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

DECREE

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

Pursuant to the June 14, 2019 Education Law;

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

Pursuant to the June 17, 2020 Investment Law;

Pursuant to the June 17, 2020 Law on Enterprises;

At the proposal of the Minister of Education and Training;

The Government promulgates the Decree amending and supplementing 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. To amend and supplement 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)

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 education institution or general education institution and a foreign education institution or organization to implement an integrated education program.”

b/ To add Clause 8 to Article 2 as follows:

“8. Joint organization of exams for issuance of foreign-language proficiency certificates of foreign countries means the cooperation between an education and training institution or an organization lawfully established and operating in the field of education in Vietnam with an agency, organization or establishment engaged in foreign-language proficiency assessment that is lawfully established and operates in a foreign country through a written agreement or joint contract to organize exams for issuance of foreign-language proficiency certificates in Vietnam of foreign countries.”

2. To add Clause 3 to Article 4 as follows:

“3. The branch of a foreign higher education institution in Vietnam must comply with, and satisfy, requirements on assurance and accreditation of education quality of the organization conducting the accreditation of the foreign higher education institution establishing the branch.”

3. To add Clause 3 to Article 5 as follows:

“3. After a foreign investor contributes capital to, or purchases shares or purchases capital contributions from, an education institution or economic organization, the education institution or economic organization must satisfy the market access conditions applicable to foreign investors as prescribed by the Investment Law, the conditions for establishing foreign-invested education institutions specified in Decree No. 86/2018/ND-CP, and this Decree, and conditions related to financial obligations regarding land rental for the remaining land lease period (if any), and related taxes and fees as prescribed by the land law during the implementation of the education institution’s operations.”

4. To amend and supplement Article 6 as follows:

“Article 6. Entities eligible for joint education

1. Vietnamese partners: private early childhood education institutions, and private general education institutions invested by domestic investors, meeting conditions for operation, and established and operating in Vietnam.

2. Foreign partners:

a/ Education institutions lawfully established and operating in foreign countries, having been operating for at least 5 years in foreign countries by the date of application submission, and not violating the laws of the host countries during the process of operation, directly providing teaching, having a valid certificate of education quality accreditation or being recognized in terms of education quality by a foreign competent education agency or organization;

b/ Organizations providing educational programs that are lawful established and operate in foreign countries, and have been operating in the fields of early childhood education or general education for at least 5 years by the date of submitting dossiers 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 meet the quality requirements of the foreign education program; not require learners to re-study the same content of knowledge, ensure its stability until the end of the educational level and permeability between educational levels for the interests of students, ensure voluntary participation of students and not cause overload for them;”

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

“2. To sufficiently, accurately and clearly provide to students and their parents and publish on education institutions’ websites the information about educational programs and accreditation results, number of foreign teachers, number of foreign students, methods of testing and assessment of learning outcomes, and other contents according to relevant laws; to be held responsible for the accuracy 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 doctoral levels

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

b/ Higher education institutions lawfully established and operating in foreign countries that meet the conditions specified in Clause 3, Article 45 of the Law on Higher Education (revised in 2018).”

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

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

a/ Being a training program of a foreign higher education institution that is licensed by a competent authority of that country to provide training and grant degrees, or having a valid quality accreditation certificate issued by a lawful quality accreditation organization;

b/ Not containing a content that is detrimental to national defense and security and public interests; not spreading religions or distorting history; not negatively affecting the culture, ethics, and 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, locations, invigilators, supervisors and service staff”

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

“c/ Training activities in Vietnam must be carried out at the head offices and branches of Vietnamese education institutions licensed by competent agencies;”

c/ To amend Clause 2, Article 18 as follows:

“2. For organization of exams for issuance of foreign-language proficiency certificates of foreign countries

a/ The location, physical foundations, equipment and staff serving the joint organization of exams for issuance of foreign-language proficiency certificates of foreign countries must ensure safety for, and quality of, the organization of the exams;

b/ Invigilators, supervisors and service staff must be trained and coached in fraud combat in exam organization; training is not necessarily accompanied with issuance of certificates;

c/ It is required to have plans and equipment to ensure fraud prevention and control throughout the exam organization process.”

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

“3. The testing, examination, and assessment of learners’ learning outcomes for subjects which are taught by online or blended mode must be organized in a centralized manner by in-person mode at the Vietnamese partner participating in joint training, except in cases of disasters or epidemics, and other force majeure events where it is impossible to organize the testing, examination, and assessment of learners’ learning outcomes in a centralized manner by in-person mode at the Vietnamese partner participating in joint training.”

11. To amend and supplement Article 22 as follows:

“1. The competence to approve joint training with foreign partners at the bachelor’s, master’s and doctoral levels must comply with Clauses 4 and 5, Article 45 of the Law on Higher Education (revised in 2018) and at Point e, Clause 1, Article 13 of the Government’s Decree No. 99/2019/ND-CP of December 30, 2019, 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 laws.

2. The Minister of Education and Training shall approve joint organization of exams for issuance of foreign-language proficiency certificates of foreign countries.”

12. To add Clause 6 to Article 28 as follows:

“6. Branches of foreign higher education institutions in Vietnam.”

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 branches of foreign-invested higher education institutions and branches of foreign higher education institutions in Vietnam, the name of such a branch must consist of the following constituent elements arranged in the following order: “Branch of” “name of the higher education institution” at “name of the province/centrally run city.”

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

“2. The proper name of a foreign-invested education institution must be clear, transparent, and not cause misunderstanding about the organization and activities of the education institution; and must not be identical to or confusingly mistaken with the name of a registered education institution, the name of an investment project enterprise, or the name of a non-governmental organization; not cause confusion about the level, rank and content of the educational program of the education institution; and not use words or symbols that violate the historical traditions, culture, ethics and fine traditions and customs of the Vietnamese nation.”

14. To amend Clause 3, Article 31 as follows:

“3. The grant of permission for establishment of a foreign-invested early childhood education institution, general education institution or higher education institution, or a branch of a foreign higher education institution shall be carried out in the following order:

a/ Issuing an investment registration certificate;

b/ Issuing a decision permitting the establishment;

c/ Issuing a decision permitting the operation and making an announcement on the website of the licensing agency.”

15. To add Clauses 8 and 9 to Article 32 as follows:

“8. In case a foreign higher education institution establishes a number of branches in provinces and cities of Vietnam, each branch shall be established, operate, and exercise rights and perform obligations according to Decree No. 86/2018/ND-CP and this Decree; the relationship between the branches shall be decided by the foreign higher education institution establishing the branches and stipulated in the Regulation on organization and operation of each branch.”

9. Branches of foreign higher education institutions in Vietnam may only grant degrees and certificates of these foreign higher education institutions.”

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 issuance of investment registration certificates for establishment of foreign-invested early childhood education institutions, general education institutions and higher education institutions, branches of foreign-invested higher education institutions, and branches of foreign higher education institutions in Vietnam must meet the following planning requirements:

a/ For higher education institutions, branches of foreign-invested higher education institutions and branches of foreign higher education institutions in Vietnam: To conform with the master plan on the network of higher education institutions and teachers’ institutions as prescribed in the 2012 Law on Higher Education, the 2018 Law Amending and Supplementing a Number of Articles of the Law on Higher Education, and the Planning Law;

b/ For early childhood education institutions and general education institutions: To conform with provincial master plans as prescribed in the Planning Law.”

b/ To add Clause 3 to Article 33 as follows:

“3. Foreign higher education institutions establishing branches in Vietnam must be those lawfully established and operating in foreign countries, belonging to the group of top 500 higher education institutions in the World’s University Rankings in one of the most recent 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 to establish higher education institutions of foreign-invested economic organizations and branches of foreign higher education institutions in Vietnam, the Ministry of Planning and Investment shall seek appraisal opinions from the Ministry of Education and Training and related agencies for synthesis and submission to the Prime Minister for decision on investment policy.”

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

“4. The dossier, order and procedures for applying for an investment registration certificate must comply with the Investment Law. Investment projects must go through procedures prescribed by the Investment Law when there is a change in the content of the investment projects, requiring the implementation of procedures for modification of the investment registration certificates or procedures for deciding on adjustment of the 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. An investment project to establish a general education institution must have an investment unit cost of at least VND 50 million/student (exclusive of land use costs). The total minimum investment capital shall be calculated based on figures for the time the project reaches its highest expected scale but must not be lower than VND 50 billion. By the time of appraisal for grant of permission for education operation, the value of invested items must surpass 50% of the total investment capital and the investor must commit to investing sufficient capital in the project within 5 years from the date of obtaining the decision permitting education operation.”

b/ To add Clause 5a below Clause 5, Article 35 as follows:

“5a. An investment project to establish a branch of a foreign higher education institution in Vietnam must have a minimum investment capital of VND 500 billion (exclusive of land use costs). By the time of appraisal for grant of permission for establishment of the branch, the value of invested items must surpass VND 250 billion.”

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

“6. For a foreign-invested education institution that does not build new physical foundations but only rents or uses physical foundations contributed as capital by the Vietnamese partner for operation, the investment level must reach at least 70% of the level specified in Clause 1, 2, 3, 4 or 5a of this Article. By the time of appraisal for grant of permission for education operation, the value of invested items must surpass 50% of the total investment capital and the investor must commit to investing sufficient capital in the project within 5 years from the date of obtaining the decision permitting education operation.”

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

a/ To amend Point a, Clause 1, Article 36 as follows:

“a/ Ensuring lighting and having desks, chairs, and teaching equipment and aids according to the requirements of the educational program;”

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

“b/ Ensuring lighting and having desks, chairs, and teaching equipment and aids according to the requirements of the educational program;

c/ Having a school’s office, an office of the board of directors, an administration room, a school clinic, a security room and staff’s rooms with suitable area, equipment and utensils for managing, taking care of, nurturing and teaching children according to the requirements of the educational program;

d/ Having a clean water system, a water drainage system, and rest rooms with safe and clean equipment, meeting requirements for all school activities;

dd/ Having the school’s kitchen organized according to the one-way operation process with suitable equipment and utensils meeting food safety and hygiene requirements, if preparing meals for children;

c/ To amend Point c, Clause 3, Article 36 as follows:

“c/ Having a school’s office, an office of the board of directors, a teachers’ room, and a meeting room;”

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

“4. For higher education institutions, branches of foreign-invested higher education institutions, and branches of foreign higher education institutions in Vietnam:”

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

“a/ The land area for construction of foreign-invested higher education institutions must not be smaller than the law-specified land area for construction of higher education institutions invested by domestic investors and must satisfy conditions for operation; the land area for construction of branches of foreign-invested higher education institutions and branches of foreign higher education institutions in Vietnam must not be smaller than the law-specified land area for construction of branches of higher education institutions invested by domestic investors and must satisfy conditions for operation;”

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 educational program implemented in Vietnam must meet the following requirements:

a/ Being recognized or accredited by a competent education agency or organization of the host country as meeting the host country’s quality standards; having been used directly for teaching for at least 5 years in the host country by the date of submission of the application for registration of operation; being approved for use in Vietnam by the foreign education institution or organization that owns the educational program;

b/ Not containing a content that is detrimental to national defense or security, or public interests; not spreading religions or distorting history; not negatively affecting the Vietnamese culture, ethics, and fine traditions and customs;

c/ Ensuring permeability between educational levels, permeability between training levels and permeability when students move to public education institutions according to regulations of the Ministry of Education and Training;

d/ Ensuring educational objectives in consistency with Vietnam’s educational objectives and meeting the requirements specified at Points a, b and c of this Clause, when being taught to Vietnamese students.”

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

“3. The Minister of Education and Training shall prescribe compulsory subjects and contents of education and training for Vietnamese citizens studying foreign education and training programs at 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 training and further training institutions:

a/ Teachers must have a college degree or equivalent or higher degree in the disciplines relevant to the subjects they teach according to regulations of the Ministry of Education and Training;

b/ Foreign teachers teaching foreign-language skills must have a college degree or equivalent or higher degree and meet the requirements prescribed by the Ministry of Education and Training;

c/ The maximum student-teacher ratio is 25.”

b/ To add Clause 5 to Article 38 as follows:

“5. For branches of a foreign higher education institution in Vietnam:

a/ Lecturers must possess qualifications according to the regulations of the foreign higher education institution which, however, must not be lower than Vietnam’s standards on lecturers;

b/ The student-lecturer ratio and number of lecturers must comply with the regulations of the foreign higher education institution.”

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

“1. The Prime Minister shall decide to permit the establishment of foreign-invested higher education institutions and branches of foreign higher education institutions in Vietnam.”

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 copy or a copy enclosed with the original for collation of the document approving the establishment of the education institution in the locality and the in-principle approval of land lease of the provincial-level People’s Committee of the locality where the education institution is expected to be established or an in-principle agreement on lease of land or available physical foundations in compliance with Clause 5, Article 36 of Decree No. 86/2018/ND-CP. Such paper shall not be required in case competent agencies can exploit and share data from local databases;”

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

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

b/ A certified copy or a copy enclosed with the original for collation of the investment registration certificate. Such paper shall not be required in case competent agencies can exploit and share data from the database of the Ministry of Planning and Investment;

d/ A certified copy or a copy enclosed with the original for collation of the written approval of land lease of the provincial-level People’s Committee in case of construction of physical foundations or an in-principle agreement on lease of available physical foundations in compliance with Clause 5, Article 36 of Decree No. 86/2018/ND-CP and related legal papers. Such paper shall not be required in case competent agencies can exploit data from local databases or databases of state agencies;

g/ For the dossier of application for grant of permission to establish a branch of a foreign higher education institution in Vietnam, it is required to supplement information on the ranking of the education institution in the group of the world’s top 500 universities, the valid quality accreditation certificate of the applying foreign higher education institution or a foreign authority’s document permitting the education institution to conduct training and grant degrees.”

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

“a/ The Ministry of Education and Training, for dossiers of application for grant of permission to establish: higher education institutions and branches of foreign higher education institutions in Vietnam, early childhood education institutions, and general education institutions, submitted by foreign diplomatic missions or intergovernmental international organizations;”

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 copy or a copy enclosed with the original for collation of the investment registration certificate associated with the opening of a branch. Such paper is not required in case competent agencies can exploit this information from the database of the Ministry of Planning and Investment or databases of state agencies.”

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

“6. A certified copy or a copy enclosed with the original for collation of the written approval of lease of land for building the branch or of the in-principle agreement on lease of available physical foundations in conformity with Clause 5, Article 36 of Decree No. 86/2018/ND-CP and other relevant legal papers. Such paper shall not be required in case competent agencies may exploit this information from the database of the relevant locality or state agency.”

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 copy or a copy enclosed with the original for collation of the decision permitting the establishment, for foreign-invested education institutions; or certified copies or copies enclosed with the originals for collation of the investment registration certificate and the enterprise registration certificate, for foreign-invested short-term training institutions. Such paper shall not be required in case competent agencies may exploit this information from specialized databases or databases of relevant state agencies.”

b/ To add Clause 6 to Article 46 as follows:

“6. Dossiers of registration of education activities of early childhood education institutions and general education institutions providing foreign education programs to Vietnamese students must comprise the components specified in Clauses 1, 2, 3, 4 and 5 of this Article and the following documents:

a/ Syllabuses of subjects and compulsory education contents;

b/ A document on recognition of education quality issued by a competent education agency or organization of the home country or a valid education quality accreditation certificate issued by a lawful education quality accreditation organization of the home country for the foreign education program planned to be provided to Vietnamese students;

c/ Documents proving that the education program has been directly taught for at least 5 years in the home country by the date of dossier submission;

d/ A document permitting the use of the foreign education program in Vietnam, issued by the foreign education institution or organization that owns the program.”

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

“1. The Minister of Education and Training shall permit education activities of foreign-invested higher education institutions, branches of foreign-invested higher education institutions, and branches of foreign higher education institutions in Vietnam.”

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 of registration of education activities for foreign-invested higher education institutions, branches of foreign-invested higher education institutions, and branches of foreign higher education institutions in Vietnam;”

b/ To add Clause 1a below Clause 1, Article 48 as follows:

“1a. For dossiers of early childhood education institutions and general education institutions specified in Clauses 2 and 3, Article 28 of Decree No. 86/2018/ND-CP, which provide foreign education programs to Vietnamese students, provincial-level Departments of Education and Training shall send the documents 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 provision of foreign education programs to Vietnamese students.”

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

“2. After receiving a complete dossier as specified in Article 46 of Decree No. 86/2018/ND-CP and this Decree, within 30 days (for dossiers of early childhood education institutions and general education institutions providing foreign education programs to Vietnamese students) or 20 days (for other cases), the dossier-receiving agency shall assume the responsibility for, and coordinate with related agencies and units in, appraising conditions and submit the dossier to the competent authority for the latter to consider and issue a decide permitting education activities according to Form No. 17 provided in the Appendix to this Decree.

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

In case the education institution fails to satisfy the conditions for education activities, within 5 working days after receiving the opinions 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 application for grant of permission for resumption of education activities must comprise:

a/ An application for grant of permission for resumption of education activities (made according to Form No. 44 provided in the Appendix to this Decree);

b/ A report on the result of remedying the violation that leads to suspension of education activities (made according to Form No. 50 provided in the Appendix to 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. Persons who have the competence to approve the establishment of early childhood education institutions, general education institutions, higher education institutions, branches of foreign-invested higher education institutions and branches of foreign higher education institutions in Vietnam also have the competence to dissolve these institutions. Persons who have the competence to permit the operation of foreign-invested short-term training institutions also have the competence to terminate the operation of these institutions.”

b/ To amend and supplement Points a and b, Clause 2, Article 51 as follows:

“2. Foreign-invested education institutions shall be dissolved:

a/ At the request of the founder of the foreign-invested education institution;

b/ When the institution commits a serious violation of laws or 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 dossiers of request for dissolution of foreign-invested higher education institutions, branches of foreign-invested higher education institutions, branches of foreign higher education institutions in Vietnam, and early childhood education institutions and general education institutions established by foreign diplomatic missions and intergovernmental international organizations, investors shall hand-deliver or send by post 1 set of dossier to the Ministry of Education and Training;”

31. To amend and supplement Clause 2, Article 58 as follows:

“2. Within 5 working days after receiving a complete dossier, the Ministry of Education and Training shall send such dossier to related agencies, units and localities to seek the latter’s opinions. Within 15 working days after receiving the written request for opinion, the consulted agencies, units and localities shall reply in writing. Within 5 working days after receiving opinions from related agencies, units and localities, the Ministry of Education and Training shall issue a decision to permit establishment of the representative office of the foreign education instutition  according to Form No. 19 provided in the Appendix to this Decree. If refusing to grant permission for 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 of registration of the operation of a representative office of a foreign education instutition must comprise:

a/ A form of registration of operation of representative office of foreign education instutition, made according to Form No. 20 provided in the Appendix to this Decree;

b/ A certified copy or a copy enclosed with the original for collation of the decision permitting the establishment of the representative office. Such paper shall not be required in case competent agencies may exploit or share data from specialized databases; 

c/ A document appointing the chief of the representative office and his/her resume;

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

dd/ A document proving the specific location of the representative office.”

33. To amend and supplement a number of clauses of Article 60 as follows:

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

“b/ The decision permitting the establishment of the representative office of the foreign education instutition or its copy (a certified copy or a copy enclosed with the original for collation). Such paper shall not be required in case competent agencies may exploit or share this data from the related locality or specialized database; 

c/ The original of the certificate of operation registration of the representative office or its copy (a certified copy or a copy enclosed with the original for collation if the representative office has made operation registration). Such paper shall not be required in case competent agencies may exploit or share this data from the related locality or specialized database;”

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

“5. Within 5 working days after receiving a complete dossier, the competent authority shall consider and seek opinions from related agencies and units. Within 10 working days after receiving the written request for opinion, the consulted agencies, units and localities shall reply in writing. Within 5 working days after receiving opinions from related agencies, units and localities, the competent authority shall decide to permit the modification, supplementation or extension of the decision on establishment of the representative office. If refusing to modify, supplement or extend the decision, 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 5 working days after receiving a complete dossier as specified, the Ministry of Education and Training shall send the dossier to related agencies, units and localities to seek the latter’s opinions. Within 10 working days after receiving the written request for opinion, the consulted agencies, units and localities shall reply in writing. Within 5 working days after receiving opinions from related agencies, units and localities, the Ministry of Education and Training shall consider permitting the representative office to terminate its operation. If finding the dossier invalid, within 5 working days after receiving it, the dossier-receiving agency shall hand-deliver a written notice thereof or send it by post or via email to the education organization or institution.”

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

“1. Provincial-level People’s Committees shall, within the ambit of their assigned powers, manage, examine, inspect, and evaluate the results of cooperation and investment activities in the field of education; settle complaints and denunciations, commend, and handle violations in this field according to their competence in localities.”

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

“Article 65a. Reporting regime

1. Reporting on joint education for each school year

a/ To-be-reported contents: general situation on implementation of joint education activities, rights and obligations of the parties participating in joint education activities; number of teachers, clearly stating the number of teachers bearing foreign citizenship; implementation of regulations on management of foreigners; difficulties and obstacles; and recommendations and proposals (if any);

b/ Reporting entities, report-receiving agencies and reporting procedures: Vietnamese education institutions engaged in joint education activities shall send reports to provincial-level Departments of Education and Training;

c/ Reporting period: on an annual basis;

d Method of report submission and receipt: Vietnamese education institutions engaged in joint education activities shall hand-deliver, or send by post or submit online reports to provincial-level Departments of Education and Training;

dd/ Data collection period: from October 1 of the year preceding the reporting period to September 30 of the reporting year;

e/ Deadline for report submission: October 31 every year;

g/ Report outline form: Form No. 32 provided in the Appendix to this Decree;

h/ Reporting datasheet form: Form No. 33 provided in the Appendix to this Decree.

2. Reporting on joint training

a/ To-be-reported contents: general situation on joint education activities, rights and obligations of the parties participating in joint education activities; number of teachers, clearly stating the number of teachers bearing foreign citizenship; implementation of regulations on management of foreigners; difficulties and obstacles; and recommendations and proposals (if any);

b/ Reporting entities, report-receiving agencies, and reporting procedures: Vietnamese higher education institutions engaged in joint training shall send reports to the Ministry of Education and Training;

c/ Reporting period: on an annual basis;

d/ Method of report submission and receipt: Vietnamese higher education institutions engaged in joint training shall send by post or hand-deliver or submit online reports to the Ministry of Education and Training;

dd/ Data collection period: from October 1 of the year preceding the reporting period to September 30 of the reporting year;

e/ Report submission deadline: October 31 of each year;

g/ Report outline form: Form No. 34 provided in the Appendix to this Decree;

h/ Reporting datasheet form: Form No. 35 provided in the Appendix to this Decree.

3. Reporting on joint organization of exams for issuance of foreign foreign-language proficiency certificates of foreign countries

a/ To-be-reported contents: general situation on joint training activities, rights and obligations of the parties engaged in joint training; difficulties and obstacles; recommendations and proposals (if any);

b/ Reporting entities, report-receiving agencies, and reporting procedures: Vietnamese education institutions or organizations engaged in joint organization of exams for issuance of foreign-language proficiency certificates of foreign countries shall send reports to the Ministry of Education and Training;

c/ Reporting period: on an annual basis;

d/ Method of sending and receiving reports: Vietnamese education institutions or organizations engaged in joint organization of exams for issuance of foreign-language proficiency certificates of foreign countries shall send reports by post or hand-deliver or submit online reports to the Ministry of Education and Training;

dd/ Data collection period: from December 1 of the year preceding the reporting period to November 30 of the reporting year;

e/ Report submission deadline: December 15 of each year;

g/ Report outline form: Form No. 36 provided in the Appendix to this Decree;

h/ Reporting datasheet form: Form No. 37 provided in the Appendix to this Decree.

4. Reporting on comprehensive development of early childhood education institutions and general education institutions teaching foreign education programs

a/ To-be-reported contents: general situation of the implementation of decisions permitting education activities, organizational structure, and number of teachers, clearly stating the number of teachers bearing foreign citizenship, implementation of regulations on management of foreigners, number of learners, clearly stating the proportion of learners bearing Vietnamese citizenship; teaching/organization of compulsory subjects/contents and results of inspection thereof according to regulations; graduation rates, diplomas issued; difficulties and obstacles; and recommendations and proposals (if any);

b/ Reporting entities, report-receiving agencies, and reporting procedures: Early childhood education institutions and general education institutions teaching foreign education programs shall send reports to provincial-level Departments of Education and Training;

c/ Reporting period: on an annual basis;

d/ Method of report submission and receipt: Early childhood education institutions and general education institutions teaching foreign education programs shall send by post, hand-deliver or submit online reports to provincial-level Departments of Education and Training;

dd/ Data collection period: from October 1 of the year preceding the reporting period to September 30 of the reporting year;

e/ Report submission deadline: October 31 of each year;

g/ Report outline form: Form No. 38 provided in the Appendix to this Decree;

h/ Reporting datasheet form: Form No. 39 provided in the Appendix to this Decree.

5. Reporting on the activities of representative offices of foreign education organizations or institutions

a/ To-be-reported contents: general situation of implementation of the decisions permitting education activities; difficulties and obstacles; recommendations and proposals (if any);

b/ Reporting entities, report-receiving agencies and reporting procedures: Vietnam-based representative offices of foreign education organizations or institutions shall send reports to provincial-level Departments of Education and Training;

c/ Reporting period: on an annual basis;

d/ Method of report submission and receipt: Vietnam-based representative offices of foreign education organizations or institutions shall send by post or hand-deliver or submit online reports to provincial-level Departments of Education and Training;

dd/ Data collection period: from December 1 of the year preceding the reporting period to November 30 of the reporting year;

e/ Report submission deadline: December 15 of each year;

g/ Report outline form: Form No. 40 provided in the Appendix to this Decree;

h/ Reporting datasheet form: Form No. 41 provided in the Appendix to this Decree.

6. Reporting on the implementation of foreign cooperation and investment in the education sector

a/ To-be-reported contents: general situation of foreign cooperation and investment in the education sector in localities; difficulties and obstacles; recommendations and proposals (if any);

b/ Reporting entities, report-receiving agencies and reporting procedures: Provincial-level People’s Committees shall send reports to the Ministry of Education and Training and the Ministry of Planning and Investment;

c/ Reporting period: on an annual basis;

d/ Method of report submission and receipt: Provincial-level People’s Committees shall send by post or by hand-deliver or submit online reports to the Ministry of Education and Training and the Ministry of Planning and Investment;

dd/ Data collection period: from December 1 of the year preceding the reporting period to November 15 of the reporting year;

e/ Report submission deadline: November 30 of each year;

g/ Report outline form: Form No. 42 provided in the Appendix to this Decree;

h/ Reporting datasheet form: Form No. 43 provided in the Appendix to this Decree.”

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

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

Article 2. To add, replace or annul a number of words and phrases in a number of articles of Decree No. 86/2018/ND-CP

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

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

2. To annul a number of clauses in a number of articles of Decree No. 86/2018/ND-CP: Clause 5, Article 14; Point e, Clause 1, Article 21; Clauses 3 and 4, Article 27; Clause 6, Article 32; Point dd, Clause 2, Article 52; and 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 Clauses 2 and 3, Article 28 of Decree No. 86/2018/ND-CP that currently teach foreign education programs to Vietnamese students shall not be required to re-carry out procedures for registration of education activities, but shall supplement and complete a dossier for registration of education activities as specified in Clause 6, Article 46 of this Decree, and send it to provincial-level Departments of Education and Training within 6 months from the effective date of this Decree;

b/ Early childhood education institutions and general education institutions specified in Clauses 2 and 3, Article 28 of Decree No. 86/2018/ND-CP that are carrying out procedures for registration of education activities but have yet to be licensed by competent agencies, shall supplement and complete a dossier for registration of education activities as specified in Clause 6, Article 46 of this Decree;

c/ Early childhood education institutions and general education institutions specified in Clauses 2 and 3, Article 28 of Decree No. 86/2018/ND-CP that shift from teaching Vietnamese education programs to teaching foreign education programs to Vietnamese students shall comply with Article 46 of Decree No. 86/2018/ND-CP and this Decree;

d/ In case education institutions that have obtained investment and operation licenses before the effective date of this Decree but yet to be granted the decisions permitting establishment and decisions permitting operation, if they fully meet requirements on establishment, operation and quality assurance under Decree No. 86/2018/ND-CP and this Decree, within 1 year from the effective date of this Decree, investors shall select the type of their education institutions according to Decree No. 86/2018/ND-CP and this Decree, complete and send dossiers to the Ministry of Education and Training for the latter to propose the Prime Minister to issue decisions permitting establishment; the Ministry of Education and Training shall issue decisions permitting operation.

Such a dossier must comprise:

An official request (made according to Form No. 48 provided in the Appendix to this Decree);

The investment registration certificate (a certified copy or a copy enclosed with the original for collation);

The written approval of lease of land or lease of physical foundations (certified copy or copy enclosed with the original for collation);

The certificate of education quality accreditation or paper on recognition of education quality issued by a competent agency, enclosed with the education quality accreditation dossier;

The education institution’s Regulation on organization and operation.

dd/ In case education institutions have obtained investment and operation licenses before the effective date of this Decree but yet to fully meet requirements on establishment, operation and quality assurance prescribed in Decree No. 86/2018/ND-CP and this Decree, investors shall complete investment-related procedures under the Investment Law, procedures for approving establishment of education institutions and permitting education activities under Decree No. 86/2018/ND-CP and this Decree.

If education institutions fail to obtain an investment certificate under the Investment Law within 1 year from the effective date of this Decree, they must stop enrolment.

Within 5 years from the effective date of this Decree, if education institutions fail to obtain decisions permitting establishment and decision permitting operation, they must suspend their operation and take responsibility for ensuring lawful rights of learners, teachers, administrators and staff, and fulfilling other obligations and responsibilities in accordance with law.

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

On behalf of the Government
For the Prime Minister
Deputy Minister
LE THANH LONG

* The Appendix to this Decree is not translated.