Do private foreign language and computer training centers in Vietnam have legal status?

Do private foreign language and computer training centers in Vietnam have legal status?

Under Clause 2, Article 2 of the regulation on organization and operation of foreign language and computer training centers issued together with Circular 21/2018/TT-BGDDT, the provisions are as follows:

Legal status of foreign language and computer training centers

Foreign language and computer training centers are institutions of continuing education affiliated to the national educational system and consist of:

1. Public foreign language and computer training centers. These centers have their establishment invested in and operating conditions guaranteed by the State as prescribed by law, and possess legal status, separate seals and accounts.

2. Private foreign language and computer training centers. These centers have their establishment invested in and operating conditions guaranteed by domestic organizations/individuals as prescribed by law, and possess legal status, separate seals and accounts.

3. Foreign-invested foreign language and computer training centers. These centers have their establishment partially or completely invested in and operating conditions guaranteed by foreign business entities/individuals as prescribed by law, and have the right to use separate seals and accounts.

Under the above regulation, private foreign language and computer training centers have legal status.

Do private foreign language and computer training centers in Vietnam have legal status? (Image from the Internet)

What are the duties and powers of private foreign language and computer training centers in Vietnam?

According to the provisions in Article 3 of the regulation on organization and operation of foreign language and computer training centers issued together with Circular 21/2018/TT-BGDDT, private foreign language and computer training centers in Vietnam have the following duties and powers:

- Implementing foreign language and computer science training programs that meet learner’s needs.

- Carrying out admission and learner management.

- Compiling or selecting teaching materials that meet learning outcomes of training programs and suit learner’s characteristics.

- Organizing examinations, assessment and issuance of confirmations of completion of a training program that it provides. Organizing examinations and issuance of foreign language/computer science certificates of the national educational system when it satisfies the conditions specified by the Ministry of Education and Training.

- Performing relevant tasks such as translating, interpreting, programming and software setup.

- Organizing training and refresher courses to improve the professional knowledge and qualifications of its officials and teachers.

- Organizing research activities to improve itself and its education quality.

- Publicly announcing its education quality assurance conditions.

- Holding the power to determine the tuition of each learning course as appropriate to the training quality and publicly announcing such amounts.

- Prescribing the regulations, functions and duties of their affiliates; managing and recruiting managers and teachers and encouraging their improvement towards the center’s development targets.

- Managing its finance and property and being entitled to incentive policies as regulated by law.

- Fulfilling other duties and exercising other powers as prescribed by law.

What are the procedures for establishing a private foreign language and computer training center in Vietnam?

Under Clause 2, Article 42 of Decree 125/2024/ND-CP, foreign language and computer training centers are other centers conducting continuing education.

Additionally, Article 44 of Decree 125/2024/ND-CP outlines the procedures for permission for the establishment of other centers conducting continuing education or private foreign language and computer training centers as follows:

1. Power to establish or give permission for establishment:

- A council of a university, academy; or council of a higher education institution or a pedagogy college has power to issue a decision on establishment of the center located within its precincts;

- The Director of the Department of Education and Training has power to decide the establishment of affiliated centers; give permission for establishment of centers affiliated to universities, academies, higher education institutions and pedagogy colleges and located outside their precincts; give permission for establishment of centers at the request of organizations and individuals.

2. An application includes:

- A written request for establishment or permission for establishment of the center (according to Form No. 01 Appendix I enclosed with Decree 125/2024/ND-CP);

- A proposal for establishment or permission for establishment of the center (according to Form No. 02 Appendix I enclosed with Decree 125/2024/ND-CP);

- Copies of legal documents proving land use rights and house ownership or agreement on rental of location for the center;

- A legal confirmation document on the amount of investment in establishment of the center affiliated to an university, academy, higher education institution or pedagogy college and located outside its precincts or the center proposed to be established by an organization/individual, ensuring legitimacy and conformity with the estimated scale at the time of application for establishment;

- Draft statutes of organization and operation of the center, specifying legal status, missions and powers of the center; organization and management structure; organization of educational activities; tasks and rights of administrative officers, teachers, staff, employees and learners; finances and assets of the center; other issues related to organization and operation of the center.

3. Procedures:

- The university, academy, higher education institution or pedagogy college (hereinafter referred to as “school"), organization or individual shall submit the application specified in clause 2 of Article 44 of Decree 125/2024/ND-CP in person, via online public service portal or by post, to the Department of Education and Training;

- Within 05 working days from the date of receipt of the sufficient application, if the application is unsatisfactory, the Department of Education and Training shall give a written notification of contents to be amended to the applicant;

- Within 10 days from the date of receipt of the sufficient and satisfactory application, the Department of Education and Training shall assess the application and realistic conditions concerning establishment of the center, and prepare an assessment report to assess the fulfillment of requirements mentioned in Article 43 of Decree 125/2024/ND-CP;

- Within 05 working days from the date of receipt of the assessment report, if the requirements are fulfilled, the Director of the Department of Education and Training shall issue a decision on establishment or permission for establishment of the center that conducts continuing education; if the requirements are not fulfilled, a written notification in which reasons should be clearly specified shall be sent to the applicant.

The decision on establishment or permission for establishment of the center that conducts continuing education (according to Form No. 10 Appendix I enclosed with Decree 125/2024/ND-CP) shall be publicly announced on mass media.