Application for approval for educational provision of foreign-invested higher education institutions in Vietnam

What does an application for approval for educational provision of foreign-invested higher education institutions in Vietnam include?

Based on Article 46 of Decree 86/2018/ND-CP, the application for approval for educational provision for foreign-invested higher education institutions includes:

- The application for approval for educational provision following Form No. 16 in the Appendix issued with Decree 86/2018/ND-CP. Download

- Copies certified by notary or original for comparison of the decision permitting establishment of the institution with foreign investment; notarized copies or original for comparison of the investment registration certificate and the enterprise registration certificate for short-term training institutions with foreign investment.

- Regulations on organization and operation of the education institution.

- Progress report on the implementation of the investment project, the situation of capital contribution, borrowing, and the total investment capital implemented.

- Explanatory report on how the higher education institution has met the requirements stipulated in Articles 35, 36, 37, and 38 of Decree 86/2018/ND-CP regarding physical facilities, educational programs, teaching staff, and investment capital, along with the following enclosed:

+ List of the principal (director), vice-principals (vice-directors), heads of faculties, departments, and chief accountant.

+ List and personal history of staff, teachers, and lecturers (permanent, visiting);

+ Description of grade levels, educational levels, and training disciplines;

+ Teaching program, teaching plan, study materials, list of textbooks, and main reference documents;

+ Admission targets, admission regulations and schedules;

+ Training regulations;

+ Training scale (students, trainees);

+ Tuition fees and related fees regulations;

+ Regulations on examination, assessment, recognition of course completion, modules, educational levels;

+ Sample diplomas and certificates to be used.

Additionally, when registering educational activities for a higher education institution with foreign investment, the investor should send one set of the registration dossier directly or by mail to:

- The Ministry of Education and Training for the educational activity registration dossier of higher education institutions and branches of foreign-invested higher education institutions;

- The Department of Education and Training for the educational activity registration dossier of short-term training institutions; preschool education institutions, general education institutions; preschool education institutions, general education institutions established by foreign diplomatic missions or intergovernmental international organizations.

Application for approval for educational provision of foreign-invested higher education institutions in Vietnam (Image from the Internet)

What conditions must be met before the establishment registration of a higher education institution with foreign investment in Vietnam?

Based on Article 22 of the Higher Education Law 2012, as amended by Clause 16 Article 1 of the Amended Higher Education Law 2018 and with some phrases abolished by Clause 2 Article 2 of the Amended Higher Education Law 2018, the conditions for establishing a higher education institution with foreign investment are:

- Having a project for establishment that aligns with the approved higher education institution network planning;

- Having written approval from the People's Committee of the province where the main office of the higher education institution is located regarding the establishment of the institution and land use rights confirmation;

- Having confirmation of financial capability for constructing the higher education institution from the competent authority;

- The higher education institution with foreign investment must also meet other conditions as per the Investment Law 2020.

Who has authority to approve the educational provision of foreign-invested higher education institutions in Vietnam?

Based on Clause 1 Article 47 of Decree 86/2018/ND-CP regarding the authority to approve the educational provision:

Authority to approve the educational provision

1. The Minister of Education and Training permits educational activities for higher education institutions and branches of foreign-invested higher education institutions.

2. The Director of the Department of Education and Training permits educational activities for:

a) Short-term training institutions;

b) Preschool education institutions, primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools;

c) Preschool education institutions and general education institutions established by foreign diplomatic missions or intergovernmental international organizations.

Thus, the authority to approve the educational provision for higher education institutions lies with the Minister of Education and Training.