What are priority policies for foreign-invested non-profit higher education institutions in Vietnam?

What are priority policies for foreign-invested non-profit higher education institutions in Vietnam?

According to Article 7 of Decree 141/2013/ND-CP, the priority policies for foreign-invested non-profit higher education institutions in Vietnam include:

- Tax incentives, exemption from and reduction of enterprise income tax, import duty and export duty in accordance with tax laws;

- Priority in land allocation or lease; land use levy exemption or reduction; land and water surface rent exemption or reduction in accordance with law;

- Supports for training and scientific research activities and development of lecturing staff;

- Sharing and exemption from or reduction of expenses for sharing common resources invested by the State for higher education as well as economic, cultural, scientific-technical and social welfare facilities at the central and local levels to serve training, scientific research and technology transfer activities;

- Priority in receiving development investment and training and scientific research capacity increase projects on a competitive basis like public higher education institutions; eligibility for participating in bidding for state- ordered tasks in the fields of development investment and training and scientific research capacity increase like public higher education institutions;

- Priority in the allocation of funds for training, scientific research and technology transfer tasks in the fields in which the institutions have advantages.

What are priority policies for foreign-invested non-profit higher education institutions in Vietnam?​ (Image from the Internet)

What are the conditions for establishing foreign-invested non-profit higher education institutions in Vietnam?

According to Article 22 of the Law on Higher Education 201 (amended by Clause 16, Article 1 of the Amended Law on Higher Education 2018), a foreign-invested non-profit higher education institution are allowed to be established if following conditions are satisfied:

- Has an establishment project in line with the approved socio-economic development plan and the higher education network planning;

- Obtains written consent from the Provincial People's Committee where the main campus is located regarding the establishment of the institution and land use rights verification;

- Has a verification of financial capability for investment in building the institution from a competent authority;

- Meets other conditions as prescribed by the Investment Law 2020.

What are the conditions for foreign-invested non-profit higher education institutions in Vietnam to be allowed to operate training activities?

According to Article 23 of the Law on Higher Education 2012, the conditions for foreign-invested non-profit higher education institutions in Vietnam to be allowed to operate training activities are:

- Having the decision on the establishment or the decision on approving the establishment of the higher education institution;

- Having land, facilities, equipment, dorms, PE facilities serving the demands for training activities; the construction location must satisfy the pedagogic principles, must be safe for students, teachers and other workers under the committed project;

- Having the training programs and teaching materials as prescribed;

- Having adequate full-time teaching staff and management staff that are professionally qualified ;

- Having sufficient financial resources for sustaining and developing the higher education institution operation;

- Having the regulations on the organization and operation of the higher education institution.

* After 03 years as from the decision on authorizing the training activities takes effect, if the higher education institution does not engage in the training activities, such decision shall be invalidated.

When are training activities of non-profit higher education institutions in Vietnam​ suspended?

Pursuant to Article 25 of the Law on Higher Education 2012, the suspension of training activities at higher education institutions:

Suspending the training activities of higher education institutions

1. The higher education institution shall have their training activities suspended in the following cases:

a) Committing fraud acts in order to get the approval for the establishment or the training activities;

b) Not satisfying one of the conditions specified in Clause 1 Article 23 of this Law;

c) The person in charge of approving training activities is not competent;

d) Committing violations of law provisions on education that are liable to administrative sanctions being suspending the operation;

dd) Other cases as prescribed by law provisions.

2. The decision on suspending the training activities must specify the reasons, the duration and the measures for assuring the lawful interests of the lecturers, the employees and the students. The decision on suspending the training activities must be publicly announced on means of mass media

3. After the suspension expires, if the causes of the suspensions are remedied, the person competent to make the decision on suspension shall make the decision on continue the training activities.

Thus, a non-profit higher education institution in Vietnam will be suspended from operation in the following cases:

- Committing fraud acts in order to get the approval for the establishment or the training activities;

- Not satisfying one of the conditions for operation;

- Committing violations of law provisions on education that are liable to administrative sanctions being suspending the operation;

- Other cases as prescribed by law provisions.