Procedures for establishing foreign-invested educational institution in Vietnam

Procedures for establishing foreign-invested educational institution in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Application documents for approval for the establishment of foreign-invested educational institutions in Vietnam

Application documents for approval for the establishment of foreign-invested educational institutions under Article 41 of Decree 86/2018/ND-CP is as follows:

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

+ An application form approval for the establishment, using form No. 13 in the Appendix attached to Decree 86/2018/ND-CP.

+ A detailed project for establishing the educational institutions, using form No. 14 in the Appendix attached to Decree 86/2018/ND-CP, specifying:

++ Their proper names;

++ The educational targets and tasks;

++ The 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 stipulated in Article 36, 37 and 38 of Decree 86/2018/ND-CP.

+ 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 of Decree 86/2018/ND-CP.

+ A document proving the financial capacity which satisfies the conditions stipulated in Article 35 of Decree 86/2018/ND-CP.

- 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 in point a, clause 1, Article 41 of Decree 86/2018/ND-CP.

+ 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 in point b, clause 1, Article 41 of Decree 86/2018/ND-CP.

+ 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 of Decree 86/2018/ND-CP 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 in Article 35 of Decree 86/2018/ND-CP.

2. Procedures for establishing foreign-invested educational institution in Vietnam

Procedures for establishing foreign-invested educational institution in Vietnam according to Article 42 of Decree 86/2018/ND-CP are as follows:

- 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-government 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 stipulated in point a, clause 1 of Article 42 of Decree 86/2018/ND-CP.

- Procedures for approving the establishment shall be completed as follows:

+ Within 05 working days from the date on which the complete application documents stipulated in Article 41 of Decree 86/2018/ND-CP 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 of Decree 86/2018/ND-CP to consider and make a decision on approving the establishment of foreign-invested educational institutions, using form No.15 in the Appendix attached to Decree 86/2018/ND-CP.

+ 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.

- As for the educational institutions stipulated in clause 2 and 3, Article 28 of Decree 86/2018/ND-CP, after 2 years; or for the educational institutions stipulated in clause 4, Article 28 of Decree 86/2018/ND-CP, after 4 years from the date on which the decision for approving the establishment takes effect, if the educational institutions are not allowed to operate, the aforesaid decision shall be no longer valid.

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