Decree No. 86/2018/ND-CP dated June 06, 2018 of the Government on foreign cooperation and investment in education

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ATTRIBUTE

Decree No. 86/2018/ND-CP dated June 06, 2018 of the Government on foreign cooperation and investment in education
Issuing body: GovernmentEffective date:
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Official number:86/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:06/06/2018Effect status:
Known

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Fields:Education - Training - Vocational training

SUMMARY

To annul the provision child below 5 years old is not allowed to study in international school

On June 06, 2018, the Government issues the Decree No. 86/2018/ND-CP on foreign cooperation and investment in education which takes effect on August 01, 2018

One of the new provisions of this Decree is instead of prohibiting Vietnamese children who are not enough 5 years old to study international program, this Decree only requires the number of Vietnamese students who participate in the foreign educational program shall be lower than 50% of the total students who participate in the aforesaid program at the educational institution.

Also in accordance with this Decree, the period of operation of a foreign-invested educational institution shall be no longer than 50 years from the date on which the certificate of investment registration is issued, but shall not exceed the renting period.

The period of joint training program and of test administration carried out to issue foreign certificates of language proficiency shall be no longer than 05 years from the date on which the application is approved and may be extended; each extended period shall be no more than 05 years but not exceeding the time limit specified in the agreement or the cooperation contract signed by both parties.

This Decree replaces the Decree No. 73/2012 /ND-CP and the Decree No. 124/2014/ND-CP.

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Effect status: Known
TTXVN

THE GOVERNMENT

Decree No. 86/2018/ND-CP dated June 06, 2018 of the Government on foreign cooperation and investment in education

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Education dated June 14, 2005; the Law on amending and supplementing a number of articles of the Law on Education dated November 25, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Law on Investment dated November 26, 2014; the Law on amending and supplementing Article 6 and Appendix 4 on the List of sectors and trades subject to conditional business investment of the Law on Investment dated November 22, 2016;

Pursuant to the Law on Enterprises dated November 26, 2014;

At the request of the Minister of Education and Training;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. This Decree provides regulations on foreign cooperation and investment in education including: joint education and training with foreign partners, foreign-invested educational institutions; representative offices of foreign education institutions in Vietnam.

2. This Decree shall be applicable to Vietnamese organizations and individuals, international organizations, and foreign organizations and individuals who cooperate and invest in education and training in Vietnam.

3. This Decree shall not be applicable to foreign partners and investors who cooperate and invest in vocational education in Vietnam.

Article 2. Definitions

 For the purpose of this Decree, the following terms are construed as follows:

1. “Foreign-invested educational institutions” refer to institutions financed by foreign invested business entities which operate in accordance with the laws of Vietnam and are allowed to use their own seals and accounts.

2. "Short-term training institutions” refer to foreign-invested educational institutions including centers that provide training in foreign languages, IT, cultures and specialized skills, and training institutions established by foreign diplomatic missions and/or international governmental organizations, which are permitted to operate in Vietnam.

3. “Integrated education program” means a Vietnamese education program that is integrated with a foreign education program but still ensures its own objectives and avoids duplicated contents and knowledge.

4. “Joint education” means a form of cooperation between a Vietnamese pre-school or compulsory educational institution and a foreign educational institution in order to deliver an integrated education program.

5. “Joint training” means a form of cooperation between a Vietnamese higher educational institution and a foreign higher educational institution in order to deliver a training program leading to issuance of degrees or certificates without establishing a legal entity.

6. “A branch campus of a foreign-invested educational institution in Vietnam” means a unit within that institution’s organizational structure and also under its management.

7. “A representative office” means an affiliated unit of a foreign education establishing and operating in Vietnam to promote and develop cooperation and investment in education according to Vietnam’s laws.

Article 3. Education sectors permitted for cooperation and investment

1. Foreign organizations and individuals, and international organizations (hereinafter referred to as foreign entities) are permitted to cooperate and invest in education according to Vietnam’s laws and the International Agreements to which Vietnam is a signatory.

2. Foreign entities are permitted to cooperate and invest in training disciplines according to the current regulations except in national security and defense, politics and religions.

Article 4. Quality assurance and accreditation

1. The joint education and training between Vietnam and foreign countries and the operation of foreign-invested educational institutions in Vietnam shall comply with Vietnam’s current regulations on quality assurance.

2. The educational institutions that are engaged in joint education and training with foreign partners and the foreign-invested educational institutions in Vietnam shall carry out accreditation in accordance with the current regulations of Vietnam.

Article 5. Finance for foreign cooperation and investment

1. The educational institutions that are engaged in joint education and training with foreign partners, the foreign-invested educational institutions and the representative offices shall comply with Vietnam's current regulations on finance, accounting, audit and taxation.

2. A foreign investor shall be permitted to contribute capital to and to purchase shares and stakes from a Vietnamese educational institution and a foreign-invested business entity that establishes an educational institution in Vietnam. The procedures for contributing capital to and to purchase shares and stakes shall be completed in accordance with the Law on Investment.

Chapter II

JOINT EDUCATION AND TRAINING WITH FOREIGN PARTNERS

Section 1: Joint education

Article 6. Entities eligible for engaging in joint education

Private pre-school educational institutions and private compulsory educational institutions in Vietnam, and legal educational institutions in foreign countries that are accredited by education quality assessment organizations or foreign competent agencies.

Article 7. Education programs, facilities and teaching staff

1. Education programs.

a. A foreign education program which is introduced in the integrated program shall be accredited by the home country or by an educational competent agency of the aforesaid country.

b. The integrated education program shall ensure the objectives of the Vietnamese education program and still satisfy the requirements of the foreign education program; learners shall not be forced to study the same contents again, and the integrated program shall ensure its consistency throughout the class level and the connection between levels for the benefit of students; the aforesaid program shall also ensure that students are allowed for volunteer participation and shall not overwhelm them.

c. An integrated education program shall be approved by a competent agency. The Minister of Education and Training provides specific provisions for the integration between Vietnamese education programs and foreign education programs.

2. The size of class and the facilities shall satisfy the requirements of the integrated program and shall not affect the teaching activities of the Vietnamese educational institution during the cooperation process.

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ENGLISH DOCUMENTS

Official Gazette
Decree 86/2018/NĐ-CP PDF

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