Decree No. 73/2012/ND-CP dated September 26, 2012 of the Government on the foreign cooperation and investment in education

THE GOVERNMENT

Decree No. 73/2012/ND-CP of September 26, 2011, on foreign cooperation and investment in education

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Law on Education; the November 25, 2009 Law Amending and Supplementing a Number of Articles of the Education Law;

Pursuant to the November 29, 2005 Investment Law;

Pursuant to the November 29, 2005 Enterprise Law, which was amended and supplemented in 2009;

Pursuant to the November 29, 2006 Law on Vocational Training;

At the proposal of the Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs,

The Government promulgates the Decree on foreign cooperation and investment in education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides foreign cooperation and investment in education, training and vocational training, including joint training, establishment of foreign-invested education institutions and establishment of foreign education representative offices in Vietnam.

2. This Decree applies to Vietnamese organizations and individuals, international organizations and foreign organizations and individuals engaged in foreign cooperation and investment in education, training and vocational training.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Joint training means a form of cooperation between a Vietnamese education institution and a foreign education institution in order to implement training programs for grant of diplomas or certificates without establishing a legal entity.

2. Education institutions include preschool, general education, vocational education, higher education and continuing education institutions.

3. Vocational education institutions include vocational training centers, intermediate vocational schools, professional secondary schools and vocational colleges.

4. Vocational training institutions include vocational training centers, intermediate vocational schools and vocational colleges.

5. Higher education institutions include universities and colleges.

6. Short-term training and retraining institution means a center providing training and retraining in foreign languages, information technology, general education or professional knowledge and skills.

7. Foreign-invested education institutions include wholly foreign-owned education institutions and education joint ventures between domestic and foreign investors.

8. Branch means an affiliated unit of a foreign-invested education institution in Vietnam, which is tasked to perform all or part of the functions and tasks of that education institution, including authorized representation.

9. Vietnam-based representative office of a foreign education organization or institution (below referred to as foreign education representative office) means an affiliated unit of a foreign education organization or institution, which is established and operates in Vietnam in order to promote and develop education cooperation and investment in accordance with Vietnamese law.

10. Valid dossier means a dossier containing all the documents required by this Decree with fully declared information as prescribed by law.

11. Division of an education institution means dividing that education institution into two or more new education institutions. After the division, the divided education institution no longer exists and its civil rights and obligations are transferred to new education institutions under the education institution division decision in line with the new education institutions’ operational objectives.

12. Split of an education institution means splitting a part(s) of that education institution to form one or more than one new education institution. After the split, the split education institution and the education institution(s) formed from the split shall perform their civil rights and obligations under the education institution split decision in line with their operational objectives.

13. Merger of education institutions means merging one or more than one education institution (below referred to as merged education institution) into another education institution (below referred to as merging education institution). After the merger, the merged education institution(s) no longer exists/exist and its/their civil rights and obligations are transferred to the merging education institution.

14. Consolidation of education institutions means combining two or more education institutions of the same type into a new one. After the consolidation, the former education institutions no longer exist and their civil rights and obligations are transferred to the new one.

Article 3. Training disciplines and occupations permitted for cooperation and investment

1. Foreign organizations and individuals and international organizations (below referred to as foreign organizations and individuals) may cooperate and invest in education, training and vocational training in accordance with Vietnamese law and treaties to which Vietnam is a contracting party.

2. Based on the requirements of the country’s socio-economic development, the Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall promulgate lists of training disciplines and occupations permitted for foreign cooperation and investment in the education, training and vocational training sector in Vietnam.

Article 4. Education quality accreditation

1. In the course of operation, education institutions providing joint training and foreign-invested education institutions in Vietnam shall:

a/ Take responsibility for the quality of their educational activities and regularly conduct self-assessment, assurance and improvement of quality according to Vietnamese or foreign standards;

b/ Regularly register quality accreditation in accordance with regulations of the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.

2. An agency or organization competent to accredit the quality of joint training programs and foreign-invested education institutions in Vietnam is a Vietnamese education quality accreditation agency or organization or a foreign education quality accreditation agency or organization recognized by the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.

3. The Ministers of Education and Training, and Labor, War Invalids and Social Affairs shall provide specific education quality accreditation indicators, processes and sequence, and tasks, responsibilities and powers of Vietnamese education quality accreditation agencies and organizations for quality accreditation of joint training programs and foreign-invested education institutions in Vietnam.

Article 5. Finance of foreign cooperation and investment

1. Education institutions carrying out joint training with foreign parties, foreign-invested education institutions and foreign education representative offices shall comply with current Vietnamese laws on finance, accounting, audit and taxes.

2. The Ministries of Education and Training; Labor, War Invalids and Social Affairs; and Finance shall provide specific guidance on finance, accounting, audit and tax regulations applicable to foreign cooperation and investment in the education, training and vocational training sector.

Chapter II

JOINT TRAINING

Section 1

FORMS, SUBJECTS, SCOPE AND TIME LIMIT OF JOINT TRAINING, DIPLOMAS AND CERTIFICATES

Article 6. Permissible forms of joint training

Provision of training under foreign programs or programs developed by the two parties; provision of training wholly in Vietnam or partly in Vietnam and partly overseas; grant of Vietnamese or foreign diplomas and certificates or grant of diplomas and certificates by each party according to their own regulations.

Article 7. Subjects and scope of joint training

1. Subjects of joint training:

a/ Vocational education institutions and higher education institutions lawfully established and operating in Vietnam;

b/ Vocational education institutions and higher education institutions lawfully established and operating abroad, whose quality is recognized by a foreign quality accreditation agency or organization or a competent foreign agency and which are recognized by a competent Vietnamese agency.

2. Scope of joint training:

a/ The education institutions provided at Point a, Clause 1 of this Article may provide joint training only within the training disciplines, occupations and levels already licensed by competent Vietnamese agencies;

b/ The education institutions provided at Point b, Clause 1 of this Article may provide joint training only within the training disciplines, occupations and levels licensed and recognized by competent Vietnamese agencies.

Article 8. Tests, exams, evaluation and recognition of graduation, grant of diplomas and certificates

1. Tests, exams, evaluation and recognition of completion of training programs for subjects and modules, and training levels, and recognition of graduation comply with Vietnamese law, for grant of Vietnamese diplomas and certificates, or with foreign law, for grant of foreign diplomas and certificates.

2. Diplomas of joint training programs are provided as follows:

a/ Diplomas granted by a foreign-invested education institution must comply with the law of the country concerned and be recognized by a competent Vietnamese agency;

b/ Diplomas granted by a Vietnamese education institution must comply with Vietnamese law.

Article 9. Operation duration

The operation duration of a joint training program is 5 years at most from the date of approval of that program and may be extended with each extension not exceeding 5 years.

Section 2

JOINT TRAINING CONDITIONS

Article 10. Teachers

1. Vocational education:

a/ For joint training of basic level, teachers of theories must hold at least a diploma of intermediate vocational level or equivalent, teachers of practice must hold at least a diploma of intermediate vocational level or equivalent or be craftspersons or skilled persons who possess a certificate of pedagogic skill training or equivalent;

b/ For joint training of intermediate (professional and vocational) level and collegial level, teachers of theories must hold at least a bachelor degree in pedagogy or technical pedagogy or in a discipline they teach and a certificate of pedagogic skill training or equivalent; teachers of practice must hold at least a diploma of collegial vocational level or equivalent or be craftspersons or skilled persons who possess a certificate of pedagogic skill training or equivalent.

2. Higher education:

a/ For joint training of collegial level, lecturers must hold at least a bachelor degree in a discipline relevant to their training discipline;

b/ For joint training of bachelor level, lecturers must hold at least a master degree in a discipline relevant to their training discipline;

c/ For joint training of master level, lecturers of subjects and specialized courses, instructors of master dissertations and members of master dissertation marking councils must hold at least a doctoral degree; instructors of practice and internship and lecturers of foreign languages must hold at least a master degree;

d/ For joint training of doctoral level, lecturers must hold at least a doctoral degree in a specialization or discipline relevant to the subjects they will teach in the doctoral training program.

3. Foreign teachers and lecturers of joint training programs must have at least 5 years of experience in the domains they will train.

4. Teachers and lecturers of joint training programs providing training in foreign languages must possess foreign language qualifications meeting the training program requirements which must not be lower than C1 level in the Common European Framework of Reference for Languages or equivalent.

Article 11. Physical foundations and equipment

1. Physical foundations and equipment used in joint training must meet requirements of training disciplines and occupations and not affect general training activities of Vietnamese education institutions and include classrooms, teachers’ offices, computer rooms, practice rooms, laboratories, libraries and other necessary facilities and equipment. The average area for teaching and learning must be at least 5 m2/student.

2. Education institutions providing joint training must fully provide course books and learning materials for study and research by pupils and undergraduate and postgraduate students.

Article 12. Training programs and scales, teaching languages

1. A foreign training program implemented in Vietnam must be the one whose quality has been credited overseas or the one of an education institution whose quality has been recognized by a foreign quality accreditation agency or a competent foreign authority.

2. The scale of a joint training program shall be determined based on the quality assurance conditions of that program, covering physical foundations, equipment, laboratories, teaching staff and administrators. These conditions must be different from those already used for the calculation of enrollment quotas of the education institution. Vietnamese and foreign education institutions shall propose their training scale in their joint training plan submitted to the authorities provided in Article 16 of this Decree for approval.

3. Specialized subjects under joint training for grant of foreign diplomas shall be taught in a foreign language, but not in Vietnamese or through interpreters. Joint training programs for grant of Vietnamese diplomas and certificates may be conducted through interpreters.

Article 13. Trainees

Trainees enrolled to joint training programs for grant of diplomas must satisfy the following conditions:

1. For grant of diplomas or certificates of Vietnamese education institutions, they must satisfy admission conditions for intermediate, collegial, bachelor, master or doctoral training programs prescribed by Vietnamese law.

2. For grant of diplomas or certificates of foreign education institutions, they must satisfy foreign education institutions’ admission conditions for intermediate, collegial, bachelor, master or doctoral training programs, which must match the admission conditions of those foreign education institutions provided in their countries and be approved by the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.

3. For grant of both Vietnamese and foreign diplomas or certificates, trainees must satisfy the conditions provided in Clauses 1 and 2 of this Article.

4. Foreign language proficiency:

a/ For joint training of bachelor, master and doctoral levels, trainees must reach at least B2 level in the Common European Framework of Reference for Languages or equivalent;

b/ For joint training of intermediate and collegial levels, trainees must reach at least B1 level in the Common European Framework of Reference for Languages or equivalent.

5. Based on learners’ needs, education institutions providing joint training may organize foreign language training courses to help candidates reach the levels provided in Clause 4 of this Article before providing official training.

Section 3

COMPETENCE AND PROCEDURES TO APPROVE, EXTEND AND TERMINATE JOINT TRAINING

Article 14. Joint training dossier

1. Written request for approval of a joint training plan signed by joint training parties.

2. Cooperation agreement (contract) between joint training parties.

3. Proofs of joint training parties’ legal status: Certified copies of decisions to establish or permit the establishment of education institutions or equivalent documents.

4. Documents proving Vietnamese and foreign education institutions’ eligibility to provide training in the disciplines of joint training.

5. Quality accreditation certificate of the foreign training program or the foreign education institution or a competent agency’s quality recognition paper.

6.  Written in-principle approval of joint training by the managing agency, for Vietnamese education institution having a managing agency.

7. Joint training plan formulated and signed by joint training parties, covering the following major contents: Necessity and objectives of the joint training program; disciplines and training levels; physical foundation and equipment conditions; training program and contents; list of expected teachers and lecturers and their resumes; trainees and enrollment criteria; training scale; forms of examination and evaluation; diplomas or certificates to be granted, equivalence between foreign diplomas or certificates and those of Vietnam’s national education system; quality assurance and risk management measures; the sections in charge of the joint training program, resumes of representatives of the Vietnamese and foreign education institutions managing the program; tuition fee rates, financial support from Vietnamese and foreign individuals and organizations (if any), budget estimate, finance management mechanism; responsibilities and powers of joint training parties; responsibilities and rights of teachers and learners.

Article 15. Approval order and procedures

1. Joint training parties shall make 6 sets of dossiers, including 1 original, for submission to:

a/ Provincial-level Education and Training Departments, for joint training dossiers of professional secondary level;

b/ Provincial-level Labor, War Invalids and Social Affairs Departments, for joint training dossiers of intermediate vocational level;

c/ The Ministry of Labor, War Invalids and Social Affairs, for joint training dossiers of collegial vocational level;

d/ The Ministry of Education and Training, for joint training dossiers of collegial, bachelor, master and doctoral levels under Point d, Clause 2, Article 16 of this Decree;

e/ National Universities, Thai Nguyen University, Hue University and Da Nang University, for joint training dossiers of collegial, bachelor, master and doctoral levels under Point e, Clause 2, Article 16 of this Decree.

2. Within 5 working days after receiving a dossier, the receiving agency shall check its validity. If the dossier is invalid, it shall notify in writing to the joint training parties for modification and supplementation.

3. Within 30 working days after receiving a valid dossier, the receiving agency shall appraise it and submit an appraisal report to a competent authority provided in Article 16 of this Decree for decision.

4. Within 5 working days after receiving an appraisal report and a draft decision to approve a joint training plan, competent authorities shall give their opinions.

5. For a joint training plan illegible for approval, within 5 working days after receiving opinions of competent authorities, the dossier receiving agency shall issue a written reply clearly stating the reason.

Article 16. Approval competence

1. Rectors (directors) of Vietnamese vocational education institutions and higher education institutions may approve plans on joint training for grant of certificates, except foreign certificates of language proficiency.

2. Competence to approve plans on joint training for grant of diplomas is provided as follows:

a/ Directors of provincial-level Education and Training Departments may approve plans on joint training of professional secondary level;

b/ Directors of provincial-level Labor, War Invalids and Social Affairs Departments may approve plans on joint training of intermediate vocational level;

c/ The Minister of Labor, War Invalids and Social Affairs may approve plans on joint training of collegial vocational level;

d/ The Minister of Education and Training may approve plans on joint training of collegial, bachelor, master and doctoral levels, except the cases provided at Point e, Clause 2 of this Article;

e/ Directors of National Universities, Thai Nguyen University, Hue University and Da Nang University may approve plans on joint training of collegial, bachelor, master and doctoral levels provided in their universities.

3. The Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall decentralize under a roadmap the competence to approve joint training plans to universities, colleges and vocational colleges with capable of practicing autonomy and accountability in accordance with the conditions provided in this Decree.

Article 17. Extension of joint training plans

1. Procedures for extension of a joint training plan shall be carried out 6 months before that the joint training duration expires.

2. Extension conditions:

a/ To comply with the decision on approval of the joint training plan, to commit no violations of Vietnamese and foreign laws;

b/ The training program or foreign education institution satisfies the education quality accreditation conditions provided in Clause 1, Article 12 of this Decree.

3. Extension request dossier:

a/ Written request for extension signed by joint training parties;

b/ Summarization report on joint training activities during the licensed period;

c/ Valid cooperation agreement (contract) between joint training parties;

d/ Proposals on modifications (if any) to the decision approving the joint training plan and explanations.

4. Extension process, procedures and competence:

a/ Extension request dossiers must be submitted to the agencies provided in Clause 1, Article 15 of this Decree;

b/ Within 10 working days after receiving a valid dossier, the receiving agency shall appraise it and submit an appraisal report to the competent authorities provided in Article 16 of this Decree for decision;

c/ Within 5 working days after receiving an appraisal report and a draft decision to extend a joint training plan, authorities competent to approve the plan shall give their opinions;

d/ For a joint training plan illegible for extension, within 5 working days after receiving opinions of competent authorities, the dossier receiving agency shall issue a written reply clearly stating the reason.

Article 18. Enrollment suspension and joint training termination

1. A joint training program is suspended from enrollment when:

a/ It fails to satisfies the joint training conditions provided in Articles 10, 11, 12 and 13 of this Decree, affecting its education quality;

b/ It violates the decision to approve or extend the joint training plan and such violation is subject to enrollment suspension as prescribed by law.

2. A joint training program terminates when:

a/ The joint training duration stated in the decision to approve or extend the joint training plan expires;

b/ The joint training parties so request;

c/ Causes of the enrollment suspension are not remedied past the enrollment suspension duration;

d/ A violation of the decision to approve or extend the joint training plan is committed and subject to program termination as prescribed by law.

Article 19. Responsibilities of joint training parties

1. To organize implementation of the decision to approve or extend the joint training plan.

2. To fully and clearly provide information relating to the joint training program on the website of the joint training institution and take responsibility for the accuracy of such information.

3. To take responsibility for the legal validity of foreign diplomas or certificates granted to learners.

4. To guarantee legitimate interests of learners, staff members, lecturers, teachers and other employees in case of termination or forced termination of joint training activities ahead of schedule, specifically as follows:

a/ To contact other training institutions for transfer of enrolled pupils and undergraduate and postgraduate students;

b/ To refund expenses to learners in case of providing training programs and granting diplomas not recognized by the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs;

c/ To pay teaching remunerations and other benefits to teachers, lecturers and employees under signed labor contracts or the collective labor agreement;

d/ To pay tax arrears (if any) and other debts.

5. To make reports in accordance with the following provisions:

a/ For joint training for grant of diplomas:

Joint training parties shall report on the organization of joint training to authorities competent to approve their joint training plans and to education institutions’ managing agencies (if any).

National Universities, Thai Nguyen University, Hue University and Da Nang University shall report on their joint training activities to the Ministry of Education and Training.

Reports shall be made after each academic year, covering the implementation of decisions to approve or extend joint training plans, organization of teaching and learning, performance results of pupils and undergraduate and postgraduate students, numbers of enrolled students, numbers of graduates, graduation rates, granted diplomas, financial statements, disadvantages and advantages during implementation, proposals and recommendations.

b/ For joint training for grant of certificates:

Higher education institutions shall report to the Ministry of Education and Training.

Vocational education institutions shall report to provincial-level Education and Training Departments or Labor, War Invalids and Social Affairs Departments.

Provincial-level Education and Training Departments or Labor, War Invalids and Social Affairs Departments shall report to the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.

Reports shall be made biannually, covering the following major contents: Joint training partners, training contents and programs, granted certificates, number of trainees, responsibilities and rights of learners, teachers, lecturers and other employees, financial statements, disadvantages and advantages during implementation, proposals and recommendations.

6. To comply with relevant laws of Vietnam.

Chapter III

FOREIGN-INVESTED EDUCATION INSTITUTIONS

Section 1

GENERAL PROVISIONS

Article 20. Forms of foreign investment in education

1. Foreign investors may make direct investment in establishing education institutions provided in Article 21 of this Decree as:

a/ Wholly foreign-owned education institutions;

b/ Education joint ventures between domestic and foreign investors.

2. A foreign-invested education institution becomes a Vietnamese legal entity from the date the decision to permit its establishment and operation is issued in accordance with Vietnamese law.

Article 21. Types of foreign-invested education institutions permitted for establishment

1. Short-term training and retraining institutions.

2. Preschool institutions (preschools, kindergartens, crèches) providing foreign education programs for foreign children.

3. General education institutions (primary schools, lower secondary schools, upper secondary schools, general education schools of various grades) providing foreign education programs to grant foreign diplomas for foreign students and Vietnamese students who want to obtain foreign diplomas.

4. Vocational education institutions.

5. Higher education institutions.

Article 22. Naming of foreign-invested education institutions

1. A foreign-invested education institution may be established and operate as a school or center and be named as follows:

a/ For a school, its name must comprise the following parts arranged in the following order: school, educational grade or training level and proper name;

b/ For a short-term training and retraining institution, its name must comprise the following parts arranged in the following order: education/training center, main discipline or main group of disciplines and proper name;

c/ For a vocational training center, its name must comprise the following parts arranged in the following order: vocational training center, main field or group of occupations to be trained and proper name;

d/ For a Vietnam-based branch of a foreign-invested education institution, its name must comprise the following parts arranged in the following order: branch, name of the foreign-invested education institution and name of a city or province of Vietnam;

2. The proper name of a foreign-invested education institution must not be identical or confusing with the registered name of another education institution or the name of an enterprise implementing the investment project; and must not contain words or signs breaching the historical, cultural tradition, ethics and fine customs and practices of Vietnamese people.

3. A foreign-invested education institution must have its transaction name in Vietnamese and in English (or another popular foreign language) of similar meaning.

4. The Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall consider and decide on the naming of particular education institutions.

Article 23. Diplomas and certificates

1. A foreign-invested education institution established in Vietnam may grant or request to grant:

a/ Diplomas and certificates in Vietnam’s national education system and in accordance with Vietnamese law;

b/ Diplomas and certificates in foreign systems of diplomas and certificates and in accordance with foreign laws, and recognized by the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs of Vietnam.

2. Foreign-invested education institutions shall register their diplomas with the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs for recognition of their legal validity in the entire territory of Vietnam.

Article 24. Enrollment of Vietnamese pupils

1. General education institutions provided in Clause 3, Article 21 of this Decree may enroll Vietnamese pupils whose number must not exceed 10% of the total number of pupils of a primary or lower secondary school and 20% of an upper secondary school.

2. Under-five Vietnamese children may not be admitted to learn foreign training programs.

Article 25. Operation duration

The operation duration of a foreign-invested education institution must not exceed 50 years from the date of its licensing. When necessary, the Government may decide on a longer duration which must not exceed 70 years.

Article 26. Licensing process

1. The establishment of education institutions provided in Article 21 of this Decree (except the case provided in Clause 2 of this Article) shall be licensed according to the following process:

a/ Grant of an investment certificate;

b/ Decision to license the establishment of an education institution;

c/ Grant of an educational operation license.

2. Foreign diplomatic missions or intergovernmental organizations may be licensed to establish education institutions provided in Clauses 2 and 3, Article 21 of this Decree in accordance with Points b and c, Clause 1 of this Article.

3. Licensing of the opening of a branch of an education institution in a province or city other than that in which this institution is headquartered complies with the following process:

a/ Grant of an investment certificate associated with application for opening the education institution’s branch;

b/ Decision to permit the opening of the education institution’s branch;

c/ Grant of an operation license for an education institution’s branch.

4. Licensing of the opening of a branch of an education institution in the same province or city complies with the following process:

a/ Modification of the granted investment certificate;

b/ Decision to permit the opening of the education institution’s branch;

c/ Grant of an operation license for the education institution’s branch.

Article 27. Rights and obligations of a foreign-invested education institution

1. To have its rights and legitimate interests protected in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To submit to the territory-based administration of provincial-level People’s Committees; to operate and submit to the state management in accordance with Vietnamese law.

3. To make public its commitment on education quality, actual education quality, education quality assurance conditions and revenues and expenditures. To refund expenses to learners in case of failing to provide training programs of committed quality.

4. To guarantee legitimate interests of learners, staff members, lecturers, teachers and other employees in case of termination or forced termination of its operation ahead of schedule.

5. To create favorable conditions for activities of political organizations or socio-political organizations established and operating in accordance with Vietnamese law at the foreign-invested education institution.

6. To annually report on its overall development to its direct managing state agencies in charge of education and vocational training, and provide full explanations upon request of state management agencies.

7. To have other rights and obligations as prescribed by Vietnamese law.

Section 2

PROVISIONS ON CONDITIONS

Article 28. Investment capital

1. An investment project to establish a preschool education institution must have an investment rate of at least VND 30 million per child (excluding land use expenses). The total minimum investment capital shall be calculated based on the time the institution is expected to have the biggest training scale. The investment funding plan must match the expected training scale of each stage.

2. An investment project to establish a general education institution must have an investment rate of at least VND 50 million per pupil (excluding land use expenses). The total minimum investment capital shall be calculated based on the time the institution is expected to have the biggest training scale, which must not be less than VND 50 billion.

3. An investment project to establish a short-term training and retraining institution must have an investment rate of at least VND 20 million per learner (excluding land use expenses). The total minimum investment capital shall be calculated based on the number of equivalent full-time learners at the time the institution is expected to have the biggest training scale.

4. An investment project to establish a vocational training center must have an investment rate of at least VND 60 million per learner (excluding land use expenses). The total minimum investment capital shall be calculated based on the number of equivalent full-time learners at the time the institution is expected to have the biggest training scale.

5. An investment project to establish a vocational education institution must have an investment rate of at least VND 100 million per learner (excluding land use expenses). The total minimum investment capital shall be calculated based on the time the institution is expected to have the biggest training scale, which must not be less than VND 100 billion.

6. An investment project to establish a higher education institution must have an investment rate of at least VND 150 million per student (excluding land use expenses). The total minimum investment capital shall be calculated based on the time the institution is expected to have the biggest training scale, which must not be less than VND 300 billion.

7. An investment project to open a Vietnam-based branch of a foreign-invested education institution must have an investment rate and investment capital at least equal to the level required for the establishment of education institutions provided in Clause 3, 4, 5 or 6 of this Article as appropriate.

8. A foreign-invested education institution whose physical foundations are not built but rented from or contributed as capital by the Vietnamese party must have an investment rate equal to at least 70% of the level provided in Clause 1, 2, 3, 4, 5 or 6 of this Article as appropriate.

Article 29. Physical foundations and equipment

1. For a short-term training and retraining institution or a vocational training center:

a/ To have classrooms with appropriate lighting, furniture and teaching aids and devices;

b/ To have an average teaching and learning area of at least 2.5 m2 per person, for a short-term training and retraining institution, or 4 m2 per person, for a vocational training center;

c/ To have an office of the Board of Directors, teacher rooms, a library and other functional rooms;

d/ To have necessary facilities and equipment for training and management work.

2. For a preschool education institution:

a/ To be located at a single site with a good environment. The school construction floor area determined based on the numbers of groups of classes and children must reach an average of at least 6-8 m2 per child in a city or town or 10-12 m2 per child in a rural area;

b/ To have classrooms and bedrooms for children and functional rooms with appropriate area, lighting, furniture and child care and education facilities and equipment;

c/ To have the school office, school management board office, administration and management office, infirmary, guard room and staff room with appropriate area, facilities and equipment for child management, care, nurturing and education;

d/ To have a clean water supply system, water drainage system, appropriate toilets with safe and hygienic equipment meeting the school’s daily-life needs;

e/ To have an one-direction operating kitchen with appropriate facilities and equipment ensuring food hygiene and safety if the school prepares meals for children;

f/ To have a playground, surrounding walls and a gate with a signboard clearly showing the school name as prescribed in Article 22 of this Decree;

g/ To have trees inside the school. All construction designs, facilities, equipment, utilities and toys of the school must assure absolute safety for children.

3. For a general education institution:

a/ To be located at a single site with a good environment. The school construction floor area determined based on the numbers of classes and pupils and regional characteristics must reach an average of at least 6 m2 per pupil, for a city or town, or 10 m2 per pupil, for a rural area;

b/ To have an average teaching and learning area of at least 2.5 m2 per pupil;

c/ To have an office for the Directorate, teacher rooms and appropriate meeting rooms;

d/ To have specialized classrooms (for lower and upper secondary schools), library, furniture, teaching aid and facilities meeting current standards provided by the Ministry of Education and Training;

e/ To have a multi-functional gym, art education room, IT room, language lab, education support room for pupils with disabilities and infirmary. To have a canteen and rest rooms, for semi-boarding schools;

f/ To have a clean water supply system and toilets suitable to the size of the education institution, which meet current standards of the Ministry of Education and Training;

g/ To have a playground, physical training area and parking area occupying at least 30% of the school’s total ground area. To have surrounding walls and a gate with a signboard clearly showing the school name as prescribed in Article 22 of this Decree.

4. For a vocational education institution (except vocational training centers):

a/ The school construction area must average at least 25 m2 per learner at the time the institution is expected to have the biggest training scale under the school’s development plan;

b/ To have a learning area with sufficient classrooms and halls suitable to the training scale;

c/ To have sufficient offices, administrative section and school management office meeting requirements of the school’s organizational structure of sections, divisions and subject groups, assuring an area of at least 6 m2 per person, for intermediate vocational schools and professional secondary schools, and 8 m2 per person for vocational colleges;

d/ To have a library, facilities for practice and internship, laboratories, and school workshops, camps and experimental gardens suitable to each training discipline and occupation;

e/ To have dormitories, club and canteen and technical, heath, recreational, sports and cultural works and toilets for the school’s staff, teachers, pupils and students;

f/ To have teaching aids and facilities and training equipment and means suitable to the scale and level of training of each specific discipline and occupation.

5. For a higher education institution:

a/ The school construction area must average at least 25 m2 per student at the time the school is expected to have the biggest training scale under its development plan;

b/ The average housing construction area must reach at least 9 m2 per student, including at least 6 m2 per student for learning area and at least 3 m2 per student for housing and living areas for students;

c/ To have sufficient lecture halls, classrooms and functional rooms suitable to and meeting training requirements of disciplines, occupations and methods of training;

d/ To have sufficient offices, administrative section and school management office meeting requirements of the school’s organizational structure of sections, divisions, faculties and subject groups, assuring an area of at least 8 m2 per person;

e/ To have meeting halls, libraries, facilities for practice and internship, and other physical foundations meeting requirements of training programs and science and technology activities;

f/ To have a canteen and construction works for recreational, sports and cultural activities and health and service works to serve routine activities of staff, lecturers and students;

g/ To have technical works, including pump station, transformer station, repair workshop, warehouse and parking areas for cars, motorbikes and bicycles.

6. Construction and rent of physical foundations:

a/ A foreign-invested education institution registering to operate in Vietnam for 20 years or more shall plan the construction of its physical foundations and must obtain the provincial-level People’s Committee’s approval of land allocation or lease for investment in physical foundation construction. The investment period must not exceed 5 years. This institution must have an in-principle contract or agreement on stable rent of necessary physical foundations for its training and teaching activities and ensure construction of physical foundations according to the project schedule;

b/ A foreign-invested education institution registering to operate for less than 20 years is not required to build its own physical foundations but must have a contract or agreement on stable rent of appropriate school building, classrooms, workshops and auxiliary areas for at least 5 years.

Article 30. Education programs

1. Education programs implemented at a foreign-invested education institution must reflect educational objectives, not contain contents detrimental to national defense and security and community interests; not spread religions and distort history; not adversely affect the culture, ethics and fine customs and practices of Vietnam; and assure transferability between educational grades and training levels.

2. A foreign-invested education institution may provide:

a/ Vietnamese education programs under Vietnamese law;

b/ Foreign preschool education and general education programs, for the education institutions provided in Clauses 2 and 3, Article 21 of this Decree;

c/ Foreign short-term training and retraining programs; foreign secondary, collegial, bachelor, master and doctoral training programs within joint training programs.

3. The Minister of Education and Training shall provide compulsory subjects for Vietnamese learners in education institutions provided in Clause 3, Article 21 of this Decree.

4. The Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall provide compulsory subjects for Vietnamese learners following foreign training programs at foreign-invested higher education institutions and vocational education institutions (except vocational training centers).

Article 31. Teachers

1. For a short-term training and retraining institution:

a/ Teachers must hold at least a collegial degree or equivalent in a discipline or occupation relevant to subjects they are assigned to teach;

b/ The ratio of equivalent learners to teachers is maximum 25 learners per teacher.

2. For a preschool education institution:

a/ Teachers must hold at least a collegial degree in preschool pedagogy or equivalent;

b/ The maximum number of children in 1 group/class is provided as follows:

For créches:

- Children aged between 3 and 12 months: 15/group;

- Children aged between 13 and 24 months: 20/group;

- Children aged between 25 and 36 months: 25/group;

For kindergartens:

- Children aged between 3 and 4 years: 25/class;

- Children aged between 4 and 5 years: 30/class;

- Children aged between 5 and 6 years: 35/class;

c/ The number of teachers in 1 group/class is provided as follows:

- For créches: 5 children/teacher;

- For kindergartens: 10-12 children/teacher.

3. For a general education institution:

a/ Teachers must hold at least a bachelor’s degree in pedagogy or equivalent, for primary, lower secondary and upper secondary education;

b/ The ratio of teachers must reach at least 1.5 teachers per class for primary schools, 1.95 teachers per class for lower secondary schools, and 2.25 teachers per class for upper secondary schools;

c/ The number of pupils in a class must not exceed 30 for primary schools, and 35 for lower and upper secondary schools.

4. For a vocational education institution:

a/ Teachers must hold at least a degree provided in Clause 1, Article 10 of this Decree;

b/ The maximum ratio of pupils per teacher is 25, for disciplines of humanities, economics and services; 20, for disciplines of techniques and technology; and 15, for arts disciplines;

c/ The rate of teachers holding a postgraduate degree must reach at least 15% of the total number of teachers of a professional secondary school, intermediate vocational school or vocational college;

d/ To have adequate permanent teachers to take charge of at least 60% of the training program of each discipline or occupation.

5. For a higher education institution:

a/ Lecturers must hold at least a degree provided in Clause 2, Article 10 of this Decree;

b/ The maximum ratio of students to teacher is 10, for arts disciplines; 15, for disciplines of technical sciences and technology; and 25, for social sciences, humanities, economics and business administration;

c/ For a college, the rate of lecturers holding a master or doctoral degree must reach at least 60% of the institution’s total number of lecturers, with lecturers holding a doctoral degree accounting for at least 25%;

d/ For a university, the rate of lecturers holding a master or doctoral degree must reach at least 80% of the institution’s total number of lecturers, with lecturers holding a doctoral degree accounting for at least 35%;

e/ The institution must have adequate permanent lecturers to take charge of at least 60% of the training program of each discipline or occupation.

6. Foreign teachers and lecturers of foreign-invested short-term training and retraining institutions, preschool education institutions, general education institutions, vocational education institutions and higher education institutions must have at least 5 years of experience in their field of training.

Section 3

PROCEDURES FOR GRANT OF INVESTMENT CERTIFICATES

Article 32. Conditions for obtaining investment certificates

1. For an investment project to establish an education institution provided in Clause 1, Article 26 of this Decree:

a/ To have an investment project to establish an education institution conformable with the socio-economic development master plan and the education institution network master plan approved by competent state agencies;

b/ To have a prefeasibility plan to establish an education institution in accordance with Point e, Clause 1, Article 33 of this Decree;

c/ To have land in the locality to be allocated or leased to the investor or to have an in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree;

d/ To meet the capital investment requirements provided in Article 28 of this Decree to implement the investment project.

2. For an investment project to open an education institution’s branch under Clause 3 or 4, Article 26 of this Decree:

a/ The education institution is eligible for opening a branch under Article 40 of this Decree;

b/ The education institution has had its quality accredited or its quality has been recognized by a competent Vietnamese or foreign authority;

c/ To have land in the locality to be allocated or leased to the investor or to have an in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree;

d/ To have a prefeasibility plan to establish the education institution’s branch in accordance with Point f, Clause 2, Article 33 of this Decree;

e/ To meet the capital investment requirements provided in Article 28 of this Decree to implement the branch establishment investment project.

3. For an investment project to establish a university, in addition to the conditions provided in Clause 1 of this Article, the investment project must obtain the Prime Minister’s in-principle approval.

Article 33. Dossier of request for an investment certificate

1. For an investment project to establish an education institution provided in Clause 1, Article 26 of this Decree:

a/ Written request for grant of an investment certificate;

b/ Written certification of the investor’s legal status: An institutional investor shall submit a certified copy of the establishment decision or business registration certificate or equivalent papers. An individual investor shall submit a certified copy of his/her passport or identity card and resume. A foreign individual investor shall additionally submit his/her judicial record;

c/ Business registration dossier corresponding to the type of economic organization in accordance with the enterprise law and relevant laws;

d/ Techno-economic explanations covering investment objectives, scale and site; investment capital; project schedule; land use need or in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree; technological and environmental solutions; proposals for investment incentives (if any);

e/ Prefeasibility plan to establish the education institution, covering the following contents:

Type of education institution to be established; necessity to establish the education institution; conformity with the socio-economic development plan and education institution network master plan approved by competent state agencies;

Name of the education institution; its educational objectives and tasks; construction and development plans and training scale of the education institution in each period; expected organizational structure, management and administration;

Plans on diplomas and certificates; physical foundations and equipment; education programs; and teaching staff in accordance with Articles 23, 29, 30 and 31 of this Decree.

f/ Document proving the investor’s satisfaction of the investment capital requirements provided in Article 28 of this Decree.

2. For an investment project to open an education institution’s branch under Clause 3 or 4, Article 26 of this Decree:

a/ Written request for grant or modification of an investment certificate;

b/ Certified copy of the decision to license the establishment of the education institution;

c/ Certified copy of the education institution’s operation license;

d/ The education institution’s quality accreditation certificate or quality recognition document issued by a competent agency;

e/ Techno-economic explanations about the branch opening, covering the contents specified at Point d, Clause 1 of this Article;

f/ Prefeasibility plan to establish the education institution’s branch, covering the following contents:

Necessity to establish the branch;

Name of the branch and its cope of operation; construction and development plans and training scale of the branch in each development period; expected organizational structure, management and administration;

Plans on physical foundations and equipment; education programs; and teaching staff in accordance with Articles 29, 30 and 31 of this Decree.

g/ Document proving the investor’s satisfaction of the investment capital requirements provided in Article 28 of this Decree.

3. A foreign agency’s written certification granted to an investor must be consularly legalized by the Ministry of Foreign Affairs of Vietnam or an overseas diplomatic mission or consulate or agency authorized to perform the consular function of Vietnam, unless otherwise provided by a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 34. Verification of education and vocational training conditions for grant of investment certificates

1. Verification of education and vocational training conditions for grant of investment certificates is provided as follows:

a/ The Ministry of Education and Training shall verify investment projects to establish universities and colleges and their branches;

b/ The Ministry of Labor, War Invalids and Social Affairs shall verify investment projects to establish vocational colleges and their branches;

c/ Provincial-level Education and Training Departments shall verify investment projects to establish short-term training and retraining institutions and their branches; professional secondary schools and their branches; preschool education institutions; and general education institutions;

d/ Provincial-level Labor, War Invalids and Social Affairs Departments shall verify investment projects to establish vocational training centers, intermediate vocational schools and their branches.

2. When necessary, provincial-level Education and Training Departments or Labor, War Invalids and Social Affairs Departments may consult the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs for prompt guidance and settlement.

Article 35. Order, procedures and competence to grant investment certificates

1. The order, procedures and competence to grant investment certificates comply with the investment law.

2. Within 3 working days after granting an investment certificate, the agency receiving the investment project dossier shall send a copy of the investment certificate to:

a/ The Ministry of Education and Training and the Ministry of Planning and Investment, for investment projects to establish universities or colleges and their branches;

b/ The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Planning and Investment, for investment projects to establish vocational colleges and their branches;

c/ Provincial-level Education and Training Departments, for investment projects to establish preschool education institutions, general education institutions; short-term training and retraining institutions and their branches; or professional secondary schools and their branches;

d/ Provincial-level Labor, War Invalids and Social Affairs Departments, for investment projects to establish vocational training centers or intermediate vocational schools and their branches.

Section 4

PROCEDURES FOR LICENSING EDUCATION INSTITUTIONS

Article 36. Conditions for obtaining a license

1. For an education institution which must comply with the procedures provided in Clause 1, Article 26 of this Decree:

a/ To have obtained an investment certificate;

b/ To have a detailed plan to establish the education institution in accordance with Point c, Clause 1, Article 37 of this Decree;

c/ For an education institution which must build physical foundations, to have a provincial-level People’s Committee’s land allocation or lease document enclosed with the investment project to build physical foundations, covering explanations and the detailed design of the education institution, and an in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree and related legal papers;

d/ For an education institution which is not required to build physical foundations, to have an in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree and related legal papers;

e/ To satisfy the investment capital requirements provided in Article 28 of this Decree.

2. For an education institution which must comply with the procedures provided in Clause 2, Article 26 of this Decree:

a/ To have a detailed plan to establish the education institution in accordance with Point c, Clause 1, Article 37 of this Decree;

b/ To have obtained the approval of the establishment of the education institution in the locality and the in-principle approval of land allocation or lease from the provincial-level People’s Committee of the locality in which the education institution will be established or an in-principle agreement on rent of land or physical foundations in accordance with Clause 6, Article 29 of this Decree;

c/ To satisfy the investment capital requirements provided in Article 28 of this Decree.

Article 37. License application dossiers

1. For an education institution which must comply with the procedures provided in Clause 1, Article 26 of this Decree, a dossier comprises:

a/ Application for a license to establish an education institution;

b/ Certified copy of the investment certificate;

c/ Detailed plan to establish the education institution, which clearly specifies:

Name of the education institution; its educational objectives and tasks; scope of educational operation; diplomas and certificates to be granted; planned organizational structure, management and administration;

Specific plans on construction, development and training scale of the education institution in each period, clarifying the capacity to meet requirements of physical foundation and equipment; education programs; and teaching staff in accordance with Articles 29, 30 and 31 of this Decree.

d/ The provincial-level People’s Committee’s written approval of land allocation or lease, for an education institution required to build physical foundations (specifying the address, area and boundary of the land lot) and in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree and related legal papers;

e/ Investment project to build physical foundations, covering explanations and the detailed design of the education institution, for an education institution required to build physical foundations;

f/ Document proving satisfaction of the investment capital requirements provided in Article 28 of this Decree.

2. For an education institution which must comply with the procedures provided in Clause 2, Article 26 of this Decree, a dossier comprises:

a/ The documents specified at Points a and c, Clause 1 of this Article;

b/ Written approval of the establishment of the education institution in the locality and in-principle approval of land allocation or lease by the provincial-level People’s Committee of the locality in which the education institution will be established or in-principle agreement on rent of land or physical foundations in accordance with Clause 6, Article 29 of this Decree;

c/ Document proving satisfaction of the investment capital requirements provided in Article 28 of this Decree.

Article 38. Licensing order and procedures

An investor shall make 6 sets of dossiers, including 1 original, for submission to:

a/ The Ministry of Education and Training, for application dossiers to establish universities or colleges; or preschool education institutions or general education institutions filed by foreign diplomatic missions or intergovernmental organizations;

b/ The Ministry of Labor, War Invalids and Social Affairs, for application dossiers to establish vocational colleges;

c/ Provincial-level Education and Training Departments, for application dossiers to establish short-term training and retraining institutions; upper secondary schools or general education schools with mixed educational levels (including upper secondary level), except the general education institutions provided at Point a, Clause 1 of this Article; and professional secondary schools;

d/ District-level Education and Training Divisions, for application dossiers to establish preschool education institutions, primary schools, lower secondary schools or general education schools with mixed educational levels (excluding upper secondary level), except the preschool education institutions and general education institutions provided at Point a, Clause 1 of this Article;

e/ Provincial-level Labor, War Invalids and Social Affairs Departments, for application dossiers to establish intermediate vocational schools or vocational training centers.

2. Within 5 working days after receiving a dossier, the receiving agency shall check its validity and consult concerned agencies and units in writing.

If the dossier is invalid, the dossier receiving agency shall notify the investor in writing for modification and supplementation.

3. Within 10 working days after receiving a written request for opinions from the dossier receiving agency, a consulted agency or unit shall give its written opinions.

4. Within 30 working days after receiving a complete and valid dossier, the dossier receiving agency shall make a verification report and submit it to competent authorities provided in Article 39 of this Decree for consideration and decision.

5. Within 10 working days after receiving a verification report, competent agencies shall consider and decide on the licensing of an education institution.

6. For a rejected dossier, within 5 working days after receiving opinions from competent authorities, the dossier receiving agency shall notify the investor in writing, clearly stating the reason.

Article 39. Licensing competence

1. The Prime Minister may license the establishment of foreign-invested universities.

2. The Minister of Education and Training may license the establishment of foreign-invested colleges, and preschool education institutions and general education institutions requested by foreign diplomatic missions or intergovernmental organizations.

3. The Minister of Labor, War Invalids and Social Affairs may license the establishment of foreign-invested vocational colleges.

4. Chairpersons of provincial-level People’s Committees may license the establishment of short-term training and retraining institution; upper secondary schools, general education schools with mixed educational levels (including upper secondary level), except the general education institutions provided in Clause 2 of this Article; and vocational education institutions (except vocational colleges).

5. Chairpersons of district-level People’s Committees may license the establishment of preschool education institutions, primary schools, lower secondary schools, general education schools with mixed educational levels (excluding upper secondary level), except preschool education institutions, and the general education institutions provided in Clause 2 of this Article.

Section 5

PROCEDURES FOR LICENSING VIETNAM-BASED BRANCHES OF FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 40. Foreign-invested education institutions eligible for opening branches

1. Short-term training and retraining institutions.

2. Vocational education institutions.

3. Higher education institutions.

Article 41. Conditions for an education institution to open a branch

1. To have an investment certificate associated with the opening of the education institution’s branch or a modified investment certificate.

2. To have its quality recognized by a quality accreditation agency or organization or a competent Vietnamese or foreign agency.

3. To have a detailed plan to open a branch in accordance with Clause 4, Article 42 of this Decree.

4. To satisfy the conditions provided at Points c and d, Clause 1, Article 36 of this Decree.

5. To meet the capital investment requirements to open a branch provided in Article 28 of this Decree.

Article 42. Dossier of application to open a branch

1. Written request for opening an education institution’s branch.

2. Certified copy of the investment certificate associated with the opening of the education institution’s branch or a modified investment certificate.

3. Certified copy of the quality accreditation document or written recognition of quality by a competent Vietnamese or foreign agency.

4. Detailed plan to open the education institution’s branch, clearly specifying:

Name of the branch; its educational objectives and tasks; planned organizational structure, management and administration and educational activities at the branch;

Specific plans on the construction, development and training scale of the branch in each period, specifying the capacity to meet requirements of physical foundations and equipment; education programs; and teaching staff in accordance with Articles 29, 30 and 31 of this Decree.

5. The provincial-level People’s Committee’s written approval of land allocation or lease and in-principle agreement on rent of physical foundations in accordance with Clause 6, Article 29 of this Decree and related legal papers.

6. Investment project to build physical foundations, covering explanations and the detailed design of the education institution’s branch, in case of building physical foundations.

Article 43. Branch licensing order and procedures

An investor shall make 6 sets of dossiers, including 1 original, for submission to:

a/ The Ministry of Education and Training, for application dossiers to open branches of foreign-invested universities or colleges;

b/ The Ministry of Labor, War Invalids and Social Affairs, for application dossiers to open branches of vocational colleges;

c/ Provincial-level Education and Training Departments, for application dossiers to open branches of short-term training and retraining institutions or professional secondary schools;

d/ Provincial-level Labor, War Invalids and Social Affairs Departments, for application dossiers to open branches of intermediate vocational schools or vocational training centers.

2. Within 5 working days after receiving a dossier, the dossier receiving agency shall check its validity and consult concerned agencies and units in writing. If the dossier is invalid, the dossier receiving agency shall notify the investor in writing for dossier modification and supplementation.

3. Within 10 working days after receiving a written request for opinions from the dossier receiving agency, a consulted agency or unit shall give its written opinions.

4. Within 25 working days after receiving a complete and valid dossier, the dossier receiving agency shall make a verification report and submit it to competent authorities provided in Article 44 of this Decree for consideration and decision.

5. Within 5 working days after receiving a verification report, competent agencies shall consider and decide on the licensing of an education institution’s branch.

6. For a rejected dossier, within 5 working days after receiving opinions from competent authorities, the dossier receiving agency shall notify the investor in writing, clearly stating the reason.

Article 44. Branch licensing competence

The authority competent to license the establishment of an education institution may license the opening of a branch of that education institution.

Section 6

PROCEDURES FOR LICENSING EDUCATIONAL OPERATION

Article 45. Time limit for educational operation registration

1. Education institutions and branches of foreign-invested education institutions in Vietnam may carry out educational activities only after obtaining an educational operation license.

2. Within 3 years (full 36 months) after obtaining a decision to license the establishment of an education institution or the opening of a branch, the following education institutions and their branches shall complete their preparations and submit an educational operation registration dossier:

a/ Higher education institutions and their branches in Vietnam;

b/ Vocational education institutions (except vocational training centers) and their branches in Vietnam.

3. Within 2 years (full 24 months) after obtaining a decision to license the establishment of an education institution or the opening of a branch, the following education institutions and their branches shall complete their preparations and submit an educational operation registration dossier:

a/ Short-term training and retraining institutions and their branches in Vietnam;

b/ Vocational training centers and their branches in Vietnam;

c/ Preschool education institutions;

d/ General education institutions.

4. Past the time limit provided in Clause 2 or 3 of this Article, an education institution or a branch of an education institution registering educational operation that still fails to satisfy the conditions for obtaining an educational operation license will have the decision to permit its establishment or opening revoked.

Article 46. Conditions for obtaining an educational operation license

1. The apparatus and organizational structure of the education institution or its branch have been completed.

2. The education institution has an organization and operation regulation in accordance with law.

3. The conditions on investment capital, physical foundations, equipment, education programs and teachers provided in Articles 28, 29, 30 and 31 of this Decree are met.

4. The conditions for opening disciplines are met, for education institutions that are required by law to carry out discipline opening procedures.

Article 47. Educational operation registration dossier

1. Written registration of educational operation.

2. Certified copy of the decision to license the establishment of the education institution or opening of its branch, together with the dossier of application for establishment of the education institution or opening of its branch.

3. The organization and operation regulation of the education institution or its branch.

4. Report on the progress of investment project implementation, capital contribution and borrowing and total disbursed investment capital.

5. Report on the education institution’s or its branch’s satisfaction of the conditions provided in Articles 28, 29, 30 and 31 of this Decree, together with:

a/ A list of the rector (director), vice rectors (deputy directors), heads of faculties, divisions and departments, and the chief accountant. A dossier of application for an educational operation license for a branch must have an additional list of the branch’s managers and its organizational apparatus and structure;

b/ A list of staff members, teachers and lecturers (permanent and visiting) and their resumes;

c/ Educational levels, training levels, disciplines and occupations to be trained;

d/ Teaching programs and plans, learning materials, list of course books and main reference documents;

e/ Subjects, regulation and time of enrollment;

f/ Training regulation;

g/ Training scale (pupils, students, learners);

h/ Regulations on tuition fees and related charges;

i/ Regulations on test, evaluation, recognition of completion of programs of subjects and modules, and training levels;

j/ Forms of diplomas and certificates to be used.

6. Documents required for opening disciplines in accordance with law, for cases of carrying out discipline opening procedures.

Article 48. Educational operation licensing order and procedures

1. An educational operation registration dossier must be made in 6 sets, including 1 original, and submitted to:

a/ The Ministry of Education and Training, for registration dossiers of higher education institutions and their branches;

b/ The Ministry of Labor, War Invalids and Social Affairs, for registration dossiers of vocational colleges and their branches;

c/ The provincial-level Education and Training Department of the locality in which the education institution or its branch operates, for registration dossiers of short-term training and retraining institutions and their branches; upper secondary schools, general education schools with mixed educational levels (including upper secondary level), preschool education institutions and general education institutions whose establishment is applied by foreign diplomatic missions or intergovernmental organizations; professional secondary schools and their branches;

d/ District-level Education and Training Divisions, for registration dossiers of preschool education institutions, primary schools, lower secondary schools and general education schools with mixed educational levels (excluding upper secondary level);

e/ The provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the education institution operates, for registration dossiers of vocational training centers and intermediate vocational schools and their branches.

2. Within 20 working days after receiving a valid dossier, the dossier receiving agency shall assume the prime responsibility for, and coordinate with related agencies and units in, making field visits to verify the education institution’s satisfaction of prescribed conditions and submit a verification report to competent authorities for consideration and decision.

3. Within 7 working days after receiving a verification report, competent authorities shall give their replies.

4. If the education institution fails to satisfy operation conditions, within 5 working days after receiving opinions from competent authorities, the dossier receiving agency shall issue a written reply clearly stating the reason.

Article 49. Educational operation licensing competence

1. The Minister of Education and Training may license educational operation of higher education institutions and their branches.

2. The Minister of Labor, War Invalids and Social Affairs may license educational operation of vocational colleges and their branches.

3. Directors of provincial-level Education and Training Departments of localities in which education institutions and their branches operate may license educational operation of:

a/ Short-term training and retraining institutions and their branches;

b/ Upper secondary schools, general education schools with mixed educational levels (including upper secondary level);

c/ Preschool education institutions and general education institutions whose establishment is applied by foreign diplomatic missions or intergovernmental organizations;

d/ Professional secondary schools and their branches.

5. Heads of district-level Education and Training Divisions may license educational operation of:

a/ Preschool education institutions;

b/ Primary schools;

c/ Lower secondary schools;

d/ General education schools with mixed educational levels (excluding upper secondary level).

5. Directors of provincial-level Labor, War Invalids and Social Affairs Departments of localities in which vocational training institutions operate may license educational operation of vocational training centers and intermediate vocational schools and their branches.

Article 50. Supplementation and modification of educational activities, disciplines, expansion of scale and subjects of enrollment, modification of training contents and programs

1. A foreign-invested education institution or its branch which needs to supplement or adjust its educational activities, training disciplines, expand its scale and subjects of enrollment, or adjust its training contents and programs shall submit a written request and a dossier to a competent authority provided in Article 49 of this Decree for consideration and decision.

2. Within 20 working days after receiving a valid dossier, a dossier receiving agency provided in Clause 1, Article 48 of this Decree, shall appraise it in accordance with regulations, submit it to competent authorities for consideration and decision, and issue a written reply.

Article 51. Announcement of establishment of foreign-invested education institutions

Within 20 working days after receiving an educational operation license, a foreign-invested education institution shall publish an announcement on at least 1 central newspaper and 1 local newspaper for 5 consecutive issues, which contains the following major details:

1. Name of the foreign-invested education institution in Vietnamese and a popular foreign language.

2. Investment certificate, for cases required to have an investment certificate (its serial number, date of issue and issuing agency, total registered investment capital).

3. Decision to license the establishment of the education institution (its serial number, date of issue and issuing agency).

4. Educational operation license (serial number, date of issue and issuing agency, licensed educational activities).

5. Full name of the rector (director) of the education institution.

6. Address of the education institution and relevant information: telephone and fax numbers, symbol and website (if any) and email address.

7. Bank account number.

Section 7

ENROLLMENT SUSPENSION, TERMINATION OF OPERATION, DISSOLUTION, DIVISION, SPLIT, MERGER AND CONSOLIDATION OF FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 52. Enrollment suspension

1. A foreign-invested education institution is suspended from enrollment when:

a/ It fails to assure conditions for educational activities under this Decree, affecting its education quality;

b/ It violates the law on administrative sanctioning in the education sector to a degree that it is subject to enrollment suspension;

c/ It falls into other cases prescribed law.

2. An authority competent to license operation of an education institution may suspend operation of that institution.

Article 53. Termination of operation and dissolution of foreign-invested education institutions

1. A foreign-invested education institution shall terminate its operation and be dissolved when:

a/ Its operation objectives and contents no longer meet socio-economic development requirements;

b/ Its operation is terminated and it is dissolved under a decision of the state management agency in charge of education and vocational training for its violation of regulations on management, organization and operation of education institutions or under a court ruling or decision;

c/ The organization or person establishing the education institution requests its operation termination and dissolution;

d/ Its operation duration expires;

e/ It falls into other cases prescribed by law.

2. An authority competent to license the establishment of a foreign-invested education institution may decide to terminate operation and permit dissolution of that institution.

3. A dossier of request for dissolution of a foreign-invested education institution comprises:

a/ A written request for dissolution of the education institution;

b/ The decision on dissolution of the education institution, covering:

Name and office address of the education institution;

Reason for dissolution;

Deadline and procedures for liquidation of contracts and payment of debts of the education institution, prioritizing the payment of salaries, severance allowances and social insurance as prescribed by law and other benefits of employees under the collective labor agreement and signed labor contracts, followed by payment of tax arrears and other debts. After paying all debts and dissolution expenses, the remaining amount belongs to the owner of the foreign-invested education institution;

Plan to handle obligations arising from labor contracts;

Measures to guarantee interests of learners, staff members, lecturers, teachers and other employees;

Full name and signature of the education institution’s representative at law.

c/ Decision on operation termination issued by the state management agency in charge of education and vocational training or court ruling or decision, for education institutions subject to dissolution under Point b, Clause 1 of this Article.

4. The order and procedures to permit the dissolution of a foreign-invested education institution are provided as follows:

a/ The foreign-invested education institution’s dissolution request dossier is submitted to the agency receiving its establishment application dossier provided in Clause 1, Article 38 of this Decree;

b/ Within 10 working days, the dossier receiving agency coordinates with related agencies and units in verifying the dossier, makes a verification report and submits it to competent authorities provided in Article 39 of this Decree for consideration and decision. The education institution may be dissolved only when it guarantees to fully pay its debts and other asset obligations;

c/ Within 5 working days, the competent authority considers and gives in-principle approval of the education institution’s dissolution.

5. Within 6 months after obtaining the in-principle approval of its dissolution, the education institution shall liquidate contracts, pay its debts and liquidate its assets.

6. Within 7 working days after completing the dissolution of an education institution and paying all its debts, the education institution’s representative at law shall send to competent authorities:

a/ A report on the fulfillment of dissolution formalities, covering a commitment that all debts have been paid, including tax arrears and legitimate benefits of employees;

b/ A list of creditors and paid debt amounts, including tax and social insurance amounts;

c/ A list of current employees and their settled benefits;

d/ The seal, seal specimen certificate and tax identification number certificate.

7. Within 10 working days after receiving a complete and valid dossier, the receiving agency shall notify the dissolution of an education institution to the tax office and police office and propose a competent authority to certify such dissolution if the tax office and police office have no other objections.

8. The owner of a foreign-invested education institution shall take responsibility for the truthfulness and accuracy of the dissolution dossier of that institution. In case such dossier is inaccurate or falsified, this person shall take joint responsibility for paying unpaid debts or taxes or unsettled benefits of employees and take personal responsibility before law for consequences arising within 3 years (full 36 months) from the date of submitting the dissolution dossier of the education institution to competent authorities.

9. Any disputes of the investor over the liquidation of the education institution shall be settled by a court or arbitration in accordance with law.

10. In the course of liquidation, if an education institution is unable to pay its debts, the liquidation shall terminate and the institution shall be handled under the bankruptcy law.

Article 54. Division, split, merger or consolidation of foreign-invested education institutions

1. The division, split, merger or consolidation of a foreign-invested education institution must adhere to the following principles:

a/ Meeting Vietnam’s socio-economic development requirements;

b/ Conforming with the education institution network master plan;

c/ Contributing to raising education quality and effectiveness;

d/ Guaranteeing benefits of staff members, employees, teachers and learners of the education institution;

e/ Education institutions formed from the division, split, merger or consolidation fully meeting the conditions provided in Articles 28, 29, 30 and 31 of this Decree.

2. An authority competent to license the establishment of a foreign-invested education institution may permit its division, split, merger or consolidation.

3. A dossier of division, split, merger or consolidation of a foreign-invested education institution comprises:

a/ A written request for division, split, merger or consolidation of a foreign-invested education institution:

b/ One of the following documents as appropriate:

Decision on division of the foreign-invested education institution approved by the education institution’s owner. This decision must comply with current law and contain the name and address of the divided education institution; name and address of the education institution to be established; asset division principles and procedures; employment plan; deadline and procedures for transferring the divided education institution’s contributed capital to the education institution to be established; principles of settlement of obligations of the divided education institution; deadline for division of the education institution. This decision must be sent to all of its creditors and notified to its employees within 1 month after the decision is approved;

Decision on split of the foreign-invested education institution approved by the education institution’s owner. This decision must comply with current law and contain the name and address of the split education institution; name and address of the education institution to be established; asset value; rights and obligations to be transferred from the split education institution to the education institution to be established; employment plan; deadline for split of the education institution. This decision must be sent to all of its creditors and notified to its employees within 1 month after the decision is approved;

Merger contract drafted by representatives at law of the involved education institutions. This contract must contain the name and head office address of the merging education institution; name and head office address of the merged education institution; merger procedures and conditions; employment plan; deadline, procedures and conditions for transforming the merged education institution’s assets and contributed capital into contributed capital of the merging education institution; merger deadline;

Consolidation contract drafted by representatives at law of the involved education institutions. This contract must contain the names and head office addresses of consolidated education institutions; name and head office address of the consolidating education institution; consolidation procedures and conditions; employment plan; deadline, procedures and conditions for transforming the consolidated education institutions’ assets and contributed capital into contributed capital of the consolidating education institution; consolidation deadline; draft operation regulation of the consolidating education institution.

4. The order and procedures for division, split, merger or consolidation of a foreign-invested education institution are provided as follows:

a/ The dossier of request for division, split, merger or consolidation of a foreign-invested education institution is submitted to the agency receiving that institution’s establishment application dossier provided in Clause 1, Article 38 of this Decree;

b/ Within 30 working days after receiving a valid dossier, the receiving agency appraises the dossier and submits it to a competent authority provided in Article 39 of this Decree for consideration and decision.

Chapter IV

FOREIGN EDUCATION REPRESENTATIVE OFFICES

Article 55. Functions and tasks

1. A foreign education representative office functions to represent a foreign education organization or institution to:

a/ Enhance cooperation with Vietnamese education institutions through promoting the development of education cooperation programs and projects interested by Vietnamese parties;

b/ Organize educational exchange, counseling, information exchange, seminars and exhibitions to introduce that foreign education organization or institution;

c/ Urge and supervise the implementation of education cooperation agreements signed with Vietnamese education organizations and institutions.

2. A foreign education representative office may not directly carry out profit-making educational activities in Vietnam.

3. A foreign education representative office may not establish its own representative office or branch in Vietnam.

Article 56. Naming of foreign education representative offices

The name of a foreign education representative office consists of the following parts arranged in the following order: “Representative office of”, “name of foreign education organization or institution” and “in Vietnam”.

Article 57. Operation duration

The operation duration of a foreign education representative office is 5 years at most from the date of obtaining its establishment license and may be extended with each extension not exceeding 5 years.

Article 58. Establishment conditions

1. To have the legal entity status in accordance with the law of the country or territory (below referred to as country) in which the foreign education organization or institution is headquartered.

2. To have operated in the host country for at least 5 years.

3. To be an education organization or institution whose quality has been accredited or recognized by a competent agency.

4. To have clear operation charter, guidelines and objectives.

5. To have a regulation on organization and operation of the representative office to be established in Vietnam in accordance with Vietnamese law.

6. The functions and tasks of the representative office to be established in Vietnam comply with Article 55 of this Decree.

Article 59. Establishment application dossiers

1. A dossier of application for establishment of a foreign education representative office in Vietnam comprises:

a/ A written request for establishment of the foreign education representative office;

b/ Document proving the legal status of the foreign education organization or institution;

c/ Summary of the formation and development of the foreign education organization or institution;

d/ Certified copy of the operation charter of the foreign education organization or institution;

e/ The foreign education institution’s quality accreditation certificate or written recognition of quality by a competent agency;

f/ Draft regulation on organization and operation of the foreign education representative office in Vietnam;

g/ Letter of introduction of the nominated chief of the foreign education representative office in Vietnam and his/her resume.

2. Written certifications by foreign agencies must be consularly legalized by the Ministry of Foreign Affairs of Vietnam or overseas diplomatic missions, consulates or agencies authorized to perform the consular function of Vietnam, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 60. Establishment licensing order and procedures

1. A foreign education organization or institution applying to establish a representative office in Vietnam shall send 5 sets of dossiers, including 1 original, to the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.

2. Within 30 working days after receiving a valid dossier, the receiving agency shall verify it and propose competent authorities provided in Article 61 of this Decree to consider and license the establishment of a foreign education representative office.

3. For a rejected dossier, within 5 working days after receiving opinions from competent authorities, the dossier receiving agency shall issue a written reply clearly stating the reason.

Article 61. Licensing competence

1. The Minister of Education and Training may license the establishment of representative offices of foreign education and training organizations and institutions.

2. The Minister of Labor, War Invalids and Social Affairs may license the establishment of representative offices of foreign vocational training organizations and institutions.

3. An authority competent to license the establishment of a foreign education representative office in Vietnam may extend, modify, supplement and revoke the establishment license and suspend or terminate operation of, and dissolve, that representative office.

Article 62. Operation registration

1. Within 20 working days after obtaining a license for a foreign education representative office, a foreign education organization or institution shall register operation with the provincial-level Education and Training Department or Labor, War Invalids and Social Affairs Department of the locality in which the foreign education representative office is based.

2. An operation registration dossier of a foreign education representative office comprises:

a/ Written registration of the foreign education representative office;

b/ Certified copy of the foreign education representative office license and application dossier for establishment of the foreign education representative office submitted to the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs;

c/ Decision on appointment of the chief of the foreign education representative office and his/her resume;

d/ Staff members of the foreign education representative office and their resumes;

e/ Address of the foreign education representative office and related legal papers.

3. Within 10 working days after receiving an operation registration dossier of a foreign education representative office, the director of a provincial-level Education and Training Department or Labor, War Invalids and Social Affairs Department shall consider and grant an operation registration certificate.

4. Within 20 working days after receiving an operation registration certificate, a foreign education representative office shall:

a/ Publish on at least 1 central newspaper and 1 local newspaper for 5 consecutive issues the following major information:

Name of the foreign education representative office in Vietnamese and a popular foreign language (if any);

Foreign education representative office license (serial number, date of issue and issuing agency);

Full name of the chief of the foreign education representative office;

Address of the office, its symbol, telephone and fax numbers, email address and website (if any);

Bank account number;

Operation registration certificate (serial number, date of issue and issuing agency).

b/ Carry out activities in accordance with the objectives, scope, time limit and place of operation indicated in its establishment license and operation registration certificate.

Article 63. Modification, supplementation, extension and re-grant of establishment licenses

1. A foreign education organization or institution shall register modification, supplementation or extension of a foreign education representative office license when:

a/ There is a change in the name, head or office address of the foreign education organization or institution within the country in which it is established;

b/ There is a change in the name, head or office address of the foreign education representative office in Vietnam;

c/ The operation duration provided in the foreign education representative office license expires.

2. A foreign education organization or institution shall apply for a new foreign education representative office license when:

a/ Its functions or scope of operation change(s);

b/ Its head office is relocated from one country to another;

c/ The foreign education representative office license is lost.

3. Within 10 working days after a change in or the loss of a foreign education representative office license or 30 days before the expiration of a foreign education representative office license, a foreign education organization or institution shall submit a dossier of request for modification, supplementation, extension or re-grant of a foreign education representative office license to a competent agency.

4. A dossier of request for modification, supplementation, extension or re-grant of a foreign education representative office license comprises:

a/ An application of the foreign education organization or institution with the following major contents:

Full name and address of the foreign education representative office;

Contents to be changed or modified;

Reason for modification, supplementation, extension or re-grant of the foreign education representative office license.

b/ Foreign education representative office license;

c/ Operation registration certificate of the foreign education representative office.

5. Within 20 working days after receiving a complete and valid dossier of a foreign education organization or institution, a competent authority shall consider and grant a new or modified foreign education representative office license.

6. For a rejected dossier, within 5 working days after receiving opinions from competent authorities, the dossier receiving agency shall reply the foreign education organization or institution in writing, clearly stating the reason.

Article 64. Termination of operation, withdrawal of establishment licenses

1. A foreign education representative office terminates its operation when:

a/ The operation duration indicated in the license expires;

b/ Such termination is requested by the foreign education organization or institution establishing the representative office;

c/ The foreign education representative office license is revoked under Clause 2 of this Article.

2. A foreign education representative office license is revoked when:

a/ The foreign education representative office fails to operate within 6 months after obtaining a new license or 3 months after obtaining an extended license;

b/ The application dossier of the foreign education representative office license is detected to be falsified;

c/ The foreign education representative office operates in contravention of its license or violates this Decree or Vietnamese law.

3. The agency licensing the foreign education representative office shall notify the reason for revoking the license or terminating operation of a foreign education representative office to the foreign education organization or institution and the concerned provincial-level People’s Committee before the representative office terminates its operation.

4. Within 60 working days after being notified of its operation termination, a foreign education representative office shall complete all procedures related to debts, salaries, social insurance regimes, house rents and other financial obligations (if any), return its license and seal and send a report to the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs. In case of obtaining the managing ministry’s approval, this time limit may be extended, but must not exceed 1 year.

Article 65. Rights and obligations of foreign education representative offices

1. A foreign education representative office has the following rights:

a/ During its operation in Vietnam, to have its rights and legitimate interests protected by the Vietnamese State in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ To rent an office, rent or purchase means and equipment necessary for its operation;

c/ To employ Vietnamese and foreigners in accordance with Vietnamese law;

d/ To open spending accounts in foreign currencies and Vietnam dong of foreign currency origin at licensed banks in Vietnam and use these accounts only for its operation;

e/ To have a seal bearing its name in accordance with Vietnamese law;

f/ To have other rights in accordance with law.

2. A foreign education representative office has the following obligations:

a/ To operate in accordance with the contents and scope of operation provided in its establishment license. The foreign education organization or institution shall take responsibility for all activities of its representative office in Vietnam;

b/ To annually (before December 15) send a report on its activities to its licensing agency and the agency granting its operation registration certificate and to report or provide documents on or explain about related issues when so requested by competent Vietnamese agencies;

c/ The chief of the foreign education representative office in Vietnam: To perform the tasks as authorized by the foreign education organization or institution within the scope and time of authorization;

d/ Foreign staff members of the foreign education representative office:

To comply with the purpose of entering Vietnam;

To strictly observe Vietnamese law, customs and practices. To be handled in accordance with Vietnamese law for any violations of Vietnamese law.

e/ To have other obligations in accordance with law.

Chapter V

STATE MANAGEMENT

Article 66. State management of foreign cooperation and investment in education

1. To elaborate and direct the implementation of strategies, master plans, plans and policies on foreign cooperation and investment in education.

2. To promulgate, disseminate, guide and organize the implementation of policies and legal documents on foreign cooperation and investment in education.

3. To perform the state management of international cooperation, to examine, inspect and supervise the signing and implementation of cooperation agreements between Vietnamese and foreign education organizations or institutions, assuring compliance with Vietnamese law.

4. To prescribe training objectives, programs and contents; conditions on physical foundations and equipment; conditions on teachers; diplomas and certificates for joint training programs and foreign-invested education institutions.

5. To organize and manage education quality assurance and accreditation of joint training programs and foreign-invested education institutions.

6. To organize and manage Vietnamese citizens going abroad for study, teaching, academic exchange, conferences and seminars, and foreigners and overseas Vietnamese entering Vietnam for the above purposes.

7. To grant, modify and extend decisions to approve joint training plans.

8. To grant, modify and revoke investment certificates.

9. To grant, modify and revoke decisions to license the establishment or branch opening of foreign-invested education institutions and educational operation licenses of foreign-invested education institutions.

10. To grant, modify, supplement, extend, re-grant and revoke establishment licenses for foreign education representative offices in Vietnam.

11. To guide and support investors in investment project implementation and settle problems and requests of investors in the establishment of education institutions.

12. To assess macro-economic impacts and effectiveness of foreign investment in education.

13. To coordinate with state management agencies at all levels in managing foreign investment activities in the education sector.

14. To provide professional training and retraining and increase foreign investment management capacity in the education sector for investment state management agencies at all levels.

15. To make statistics and information on foreign cooperation and investment in education.

16. To guide and organize the examination, inspection, supervision and assessment of, and settle complaints and denunciations, commend and handle violations in, activities of foreign cooperation and investment in education.

Article 67. Responsibilities of the Ministry of Education and Training

1. To elaborate and propose competent authorities to promulgate or promulgate according to its competence legal documents on foreign cooperation and investment in education.

2. To assume the prime responsibility for appraising and approving joint training plans in higher education.

3. To guide procedures, receive dossiers, assume the prime responsibility for appraising, and license according to its competence or propose the Prime Minister to license the establishment of foreign-invested higher education institutions, their branches and foreign education representative offices in Vietnam.

4. To guide procedures, receive dossiers, assume the prime responsibility for appraising, and grant operation licenses to foreign-invested education institutions.

5. To assume the prime responsibility for, and coordinate with related agencies in, performing the comprehensive management of joint training programs, foreign-invested education institutions and foreign education representative offices under the management of the education and training sector.

6. To guide and organize professional training and retraining activities and increase the state management capacity for education and training institutions and education and training divisions in foreign cooperation and investment in education.

7. To guide and support investors in investment project implementation and settle their problems in the establishment of education institutions.

8. To guide and organize the examination, inspection, supervision and assessment of, and settle complaints and denunciations, commend and handle violations in, activities of foreign cooperation and investment in education.

9. To biannually and annually report to the Prime Minister on the implementation of programs and projects on foreign cooperation and investment in education.

Article 68. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To elaborate and propose competent authorities to promulgate or promulgate according to its competence legal documents on foreign cooperation and investment in vocational training.

2. To assume the prime responsibility for appraising and approving joint training plans of vocational colleges.

3. To guide procedures, receive dossiers, assume the prime responsibility for appraising, and license according to its competence the establishment of foreign-invested vocational colleges, their branches and Vietnam-based representative offices of foreign education organizations or institutions.

4. To guide procedures, receive dossiers, assume the prime responsibility for appraising, and grant operation licenses to foreign-invested vocational colleges.

5. To assume the prime responsibility for, and coordinate with related agencies in, performing the comprehensive management of joint training programs, foreign-invested education institutions and foreign education representative offices in the vocational training sector.

6. To guide and organize professional training and retraining activities and increase the state management capacity of provincial-level Labor, War Invalids and Social Affairs Departments in foreign cooperation and investment in vocational training.

7. To guide and support investors in investment project implementation and settle their problems in the establishment of foreign-invested vocational training institutions.

8. To guide and organize the examination, inspection, supervision and assessment of, and settle complaints and denunciations, commend and handle violations in, activities of foreign cooperation and investment in vocational training.

9. To biannually and annually report to the Prime Minister on the implementation of programs and projects on foreign cooperation and investment in vocational training.

Article 69. Responsibilities of the Ministry of Planning and Investment

1. To coordinate with the Ministry of Education and Training in appraising application dossiers for establishment of foreign-invested universities.

2. To examine, supervise and inspect foreign investment activities according to its competence; to elaborate programs and plans on intersectoral examination and supervision of foreign investment in education in the implementation of the investment law; to inspect investment certificate granting agencies in granting, modifying and revoking investment certificates in accordance with the investment law and related legal documents; to examine and inspect the observance of approved master plans in the investment process.

3. To coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and related agencies in managing foreign-invested education institutions.

4. To guide and support investors in investment project implementation and settle their problems and requests in the establishment of foreign-invested education institutions.

5. To report on foreign investment activities in the education sector in accordance with regimes on foreign investment reporting and statistics provided in the Investment Law and its guiding documents.

Article 70. Responsibilities of the Ministry of Finance

1. To coordinate with the Ministry of Education and Training in appraising application dossiers for establishment of foreign-invested universities.

2. To examine, inspect and supervise the implementation of the laws on finance, accounting, audit and taxes in activities of foreign cooperation and investment in education.

3. To guide and settle problems under its management arising in activities of foreign cooperation and investment in education.

4. To coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Planning and Investment and related agencies in managing foreign-invested education institutions.

Article 71. Responsibilities of the Ministry of Public Security

To give opinions about issues related to security and order for foreign cooperation and investment in education, training and vocational training.

Article 72. Responsibilities of provincial-level People’s Committees

1. To elaborate and propose competent authorities to decide on local education development master plans, plans, programs, projects and policies; to direct, guide, examine and organize the implementation of approved education development master plans, plans, programs, projects and policies.

2. Based on local socio-economic development master plans and local education development master plans, plans, programs, projects and policies, to make and announce a list of education projects calling for investment in their localities; to organize investment raising and promotion.

3. To assume the prime responsibility for verifying, granting, modifying and revoking investment certificates; and license foreign-invested education institutions and their branches according to their competence.

4. To coordinate with related agencies in appraising application dossiers for establishment of foreign-invested universities, colleges and vocational colleges.

5. To perform the state management of programs and projects on foreign cooperation and investment in education in their localities as follows:

a/ To assume the prime responsibility for, and coordinate with related agencies and units in, assigning responsibilities to functional agencies of provincial-level People’s Committees for comprehensive management of foreign-invested education institutions, joint training programs and foreign education representative offices operating in their provinces;

b/ To monitor, supervise and examine the realization of objectives of investment projects, capital contribution and investment project implementation progresses; to supervise and examine the fulfillment of financial obligations, labor relations, salaries, protection of the rights and legitimate interests of employees and employers and protection of the eco-environment; to assume the prime responsibility for or join ministries and sector in inspecting investment projects in their localities;

c/ To organize ground clearance, land allocation or lease, grant of land use right certificates and land use management for foreign-invested education institutions;

d/ To settle problems and difficulties of investors; to propose the Prime Minister or related ministries and sectors to settle matters beyond their competence;

e/ To assess the effectiveness of foreign investment in education in their provinces.

6. To direct, guide and organize statistical and information work, to biannually and annually report on foreign cooperation and investment in education in their localities to the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Planning and Investment.

Article 73. Inspection, examination and administrative sanctioning

1. Inspection and examination:

a/ The Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and other state management agencies shall inspect and examine joint training programs, foreign-invested education institutions and foreign education representative offices in Vietnam in accordance with law;

b/ The scope, organization and operation of investment inspection comply with the investment law and the inspection law regarding the state management of investment and investment projects.

2. Administrative sanctioning in the education sector:

a/ The Inspectorates of the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs and other state management agencies may sanction the administrative violations provided in the Government’s Decree on administrative sanctioning in the education sector and Decree on administrative sanctioning in the vocational training sector;

b/ Violations of the investment law and their handling comply with law.

3. The settlement of disputes related to investment activities complies with the investment law and relevant laws.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 74. Transitional provisions

1. Foreign-invested education institutions and branches of education institutions that have obtained an investment certificate cum business registration certificate and an educational operation license before the effective date of this Decree are not subject to re-approval but shall supplement and complete their dossiers within 6 months after the effective date of this Decree to obtain a decision to license the establishment of an education institution or opening of a branch.

2. Foreign investment projects in the education, training and vocational training sector that have obtained an investment certificate cum business registration certificate but have not obtained an educational operation license before the effective date of this Decree must comply with Sections 4, 5 and 6, Chapter III of this Decree.

3. Foreign investment projects in the education, training and vocational training sector that submitted dossiers but have not obtained an investment certificate cum business registration certificate before the effective date of this Decree must comply with Sections 3, 4, 5 and 6, Chapter III of this Decree.

4. Submitted dossiers of request for approval of joint training plans that have not been approved before the effective date of this Decree must comply with Chapter II of this Decree.

5. Submitted application dossiers for establishment of foreign education representative offices that have not been licensed before the effective date of this Decree must comply with Chapter IV of this Decree.

Article 75. Implementation provisions

1. This Decree takes effect on November 15, 2012.

2. This Decree annuls provisions on education and training of the Government’s Decree No. 18/2001/ND-CP of May 4, 2001, on establishment and operation of foreign cultural and educational institutions in Vietnam, and Decree No. 06/2000/ND-CP of March 6, 2000, on foreign investment cooperation in medical examination and treatment, education and training, and scientific research, and other provisions related to foreign cooperation and investment in education which are contrary to this Decree.

3. The Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall, within the ambit of their functions, tasks, powers and responsibilities, guide the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG