Decree No. 124/2024/NĐ-CP Amending and supplementing certain Articles of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on cooperation and foreign investment in the field of education.

DECREE

Amending and supplementing certain articles of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on cooperation and investment by foreign countries in the field of education The Government promulgates this Decree to amend and supplement certain articles of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on cooperation and investment by foreign countries in the field of education.

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Higher Education Law dated June 18, 2012; the Law Amending and Supplementing Certain Provisions of the Higher Education Law dated November 19, 2018;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the proposal of the Minister of Education and Training;

Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on cooperation and investment by foreign countries in the field of education

Circular No. 03/2023/TT-BCA a) Amending and supplementing Clause 4 of Article 2 as follows:

1. Amend and supplement certain clauses of Article 2 as follows:

"4. Educational linkage is the cooperation between Vietnamese early childhood education institutions and general education institutions with foreign educational organizations to implement integrated education programs."

b) Supplementing Clause 8 of Article 2 as follows:

"8. Foreign language certification examination linkage organization is the cooperation between educational institutions, training organizations, or organizations legally established and operating in the field of education in Vietnam with foreign agencies, organizations, or foreign-based language proficiency assessment institutions through agreements or contractual linkages to organize foreign language certification examinations in Vietnam."

2. Supplementing Clause 3 of Article 4 as follows:

"3. Branches of foreign higher education institutions in Vietnam must comply with and meet the requirements for quality assurance and accreditation of the organization that accredits the establishment of branches of foreign higher education institutions."

3. Supplementing Clause 3 of Article 5 as follows:

"3. Educational institutions or economic organizations, after foreign investors contribute capital, purchase shares, or acquire equity interests, must meet market access conditions for foreign investors as stipulated in the Investment Law, conditions for establishing foreign-invested educational institutions under Decree No. 86/2018/NĐ-CP, this Decree, and related financial obligations such as land rental payments for remaining lease periods, taxes, and fees according to laws on land during the implementation of educational activities."

Article 6. Subjects of educational linkage

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

“1. Vietnamese side: Private early childhood education institutions and private general education institutions invested in and ensuring operational conditions, established and operating in Vietnam.

2. Foreign side:

a) Educational institutions legally established and operating abroad, having at least five years of operation up to the date of submitting application documents, not violating the laws of their home country during the period of operation, providing direct teaching, holding valid quality education certification, or recognized by competent authorities regarding education quality in foreign countries;

b) Organizations providing education programs legally established and operating abroad, having at least five years of experience in providing early childhood or general education programs up to the date of submitting applications for educational linkage."

5. Amending and supplementing Point b Clause 1 of Article 7 as follows:

"b) Integrated education programs must ensure the objectives of Vietnamese education programs and meet the quality requirements of foreign education programs; it shall not require learners to repeat the same knowledge content, ensuring stability throughout the academic level and continuity between levels for the benefit of students, ensuring voluntariness and not overloading students;"

6. Amending and supplementing Clause 2 of Article 14 as follows: "2. Publicly providing complete, accurate, and clear information about education programs and accreditation results, number of foreign teachers, number of foreign students, methods of assessing learning outcomes, and other relevant information on the website of the educational institution; responsible for the accuracy of these pieces of information."

“1. Subjects of joint training at bachelor's, master's, and doctoral levels.

a) Higher education institutions legally established and operating in Vietnam;

"1. Enterprises that employ fewer disabled workers than the prescribed ratio under Article 14 of this Decree must pay monthly into the Employment Fund for Disabled Workers an amount equal to the current minimum wage set by the State multiplied by the number of additional disabled workers the enterprise needs to hire to meet the prescribed ratio."

b) Higher education institutions legally established and operating abroad, meeting the provisions of Clause 3 of Article 45 of the Higher Education Law (amended and supplemented in 2018).”

8. Amending and supplementing Clause 2 of Article 17 as follows:

"2. Foreign training programs implemented in Vietnam must meet the following requirements:

1. They must be training programs of foreign higher education institutions approved by the competent authority of that country for training and issuing degrees or have valid quality certification issued by legitimate accreditation organizations;

2. They must not contain content harmful to national defense, national security, public interest; they must not propagate religion or distort history; they must not negatively impact Vietnamese culture, ethics, and customs."

9. Amending and supplementing some points, clauses, and the name of Article 18 as follows:

a) Amending the name of Article 18 as follows:

"Article 18. Physical Facilities, Equipment, Locations, Examination Staff, Supervision, and Services"

b) Amending Point c Clause 1 of Article 18 as follows:

"c) Training activities in Vietnam must be conducted at the main campus and branches of Vietnamese educational institutions authorized by the competent authority;"

c) Amending Clause 2 of Article 18 as follows:

"2. For foreign language certification examination organizations.

a) Locations, physical facilities, equipment, and service staff for organizing foreign language certification examinations must ensure safety and quality for examination organization;

b) Examination staff, supervisors, and service staff must be trained in anti-fraud measures during examination organization; training does not necessarily require certification issuance;

c) There must be plans and equipment to prevent fraud throughout the entire examination organization process."

10. Amending and supplementing Clause 3 of Article 20 as follows:

c) Có phương án, thiết bị bảo đảm phòng, chống gian lận trong toàn bộ quá trình tổ chức thi.

10. Sửa đổi, bổ sung Clause 3 của Article 20 như sau:

"3. The examination, testing, and evaluation of learning outcomes for subjects conducted online or in a combination of online and offline formats must be organized centrally and directly at the training linkage facility in Vietnam, except in cases of natural disasters, epidemics, and other force majeure situations that prevent such centralized and direct organization at the training linkage facility in Vietnam."

11. Amend and supplement Article 22 as follows:

"1. The authority to approve training linkages with foreign countries at the undergraduate, master's, and doctoral levels as prescribed in Clause 4 and Clause 5 of Article 45 of the Higher Education Law (amended and supplemented in 2018) and Point e of Clause 1 of Article 13 of Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain provisions of the Law amending and supplementing certain provisions of the Higher Education Law and related legal regulations."

"2. The Minister of Education and Training shall approve the organization of foreign language proficiency certificate examinations."

12. Supplement Clause 6 of Article 28 as follows:

"6. Branches of foreign higher education institutions in Vietnam."

13. Amend and supplement some clauses of Article 29 as follows:

a) Amend and supplement Point c of Clause 1 of Article 29 as follows:

"c) For branches of foreign higher education institutions with foreign investment and branches of foreign higher education institutions in Vietnam, the name must include the following elements arranged in the following order: “Branch of” “name of the higher education institution” at “name of province/city under central administration.”"

b) Amending and supplementing Clause 2 of Article 29 as follows:

"2. The specific name of a higher education institution with foreign investment must ensure clarity and transparency, not cause misunderstanding about the organizational structure and activities of the institution; it cannot be identical or confusingly similar to the name of another registered educational institution, the name of the enterprise implementing the investment project, or the name of non-governmental organizations; it cannot cause confusion regarding the ranking, level, and content of the educational program offered by the institution; it cannot use terms or symbols that violate the historical traditions, culture, ethics, and customs of the Vietnamese people."

14. Amend Clause 3 of Article 31 as follows:

"3. The establishment of foreign-invested preschools, general secondary schools, higher education institutions, and branches of foreign higher education institutions shall be carried out according to the following procedures:

1. Issuance of an investment registration certificate;

2. Issuance of a decision allowing establishment;

3. Issuance of a decision allowing operation and announcement on the website of the licensing authority."

15. Supplement Clause 8 and Clause 9 of Article 32 as follows:

"8. In the case where a foreign higher education institution establishes several branches in different provinces and cities of Vietnam, each branch must be established, operate, exercise rights, and fulfill obligations in accordance with Decree No. 86/2018/NĐ-CP and this Decree; the relationship between branches shall be determined by the foreign higher education institution establishing the branches and stipulated in the Regulations on the organization and operation of each branch."

"9. Branches of foreign higher education institutions in Vietnam can only issue diplomas and certificates from the foreign higher education institution that established the branch."

16. Amend and supplement some clauses of Article 33 as follows:

a) Amend and supplement Clause 1 of Article 33 as follows:

"1. The issuance of an investment registration certificate for the establishment of preschools, general secondary schools, higher education institutions, branches of higher education institutions with foreign investment, and branches of foreign higher education institutions in Vietnam must meet the following requirements regarding planning:

a) For higher education institutions, branches of higher education institutions with foreign investment, and branches of foreign higher education institutions in Vietnam: they must be consistent with the planning of the network of higher education and teacher training institutions as prescribed by the Higher Education Law 2012, the Law Amending and Supplementing Certain Provisions of the Higher Education Law 2018, and the Planning Law;

b) For preschools and general secondary schools: they must be consistent with the provincial planning content as prescribed by the Planning Law."

b) Supplement Clause 3 of Article 33 as follows:

"3. Foreign higher education institutions investing in establishing branches in Vietnam must be legally established and operating abroad, belonging to the top 500 higher education institutions ranked highest in reputable global university rankings in any of the last three years."

17. Amend and supplement some clauses of Article 34 as follows:

a) Amend and supplement Clause 1 of Article 34 as follows:

"1. For projects to establish higher education institutions of economic organizations with foreign investment and branches of foreign higher education institutions in Vietnam, the Ministry of Planning and Investment shall seek the review opinions of the Ministry of Education and Training and relevant agencies to compile and submit to the Prime Minister for a decision on investment policy."

b) Amend and supplement Clause 4 of Article 34 as follows:

"4. The dossier, procedures, and processes for requesting an investment registration certificate shall be implemented in accordance with the Investment Law. Investment projects must comply with relevant regulations under the Investment Law when there is a change in the project content leading to the need to implement procedures for adjusting the investment registration certificate or procedures for deciding to adjust the investment policy (if applicable)."

18. Amend and supplement some clauses of Article 35 as follows:

a) Amend and supplement Clause 2 of Article 35 as follows:

"2. An investment project to establish a general secondary school must have a minimum investment cost of 50 million VND per student (excluding land usage costs). The total minimum investment amount should be calculated based on the highest anticipated scale at the time, but not less than 50 billion VND. At the time of reviewing for permission to operate education, the investment value must reach over 50% of the total investment amount, and the investor must commit to fully funding the remaining amount within five years from the date of the decision allowing operation."

b) Supplement Clause 5a after Clause 5 of Article 35 as follows:

"5a. An investment project to establish a branch of a foreign higher education institution in Vietnam must have a minimum capital investment of 500 billion VND (excluding land usage costs). At the time of reviewing for permission to establish a university branch, the investment value must reach over 250 billion VND."

c) Amend and supplement Clause 6 of Article 35 as follows:

“6. For educational institutions with foreign investment that do not construct new physical facilities but only lease existing ones or where the Vietnamese side contributes capital through existing physical assets to commence operations, the minimum level of investment must reach at least 70% of the levels prescribed in Clauses 1, 2, 3, 4, and 5a of this Article. At the time of review for permission to operate educational activities, the value of the investment must be at least 50% of the total investment amount, and the investor must commit to fully investing the remaining capital within five years from the date of the decision allowing operation.”

19. Amend some clauses of Article 36 as follows:

a) Amend Point a of Clause 1 of Article 36 as follows:

“a) Ensure lighting, desks, chairs, teaching equipment, and instructional materials according to the requirements of the education program;”

b) Amend Points b, c, d, đ of Clause 2 of Article 36 as follows:

“b) Ensure lighting, desks, chairs, teaching equipment, and instructional materials according to the requirements of the education program;

c) Ensure the area and equipment of the school office, principal's office, administrative management room, health room, security room, staff room, and items serving management, care, nurturing, and education of children according to the requirements of the education program;

d) Have a clean water system, drainage system, toilet facilities, and sanitary equipment ensuring safety and cleanliness, meeting all needs of the school;

đ) Have a kitchen organized according to a one-way operational process with equipment and utensils ensuring food hygiene and safety if the school provides meals for children;”

c) Amend Point c of Clause 3 of Article 36 as follows:

“c) Have a school office, principal's office, teacher's room, meeting room;”

d) Amend and supplement Clause 4 of Article 36 as follows:

“4. For higher education institutions and branch campuses of higher education institutions with foreign investment, branch campuses of foreign higher education institutions in Vietnam:”

đ) Amend Point a of Clause 4 of Article 36 as follows:

“a) The land area for constructing higher education institutions with foreign investment shall not be lower than the prescribed land area for constructing higher education institutions invested by domestic investors and shall ensure operational conditions; the land area for constructing branch campuses of higher education institutions with foreign investment, branch campuses of foreign higher education institutions in Vietnam shall not be lower than the prescribed land area for constructing branch campuses of higher education institutions invested by domestic investors and shall ensure operational conditions;”

20. Amend and supplement some clauses of Article 37 as follows:

a) Amend and supplement Clause 1 of Article 37 as follows:

“1. Foreign education programs implemented in Vietnam must meet the following requirements:

a) Recognized or accredited by the competent authority on education of the home country as meeting quality standards according to the home country’s criteria; taught directly for at least five years in the home country up to the date of submitting the application for registration of activities; approved by the foreign educational institution owning the education program to be used in Vietnam;

b) Not contain content harmful to national defense, national security, public interest; not propagate religion, distort history; not have a negative impact on Vietnamese culture, ethics, and customs;

c) Ensure continuity between educational levels and training qualifications and transferability when students switch to studying at public educational institutions according to regulations of the Ministry of Education and Training;

d) Foreign education programs taught to Vietnamese students must ensure educational goals consistent with Vietnamese educational goals and comply with the provisions of points a, b, and c of this clause.”

b) Amend and supplement Clause 3 of Article 37 as follows:

“3. The Minister of Education and Training shall stipulate compulsory subjects and educational content for Vietnamese citizens studying foreign education and training programs at educational institutions with foreign investment in Vietnam.”

21. Amend and supplement some clauses of Article 38 as follows:

a) Amend and supplement Clause 1 of Article 38 as follows:

“1. For short-term training institutions:

a) Teachers must have a college degree or equivalent and a relevant field of study corresponding to the assigned teaching specialty as prescribed by the Ministry of Education and Training;

b) Foreign teachers teaching language skills must have a college degree or equivalent and meet the requirements as prescribed by the Ministry of Education and Training;

c) The maximum student-to-teacher ratio converted is 25 students per teacher.”

b) Supplement Clause 5 of Article 38 as follows:

“5. For branch campuses of foreign higher education institutions in Vietnam:

a) Lecturers must have qualifications as prescribed by the foreign higher education institution establishing the branch campus but not lower than the lecturer standards prescribed by Vietnam;

b) The student-to-lecturer ratio and number of lecturers as prescribed by the foreign higher education institution establishing the branch campus.”

22. Amend and supplement Clause 1 of Article 40 as follows:

“1. The Prime Minister decides to permit the establishment of higher education institutions with foreign investment and branch campuses of foreign higher education institutions in Vietnam.”

23. Amend and supplement some clauses of Article 41 as follows:

a) Amend and supplement Point c of Clause 1 of Article 41 as follows:

“c) A certified copy or a copy accompanied by the original for verification of the document approving the establishment of the educational institution in the locality and the principle approval for leasing land by the People's Committee of the province where the educational institution is expected to be established or an agreement on the principle of leasing land or existing facilities in accordance with Clause 5 of Article 36 of Decree No. 86/2018/NĐ-CP. In cases where the competent authority can access and share local data, individuals and organizations are not required to provide this part of the application;”

b) Amend and supplement Point b, Point d, and add Point g of Clause 2 of Article 41 as follows:

“2. For preschool educational institutions, general educational institutions, higher education institutions with foreign investment, and branch campuses of foreign higher education institutions in Vietnam, the application includes:”

b) A certified copy or a copy accompanied by the original for comparison of the investment registration certificate. In cases where the competent authority can extract and share data from the Ministry of Planning and Investment, individuals and organizations are not required to provide this component of the application.

d) A certified copy or a copy accompanied by the original for comparison of the document approving land lease issued by the People's Committee of the province for the construction of physical facilities or agreements on the principle of leasing existing physical facilities in accordance with Clause 5, Article 36 of Decree No. 86/2018/ND-CP and related legal documents.. In cases where the competent authority can extract information from local databases or state agencies, individuals and organizations are not required to provide this component of the application.

g) For applications requesting permission to establish branch offices of foreign higher education institutions in Vietnam, additional information must be provided regarding the ranking within the top 500 global higher education institutions, quality assurance documents of the foreign higher education institution seeking to establish a branch office that remain valid, or documents from the competent authority of the foreign country allowing training and issuing diplomas.

24. Amend and supplement Point a, Clause 1, Article 42 as follows:

“a) The Ministry of Education and Training for applications requesting permission to establish: higher education institutions, branch offices of foreign higher education institutions in Vietnam, kindergartens, primary and secondary schools proposed by diplomatic missions of foreign countries or international intergovernmental organizations to be established;”

25. Amend some clauses of Article 43 as follows:

a) Amend and supplement Clause 2, Article 43 as follows:

“2. A certified copy or a copy accompanied by the original for comparison of the investment registration certificate related to establishing a branch office. In cases where the competent authority can extract this information from the database of the Ministry of Planning and Investment or state agencies, organizations and individuals do not need to provide this document.”

b) Amend and supplement Clause 6, Article 43 as follows:

“6. A certified copy or a copy accompanied by the original for comparison of the document approving land lease for constructing a branch office or agreements on the principle of leasing existing physical facilities in accordance with Clause 5, Article 36 of Decree No. 86/2018/ND-CP and related legal documents. In cases where the competent authority can extract this information from local databases or state agencies, organizations and individuals do not need to provide this document.”

26. Amend and supplement some clauses of Article 46 as follows:

a) Amend and supplement Clause 2, Article 46 as follows:

“2. A certified copy or a copy accompanied by the original for comparison of the decision permitting establishment for foreign-invested educational institutions; a certified copy or a copy accompanied by the original for comparison of the investment registration certificate and business registration certificate for short-term training institutions with foreign investment. In cases where the competent authority can extract this information from specialized databases or state agencies, organizations and individuals do not need to provide these documents.”

b) Supplement Clause 6, Article 46 as follows:

“6. The registration documents for educational activities of preschool and general education institutions teaching foreign educational programs to Vietnamese students include the components specified in Clauses 1, 2, 3, 4, and 5 of this Article and the following documents and materials:

a) Compulsory subject curricula and educational content;

b) Documents from the competent authorities or organizations in the home country recognizing the quality of education or certificates of quality assurance in education issued by legitimate quality assurance organizations in the home country for the foreign educational program intended to be taught to Vietnamese students;

c) Documentation proving that the educational program has been directly taught for at least five years in the home country up to the date of submission of the application;

d) Documents from foreign educational institutions approving the use of foreign educational programs in Vietnam.”

27. Amend and supplement Clause 1, Article 47 as follows:

“1. The Minister of Education and Training permits educational activities for foreign-invested higher education institutions, branch offices of foreign-invested higher education institutions, and branch offices of foreign higher education institutions in Vietnam.”

28. Amend and supplement some clauses of Article 48 as follows:

a) Amend and supplement Point a, Clause 1, Article 48 as follows:

“a) The Ministry of Education and Training for registration documents for educational activities of foreign-invested higher education institutions and branch offices of foreign higher education institutions, and branch offices of foreign higher education institutions in Vietnam;”

b) Supplement Clause 1a after Clause 1, Article 48 as follows:

“1a. For registration documents of preschool and general education institutions specified in Clauses 2 and 3, Article 28 of Decree No. 86/2018/ND-CP, teaching foreign educational programs to Vietnamese students, the Department of Education and Training shall send the documents and materials specified in Points a, b, c, and d, Clause 6 of this Decree to the Ministry of Education and Training for comments on implementing foreign educational programs for Vietnamese students.”

c) Amend and supplement Clause 2, Article 48 as follows:

“2. From the date of receiving complete documents as prescribed in Article 46 of Decree No. 86/2018/ND-CP and this Decree, within thirty days (for preschool and general education institutions teaching foreign educational programs to Vietnamese students) or twenty days (for other cases), the agency receiving the documents shall take the lead and coordinate with relevant agencies and units to review the conditions according to regulations and submit to the competent authority for examination and issuance of the permit to operate under Model No. 17 attached to this Decree.

In cases where the application is not valid, the agency receiving the documents shall notify the investor in writing within five working days from the date of receipt of the application, either directly or through postal services or email.”

In the case where the educational institution does not meet the conditions for operation, within five working days from the date of receiving the opinion of the competent authority, the agency receiving the application shall respond in writing to the investor, stating the specific reasons.

29. Amend Clause 5 of Article 50 as follows:

“5. The application dossier for resuming educational activities includes:

a) A request for permission to resume educational activities (according to Form No. 44 attached to this Decree);

b) A report on the results of rectifying violations leading to suspension (according to Form No. 50 attached to this Decree).”

30. Amend and supplement some clauses of Article 51 as follows:

a) Amend and supplement Clause 1 of Article 51 as follows:

“1. The person authorized to permit the establishment of a foreign-invested preschool education institution, general education institution, higher education institution, branch of a foreign-invested higher education institution, or branch of a foreign higher education institution in Vietnam shall have the authority to decide on the dissolution of such institutions. The person authorized to permit the operation of a short-term training institution with foreign investment shall have the authority to terminate its operations.”

b) Amend and supplement Point a and Point b of Clause 2 of Article 51 as follows:

“2. Dissolve a foreign-invested educational institution in the following cases:

a) At the proposal of the organization or individual establishing the foreign-invested educational institution;

b) Serious violation of laws or regulations on management, organization, and operation of foreign-invested educational institutions;”

c) Amend and supplement Point a of Clause 4 of Article 51 as follows:

“a) For the application dossier for dissolving a higher education institution, branch of a foreign-invested higher education institution, branch of a foreign higher education institution in Vietnam, preschool education institution, or general education institution established by a diplomatic mission of a foreign country or an intergovernmental international organization, the investor shall submit one set of the dossier directly or through postal service to the Ministry of Education and Training;”

31. Amend Clause 2 of Article 58 as follows:

“2. Within five working days from the date of receiving the complete dossier as prescribed, the Ministry of Education and Training shall send the dossier to seek opinions from relevant agencies, units, and localities. The agencies, units, and localities sought for opinions shall be responsible for responding in writing within fifteen working days from the date of receipt of the request. Within five working days from the date of receipt of the opinions of the relevant agencies, units, and localities, the Ministry of Education and Training shall decide to permit the establishment of a representative office of foreign education according to Form No. 19 attached to this Decree. In the case of not permitting the establishment, the agency receiving the dossier shall issue a written response stating the specific reasons.”

32. Amend Clause 2 of Article 59 as follows:

“2. The application dossier for the operation of a representative office of foreign education includes:

a) An application form for the operation of a representative office of foreign education according to Form No. 20 attached to this Decree;

b) A certified copy or a copy accompanied by the original for verification of the Decision allowing the establishment of the representative office. If the competent authority can extract or share data from specialized databases, individuals or organizations do not need to provide this part of the dossier;

c) A letter appointing the head of the representative office of foreign education and the personal history of the appointed person;

d) Personal history of personnel working at the representative office of foreign education;

đ) Documents proving the specific location of the representative office of foreign education.”

33. Amend and supplement some clauses of Point b and Point c of Clause 4 of Article 60 as follows:

a) Amend and supplement Point b and Point c of Clause 4 of Article 60 as follows:

“b) The decision allowing the establishment of a representative office of foreign education or a copy thereof (certified copy or a copy accompanied by the original for verification). If the competent authority can extract or share data from local databases or specialized databases, individuals or organizations do not need to provide this part of the dossier;

c) Certificate of registration for the operation of a representative office of foreign education or a copy thereof (certified copy or a copy accompanied by the original for verification if already registered for operation). If the competent authority can extract or share data from local databases or specialized databases, individuals or organizations do not need to provide this part of the dossier;”

b) Amend and supplement Clause 5 of Article 60 as follows:

“5. Within five working days from the date of receiving the complete dossier, the competent authority shall examine and seek opinions from relevant agencies and units. The agencies and units sought for opinions shall be responsible for responding in writing within ten working days from the date of receipt of the request. Within five working days from the date of receipt of the opinions of the relevant agencies and units, the competent authority shall decide to permit modification, supplementation, or extension of the decision to establish a representative office of foreign education. In the case of not permitting modification, supplementation, or extension, the agency receiving the dossier shall issue a written response stating the specific reasons.”

34. Amend and supplement Point c of Clause 3 of Article 61 as follows:

“c) Within five working days from the date of receiving the complete dossier as prescribed, the Ministry of Education and Training shall send the dossier to seek opinions from relevant agencies, units, and localities. The agencies, units, and localities sought for opinions shall be responsible for responding in writing within ten days from the date of receipt of the request. Within five working days from the date of receipt of the opinions of the relevant agencies, units, and localities, the Ministry of Education and Training shall examine and decide to permit the representative office to cease operations. In the case of an invalid dossier according to the regulations, within five working days from the date of receipt of the dossier, the agency receiving the dossier shall notify in writing sent directly or through postal service or through the online public service portal or email to the organization or educational institution.”

35. Amend and supplement Clause 1 of Article 65 as follows:

"1. The People's Committees of provinces and centrally governed cities within the scope and authority delegated shall be responsible for managing, inspecting, auditing, and evaluating the results of cooperation and investment activities in the field of education; handling complaints and denunciations, rewarding, and dealing with violations according to their jurisdiction in this field at the local level."

36. Supplement Article 65a following Article 65 as follows:

“Article 65a. Reporting System

1. Report on the implementation of educational collaboration on an annual basis.

a) Content and reporting requirements: General situation regarding the implementation of collaboration contents, rights and obligations of participating parties; number of teachers, specifying the number of foreign national teachers; compliance with regulations on managing foreigners; difficulties and obstacles; recommendations and proposals (if any);

b) Implementing entities, receiving agencies, and reporting procedures: Educational institutions of Vietnam implementing educational collaboration shall submit reports to the Department of Education and Training;

c) Reporting period: Annual periodic report;

d) Methods of submitting and receiving reports: Educational institutions of Vietnam implementing educational collaboration shall submit reports via postal service, directly, or online to the Department of Education and Training;

đ) Data cut-off date for reporting: From October 1 of the year preceding the reporting period to September 30 of the reporting year;

e) Deadline for submitting reports: Before October 31 each year;

g) Outline template for reports: Model No. 32 attached as an appendix to this Decree;

h) Statistical data table for reports: Model No. 33 attached as an appendix to this Decree.

2. Report on training collaboration.

a) Content and reporting requirements: General situation regarding the implementation of collaboration contents, rights and obligations of participating parties; number of teachers, specifying the number of foreign national teachers, compliance with regulations on managing foreigners; difficulties and obstacles; recommendations and proposals (if any);

b) Implementing entities, receiving agencies, and reporting procedures: Higher education institutions of Vietnam implementing training collaboration shall submit reports to the Ministry of Education and Training;

c) Reporting period: Annual periodic report;

d) Methods of submitting and receiving reports: Higher education institutions of Vietnam implementing training collaboration shall submit reports via postal service, directly, or online to the Ministry of Education and Training;

đ) Data cut-off date for reporting: From October 1 of the year preceding the reporting period to September 30 of the reporting year;

e) Deadline for submitting reports: Before October 31 each year;

g) Outline template for reports: Model No. 34 attached as an appendix to this Decree;

h) Statistical data table for reports: Model No. 35 attached as an appendix to this Decree.

3. Report on organizing foreign language proficiency certification examinations.

a) Content and reporting requirements: General situation regarding the implementation of collaboration contents, rights and obligations of participating parties; difficulties and obstacles; recommendations and proposals (if any);

b) Implementing entities, receiving agencies, and reporting procedures: Educational institutions or organizations of Vietnam implementing foreign language proficiency certification examination collaboration shall submit reports to the Ministry of Education and Training;

c) Reporting period: Annual periodic report;

d) Methods of submitting and receiving reports: Educational institutions or organizations of Vietnam implementing foreign language proficiency certification examination collaboration shall submit reports via postal service, directly, or online to the Ministry of Education and Training;

đ) Data cut-off date for reporting: From December 1 of the year preceding the reporting period to November 30 of the reporting year;

e) Deadline for submitting reports: Before December 15 each year;

g) Outline template for reports: Model No. 36 attached as an appendix to this Decree;

h) Statistical data table for reports: Model No. 37 attached as an appendix to this Decree.

4. Report on the comprehensive development status of preschool education institutions and general education institutions teaching foreign education programs.

a) Content and reporting requirements: General situation regarding the implementation of permitted educational activities, organizational structure, number of teachers, specifying the number of foreign national teachers, compliance with regulations on managing foreigners, number of students, specifying the ratio of Vietnamese national students; organization and results of mandatory subject/content assessments as prescribed; graduation rate, diplomas issued; difficulties and obstacles; recommendations and proposals (if any);

b) Implementing entities, receiving agencies, and reporting procedures: Preschool education institutions and general education institutions teaching foreign education programs shall submit reports to the Department of Education and Training;

c) Reporting period: Annual periodic report;

d) Methods of submitting and receiving reports: Preschool education institutions and general education institutions teaching foreign education programs shall submit reports via postal service, directly, or online to the Department of Education and Training;

đ) Data cut-off date for reporting: From October 1 of the year preceding the reporting period to September 30 of the reporting year;

e) Deadline for submitting reports: Before October 31 each year;

g) Outline template for reports: Model No. 38 attached as an appendix to this Decree;

h) Statistical data table for reports: Model No. 39 attached as an appendix to this Decree.

5. Report on the operations of foreign education representative offices in Vietnam.

a) Content and reporting requirements: General situation regarding the implementation of permitted activities; difficulties and obstacles; recommendations and proposals (if any);

b) Implementing entities, receiving agencies, and reporting procedures: Foreign education representative offices in Vietnam shall submit reports to the Department of Education and Training;

c) Reporting period: Annual periodic report;

d) Methods of submitting and receiving reports: Foreign education representative offices in Vietnam shall submit reports via postal service, directly, or online to the Department of Education and Training;

đ) Data cut-off date for reporting: From December 1 of the year preceding the reporting period to November 30 of the reporting year;

e) Deadline for submitting reports: Before December 15 each year;

g) Outline template for reports: Model No. 40 attached as an appendix to this Decree;

h) Statistical data table for reports: Model No. 41 attached as an appendix to this Decree.

6. Report on the implementation of foreign cooperation and investment in the field of education.

a) Content and reporting requirements: General situation regarding the implementation of foreign cooperation and investment in the field of education at the local level; difficulties and obstacles; recommendations and proposals (if any);

b) Implementing entities, receiving agencies, and reporting procedures: People's Committees of provinces and centrally governed cities shall submit reports to the Ministry of Education and Training and the Ministry of Planning and Investment;

c) Reporting period: Annual periodic report;

d) Method of submitting and receiving reports: The People's Committees of provinces and centrally governed cities shall submit their reports through postal services or directly or online to the Ministry of Education and Training and the Ministry of Planning and Investment;

đ) Deadline for finalizing report data: From January 1, the year prior to the reporting period, to November 15 of the reporting year;

e) Deadline for submitting reports: Before November 30 each year;

g) Outline of the report: In accordance with Model No. 42 attached as an appendix to this Decree;

h) Statistical tables in the report: In accordance with Model No. 43 attached as an appendix to this Decree.”

37. Amend Models No. 01, 03, 04, 05, 06, 08, 10, 11, 12, 13, 14, 15, 17, 19 of Decree No. 86/2018/NĐ-CP; supplement models from No. 22 to No. 58 attached as an appendix to this Decree for certain articles, clauses, and points of Decree No. 86/2018/NĐ-CP, specifically as follows:

Model No. 22 applies to Clause 6 of Article 51; Model No. 23 applies to Clause 3 of Article 49; Model No. 24 applies to Clause 7 of Article 50; Model No. 25 applies to Point c of Clause 6 of Article 25; Model No. 26 applies to Point d of Clause 7 of Article 26; Model No. 27 applies to Point b of Clause 2 of Article 23; Model No. 28 applies to Point c of Clause 6 of Article 25; Model No. 29 applies to Point d of Clause 7 of Article 26; Model No. 30 applies to Clause 5 of Article 60; Model No. 31 applies to Clause 5 of Article 61; Model No. 45 applies to Point a of Clause 3 of Article 51; Model No. 46 applies to Clause 2 of Article 49; Model No. 47a applies to Point b of Clause 3 of Article 12; Model No. 47b applies to Point b of Clause 5 of Article 25; Model No. 49 applies to Point a of Clause 2 of Article 9; Model No. 51 applies to Point đ of Clause 1 of Article 9; Model No. 52 applies to Point b of Clause 3 of Article 51; Model No. 53 applies to Point b of Clause 1 of Article 54; Model No. 54 applies to Point c of Clause 1 of Article 54; Model No. 55 applies to Point d of Clause 1 of Article 54; Model No. 56 applies to Point a of Clause 3 of Article 61; Model No. 57 applies to Point b of Clause 3 of Article 61; Model No. 58 applies to Clause 5 of Article 60.

Article 2. Supplement, replace, and remove certain words and phrases in some articles of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on foreign cooperation and investment in the field of education.

1. Supplement, replace, and remove certain words and phrases in some articles of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on foreign cooperation and investment in the field of education.

a) Add the phrase "or through the online public service portal" after the word "postal service" at Point b of Clause 1, Points b and d of Clause 2, Article 10; Point b of Clause 4, Article 12; Point c of Clause 5, Article 13; Point a of Clause 1, Points a, b, and c of Clause 2, Article 23; Clause 1, Point b of Clause 6, Article 25; Point c of Clause 7, Article 26; Clause 1, Article 42; Point a of Clause 2, Article 44; Clause 1, Article 48; Points a and b of Clause 4, Article 51; Clause 1, Article 58;

b) Replace the word "postal service" with the phrase "postal service" at Points b and d of Clause 1, Points b and d of Clause 2, Article 10; Points b and c of Clause 4, Article 12; Point c of Clause 5, Article 13; Points a and c of Clause 1, Points a, b, and c of Clause 2, Article 23; Clause 1, Points b and d of Clause 6, Article 25; Point c of Clause 7, Article 26; Clause 1, Points b and d of Clause 2, Article 42; Points a, b, and e of Clause 2, Article 44; Article 48; Clause 3, Article 49; Clause 7, Article 50; Clause 4, Article 51; Clauses 1 and 3, Article 58; Clause 4, Article 59; Clause 6, Article 60; Point c of Clause 3, Article 61.

2. Repeal certain clauses in some articles of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on foreign cooperation and investment in the field of education: Clause 5, Article 14; Point e of Clause 1, Article 21; Clauses 3 and 4, Article 27; Clause 6, Article 32; Point đ of Clause 2, Article 52; Clause 2, Article 65.

Article 3. Effectiveness

1. This Decree takes effect from November 20, 2024.

2. Transitional provisions:

a) Preschool educational institutions and general educational institutions specified in Clauses 2 and 3 of Article 28 of Decree No. 86/2018/NĐ-CP currently implementing foreign education programs for Vietnamese students do not need to reapply for educational activity registration but must supplement and complete the documents specified in Clause 6 of Article 46 of this Decree and submit them to the Department of Education and Training within six months from the date this Decree takes effect;

b) Preschool educational institutions and general educational institutions specified in Clauses 2 and 3 of Article 28 of Decree No. 86/2018/NĐ-CP currently processing educational activity registration but have not yet been granted permission by the competent authority must supplement and complete the educational activity registration documents specified in Clause 6 of Article 46 of this Decree;

c) Preschool educational institutions and general educational institutions specified in Clauses 2 and 3 of Article 28 of Decree No. 86/2018/NĐ-CP transitioning from teaching the Vietnamese education program to a foreign education program for Vietnamese students must comply with the provisions of Article 46 of Decree No. 86/2018/NĐ-CP and this Decree;

d) Educational institutions that have been granted investment permits and are operating before this Decree takes effect but have not yet received establishment and operation permits, if they meet all requirements for establishment, operation, and quality assurance as stipulated in Decree No. 86/2018/NĐ-CP and this Decree, then within one year from the date this Decree takes effect, investors must choose the type of institution according to Decree No. 86/2018/NĐ-CP and this Decree, complete the necessary documents, and submit them to the Ministry of Education and Training for submission to the Prime Minister for issuance of the establishment permit; the Ministry of Education and Training will issue the operation permit.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

Request letter (in accordance with Model No. 48 attached as an appendix to this Decree);

Certified copy or original copy for comparison of the certificate of investment registration;

Certified copy or original copy for comparison of the land lease approval document or lease of facilities;

Certificate of educational quality assessment or educational quality recognition document issued by the competent authority accompanying the educational quality assessment file;

Regulations on the organization and operation of educational institutions.

đ) Educational institution that has been granted an investment permit and operated before this Decree takes effect but has not fully met the requirements for establishment, operation, and quality assurance as stipulated in Decree No. 86/2018/NĐ-CP and this Decree shall complete all procedures related to investment in accordance with the Investment Law, procedures for establishment permission, and procedures for operation permission as prescribed in Decree No. 86/2018/NĐ-CP and this Decree.

Within one year from the date this Decree takes effect, if the educational institution does not obtain an Investment Certificate in accordance with the Investment Law, it must cease enrollment.

Within five years from the date this Decree takes effect, if the educational institution does not obtain a Decision on Establishment Permission and a Decision on Operation Permission, it must cease operations and ensure the legal rights of students, teachers, managers, staff, and fulfill other obligations and responsibilities as prescribed by law.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree.