Decree 124/2024/ND-CP amend 86/2018/ND-CP on foreign cooperation and investment in education

DECREE

On amending and supplementing a number of articles of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education

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Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Law on Higher Education dated June 18, 2012; Law on Amending and Supplementing a Number of Articles of the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the proposal of the Minister of Education and Training;

The Government promulgates the Circular on amending and supplementing a number of articles of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education

1. To amend and supplement a number of clauses of Article 2 as follows:

a) To amend and supplement Clause 4 Article 2 as follows:

“4. Joint education means the cooperation between a Vietnamese early childhood or general education institution and a foreign education institution or organization in order to provide an integrated education program.”

b) To add Clause 8 Article 2 as follows:

“8. Joint organization of examinations for the purpose of granting a foreign certificate of foreign-language proficiency means the cooperation between an education or training institution or organization that is legally established and operates in the field of education in Vietnam and an agency, organization or institution assessing foreign-language proficiency that is legally established and operates in a foreign country via a written agreement or cooperation contract to administer exams and issue foreign certificates of foreign-language proficiency in Vietnam.”

2. To add Clause 3 Article 4 as follows:

“3. Branch campuses of foreign higher education institutions in Vietnam must comply with and satisfy requirements for quality assurance and accreditation of organization performing accreditation of foreign higher education institutions establishing branch campuses.”

3. To add Clause 3 Article 5 as follows:

“3. After foreign investors contribute capital to, purchase shares or purchase stakes from education institutions or economic organizations, such education institutions or economic organizations must satisfy the market access conditions applicable to foreign investors as prescribed by the Law on Investment, the conditions for establishment of foreign-invested education institutions defined in Decree No. 86/2018/ND-CP, this Decree and conditions related to financial obligations regarding land rental for the remaining land lease term (if any), related taxes and charges as prescribed by the law on land during the operation implementation of the education institutions.”

4. To amend and supplement Article 6 as follows:

“Article 6. Entities eligible to engage in joint education

1. In Vietnam: Private early childhood education institutions and private general education institutions established and operating in Vietnam in which domestic investors invest funds and ensure operation conditions.

2. In foreign countries:

a) Education institutions legally established and operating abroad that have been operating for at least 05 years abroad until the date of dossier submission and have not violated the laws of the host country during their operation, provide direct teaching activities, possess a valid educational quality accreditation certificate or of which the educational quality has been recognized by a competent educational agency or organization of the host country;

b) Organizations providing the education programs that are legally established and operate abroad with the period of provision of early childhood or general education programs for at least 05 years until the date of submitting the dossier of application for joint education.”

5. To amend and supplement Point b Clause 1 Article 7 as follows:

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

6. To amend and supplement Clause 2 Article 14 as follows:

“2. To publicize sufficiently, accurately and clearly to students and their parents and on the education institution's website the information about education programs, accreditation results, number of foreign teachers, number of foreign students, methods of testing, evaluation of study results, other contents under relevant law regulations; and take full responsibility for the authenticity of such information.”

7. To amend and supplement Clause 1 Article 15 as follows:

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

a) Higher education institutions lawfully established and operating in Vietnam;

b) Higher education institutions lawfully established and operating abroad that satisfy Clause 3 Article 45 of the Law on Higher Education (amended and supplemented in 2018).”

8. To amend and supplement Clause 2 Article 17 as follows:

“2.  A foreign training program carried out in Vietnam must meet the following requirements:

a) It is a training program of a foreign higher education institution that is permitted by that country’s competent agency to use for training and granting degrees or of which a valid quality accreditation certificate has been issued by a legal accreditation organization;

b) It has no contents detrimental to national defense and security and public interests; neither propagate religions nor distort history; exert no bad impacts on culture, morality or fine traditions and customs of Vietnam.”

9. To amend and supplement a number of points, clauses and the title of Article 18 as follows:

a) To amend the title of Article 18 as follows:

“Article 18. Physical foundations, equipment and locations, teams of invigilators, supervisors and service staff”

b) To amend Point c Clause 1 Article 18 as follows:

“c) Training in Vietnam must be carried out at the Vietnamese education institution’s head office and branch campuses permitted by a competent agency;”

c) To amend Clause 2 Article 18 as follows:

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

a) The locations, physical foundations, equipment and staff serving the joint organization of examinations for the purpose of granting foreign certificates of foreign-language proficiency must ensure the safety and quality for the organization of the examinations;

b) Teams of invigilators, supervisors and service staff must be trained in the anti-fraud work in organization of exams; grant of certificates after training is not compulsory;

c) Plans and equipment for fraud prevention and control throughout the entire exam organization process must be prepared.”

10. To amend and supplement Clause 3 Article 20 as follows:

“3. The examinations and the evaluation of study results of learners applicable to subjects under online or blended teaching shall be carried out on the premises at the education institution in Vietnam participating in joint training, except for cases of natural disasters, epidemics and other force majeure events that make it impossible.”

11. To amend and supplement Article 22 as follows:

“1. The competence to approve joint training of bachelor, master and doctoral levels shall comply with Clause 4 and Clause 5, Article 45 of the Law on Higher Education (amended and supplemented in 2018) and Point e Clause 1 Article 13 of Decree No. 99/2019/ND-CP dated December 30, 2019 of the Government, on detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and relevant law regulations.

2. The Minister of Education and Training shall approve the joint organization of examinations for the purpose of granting foreign certificates of foreign-language proficiency.”

12. To add Clause 6 Article 28 as follows:

“6. Vietnam-based branch campuses of foreign higher education institutions.”

13. To amend and supplement a number of clauses of Article 29 as follows:

a) To amend and supplement Point c Clause 1 Article 29 as follows:

“c) For branch campuses of foreign-invested higher education institutions and Vietnam-based branch campuses of foreign higher education institutions, their names must contain the following components arranged in the following order: “Branch campus of” “name of the higher education institution” in “name of province or centrally-run city”.”

b) To amend and supplement Clause 2 Article 29 as follows:

“2. The name of a foreign-invested education institution shall be clear, transparent, and not cause misunderstanding about the organization and activities of the school; must not coincide or cause confusion with the name of a registered education institution, or the name of the enterprise that implement the investment project, or the name of a non-governmental organization; must not cause confusion about the class, rank, and contents of the education institution’s education program; shall not use the words or symbols that contradict the tradition, history, culture, ethics and customs of the Vietnamese people.”

14. To amend Clause 3 Article 31 as follows:

“3. The order for permitting the establishment of a foreign-invested early childhood education institution, general education institution or higher education institution, or a branch campus of foreign higher education institution are prescribed as follows:

a) Granting the investment registration certificate;

b) Issuing the decision of approval for the establishment;

c) Issuing the decision of approval for operation and posting the decision on the issuing agency’s website.”

15. To add Clause 8, Clause 9 Article 32 as follows:

“8. In case a foreign higher education institution establishes a number of branch campuses in provinces and cities of Vietnam, each branch campus must be established, operate, and exercise rights and obligations in accordance with Decree No. 86/2018/ND-CP and this Decree; the relationship between the branch campuses is decided by the foreign higher education institution that have invested in establishment of such branch campuses and is defined in the Regulations on organization and operation of each branch campus.”

9. A Vietnam-based branch campus of a foreign higher education institution may only grant diplomas and certificates of the foreign higher education institution investing in establishment of such branch campus.”

16. To amend and supplement a number of clauses of Article 33 as follows:

a) To amend and supplement Clause 1 Article 33 as follows:

“1. The grant of investment registration certificate for establishment of a foreign-invested early childhood education institution, general education institution or higher education institution, or a branch campus of foreign-invested higher education institutions, or a Vietnam-based branch campus of foreign higher education institution must meet the following requirements for planning:

a) For a higher education institution, branch campus of a foreign-invested higher education institution, or a Vietnam-based branch campus of foreign higher education institution: to comply with the master plan on the network of higher education institutions and pedagogical institutions under the 2012 Law on Higher Education, 2018 Law Amending and Supplementing a Number of Articles of the Law on Higher Education and the Law on Planning;

b) For a early childhood or general education institution: to comply with the provincial planning under the Law on Planning.”

b) To add Clause 3 Article 33 as follows:

“3. A foreign higher education institution investing in establishment of the branch campus in Vietnam must be established and operating lawfully in the host country and be among the top 500 higher education institutions in world university rankings in one of the last three years.”

17. To amend and supplement a number of clauses of Article 34 as follows:

a) To amend and supplement Clause 1 Article 34 as follows:

“1. For projects on establishment of higher education institutions of foreign-invested economic organizations, Vietnam-based branch campuses of foreign higher education institutions, the Ministry of Planning and Investment shall seek appraisal opinions from the Ministry of Education and Training and related agencies in order to summarize the appraisal opinions and propose the Prime Minister to decide on investment policy.”

b) To amend and supplement Clause 4 Article 34 as follows:

“4. The dossier, order and procedures for requesting for grant of investment registration certificate must comply with the Law on Investment. An investment project must comply with relevant regulations under the Law on Investment in case a change in the content of the investment project requires the implementation of procedures for adjustment of investment registration certificate or procedures for decision on adjustment of investment policy (if any).”

18. To amend and supplement a number of clauses of Article 35 as follows:

a) To amend and supplement Clause 2 Article 35 as follows:

“2. A project on investment in establishing a general education institution must have an investment unit of at least VND 50 million per student (excluding land use costs). The total minimum capital shall be calculated based on the time when the estimated education scale is greatest but must not be lower than VND 50 billion. By the time of appraising the application for educational operations, the investment value shall reach more than 50% of the total investment capital and the investor must commit the investment of sufficient capital within 05 years from the date the decision on approval for operation is issued.”

b) To add Clause 5a after Clause 5 Article 35 as follows:

“5a. A project on investment in establishing a Vietnam-based branch campus of a foreign higher education institution must have a minimum investment capital of VND 500 billion (excluding land use costs). By the time of appraisal for the establishment of the branch campus of the university, the executed investment value must surpass VND 250 billion.”

c) To amend and supplement Clause 6 Article 35 as follows:

“6. For a foreign-invested education institution of which the physical foundations are not newly built but are leased or contributed by the Vietnamese side as capital for operation, the investment capital must reach at least 70% of the levels specified in Clause 1, 2, 3, 4 and 5a of this Article. By the time of appraising the application for educational operations, the investment value shall reach more than 50% of the total investment capital and the investor must commit the investment of sufficient capital within 5 years from the date the decision on approval for operation is issued.”

19. To amend a number of clauses of Article 36 as follows:

a) To amend Point a Clause 1 Article 36 as follows:

“a) The light, desks, chairs, and teaching equipment and materials must be ensured at the request of education programs;”

b) To amend Points b, c, d and dd Clause 2 Article 36 as follows:

“b) The light, desks, chairs, and teaching equipment and materials must be ensured at the request of education programs;

c) Areas and equipment of the offices, rooms of managing boards, administration rooms, school clinics, security room and staff’s rooms, materials used for managing, taking care of and teaching children must be ensured at the request of education programs;

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

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

c) To amend Point c Clause 3 Article 36 as follows:

“c) There are offices, rooms of managing boards and teachers’ rooms, and meeting rooms;”

d) To amend and supplement Clause 4 Article 36 as follows:

“4. For a higher education institution, branch campus of a foreign-invested higher education institution, or a Vietnam-based branch campus of foreign higher education institution:”

dd) To amend Point a Clause 4 Article 36 as follows:

“a) The land area used for construction of foreign-invested higher education institutions must not be lower than the prescribed land area used for construction of higher education institutions invested by domestic investors and must ensure conditions for operations; the land area used for construction of branch campuses of foreign-invested higher education institutions and Vietnam-based branch campuses of foreign higher education institutions must not be lower than the prescribed land area for construction of branch campuses of higher education institutions invested by domestic investors and must ensure conditions for operations;”

20. To amend and supplement a number of clauses of Article 37 as follows:

a) To amend and supplement Clause 1 Article 37 as follows:

“1. A foreign education program carried out in Vietnam must meet the following requirements:

a) It has been recognized or accredited by foreign competent educational agencies or organizations on satisfaction of quality standards according to the criteria of the host country; it has been used for teaching directly for at least 05 years in the host country until the date of submission of the dossier for registration of operation; it has been approved for use in Vietnam by the foreign education institution or organization owning the education program;

b) The program has no contents detrimental to national defense and security and public interests; neither propagate religions nor distort history; exert no bad impacts on culture, morality or fine traditions and customs of Vietnam;

c) Ensuring transferability between education and training levels and transferability in case where the students change to study in public education institutions in accordance with the Ministry of Education and Training;

d) Goals of education of the foreign education program used for Vietnamese students must be consistent with Vietnam's goals of education and comply with Points a, b and c of this Clause.”

b) To amend and supplement Clause 3 Article 37 as follows:

“3. The Minister of Education and Training shall define compulsory contents of education and training, subjects applicable to Vietnamese citizens who study foreign training and education programs at the foreign-invested education institutions in Vietnam.”

21. To amend and supplement a number of clauses of Article 38 as follows:

a) To amend and supplement Clause 1 Article 38 as follows:

“1. For short-term education institutions:

a) The teachers shall have at least college degrees or equivalent in the profession suitable with the subjects that they teach in accordance with the Ministry of Education and Training;

b) The foreign teachers participating in teaching foreign languages shall have at least college degrees or equivalent and satisfy the requirements defined by the Ministry of Education and Training;

c) The maximum ratio of students to teacher is 25:1.”

b) To add Clause 5 Article 38 as follows:

“5. For a Vietnam-based branch campus of foreign higher education institutions;

a) Lecturers must have the qualifications in accordance with regulations of foreign higher education institutions investing in establishment of branch campuses but such qualifications must not be lower than Vietnam's standards for lecturers;

b) The ratio of students/lecturer, number of lecturers according to regulations of the foreign higher education institution investing in establishment of the branch campus.”

22. To amend and supplement Clause 1 Article 40 as follows:

“1. The Prime Minister shall decide on approval for the establishment of foreign-invested higher education institutions, or Vietnam-based branch campuses of foreign higher education institutions.”

23. To amend and supplement a number of clauses of Article 41 as follows:

a) To amend and supplement Point c Clause 1 Article 41 as follows:

“c) A certified true copy or a copy enclosed with the original for comparison of the written approval for establishment of education institution in the locality and the written approval of the principles for leasing land issued by the provincial-level People’s Committee of the locality where the education institution is expected to be located, or the agreement on principles for leasing land or available physical foundations in accordance with Clause 5 Article 36 of Decree No. 86/2018/ND-CP. In case the competent agency may exploit and share the data of the locality, the individual or organization does not have to provide this dossier component;”

b) To amend and supplement Points b and d, to add Point g Clause 2 Article 41 as follows:

“2. For a foreign-invested early childhood education institution, general education institution or higher education institution, or a Vietnam-based branch campus of foreign higher education institution, a dossier must comprise:

b) A certified true copy or a copy enclosed with the original for comparison of the investment registration certificate; In case the competent agency may exploit and share the data from the Ministry of Planning and Investment, individuals and organizations do not have to provide this dossier component;

d) A certified true copy or a copy enclosed with the original for comparison of the written approval for leasing land issued by the provincial-level People’s Committee, in cases of construction of the physical foundations, or agreement on principles for leasing available physical foundations in accordance with Clause 5, Article 36 of Decree No. 86/2018/ND-CP and other relevant legal papers. In case the competent agencies may exploit the data from databases of the localities or state agencies, individuals and organizations do not have to provide this dossier component;

g) For a dossier of request for approval of establishment of Vietnam-based branch campus of foreign higher education institution, the information about its ranking among the top 500 higher education institutions in world university rankings and a valid quality accreditation document of the foreign higher education institution requesting establishment of a branch campus or a competent foreign agency's document on approval of training and grant of diplomas are required.”

24. To amend and supplement Point a Clause 1 Article 42 as follows:

“a) Ministry of Education and Training, for dossiers of request for approval of establishment of foreign diplomatic missions and inter-governmental organizations requesting the approval of establishment of: higher education institutions, Vietnam-based branch campuses of foreign higher education institutions, early childhood education institutions and general education institutions;”

25. To amend a number of clauses of Article 43 as follows:

a) To amend and supplement Clause 2 Article 43 as follows:

“2. A certified true copy or a copy of enclosed with the original for comparison of the investment registration certificate involving the establishment of the branch campus. In case the competent agency may exploit such information from the Database of the Ministry of Planning and Investment or a state agency, the organization or individual does not have to provide this document.”

b) To amend and supplement Clause 6 Article 43 as follows:

“6. A certified true copy or a copy enclosed with the original for comparison of the written approval of lease of land for building the branch campus, or of the agreement on principles for leasing available physical foundations in conformity with Clause 5, Article 36 of this Decree No. 86/2018/ND-CP and other relevant legal papers. In case the competent agency may exploit such information from databases of the localities or state agencies, the individual or organization does not have to provide this document.”

26. To amend and supplement a number of clauses of Article 46 as follows:

a) To amend and supplement Clause 2 Article 46 as follows:

“2. A certified true copy or a copy enclosed with the original for comparison of the decision on approval for the establishment, for foreign-invested education institutions; or certified true copies or copies enclosed with the originals for comparison of the investment registration certificate and the enterprise registration certificate, for foreign-invested short-term training institutions. In case the competent agency may exploit such information from specialized databases or state agencies, the individual or organization does not have to provide this document.”

b) To add Clause 6 Article 46 as follows:

“6. A dossier for registration of educational operations by a early childhood education institution or general education institution providing a foreign education program to Vietnamese students must comprise the components defined in Clauses 1, 2, 3, 4 and 5 of this Article and the following documents:

a) Programs and contents of compulsory education;

b) Documents on recognition of the education quality from a competent educational agency or organization of the host country or a valid educational quality accreditation certificate granted by a legal educational quality accreditation organization of the host country for the foreign education program planned to be used for teaching Vietnamese students;

c) Documents proving that the education program has been used for teaching directly for at least 05 years in the host country until the date of dossier submission;

d) Document from foreign education institutions or organizations approving the use of foreign education programs in Vietnam.”

27. To amend and supplement Clause 1 Article 47 as follows:

“1. The Minister of Education and Training has the competence to permit educational operations of higher education institutions, branch campuses of foreign-invested higher education institutions, or Vietnam-based branch campuses of foreign higher education institutions.”

28. To amend and supplement a number of clauses of Article 48 as follows:

a) To amend and supplement Point a Clause 1 Article 48 as follows:

a) The Ministry of Education and Training, for dossiers for registration of educational operations of higher education institutions, branch campuses of foreign-invested higher education institutions, or Vietnam-based branch campuses of foreign higher education institutions;”

b) To add Clause 1a after Clause 1 Article 48 as follows:

“1a. For the dossiers of early childhood education institutions and general education institutions defined in Clause 2 and Clause 3 Article 28 of the Decree No. 86/2018/ND-CP, providing foreign education programs to Vietnamese students, provincial-level Departments of Education and Training shall send the documents and materials specified at Points a, b, c and d Clause 6 Article 46 of this Decree to the Ministry of Education and Training to seek opinions on the implementation of foreign education programs for Vietnamese students.”

c) To amend and supplement Clause 2 Article 48 as follows:

“2. From the date of receipt of complete dossiers as prescribed in Article 46 of Decree No. 86/2018/ND-CP and this Decree, within 30 days (for the dossiers of early childhood education institutions and general education institutions teaching foreign education programs to Vietnamese students) or 20 days (for the remaining cases), the dossier-receiving agencies shall assume the prime responsibility for, and coordinate with relevant agencies and units in, appraising the conditions according to regulations to submit to the competent authorities for consideration and grant of a decision on approval for operation, made using the Form No. 17 in the Appendix issued together with this Decree.

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

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

29. To amend Clause 5 Article 50 as follows:

“5. A dossier of request for resumption of educational operations must comprise:

a) A written request for approval of resumption of educational operations, made using Form No. 44 in the Appendix issued together with this Decree);

b) Report on the result of eliminating the violations that lead to the suspension (made using Form No. 50 in the Appendix issued together with this Decree).”

30. To amend and supplement a number of clauses of Article 51 as follows:

a) To amend and supplement Clause 1 Article 51 as follows:

“1. A person who has the competence to approve the establishment of a foreign-invested early childhood education institution, general education institution or higher education institution, or a branch campus of foreign-invested higher education institutions, or a Vietnam-based branch campus of foreign higher education institution shall also have the competence to dissolve such institution. Persons who have the competence to permit the operation of foreign-invested short-term training institutions also have the competence to terminate the operation of these institutions.”

b) To amend and supplement Point a and Point b Clause 2 Article 51 as follows:

“2. A foreign-invested education institution shall be dissolved in the following cases:

a) At the request for dissolution sent by the organization or person who established the foreign-invested education institution;

b) The institution seriously violates the law regulations or violates regulations on management, organization and operation of foreign-invested education institutions;”

c) To amend and supplement Point a Clause 4 Article 51 as follows:

“a) For dissolution of higher education institutions, branch campuses of foreign-invested higher education institutions, Vietnam-based branch campuses of foreign higher education institutions, early childhood education institutions and general education institutions established by foreign diplomatic missions and inter-governmental organizations, the investors shall send a dossier of request for dissolution directly or by postal service to the Ministry of Education and Training;”

31. To amend Clause 2 Article 58 as follows:

“2. Within 05 working days from the date of receiving a complete dossier as prescribed, the Ministry of Education and Training shall send the dossier to relevant agencies, units and localities for seeking opinions. The consulted agencies, units and localities shall be responsible for replying in writing within 15 working days from the date of receiving the written request. Within 05 working days from the date of receiving opinions of relevant agencies, units and localities, the Ministry of Education and Training shall decide to approve the establishment of a representative office of foreign education institution, made using Form No. 19 in the Appendix issued together with this Decree. If rejecting the establishment, the dossier-receiving agency shall issue a written reply, clearly stating the reason.”

32. To amend Clause 2 Article 59 as follows:

“2. A dossier for registration of the operation of a representative office of foreign education institution must comprise:

a) A written request for registration of the operation of a representative office, made using Form No. 20 in the Appendix issued together with this Decree;

b) A certified true copy or copy enclosed with the original for comparison of the decision on approval for the establishment of the representative office. In case the competent agency may exploit and share data from specialized databases, the individual or organization does not have to provide this dossier component;

c) The document appointing the chief of the representative office and his/her curriculum vitae;

d) Curriculum vitae of personnel working at the representative office;

dd) Documents proving the specific location of the representative office.”

33. To amend and supplement a number of contents of Point b, Point c Clause 4 Article 60 as follows:

a) To amend and supplement Points b and c Clause 4 Article 60 as follows:

“b) The original or a copy (certified true copy or copy enclosed with the original for comparison) of the decision on approval for the establishment of the representative office.  In case the competent agency may exploit and share the data of the localities or a specialized database, the individual or organization does not have to provide this dossier component;

c) The original or a copy (certified true copy or copy enclosed with the original for comparison) of the operation registration certificate of the representative office if its operation has been registered; In case the competent agency may exploit and share data of the localities or a specialized database, the individual or organization does not have to provide this dossier component;”

b) To amend and supplement Clause 5 Article 60 as follows:

“5. Within 05 working days from the date of receiving a complete dossier, the competent authority shall consider it and seek opinions of relevant agencies and units. The consulted agencies and units shall be responsible for replying in writing within 10 working days from the date of receiving the written request. Within 05 working days after receiving opinions of relevant agencies and units, the competent authority shall decide the approval for the modification or extension of the decision on approval for the establishment of the representative office of foreign education institution. If rejecting the modification or extension, the dossier-receiving agency shall issue a written reply, clearly stating the reason.”

34. To amend and supplement Point c Clause 3 Article 61 as follows:

“c) Within 05 working days from the date of receiving a complete dossier as prescribed, the Ministry of Education and Training shall send the dossier to relevant agencies, units and localities for seeking opinions. The consulted agencies, units and localities shall be responsible for replying in writing within 10 days from the date of receiving the written request. Within 05 working days from the date of receiving opinions of relevant agencies, units and localities, the Ministry of Education and Training shall consider and decide the approval for operation termination of the representative office. If finding a dossier invalid as defined, within 5 working days after receiving it, the dossier-receiving agency shall send a written notice thereof directly, by postal service, via the online public service portal or via email to the concerned education organization or institution.”

35. To amend and supplement Clause 1 Article 65 as follows:

“1. People's Committees of provinces and centrally-run cities shall, within the scope and power assigned, take responsibility for managing, examining, inspecting and evaluating the results of cooperation and investment activities in the field of education; resolving complaints and denunciations, commendation, and handling violations according to their competence in such field at the localities.”

36. To add Article 65a after Article 65 as follows:

“Article 65a. Reporting regime

1. Report on the implementation of joint education by academic year.

a) Contents of a report: General situation of implementation of joint education contents, rights and obligations of parties to the joint education; number of teachers, clearly stating number of teachers holding foreign citizenship; implementation of regulations on management of foreigners; difficulties and obstacles; suggestions and proposals (if any);

b) Subjects of implementation, report-receiving agencies, reporting process: Education institutions in Vietnam engaged in joint education shall send their reports to the provincial-level Departments of Education and Training;

c) Reporting period: On an annual basis;

d) Methods of sending and receiving reports: Education institutions in Vietnam engaged in joint education shall send their reports to the provincial-level Departments of Education and Training by postal service or directly or online;

dd) Period for closing report data: From October 01 of the year preceding the reporting period to September 30 of the reporting year;

e) Time limit for sending reports: Before October 31 every year;

g) Report outline form: using the Form No. 32 in the Appendix issued together with this Decree;

h) Report data sheet: using the Form No. 33 in the Appendix issued together with this Decree.

2. Report on joint training.

a) Contents of a report: General situation of implementation of joint training contents, rights and obligations of parties to the joint training; number of teachers, clearly stating number of teachers holding foreign citizenship; implementation of regulations on management of foreigners; difficulties and obstacles; suggestions and proposals (if any);

b) Subjects of implementation, report-receiving agencies, reporting process: Higher education institutions in Vietnam engaged in joint training shall send their reports to the Ministry of Education and Training;

c) Reporting period: On an annual basis;

d) Methods of sending and receiving reports: Higher education institutions in Vietnam engaged in joint training shall send their reports to the Ministry of Education and Training by postal service or directly or online;

dd) Period for closing report data: From October 01 of the year preceding the reporting period to September 30 of the reporting year;

e) Time limit for sending reports: Before October 31 every year;

g) Report outline form: Using the Form No. 34 in the Appendix issued together with this Decree;

h) Report data sheet: Using the Form No. 35 in the Appendix issued together with this Decree.

3. Report on the joint organization of examinations for the purpose of granting a foreign certificate of foreign-language proficiency.

a) Contents of a report: General situation of implementation of concerned contents, rights and obligations of parties to the joint organization; difficulties and obstacles; suggestions and proposals (if any);

b) Subjects of implementation, report-receiving agencies, reporting process: Education institutions or organizations in Vietnam engaged in joint organization of examinations for the purpose of granting a foreign certificate of foreign-language proficiency shall send their reports to the Ministry of Education and Training;

c) Reporting period: On an annual basis;

d) Methods of sending and receiving reports: Education institutions or organizations in Vietnam engaged in joint organization of examinations for the purpose of granting a foreign certificate of foreign-language proficiency shall send their reports to the Ministry of Education and Training by postal service or directly or online;

dd) Period for closing report data: From December 01 of the year preceding the reporting period to November 30 of the reporting year;

e) Time limit for sending reports: Before December 15 every year;

g) Report outline form: Using the Form No. 36 in the Appendix issued together with this Decree;

h) Report data sheet: Using the Form No. 37 in the Appendix issued together with this Decree.

4. Report on the comprehensive development of early childhood education institutions and general education institutions providing foreign education programs

a) Contents of a report: General situation of implementation of contents stated in the decision on approval for educational operations, organizational structure, number of teachers, clearly stating number of teachers holding foreign citizenship, implementation of regulations on management of foreigners, rate of learners holding Vietnamese citizenship; organization of examinations of compulsory subjects/contents as defined and the results of such examinations; the graduation rates, the issued certificates; difficulties and obstacles; suggestions and proposals (if any);

b) Subjects of implementation, report-receiving agencies, reporting process: Early childhood education institutions and general education institutions providing foreign education programs shall send their report to the provincial-level Departments of Education and Training;

c) Reporting period: On an annual basis;

d) Methods of sending and receiving reports: Early childhood education institutions and general education institutions providing foreign education programs shall send their reports to the provincial-level Departments of Education and Training by postal service or directly or online;

dd) Period for closing report data: From October 01 of the year preceding the reporting period to September 30 of the reporting year;

e) Time limit for sending reports: Before October 31 every year;

g) Report outline form: Using the Form No. 38 in the Appendix issued together with this Decree;

h) Report data sheet: Using the Form No. 39 in the Appendix issued together with this Decree.

5. Report on operation of Vietnam-based representative offices of foreign education institutions

a) Contents of a report: General situation of implementation of contents stated in the decision on approval for operation; difficulties and obstacles; suggestions and proposals (if any);

b) Subjects of implementation, report-receiving agencies, reporting process: Vietnam-based representative offices of foreign education institutions shall send their reports to provincial-level Departments of Education and Training;

c) Reporting period: On an annual basis;

d) Methods of sending and receiving reports: Vietnam-based representative offices of foreign education institutions shall send their reports to provincial-level Departments of Education and Training by postal service or directly or online;

dd) Period for closing report data: From December 01 of the year preceding the reporting period to November 30 of the reporting year;

e) Time limit for sending reports: Before December 15 every year;

g) Report outline form: Using the Form No. 40 in the Appendix issued together with this Decree;

h) Report data sheet: using the Form No. 41 in the Appendix issued together with this Decree.

6. Report on implementation of foreign cooperation and investment in education.

a) Contents of a report: General situation of implementation of foreign cooperation and investment in education in the locality; difficulties and obstacles; suggestions and proposals (if any);

b) Subjects of implementation, report-receiving agencies, reporting process:  People's Committees of provinces and centrally-run cities shall send their reports to the Ministry of Education and Training and the Ministry of Planning and Investment;

c) Reporting period: On an annual basis;

d) Methods of sending and receiving reports: People's Committees of provinces and centrally-run cities shall send their reports to the Ministry of Education and Training and the Ministry of Planning and Investment by postal service or directly or online;

dd) Period for closing report data: From December 01 of the year preceding the reporting period to November 15 of the reporting year;

e) Time limit for sending reports: Before November 30 every year;

g) Report outline form: Using the Form No. 42 in the Appendix issued together with this Decree;

h) Report data sheet: Using the Form No. 43 in the Appendix issued together with this Decree.”

37. To amend Forms No. 01, 03, 04, 05, 06, 08, 10, 11, 12, 13, 14, 15, 17, 19 of Decree No. 86/2018/ND-CP; to add Forms No. 22 to No. 58 in the Appendix issued together with this Decree to a number of articles, clauses, and points of Decree No. 86/2018/ND-CP, specifically as follows:

Form No. 22 applies to Clause 6 Article 51; Form No. 23 applies to Clause 3 Article 49; Form No. 24 applies to Clause 7 Article 50; Form No. 25 applies to Point c Clause 6 Article 25; Form No. 26 applies to Point d Clause 7 Article 26; Form No. 27 applies to Point b Clause 2 Article 23; Form No. 28 applies to Point c Clause 6 Article 25; Form No. 29 applies to Point d Clause 7 Article 26; Form No. 30 applies to Clause 5 Article 60; Form No. 31 applies to Clause 5 Article 61; Form No. 45 applies to Point a Clause 3 Article 51; Form No. 46 applies to Clause 2 Article 49; Form No. 47a applies to Point b Clause 3 Article 12; Form No. 47b applies to Point b Clause 5 Article 25; Form No. 49 applies to Point a Clause 2 Article 9; Form No. 51 applies to Point dd Clause 1 Article 9; Form No. 52 applies to Point b Clause 3 Article 51; Form No. 53 applies to Point b Clause 1 Article 54; Form No. 54 applies to Point c Clause 1 Article 54; Form No. 55 applies to Point d Clause 1 Article 54; Form No. 56 applies to Point a Clause 3 Article 61; Form No. 57 applies to Point b Clause 3 Article 61; Form No. 58 applies to Clause 5 Article 60.

Article 2. Adding, replacing, repealing some words and phrases in a number of articles of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education

1. To add, replace, repeal some words and phrases in a number of articles of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education.

a) To add the phrase “or via the online public service portal” after the word “post” at Point b Clause 1, Point b, Point d Clause 2 Article 10; Point b Clause 4 Article 12; Point c Clause 5 Article 13; Point a Clause 1, Point a, Point b and Point c Clause 2 Article 23; Clause 1, Point b Clause 6 Article 25; Point c Clause 7 Article 26; Clause 1 Article 42; Point a Clause 2 Article 44; Clause 1 Article 48; Point a, Point b Clause 4 Article 51; Clause 1 Article 58;

b) To replace the word “post” with the phrase “postal service” at Point b, Point d Clause 1, Point b, Point d Clause 2 Article 10; Point b, Point c Clause 4 Article 12; Point c Clause 5 Article 13; Point a, Point c Clause 1, Point a, Point b, Point c Clause 2 Article 23; Clause 1, Point b, Point d Clause 6 Article 25; Point c Clause 7 Article 26; Clause 1, Point b, Point d Clause 2 Article 42; Point a, Point b, Point e Clause 2 Article 44; Article 48; Clause 3 Article 49; Clause 7 Article 50; Clause 4 Article 51; Clause 1, Clause 3 Article 58; Clause 4 Article 59; Clause 6 Article 60; Point c Clause 3 Article 61.

2. To repeal some clauses in a number of articles of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education: Clause 5 Article 14; Point e Clause 1 Article 21; Clause 3, Clause 4 Article 27; Clause 6 Article 32; Point dd Clause 2 Article 52; Clause 2 Article 65.

Article 3. Effect

1. This Decree takes effect on November 20, 2024.

2. Transitional provisions:

a) Early childhood education institutions and general education institutions specified in Clause 2 and Clause 3 Article 28 of Decree No. 86/2018/ND-CP that currently use foreign education programs to teach Vietnamese students shall not re-implement the procedures for registration of educational operations, but must supplement and complete their dossiers as specified in Clause 6 Article 46 of this Decree and send them to the provincial-level Departments of Education and Training within 06 months from the effective date of this Decree;

b) Early childhood education institutions and general education institutions specified in Clause 2 and Clause 3 Article 28 of Decree No. 86/2018/ND-CP that are carrying out procedures for registration of educational operations but have not yet been granted a license by a competent agency must supplement and complete their dossiers for registration of educational operations as prescribed in Clause 6 Article 46 of this Decree;

c) Early childhood education institutions and general education institutions specified in Clause 2 and Clause 3 Article 28 of Decree No. 86/2018/ND-CP that switch from Vietnamese education programs to foreign education programs for Vietnamese students must comply with Article 46 of Decree No. 86/2018/ND-CP and this Decree;

d) For an education institution that has been granted an investment and operation license before this Decree takes effect but has not yet been granted a decision on approval for establishment and a decision on approval for operation, if it fully meet the requirements on establishment, operation and quality assurance requirements prescribed in Decree No. 86/2018/ND-CP and this Decree, within 01 year from the effective date of this Decree, the investor must choose the form of education institution as prescribed in Decree No. 86/2018/ND-CP and this Decree, complete the dossier, and send it to the Ministry of Education and Training for submitting it to the Prime Minister for promulgation of a decision on approval for establishment; the Ministry of Education and Training shall issue a decision on approval for operation.

Such a dossier must comprise:

An official dispatch for request (made using the Form No. 48 in the Appendix issued together with this Decree);

A certified true copy or a copy enclosed with the original for comparison of the investment registration certificate;

A certified true copy or a copy enclosed with the original for comparison of the written approval for land lease or facility lease;

The educational quality accreditation certificate or a document on recognition of the education quality from a competent agency, enclosed with the dossier for educational quality accreditation;

Regulation on organization and operation of the education institution.

dd) For an education institution that has been granted an investment and operation license before this Decree takes effect but fails to fully meet the requirements on establishment, operation and quality assurance requirements prescribed in Decree No. 86/2018/ND-CP and this Decree, the investor must complete the investment-related procedures in accordance with the Law on Investment, the procedures for approving establishment and procedures for approving operation of education institution in accordance with Decree No. 86/2018/ND-CP and this Decree.

If the education institution is not granted an investment certificate as defined by the Law on Investment within 01 year from the effective date of this Decree, it must stop enrollment.

Within 05 years from the effective date of this Decree, if the education institution is not granted a decision on approval for establishment and a decision on approval for operation, it must cease its operations and be responsible for ensuring the legitimate rights of learners, teachers, managers, employees and other obligations and responsibilities as prescribed by law regulations.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities and related organizations, individuals shall take responsibility for the implementation of this Decree.

* All Appendices are not translated herein.