Required document for requesting permission to establish a foreign-invested educational institution in Vietnam

What does an application for establishing a foreign-invested educational institution consist of in Vietnam?

Pursuant to Article 41 Decree 86/2018/ND-CP, an application for establishing a foreign-invested educational institution includes:

(1). For preschools and general education institutions established by foreign diplomatic missions, intergovernmental international organizations, the dossier includes:

- Application for establishment of the educational institution as per Form No. 13 in the Appendix issued with Decree 86/2018/ND-CP;

- Establishment scheme of the educational institution as per Form No. 14 in the Appendix issued with Decree 86/2018/ND-CP, specifying: the name of the institution; educational objectives and tasks; scope of educational activities; degrees and certificates to be issued; projected organizational and management structure.

A specific plan for the construction, development, and scale of training of the educational institution in each stage, clearly showing the capacity to meet the quality assurance content requirements as stipulated in Articles 36, 37, and 38 Decree 86/2018/ND-CP;

- Certified copies or copies accompanied by the original for comparison of documents approving the establishment of the educational institution in the locality and the principled approval for land lease by the provincial People's Committee where the institution is projected to be established, or a principled agreement for land lease or suitable existing facilities in accordance with Clause 5 Article 36 Decree 86/2018/ND-CP;

- Financial capability proof as stipulated in Article 35 Decree 86/2018/ND-CP.

(2). For preschool, general education institutions, and foreign-invested higher education institutions, the dossier includes:

- Application for establishment as stipulated in Point a Clause 1 Article 41 Decree 86/2018/ND-CP;

- Certified copies or copies accompanied by the original for comparison of the investment registration certificate;

- Establishment scheme of the institution as stipulated in Point b Clause 1 Article 41 Decree 86/2018/ND-CP;

- Certified copies or copies accompanied by the original for comparison of the document approving land lease by the provincial People's Committee for constructing facilities (clearly stating the address, area, and boundaries of the land) or a principled agreement for leasing suitable existing facilities as stipulated in Clause 5 Article 36 Decree 86/2018/ND-CP and related legal documents;

- Plan for educational institution facilities or investment project for constructing facilities, including explanatory parts and detailed designs of the institution;

- Financial capability proof as stipulated in Article 35 Decree 86/2018/ND-CP.

Documents required for establishing foreign-invested educational institutions in Vietnam (Image from the Internet)

Authorities competent to approve establishment of foreign-invested educational institutions in Vietnam

Pursuant to Article 40 Decree 86/2018/ND-CP, the authority to approve the establishment of foreign-invested educational institutions is as follows:

- The Prime Minister of the Government of Vietnam decides on the establishment of higher education institutions with foreign investment.

- The Minister of Education and Training decides on the establishment of preschools, general education institutions established by foreign diplomatic missions, intergovernmental international organizations.

- The Chairman of the provincial People's Committee decides on the establishment of preschools and general education institutions, except for those mentioned in Clause 2 Article 40 Decree 86/2018/ND-CP.

Procedures for licensing establishment of foreign-invested educational institutions in Vietnam

Pursuant to Article 42 Decree 86/2018/ND-CP, the procedure for establishing a foreign-invested educational institution is as follows:

Step 1: The investor submits 01 set of dossiers directly or via postal service to:

- The Ministry of Education and Training for applications requesting the establishment of: higher education institutions; preschools, general education institutions proposed by foreign diplomatic missions, intergovernmental international organizations;

- The Department of Education and Training for applications requesting the establishment of: preschools, primary schools, middle schools, high schools, multi-level general education schools, except for preschools, general education institutions stipulated in Point a Clause 1 Article 42 Decree 86/2018/ND-CP.

Step 2: The procedure for establishment approval is as follows:

- Within 05 working days from the receipt of the complete dossier as stipulated in Article 41 Decree 86/2018/ND-CP, the receiving authority is responsible for checking the validity of the dossier and sending it to relevant agencies and units for opinions;

- If the dossier is incomplete according to regulations, within 05 working days from the receipt of the dossier, the receiving authority must notify the investor in writing, either directly or via postal service or email;

- Within 10 working days from the receipt of the request for opinions from the receiving authority, the consulted agencies and units must respond in writing;

- Within 30 working days from the receipt of the complete dossier, the receiving authority must complete the appraisal report and submit it to the competent authority as stipulated in Article 40 Decree 86/2018/ND-CP for consideration and decision on the establishment of the foreign-invested educational institution as per Form No. 15 in the Appendix issued with Decree 86/2018/ND-CP;

- If the dossier is not approved, within 05 working days from the receipt of the opinion from the competent authority, the receiving authority must notify the investor in writing, clearly stating the reasons.

* After a period of 02 years for institutions stipulated in Clauses 2 and 3 Article 28; 04 years for institutions stipulated in Clause 4 Article 28 from the effective date of the establishment decision, if the institution is not permitted to operate educational activities, the establishment decision of the educational institution will expire.