Application documents for establishing foreign-invested educational institutions in Vietnam

Notably, Decree No. 86/2018/NĐ-CP of Vietnam’s Government specifies the application documents for establishing foreign-invested educational institutions.

The authority to approve the establishment

- The Prime Minister has authority to approve the establishment of foreign-invested educational institutions.

- The Minister of Education and Training has authority to approve the request of foreign diplomatic mission and inter-governmental international organization for establishing the pre-school and compulsory educational institutions.

- The Presidents of the People’s Committees in provinces have authority to approve the establishment of pre-school and compulsory educational institutions, except the institutions stipulated by law.

Application documents for approval for the establishment:

Depending on the case, there will be different types of documents, specifically as follows:

As for the pre-school and compulsory educational institutions established by foreign diplomatic mission and inter-governmental international organization, the application documents shall include:

- An application for approval for the establishment, using form No. 13 in the Appendix hereto.

- A detailed project for establishing the educational institutions specifying:

+ Their proper names; the educational targets and tasks;

+ Scope of operation;

+ The qualifications to be issued;

+ The designed structure of the managerial mechanism;

+ A detailed plan for the development and training scale of the educational institutions in each period, specifying the ability to meet the education quality requirements.

- A certified true copy or a copy enclosed with an original of the Decision on approving the establishment of the educational institutions and approving the principles of leasing land of the People’s Committee in the province where the educational institutions are expected to be located, or an agreement on leasing land or available facilities in accordance with the regulations in clause 5, Article 36 hereof.

- A document proving the financial capacity which satisfies the conditions stipulated in Article 35 hereof.

As for the pre-school, compulsory and higher educational institutions, the application documents shall include:

- An application form for approving the establishment of educational institutions as specified.

- A certified true copy or a copy enclosed with an original of the investment registration certificate.

- A detailed project on establishing the educational institutions as specified.

- A certified true copy or a copy enclosed with an original of the approval for leasing land of the People's Committee in the province, if the facilities must be built (specifying the address, area, and boundary of land), or the agreement on leasing available facilities in accordance with clause 5, Article 36 hereof and other relevant legal documents.

- A detailed plan for renting or contributing facilities or a detailed project on investment in building facilities, including both description and detailed design of the educational institutions.

- A financial capacity document as specified.

Procedures for establishing educational institutions

The investor shall send 01 set of documents in person or by post to:

- The Ministry of Education and Training, applicable to the application documents of the foreign diplomatic missions and inter-governmental international organizations for approval for the establishment of: higher educational institutions, pre-school educational institutions and compulsory educational institutions.

- Department of Education and Training, applicable to application documents for approval for the establishment of: Pre-school educational institutions, elementary schools, middle schools, high schools, universal schools, except the pre-school educational institutions and compulsory educational institutions as prescribed.

Procedures for approving the establishment shall be completed as follows:

- Within 05 working days from the date on which the complete application documents are received, the receiving agency shall check the validity of the documents and send them to the related agencies and units to get opinions.

- If the application documents are deemed incomplete, within 05 working days from the date on which the application is received, the receiving agency shall send a written notification in person or by post or via email to the investors.

- Within 10 working days from the date on which the official dispatch from the receiving agency is received, the related agencies or units shall give their opinions in writing.

- Within 30 working days from the date on which the complete application documents are received, the receiving agency shall submit the appraisal report to the competent authority stipulated in Article 40 hereof to consider and make a decision on approving the establishment of foreign-invested educational institutions, using form No.15 in the Appendix hereto.

- If the application documents are not approved, within 05 working days from the date on which the opinions from the competent authority are received, the receiving agency shall send the written explanation in person or by post to the investors.

View more at Decree No. 86/2018/NĐ-CP of Vietnam’s Government effective from August 01, 2018.

-Thao Uyen-

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