not be
lower than those stipulated in the regulations of Vietnam’s laws.
Article
18. Facilities, equipment and locations
1. As for joint training:
a. Facilities and
equipment used in a joint training program shall satisfy the requirements of
the disciplines being taught, without affecting the general training of the
Vietnamese educational 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 program shall be 05m2 per student.
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c. The joint training
program shall not be provided outside the Vietnamese educational institution’s
head office, where the aforesaid program is permitted to be provided.
2. As for the test administration
carried out to issue foreign certificates of language proficiency:
The locations,
facilities, equipment and staff serving the joint test administration shall
satisfy the quality assurance conditions for the administration.
Article
19. Teaching staff
1. Lecturers’
qualifications.
a. As for the joint
training program at bachelor’s level, the lecturer shall possess at least a
master's degrees or higher in the discipline group being taught.
b. As for the joint training
program at master’s level, the lecturer who teaches the subjects and modules,
and guides master's theses shall possess at least a doctorate degree in the
discipline group being taught; the lecturer who guides the practice and
internship shall possess at least a master's degree in the major that they
participate in to guide the practice and internship.
c. As for the joint
training program at doctorate level, the lecturer shall process at least a
doctorate degree in a discipline group suitable for the assigned subject in the
doctorate course. The person who guides researchers shall satisfy the
requirements for guiding researchers who participate in a Vietnam’s doctorate
training program.
2. The lecturer who
teaches the subjects in joint training program shall have experience in
teaching higher education courses corresponding to his/her own majors, except
the cases stipulated in clause 4 of this Article.
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4. A native speaker who
teaches language skills shall possess a bachelor’s degree or higher and a
suitable foreign language teaching certificate.
Article
20. Examinations, assessment, graduation recognition and issuance of
qualifications
1. The examinations,
assessment and certificates of completion of subjects and training programs,
and graduation recognition shall comply with Vietnam’s laws when issuing
Vietnam’s qualifications, or comply with foreign laws when issuing foreign
qualifications.
2. Qualifications issued
to learners who participate in joint training programs or study at foreign-invested
educational institutions, shall satisfy the following requirements:
a. A certificate that is
issued by a Vietnamese educational institution shall comply with the
regulations of Vietnam's laws.
b. A certificate issued
by a foreign educational institution shall comply with the home country’s laws
and shall be approved by a Vietnamese competent agency.
c. In case where the
certificates are issued by both Vietnamese educational institution and foreign
educational institution, it shall comply with the regulations stipulated in
point a and b of this clause.
3. The examinations being
taken and the assessment of academic performance of learners who take online
courses shall be carried out on the premises at the joint training educational
institution in Vietnam.
4. The certificate of
foreign language proficiency issued by a foreign institution shall be legally
recognized by the home country and shall be used worldwide.
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1. As for joint training:
a. A written application
form for approval for joint training program with a foreign partner, signed by
both parties using form No.06 in the Appendix hereto.
b. An agreement or a
cooperation contract between two parties, in which there is specific
information about both parties and responsibilities taken by both parties for
the provided information about the program, studying and teaching materials,
lecturers, facilities, examination, assessment, qualifications, financial
information and other related information.
c. The documents proving
the legal status of both parties including: A certified true copy or a copy
enclosed with an original of the decision on approving the establishment of the
educational institution, or other equivalent.
d. The documents proving
that both Vietnamese educational institution and foreign educational
institution are permitted to provide training in the expected sector. (a
certified true copy or a copy enclosed with an original).
dd. A certificate of
accreditation for foreign training program or documents on recognition of the
education quality from a competent agency (a certified true copy or a copy
enclosed with an original)
e. A written approval for
the joint training program conducted with a foreign partner from the superior
body, which is applicable to Vietnamese educational institution (if any)
g. The project of joint
training conducted with a foreign partner which is developed by both partners
using form No.7 in the Appendix hereto, shall include the following contents:
The necessity; the objectives of the joint training program; the introduction
of both parties; the contents of joint training program; the discipline and
level of training; the facilities, equipment and teaching contents; the list of
expected lecturers enclosed with their resumes; the enrollment candidates and
enrollment criteria; the training scale; the forms of examination and
assessment; qualifications expected to be issued; the equivalence between the
foreign certificates and Vietnam's certificates; the measures for maintaining
education quality and protecting benefits of learners and employees; the
management staff; the resumes of the representatives of the Vietnamese
educational institution and foreign educational institution that participate in
managing the program; the tuition rates and financial aids from Vietnam's and
foreign entities (if any); the budget estimates; the financial management
mechanism; responsibilities and entitlements of both parties; responsibilities
and entitlements of teachers and learners.
2. As for the joint test
administration carried out to issue foreign certificates of language
proficiency, the application documents shall include:
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b. An agreement or a
cooperation contract between the Vietnamese test center and the foreign-owned
test center.
c. A written document
proving the legal status of both parties.
d. The plan for
administering tests to issue foreign certificates of language proficiency shall
be written in form No. 09 in the Appendix hereto, in which there is information
about: the value and scope of use of foreign language certificates, the proofs
of quality assurance for administering tests, the locations for administering
tests, the forms of joint test administration, responsibilities of both
parties, the testing fees and other fees, collection and payment mechanism and
financial management mechanism, entitlements and responsibilities of the
examinees, and other related information.
Article
22. The authority to make approval
1. The Minister of Education
and Training has authority to approve the joint test administration aiming to
issue foreign certificates of language proficiency, the joint training program
at bachelor’s, master's and doctorate levels carried out in the forms
stipulated in clause 3, Article 15 hereof, except the cases stipulated in
clause 2 of this Article.
2. The directors of
national universities and regional universities, and the heads of educational
institutions operating with autonomy mechanism have authority to approve the
direct joint training programs at bachelor’s, master's and doctorate levels
provided at their institutions.
3. The principals
(directors) of the Vietnamese educational institutions shall approve the joint
training program provided to issue certificates other than foreign certificates
of language proficiency and certificates of training to be converted to number
of credits or modules as basis for award of degrees.
Article
23. Procedures for approval for joint training program and joint test
administration which is carried out to issue foreign certificates of language
proficiency
1. As for joint training
program
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b. Within 20 working days
from the date on which the complete documents are received, the receiving
agency shall appraise the aforesaid documents and promulgate the decision on
approving the joint training program conducted with a foreign partner, using
form No.10 in the appendix hereto.
c. In case where the
application documents are deemed incomplete, within 05 working days from the
date on which the aforesaid documents are received, the receiving agency shall
send a written notification in person or by post or via email to the applicant.
2. As for the joint test
administration carried out to issue foreign certificates of language
proficiency.
a. Both institutions that
provide tests with the aim to issue foreign certificates of language
proficiency shall send 01 set of application documents stipulated in clause 2,
Article 21 hereof in person or by post to the Ministry of Education and
Training.
b. Within 20 working days
from the date on which the application is received, the Ministry of Education
and Training shall appraise the aforesaid application and send a written
notification in person or by post to both parties. .
c. In case where the
application documents are deemed incomplete, within 05 working days from the date
on which the documents are received, the Ministry of Education and Training
shall send a written notification in person or by post or via email to both
parties.
Article
24. Period of joint training and joint test administration
The period of joint training
program and of test administration carried out to issue foreign certificates of
language proficiency shall be no longer than 05 years from the date on which
the application is approved and may be extended; each extended period shall be
no more than 05 years but not exceeding the time limit specified in the
agreement or the cooperation contract signed by both parties.
Article
25. Extension or modifications to the Decision of joint training and test
administration proposals
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2. The procedures for
extending joint training program or joint test administration shall be
completed within 06 months prior to the expiration date of the approval
decision. The modification to the Approval Decision for joint training program
and joint test administration shall be done as requested by both parties.
3. Conditions for
extension of or modification to the Approval Decision for joint training:
a. Both parties shall
comply with the regulations of the Approval Decision.
b. They have not violated
the regulations of Vietnam’s and foreign laws.
c. The joint training
program shall continue to satisfy the conditions of accreditation.
4. Requirements for
extension of or modification to the approval decision for administering tests:
a. Both parties shall
comply with the regulations of the approval decision.
b. Both parties shall not
be suspected of cheating in administering tests.
5. Application documents
for extension or modification:
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b. A final report on the
operation of the joint training program and the joint test administration
within the permitted period.
c. An effective agreement
or an effective cooperation contract signed by both parties.
6. Authority and
procedures for approving the extension or modification:
a. The authority granting
Approval Decision shall also have authority to grant the Extension Decision or
Modification Decision.
b. Both parties shall
send 01 set of application documents stipulated in clause 5 of this Article in
person or by post to the competent agency stipulated in Article 22 hereof.
c. Within 10 working days
from the date on which the application documents are received, the receiving
agency shall appraise the documents and promulgate the Extension Decision or
Modification Decision.
d. In case where the
application documents are deemed incomplete, within 05 working days from the
date on which the aforesaid documents are received, the receiving agency shall
send a written notification in person or by post or via email to both parties.
Article
26. Suspension of enrollment or termination of cooperation in joint training
program and in joint test administration
1. The joint training
program enrollment shall be suspended if the aforesaid program does not satisfy
one of the requirements stipulated in Article 16, 17, 18, 19, and 20 hereof.
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a. Eliminate the
violations that lead to the suspension of enrollment.
b. Ensure that the
learners participating in the joint training program are allowed to continue
their study.
c. Notify the authorized
person who approves the joint training program of the result of eliminating the
violations that may lead to enrollment suspension in order to gain a permit for
resuming its operation.
3. Joint training program
shall be terminated in the following cases:
a. If the period, stipulated
in the Approval Decision, Extension Decision or Modification Decision regarding
the joint training program, expires.
b. At the request of both
parties.
c. If the period of
enrollment suspension has expired but the violations resulting in the suspension
have not been eliminated
d. If the parties violate
the regulations of the Approval Decision or Extension Decision or Modification
Decision regarding the joint training program to a degree that the program must
be terminated as prescribed by laws.
dd. If the joint training
program is terminated but the violations resulting in the suspension have not
been eliminated in order for the program to ensure the successful
implementation of the regulations stipulated in Article 16, 17, 18, 19 and 20
hereof.
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a. Contact the enrolled
students in order to transfer them to another educational institution as
prescribed by law.
b. Refund the fees that
the learners paid for the school if the joint training program and the
certificates are not recognized by the Ministry of Education and Training, or
if the aforesaid program is suspended or terminated but the learners are not
allowed to or do not want to transfer to another educational institution.
c. Pay the wages to or
provide other benefits for the teachers, lecturers and employees in accordance
with the labor contracts or the collective labor agreement signed with them.
d. Pay for the tax debts
(if any) and other debts.
5. The joint test
administration carried out to issue foreign certificates of language
proficiency shall be terminated in the following cases:
a. The joint test
administration is not permitted by the foreign test-administering institution
to continue carrying out in Vietnam.
b. Frauds are found in
application documents or test administration or issuance of foreign
certificates of language proficiency.
c. There are violations
of the regulations specified in the approval document for administering tests.
6. Responsibilities of
both parties in the case where the joint test administration is terminated:
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b. Refund the fees that
the test takers already paid for or other fees that may occur when the foreign
certificates of language proficiency are deemed not valuable or are not
recognized by a Vietnam's competent agency.
c. Fulfill their
obligations to their employees according to the laws.
d. Pay for the tax debts
(if any) or other debts.
7. Authority, application
documents and procedures for terminating the cooperation.
a. The person who
approves the cooperation shall also have authority to terminate it.
b. An application form using
form No. 12 in the Appendix hereto, in which there are specific reasons for
terminating the cooperation, and is enclosed with the terminating plan, with
measures for protecting the legal rights of the learners and employees, and
with the methods for solving financial and property problems.
c. The application
documents for termination shall be sent in person or by post to the competent
agency stipulated in Article 22 hereof.
d. Within 15 working days
from the date on which the application documents are received, the receiving
agency shall appraise the documents, make a decision to terminate the
cooperation and announce the aforesaid decision through mass media; if the
cooperation in joint training and in joint test administration is not
terminated, the authorized person stipulated in Article 22 hereof shall provide
explanation about this case in writing.
Article
27. Responsibilities of both parties and the reporting regime
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a. Provide sufficient and
clear information relating to the cooperation on their websites and shall take
full responsibility about the authenticity of the aforesaid information.
b. Adhere to the Approval
Decision.
c. Take full
responsibility about the legitimacy of the foreign qualifications issued to
learners.
d. Fulfill other
obligations in accordance with the laws.
2. Responsibilities of
both parties when carrying out joint test administration in order to issue
foreign certificates of language proficiency.
a. Provide sufficient and
clear information regarding the cooperation on their websites and take full
responsibility about the authenticity of the aforesaid information.
b. Comply with the
cooperation plan to ensure that the joint test administration is carried out in
accordance with the laws without suspicion of cheating.
c. Take full
responsibility about the legitimacy of the foreign certificates issued to
learners.
d. Fulfill other
obligations in accordance with the laws.
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a. Before October 31 every
year, both parties shall submit an annual report on the cooperation to the
competent agency for approval and to the agency in charge (if any).
b. The report shall
include the following contents: the implementation of the Approval Decision,
Extension Decision and Modification decision, the organizational structure, the
teachers and lectures, the number of enrolled students, the organization of
teaching and studying, the academic performance of undergraduate students and
graduate students, the number of graduated students, the graduation rates, the
number of issued qualifications, the financial report, the difficulties and
advantages occur during the process of implementation, suggestion and proposal.
c. The report shall be
written based on the reports about collective joint training from the units
that cooperate in joint training, national universities, local universities and
other educational institutions operating according to autonomy mechanism; the
aforesaid report shall be sent to the Ministry of Education and Training before
November 30 every year.
d. The report shall be
submitted online or in writing.
4. The reporting regime
regarding the joint test administration.
a. Before January 15
every year, both parties shall send an annual report on the cooperation in test
administration to the Ministry of Education and Training and the Department of
Education and Training of province, both within the locations where the test
administration takes place.
b. The report shall
include the following contents: The implementation of the cooperation plan, the
number of persons who register for the tests, the number of persons who have
already completed the tests, the financial report, the difficulties and
advantages during the process of implementation, suggestion and proposal.
c. The report shall be
submitted online or in writing.
Chapter
III
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Section
1: FORMS, PERIODS OF OPERATION, PROCEDURES FOR APPROVING ESTABLISHMENT, RIGHTS AND
OBLIGATIONS OF THE FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS
Article
28. Permissible forms of foreign-invested educational institutions
1. Short-term training
institutions
2. Pre-school educational
institutions.
3. Compulsory educational
institutions (elementary schools, middle schools, high schools, universal
schools).
4. Higher educational
institutions
5. Branch campuses of
foreign-invested higher education institutions in Vietnam.
Article
29. Naming foreign-invested educational institutions
1. The Foreign-invested
educational institutions shall be established and operate in forms of schools
and centers and shall be named as follows:
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b. As for short-term
training institutions, their names shall follow this order: "Trung tâm giáo
dục hoặc đào tạo” (The educational or training center), "Ngành hoặc nhóm
đào tạo chính" (Primary disciplines) and “Proper name”.
c. As for the branch
campuses of the foreign-invested higher education institutions in Vietnam,
their names shall follow this order: “Phân hiệu" (Campus of), "Tên cơ
sở giáo dục đại học có vốn đầu tư nước ngoài" (Proper name of the
foreign-invested higher education institution) and "Tại tỉnh/thành phố”
(name of the province/city).
2. The name of a
foreign-invested educational institution shall not coincide or cause confusion
with the name of a registered educational institution or the name of the enterprise
that execute the investment project; shall not use the words or symbols that
contradict the tradition, history, culture, ethics and customs of Vietnam.
3. A foreign-invested
educational institution shall have both Vietnamese and English names (or in
another common foreign language) with the same contents as described above.
4. The Minister of
Education and Training shall consider and make a decision on naming a number of
particular educational institutions.
Article
30. Period of operation
The period of operation
of a foreign-invested educational institution shall be no longer than 50 years
from the date on which the certificate of investment registration is issued,
but shall not exceed the renting period.
Article
31. Procedures for approving the establishment
1. The procedures for
approving the establishment of short-term foreign-invested training institution
shall be completed as follows:
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b. Issue the license to provide
education and post the decision on the licensing authority’s website.
2. The procedures for
approving the establishment of a pre-school educational institution and a
compulsory educational institution as requested by a foreign diplomatic mission
or an inter-government international organization shall be completed as
follows:
a. Issue the
establishment license.
b. Issue the license to
provide education and post the decision on the licensing authority’s website.
3. The procedures for
approving the establishment of a pre-school educational institution, a
compulsory educational institution and a foreign-invested higher education
institution shall be completed as follows:
a. Issue the investment
registration certificate
b. Issue the
establishment certificate.
c. Issue the license to
provide education and post the decision on the licensing authority’s website.
4. The procedures for
approving the establishment of a campus of foreign-invested educational
institutions shall be completed as follows:
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b. Issue establishment
certificate to the campus of foreign-invested educational institution.
c. Issue the license to
provide education and post the decision on the licensing authority’s website.
Article
32. Rights and obligations of foreign-invested educational institutions
1. Have the lawful rights
and benefits as prescribed in Vietnam's laws and in the international
agreements to which Vietnam is a signatory.
2. Comply with the
territorial administrative management from the People's Committees of the
provinces; operate and comply with the State management as prescribed by
Vietnam’s laws.
3. Disclose the
commitment on education quality, the conditions for ensuring the education
quality and the collection and payment mechanism. Take responsibility to refund
the fees to the learners if the training program quality is not consistent with
the commitment.
4. Protect the lawful
rights and benefits of the learners, officers, lecturers, teachers and
employees if the period of operation is terminated or is forced to be
terminated before the expiration date.
5. Facilitate the
operation of political organizations and socio-political organizations, which
are established and operate under Vietnam’s laws, at foreign-invested
educational institutions.
6. Report the
comprehensive development of the institutions to the superior regulatory
agencies and also provide explanation as required by the aforesaid agencies
before November 30 every year. The report shall include the following contents:
The implementation of the decision on approving the educational provision, the
organizational structure, the teachers and lecturers, the number of enrolled
students, the organization of teaching and learning, the academic performance
of students, undergraduate students and graduate students, the number of
graduated students, the graduation rates, the issued qualifications, the
financial report, the difficulties and advantages during the process of
implementation, suggestion and proposal. The report shall be submitted online
or in writing.
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Section
2. AUTHORITY AND PROCEDURES FOR APPRAISING THE CONDITIONS OF EDUCATION TO ISSUE
INVESTMENT REGISTRATION CERTIFICATES
Article
33. Conditions of education for issuance of investment registration
certificates
1. Conform with the
education institution network approved by a competent agency.
2. Satisfy the
requirements specified in Article 3 hereof.
Article
34. Authority and procedures for appraising education conditions
1. As for the projects of
establishing higher educational institutions, the agency that issues the
investment registration certificates shall submit the application documents to
the Ministry of Planning and Investment to receive the appraisal opinions from
the Ministry of Education and Training and from other related agencies; shall
summarize the aforesaid opinions and send a report to the Prime Minister for
him to make a decision on investment policy.
2. As for the projects
aiming to establish the branch campuses of foreign-invested higher education
institutions, the agency that issues the investment registration certificates
shall get the appraisal opinions from the Ministry of Education and Training.
3. As for the projects of
investment in establishing short-term training institutions, pre-school
educational institutions and compulsory educational institutions, the agency
that issues the investment registration certificates shall get the appraisal
documents from the Department of Education and Training.
4. The application
documents and the procedures for requesting investments registration
certificates shall be submitted and carried out in accordance with the
regulations of the Law on Investment.
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Article
35. Invested capital
1. A project of
investment in establishing a pre-school educational institution shall have
investment unit cost of at least 30 million VND per kid (exclusive of the
expense incurred from land tenancy) The total minimum capital shall be
calculated when the estimated education scale is greatest. The capital plan
shall conform with the estimated scale of each stage.
2. A project of
investment in establishing a compulsory educational institution shall have
investment unit cost of at least 50 million VND per student (exclusive of the
expense incurred from land tenancy). The total minimum capital shall be
calculated when the estimated education scale is greatest but shall not be
lower than 50 billion VND.
3. A project of
investment in establishing a short-term training institution shall have
investment unit of at least 20 million VND per student (exclusive of the
expense incurred from land tenancy).
4. A project of investment
in establishing a higher educational institution shall reach an at least total
minimum capital of 1.000 billion VND (exclusive of the expense incurred from
land tenancy). The foreign-invested business entity which is the investor of
the project shall prove its financial capacity according to the Law on
Investment. During the time appraising the application for the university
establishment, the investment value shall reach more than 500 billion VND.
5. A project of
investment in establishing a branch campus of foreign-invested higher education
institution in Vietnam shall have a capital of at least 250 billion VND
(exclusive of the expense incurred from land tenancy) During the time
appraising the application for establishment of the campus, the investment
value shall be more than 150 billion VND.
6. As for the
foreign-invested educational institutions of which the facilities are not newly
built but are leased or contributed by the Vietnamese partner, the capital
shall reach at least 70% of the capital specified in clause 1, 2, 3, and 4 of
this Article.
Section
4. QUALITY ASSURANCE IN FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS
Article
36. Facilities and equipment
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a. Classes shall have appropriate
light, desks, chairs, and teaching equipment and materials.
b. The minimum average
area for teaching shall be 2.5m2 per student.
c. There must be offices
for board of directors and teachers, libraries and other functional rooms.
2. As for a pre-school
educational institution:
a. The school shall be
located in a good environment. The school area shall be calculated based on the
quantity of classes and kids: at least 08 m2 per kid, applicable to
urban areas; 12m2 per kid, applicable to rural areas.
b. The school shall have
appropriate light, desks, chairs and equipment used for taking care of or
teaching kids in the classrooms, bedrooms and other functional rooms.
c. The offices, managing
boards, administration rooms, school clinics, security room and staff’s rooms
shall have suitable area, equipment and materials used for managing, taking
care of and teaching children.
d. The water supply and
drainage systems and bathrooms must be appropriate, and the sanitation
facilities shall be safe, clean and suitable for the operation of the school.
dd. The kitchen (if any)
shall be organized based on the flow-through pattern and use suitable equipment
and materials that ensure food safety and hygiene.
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g. There must be trees in
the school area. All the constructions, equipment, materials and toys of the
school shall ensure absolute safety for the kids.
3. As for a compulsory
educational institution:
a. The school shall be
located in a good environment. The school area shall be calculated based on the
quantity of classes and students, and the regional characteristics: at least
06m2 per student, applicable to urban areas, and 10m2 per
student, applicable to rural areas.
b. There must be areas
for learning and teaching: at least 2.5 m2 per student.
c. There must be
appropriate offices for board of directors and teachers, and appropriate
meeting rooms.
d. There must be
specialized classrooms (for middle schools and high schools), library, desks,
chairs, teaching equipment and materials that satisfy the current standards of
the Ministry of Education and Training.
dd. There must be
multi-purpose gyms, art rooms, computer labs, supporting rooms for disabled
students and school clinics. There must be canteens and break rooms (for
day-boarding schools).
e. There must be clean
water supply and drainage systems and appropriate bathrooms that are suitable
for the scale of the school and ensure the current conditional standards of the
Ministry of Education and Training.
g. There must be a
playground, training ground and parking lot that account for at least 30% of
the total area of the school. There must be surrounding walls and a gate
specifying the school’s name in accordance with Article 22 hereof.
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a. The area for building
the school shall reach at least 25m2 per student at the time the
training scale in the development plan of the school is greatest.
b. The average area for
building shall be at least 09 m2/ student; the studying area shall
be at least 06 m2 per student; the dormitory area shall be at least
03m2 per student.
c. There must be enough
lecture halls, classrooms and functional rooms that satisfy the training
requirements in the disciplines and the forms of training.
d. There must be enough
offices, administration area and managing board that suit the organizational
structure of the academic departments, faculties and disciplines. The minimum
area shall be 08 m2 per person.
dd. There must be
conference rooms, libraries, testing labs, workshops and other facilities that
satisfy the requirements of the training program and science and technology
activities.
e. There must be canteens
and constructions serving the recreation, sports and cultural activities, and
medical constructions and services serving the managers, lecturers and
students.
g. There must be a
technical construction area and a parking lot.
5. Renting the
facilities:
A foreign-invested
educational institution shall also have authority to rent the facilities for at
least 5 stable years and shall ensure that the facilities satisfy the
requirements stipulated in clause 1, 2, 3 and 4 of this Article.
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1. The education program
provided at the foreign-invested educational institution shall demonstrate the
educational target, without damaging the national security and public
interests; without spreading religion and distorting history; without
negatively affect the cultures, ethics and traditional customs of Vietnam, and
shall ensure the connection between levels and grades.
2. The foreign-invested
educational institutions may offer:
a. Vietnamese education
program according to the Vietnam’s laws.
b. Foreign pre-school and
compulsory education program, applicable to the educational institutions stipulated
in clause 2 and clause 3, Article 28 hereof;
c. Foreign short-term
training programs; programs at bachelor’s, master’s and doctorate levels within
the joint training programs conducted with foreign partners.
3. The Minister of
Education and Training shall specify the contents of education and training for
the Vietnamese students who are studying at the pre-school educational
institutions, compulsory educational institutions, higher educational
institutions and branch campuses of foreign-invested higher education
institutions.
Article
38. The teaching staff
1. As for a short-term
educational institution:
a. The teachers shall
have college degrees or equivalent in the profession suitable with the subjects
that they teach.
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2. As for pre-school
educational institution.
a. The teachers shall
have at least college degrees in preschool pedagogy or equivalent.
b. The maximum number of kids
within 01 group or 01 class shall be specified as follows:
As for kids in
kindergarten:
- From 03 - 12 months
old: 15 kids per group.
- From 13 – 24 months
old: 20 kids per group.
- From 25 – 36 months
old: 25 kids per group.
As for kids in pre-school:
- From 03 - 04 years old:
25 kids per class.
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- From 05 – 06 years old:
35 kids per class.
c. The number of teachers
within 01 group or class shall be specified as follows:
- As for kids in
kindergarten: 05 kids per teacher.
- As for kids in
pre-school: 10 – 12 kids per teacher.
3. As for compulsory
educational institution:
a. Teachers shall hold at
least bachelor’s degrees in pedagogy or equivalent.
b. The ratio of teachers shall
be kept at least: 1.5 teacher per class for elementary school, 1.95 teacher per
class for middle school, and 2.25 teacher per class for high school.
c. The quantity of
students shall not exceed: 30 students per class for elementary school, 35
students per class for middle school and high school.
4. As for higher
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b. The maximum ratio of
students to lecturers is 10:01, applicable to arts majors; 15:01 applicable to
science and technology majors; 25:01, applicable to social science, humanities
and economics majors – business administration major.
c. The higher educational
institution shall have enough permanent lecturers to undertake at least 60% of
the program of each discipline.
d. The foreign lecturers
teaching at a foreign-invested educational institution shall have experience in
the discipline that they teach except the cases stipulated in point dd of this
clause.
dd. The foreign lecturers
who teach foreign language skills at a higher educational institution shall
hold bachelor’s degrees or higher and qualifications for teaching foreign
languages.
Article
39. Enrolling Vietnamese students
The
educational institutions stipulated in clause 2 and 3, Article 28 hereof shall
be permitted to enroll Vietnamese students for their foreign educational
programs. The number of Vietnamese students
who participate in the foreign educational program shall be lower than 50% of
the total students who participate in the aforesaid program at the educational
institution.
The number of students
who participate in the foreign educational program shall study the contents
stipulated in clause 3, Article 37 hereof.
Section
5: AUTHORITY, APPLICATION DOCUMENTS AND PROCEDURES FOR ESTABLISHING
FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS
Article
40. The authority to approve the establishment
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2. The Minister of
Education and Training has authority to approve the request of foreign diplomatic
mission and inter-government international organization for establishing the
pre-school and compulsory educational institutions.
3. The Presidents of the
People’s Committees in provinces has authority to approve the establishment of
pre-school and compulsory educational institutions, except the institutions
stipulated in clause 2 of this Article.
Article
41. Application documents for approval for the establishment
1. As for the pre-school
and compulsory educational institutions established by foreign diplomatic
mission and inter-government international organization, the application
documents shall include:
a. An application form
approval for the establishment, using form No. 13 in the Appendix hereto.
b. A detailed project for
establishing the educational institutions, using form No. 14 in the Appendix
hereto, specifying: Their proper names; the educational targets and tasks; the
scope of operation; the qualifications to be issued; the designed structure of
the managerial mechanism; A detailed plan for the development and training
scale of the educational institutions in each period, specifying the ability to
meet the education quality requirements stipulated in Article 36, 37 and 38
hereof.
c. A certified true copy
or a copy enclosed with an original of the Decision on approving the
establishment of the educational institutions and approving the principles of
leasing land of the People’s Committee in the
province where the educational institutions are expected to be located, or an
agreement on leasing land or available facilities in accordance with the
regulations in clause 5, Article 36 hereof.
d. A document proving the
financial capacity which satisfies the conditions stipulated in Article 35
hereof.
2. As for the pre-school,
compulsory and higher educational institutions, the application documents shall
include:
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b. A certified true copy
or a copy enclosed with an original of the investment registration certificate.
c. A detailed project on
establishing the educational institutions as specified in point b, clause 1,
this Article.
d. A certified true copy
or a copy enclosed with an original of the approval for leasing land of the
People's Committee in the province, if the facilities must be built (specifying
the address, area, and boundary of land), or the agreement on leasing available
facilities in accordance with clause 5, Article 36 hereof and other relevant
legal documents.
dd. A detailed plan for
renting or contributing facilities or a detailed project on investment in
building facilities, including both description and detailed design of the
educational institutions.
e. A financial capacity document
as specified in Article 35 hereof.
Article
43. Procedures for establishing educational institutions
1. The investor shall
send 01 set of documents in person or by post to:
a. The Ministry of
Education and Training, applicable to the application documents of the foreign
diplomatic missions and inter-government international organizations for
approval for the establishment of: higher educational institutions, pre-school
educational institutions and compulsory educational institutions.
b. Department of
Education and Training, applicable to application documents for approval for
the establishment of: Pre-school educational institutions, elementary schools,
middle schools, high schools, universal schools, except the pre-school
educational institutions and compulsory educational institutions stipulated in
point a, clause 1 of this Article.
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a. Within 05 working days
from the date on which the complete application documents stipulated in Article
41 hereof are received, the receiving agency shall check the validity of the
documents and send them to the related agencies and units to get opinions.
b. If the application
documents are deemed incomplete, within 05 working days from the date on which
the application is received, the receiving agency shall send a written
notification in person or by post or via email to the investors.
c. Within 10 working days
from the date on which the official dispatch from the receiving agency is received,
the related agencies or units shall give their opinions in writing.
d. Within 30 working days
from the date on which the complete application documents are received, the
receiving agency shall submit the appraisal report to the competent authority stipulated
in Article 40 hereof to consider and make a decision on approving the
establishment of foreign-invested educational institutions, using form No.15 in
the Appendix hereto.
dd. If the application
documents are not approved, within 05 working days from the date on which the
opinions from the competent authority are received, the receiving agency shall
send the written explanation in person or by post to the investors.
3. As for the educational
institutions stipulated in clause 2 and 3, Article 28, after 2 years; or for
the educational institutions stipulated in clause 4, Article 28, after 4 years
from the date on which the decision for approving the establishment takes
effect, if the educational institutions are not allowed to operate, the aforesaid
decision shall be no longer valid.
Section
6. APPLICATION DOCUMENTS AND PROCEDURES FOR ESTABLISHING BRANCH CAMPUSES OF THE
FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS IN VIETNAM
Article
43. Application documents for establishing a campus
1. An application form
for establishing the branch campus, using form No. 13 in the Appendix hereto.
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3. A certified true copy
or a copy enclosed with the original of the document on accreditation or the
document on recognition from the Vietnamese or foreign competent agency.
4. A detailed project on
the establishment of the branch campus, using form No. 14 in Appendix hereto, specifying:
The proper name of the branch campus; the educational targets and tasks; the
designed structure of the managerial mechanism, the educational activities at
the branch campus; a detailed plan for the development and training scale of
the branch campus in each period, specifying the ability to meet the education
quality requirements stipulated in Article 36, 37 and 38 hereof; the list of
lecturers suitable for the scale of the training program. .
5. A financial capacity
document as specified in Article 35 hereof.
6. A certified true copy
or a copy enclosed with the original of the document approving a lease of land
for building the branch campus or of the agreement on leasing available
facilities in accordance with clause 5, Article 36 hereof and other relevant
legal documents.
7. A detailed project on
building the facilities if need be, including the description and the detailed
design of the branch campus.
Article
44. Authority and procedures for approving the establishment of the branch
campus
1. The authority to
approve the establishment of the branch campus.
The Minister of Education
and Training has authority to approve the establishment of the branch campus of
the foreign-invested higher education institutions.
2. Procedures for
approving the establishment.
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b. Within 05 working days
from the date on which the complete and valid documents are received, the
receiving agency shall forward the aforesaid documents to the related agencies
or units to get opinions; if the documents are deemed incomplete according to
Article 43 hereof, within 05 working days, the receiving agency shall send a
written notification in person or by post or via email to the investor.
c. Within 10 working days
from the date on which the official dispatch from the receiving agency is
received, the related agencies or units shall give their opinions in writing.
d. Within 25 working days
from the date on which the complete documents are received, the receiving
agency shall send the appraisal report to the competent authority for
consideration and decision-making.
dd. Within 05 working
days, from the date on which the appraisal report is received, the competent authority
shall consider and approve the establishment of the branch campus.
e. If the documents are
not approved, within 05 working days from the date on which the written
opinions from the competent authority are received, the receiving agency shall
send a written explanation in person or by post to the investor.
3. As for the campus
stipulated in clause 5, Article 28, after 04 years from the date on which the
decision on approving the establishment takes effect, if the branch campus is
not allowed to operate, then the aforesaid decision shall be no longer valid.
Section
7: CONDITIONS, APPLICATION DOCUMENTS, AUTHORITY AND PROCEDURES FOR APPROVING
THE EDUCATIONAL PROVISION
Article
45. Conditions for approving educational provision
1. There is a decision on
approving the establishment of the educational institution or an investment
registration certificate or company registration certificate from short-term
training institution.
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3. There is a regulation
on organization and operation of the educational institution is conformable
with law.
Article
46. Application documents for approval for educational provision
1. An application form,
using form No. 16 in the Appendix hereto.
2. A certified true copy
or a copy enclosed with an original of the decision on approving the
establishment of the foreign-invested educational institutions; as for the
short-term training institution, submit a certified true copy or a copy
enclosed with an original of the investment registration certificate or the
company registration certificate.
3. Regulation on
organization and operation of the educational institution.
4. Report on the progress
of the project investment, capital contribution, capital loan and the entire
capital invested.
5. The report on the
fulfillment of the conditions in Article 35, 36, 37 and 38 hereof, enclosed
with:
a. A list of principal
(director), deputy principal (deputy director), deans, department managers and
chief accountant. As for the application documents for licensing the operation
of the branch campus of higher educational institution, a list of persons in
charge of the branch campus and its organizational structure is required.
b. A list of the
employees, teachers and lecturers (full time or visiting lecturers) and their
resumes
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d. Programs, teaching plans,
learning materials, lists of textbooks and primary reference materials.
dd. The subjects,
regulation and period of enrollment.
e. Training regulation
g. Training scale
(students).
h. Regulations on tuition
fees and other relevant fees.
i. Regulations on
inspection, assessment and certification of the completion of the programs,
modules and grades.
k. The forms of
qualifications to be issued.
Article
47. Authority to approve educational provision
1. The Minister of
Education and Training has authority to approve the operation of higher
educational institution and branch campus of foreign-invested higher education
institution.
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a. Short-term training
institutions.
b. Pre-school educational
institutions, elementary schools, middle schools, high schools, universal
schools.
c. Pre-school educational
institutions and compulsory educational institutions which are established by foreign
diplomatic missions and inter-government international organizations.
Article
48. Procedures for approving the educational provision
1. The investor shall
send 01 set of application documents in person or by post to:
a. Ministry of Education
and Training, applicable to documents of higher educational institutions and
branch campuses of foreign-invested higher education institutions.
b. Department of
Education and Training, applicable to documents of short-term training
institutions; pre-school educational institutions; compulsory educational
institutions; pre-school and compulsory educational institutions established by
foreign diplomatic missions or inter-government
international organizations.
2. Within 20 working days
from the date on which the complete documents stipulated in Article 36 hereof
are received, the receiving agency shall take charge and cooperate with the
related agencies and units in appraising the required conditions and forward
the documents to the competent authority for consideration and decision-making,
using form No. 17 in the Appendix hereto.
If the documents are
deemed incomplete, within 05 working days from the date on which the documents
are received, the receiving agency shall send a written notification in person
or by post to the investors.
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Article
49. Amending the decision on approving the educational provision
1. The person who is
authorized to approve the educational provision shall also have authority to
amend the decision.
2. In case where a
foreign-invested educational institution or a branch campus of foreign-invested
higher education institution wishes to amend the contents of the decision, the
application documents shall include an application form, in which there is
information regarding the amendment and reasons for the amendments and the
documents stipulated in clause 2, 3, 4 and 5 of Article 46 hereof.
3. Within 20 working days
from the date on which the complete documents stipulated in clause 1 of this
Article are received, the receiving agency shall appraise the documents as
required and forward them to the competent authority stipulated in Article 47
for consideration and decision-making.
In case where the
documents are deemed incomplete, within 05 working days from which the
documents are received, the receiving agency shall send a written notification
in person or by post or via email to the investor.
In case where the higher
educational institution does not satisfy the conditions for amending the
decision, the receiving agency shall provide explanation in writing within 05
working days from the date on which the written opinions from the competent
authority are received.
Section
8. DISSOLVING; SUSPENDING AND TERMINATING THE OPERATION OF THE FOREIGN-INVESTED
EDUCATIONAL INSTITUTIONS
Article
50. Suspending the operation of the foreign-invested educational institution
1. The person who
approves the operation shall also have authority to suspend it.
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a. Commits fraud in order
to get approval for the establishment or operation.
b. Does not meet one of
the conditions specified in this Decree to get approval for the operation.
c. Receives the approval
from a person who is not authorized.
d. Violates the education
laws that lead to penalties for administrative violations to a degree that the
operation must be suspended.
dd. Other cases specified
in the laws.
3. The Decision on
suspending the operation shall include the explanation for such action, the
suspended period, the measures for protecting the interests of learners,
teachers, managers and employees of the institution or branch campus and be
published on mass media.
4. A foreign-invested
educational institution or a branch campus of the foreign-invested HEI shall be
approved to resume its operation once it eliminates the violations that lead to
the suspension.
5. The application
documents for approval for the resumption shall include:
a. An application form
for the resumption specifying the result of eliminating the violations.
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c. An inspection record.
6. The person who
suspends the operation shall also have authority to approve the resumption.
7. Within 20 working days
from the date on which the application documents for approval for the
resumption are received, the receiving agency shall take charge and cooperate
with the related agencies or units to appraise the aforesaid documents and
forward them to the competent authority for consideration and decision-making.
If the
documents are deemed incomplete, within 05 working days from the date on which
the aforesaid documents are received, the receiving agency shall send a written
notification in person or by post or via email to the investor.
If the
educational institution does not fully meet all conditions for resuming its
operation, within 05 working days from the date on which the written opinions
from the competent authority are received, the receiving agency shall provide
explanation in writing for the investor.
Article
51. Dissolving and terminating the operation of the foreign-invested
educational institutions
1. The authorized person,
who approves the establishment of pre-school educational institutions,
compulsory educational institutions, higher educational institutions and branch
campuses of higher educational institutions, shall also have authority to
dissolve the aforesaid institutions. The person who approves the operation of
the foreign invested short-term training institution shall also have authority
to terminate the operation of the aforesaid institution.
2. Dissolve pre-school
educational institutions, compulsory educational institutions, higher
educational institutions, and branch campuses of foreign-invested higher
education institutions; and terminate the operation of the foreign-invested
short-term training institution if:
a. There is a request for
dissolution sent by the entity who established the foreign-invested educational
institutions and branch campuses of foreign-invested higher education
institutions.
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c. The period of
suspension is expired but the institutions cannot eliminate the violations.
d. The targets and
operation contents specified in the decision on approving the establishment or
operation are no longer suitable for the social-economic development requirements.
dd. The institutions have
not fulfilled the commitments specified in the approved project after 5 years
since the decision on approving the establishment took effect.
3. The application
documents for dissolving or terminating the operation of the foreign-invested
educational institutions shall include.
a. An application form
for dissolving and terminating the operation of the educational institutions.
b. A plan for dissolving
and terminating the operation of the foreign-invested educational institutions,
in which there are measures for protecting the legal benefits of learners,
teachers, managers and employees; a plan for solving financial and property
problems.
4. Procedures for
dissolving and terminating the operation of foreign-invested educational
institutions:
a. The investors shall
send 01 set of application documents in person or by post to the Ministry of
Education and Training to dissolve the following institutions: higher
educational institutions, branch campuses of foreign-invested educational
institutions, pre-school educational institutions and compulsory educational
institutions all established by the foreign diplomatic missions and
inter-government international organizations.
b. The investors shall
send 01 set of application documents in person or by post to the Department of
Education and Training to terminate the operation of the short-term training
institution or dissolve the pre-school and compulsory educational institutions,
except the cases stipulated in point a, clause 4 of this Article.
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d. Within 05 working days
from the date on which the documents are received, if they fail to comply with
requirement, the receiving agency shall send a written notification in person
or by post or via email to the investors.
5. If the educational
institutions violate one of the regulations in point b, c, d and dd, clause 2
of this Article, the competent agency shall examine the regulations being
violated, consider and make a decision or report the violations to the
competent authority for consideration and decision-making.
6. The decision on
approving the dissolution and termination shall include the explanation for
such actions and the measures for ensuring the legal benefits of learners,
teachers, managers and employees and shall be announced through mass media.
Chapter
IV
REPRESENTATIVE
OFFICES OF FOREIGN EDUCATION INSTITUTIONS
Article
52. Functions, tasks and authority
1. A representative shall be able to represent the
foreign educational institution in Vietnam.
2. A representative
office shall take on the following tasks:
a. Contact and boost the
cooperation between the educational institution that it represents and the
Vietnamese educational institution via promoting the education joint programs
and projects.
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c. Expedite and supervise
the process of implementing the agreements on educational cooperation signed
with the Vietnamese educational institutions.
d. Must not engage in
educational activities that directly generate profit in Vietnam and must not
establish branches under it.
dd. Before November 30
every year, the representative office shall send a written report about its
operation to the Department of Education and Training within the area where it
is located; also, if requested by the competent agency, it shall provide
documents and information regarding the relevant problems. The report shall be
submitted online or in writing.
e. Fulfill other
obligations as prescribed by law.
Article
53. Conditions for a foreign educational institution to establish a
representative office in Vietnam
1. Has a legal status.
2. Has been operating for
at least 05 years in the home country; and has been accredited or recognized
for its education quality by a competent agency.
3. Has clear charters,
principles and targets.
4. Has regulation on
organization and operation of the representative office being established in
Vietnam that conforms to Vietnam's laws.
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Article
54. Application documents for approval for the establishment
1. The application
documents for approval to establish a representative office in Vietnam shall
include:
a. An application form
for approval to establish a representative office, using form No. 18 in the
Appendix hereto.
b. A document proving the
legal status of the foreign educational institution; a certified true copy or a
copy enclosed with an original of the Operation charter, a quality assessment
certificate of the foreign educational institution, or a written certificate of
quality assurance from a competent agency; a summary report on the
establishment and development of the foreign educational institution.
c. A draft regulation on
the organization and operation of the representative office.
d. A letter introducing
the manager of the representative office and his/her resume.
2. The written
certificates issued by a foreign competent agency shall be consularly legalized
at the Ministry of Foreign Affairs in Vietnam or at the diplomatic mission,
consular office or a Vietnamese agency authorized to do consulate works in a
foreign country, unless the international agreements to which Vietnam is a
signatory prescribed otherwise.
Article
55. Naming the representative office of foreign education
The name of a
representative office shall be put in the following orders: “Văn phòng đại
diện” (Representative office of), “Tên của tổ chức, cơ sở giáo dục nước ngoài”
(Proper name of the foreign educational institution) and “ tại Việt Nam” (in
Vietnam)
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The operation period of a
representative office shall not be more than 05 years from the date on which it
is issued with the establishment license. The aforesaid period may be extended,
however, and each extension shall not exceed 05 years.
Article
57. Authority relating to the establishment and operation of the representative
office
The Minister of Education
and Training shall issue, extend and amend the decision on approving the
establishment of the representative office of foreign educational institution
in Vietnam.
Article
58. Procedures for approving the establishment
1. The foreign
educational institution that requests the approval for establishment of the
representative office in Vietnam shall send 01 set of application documents in
person or by post to the Ministry of Education and Training.
2. Within 30 working days
from the date on which the complete documents are received, the Ministry of
Education and Training shall appraise the documents, consider and approve the
establishment of the representative office, using form No. 19 in the Appendix
hereto. If it does not approve the
establishment, the receiving agency shall provide explanation in writing.
3. If the documents are
deemed incomplete according to Article 54 hereof, within 05 working days, the
Ministry of Education and Training shall send a written notification in person
or by post or via email to the foreign educational institution.
Article
59. Operation registration
1. Within 20 working days
from the date on which the decision on approving the establishment of the representative
office takes effect, the educational institution that requested the approval
shall complete the operation registration at the Department of Education and
Training within the area where the representative office is located.
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a. An application form
for approval for the establishment of the representative office, using form
No.20 in the Appendix hereto.
b. A certified true copy
or a copy enclosed with an original of the decision on approving the
establishment of the representative office, and copies of the application
documents already submitted to the Ministry of Education and Training to
request for the aforesaid decision.
c. The decision on
appointing the manager for the representative office and his/ her resume.
d. The personnel of the
representative office and their resumes.
dd. Specific location of
the representative office and relevant legal documents.
3. Within 10 working days
from the date on which the application documents of the representative office
are received, the director of the Department of Education and Training shall
consider issuing the registration certificate using form No.21 in the Appendix
hereto, and shall publicly post the decision on its website. If the director
does not issue the registration certificate, the receiving agency shall provide
explanation in writing.
4. If the documents are deemed incomplete according to
the regulations in clause 2 of this Article, within 05 working days, the receiving
agency shall send a written notification in person or by post or via email to
the foreign educational institution.
Article
60. Amending, supplementing and extending the establishment license
1. The foreign
educational institution shall apply for the amendment, supplement and extension
of the license to establish the representative office if:
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b. Changing the name, the
head or the location of the representative office in Vietnam.
c. The operation period
specified in the license to establish the representative office expires.
2. The person who
approves the establishment of the representative office shall also have
authority to amend, supplement and extend the license.
3. The extension of the
license to establish the representative office shall be granted within 06
months before the aforesaid license expires.
4. The application
documents for amendment, supplement and extension of the license shall include:
a. An application form of
the foreign educational institution, in which there is clear information and
explanation about the amendment, supplement and extension of the license to
establish the representative office.
b. An original or a copy
of the license to establish the representative office.
c. An original or a copy
of the registration certificate of the representative office if it already
registered for the certificate.
d. A detailed report on
the operation of the representative office.
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6. If the documents are deemed incomplete, within 05
working days from the date on which the documents are received, the receiving
agency shall send a written notification in person or by post or via email to
the educational institution.
Article
61. Terminating the operation of the representative office
1. The person who
approves the establishment shall also have authority to terminate the operation
of the representative office.
2. The operation of the representative office shall be
terminated if:
a. The period specified
in the establishment license expires.
b. There is a request
from the foreign educational institution that establishes the representative
office.
c. The representative
office is unable to operate within 06 months from the date on which the first
license is issued or within 03 months from the date on which the license is
extended.
d. The application documents
for approval for the establishment of the representative office are falsified.
dd. The representative
office engages in activities in contravention of the license.
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3. Application documents
and procedures for requesting the termination of operation of the
representative office.
a. An application form
for approval for terminating the operation of the representative office, in
which there is clear explanation about the termination.
b. A detailed plan for
terminating the operation, in which there are clear measures for ensuring the
legal rights of the employees; a plan on solving the financial or property
problems.
c. Within 20 working days
from the date on which the application documents requesting the termination are
received, the receiving agency shall consider and make a decision. If the
documents are deemed incomplete, within 05 working days from the date on which
the documents are received, the receiving agency shall send a written
notification in person or by post or via email to the educational institution.
4. If the operation of the representative office must be
terminated according to point c, d, dd, and e, clause 2 of this Article, the
competent agency shall consider and decide to terminate the operation of the
aforesaid office.
5. The decision on
terminating the operation shall include clear explanation about such action and
the measures for ensuring the legal rights and benefits of the employees, and
shall be announced through the mass media.
Chapter
V
ORGANIZATION
FOR IMPLEMENTATION
Article
62. Responsibilities of the Ministry of Education and Training
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2. Report the progress of
foreign cooperation and investment in education to the Prime Minister.
Article
63. Responsibilities of the Ministry of Planning and Investment
Cooperate with the
Ministry of Education and Training in managing the process of foreign
cooperation and investment in education.
Article
64. Responsibilities of the departments, ministerial agencies and Governmental
agencies
The departments,
ministerial agencies and Governmental agencies, within the bounds of their
duties and power, shall cooperate with the Ministry of Education and Training
and Ministry of Planning and Investment in managing the activities related to
the foreign cooperation and investment in education.
Article
65. Responsibilities of the People’s Committees
in provinces and central-affiliated cities
1. The People’s Committees in provinces and
central-affiliated cities, within the bounds of their duties and power, shall
manage the cooperation and investment in education within their areas.
2. The People’s Committees in provinces and
central-affiliated cities shall make statistics and send an annual report about
the foreign cooperation and investment in education to the Ministry of
Education and Training and Ministry of Planning and Investment before November
30 every year.
Chapter
VI.
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Article
66. Transitional provisions
1. Aside from
implementing the regulations on conditions, application documents and
procedures for approving the establishment; the educational provision; the
dissolution and termination of operation of educational institutions and branch
campuses; other relevant regulations, specified in the Law on Education, Law on
higher education and Law on investment, and other guiding documents shall be
implemented.
2. If the cooperation
with foreign partners in joint training and in joint test administration is
already approved before this Decree takes effect, then there is no need to
apply for such approval again.
3. If the establishment
of foreign educational institutions, branch campuses of foreign-invested higher
education institutions and representative offices is already approved before
this Decree takes effect, then there is no need to apply for such approval
again.
4. If the institutions
that apply for approval for joint training, the foreign-invested educational
institutions, branch campuses of foreign-invested higher education
institutions, and representative offices already submitted application documents
for approval for their establishment and operation before this Decree takes
effect, they do not need to submit additional documents stipulated in this
Decree.
5. If the project on establishing the foreign-invested higher
education institution is already approved by the Prime Minister before this
Decree takes effect and is still effective, do not implement the regulations
stipulated in clause 4, Article 35 hereof.
Article
67. Effect and implementation
1. This Decree shall come
into force from August 01, 2018 and replace the Government’s Decree No. 73/2012
/ND-CP dated September 26, 2012 and the Decree No. 124/2014/ND-CP dated
December 29, 2014.
2. The Ministers, Heads
of ministerial agencies, Heads of Governmental agencies, Presidents of People's
Committees in provinces and central-affiliated cities, and relevant
organizations and individuals shall implement this Decree.
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PP. THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX
(Annexed
to the Government’s Decree No. 86/2018/ND-CP dated June
2018, 2018)
Form
No.
Title
Form No.01
Application for approval for
joint education with a foreign partner.
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Project of joint education with a
foreign partner.
Form No.03
Decision on approval for joint
education with a foreign partner.
Form No.04
Application for extension (or
modification) of joint education with a foreign partner.
Form No.05
Application for termination of
joint education with a foreign partner.
Form No.06
Application for approval for
joint training with a foreign partner.
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Project of joint training with a
foreign partner.
Form No.08
Application for approval for
cooperation in administering tests for certification of foreign language
proficiency with a foreign partner.
Form No.09
Project of cooperation in
administering tests for certification of foreign language proficiency with a
foreign partner.
Form No.10
Decision on approval for joint training
with a foreign partner.
Form No.11
Application for extension (or
modification) of cooperation with a foreign partner.
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Application for termination of
joint education or cooperation in administering tests for certification of foreign
language proficiency with a foreign partner.
Form No.13
Application for approval for
establishment of foreign-invested educational institution (or Campus of
foreign-invested educational institution).
Form No.14
Project of establishment of
foreign-invested educational institution (or Campus of foreign-invested
educational institution).
Form No.15
Decision on approval for
establishment of foreign-invested educational institution.
Form No.16
Application for registration of operation
of foreign-invested educational institution.
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Decision on approval for
educational operation of foreign-invested educational institution.
Form No.18
Application for approval for
establishment of representative office of foreign education institution.
Form No.19
Decision on approval for
establishment of representative office of foreign education institution.
Form No.20
Application for registration of
operation of representative office of foreign education institution.
Form No.21
Certificate of registration of
operation of representative office of foreign education institution.
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Form
No.01
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………..,
date(dd/mm/yyyy) …….
APPLICATION
FOR APPROVAL FOR JOINT EDUCATION WITH A FOREIGN PARTNER
Dear
………..(1)………..
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ………………………………(2)...............................................................
- Head office:
.......................................................................................................................
- Telephone number: ..........................................................................................................
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- Website:
.............................................................................................................................
- Establishment decision:
……………………………(3).........................................................
Foreign Party: ………………………………….(4).................................................................
- Head office:
........................................................................................................................
- Telephone number:
............................................................................................................
- Fax:
...................................................................................................................................
- Website: ............................................................................................................................
- Establishment permit:
……………………………(5).............................................................
submit an application to
request………………(1)…………….. to consider approval for joint education between
………..(2)……… and ……….(4)……….., containing the following details:
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2. Duration
of joint education .................................................................................
3. Tasks involved in the joint
education (in brief):
........................................................
We shall undertake to:
1. Assume entire responsibility for
authenticity and accuracy of information given in this Application and attached
documents.
2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Cooperation Agreement (Contract)
between participating parties;
2. Legal documents evidencing the
legal personality of each participating party: Certified true copy or copy sent
together with the original of decision on or permit for establishment of the
educational institution or other equivalents;
3. Certificate of accreditation of
foreign educational program or other written document certifying quality of the
joint education program that is issued by a foreign regulatory authority;
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5. Joint education project;
6. Other documents (if any).
VIETNAMESE
PARTY
(Signature
and stamp)
Full name
FOREIGN
PARTY
(Signature
and stamp)
Full name
Notes:
(1) Name of the department of
education and training of city/province having authority over the Vietnamese
educational institution;
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(3) Number and code of the decision
(or equivalent legal document) on approval for establishment of the Vietnamese
educational institution, issue date and name of the issuing authority;
(4) Name of the foreign educational
institution;
(5) Number and code of the legal
document indicating the legal personality of the foreign educational
institution (establishment/operational permit or other equivalent legal
document), issue date and name of the issuing authority.
Form
No.02
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………….,
date (dd/mm/yyyy)……..
PROJECT
OF JOINT EDUCATION WITH A FOREIGN PARTNER
(This form contains main
information necessary for participating parties’ reference)
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Describe necessity of entering into
the educational cooperation.
II. INTRODUCTION OF PARTICIPATING
PARTIES
1. Overview of participating
parties’ background.
2. Cooperation process.
III. CONTENTS
1. Objectives: Provide details of
joint education objectives in order to develop and execute the integrated
education program and goals that a student may attain when participating in the
integrated education program, and ensure conformance to objectives of the
Vietnamese universal education.
2. Students eligible for enrollment
and enrollment intake.
3. Curriculum: Describe the
integrated education curriculum, make comparison between the Vietnamese and
foreign educational curricula, subjects, integrated education contents and
advantages of the integrated education program, etc.
4. Methodology: Describe the method
of execution of the integrated education program: Lecturing, examination, test,
graduation, coordination in lecturing between Vietnamese teachers and foreign
teachers, etc.
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6. Implementation plan/roadmap.
7. Facilities and equipment
necessary for the joint education and joint education location.
8. Teaching staff eligible for
participating in the joint education program (chart of teachers, enclosing
their résumés as an annex).
9. Textbooks, reference materials,
libraries and other amenities, etc.
IV. FINANCE
1. Tuition fee.
2. Other financing and investing
resources.
3. Regimes for management of
revenues, expenses and contributions (if any).
V. MEASURES FOR ASSURANCE OF
QUALITY AND RISK MANAGEMENT
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2. Risk management measures
VI. MECHANISM FOR MANAGEMENT OF
JOINT EDUCATION
1. Organizational structure of
management of joint education and representatives of participating parties involved
in management of joint education (enclosing their résumés).
2. Rights and responsibilities of
participating parties.
3. Rights and responsibilities of
teachers, students and other related parties.
Appendices.
Form
No.03
………………
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No.:
/QD-……..
………..,
date (dd/mm/yyyy)……..
DECISION
ON APPROVAL FOR JOINT EDUCATION WITH A FOREIGN PARTNER
….. (1) ……
DIRECTOR
OF DEPARTMENT OF EDUCATION AND TRAINING OF CITY/PROVINCE
….. (2) ……
Pursuant to
............................................................................................................................
;
Pursuant to the Government’s Decree
No. /2018/ND-CP dated (dd/mm/2018) prescribing foreign cooperation in
investment in the education sector;
In the light of the request of
…….(4)……. and …….(6)……. made in the Application for approval for joint
education …(1)……..submitted on (dd/mm/yyyy). ;
Upon the request of …………(3)………..,
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Article 1. Approval
for cooperation ………………………(1)………………………..between the following parties:
Vietnamese Party:
……………………………………..(4).......................................................
- Head office: ........................................................................................................................
- Telephone number:
...........................................................................................................
- Fax: .................................................................................................................................
- Website:
..........................................................................................................................
- Establishment decision:
………………………………………(5)...........................................
Foreign Party:
……………………………………………..(6)............................................
- Head office:
........................................................................................................................
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- Fax:
.................................................................................................................................
- Website:
...........................................................................................................................
- Establishment permit:
…………………………………(7)....................................................
Article 2. Participating
parties shall comply with Vietnamese laws, commitments and plans mentioned in
the Application for approval for joint education, including the following main
information:
1. Eligible candidates:
………………………………………(8)............................................
2. Teaching schedule and
educational program: …………………….(9)..............................
3. Language used:
……………………………………….(10)..........................................
4. Teaching staff:
………………………………………….(11)...........................................
5. Number of classes:
…………………………………………(12)...........................................
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7. Educational
qualification/certificate conferred:
………………………………………(14)............................................
8. Training budget and budget
management: ……………………(15)...................................
Article 3. After each
academic year, …………….(16)…………… shall report to the Department of Education and
Training on results of cooperation and cooperation management and, at 6-month
interval, update the database of foreign cooperation in the education sector
under the control of the Ministry of Education and Training.
………….(17)………… shall examine and
cooperate with related entities in carrying out inspection of cooperation and
cooperation management by participating parties under this Decision and other
approved joint education documents.
Article
4. Period of joint education shall
be……………………………………………..
Article 5. Entry into force;
entities and persons that are responsible for implementing this decision./.
Recipients:
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DIRECTOR
(signature
and seal)
Full name
Notes:
(1) Name of the joint education
program;
(2) Name of the city/province;
(3) Head of the entity taking
charge of preparing this Decision;
(4) name of the Vietnamese Party
participating in the joint education;
(5) Number and code of the legal
document indicating the legal personality of the Vietnamese educational
institution, issue date and name of the issuing authority;
(6) Name of the Foreign Party;
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(8) Eligible candidates,
enrollment, foreign language competency and other requirements;
(9) Academic period (academic years
or semesters) and duration of the joint education program;
(10) Teaching language used;
(11) Regulations on teachers
participating in the joint education program (qualification and foreign
language competency requirements);
(12) Estimated student intake per
annum;
(13) Joint education venue;
(14) Name of
qualification/diploma/certificate and issuing entity;
(15) Level of tuition fee (for the
entire course or specific academic years) and financing sources (if any);
(16) Name of the Vietnamese
educational institution and name of the foreign educational institution;
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Form
No.04
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………….,
date (dd/mm/yyyy)……..
APPLICATION
FOR EXTENSION (OR MODIFICATION) OF JOINT EDUCATION WITH A FOREIGN PARTNER
Dear
………..(1)…………
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ………………………..
(2)........................................................
- Head office:
.........................................................................................................................
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- Fax:
.................................................................................................................................
- Website:
..........................................................................................................................
Foreign Party:
………………………………..(3)............................................................
- Head office:
.........................................................................................................................
- Telephone number:
............................................................................................................
- Fax:
..................................................................................................................................
- Website:
...........................................................................................................................
Have already obtained permission
for participation in the educational cooperation according to the Decision No.
:…………….(4)..........................
We are seeking .... (1)...’s
approval for extension of the joint education to …………….
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We shall undertake to:
1. Assume entire responsibility for
authenticity and accuracy of information given in this Application and attached
documents.
2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Review report on the joint
education program, enclosing documents evidencing preparation for and conduct
of cooperation activities during the allowed period;
2. Cooperation agreement (contract)
remaining valid between participating parties (English and Vietnamese
versions);
3. Recommendations about
information to be modified (if any) that are included in the Decision on
approval for the joint education and explanations given.
VIETNAMESE
PARTY
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FOREIGN
PARTY
(Signature
and stamp)
Full name
Notes:
(1) Name of the department of
education and training of a city/province that has granted permission for the
joint education;
(2) Name of Vietnamese educational
institution;
(3) name of the foreign educational
institution;
(4) Number and code of the Decision
on approval for the joint education, date and name of the entity in charge of
issuance thereof.
Form
No.05
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…………….,
date (dd/mm/yyyy)……..
APPLICATION
FOR TERMINATION OF JOINT EDUCATION WITH A FOREIGN PARTNER
Dear
………(1)……….
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ………………………………(2)................................................
- Head office:
........................................................................................................................
- Telephone number:
...........................................................................................................
- Fax:
..................................................................................................................................
- Website:
...........................................................................................................................
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- Head office:
.........................................................................................................................
- Telephone number:
............................................................................................................
- Fax:
.................................................................................................................................
- Website:
..........................................................................................................................
Have already obtained permission
for the joint education according to the Decision No.: …………(4)………….
We are requesting ...(1)... to
approve termination of the aforesaid joint education from (dd/mm/yyyy)
Reasons:
..................................................................................................................
Responsibilities of the educational
institution upon termination of the joint education:
.....................................................
We shall undertake to:
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2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Review report on the joint
education program, enclosing documents evidencing preparation for and conduct
of cooperation activities during the allowed period;
2. Cooperation agreement (contract)
remaining valid between participating parties (English and Vietnamese
versions);
3. Recommendations (if any) given
in the Decision on approval for the joint education and explanations for these
recommendations.
Vietnamese
Party
(Signature
and stamp)
Full name
Foreign
Party
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Notes:
(1) Name of the department of
education and training of a city/province that has granted permission for the
joint education;
(2) Name of Vietnamese educational
institution;
(3) name of the foreign educational
institution;
(4) Number and code of the Decision
on approval for the joint education, date and name of the entity in charge of
issuance thereof.
Form
No.06
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………….,
date (dd/mm/yyyy)……..
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……..(1)……….
Dear
…….(2)……….
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ……………….…………
(3).............................................
- Head office:
.........................................................................................................................
- Telephone number:
............................................................................................................
- Fax:
..................................................................................................................................
- Website:
...........................................................................................................................
- Establishment decision:
.................................
(4)................................................................
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- Head office:
..........................................................................................................................
- Telephone number:
.............................................................................................................
- Fax: ...................................................................................................................................
- Website:
............................................................................................................................
- Establishment permit:
……………………………………..(6)................................................
Are requesting ………….(2)………………. to
consider approving the joint training ………..(1)…………between ………………..(3)……………. and
…………..(5)…………… with objectives, scope and duration as follows:
1. Objectives and scope of joint
training: (Summarize target sectors, training levels, annual student intake
and qualification to be conferred in this joint training program).
2. Duration
of the joint training program: ........................................................................
3. Brief description of tasks
involved in the joint training program: ...................................................................................
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1. Assume entire responsibility for
authenticity and accuracy of information given in this Application and attached
documents.
2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Cooperation Agreement (Contract)
between participating parties.
2. Legal documents evidencing the
legal personality of each participating party: Certified true copy or copy sent
together with the original of decision on or permit for establishment of the
educational institution or other equivalents.
3. Documents evidencing permitted
disciplines or majors of both Vietnamese and foreign educational institution
obtaining authorization for involvement in the target sectors.
4. Certificate of accreditation of
foreign educational program or other written document certifying quality of the
joint education program that is issued by a foreign regulatory authority.
5. Document stating consent to
policies on permission for joint training with a foreign partner that is issued
by the Vietnamese educational institution's supervisory entity.
6. Joint education project text.
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VIETNAMESE
PARTY
(Signature
and stamp)
Full name
FOREIGN
PARTY
(Signature
and stamp)
Full name
Notes:
(1) Suggested disciplines and levels
of joint training;
(2) Entity authorized to approve
the joint training;
(3) Name of Vietnamese educational
institution;
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(5) name of the foreign educational
institution;
(6) Number and code of the legal
document indicating the legal personality of the foreign educational
institution, issue date and name of the issuing authority.
Form
No.07
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………….,
date (dd/mm/yyyy)…….
Project
of joint training with a foreign partner at the educational level
of……………..between……………..and……………….
(This form contains main information
necessary for participating parties’ reference)
I. NECESSITY
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II. INTRODUCTION OF
PARTICIPATING PARTIES
1. Overview of participating
parties’ background.
2. Cooperation process.
3. Assessment of participating
parties.
III. CONTENTS
1. Objectives: Provide brief
information about graduation requirements.
2. Students eligible for enrollment
and enrollment intake.
3. Training duration and program:
Specify training duration, form and method of execution of the joint training
program:
4. Activities involved in the joint
training program: Lecturing, examination, test, graduation, coordination in
lecturing between Vietnamese teachers and foreign teachers, etc.
...
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6. Implementation plan/roadmap.
7. Facilities and equipment
necessary for the joint training program and joint training venue.
8. Teaching staff participating in
the joint training program (chart of teachers with brief information, academic
résumés and other evidences of conformance to professional qualification and
foreign language competency requirements which are attached as appendices).
9. Textbooks, reference materials,
libraries and other amenities, etc.
IV. FINANCE
1. Tuition fee.
2. Other financing and investing
resources.
3. Regimes for management of
revenues, expenses and contributions (if any).
V. MEASURES FOR ASSURANCE OF
QUALITY AND RISK MANAGEMENT
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2. Measures for risk management,
assurance of student’s rights and interests in case of early termination of the
joint training program.
VI. MECHANISM FOR MANAGEMENT OF
JOINT TRAINING
1. Organizational structure of
management of joint training and representatives of participating parties
involved in management of joint training (enclosing their personal résumés in
Appendices).
2. Rights and responsibilities of
participating parties.
3. Rights and responsibilities of
teachers, students and other related parties.
Appendices.
Form
No.08
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
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Application
for approval for cooperation in administering tests for certification of
foreign language proficiency with a foreign partner with respect to the foreign
language …………(1)……………
Dear
………..(2)………….
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ………………………………(3)................................................
- Head office:
.........................................................................................................................
- Telephone number:
............................................................................................................
- Fax: ..................................................................................................................................
- Website:
............................................................................................................................
- Establishment decision:
…………………………(4)...............................................................
...
...
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- Head office:
...........................................................................................................................
- Telephone number:
..............................................................................................................
- Fax: ...................................................................................................................................
- Website:
............................................................................................................................
- Establishment permit:
……………………………..(6)...........................................................
Are requesting ………..(2)…………. To
consider approving cooperation in organizing tests for certification of foreign
language competency with respect to the foreign language ...(1)..., between
……..(3)……. and ... (5)... with the following objectives, scope and duration as
follows:
1. Objectives and scope of joint
training: (Provide brief information about the foreign language to be
tested for certification of foreign language competency, the number of tests
per annum and type of qualification to be conferred in the joint training
program).
2. Duration of the joint
training program: .................................................................................
3. Brief description of tasks
involved in the joint training program: ....................................................................................
...
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1. Assume entire responsibility for
authenticity and accuracy of information given in this Application and attached
documents.
2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Application form for approval
for the joint training program.
2. Cooperate agreement or contract between
the testing entity in Vietnam and the foreign language competency assessment
entity in a foreign country.
3. Documents confirming the legal
personality of participating parties.
4. Proposal of a test for
certification of foreign language competency by a foreign partner, including
information about value and scope of effect of the foreign language
qualification issued in a foreign country, evidence of assurance of quality of
a test, responsibilities of participating parties, test and other fees, mechanism
for collection of fees and management thereof, rights and duties of
participants and other related matters.
5. Other documents (if any).
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(Signature
and stamp)
Full name
Foreign
Party
(Signature
and stamp)
Full name
Notes:
(1) Foreign language to be tested;
(2) Entity having authority to
approve cooperation in organizing tests and certification of foreign language
competency;
(3) Name of Vietnamese educational
institution;
(4) Number and code of the legal document
indicating the legal personality of the Vietnamese educational institution,
issue date and name of the issuing authority;
(5) Name of the foreign educational
institution;
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Form
No.09
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
……….,
date (dd/mm/yyyy)……..
PROJECT
OF COOPERATION IN ADMINISTERING TESTS FOR CERTIFICATION OF FOREIGN LANGUAGE
PROFICIENCY WITH A FOREIGN PARTNER
(This form contains main
information necessary for participating parties’ reference)
I. NECESSITY
Describe necessity of cooperation
in tests for certification of foreign language competency by a foreign partner.
II. INTRODUCTION OF
PARTICIPATING PARTIES
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2. Cooperation process.
III. CONTENTS
1. Objectives.
2. Information about value and
scope of effect of foreign language certificates issued by foreign partners.
3. Evidence of assurance of quality
of tests and responsibilities of participating parties.
4. Rights and duties of
participants.
5. Sample foreign language
certificates to be conferred.
6. Other related information.
7. Implementation plan/roadmap.
...
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9. Administrators, markers,
attendants, technicians (chart of these persons with short background
information, their résumés and proofs of professional qualification and foreign
language competency enclosed as appendices).
IV. FINANCE
1. Test and other fees.
2. Other financing and investing
resources.
3. Fee collection and spending
mechanism and financial management regime.
V. MEASURES FOR ASSURANCE OF
QUALITY AND RISK MANAGEMENT
1. Quality assurance measures.
2. Measures for risk management,
assurance of rights and interests of participants.
VI. MECHANISM FOR MANAGEMENT OF
COOPERATION IN ORGANIZING TESTS
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2. Rights and responsibilities of
participating parties.
3. Rights and duties of
administrators, markers, attendants and technicians.
Appendices.
Form
No.10
………………
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
/QD-……..
………..,
date (dd/mm/yyyy)……..
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DECISION
ON APPROVAL FOR JOINT TRAINING WITH A FOREIGN PARTNER
…….
(1) …...
……….….
(2) …………….
Pursuant to
............................................................................................................................
Pursuant to the Government’s Decree
No. /2018/ND-CP dated (dd/mm/2018) prescribing foreign cooperation in investment
in the education sector;
In the light of the request of
…….(4)……. and …….(6)……. made in the Application for approval for joint
education …(1)……..submitted on (dd/mm/yyyy);
Upon the request of
…………………………………….(3)..................................................
HEREBY
DECIDES
Article 1. Approval for the
joint training program……………….(1)………………..between the following Parties:
...
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- Head office: .........................................................................................................................
- Telephone number:
............................................................................................................
- Fax:
..................................................................................................................................
- Website:
...........................................................................................................................
- Establishment decision:
……………………………….(5).......................................................
Foreign Party:
……………………………………..(6)......................................................
- Head office:
...........................................................................................................................
- Telephone number:
..............................................................................................................
- Fax: ..................................................................................................................................
...
...
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- Establishment permit:
…………………………………(7).....................................................
Article 2. Participating
parties shall comply with Vietnamese laws, commitments and plans mentioned in
the Application for approval for joint training, including the following main
information:
1. Eligible enrollees:
…………………………………………..(8).....................................
2. Training duration and program:
……………………….…..(9).....................................
3. Language used:
…………………………………………..(10)....................................
4. Teaching staff:
……………………………………………..(11)....................................
5. Number of classes:
…………………………………………………..(12).............................
6. Training venue:
…………………………………………………(13)..................................
7. Qualifications
to be conferred: ……………………………………………..(14).....................
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Article 3. After each
academic year, …………….(16)…………… shall report to the Department of Education and
Training on results of cooperation and cooperation management and, at 6-month
interval, shall update the foreign training cooperation database under the
control of the Ministry of Education and Training.
………(18)………… shall examine and
cooperate with related entities in carrying out inspection of cooperation and
cooperation management by participating parties under this Decision and other
approved documents.
Article 4. Period of joint training
shall be……………………………………………..
Article 5. Entry into force;
entities and persons that are responsible for implementing this decision./.
Recipients:
- As stated in Article 5;
- …………………;
- …………………;
- Archives ……….
.......(2)……..
(Signature and seal)
Full name
Notes:
...
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(2) Head of the entity authorized
to approve the joint training program;
(3) Head of the entity taking
charge of preparing this Decision;
(4) name of the Vietnamese Party
participating in the joint education;
(5) Number and code of the legal
document indicating the legal personality of the Vietnamese educational
institution, issue date and name of the issuing authority;
(6) Name of the Foreign Party;
(7) Number and code of the legal
document indicating the legal personality of the foreign partner, the issue
date and name of the issuing authority;
(8) Requirements concerning
eligible candidates, levels of enrolled students, foreign language competency
and other requirements;
(9) Study period (academic year or
semester), joint training form, method and duration of the joint training
program;
(10) Teaching language used;
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(12) Number of student to be
enrolled in each course and number of courses/year;
(13) Joint training address;
(14) Name of graduation
qualification and the educational institution conferring graduation
qualification;
(15) Level of tuition fee (for the
entire course or specific academic years) and financing sources (if any);
(16) Name of the Vietnamese
educational institution and name of the foreign educational institution;
(17) Name of the report-receiving
entity;
(18) Assigned entity.
Form
No.11
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…………….,
date (dd/mm/yyyy)……..
APPLICATION
FOR EXTENSION (OR MODIFICATION) OF COOPERATION WITH A FOREIGN PARTNER
……
(1) ……
Dear
…… (2) ……
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ………………………………(3)................................................
- Head office:
........................................................................................................................
- Telephone number:
...........................................................................................................
- Fax: ..................................................................................................................................
...
...
...
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Foreign Party:
…………………………………(4)............................................................
- Head office:
.........................................................................................................................
- Telephone number:
...........................................................................................................
- Fax:
...................................................................................................................................
- Website:
............................................................................................................................
Have already obtained permission
for participation in the educational cooperation …….(1)... according to the
Decision No. :…………….(5)..........................
We are seeking .... (2)...’s
approval for extension of cooperation to …………….
Request details and reasons: ...............................................................................................
We shall undertake to:
...
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2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Review report on the joint
education program, enclosing documents evidencing preparation for and conduct
of cooperation activities during the allowed period;
2. Cooperation agreement (contract)
remaining valid between participating parties (English and Vietnamese versions);
3. Recommendations about
information to be modified (if any) that are included in the Decision on
approval for the joint education and explanations given.
VIETNAMESE
PARTY
(Signature
and stamp)
Full name
FOREIGN
PARTY
...
...
...
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Notes:
(1) Specify the targeted training
discipline and level (if any);
(2) Entity authorized to approve
the cooperation;
(3) Name of Vietnamese educational
institution;
(4) Name of the foreign educational
institution;
(5) Number and code of the Decision
on approval for the joint education, date and name of the entity in charge of
issuance thereof.
Form
No.12
SOCIALIST
REPUBLIC OF VIETNAM
...
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…………….,
date (dd/mm/yyyy)……..
APPLICATION
FOR TERMINATION OF JOINT TRAINING OR COOPERATION IN ADMINISTERING TESTS FOR
CERTIFICATION OF FOREIGN LANGUAGE PROFICIENCY WITH A FOREIGN PARTNER.
Dear
……….(1)…………
We, the undersigned, who are
representatives of participating Parties, including:
Vietnamese Party ………………………………(2)................................................
- Head office:
........................................................................................................................
- Telephone number: ...........................................................................................................
- Fax:
..................................................................................................................................
- Website:
............................................................................................................................
...
...
...
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- Head office: ........................................................................................................................
- Telephone number:
...........................................................................................................
- Fax:
...................................................................................................................................
- Website:
............................................................................................................................
Have already obtained permission
for training cooperation/cooperation in organizing tests for certification of
foreign language competency with a foreign partner according to the Decision
No.: …………………..(4)……………………….
We are requesting .... (1)... to
approve termination of training cooperation/cooperation in organizing tests for
certification of foreign language competency with a foreign partner as
mentioned above from date (dd/mm/yyyy)…
Request reasons: ..............................................................................................................
Responsibilities of
participating parties upon termination of cooperation:……………………………….
We shall undertake to:
...
...
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2. Strictly comply with Vietnamese
domestic laws.
Attached documents, including:
1. Review report on the joint
education program, enclosing documents evidencing preparation for and conduct
of cooperation activities during the allowed period;
2. Cooperation agreement (contract)
remaining valid between participating parties (English and Vietnamese
versions);
3. Recommendations (if any) given
in the Decision on approval for the joint education and explanations for these
recommendations.
Vietnamese
Party
(Signature
and stamp)
Full name
Foreign
Party
...
...
...
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Notes:
(1) Name of the entity authorizing
cooperation;
(2) Name of Vietnamese educational
institution;
(3) Name of the foreign educational
institution;
(4) Number and code of the Decision
on approval for training cooperation/cooperation in organizing tests for
certification of foreign language competency, issue date and name of the
issuing authority.
Form
No.13
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………….,
date (dd/mm/yyyy)……..
...
...
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Dear
……………(1)………………
Investor’s name:
…………………………………………….(2)................................................
Investment Registration
Certificate/Business/Enterprise Registration Certificate No.:…issued by …on
(dd/mm/yyyy)…
submits the application for
permission for establishment of the foreign-invested educational institution
(or campus of the foreign-invested higher education institution), containing
the following main information:
1. Name of the educational
institution or campus of the educational institution:
Vietnamese name:
..........................................................................................................
Name written in a foreign language:
....................................................................................
Abbreviated name (if any):
...................................................................................................
2. Main office address:
.......................................................................................................
...
...
...
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4. Area of land to be occupied:
………………………. Construction area of land:……………
Facilities (created by construction
or leases):
.......................................................................
5. Scope of operation:
…………………………………(4).....................................................
6. Estimated enrollment scale and
candidates in the first 5-year period: ........................
7. Degree and other qualification
to be conferred:
................................................................
8. Lifetime:
.......................................................................................................
We are committed to strictly
complying with domestic laws of Vietnam related to foreign cooperation and
investment in the education sector.
We are looking forward to the
decision from…………(1)…………/.
...
...
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Investor’s
legal representative
(Signature,
stamp and full name)
Notes:
(1) Entity having authority to grant
permission for establishment of the educational institution or campus of the
educational institution;
(2) Written in capitals;
(3) Clearly specify portion of
capital contribution or borrowed fund;
(4) Clearly specify the scope of
operation corresponding to the respective type of the foreign-invested
educational institution or campus of the foreign-invested educational
institution submitting this application.
Form
No.14
...
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(or
the national official name and name of the economic organization, diplomatic
mission or inter-governmental organization applying for permission for
establishment of the foreign-invested educational institution)
…………….………..,
date (dd/mm/yyyy)…….
PROJECT
OF ESTABLISHMENT OF………. (name of the foreign-invested educational institution
or the campus of foreign-invested educational institution)
(This form contains the main part
to be used for reference purposes or applied to specific types of the
foreign-invested educational institution)
I. PREFACE
1. Proposition;
2. Legal bases.
II. NECESSITY OF ESTABLISHMENT
OF…
1. Necessity of establishment.
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3. Social impacts that the
educational institution have on the local area or region where it is located.
4. Overview of the project owner.
III. EDUCATIONAL INSTITUTION
(its name)
1. Name of the educational
institution in Vietnamese and a foreign language.
2. Address.
3. Construction site/leased project
site.
4. Objectives, functions and duties.
5. Scope of operation and
operational scale.
6. Degree/diploma/certificate/other
qualification: Sample graduation qualification, certificate/diploma to be
conferred and similarity between degree/diploma/certificate/other qualification
that the educational institution issues and that issued by others in the
Vietnamese national education system.
...
...
...
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1. Board of
trustees/directors/governing board...
2. Executive/Managing Board.
3. Faculties/subject groups/academic
divisions.
4. Functional units.
5. Sociopolitical associations.
V. REQUISITES FOR ESTABLISHMENT
1. Investment capital.
2. Land, facilities and equipment
created by investment or construction/leases.
3. Educational program.
...
...
...
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5. Syllabus, reference materials,
libraries and other amenities, etc.
VI. CONSTRUCTION AND DEVELOPMENT
SCHEME
1. Scheme for construction/hiring
of facilities (scale, size, items, technical, engineering solutions and steps
in implementation of such scheme).
2. Proposal for recruitment and
development of teaching staff/lecturers.
3. Budget for implementation of
such scheme.
VII. MEASURES FOR ASSURANCE OF
OPERATION OF THE EDUCATIONAL INSTITUTION
1. Legal bases.
2. Series of measures (in terms of
organization, administration, lecturing, training, students, scientific
researches, international cooperation, finance and quality assurance, etc.)
VIII. ASSESSMENT OF FINANCIAL
AND SOCIAL EFFECTIVENESS
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2. Assessment of economic and
social effectiveness.
IX. DIFFERENCE BETWEEN THE
EDUCATIONAL INSTITUTION (its name) AND OTHERS
X. CONCLUSIONS AND
RECOMMENDATIONS
XI. APPENDIX
Form
No.15
………(1)………
………(2)………
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.:
……..
...
...
...
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DECISION ON APPROVAL FOR ESTABLISHMENT…….. (3)
……..
……..
(4) …….
Pursuant to
…………………………………….…………(5)......................................... ;
Pursuant to
.......................................................................................................................
;
Pursuant to the Government’s Decree
No. /2018/ND-CP dated (dd/mm/2018) prescribing foreign cooperation in
investment in the education sector;
Upon the request of
…………………………….…………………….(6) .............................. ,
HEREBY
DECIDES
Article 1. Approval for
establishment: …………………………….(3)..................................
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Name written in a foreign
language:……………………………………………………………………………….
Main office's
address:…………………………………………………………………………..
Article 2. …………(3)………….. is
a foreign-invested educational institution with its own seal and account opened
at a bank in accordance with domestic laws of Vietnam.
Article 3. …………(3)…………..
must operate under laws on foreign cooperation and investment in the education
or ..............(7)............sector.
Article 4. Entry into force;
entities and persons that are responsible for implementing this decision./.
Recipients:
-
-
...
...
...
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(Signature,
stamp and full name)
Notes:
(1) Name of the governing entity
(if any);
(2) Name of the entity,
organization or state office holder issuing this Decision;
(3) Name of the foreign-invested
educational institution or the campus of foreign-invested educational
institution obtaining approval for its establishment;
(4) Head of the entity having
authority to make the decision on approval for establishment;
(5) Clarify direct legal bases for
issue of this Decision;
(6) Head of the entity submitting
this Decision;
(7) Clearly specify legal documents
corresponding to the respective type of the foreign-invested educational
institution or campus of the foreign-invested educational institution
submitting application for approval for its establishment.
...
...
...
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Form
No.16
………(1)………
………(2)………
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence
- Freedom - Happiness
---------------
No.:
……..
………..,
date (dd/mm/yyyy)……..
APPLICATION
FOR REGISTRATION OF OPERATION OF THE FOREIGN-INVESTED EDUCATIONAL INSTITUTION
Dear
……………..(3)………………..
...
...
...
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Vietnamese name:
............................................................................................................
Name written in a foreign language:
...................................................................................
Abbreviated name (if any):
..................................................................................................
Main office address:
.............................................................................................................
Tel: …………………………… Fax:
…………………………..Email:.......................................
established according to the
Decision No. …dated (dd/mm/yyyy)…
Submits the application for
registration for permission for educational operations, including the following
main details:
1. Legal representative of the
educational institution:
- Birth date: …………………………………….
Nationality:………………………
...
...
...
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- Date of issue:
……………………………………..Place of issue: ……………………………
- Registered temporary residence in
Vietnam:
...................................................................
2. Rector (Director) of the
educational institution:
- Birth date: …………………………………….
Nationality:………………………
- Number of passport (or ID
card):……………………………………………………………..
- Date of issue: …………………………Place of
issue: ………………………………………
- Registered temporary residence in
Vietnam:……………………………………………..
3. Operational location:
........................................................................................................
4. Contents of educational
operations: ................................................................................
...
...
...
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We shall undertake to:
- Assume entire responsibility for
authenticity and accuracy of information given in this Application and attached
documents.
- Strictly comply with domestic
laws of Vietnam related to foreign cooperation and investment in the education
sector.
Legal
representative of the foreign-invested educational institution
(Signature,
stamp and full name)
Attached documents:
-
-
...
...
...
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(1) Name of the governing entity
(if any);
(2) Name of the foreign-invested
educational institution;
(3) Name of the entity having authority
to grant permission for educational operation;
(4) Name of the foreign-invested
educational institution obtaining approval for its establishment in Vietnam.
Form
No.17
………(1)………
………(2)………
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.:
………/
...
...
...
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DECISION ON APPROVAL FOR PROVISION OF
EDUCATIONAL SERVICES… (3) …….
……..
(4) ……….
Pursuant to
…………………………………….…………(5)......................................... ;
Pursuant to
............................................................................................................................
;
Pursuant to the Government’s Decree
No. /2018/ND-CP dated (dd/mm/2018) prescribing foreign cooperation and
investment in the education sector;
Pursuant to
…………………………………….…………(6)......................................... ;
Upon the request of
…………………………………….(7).................................................. ,
HEREBY
DECIDES
...
...
...
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Vietnamese name:
.........................................................................................................
Name written in a foreign
language:……………………………………………………………………………….
Abbreviated name (if any):
...................................................................................................
Main office address:
...........................................................................................................
Tel: ………………………….. Fax: ………………………
Email:...........................................
Provide educational/training
services, including the following information:
1. Operational location:
.......................................................................................................
2. Contents of educational/training
services: ………………..(8)...........................................
3. Academic
qualification/certificates to be conferred
………………………(9).................................................
...
...
...
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Article 3. This Decision
shall enter into force from the signature date.
Article 4. Entities and
persons shall be responsible for implementing this decision./.
Recipients:
- As stated in Article 4;
-
-
- Archives ….
Signatory’s
powers and title
(Signature,
stamp and full name)
Notes:
(1) Name of the governing entity (if
any);
...
...
...
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(3) Name of the foreign-invested
educational institution or the campus of foreign-invested educational
institution;
(4) Head of the entity having
authority to make the decision on approval for provision of educational
services;
(5) Clarify direct legal bases for
issue of this Decision;
(6) Decision on establishment of
the educational institution. Clarify number, code, issue date and issuing
authority;
(7) Head of the entity taking
charge of submitting this Decision;
(8) Educational or training
services permitted to be provided;
(9) Clearly specify the type of
academic qualification/degree/diploma/certificate to be conferred.
Form
No.18
...
...
...
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(NATIONAL
OFFICIAL NAME/EMBLEM OF…) (1) ... if any)
---------------
No.:
………
………..,
date (dd/mm/yyyy)……..
APPLICATION
FOR APPROVAL FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE OF FOREIGN EDUCATION
INSTITUTION
……………………(1)……………………..
Dear
The Ministry of Education and Training,
Foreign educational organization or
institution: ……………………….(2)...............................
Established according to:
…………………………………………..(3)......................................
...
...
...
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Telephone: ……………………………………….
Fax:………………………………
E-mail:
……………………………………..Website:..............................................................
Scope of
operations:……………………………………………………………
.............................................................................................................................................
.............................................................................................................................................
Submits application for approval
for establishment of the educational representative office in Vietnam,
including the following details:
1. Representative office’s name:
Vietnamese name:
…………………………………………………(4).......................................
Name written in a foreign language:
.....................................................................................
...
...
...
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2. Address of the representative
office's headquarter: .......................................................................
.............................................................................................................................................
3. Representative office’s head:
Full name:
……………….………………..(5)…………………..Sex (Male, female): .............
Birth date (dd/mm/yyyy):…………………………….
Nationality: ............................................
Permanent residence in Vietnam:
…………………………… (6) ...........................................
............................................................................................................................................
Passport/ID card No.:
...................................................................................
Issued by: …………………………..on
(dd/mm/yyyy)…………………at: ................................
...
...
...
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.............................................................................................................................................
.............................................................................................................................................
5. Lifetime: .....................................................................................................
.............................................................................................................................................
We shall undertake to:
- Assume entire responsibility for
authenticity and accuracy of information given this Application and attached
documents;
- Strictly comply with all
regulations of Vietnamese laws related to representative offices of foreign
educational institutions in Vietnam and other regulations mentioned in the
License for establishment of the representative office.
...
...
...
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(Signature,
stamp and full name)
Attached documents, including:
-
-
Notes:
(1) Name of the foreign educational
institution;
(2) Write its name in capitals;
(3) Clearly clarify legal documents
confirming the legal personality of the foreign educational institution, issue
date and issuing authority;
(4) Write its name in capitals;
(5) Write its name in capitals;
(6) Clarify whether it has
registered the permanent residence in Vietnam or is going to reside in Vietnam.
...
...
...
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Form
No.19
MINISTRY
OF EDUCATION AND TRAINING
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence
- Freedom - Happiness
---------------
No.:
/QD-BGDDT
Hanoi,
date (dd/mm/yyyy) …….
DECISION
ON APPROVAL FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE OF FOREIGN EDUCATION
INSTITUTION …(1)…IN VIETNAM
MINISTER
OF EDUCATION AND TRAINING
...
...
...
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Pursuant to the Government's Decree
No. 69/2017/ND-CP dated May 25, 2017, defining the functions, tasks, powers and
organizational structure of the Ministry of Education and Training;
Pursuant to the Government’s Decree
No. /2018/ND-CP dated (dd/mm/2018) prescribing foreign cooperation in
investment in the education sector;
Upon the request of ………(1)………..for
approval for establishment of representative offices in Vietnam;
At the request of the Director of
the International Cooperation Department,
HEREBY
DECIDES
Article 1. Authorize ………(1)
....... headquartered in ………(2) ....... to establish its representative office
in Vietnam.
Transaction name in Vietnamese:
.........................................................................................
Transaction name written in a
foreign language: ..................................................................
Abbreviated name (if any):
.....................................................................................................
...
...
...
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Representative office’s head:
..............................................................................................
Full name:
………………………..(3)………………….Sex (Male/Female):………………..
Birth date
(dd/mm/yyyy):……………………………. Nationality: ............................................
Registered permanent residence in
Vietnam:……………………………………………..
Passport/ID card No.:
…………………….issued by……………..on (dd/mm/yyyy)…………….at……………….
Total number of staff members of
the representative office:……….persons.
Article 2. Scope of
activities:
.............................................................................................
...........................................................................................................................................
Article 3. The
representative office of ……….(1)……...in Vietnam shall be responsible for
strictly complying with Vietnamese domestic laws and carrying out regulations
applied to educational representative offices prescribed in the Government’s
Decree No. ..../2018/ND-CP regulating foreign cooperation and investment in the
education sector.
...
...
...
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Article 5. Entities and persons
shall be responsible for implementing this decision./.
Recipients:
- As stated in Article 5;
- Minister (for reporting purposes);
- PC of the city or province …(5)...;
- Department of Education and Training of the city or province ...(5)...;
- Depositories: Archives and International Cooperation Division.
PP.
MINISTER
DEPUTY
MINISTER
(OR
AUTHORIZED REPRESENTATIVE)
(Signature
and stamp)
Notes:
...
...
...
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(2) Full address of the foreign
educational institution applying for approval for establishment of the
representative office of the foreign educational institution in Vietnam;
(3) Written in capitals;
(4) Duration suggested by the
foreign educational institution;
(5) Name of the city/province where
the representative office is located.
Form
No.20
….(1)…..
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence
- Freedom - Happiness
---------------
...
...
...
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…
… …, date (dd/mm/yyyy) …….
APPLICATION
FOR REGISTRATION OF OPERATION OF THE REPRESENTATIVE OFFICE OF THE FOREIGN
EDUCATION INSTITUTION
Dear
…….(2)……..
The representative office of …….(3)……
in Vietnam has obtained establishment approval from the Ministry of Education
and Training according to the Decision No…….dated (dd/mm/yyyy) (please
enclosing the duplicate copy, including the following details:
1. The foreign educational
institution establishing its representative office in Vietnam:
Vietnamese name:
………………………………………..(2)...............................................
Name written in a foreign language:
.....................................................................................
Nationality:
……………………………………………………(3)................................................
...
...
...
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Tel: ……………………….. Fax: ………………………..
Email: ............................................
2. Representative office of the
foreign educational institution in Vietnam
Vietnamese name:
………………………………….(4)........................................................
Name written in a foreign language:
.....................................................................................
Abbreviated name (if any):
...................................................................................................
3. Address and contact
information of the representative office:
............................................................................................................................................
............................................................................................................................................
4. Staff members working for the
representative office
...
...
...
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Full name:
……………….………………..(5)…………………..Sex (Male, female): ....................
Birth date (dd/mm/yyyy):………………
Nationality:
...........................................................................................................................
Permanent residence in Vietnam:
.........................................................................................
Passport/ID card No.:
……………………………….issued by …………………………..on
(dd/mm/yyyy)…………………at.........................................
b) Number of staff members working
at the representative office: …….(6)………
5. Scope of activities:
............................................................................................................................................
............................................................................................................................................
...
...
...
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Recipients:
- As stated above;
- Depositories: ....
REPRESENTATIVE
OFFICE’S HEAD
(Signature
and stamp)
Notes:
(1) Name of the representative
office of the foreign educational institution in Vietnam;
(2) Department of Education and Training
of the city/province where the representative office is operated;
(3) The foreign educational
institution obtaining approval for establishment of its representative office
in Vietnam.
...
...
...
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Form
No.21
PC
OF THE CITY/PROVINCE…(1)…
DEPARTMENT OF EDUCATION AND TRAINING
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.:
………/
………….,
date (dd/mm/yyyy)……..
CERTIFICATE
OF REGISTRATION OF OPERATION OF THE REPRESENTATIVE OFFICE OF FOREIGN EDUCATION INSTITUTION
Registration
made for the…time (revised) on (dd/mm/yyyy)………
1. The foreign educational
institution establishing its representative office in Vietnam:
...
...
...
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Name written in a foreign language:
...................................................................................
Nationality:
…………………………………………..(3).........................................................
Main office address: ...........................................................................................................
Tel: ………………………… Fax: ………………………….
Email: .......................................
2. Representative office of the foreign
educational institution in Vietnam
Vietnamese name:
………………………………………(4)................................................
Name written in a foreign language:
....................................................................................
Abbreviated name (if any):
..................................................................................................
3. Address and contact
information of the representative office:
...
...
...
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............................................................................................................................................
4. Staff members working for the
representative office
a) Representative office’s head:
Full name:
……………….………………..(5)…………………..Sex (Male, female): ...............
Birth date (dd/mm/yyyy):………………
Nationality:
..........................................................................................................................
Permanent residence in Vietnam:
........................................................................................
Passport/ID card No.:
……………………………….issued by …………………………..on (dd/mm/yyyy)…………………at.........................................
b) Number of staff members working
at the representative office: …………. (6) .................
...
...
...
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............................................................................................................................................
............................................................................................................................................
6. Lifetime:
....................................................................................................
Recipients:
- ……………………;
- ……………………;
- Ministry of Education and Training;
- Depositories: Archives, …………..
DIRECTOR
(Signature,
stamp and full name)
Notes:
...
...
...
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(2) (4) (5) Written in capitals;
(3) Write the name of the country
whose laws govern establishment of the representative office of the foreign
educational institution;
(6) Number and structure of aliens
and Vietnamese persons working at the representative office.