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

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ATTRIBUTE

Decree No. 73/2012/ND-CP dated September 26, 2012 of the Government on the foreign cooperation and investment in education
Issuing body: GovernmentEffective date:
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Official number:73/2012/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:26/09/2012Effect status:
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Fields:Education - Training - Vocational training , Investment

SUMMARY

FOREIGN PROGRAMS ISN’T APPLY TO STUDENTS UNDER 05 YEARS OLD

This is one of the contents regulated under the Decree No. 73/2012/ND-CP dated September 26, 2012 of the Government on the foreign cooperation and investment in education.

Besides, the Decree also regulated 5 permissible forms of foreign-capitalized educational institutions including: short-term training institutions; Preschool education institutions following foreign educational programs for foreign children; Compulsory education institutions (elementary schools, middle schools, high schools, and mixed compulsory education institution) following foreign educational programs, issuing foreign qualifications, for foreign students and part of Vietnamese students; Vocational education institution; Higher education institutions.

Of which, the projects of investment in establishing preschool education institutions; compulsory education institutions; short-term training institutions; vocational training centers must reach at least 30 million VND per kid; 50 million VND per student; 20 million VND per student; and least 60 million VND per student respectively (not including the expense on land tenancy)… For foreign-capitalized educational institutions of which the facilities are leased or contributed by the Vietnamese party, investment must reach at least 70% of the investment as prescribed above.

This Decree takes effect on November 15, 2012.
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THE GOVERNMENT
-------
No. 73/2012/ND-CP
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
Hanoi, September 26, 2012
 
DECREE
ON THE FOREIGN COOPERATION AND INVESTMENT IN EDUCATION
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Education dated June 14, 2005; and the Law on amending and supplementing a number of articles of the Law on Education dated November 25, 2009;
Pursuant to the Law on Investment dated November 29, 2005;
Pursuant to the Law on Enterprise dated November 29, 2005, amended and supplemented in 2009;
Pursuant to the Law on Vocational training dated November 29, 2006;
At the proposal of the Minister of Education and Training and Minister of Labor, War Invalids and Social Affairs;
The Government promulgates a Decree on the foreign cooperation and investment  in education,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Decree prescribes the foreign cooperation and investment in education and educational training, including educational association, foreign-capitalized educational institutions, representative offices of foreign education in Vietnam.
2. This Decree is applicable to Vietnamese organizations and individuals, international organizations, and foreign organizations and individuals engaged in cooperation and investment in education and vocational training.
Article 2. Interpretation of terms
The terms in this Decree is construed as follows:
1. Educational association is a cooperation between a Vietnamese educational institution and a foreign educational institution in running a training program to issue qualifications or certificates without establishing a legal entity.
2. Educational institutions include preschool education institutions, compulsory education institutions, vocational education institutions, higher education institutions, and continuing education institutions.
3. Vocational education institutions include vocational training centers, vocational intermediate schools, and vocational colleges.
4. Vocational training institutions include vocational training centers, vocational intermediate schools, and vocational colleges.
5. Higher education institutions include universities and colleges.
6. Short-term training institutions are institutions that provide training in foreign languages, IT, cultures, specialized skills…
7. Foreign-capitalized educational institutions include 100% foreign-capitalized educational institutions, educational institutions in a joint venture between a domestic investor and a foreign investor.
8. A campus is an affiliated unit of a foreign-capitalized educational institutions in Vietnam, assigned to carry out all or part of the functions and duties of the educational institution, including authorized representation.
9. A representative office in Vietnam of a foreign education institution (hereinafter referred to as representative office of foreign education) is an affiliated unit of the foreigns education institution, established and operated in Vietnam for the purpose of accelerating and developing the cooperation and investment in education as prescribed by Vietnam’s laws.
10. A valid dossier is a dossier that sufficiently contain sufficient papers that are completely declared as prescribed in this Decree.
11. Dividing an educational institution is when an educational institution is divided into two new educational institutions or more. After dividing, the divided educational institution no longer exists, the civil rights and obligations of the divided educational institution shall be transferred to the new educational institutions according to the decision on dividing the educational institution, in conformity with the purpose of the new educational institutions.
12. Splitting an educational institution is when part of an educational institution is split and form a new educational institution or more. After splitting, the split educational institution and the new educational institutions shall exercise their civil rights and take on their obligations according to the decision on splitting the educational institution, in conformity with their purposes.
13. Merging a educational institution is when an educational institution is merged (hereinafter referred to as a transferor educational institution) into another educational institution (hereinafter referred to as a transferee educational institution) After merging, the merged educational institution no longer exists, the civil rights and obligations of the merged educational institution shall be transferred to the merging educational institution.
14. Consolidating an educational institution is when two or some educational institutions of the same kind is combined into a new educational institution. After consolidating, the old educational institutions no longer exist, the civil rights and obligations of the old educational institution shall be transferred to the new one.
Article 3. The disciplines allowed to cooperate and invest in
1. Foreign organizations and individuals, international organizations (hereinafter referred to as foreign organizations and individuals) are allowed to cooperate and invest in education and vocational training as prescribed by Vietnam’s law and the International Agreements to which Vietnam is a signatory.
2. Depending on the requirements for socio-economic development of the country, the Minister of Education and Training and Minister of Labor, War Invalids and Social Affairs shall compile a list of disciplines in which foreign organizations and individuals may cooperate and invest.
Article 4. Education quality assessment
1. During the operation, educational institutions engaged in educational association and foreign-capitalized educational institutions in Vietnam must:
a) Bear responsibility for the education quality; periodically carry out internal inspection and quality enhancement by Vietnam’s or foreign standards.
b) Periodically apply for quality assessment as prescribed by the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.
2. Organizations competent to assess the quality of the educational association program and foreign-capitalized educational institutions in Vietnam are Vietnam’s education quality assessment organizations or foreign education quality assessment organizations accredited by the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs.
3. The Minister of Education and Training and Minister of Labor, War Invalids and Social Affairs shall specify the criteria, procedures, and period of education quality assessment, as well as the tasks, responsibilities, and authority of Vietnam’s education quality assessment organizations applicable to the quality assessment of educational association programs and foreign-capitalized educational institutions in Vietnam.
Article 5. Finance for foreign cooperation and investment
1. Educational institutions engaged in educational association with foreign partners, foreign-capitalized educational institutions, and representative offices of foreign education must comply with current Vietnam’s law provisions on finance, accounting, audit, and taxation.
2. The Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Finance must guide the provisions on finance, accounting, audit, and taxation applicable to foreign cooperation and investment in education and vocational training.
Chapter 2.
EDUCATIONAL ASSOCIATION
SECTION 1. FORMS, SUBJECTS, RANGE, AND PERIODS OF EDUCATIONAL ASSOCIATION, QUALIFICATIONS AND CERTIFICATES
Article 6. Permissible forms of educational association
Directly running a foreign program or a program formulated by both parties; running the entire program in Vietnam, or part of it in Vietnam and the rest overseas; issuing Vietnam’s or foreign qualifications and certificates depending on each party’s regulation.
Article 7. Subjects and range of educational association
1. Subjects of educational association:
a) Vocational education institutions and higher education institutions lawfully established and operated in Vietnam;

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