Circular 04/2020/TT-BGDDT detailing Decree 86/2018/ND-CP on foreign cooperation in education

CIRCULAR

Detailing a number of articles of the Government’s Decree No. 86/2018/ND-CP of June 6, 2018, on foreign cooperation and investment in education^[1]

Pursuant to the Government’s Decree No. 69/2017/ND-CP of 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. 86/2018/ND-CP of June 6, 2018, on foreign cooperation and investment in education;

At the proposal of the Director of the International Cooperation Department;

The Minister of Education and Training promulgates the Circular detailing a number of articles of the Government’s Decree No. 86/2018/ND-CP of June 6, 2018, on foreign cooperation and investment in education.

Article 1.Scope of regulation and subjects of application

1. This Circular details a number of articles of the Government’s Decree No. 86/2018/ND-CP of June 6, 2018, on foreign cooperation and investment in education (below referred to as Decree No. 86/2018/ND-CP), including the integration of Vietnamese education programs with foreign ones; and compulsory education and training contents for Vietnamese citizens learning at foreign-invested early childhood education institutions, general education institutions and higher education institutions.

2. This Circular applies to Vietnamese and foreign education institutions and organizations and individuals engaged in foreign cooperation and investment in education in Vietnam.

Article 2.Principles of integration of education programs

The integration of education programs must comply with Articles 6 thru 8 of Decree No. 86/2018/ND-CP and the following regulations:

1. Ensuring scientificity, rationality, feasibility and suitability to practical conditions in Vietnam.

2. Contents and duration of an integrated education program must be tailored to the psycho-physiology of pupil and student ages and fine traditions and customs of Vietnam; and implemented without gender, ethnicity, religion or social status discrimination.

3. Integrated education programs must have orientations on methods and forms of education and evaluation of education results, which serve as a basis for the formulation of school education plans.

4. Integrated education programs must regulate implementation conditions, including organization and management of program implementation; administrators, teachers and staffs; and education physical facilities and equipment.

Article 3.Integration of early childhood education programs

1. An integrated education program shall be built on the basis of a Vietnamese early childhood education program supplemented with development aspects or areas (below collectively referred to as development areas) and education contents and activities of a foreign early childhood education program which are not available in the Vietnamese early childhood education program; and integrate development areas included in both programs to ensure objectives of Vietnamese and foreign education programs.

2. The integration of programs shall be carried out according to children’s development areas or groups of development areas on the basis of taking education contents and activities of development areas of either of the two programs to supplement education contents and activities of development areas of the other program, in which such contents or activities are not available, to ensure objectives of development areas of both programs.

3. Papers and documents explaining the integration of early childhood education programs include:

a/ An education plan clearly stating development areas and education activities; teaching duration and language;

b/ A written comparison of developmental areas, education contents and activities of the two education programs to be integrated.

Article 4.Integration of general education programs

1. An integrated education program shall be built on the basis of a Vietnamese general education program, supplemented with learning subjects and education activities (below collectively referred to as subjects) of a foreign general education program which are not available in the Vietnamese general education program; and integrate subjects included in both programs to ensure objectives of Vietnamese and foreign general education programs.

2. The integration of programs shall be carried out according to subjects or groups of subjects on the basis of using curricula of subjects or groups of subjects of either of the two programs to supplement contents of subjects or groups of subjects of the other program, in which such subjects or groups of subjects are not available, to ensure objectives of subjects or groups of subjects of both programs.

3. Papers and documents explaining the integration of general education programs include:

a/ An education plan clearly stating subjects or groups of subjects; teaching duration and language;

b/ A written comparison of curricula of subjects or subject groups of the two education programs to be integrated.

Article 5.Appraisal and approval of integrated education programs

1. Appraisal council:

a/ An appraisal council for integrated education programs shall be established under a decision of the Minister of Education and Training. An appraisal council shall be responsible for appraisal contents and quality and request the Minister of Education and Training to approve integrated education programs;

b/ An appraisal council shall be composed of a chairperson, a vice chairperson, a secretary and members who are researchers, early childhood or general education specialists, teachers of early childhood or general education institutions, lecturers of teacher training institutions and representatives of related organizations. The number of appraisal council members must be odd and at least 7 (seven);

c/ An appraisal council shall be established within 5 (five) working days after the Ministry of Education and Training receives a complete dossier requesting approval of integrated education programs. An appraisal council shall dissolve after completing its tasks.

2. Criteria for an appraisal council member:

a/ Having good professional, ethical and ideological qualifications; being physically fit and having time to participate in program appraisal;

b/ Possessing a university or higher degree; having specialized knowledge about education science and corresponding early childhood or general education programs; having foreign language qualifications, ensuring comprehension of corresponding foreign early childhood or general education programs;

c/ Those who are engaged in the formulation of an integrated education program being considered for approval may not participate in the appraisal of such program.

3. Tasks, powers and working principles of appraisal councils:

Tasks, powers and working principles of appraisal councils must comply with Articles 9 and 10 of the Minister of Education and Training’s Circular No. 14/2017/TT-BGDDT of June 6, 2017, promulgating the Regulation on standards for and process of development and revision of general education programs; and organization and operation of the national council for appraisal of general education programs.

4. Appraisal process:

a/ At least 7 (seven) working days before the first meeting of an appraisal council is held, the draft integrated education program (below referred to as the draft) shall be sent to members of the council. Members of the appraisal council shall read and study the draft and make comments on the draft according to the requirements prescribed in Articles 2, 3 and 4 of this Circular;

b/ The appraisal council shall hold meetings for discussions on the draft under Articles 2, 3 and 4 of this Circular;

c/ Members of the appraisal council shall evaluate  the draft as “pass”, “pass but need some modifications,” or “fail”;

- The draft shall be evaluated as “pass” if appraisal results obtained under Articles 2, 3 and 4 of this Circular are all evaluated as “pass”;

- The draft shall be evaluated as “pass but need some modifications” if appraisal results under Articles 2, 3 and 4 of this Circular are evaluated as “pass” or “pass but need some modifications”;

- The draft shall be evaluated as “fail” in all other cases;

d/ The appraisal council shall evaluate the draft:

- In case at least 3/4 (three quarters) of total members of the appraisal council vote for the draft evaluated as “pass”, the draft shall be sent to the appraisal-organizing agency for submission to the Minister of Education and Training for consideration and decision on approval;

- In case at least 3/4 (three quarters) of total members of the appraisal council vote for the draft evaluated as “pass” and “pass but need some modifications”, the draft shall be revised on based on comments of the appraisal council. The draft with modified or reserved contents, together with explanations for reserved contents, shall be sent to the appraisal council for re-appraisal. The re-appraisal process must comply with Points a, b and c of this Clause;

- The draft shall be evaluated as “fail” in all other cases;

dd/ During the appraisal process, when necessary, the appraisal council may propose the appraisal-organizing unit to seek professional opinions of related agencies, organizations and individuals;

e/ Within 5 (five) working days from the date the meeting of the appraisal council is held, the chairperson of the appraisal council shall submit appraisal results to the Minister of Education and Training.

5. Organization of appraisal:

The Early Childhood Education Department, Primary Education Department or Secondary Education Department shall, within the ambit of its functions and tasks, assume the prime responsibility for, and coordinate with related units in, assisting the Minister of Education and Training in organizing appraisal and performing the following tasks:

a/ Proposing the list of members of appraisal council;

b/ Guiding the appraisal council in fulfilling appraisal purposes and requirements;

c/ To receive and deliver the draft program to every member of the appraisal council; to receive dossiers and proposals and recommendations of the appraisal council for submission to the Minister of Education and Training for consideration and decision;

d/ To submit to the Minister of Education and Training for consideration and decision the approval of integrated education programs;

dd/ To archive the draft and minutes of meetings of the appraisal council and relevant documents during the process of appraisal for handover  to the archival unit of the Ministry of Education and Training in accordance with law after the appraisal council fulfills its tasks.

Article 6.Compulsory education contents for Vietnamese citizens learning at foreign-invested early childhood or general education institutions

Vietnamese citizens learning foreign education programs at foreign-invested early childhood or general education institutions shall learn Vietnamese language development education contents, and Vietnamese and Vietnamese studies programs, specifically as follows:

1. For children of early childhood education institutions: To learn Vietnamese language development education contents.

a/ Objectives: To help children acquire vocabulary and be able to use Vietnamese language appropriately for their age; be able to listen, speak and use Vietnamese language in daily communication and become familiar with reading and writing in Vietnamese language;

b/ Duration: At least twice a week, 25-35 minutes each time.

2. For primary school students: To learn Vietnamese and Vietnamese studies programs.

a/ Contents of Vietnamese programs:

- Objectives: To help students acquire and develop vocabulary and skills of using Vietnamese language (listening, speaking, reading and writing) to learn and communicate appropriately for their age; and provide students with initial knowledge about Vietnamese language, culture and people;

- Duration: At least 140 minutes per week, applicable to all grades of primary education;

b/ Contents of Vietnamese studies:

- Objectives: To help students understand main events, prominent historical figures and fine traditions, customs and practices of the country and people of Vietnam; to acquire simple understanding of Vietnam’s geographical position, territory, territorial sea, sea and islands, climate, rivers, mountains, natural resources and minerals, through which students may deepen their love for their homeland and country and national pride;

- Duration: At least 70 minutes per week, applicable to grades 4 and 5.

3. For lower and upper secondary school students: To study the contents of Vietnamese studies.

a/ Objectives: To provide general, basic, modern and systematic knowledge about Vietnam’s history, geography, culture, traditions, customs and practices. To foster students’ love for their homeland and country, their national pride and respect for historical heritages of the nation and ancestors’ heroic tradition in the course of building and defending the country. To concurrently develop such necessary qualities of citizens as positive social attitude, sense of responsibility towards the community, love for labor, compassionate and disciplined lifestyle, respect for and abidance with law, sense of national self-reliance and readiness to take part in national building, defense and development;

b/ Duration: At least 90 minutes per week, applicable to lower and upper secondary grades.

4. To encourage foreign-invested early childhood and general education institutions to teach Vietnamese and Vietnamese studies programs in Vietnamese or foreign languages ​​for foreign students.

Article 7.Organization of teaching, examination and evaluation of compulsory education contents at foreign-invested early childhood and general education institutions

1. Education institutions shall compile teaching materials of compulsory education contents under Article 6 of this Circular and report them to provincial-level Education and Training Departments before implementation.

2. The organization of teaching of compulsory education programs for learners being Vietnamese citizens must ensure that:

a/ Teachers are Vietnamese who satisfy the criteria prescribed by Vietnamese law;

b/ The language used in teaching activities is Vietnamese.

3. The examination and evaluation of learning results of compulsory education contents for learners being Vietnamese citizens must comply with Article 6 of this Circular.

Article 8.Compulsory subjects for Vietnamese citizens learning at foreign-invested higher education institutions

1. Vietnamese citizens enrolled under for-degree training programs of foreign-invested higher education institutions in Vietnam shall learn compulsory subjects under general regulations applicable to higher education institutions of Vietnam.

2. Foreign-invested higher education institutions shall consider and recognize learning results for students who have learned compulsory subjects at the same level at other higher education institutions lawfully operating in Vietnam.

3. The organization of teaching and learning of compulsory subjects at foreign-invested higher education institutions must comply with current regulations.

Article 9.Rights of Vietnamese citizens learning at foreign-invested early childhood or general education institutions

Vietnamese citizens learning at foreign-invested early childhood and general education institutions where teachings or lectures are provided under foreign education programs approved by Vietnamese authorities may be transferred to learn at early childhood and general education institutions where teachings or lectures are provided under Vietnamese education programs upon demand. Early childhood and general education institutions shall receive and decide on transferal learning of students based on results of direct evaluation of their competency.

Article 10.Implementation provisions

1. This Circular takes effect on May 5, 2020.

2. The Chief of the Office, Director of the International Cooperation Department, and heads of related units of the Ministry of Education and Training; directors of provincial-level Education and Training Departments; directors of general universities and academies; rectors of universities and related organizations and individuals shall implement this Circular.-

For the Minister of Education and Training
Deputy Minister
NGUYEN VAN PHUC