THE MINISTRY OF EDUCATION AND TRAINING No. 34/2014/TT-BGDDT | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness Hanoi, October 15, 2014 |
CIRCULAR
Guiding the implementation of a number of articles of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education[1]
Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No. 32/2008/ND-CP of March 19, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;
Pursuant to the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Education Law; and the Government’s Decree No. 31/2011/ND-CP of May 11, 2011, amending and supplementing a number of articles of the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Education Law;
Pursuant to the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, 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 guiding the implementation of a number of articles of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education, as follows:
Article 1. Scope of regulation and subjects of application
1. This Circular guides the implementation of a number of articles of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education (below referred to as Decree No. 73/2012/ND-CP), covering quality accreditation of joint training programs and foreign-invested education institutions in Vietnam; compulsory education programs and subjects for Vietnamese citizens studying at foreign-invested education institutions; disciplines and specializations permitted for cooperation and investment; calculation of full-time equivalent learners and minimum investment capital for short-term training and retraining institutions and implementation of transitional provisions.
2. This Circular does not govern foreign cooperation and investment in vocational training under the state management of the Ministry of Labor, War Invalids and Social Affairs.
3. This Circular applies to organizations and persons involved in foreign cooperation and investment in education and training in Vietnam.
Article 2. Education quality accreditation
1. Vietnamese education institutions, foreign education institutions engaged in joint training with Vietnamese education institutions, and foreign-invested education institutions in Vietnam shall comply with current regulations on education quality accreditation standards, process and cycle for universities, colleges, professional secondary schools, general education institutions, continuing education institutions and preschool education institutions promulgated by the Minister of Education and Training; or comply with regulations of international quality accreditation organizations recognized by Vietnam.
2. The Education Quality Examination and Accreditation Department of the Ministry of Education and Training shall annually publish and update the list of international quality accreditation organizations recognized by Vietnam on the website of the Ministry of Education and Training.
Article 3. Enrollment of Vietnamese pupils at multi-level general schools
1. Foreign-invested multi-level general schools prescribed in Clause 3, Article 21 of Decree No. 73/2012/ND-CP are those having two or more of the following educational levels: preschool education (if any), primary education, lower secondary education and upper secondary education.
2. Foreign-invested multi-level general schools may enroll Vietnamese pupils in accordance with Article 24 of Decree No. 73/2012/ND-CP.
3. A Vietnamese citizen whose parent is a foreigner may be admitted to a foreign-invested school like foreign pupils.
Article 4. Compulsory education programs for Vietnamese citizens studying at foreign-invested general education institutions
1. For primary education
Vietnamese citizens who study at a foreign-invested primary school or primary education at a foreign-invested multi-level general school shall learn the Vietnamese language program and Vietnam studies program, specifically as follows:
a/ For the Vietnamese language program
- Objectives: To help pupils form and develop a vocabulary and skills to use Vietnamese (listening, speaking, reading and writing) for learning and communication suitable to their age; to provide pupils with primary knowledge about Vietnamese and Vietnamese culture and people.
- Time volume: At least 140 minutes/week, from grades 1 through 5.
b/ For the Vietnamese studies program
- Objectives: To help pupils basically know about typical historical events and figures and traditions and fine customs and practices of the country and people of Vietnam; and generally know about the geographical position, territory, territorial sea, sea, islands, climate, rivers, mountains, natural resources and minerals of Vietnam to cultivate pupils’ love for their native land and country and their national pride.
- Time volume: At least 70 minutes/week, from grade 4 to grade 5.
2. For secondary education
- Vietnamese citizens who study at foreign-invested lower or upper secondary schools or lower or upper secondary education at foreign-invested multi-level general schools shall learn the Vietnamese studies program to acquire general, basic, up-to-date and systematic knowledge about the history, geography, culture, traditions, customs and practices of Vietnam.
- Objectives: To foster pupils’ love for their native land and country, national pride and respect for national historical heritages and ancestors’ heroic tradition in the national building and defense. To concurrently develop necessary qualities of a citizen: positive attitude towards the society, sense of responsibility for the community, love for labor, altruistic and disciplined lifestyle, respect for and compliance with law, sense of national self-reliance, and readiness to build, defend and develop the country.
- Time volume: At least 90 minutes/week, for grades at lower and upper secondary education levels.
Article 5. Organization of teaching, exams and evaluation at foreign-invested general education institutions
1. Teaching of the compulsory education program for Vietnamese citizens must satisfy the following conditions:
a/ Teachers are Vietnamese and fully satisfy criteria prescribed by Vietnamese law;
b/ Using teaching materials compiled by the Ministry of Education and Training or by education institutions on the basis of the Vietnamese language and Vietnamese studies programs prescribed in Article 4 of this Circular and approved by provincial-level Education and Training Departments;
c/ The language of teaching is Vietnamese.
2. Exams and evaluation of learning results of compulsory education programs for Vietnamese citizens must be based on the objectives and standard knowledge and skills of the general education program promulgated by the Minister of Education and Training.
3. Foreign-invested general education institutions are encouraged to teach the Vietnamese language program and Vietnamese studies program in Vietnamese or in foreign languages for their foreign pupils.
Article 6. Rights of Vietnamese citizens studying at foreign-invested general education institutions
1. Vietnamese citizens studying at foreign-invested general education institutions which teach foreign education programs approved by competent Vietnamese agencies may shift to study at general education institutions teaching the Vietnamese education program. General education institutions shall receive and decide on the shift of pupils based on direct evaluation of pupils’ capability.
2. Vietnamese citizens studying at foreign-invested general education institutions in Vietnam who hold foreign upper secondary education diplomas registered with the Ministry of Education and Training may be admitted to Vietnamese professional secondary schools or higher education institutions under current regulations.
Article 7. Compulsory subjects for Vietnamese citizens studying at foreign-invested professional secondary schools, colleges and universities and programs on joint training with foreign parties
1. For foreign-invested professional secondary schools
a/ When organizing training under foreign programs for grant of diplomas to learners, foreign-invested professional secondary schools shall teach Law as a compulsory subject. The teaching of this subject must comply with the Minister of Education and Training’s regulations applicable to Vietnamese professional secondary schools. The mark of the compulsory subject shall be shown in the transcripts of pupils;
b/ Learners of foreign-invested professional secondary schools are exempted from the compulsory subject prescribed at Point a, Clause 1 of this Article if they produce transcripts proving that they have completed that subject at a training institution of professional secondary level or a higher education institution lawfully operating in Vietnam.
2. For foreign-invested colleges and universities
a/ When organizing training under foreign programs for grant of diplomas to learners, foreign-invested colleges and universities shall organize the teaching of the compulsory subjects according to regulations applicable to Vietnamese schools;
b/ Learners of foreign-invested colleges and universities are exempted from the compulsory subject prescribed at Point a, Clause 2 of this Article if they produce certificates or transcripts proving that they have completed this subject at another college or university lawfully operating in Vietnam.
3. Learners of joint training programs between Vietnamese or foreign-invested professional secondary schools, colleges, universities or academies and foreign education institutions with diplomas granted by foreign parties are not required to learn the compulsory subjects prescribed in Clauses 1 and 2 of this Article.
Article 8. Disciplines and specializations permitted for foreign cooperation and investment for professional secondary schools, colleges and universities
1. Foreign-invested professional secondary schools, colleges and universities in Vietnam may open training programs on disciplines and specializations on the list of disciplines and specializations for professional secondary, collegial, bachelor, master and doctoral degree training according to current regulations of the Minister of Education and Training, except security, national defense, politics and religion-related disciplines and specializations.
2. The conditions, procedures and licensing competence to open training programs on disciplines and specializations of foreign-invested professional secondary schools, colleges and universities in Vietnam must comply with current regulations applicable to Vietnamese schools.
3. Foreign professional secondary schools, colleges and universities; Vietnamese professional secondary schools and higher education institutions; foreign-invested professional secondary schools, colleges and universities in Vietnam may enter into joint training in disciplines and specializations of professional secondary, collegial, bachelor, master and doctoral degree training on the list prescribed by the Minister of Education and Training applicable to Vietnamese education institutions, except security, national defense, politics and religion-related disciplines and specializations.
4. The Minister of Education and Training may license joint training in or opening of new training programs on disciplines and specializations outside the promulgated list of disciplines and specializations on the basis of considering the necessity of those disciplines or specializations for human resource development and socio-economic development requirements of the country. In this case, a joint training dossier or dossier of request for opening a training program on a discipline or specialization must additionally comprise:
a/ A document identifying the human resource need and training objectives meeting that need approved by the science and training council of the education institution;
b/ Training practices and experiences of a number of countries, enclosed with the training programs of at least 2 foreign education institutions, whose quality has been accredited or recognized by competent authorities, for reference.
Article 9. Provisions on foreign language level in joint training in foreign language discipline
Vietnamese and foreign joint training parties shall reach agreement on input foreign language level requirements, justify their training objectives and quality assurance and submit plans on joint training with foreign parties to competent authorities for approval.
Article 10. Calculation of numbers of full-time equivalent learners and minimum investment capital for short-term training and retraining institutions
1. The calculation of numbers of full-time equivalent learners aims to determine the minimum investment capital of a project and applies only to short-term training and retraining institutions.
2. The number of full-time equivalent learners shall be calculated according to the following formula:
a/ Conversion for short-term retraining course i:
Ki | = | Number of (periods x classes) of course i | x | 20 learners |
1,152 periods |
In which:
- Ki is the number of full-time equivalent learners of short-term retraining course i.
- Number of (periods x classes) of course i = (Total number of classes of course i) x (Number of periods of course i).
- 1,152 periods is the number of periods of a full-time class in a school year (calculated on an average of 6 periods/day with conventional 6 learning days/week and 32 learning weeks/year).
- 20 learners is the average number of learners/class generally required for short-term training or retraining courses.
b/ Total number of full-time equivalent learners
Total number of full-time equivalent learners = ∑ Ki with I = 1,2,…, n
In which n is the number of short-term retraining courses in a school year.
Example: At the time of having the largest training scale, the education institution plans to open 2 retraining courses/year, specifically as follows:
- Course 1: Total number of periods is 200, with 8 classes.
- Course 2: Total number of periods is 250, with 10 classes.
The conversion is as follows:
- Course 1: [(200 periods x 8 classes) : 1,152 periods] x 20 learners/class = 28 learners
- Course 2: [(250 periods x 10 classes) : 1,152 periods] x 20 learners/class = 43 learners
Total number of full-time equivalent learners is 71 (28+43).
3. The calculation of minimum investment capital based on the number of full-time equivalent learners at the time of having the largest training scale and the minimum investment rate must comply with Clause 3, Article 28 of Decree No. 73/2012/ND-CP.
Example: Using the example given in Clause b, Point 2 of this Article, the minimum investment capital of the training and retraining institution at the time of establishment must be:
71 (learners) x VND 20 million = VND 1.42 billion
In case the education institution does not build new physical foundations but rents physical foundations or has them contributed as capital by the Vietnamese party for operation, the minimum investment capital will be VND 0.994 billion (reaching at least 70% of the rate prescribed in Clause 8, Article 28 of Decree No. 73/2012/ND-CP).
The above minimum investment capital does not include land use expenses.
4. In the course of training, short-term training and retraining institutions shall adjust the number of learners admitted to different training courses matching their registered minimum investment capital and investment roadmap.
Article 11. Guidance on forms of joint training dossiers, foreign-invested education institutions and representative offices
1. For joint training with foreign parties
The written approval of a joint training project for grant of diplomas under the approving competence prescribed at Point a, d or dd, Clause 2, Article 16 of Decree No. 73/2012/ND-CP must comply with Form No. 1 attached to this Circular.
2. For foreign-invested education institutions
a/ The license for establishment of a foreign-invested education institution under the licensing competence prescribed in Clause 2,4 or 5, Article 39 of Decree No. 73/2012/ND-CP must comply with Form No. 2 attached to this Circular;
b/ The license for educational operation under the licensing competence prescribed in Clause 1, 3 or 4, Article 49 of Decree No. 73/2012/ND-CP must comply with Form No. 3 attached to this Circular.
3. For foreign education representative offices
The operation registration certificate prescribed in Clause 3, Article 62 of Decree No. 73/2012/ND-CP must comply with Form No. 4 attached to this Circular.
Article 12. Implementation of transitional provisions on enrollment of Vietnamese pupils and teaching of foreign programs
1. Vietnamese children and pupils who are admitted to foreign-invested preschool and general education institutions for foreign children and pupils before the effective date of this Circular may continue their study at these institutions.
2. Foreign-invested general education institutions which were licensed by competent agencies to teach foreign programs or bilingual programs for Vietnamese pupils on a trial basis before the effective date of Decree No. 73/2012/ND-CP may continue their teaching according to the licensing document.
Article 13. Implementation of transitional provisions on establishment of education institutions and opening of branches of education institutions
1. Foreign-invested education institutions and their branches obtaining an investment certificate cum business registration certificate and an educational operation license before the effective date of Decree No. 73/2012/ND-CP are not subject to re-consideration and approval under the conditions prescribed in Article 36 or 41 of Decree No. 73/2012/ND-CP but shall supplement the following documents to carry out the licensing procedures:
a/ A written request for establishment of the education institution;
b/ Certified copies of the investment certificate cum business registration certificate and the modified investment certificate (if any) together with the approved plan;
c/ The valid educational operation license;
d/ A report on the investment project implementation according to the registered investment contents of the investment certificate;
dd/ A report on implementation of educational activities in the last 3 years.
2. Investors shall make 6 sets of dossier, including 1 original, and submit them to the dossier-receiving agencies prescribed in Articles 38 and 43 of Decree No. 73/2012/ND-CP.
3. Within 20 working days, dossier-receiving agencies shall appraise dossiers and propose competent authorities prescribed in Article 39 of Decree No. 73/2012/ND-CP to issue decisions on establishment of foreign-invested education institutions or opening of branches of foreign-invested education institutions.
4. Dossier-processing agencies shall not require investors to satisfy any conditions other than those prescribed in Clauses 1 and 2 of this Article.
Article 14. Inspection, examination, and handling of violations
Foreign-invested education institutions and foreign education representative offices shall submit to the management, supervision and periodical and extraordinary inspection and examination by Vietnamese state management agencies of education and training.
Organizations, individuals, foreign-invested education institutions and foreign education representative offices that violate the law on education shall be handled in accordance with current law, depending on the nature and severity of their violation.
Article 15. Implementation provisions
1. This Circular takes effect on December 1, 2014.
2. To annul regulations which are contrary to this Circular.
3. The Chief of the Office, the 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, heads of district-level Education and Training Divisions and related organizations and persons shall implement this Circular.-
For the Minister of Education and Training
Deputy Minister
BUI VAN GA
* All the forms attached to this Circular are not translated.
Vietnamese
Circular 34/2014/TT-BGDĐT DOC (Word)
Circular 34/2014/TT-BGDĐT PDF (Original)
Circular 34/2014/TT-BGDĐT ZIP (Word)
