Who has the authority to approve foreign-invested higher education institutions to operate educational activities in Vietnam?

What are the conditions for approving foreign-invested higher education institutions to operate educational activities in Vietnam?

According to Article 45 Decree 86/2018/ND-CP, the conditions for approving foreign-invested higher education institutions to operate educational activities include:

- A decision allowing the establishment of an educational institution;- Investment capital, facilities, equipment, educational programs, and teaching staff that meet the regulations specified in Articles 35, 36, 37, and 38 of Decree 86/2018/ND-CP;- An organizational and operational regulation of the educational institution.

Who has the authority to approve foreign-invested higher education institutions to operate educational activities in Vietnam?

Pursuant to Clause 1 Article 47 Decree 86/2018/ND-CP, the authority to approve educational activities is as follows:

Authority to approve Educational Activities

1. The Minister of Education and Training of Vietnam permits educational activities for higher education institutions and their branches with foreign investment.

2. The director of the Department of Education and Training of Vietnam permits educational activities for:

a) Short-term training institutions;

b) Preschools, elementary schools, middle schools, high schools, and schools with multiple levels;

c) Preschools and general education institutions established by foreign diplomatic missions or intergovernmental international organizations.

Thus, the person authorized to approve higher education institutions to operate educational activities is the Minister of Education and Training of Vietnam.

Who has the authority to approve educational activities for foreign-invested higher education institutions in Vietnam? (Image from the Internet)

What are the procedures for approving foreign-invested higher education institutions to operate educational activities?

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

Step 1: Submit the application

The investor sends 01 set of registration documents directly or by post to the Ministry of Education and Training of Vietnam.

The application includes:

- An application for educational activities according to Form No. 16 in the Annex promulgated with Decree 86/2018/ND-CP;- A certified copy or a copy with the original for comparison of the decision allowing the establishment of the foreign-invested educational institution;- Organizational and operational regulations of the educational institution;- A report on the progress of the investment project, the status of capital contribution and loans, and the total investment capital implemented;- An explanatory report demonstrating that the higher education institution meets the regulations in Articles 35, 36, 37, and 38 Decree 86/2018/ND-CP, along with:

+ A list of the principal (director), vice-principals (vice-directors), heads of departments, faculties, and the chief accountant;+ A list and personal profiles of staff, teachers, and lecturers (full-time, visiting);+ A description of the level, training programs, and disciplines;+ Teaching programs, plans, study materials, main textbooks, and reference materials;+ Admission criteria, regulations, and admission periods;+ Training regulations;+ Training scale (students, learners);+ Regulations on tuition fees and related fees;+ Regulations on examination, evaluation, and recognition of academic program completion, modules, training levels;+ Sample diplomas and certificates to be used.

Step 2: Review and decide on permission for operation

Within 20 working days from the date of receiving the complete application as stipulated, the receiving agency presides over, cooperates with relevant agencies and units to appraise the conditions as stipulated, to submit to the competent authority for consideration and decision on operational permission.

In case the application is incomplete, within 05 working days from the date of receiving the application, the receiving agency will notify in writing directly or by post or email to the investor.

If the educational institution does not meet the conditions to operate, within 05 working days from the date of receiving the competent authority's opinion, the receiving agency will respond in writing to the investor, clearly stating the reasons.

Who has the authority to decide on the supplementation and adjustment of educational activities of foreign-invested higher education institutions in Vietnam?

According to Clause 1 Article 49 Decree 86/2018/ND-CP, it is stipulated as follows:

Supplementing and Adjusting Decisions on Educational Activities

1. The person authorized to decide on educational activities has the authority to decide on the supplementation and adjustment of educational activities.

2. If the foreign-invested educational institution or its branches need to supplement or adjust the contents of the decision on educational activities, the application includes a request specifying the content and reason for the addition or adjustment, along with documents stipulated in Clauses 2, 3, 4, and 5 Article 46 of this Decree.

3. Within 20 working days from the date of receiving the complete application as prescribed in Clause 1 of this Article, the receiving agency organizes the appraisal according to the regulations, submitting to the competent authority prescribed in Article 47 for consideration and decision.

In case the application is incomplete, within 05 working days from the date of receiving the application, the receiving agency will notify in writing directly or by post or email to the investor.

If the higher education institution does not meet the conditions for the supplementation or adjustment of the decision on educational activities, within 05 working days from the date of receiving the competent authority's opinion, the receiving agency will respond in writing, clearly stating the reasons.

According to the regulations, the Minister of Education and Training of Vietnam has the authority to approve foreign-invested higher education institutions to operate educational activities. Therefore, the Minister of Education and Training of Vietnam will have the authority to decide on the supplementation and adjustment of educational activities for foreign-invested higher education institutions.