Stipulation on foreign cooperation and investment in education
10:37 14/08/2018
The Government has just issued Decree No. 86/2018/ND-CP dated June 06, 2018 stipulating 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.
The Decree is applicable to Vietnamese organizations and individuals, international organizations, and foreign organizations and individuals who cooperate and invest in education and training in Vietnam and it is not applicable to foreign partners and investors who cooperate and invest in vocational education in Vietnam.
The Decree stipulates in detail the joint training at bachelor’s, master’s and doctorate levels and examination for issuance of certificates of foreign language proficiency. Accordingly, the Institutions eligible for providing joint training programs at bachelor’s, master's and doctorate levels include: the higher educational institutions legally established and lawfully operating in Vietnam (of which the education quality has been accredited) and the higher educational institutions legally established and lawfully operating in foreign countries (which have been recognized by foreign accreditation organizations or foreign competent agencies, and recognized by Vietnam's competent authorities). Meanwhile, the institutions or organizations allowed to jointly administer exams and issue certificates of foreign language proficiency are educational or training institutions or organizations that are legally established and operate in Vietnam and agencies and organizations assessing language proficiency and are legally established and operate in foreign countries. There are three forms of joint training: direct, online and combination of both direct and online joint training programs.
The subjects in the joint training program that are designed to issue foreign certificates must be taught in foreign languages, neither in Vietnamese nor through a translator. The subjects in the joint training program that are designed to issue Vietnamese certificates might be taught in Vietnamese or through a translator.
About the application documents for approval for cooperation in joint training program, both parties have to send 01 set of application documents in person or by post to a competent authority including:
- A written application form for approval for joint training program with a foreign partner, signed by both parties.
- An agreement or a cooperation contract between two parties, in which there is specific information about both parties and responsibilities taken by both parties for the provided information about the program, studying and teaching materials, lecturers, facilities, examination, assessment, qualifications, financial information and other related information.
- The documents proving the legal status of both parties including: A certified true copy or a copy enclosed with an original of the decision on approving the establishment of the educational institution, or other equivalent.
- The documents proving that both Vietnamese educational institution and foreign educational institution are permitted to provide training in the expected sector.
- A certificate of accreditation for foreign training program or documents on recognition of the education quality from a competent agency.
- A written approval for the joint training program conducted with a foreign partner from the superior body, which is applicable to Vietnamese educational institution.
- The project of joint training conducted with a foreign partner which is developed by both partners will include the following contents: The necessity; the objectives of the joint training program; the introduction of both parties; the contents of joint training program; the discipline and level of training; the facilities, equipment and teaching contents; the list of expected lecturers enclosed with their resumes; the enrollment candidates and enrollment criteria; the training scale; the forms of examination and assessment; qualifications expected to be issued; the equivalence between the foreign certificates and Vietnam's certificates; the measures for maintaining education quality and protecting benefits of learners and employees; the management staff; the resumes of the representatives of the Vietnamese educational institution and foreign educational institution that participate in managing the program; the tuition rates and financial aids from Vietnam's and foreign entities (if any); the budget estimates; the financial management mechanism; responsibilities and entitlements of both parties; responsibilities and entitlements of teachers and learners.
About joint test administration which is carried out to issue foreign certificates of language proficiency, the application documents include:
- An application form for approval for the joint test administration
- An agreement or a cooperation contract between the Vietnamese test center and the foreign-owned test center.
- A written document proving the legal status of both parties.
- The plan for administering tests to issue foreign certificates of language proficiency has information about: the value and scope of use of foreign language certificates, the proofs of quality assurance for administering tests, the locations for administering tests, the forms of joint test administration, responsibilities of both parties, the testing fees and other fees, collection and payment mechanism and financial management mechanism, entitlements and responsibilities of the examinees, and other related information.
According to the Decree, the Minister of Education and Training has authority to approve the joint test administration aiming to issue foreign certificates of language proficiency, the joint training program at bachelor’s, master's and doctorate levels. The directors of national universities and regional universities, and the heads of educational institutions operating with autonomy mechanism have authority to approve the direct joint training programs at bachelor’s, master's and doctorate levels provided at their institutions. The principals (directors) of the Vietnamese educational institutions will approve the joint training program provided to issue certificates other than foreign certificates of language proficiency and certificates of training to be converted to number of credits or modules as basis for award of degrees.
This Decree will come into force from August 01, 2018 and replace the Government’s Decree No. 73/2012 /ND-CP dated September 26, 2012 and the Decree No. 124/2014/ND-CP dated December 29, 2014.
The Decree stipulates in detail the joint training at bachelor’s, master’s and doctorate levels and examination for issuance of certificates of foreign language proficiency. Accordingly, the Institutions eligible for providing joint training programs at bachelor’s, master's and doctorate levels include: the higher educational institutions legally established and lawfully operating in Vietnam (of which the education quality has been accredited) and the higher educational institutions legally established and lawfully operating in foreign countries (which have been recognized by foreign accreditation organizations or foreign competent agencies, and recognized by Vietnam's competent authorities). Meanwhile, the institutions or organizations allowed to jointly administer exams and issue certificates of foreign language proficiency are educational or training institutions or organizations that are legally established and operate in Vietnam and agencies and organizations assessing language proficiency and are legally established and operate in foreign countries. There are three forms of joint training: direct, online and combination of both direct and online joint training programs.
The subjects in the joint training program that are designed to issue foreign certificates must be taught in foreign languages, neither in Vietnamese nor through a translator. The subjects in the joint training program that are designed to issue Vietnamese certificates might be taught in Vietnamese or through a translator.
About the application documents for approval for cooperation in joint training program, both parties have to send 01 set of application documents in person or by post to a competent authority including:
- A written application form for approval for joint training program with a foreign partner, signed by both parties.
- An agreement or a cooperation contract between two parties, in which there is specific information about both parties and responsibilities taken by both parties for the provided information about the program, studying and teaching materials, lecturers, facilities, examination, assessment, qualifications, financial information and other related information.
- The documents proving the legal status of both parties including: A certified true copy or a copy enclosed with an original of the decision on approving the establishment of the educational institution, or other equivalent.
- The documents proving that both Vietnamese educational institution and foreign educational institution are permitted to provide training in the expected sector.
- A certificate of accreditation for foreign training program or documents on recognition of the education quality from a competent agency.
- A written approval for the joint training program conducted with a foreign partner from the superior body, which is applicable to Vietnamese educational institution.
- The project of joint training conducted with a foreign partner which is developed by both partners will include the following contents: The necessity; the objectives of the joint training program; the introduction of both parties; the contents of joint training program; the discipline and level of training; the facilities, equipment and teaching contents; the list of expected lecturers enclosed with their resumes; the enrollment candidates and enrollment criteria; the training scale; the forms of examination and assessment; qualifications expected to be issued; the equivalence between the foreign certificates and Vietnam's certificates; the measures for maintaining education quality and protecting benefits of learners and employees; the management staff; the resumes of the representatives of the Vietnamese educational institution and foreign educational institution that participate in managing the program; the tuition rates and financial aids from Vietnam's and foreign entities (if any); the budget estimates; the financial management mechanism; responsibilities and entitlements of both parties; responsibilities and entitlements of teachers and learners.
About joint test administration which is carried out to issue foreign certificates of language proficiency, the application documents include:
- An application form for approval for the joint test administration
- An agreement or a cooperation contract between the Vietnamese test center and the foreign-owned test center.
- A written document proving the legal status of both parties.
- The plan for administering tests to issue foreign certificates of language proficiency has information about: the value and scope of use of foreign language certificates, the proofs of quality assurance for administering tests, the locations for administering tests, the forms of joint test administration, responsibilities of both parties, the testing fees and other fees, collection and payment mechanism and financial management mechanism, entitlements and responsibilities of the examinees, and other related information.
According to the Decree, the Minister of Education and Training has authority to approve the joint test administration aiming to issue foreign certificates of language proficiency, the joint training program at bachelor’s, master's and doctorate levels. The directors of national universities and regional universities, and the heads of educational institutions operating with autonomy mechanism have authority to approve the direct joint training programs at bachelor’s, master's and doctorate levels provided at their institutions. The principals (directors) of the Vietnamese educational institutions will approve the joint training program provided to issue certificates other than foreign certificates of language proficiency and certificates of training to be converted to number of credits or modules as basis for award of degrees.
This Decree will come into force from August 01, 2018 and replace the Government’s Decree No. 73/2012 /ND-CP dated September 26, 2012 and the Decree No. 124/2014/ND-CP dated December 29, 2014.