What is a foreign-invested educational institution according to the law in Vietnam? How to name a foreign-invested educational institution?

What is a foreign-invested educational institution according to the law in Vietnam?

Based on Clause 1, Article 2, Decree 86/2018/ND-CP, foreign-invested educational institutions are those funded by economic organizations with foreign investment capital, operating in accordance with Vietnamese law, and permitted to use their own seals and accounts.

What is a foreign-invested educational institution according to the law in Vietnam?​ (Image from the Internet)

How to name a foreign-invested educational institution in Vietnam?

According to Article 29, Decree 86/2018/ND-CP, the naming of foreign-invested educational institutions is as follows:

- Foreign-invested educational institutions established and operating in the form of schools or centers must be named according to the following regulation:

+ For schools, the name must include the constituent elements arranged in the order: “School,” “Level of education or training level,” and the proper name;

+ For short-term training and education centers, the name must include the constituent elements arranged in the order: “Education or Training Center,” “Main training sector or group of sectors,” and the proper name;

+ For branches of foreign-invested universities in Vietnam, the name must include the constituent elements arranged in the order: “Branch,” “Name of the foreign-invested university,” and “at the province, city.”

- The proper name of a foreign-invested educational institution must not duplicate or cause confusion with the name of a previously registered educational institution or the name of the enterprise executing the investment project; it must not use words or symbols that violate historical traditions, culture, ethics, or customs of Vietnam.

- Foreign-invested educational institutions must have a trade name in Vietnamese and an international trade name in English or another commonly used foreign language with equivalent content.

- The Minister of Education and Training will consider and decide on the naming of some specific educational institutions.

What are procedures for establishing a foreign-invested educational institution in Vietnam?

According to Article 31, Decree 86/2018/ND-CP, the procedures for establishing foreign-invested educational institutions are as follows:

* The establishment of short-term training and education centers with foreign investment capital is done in the following order:

Step 1: Issuance of an investment registration certificate;

Step 2: Issuance of a decision to permit educational activities and announcement on the licensing authority's website.

* The establishment of preschool and primary educational institutions by foreign diplomatic missions or intergovernmental international organizations operating in Vietnam is done in the following order:

Step 1: Issuance of a decision to permit establishment;

Step 2: Issuance of a decision to permit educational activities and announcement on the licensing authority's website.

* The establishment of preschools, primary and secondary schools, and universities with foreign investment capital is done in the following order:

Step 1: Issuance of an investment registration certificate;

Step 2: Issuance of a decision to permit establishment;

Step 3: Issuance of a decision to permit educational activities and announcement on the licensing authority's website.

* The establishment of branches of foreign-invested universities is done in the following order:

Step 1: Issuance of an investment registration certificate;

Step 2: Issuance of a decision to permit establishment of the branch;

Step 3: Issuance of a decision to permit activities and announcement on the licensing authority's website.

What are rights and obligations of foreign-invested educational institutions in Vietnam?

Based on Article 32, Decree 86/2018/ND-CP, foreign-invested educational institutions have the following rights and obligations:

- To be protected regarding their rights and legal interests according to Vietnamese law and international treaties to which Vietnam is a party.

- To be administratively managed territorially by the provincial People's Committee; to operate and be managed by the state according to Vietnamese law.

- To publicly commit to education quality, conditions for ensuring education quality, and financial revenues and expenditures. To be responsible for reimbursing students for expenses they have paid if the institution provides a training program that does not meet the committed education quality.

- To ensure the legal rights and interests of students, staff, lecturers, teachers, and employees in case of termination or forced termination of activities before the due date.

- To facilitate the activities of political organizations, socio-political organizations that are established and operate according to Vietnamese law at foreign-invested educational institutions.

- To report annually before November 30th to the direct state management agency on comprehensive development status of the institution and explain fully when requested by the state management agency.

The report includes main contents: Implementation of the operational permit decision, organization structure, teachers, lecturers, enrollment figures, training and teaching activities, academic results of students, postgraduate students, researchers, number of graduates, graduation rates, diplomas awarded, financial report, difficulties, advantages during implementation, suggestions, recommendations. Reporting is conducted online and in writing.

- Other rights and obligations as prescribed by Vietnamese law.