DECREE

Amending and supplementing some articles of Decree No. 46/2017/NĐ-CP

dated April 21, 2017 of the Government stipulating

conditions for investment and operation in the field of education

^____________

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Education Law on June 14, 2005; the Law amending and supplementing some articles of the Education Law on November 25, 2009;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending point b Clause 1 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education;

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Law amending and supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Conditions under the Investment Law on November 22, 2016;

Based on Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing certain provisions and implementation measures of the Vocational Education Law;

At the proposal of the Minister of Education and Training;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 46/2017/NĐ-CP dated April 21, 2017 of the Government stipulating conditions for investment and operation in the field of education.

Article 1. Amend and supplement certain articles of Decree No.46/2017/NĐ-CP dated April 21, 2017 of the Government stipulating conditions for investment and operation in the field of education (hereinafter referred to as Decree No. 46/2017/NĐ-CP)as follows:

1. Amending and supplementing Point b Clause 2, Point b and Point c Clause 3 Article 4 as follows:

“2. Documents include:

b) Project proposal for establishing kindergarten, preschool, and nursery schools;

3. Procedures for implementation:

b) Within five working days from the date of receiving complete and valid documents, the People's Committee at the district level shall direct the Department of Education and Training to organize the examination of the conditions for establishing kindergartens, preschools, and nurseries; within fifteen working days, the Department of Education and Training shall take the lead and coordinate with relevant departments to provide examination opinions and submit them to the Chairman of the People's Committee at the district level;

c) Within five working days from the date of receiving written examination opinions from the Department of Education and Training and relevant departments, if the conditions comply with the regulations, the Chairman of the People's Committee at the district level shall issue a decision to establish or permit establishment; if the conditions do not comply with the regulations, the Chairman of the People's Committee at the district level shall issue a written response stating the reasons.”

2. Amending and supplementing Point a, Point b and the fifth bullet point of Point d Clause 2 Article 5 as follows:

“a) Kindergartens, preschools, and nurseries must be located in residential areas ensuring safety and environmental hygiene regulations;

b) The area of land for construction includes: Construction area; playground area; green space and road area. The minimum average area of land for construction is 12 square meters per child in plain and midland areas (excluding provincial cities); 8 square meters per child in urban and mountainous areas and islands;²d) The structure of buildings includes:²- Playground including: Group and class playgrounds; common playground.”

3. Amending and supplementing Clause 2, Point c and Point d Clause 3 Article 6 as follows:

“2. Documents include:

a) Proposal requesting permission to operate educational activities;

b) Copies issued from original records, copies certified from original documents, or copies accompanied by original documents for verification of decisions to establish or permit establishment of kindergartens, preschools, and nurseries;

c) List of key leadership staff including principals, deputy principals, and heads of specialized departments, clearly indicating their professional qualifications; list of teachers, clearly indicating their professional qualifications; employment contracts signed between kindergartens, preschools, and nurseries and each management staff member and teacher;

d) Preschool education program and materials supporting the implementation of the preschool education program;

đ) List of the number of classrooms, offices, facilities, and equipment meeting the required conditions;

e) Legal documents: confirmation of land use rights or lease agreements for kindergarten, preschool, and nursery school premises with a minimum term of five years; confirmation of the current funds managed by kindergartens, preschools, and nurseries, ensuring legality and commitment to only be used for construction and regular operational costs of kindergartens, preschools, and nurseries after being permitted to operate educational activities; plans for raising and balancing capital to ensure stable operations of kindergartens, preschools, and nurseries over a five-year period starting from enrollment;

g) Regulations on organization and operation of kindergartens, preschools, and nurseries.

c) Within fifteen working days from the date of announcing the plan for actual examination, the Department of Education and Training shall take the lead and coordinate with relevant departments to conduct actual examinations;

d) Within five working days, if kindergartens, preschools, and nurseries meet the required conditions, the Director of the Department of Education and Training shall issue a decision to permit educational activities; if they do not meet the required conditions, a written notification will be issued explaining the reasons.”

3. Procedures for implementation:

4. Amending and supplementing Point a Clause 3, Point b and Point c Clause 4 Article 7 as follows:

“3. Documents include:

a) Merger, division, or separation project proposal for kindergartens, preschools, and nurseries, including plans to ensure the legitimate rights and interests of children, teachers, and managers;

b) Within five working days from the date of receiving complete and valid documents, the People's Committee at the district level shall direct the Department of Education and Training to organize the examination of the documents and actual conditions for mergers, divisions, or separations of kindergartens, preschools, and nurseries; within ten working days, the Department of Education and Training shall take the lead and coordinate with relevant departments to examine and submit to the Chairman of the People's Committee at the district level;

c) Within five working days from the date of receiving written examination opinions from the Department of Education and Training and relevant departments, if the conditions comply with the regulations, the Chairman of the People's Committee at the district level shall issue a decision on merger, division, or separation; if the conditions do not comply with the regulations, a written response will be issued explaining the reasons.”

4. Procedure for implementation:

b) Within five working days from the date of receiving complete and valid files, the People's Committee at the district level shall direct the Department of Education and Training to organize the examination of the files and the actual conditions for the merger, division, or separation of kindergartens, preschools, and nurseries; within ten working days, the Department of Education and Training shall take the lead and coordinate with relevant departments to examine and submit to the Chairman of the People's Committee at the district level.

c) Within five working days from the date of receiving the written examination opinions of the Department of Education and Training and relevant departments, if the conditions stipulated are met, the Chairman of the People's Committee at the district level shall issue a decision on the merger, division, or separation; if the conditions stipulated are not met, a response document stating the reasons shall be issued.

5. Amending and supplementing Article 10 as follows:

“Article 10. Conditions for establishing and operating independent preschool groups and classes

1. Having teachers meeting the prescribed standard qualifications.

2. Having safe rooms for nurturing, caring for, and educating children; the area of the room for nurturing, caring for, and educating children must ensure at least 1.5 m² per child; having play areas, safety fences, and gates for children; places organizing meals for children must have separate kitchens that are safe; ensuring fire prevention and food safety hygiene. Ensuring clean water for daily activities and sufficient drinking water for children every day.²3. Equipment for an independent preschool group:

a) Minimum equipment for children includes: mats or rugs for playing, beds for sleeping, blankets, pillows, mosquito nets, containers for drinking water, utensils, toys, and shelves for towels and cups; sufficient potties for toilet use and materials to support play and purposeful play activities.

b) Materials for caregivers include: a set of materials guiding the implementation of nurturing and educational activities for children; records tracking children's progress; property records of the preschool group; materials to disseminate knowledge on raising children to parents.

4. Equipment for an independent kindergarten class:

a) Minimum equipment for children includes: desks and chairs according to standards for children to sit (especially for five-year-olds): one desk and two chairs for two children; one desk, one chair, and one board for the teacher; utensils, toys, and shelves; containers for drinking and washing water; materials for play and purposeful learning activities.

For boarding classes: having mats or beds for sleeping, blankets, pillows, mosquito nets, fans;

b) Materials for kindergarten teachers include: a set of materials guiding the implementation of nurturing and educational activities for children; records tracking children's progress; records of organized educational activities for children during the day; materials to disseminate knowledge on raising children to parents.

5. In places where the network of early childhood education facilities does not meet the demand for sending children to school or classes, individuals may organize preschool groups to meet the needs of parents for nurturing and caring for children and must register their activities with the People's Committee of the commune, ensuring the following registration conditions:

a) The maximum number of children in a preschool group is seven children;

b) Caregivers must be healthy, capable of civil liability, and hold certificates for training in childcare and nurturing children as prescribed;

c) Physical infrastructure must meet the minimum conditions as follows: the room for nurturing and caring for children must have a minimum area of 15 m²; ensuring safety, ventilation, and coolness; having safe toys suitable for the age of children; having sufficient utensils and equipment to serve nurturing and caring for children; having sufficient drinking and washing water for children daily; having a bathroom and appropriate sanitary facilities for children; having materials guiding the implementation of nurturing and educational activities for children.”

6. Amend Point c Clause 2 and Point d Clause 3 Article 11 as follows:²“2. Documents include:

c) A copy issued from the original record, a certified copy from the original, or a copy accompanied by the original for verification of diplomas and certificates of teachers or caregivers.

d) Within 05 working days from the date of receiving the reply document from the Department of Education and Training, the Chairman of the People's Committee of the commune shall issue a decision to establish or permit establishment; if no decision is made, a notification document shall be issued to the organization, individual, and the Department of Education and Training specifying the reasons.”

7. Amend and supplement Clause 3 and Point c Clause 4 Article 12 as follows:

3. Procedures for implementation:

a) A proposal for merging, dividing, or separating independent preschool groups and classes, including a plan to ensure the rights and legitimate interests of children and teachers;

b) A copy issued from the original record, a certified copy from the original, or a copy accompanied by the original for verification of diplomas and certificates of teachers or caregivers.

b) Within five working days from the date of receiving complete and valid documents, the People's Committee at the district level shall direct the Department of Education and Training to organize the examination of the documents and actual conditions for mergers, divisions, or separations of kindergartens, preschools, and nurseries; within ten working days, the Department of Education and Training shall take the lead and coordinate with relevant departments to examine and submit to the Chairman of the People's Committee at the district level;

c) Within 05 working days from the date of receiving the reply document from the Department of Education and Training, the Chairman of the People's Committee of the commune shall decide on merging, dividing, or separating. If no merging, dividing, or separating of preschool groups and classes occurs, a notification document shall be issued to the Department of Education and Training and the organization or individual submitting the application specifying the reasons.”

8. Amend and supplement Point c Clause 2; Point b and Point c Clause 3 Article 16 as follows:

4. Procedure for implementation:

c) A curriculum vitae accompanied by a copy issued from the original record, a certified copy from the original, or a copy accompanied by the original for verification of valid diplomas and certificates of the person intended to be appointed as principal;

b) The Department of Education and Training receives the application. Within 05 working days from the date of receipt, if the application does not comply with regulations, it will notify in writing the contents that need to be corrected or supplemented to the organization or individual. Within 15 working days from the date of receipt of a complete and valid application, the Department of Education and Training will lead and coordinate with relevant departments to review the application and conduct on-site reviews of the conditions for establishing and permitting the establishment of primary schools. If the conditions are met, the Director of the Department of Education and Training will provide written comments and submit the application for establishing or permitting the establishment of a school to the People's Committee of the district;

“2. Documents include:

c) Within 05 working days from the date of receipt of a complete and valid application, the Chairman of the People's Committee of the district shall make a decision to establish or permit establishment. If no decision to establish or permit establishment of the school is made, a notification document shall be issued to the Department of Education and Training, the People's Committee of the commune, and the organization or individual applying for establishment specifying the reasons.”

3. Procedures for implementation:

“2. Land, school premises, physical infrastructure, and equipment meeting the requirements for educational activities:

a) The area of land for constructing a school is determined based on the number of classes, the number of students, and regional characteristics, with a minimum average of 10 m² per student in rural and mountainous areas; 06 m² per student in urban and town areas. In areas with difficult land conditions, the usable land area can be replaced by the floor area and must ensure compliance with the prescribed area;

9. Amend and supplement Clause 2 of Article 17 as follows:

b) The structure of buildings includes:

The area of the land for constructing the school shall be determined based on the number of classes, the number of students, and the characteristics of the region, with a minimum average of 10 square meters per student for rural and mountainous areas;²6 square meters per student for urban and town areas. In cases where there are difficulties with land, the usable land area may be replaced by the floor area of construction and must ensure compliance with the prescribed area requirements;²for a student in urban or town areas. In cases where land is scarce, the usable land area may be replaced with the constructed floor area, while ensuring compliance with the prescribed area requirements.

b) The structure of the building includes:

- School perimeter fence; school gate; school name sign; classrooms; principal's office, vice-principal's office; administrative office; meeting room; teachers' room; library; educational equipment room; computer room; traditional activity room and scouting activities room; school health room; security room;

- Art education room; audio-visual classroom; student counseling room; inclusive education support room for students with disabilities; physical education room or multi-purpose hall;

- Teachers' and students' restroom; waste storage area and sanitation water supply and drainage system; parking lot for students, teachers, and staff; playground area occupying at least 30% of the school land area, ensuring safety for students;

- Dining hall and dormitory ensuring health conditions for boarding students.

c) Ensuring sufficient educational equipment according to the minimum teaching equipment list issued by the Ministry of Education and Training.

10. Amend and supplement Article 18 as follows:

“Article 18. Procedures for primary schools to conduct educational activities

1. The Director of the Department of Education and Training decides on permission for primary schools to conduct educational activities.

2. Documents include:

a) Application for permission to conduct educational activities;

b) A copy issued from the original record, a certified copy from the original, or a copy accompanied by the original for verification of the decision to establish or permit establishment of the school.

3. Procedures for implementation:

a) The headmaster of the primary school is responsible for preparing the application for permission to conduct educational activities in accordance with Clause 2 of this Article;

b) The Department of Education and Training receives the application, examines the conditions for permission to conduct educational activities in accordance with Article 17 of this Decree. Within twenty working days from the date of receiving complete and valid applications, the Department of Education and Training, in collaboration with relevant specialized departments, will review the application and assess the actual conditions of the primary school. If the conditions are met, the Director of the Department of Education and Training will decide to allow the school to organize educational activities; if not, a notification will be issued to the school specifying the reasons and solutions.

11. Amend and supplement Point b, Clause 3, Article 19 as follows:

“b) Plan for merger, division, or separation, including measures to ensure the legitimate rights and interests of students, teachers, managers, and staff;"

12. Sửa đổi, bổ sung Điều 22 như sau:

“Article 22. Conditions for other educational institutions to implement the primary education program

1. Having a management team and teachers who meet the standards as prescribed.

2. Classrooms:

a) Meeting the requirements for hygiene and safety for teachers and students as stipulated; providing minimum conditions for students with disabilities to facilitate learning;

b) Equipped with desks and chairs for teachers and students that comply with regulations and accommodate all students; blackboard; lighting and ventilation systems (in areas with electricity); filing cabinets and teaching equipment storage systems."

13. Amend Point b, Clause 2 and Point c, Clause 3, Article 23 as follows:

“2. Documents include:

b) A copy issued from the original record, a certified copy from the original, or a copy accompanied by the original for verification of the valid certificates of the person proposed to manage the educational institution;

3. Procedures for implementation:

c) Within ten working days from the date of receiving complete and valid applications, the Chairman of the People's Committee of the commune shall examine and decide on permission for other educational institutions to implement the primary education program; if not granting permission, a notification will be issued to the organization or individual specifying the reasons and solutions."

14. Amend and supplement Point c, Clause 2, Point b, and Point c, Clause 3, Article 26 as follows:

“2. Documents include:

c) Within 05 working days from the date of receipt of a complete and valid application, the Chairman of the People's Committee of the district shall make a decision to establish or permit establishment. If no decision to establish or permit establishment of the school is made, a notification document shall be issued to the Department of Education and Training, the People's Committee of the commune, and the organization or individual applying for establishment specifying the reasons.”

3. Procedures for implementation:

b) The Department of Education and Training, the Department of Education and Training of the province will receive the application. Within twenty working days from the date of receiving complete and valid applications, if the conditions are met, the receiving agency will lead and coordinate with relevant specialized departments to review the application and assess the actual conditions for establishing secondary schools; if the conditions are met, they will issue a written opinion and forward the application for establishment or permission to establish the school to the authority specified in Clause 1 of this Article; if the conditions are not met, a notification will be issued to the People's Committee of the commune, the People's Committee of the district, or the organization or individual proposing the establishment of the school specifying the reasons;

c) Within five working days from the date of receiving complete and valid applications, the authority specified in Clause 1 of this Article will make a decision on establishment or permission to establish the school; if not making such a decision, a notification will be issued to the receiving agency and the organization or individual proposing the establishment of the school specifying the reasons."

15. Amend and supplement Point a, Clause 2 and Clause 3, Article 27 as follows:

"2. Possessing land, premises, facilities, and equipment to meet the requirements for educational activities. Facilities include:

a) Classrooms built to standards, equipped with appropriate desks and chairs for students' height, teacher's desk and chair, blackboard, and ensuring that classes can be held up to two sessions per day;

3. The location of the school must provide a safe educational environment for students, teachers, managers, and staff. The school is a separate area surrounded by walls, with a school gate and name sign."

16. Amend and supplement Point b, Clause 2 and Point c, Clause 3, Article 28 as follows:

“2. Documents include:

b) A copy issued from the original record, a certified copy from the original, or a copy accompanied by the original for verification of the decision to establish or permit establishment of the school;

3. Procedures for implementation:

c) Within twenty working days from the date of receiving complete and valid applications, the authority specified in Clause 1 of this Article will organize the review of the application and assess the actual conditions for conducting educational activities of the secondary school; if the conditions are met, a decision to permit educational activities will be made. If not making such a decision, a notification will be issued to the school specifying the reasons and solutions."

17. Amend and supplement Point b, Clause 3, Article 29 as follows:

“b) Plan for merger, division, or separation, including measures to ensure the legitimate rights and interests of students, teachers, managers, and staff;"

18. Amend and supplement Article 37 as follows:

“Article 37. Conditions for Establishing a Continuing Education Center

1. Having a management team and teachers who meet the prescribed standards.

2. Having a location to build facilities and equipment as prescribed below:

a) Having sufficient classrooms, laboratories, libraries, and practical training rooms for labor production;

b) Having teaching equipment and study materials to meet the requirements of implementing regular education programs.”

19. Amend and supplement Article 43 as follows:

“Article 43. Procedures for Establishing Community Learning Centers

1. The Chairman of the People's Committee at the district level shall decide on the establishment of community learning centers.

2. Documents include:

a) A document from the People's Committee at the commune level or organizations or individuals proposing the establishment of a community learning center;

b) Curriculum vitae of those proposed to be the directors of the community learning centers.

3. Procedures for implementation:

a) The People's Committee at the commune level or organizations or individuals proposing the establishment of a community learning center shall directly submit or send by post one set of the dossier specified in Clause 2 of this Article to the Department of Education and Training;

b) Within ten working days from the date of receipt of the dossier, the Department of Education and Training shall accept the dossier, organize an assessment of the conditions and report to the Chairman of the People's Committee at the district level for consideration and decision;

c) Within five working days from the date of receiving a complete and valid dossier, the Chairman of the People's Committee at the district level shall make a decision on establishment. If not granting permission for educational activities, a notification shall be issued to the People's Committee at the commune level or organizations or individuals proposing the establishment and the Department of Education and Training, specifying the reasons and solutions.”

20. Amend and supplement Article 47 as follows:

“Article 47. Procedures for Establishing Foreign Language and Information Technology Centers

1. Authority to establish foreign language and information technology centers:

a) The Rector of universities and academies, the Principal of university schools, and the Principal of teacher training colleges shall decide on the establishment of foreign language and information technology centers within their campuses;

b) The head of social organizations, social-professional organizations, and economic organizations permitted by law to establish affiliated training centers shall have the authority to decide on foreign language and information technology centers under their jurisdiction;

c) The Director of the Department of Education and Training shall decide on the establishment of affiliated foreign language and information technology centers; permit the establishment of foreign language and information technology centers outside the campus of universities, academies, university schools, and teacher training colleges as stipulated in point b of Clause 1 of this Article.

2. Documents include:

a) A proposal to establish a foreign language and information technology center;

b) A project to establish a foreign language and information technology center including the following contents: Name of the center, location of the center, necessity and legal basis for establishing the center; objectives and tasks of the center; teaching program, scale of training; material facilities of the center; organizational structure of the center, curriculum vitae of the person proposed to be the Director of the center;

c) A draft internal regulation on organizing the operation of the foreign language and information technology center.

3. Procedures for implementation:

a) Organizations or individuals shall directly submit or send by post one set of the dossier specified in Clause 2 of this Article to the authority responsible for establishing foreign language and information technology centers;

b) Within ten working days from the date of receiving a complete and valid dossier, the competent authority for establishing foreign language and information technology centers shall be responsible for assessing and inspecting according to regulations;

c) Within five working days from the date of receiving a complete and valid dossier, the authority with the power to decide on establishing or permitting the establishment of foreign language and information technology centers as stipulated in Clause 1 of this Article shall decide on establishment or permission if the conditions are met; if not deciding on establishment, a notification shall be issued to organizations or individuals specifying the reasons.”

21. Amend and supplement Clause 1 and Clause 2 of Article 49 as follows:

““1. Authority to grant permission for educational activities:

a) The Director of the Department of Education and Training shall decide on granting permission for educational activities for foreign language and information technology centers as stipulated in points b and c of Clause 1 of this Article;

b) The Rector of universities and academies; the Principal of university schools, and the Principal of colleges shall decide on granting permission for educational activities for foreign language and information technology centers operating within the campus.

a) A proposal to request permission for educational activities;

b) A copy certified from the original book, a copy certified from the original, or a copy accompanied by the original for comparison of the decision to establish the center issued by the competent authority;

c) Internal regulations on educational activities of the center;

d) A report on material facilities, equipment, programs, teaching materials; management staff, teachers; documents proving legal rights to use land and buildings; financial resources ensuring the operation of the center.”

2. Documents include:

23. Amend and supplement Article 60 as follows:

Article 60. Conditions for Establishing Public Support and Development Inclusive Education Centers, Permission for Establishing Private Support and Development Inclusive Education Centers

The establishment of public support and development inclusive education centers, and permission for establishing private support and development inclusive education centers must be consistent with the planning system of specialized educational institutions for persons with disabilities and the system of support and development inclusive education centers approved by the competent state management agency.”

24. Amend Point d Clause 3 of Article 61 as follows:

“d) Within five working days from the date the Department of Home Affairs issues a review, the Chairman of the People's Committee at the provincial level shall issue a decision on establishment or permission for establishment of the center; if不同意翻译的结果，请提供具体反馈，我将根据您的指导进行调整。请注意，您提供的文本中包含了一些格式问题，例如不完整的HTML实体（如“              ”），这可能会影响翻译的准确性。不过，我会尽量保持原文的意思不变，并纠正明显的格式错误。请确认是否需要进一步处理这些格式问题或其他任何修改。以下是我对剩余部分的翻译：

“25. Amend and supplement Article 62 as follows:

Article 62. Conditions for Support and Development Inclusive Education Centers to Engage in Educational Activities

1. Having appropriate material facilities, equipment, and services to support the characteristics of persons with disabilities, including:

a) Office space for management staff, teachers, and employees;

b) Classrooms and functional rooms corresponding to the activities of the center;

“c) Dormitories for students with disabilities residing at the center.”

1. Facilities, equipment, and supporting services suitable for the characteristics of persons with disabilities, including:

a) Office space and workrooms for management staff, teachers, and employees;

b) Classrooms and functional rooms corresponding to the activities of the center;

c) Dormitories for students in centers with residential disabled students;

d) Means, equipment, tools used for assessment, intervention, teaching, vocational guidance, and vocational training;

đ) Specialized materials and supporting materials to ensure the implementation of activities at the center.

2. A team of staff, teachers, and support personnel with appropriate professional qualifications for educating persons with disabilities.

3. Educational program content and training, counseling materials suitable for educating persons with disabilities.”

26. Amend and supplement point b, Clause 2 and Clause 3, Article 63 as follows:

“2. Documents include:

b) A copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison of the decision on establishment or the decision allowing establishment of the center.

3. Procedures for implementation:

a) The center directly sends or sends through postal service one set of the dossier prescribed in Clause 2 of this Article to the Department of Education and Training;

b) Within twenty working days from the date of receiving a complete and valid dossier, the Department of Education and Training shall be responsible for organizing the examination of operational conditions and deciding to allow the center to operate education. If not allowing operation of education, it shall issue a written notice to the center specifying the reasons and solutions.”

27. Amend and supplement Clause 1, Article 64 as follows:

“1. The center for supporting and developing inclusive education may be reorganized when ensuring the following conditions:

a) There is an adjustment in the functions, tasks, and authorities of the center for supporting and developing inclusive education;

b) It has been approved by the competent state management agency.”

28. Amend and supplement point b, point c, Clause 3, Article 73 as follows:

“b) The Department of Education and Training receives the dossier, takes the lead, and coordinates with relevant agencies at the district level to organize the examination according to the content of the project for establishing the school within fifteen working days; submit to the Chairman of the People's Committee at the district level for consideration and decision to establish the boarding secondary school;

c) Within twenty working days from the date of receiving a complete and valid dossier, the Chairman of the People's Committee at the district level decides to establish the school. If not deciding to establish the school, a written notice specifying the reasons and solutions shall be issued to the Department of Education and Training.”

29. Amend and supplement Clause 1 and Clause 3, Article 78 as follows:

“1. There is a project for establishing a school that is consistent with the planning of the network of teacher training schools already approved by the competent state management agency.

3. There is a minimum land area of two hectares for a junior college of education and five hectares for a college of education at the main office location. The location for building the school must ensure educational environment safety for students, teachers, managers, and staff.”

30. Amend and supplement Article 79 as follows:

“Article 79. Procedures for Establishing Public Junior Colleges of Education, Colleges of Education, or Permitting Establishment of Private Junior Colleges of Education, Colleges of Education

1. The Minister of Education and Training decides to establish public colleges of education or permits establishment of private colleges of education; the Chairman of the People's Committee at the provincial level decides to establish public junior colleges of education or permits establishment of private junior colleges of education within their jurisdiction.

2. Documents include:

a) A proposal document for establishment from the managing agency for public schools; a proposal document for permission to establish from organizations or individuals for private schools. The document must specify: Reasons for establishing or permitting establishment of the school; name of the school in Vietnamese and English; main office address, training location; functions, tasks of the school; fields, trades, scale, and level of training;

b) Approval document from the People's Committee at the provincial level where the school is located;

c) Project for establishing the school clearly stating: The necessity of establishing the school, evaluation of the suitability of establishing the school with the planning of the network of vocational education institutions; name of the school; functions, tasks, organizational structure, management; fields, trades, training scale; goals, content, programs; financial resources; land; anticipated infrastructure, number, and composition of full-time lecturers and managerial staff meeting quality and training standards as currently stipulated by the Ministry of Education and Training, consistent with the planned training fields and enrollment schedule; plans for construction and development of the school in each phase; time limit and progress of the investment project; economic and social benefits;

d) Draft overall site planning and preliminary architectural design ensuring suitability with the training field, scale, and level of training, and meeting usage area, construction area standards for learning and teaching;

đ) A copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison of the certificate of land use rights, ownership of housing, or document approving land allocation or lease from the People's Committee at the provincial level (clearly specifying the address, area, boundary of the land plot);

e) Decision approving the investment project for constructing the school, clearly specifying the source of funds for implementation according to the school construction investment plan of the managing agency for public school establishment proposals; confirmation document from the bank regarding the capital contribution in the project management board's account, along with evidence of asset ownership accompanying the asset valuation document if contributing assets or asset ownership rights for private school establishment proposals;

g) For private schools, the dossier must also include:

- Minutes appointing representatives to sign for establishing the school by the capital contributors.

- List of founding council members.

- List, form, and minutes of capital contributions by shareholders committed to contribute capital for establishment.

- Anticipated chairman and board of directors of the school.

3. Procedures for implementation:

a) Receiving dossiers for establishing, permitting establishment of junior colleges of education, colleges of education.

- Organizations, individuals directly send or send through postal service one set of the dossier prescribed in Clause 2 of this Article to the Ministry of Education and Training (for colleges of education), Department of Education and Training (for junior colleges of education).

- The Ministry of Education and Training or the Department of Education and Training shall examine the establishment dossier of schools.

Within five working days from the date of receipt of the dossier, the Ministry of Education and Training or the Department of Education and Training shall organize the examination if the dossier is valid, or issue a written response to the agency, organization, or individual proposing the establishment, granting permission for establishment, and stating the reasons if the dossier is invalid.

b) Decision on establishing, permitting the establishment of secondary teacher training schools, college teacher training schools:

Within ten working days from the date of receipt of the completed dossier requesting the establishment, permission for establishment of schools, the Minister of Education and Training shall decide on establishing public college teacher training schools or permit the establishment of private college teacher training schools. The Chairman of the People's Committee of the province shall decide on establishing public secondary teacher training schools or permit the establishment of private secondary teacher training schools. In case of disagreement, there must be a written notification stating the reasons.

The decision on establishing public secondary teacher training schools or permitting the establishment of private secondary teacher training schools must be sent to the Ministry of Education and Training. The decision on establishing public college teacher training schools or permitting the establishment of private college teacher training schools must be sent to the People's Committee of the province where the school is located.

31. Amend and supplement point b and point d, Clause 2, Article 81 as follows:

“b) A copy issued from the original book, a copy certified from the original, or a copy accompanied by the original for comparison with the decision on establishment or permission for establishment;

d) Explanation of conditions ensuring the quality of education:

- List of full-time teaching staff and management personnel;

- Land, infrastructure, equipment meeting the requirements of educational activities according to commitments; statistics on common educational facilities throughout the school, number and area of lecture halls, libraries, laboratories, types of machinery and equipment, textbooks, materials, books serving educational activities;

- Financial resources in accordance with regulations to ensure the maintenance and development of vocational education activities;

- Projected enrollment quotas and recruitment plans;

- Training programs and teaching materials, learning materials in accordance with regulations.”

32. Amend point a and point b, Clause 1, Article 82 as follows:

“a) Consistent with the planning of the network of teacher training schools;

b) Ensuring the rights and legitimate interests of students, teachers, managers, and staff;”

33. Amend and supplement Clause 3, Article 87 as follows:

“3. Having a minimum land area of 05 hectares for building the school at the main headquarters and achieving an average of at least 25 m²/student at the time when the school has a stable scale of training after 10 years of development.”

34. Amend point b, Clause 5, Article 88 as follows:

“b) A copy issued from the original book, a copy certified from the original, or a copy accompanied by the original for comparison with the investment certificate for the establishment of private universities issued by the People's Committee of the province;”

35. Amend and supplement Clause 2 and Clause 4, Article 89 as follows:

“2. Having land, infrastructure, equipment meeting the requirements of operation as prescribed. The location for building the university must ensure an educational environment and safety for students, teachers, managers, and staff as committed in the establishment project.

4. Having a teaching staff and management team suitable for the fields and trades of training, meeting the standards of moral character and educational qualifications, ensuring the implementation of educational goals and programs.”

36. Amend and supplement point d, Clause 2, Article 90 as follows:

“d) Explanation of conditions ensuring the quality of education:

- List of full-time teaching staff and management personnel;

- Statistics on common educational facilities throughout the school, number and area of lecture halls, libraries, laboratories, types of machinery and equipment, textbooks, materials, books serving educational activities;

- Projected enrollment quotas and recruitment plans.”

37. Amend and supplement Clause 1 and Clause 3, Article 91 as follows:

“1. Having a project for establishing a branch.

3. Having a minimum land area of 02 hectares for building the branch (in special cases, the Minister of Education and Training shall consider and decide), achieving an average of at least 25 m²/student at the time when the branch has a stable scale of training after 10 years of development.”

38. Amend and supplement the third bullet point of point a, Clause 3, Article 92 as follows:

“- Project for establishing a branch.

The content of the project for establishing a branch needs to clearly state: The necessity of establishing a branch; legal basis for developing the project; strategic direction for building and developing the branch in each phase; name, location, legal status, functions, and tasks of the branch; organizational structure, fields of training, and scale of training; number and structure of the teaching staff and management personnel; planning for building the branch; solutions to implement the project: Solutions for organizational structure and human resources, solutions for building infrastructure, financial solutions, steps to implement the project, and priority tasks and accompanying evidence regarding the conditions for establishing a branch.”

39. Amend and supplement point b and point d, Clause 1, Article 93 as follows:

“b) Having land, infrastructure, equipment meeting the requirements of operation as prescribed. The location for building the branch must ensure an educational environment and safety for students, teachers, managers, and staff as committed in the establishment project;

d) Having a full-time teaching staff and management team sufficient in number, consistent in structure, suitable for the fields of training, meeting the standards of moral character and educational qualifications, ensuring the implementation of educational goals and programs;”

40. Amend and supplement Article 98 as follows:

“Article 98. Procedures for establishing a public education quality assurance organization or permitting the establishment of a private education quality assurance organization

1. The Minister of Education and Training shall decide on establishing a public education quality assurance organization or permit the establishment of a private education quality assurance organization.

2. Documents include:

a) A proposal for establishing an education quality assurance organization;

b) A proposal for establishing an educational quality assurance organization. The content of the proposal must clearly state: The organization or individual proposing to establish or requesting permission to establish; the proposed name of the educational quality assurance organization in Vietnamese and English or another language if necessary; the proposed location of the headquarters; objectives, tasks; the target group and scope of quality assurance activities; the proposed number and structure of qualifications of quality assurance personnel; organizational staffing structure; material conditions and financial resources; development plans, implementation phases, and solutions for each stage.

c) Personal history with confirmation from the People's Committee of the commune for individuals proposing to establish or a copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison regarding the decision to establish for organizations proposing to establish; the proposed Director, Deputy Directors (if any), and members of the quality assurance council accompanied by personal history confirmed by the working agency or organization or the People's Committee of the commune; a copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison regarding the quality assurance certificate and credentials of the quality assurance personnel.

3. Procedures for implementation:

a) Organizations or individuals submit directly or through postal service one set of documents as stipulated in Clause 2 of this Article to the Ministry of Education and Training.

b) Within five working days from the date of receipt of the documents, if the documents are incomplete according to regulations, the Ministry of Education and Training will notify in writing for organizations or individuals to amend and supplement the documents. Within fifteen working days from the date of receiving complete and valid documents, the Ministry of Education and Training will review the documents and verify the authenticity of the documents in the file. If the conditions are met according to regulations, the Minister of Education and Training will decide to establish or permit the establishment of an educational quality assurance organization; if not, a notification will be issued specifying the reasons.

41. Amend and supplement Article 99 as follows:

“Article 99. Conditions for conducting educational quality assurance activities

1. Having a stable office; having sufficient workspace for quality assurance personnel with a minimum area of 08 square meters.²/person.

2. Having at least ten quality assurance personnel.

42. Amend and supplement Point d Clause 2 Article 100 as follows:

d) A copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison regarding the decision to establish or permit the establishment of an educational quality assurance organization; the appointment decision for the Director of the educational quality assurance organization; a list of quality assurance personnel accompanied by personal history, a copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison regarding the quality assurance certificate and credentials of the quality assurance personnel; the employment decision or full-time labor contract already signed between the educational quality assurance organization and the quality assurance personnel.

43. Amend and supplement Clause 2 Article 104 as follows:

“2. Documents include:

a) A document requesting to conduct educational quality assurance activities in Vietnam from foreign educational quality assurance organizations, clearly stating the expected duration of operation; the quality assurance process; the target group and scope of quality assurance activities.

b) A document proving the legal status of foreign educational quality assurance organizations issued by the competent authority of the home country or a legitimate international organization.

c) A summary document on the formation and development of foreign educational quality assurance organizations, including a list of assessment and recognition activities conducted by the foreign educational quality assurance organizations in the last five years; clearly stating the web addresses of related electronic information pages.

44. Amend Point b and Point c Clause 2 Article 108 as follows:

b) A copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison regarding the business registration certificate, establishment decision, or investment registration certificate.

c) A list of direct staff providing study abroad counseling services including the following main information: Name, date of birth, gender, professional qualification, foreign language proficiency, position to be held in the study abroad counseling service organization; a copy issued from the original book, a certified copy from the original, or a copy accompanied by the original for comparison regarding the university graduation diploma, foreign language certificate, and study abroad counseling training certificate.

Article 2. Repeal certain Articles, Clauses, and Points of Decree No. 46/2017/NĐ-CP as follows:

Repeal Point c and Point d Clause 2 Article 4; Clause 1 Article 7; Clause 1 Article 12; Point d and Point đ Clause 2 Article 16; Clause 1 and Point d Clause 3 Article 19; the second and third bullet points of Point d Clause 3 Article 20; the second bullet point of Point b Clause 3 Article 21; Point d and đ Clause 2 Article 26; Point c Clause 2 Article 28; Clause 1 and Point d Clause 3 Article 29; the second and third bullet points of Point d Clause 3 Article 30; the second bullet point of Point b Clause 3 Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; the second and third bullet points of Point d Clause 3 Article 40; Point c Clause 1 Article 41; Article 42; Point b Clause 1 Article 44; Point c Clause 1 Article 45; Article 46; Clause 1 Article 50; the second and third bullet points of Point d Clause 3 Article 51; Point b Clause 1 Article 52; Point c Clause 2 Article 61; the second and third bullet points of Point d Clause 3 Article 65; Clause 2 Article 78; Clause 2 Article 80; Point b and Point c Clause 5 Article 83; Clause 5 Article 91; Point a Clause 1 Article 93; Clause 1 Article 94; Article 97; Article 103; Point c Clause 1 Article 105; Clause 1 and Clause 2 Article 107.

Article 3. Implementation Provisions

1. This Decree takes effect from November 20, 2018.

2. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree./