What are the procedures for approving the educational provision to foreign-invested higher education institutions in Vietnam?

Procedures for approving the educational provision to foreign-invested higher education institutions in Vietnam

According to Article 48 of Decree 86/2018/ND-CP, the procedure for approving the educational provision to foreign-invested higher education institutions is as follows:

Step 1: Submission of Dossier

Investors shall submit 01 set of registration dossiers for operation directly or by post to the Ministry of Education and Training.

Step 2: Review and Decision on approving the educational provision

Within 20 working days from the date of receiving complete dossiers as prescribed, the dossier-receiving agency shall take the lead, cooperating with relevant agencies and units to appraise the conditions as prescribed, and then submit to the competent authority for consideration and decision on granting the operation permit.

If the dossier is not complete, within 05 working days from the date of receiving the dossier, the dossier-receiving agency shall notify in writing directly or by post or email to the investor.

In case the educational institution does not meet the conditions for operation, within 05 working days from the date of receiving the opinion from the competent authority, the dossier-receiving agency shall reply in writing to the investor, clearly stating the reasons.

Procedures for approving the educational provision to foreign-invested higher education institutions in Vietnam (Image from the Internet)

Application for approving the educational provision to foreign-invested higher education institutions in Vietnam

According to Article 46 of Decree 86/2018/ND-CP, the registration dossier for the educational provision of foreign-invested higher education institutions includes:

- Application for educational provision registration according to Form No. 16 in the Appendix issued with Decree 86/2018/ND-CP.

- Authenticated copy or a copy with the original for comparison of the decision permitting the establishment of the foreign-invested educational institution; authenticated copy or a copy with the original for comparison of the investment registration certificate and the enterprise registration certificate for short-term training and training institutions with foreign investment.

- Organizational and operational regulations of the educational institution.

- Progress report on project implementation, capital contribution situation, loan, total investment capital already implemented.

- Explanatory report on the satisfaction of the conditions stipulated in Articles 35, 36, 37, and 38 of Decree 86/2018/ND-CP concerning facilities, educational programs, teaching staff, investment capital, along with:

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

+ List and personal resumes of officers, teachers, lecturers (full-time, part-time);

+ Description of education levels, training levels, training sectors;

+ Teaching programs, teaching plans, learning materials, list of textbooks and main reference materials;

+ Admission object, admission regulations, and admission time;

+ Training regulations;

+ Training scale (students, learners);

+ Provisions on tuition fees and related fees;

+ Regulations on inspection, assessment, recognition of course completion, training module, training level;

+ Sample certificates, diplomas to be used.

Supplementation and adjustment of the decision on approval of educational provision to foreign-invested higher education institutions in Vietnam

According to Article 49 of Decree 86/2018/ND-CP, the supplementation and adjustment of the decision on approval of educational provision is regulated as follows:

- The authority to grant educational provision permits also has the authority to make supplementary and adjustment decisions for educational provisions.

In which, the authority to allow educational provisions of foreign-invested higher education institutions rests with the Minister of Education and Training.

- In case a foreign-invested educational institution or a branch of a foreign-invested higher education institution needs to supplement or adjust the contents of the decision on approval of educational provision, the dossier must include a petition stating the content and reasons for the supplement or adjustment, along with documents stipulated in items 2, 3, 4, and 5 of Article 46 of Decree 86/2018/ND-CP.

- Within 20 working days from the date of receiving complete dossiers as prescribed in item 1, Article 49 of Decree 86/2018/ND-CP, the dossier-receiving agency must organize the appraisal according to regulations, and submit to the competent authority stipulated in Article 47 of Decree 86/2018/ND-CP for consideration and decision.

If the dossier is not complete, within 05 working days from the date of receiving the dossier, the dossier-receiving agency shall notify in writing directly or by post or email to the investor.

If the higher education institution does not meet the conditions for supplementing or adjusting the decision on approval of educational provision, within 05 working days from the date of receiving the opinion from the competent authority, the dossier-receiving agency shall reply in writing, clearly stating the reasons.