What is the duration of operations for foreign-invested educational institutions in Vietnam?

What is the duration of operations for foreign-invested educational institutions in Vietnam?

Based on Article 30 of Decree 86/2018/ND-CP, the operational duration is regulated as follows:

Operational Duration

The operational duration of a foreign-invested educational institution shall not exceed 50 years from the date of issuance of the investment registration certificate but shall not be longer than the land lease term.

Thus, foreign-invested educational institutions have a maximum operational duration of 50 years. The duration is counted from the date of issuance of the investment registration certificate but shall not be longer than the land lease term.

What is the duration of operations for foreign-invested educational institutions in Vietnam? (Image from the Internet)

How many types of foreign-invested educational institutions are there?

Based on Article 28 of Decree 86/2018/ND-CP, there are 04 types of foreign-invested educational institutions, including:

- Short-term training institutions.

- Preschool educational institutions.

- General educational institutions (primary schools, lower secondary schools, upper secondary schools, schools with multiple education levels).

- Higher educational institutions.

- Branches of foreign-invested higher educational institutions in Vietnam.

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

Based on Article 31 of Decree 86/2018/ND-CP, the procedures for establishing a foreign-invested higher educational institution are as follows:

(1). The procedure for permitting the establishment of a foreign-invested short-term training institution includes the following steps:

Step 1: Issuance of the investment registration certificate;

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

(2). The procedure for permitting diplomatic missions, intergovernmental international organizations to establish preschool educational institutions, and general educational institutions in Vietnam includes the following steps:

Step 1: Issuance of the decision permitting establishment;

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

(3). The procedure for permitting the establishment of foreign-invested preschool educational institutions, general educational institutions, and higher educational institutions includes the following steps:

Step 1: Issuance of the investment registration certificate;

Step 2: Issuance of the decision permitting establishment;

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

(4). The procedure for permitting the establishment of branches of foreign-invested higher educational institutions includes the following steps:

Step 1: Issuance of the investment registration certificate;

Step 2: Issuance of the decision permitting establishment of the branch of the higher educational institution;

Step 3: Issuance of the decision permitting 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 of Decree 86/2018/ND-CP, foreign-invested educational institutions have the following rights and obligations:

- Protected rights and legitimate interests according to the laws of Vietnam and international treaties to which Vietnam is a member.

- Subject to administrative management according to the territorial jurisdiction of the provincial People's Committee; operate and are subject to state management according to the laws of Vietnam.

- Ensure transparency and disclosure regarding commitments related to educational quality, conditions ensuring educational quality, and financial receipts and expenditures. They are responsible for reimbursing students for expenses paid in case the educational program provided does not meet the committed educational quality.

- Ensure the legal rights and interests of students, staff, lecturers, teachers, and employees in case of cessation or forced cessation of operation before the due date.

- Facilitate the activities of political organizations and socio-political organizations established and operating according to the laws of Vietnam within the foreign-invested educational institution.

- Annually, before November 30, report to the directly managing state agency on the comprehensive development status of the institution and fully explain when requested by the managing state agency.

The report includes the main contents:

Implementation of the decision permitting operation, organizational structure, teachers, lecturers, student admissions, organization of teaching and learning activities, students' academic results, post-graduates, doctoral candidates, graduation numbers, graduation rates, issued diplomas, financial reports, difficulties, and advantages during implementation, proposals, and recommendations. The report shall be made in both online and written forms.

- Other rights and obligations according to the laws of Vietnam.