Joint Circular No. 14/2005/TTLT/BGD-BKH guiding certain provisions of Government Decree No. 06/2000/NĐ-CP dated March 6, 2000 on foreign investment cooperation in the fields of healthcare, education, and scientific research.

JOINT CIRCULAR
GUIDANCE ON SOME PROVISIONS OF DECREE NO. 06/2000/NĐ-CP
March 6, 2000, of the Government on cooperation in investment with foreign countries in the field of medical examination and treatment, education and training, scientific research
investment with foreign countries in the field of medical examination and treatment,
education and training, scientific research

BASED ON THE FOREIGN INVESTMENT LAW dated November 12, 1996; THE AMENDMENT AND SUPPLEMENT TO CERTAIN PROVISIONS OF THE FOREIGN INVESTMENT LAW dated June 9, 2000. June 2000.

BASED ON THE EDUCATION LAW dated December 2, 1998;

After consultation with People's Committees of provinces and centrally governed cities and Management Boards of High-Tech Zones in provinces and centrally governed cities;

BASED ON DECREE NO. 06/2000/NĐ-CP dated March 6, 2000 of the Government on cooperation in investment with foreign countries in the fields of medical examination and treatment, education and training, scientific research; SCOPE OF REGULATION AND PARTICIPANTS IN COOPERATIVE INVESTMENTS:

PART I

GENERAL PROVISIONS

Article 1. This Circular guides the conditions and procedures for establishing and managing educational institutions with foreign capital under Decree No. 06/2000/NĐ-CP dated March 6, 2000 of the Government on cooperation in investment with foreign countries in the fields of medical examination and treatment, education and training, scientific research.

1Educational institutions with foreign capital operating in Vietnam for non-profit purposes and vocational training institutions with foreign capital are not within the scope of regulation of this Circular.

23. Foreign investors include:

a) Foreign educational institutions.

b) Foreign economic organizations and individuals.

c) Overseas Vietnamese.

4. Vietnamese investors include:

a) Educational institutions within the national education system.

b) Public service units with training functions.

c) Economic organizations including:

- Enterprises established according to the Enterprise Law;

- State-owned enterprises established according to the State-Owned Enterprise Law;

- Enterprises established according to the Law on Investment by Foreign Investors;

- Enterprises belonging to political organizations and social-political organizations;

- Cooperatives established according to the Cooperative Law.

FORMS OF INVESTMENT IN THE FIELD OF EDUCATION AND TRAINING.

Article 2. The subjects specified in Clause 3, Clause 4, Article 1 of this Circular may invest in the field of education and training in one of the following forms of investment:

1. Establishing an educational institution with 100% foreign capital (referred to as an educational institution with 100% foreign investment). This institution belongs to the ownership of the foreign investor who manages it and bears responsibility for the results of educational and training activities.

2. Establishing an educational institution with foreign capital through a joint venture agreement signed between two or more parties to invest in and carry out educational and training activities in Vietnam (referred to as a joint venture educational institution).

3. Educational cooperation based on a business cooperation contract signed between two or more parties to invest in and carry out educational and training activities in Vietnam, where responsibilities and distribution of business results are assigned to each party without forming a new legal entity.

(Hereinafter referred to collectively as an educational institution with foreign investment)

Foreign investors are permitted to establish educational institutions and engage in educational cooperation at the following levels of education and training:

Article 3. 1. Educational institutions with 100% foreign capital, joint venture educational institutions, and business cooperation contracts conduct educational and training activities at all levels of education and training (from preschool to higher education and postgraduate education, short-term training) for foreigners living and working in Vietnam.

2. Educational institutions with 100% foreign capital, joint venture educational institutions, and business cooperation contracts conduct vocational training activities and short-term training programs (teaching foreign languages and improving professional skills for foreigners and Vietnamese).

3. Educational institutions with 100% foreign capital, joint venture educational institutions, and business cooperation contracts conduct higher education and postgraduate education activities (priority given to areas listed in Appendix 1) for foreigners and Vietnamese.

4. Pilot establishment of educational institutions with foreign investment through joint ventures or business cooperation contracts in Hanoi and Ho Chi Minh City to conduct secondary general education activities for foreigners and Vietnamese.

NAMES OF EDUCATIONAL INSTITUTIONS WITH FOREIGN INVESTMENT

Article 4. 1. Educational institutions with foreign investment established in the form of Schools or Centers shall be named according to the following principles:

a) School (or Center) + Level of Education (training level) + Specific Name.

b) For Centers conducting short-term educational and training activities, they shall be named according to the following principle: Center for Education + Specific Name or Center for Education and Training + Specific Name.

In addition to the international trade name in English (or another foreign language), educational institutions with foreign investment must have a Vietnamese trade name.

2If the educational institution with foreign investment is established by a foreign educational institution and uses the name of the main institution in its home country, the name of the institution established in Vietnam must include the word "Vietnam" at the end of the name.

3If the educational institution with foreign investment is established by a foreign educational institution and uses the name of the main institution in its home country, then the name of the institution established in Vietnam must include the word "Vietnam" at the end of its name.

Chapter II

CONDITIONS AND PROCEDURES FOR ESTABLISHMENT AND REGISTRATION OF OPERATIONS

Article 5. Conditions for investors.

1. The investor must be a legal entity with legal personality or an individual and must have confirmation from the local authority (for legal entities, there must be a certificate of establishment or a business registration certificate and related legal documents; for individuals, all relevant documents must be legalized by the Consulate).

Foreign documents confirming the investor must be legalized at the Ministry of Foreign Affairs of Vietnam or diplomatic and consular missions of Vietnam abroad, except where international treaties to which Vietnam is a party provide otherwise.

2. There must be an investment project that aligns with Vietnam's approved education development strategy and planning of educational institutions' network, and the People's Committee of the province or centrally governed city where the institution is planned to be established must agree in writing. In cases where the project seeks to establish training programs at college and university levels not included in the network plan, the Ministry of Planning and Investment and the Ministry of Education and Training will study each case individually and submit it for consideration and decision by the Prime Minister. 3. The investor must have sufficient financial capability to implement the investment project (confirmed by responsible authorities and financial audit reports of the two most recent consecutive years from banks).

4. The investor must have initial conditions regarding management staff, teachers, and appropriate facilities to achieve educational and training objectives.

Conditions on capital investment and physical infrastructure.

Article 6. 1. For new projects establishing foreign-invested educational institutions such as kindergartens and general secondary schools in Vietnam, the minimum investment per student must be 1000 USD (excluding land usage costs). The number of students used for calculation is based on the scale of students at the final phase of the project's investment period. The capital investment plan must match the projected scale of each phase.

2. For new short-term training institution projects in Vietnam, the minimum investment per trainee must be 700 USD (excluding land usage costs). The number of trainees used for calculation is based on the full-time equivalent number of trainees at the final phase of the project's investment period.

3. For new foreign-invested vocational high school projects, the minimum investment per student must be 3500 USD (excluding land usage costs). The number of students used for calculation is based on the full-time equivalent number of students at the final phase of the project's investment period. The capital investment plan must match the projected scale of each phase.

4. For new foreign-invested college and university projects (including branches of foreign colleges and universities in Vietnam), the minimum investment per student must be 7000 USD (excluding land usage costs). The number of students used for calculation is based on the full-time equivalent number of students at the final phase of the project's investment period. The capital investment plan must match the projected scale of each phase.

5. For foreign-invested educational institutions that do not build new physical infrastructure but instead lease existing facilities or contribute capital through existing facilities provided by Vietnam, the minimum investment level must reach at least 60% of the levels specified in Clauses 1, 2, 3, and 4 of this Article. Leasing of facilities for operation shall not exceed five years for foreign-invested educational institutions offering college and university-level training (including branches of foreign educational institutions).

6. For joint venture projects, the minimum investment per student will be considered specifically according to the project constructed by the investors when a joint venture agreement is made between a foreign partner and a Vietnamese partner corresponding to the level of education the foreign-invested educational institution seeks permission to offer.

7. Foreign-invested educational institutions registering operations for more than twenty years in Vietnam must have a construction plan for the school and center facilities and obtain written approval from the provincial or centrally governed city People's Committee regarding land allocation or leasing for initial investment construction within a maximum of five years. These institutions must have a lease contract (or principle agreement) for stable facilities to commence training and teaching activities and ensure infrastructure investment according to the project schedule.

8. Foreign-invested educational institutions registering operations for less than twenty years and not building their own facilities must have a lease contract or principle agreement for classrooms, workshops, and other suitable areas for stable use over a minimum of five years.

9. Requirements for physical infrastructure for foreign-invested educational institutions at the secondary level:

a) Suitable classrooms with adequate lighting, desks, chairs, and teaching equipment.

b) Minimum area for learning and teaching at an average of 3 square meters per student based on the number of students present during class hours.

c) Suitable principal's office, teacher's room, and meeting room.

d) Language learning rooms, libraries, and laboratories (for middle and high schools). At a minimum, they must meet the Vietnamese standard TCVN 3978/1984.

e) Multi-purpose sports rooms and playgrounds for students.

f) Clean water supply and appropriate sanitation facilities for the scale of the institution. At a minimum, they must meet the Vietnamese standard TCVN 3907/1984.

g) Dining hall and restrooms if operating a full-day schedule.

10. Requirements for physical infrastructure for foreign-invested educational institutions providing short-term training:

a) Suitable classrooms with adequate lighting, desks, chairs, and equipment.

b) Minimum area for learning and teaching at an average of 2 square meters per trainee based on the number of trainees present during a session.

c) Principal's office, teacher's room, and library.

d) Computer rooms, language learning rooms, practical training rooms, and laboratories suitable for registered training fields.

e) Necessary equipment for management and teaching support services.

e) Have necessary equipment to serve management and teaching activities.

11. Requirements for physical facilities for foreign-invested educational institutions, including vocational schools, colleges, and universities, are as follows:

a) The student dormitories, practice areas, and scientific research facilities must ensure a minimum area of 7 square meters per student for study purposes, including:

- Lecture halls suitable to the scale of the institution.

- Laboratories and practical rooms equipped with sufficient devices according to the training requirements of each field.

- Libraries (traditional and electronic libraries)

- Language learning classrooms.

- Computer rooms with internet connectivity.

b) There must be sports facilities (stadiums or sports and exercise rooms for students).

c) Technical infrastructure must include: water pumping stations, transformer substations, repair workshops, warehouses, and parking lots for cars, motorcycles, and bicycles.

d) There must be offices for school leaders, teachers, and meeting rooms for other management departments within the institution.

Article 7. Curriculum and Teaching Content.

1. The teaching program of foreign-invested educational institutions must align with the approved investment project's objectives for the level of education, degree, and training level, without containing religious propaganda content and not contravening Vietnamese laws.

2. In cases where investors who are not foreign higher education institutions request to establish new foreign-invested educational institutions at the college and university levels in Vietnam, they must commit in writing during the first five years of operation to support from a foreign college or university that has been operating for at least 15 years regarding the provision of accredited training programs and lecturers until the institution can independently ensure the development of its own training programs, staff development, implementation of accreditation, and recognition by a domestic or foreign accreditation agency. The implementation of this support will be monitored by the Ministry of Education and Training and the Ministry of Planning and Investment.

3. Foreign-invested educational institutions at the secondary school level, in addition to using programs designed by the investor in the investment project, if they accept Vietnamese students, must also teach subjects such as Vietnamese literature and Vietnamese history currently used in the national education system of Vietnam.

4. Vietnamese citizens studying at foreign-invested educational institutions, including colleges and universities, in addition to completing their institution's training programs, must also complete and obtain certificates in courses on Marxist-Leninist Philosophy, Political Economy of Marxism-Leninism, Scientific Socialism, History of the Communist Party of Vietnam, and Thought of Ho Chi Minh. Vietnamese citizens studying at foreign-invested educational institutions at vocational high schools must take and obtain a certificate in Politics course. These programs are currently being taught in the national education system of Vietnam. Foreign-invested educational institutions are responsible for contacting corresponding training institutions in the national education system of Vietnam to implement these training programs.

Article 8. Management Staff and Teachers.

1. The Director or Principal of foreign-invested educational institutions is the highest leader in educational management and is legally responsible for the educational activities managed by themselves. The person nominated for Director or Principal must have at least five years of experience managing similar educational institutions.

2. For foreign-invested educational institutions in general education, teachers must meet the qualifications stipulated in Article 67 of the Education Law. The minimum number of teachers must ensure a ratio of 1.15 teachers/class in primary school; 1.85 teachers/class in lower secondary school and 2.1 teachers/class in upper secondary school.

3. For vocational high schools and short-term education-training centers:

a) The maximum ratio of students to teachers is 45 students/teacher.

b) At least 30% of the teachers must be foreign nationals.

c) Teachers must have appropriate professional qualifications and at least three years of teaching experience.

4. For foreign-invested educational institutions offering college and university-level training:

a) The student-to-faculty ratio must be maintained at 30 students/faculty member for management, economics, natural sciences, foreign languages, and 15 students/faculty member for technology and engineering fields.

b) The number of foreign faculty members must ensure at least 55% of the total faculty in the first five years and at least 30% thereafter.

c) For colleges: the ratio of faculty members holding master's degrees must be at least 40%, and the ratio of faculty members holding doctoral degrees must be at least 25% of the total faculty.

d) For universities: the ratio of faculty members holding master's degrees must be at least 50%, and the ratio of faculty members holding doctoral degrees must be at least 25% of the total faculty.

e) Faculty members must have at least three years of experience teaching at the university or college level.

5. Investment projects of foreign-invested educational institutions must have plans to build faculty teams for each stage of development.

Article 9. Language Used in Teaching.

1. Foreign-invested educational institutions are encouraged to use languages such as English, French, Russian, Chinese, German, and Japanese in the teaching process. Other foreign languages will be considered on a case-by-case basis.

2. Foreign-invested educational institutions are not permitted to teach through interpreters (except for short-term training courses).

Article 10. Diplomas and Certificates.

Graduation diplomas and completion certificates of foreign-invested educational institutions are regulated as follows:

1. Diplomas and certificates issued by foreign-invested educational institutions after officially registering with the Ministry of Education and Training of Vietnam shall be legally valid throughout the territory of Vietnam.

2. The language used on diplomas and certificates of foreign-invested educational institutions is Vietnamese, English, and another foreign language.

3. If foreign-invested educational institutions wish to use certificates issued by the Ministry of Education and Training of Vietnam, they must comply with relevant provisions of Vietnamese law.

4. Foreign-invested educational institutions operating in general education shall be responsible for reporting the list of graduating students for each academic year (including the list of students who have passed the graduation examination after re-examination if applicable) to the competent state management authority overseeing education and training for approval (the list of elementary school graduates shall be submitted to the Department of Education and Training; the list of junior high school and high school graduates shall be submitted to the Provincial Department of Education and Training and the Ministry of Education and Training). After approval by the educational authorities, the foreign-invested educational institution shall issue graduation certificates at each level and grade accordingly. The certificate shall bear the signature of the Principal and the seal of the institution.

5. Short-term training programs conducted by foreign-invested educational institutions shall issue completion certificates to trainees. The certificate shall bear the signatures of the Director and Principal and the seal of the institution.

6. Foreign-invested educational institutions conducting vocational secondary education shall issue graduation certificates to learners. The graduation certificate shall bear the signature of the Principal and Director and the seal of the institution.

7. Foreign-invested educational institutions conducting college and university education not funded by foreign colleges and universities in Vietnam, within the first five years of operation, if not recognized by a foreign accreditation agency, when issuing diplomas to graduates, must issue diplomas from a foreign university committed to support as stipulated in Clause 2, Article 7 of this Circular or issue diplomas bearing the seal of the committed supporting university and the seal of the foreign-invested educational institution in Vietnam.

8. Foreign-invested educational institutions funded by foreign colleges and universities shall issue graduation diplomas to learners as diplomas from the main institution in their home country. If issuing diplomas from the institution located in Vietnam, they must undergo accreditation and quality recognition by a Vietnamese or foreign accreditation agency simultaneously and must be approved by the Ministry of Education and Training.

9. Foreign-invested educational institutions operating under a joint business cooperation contract between a foreign partner and a Vietnamese partner may issue diplomas or completion certificates to learners bearing the seals of both joint venture partners if both partners are educational institutions with corresponding educational functions, or the seal of the foreign partner (if the foreign partner is an educational institution), or the seal of the Vietnamese partner (if the Vietnamese partner is an educational institution).

Article 11. Investment License Approval Application Documents

The investment license approval application documents for foreign-invested educational institutions shall be carried out according to the provisions of Clause 1, Article 107 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government and Clause 2, Article 6 of Circular No. 12/2000/TT-BKH dated May 19, 2000 of the Ministry of Planning and Investment. In addition, the following documents must also be provided:

- Sample certificates and diplomas to be issued to learners.

- List of equipment for teaching and learning activities.

- Programs, textbooks, and course materials to be used.

- List of staff members, teachers, lecturers (permanent and visiting).

- Lease contracts, confirmation letters of land allocation (or lease) from the competent authority of Vietnam.

- Lease contracts, confirmation letters of land allocation (or lease) from the competent authority of Vietnam.

- Site layout plan of the institution.

Article 12. Investment License Approval Process

The investment license approval process shall be carried out according to the provisions of Article 109, Article 114, and Article 115 of Decree No. 24/2000/NĐ-CP dated July 31, 2000 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government amending and supplementing certain provisions of Decree No. 24/2000/NĐ-CP.

Article 13. Announcement of Establishment of Foreign-Invested Educational Institutions

Within ninety days from the date of issuance of the investment license, foreign-invested educational institutions must publish announcements in five consecutive daily newspapers containing the following information:

1) Name of the educational institution (in Vietnamese and English), form of investment, level of education offered.

2) Investment license number, date of issuance.

3) Names of the director and principal.

4) Address of the institution, related contact information (telephone, fax, email, website).

5) Name of the bank and account number for transactions.

Article 14. Registration for Operation, Inspection, and Permission to Operate

1. After obtaining the investment license, foreign-invested educational institutions must complete the following tasks:

a) Establish organizational structure and staffing (appointing principals, directors, hiring teachers, lecturers, and staff).

b) Construct physical facilities and install equipment according to the project's investment plan.

c) Develop and finalize the operational regulations of the institution.

d) Prepare enrollment plans for the first academic year or training program.

e) Complete administrative management procedures (opening accounts, engraving seals, registering accounting, tax registration number, etc.).

2. Within nine months from the date of issuance of the investment license, investors must proceed with the registration for operation according to the prescribed procedures:

a) General education institutions, vocational secondary schools, and short-term training institutions shall register for operation with the Provincial Department of Education and Training where the institution is located.

b) Higher education institutions and postgraduate training institutions shall register for operation with the Ministry of Education and Training.

3. Supporting documents for the operation registration application (Annex 2)

a) List of Board of Directors, directors (principals), heads of departments, and chief accountants.

b) List of staff members, teachers, lecturers (permanent and visiting), qualifications of teachers and lecturers.

c) Level of education, degree to be offered.

d) Fields of study.

e) Scale (students, trainees).

g) Admission criteria.

h) Regulations and time frame for admission.

i) Regulations on tuition fees and related charges.

k) Sample diplomas and certificates to be used.

l) Report on current physical facilities.

m) Registering the teaching program of the institution with the competent state management agency for education and training, specifically: - Foreign-invested educational institutions that are general secondary schools, vocational high schools, and short-term training institutions shall register their teaching programs with the Department of Education and Training at the location where the institution is based.

Foreign-invested educational institutions that offer college, university, and postgraduate programs shall register their training programs with the Ministry of Education and Training of Vietnam.

4. Within fifteen working days from the date of receipt of a valid application for operation from foreign-invested educational institutions, the competent state management agencies for education and training must conduct inspections, prepare inspection reports according to the model (Annex 3, 3b), and within fifteen working days from the date of the inspection report, issue a document confirming whether the foreign-invested educational institution meets the conditions for operation or not.

- Once the competent state management agency for education and training issues a document confirming that the foreign-invested educational institution meets the conditions for operation, the institution will be permitted to operate according to its plan.

- After twenty working days from the date of the inspection report, if the competent state management agency for education and training does not issue a document confirming the conditions for operation as prescribed, the foreign-invested educational institution will automatically be allowed to operate according to its plan.

5. In cases where inspections reveal that a foreign-invested educational institution does not meet the conditions for operation, the competent state management agencies for education and training must clearly indicate the missing elements that need to be supplemented in the inspection report and require the foreign-invested educational institution to supplement the necessary conditions within a specific timeframe. Within fifteen working days from the date when the foreign-invested educational institution completes the supplementation required by the competent state management agency for education and training and submits a written report, the competent state management agency for education and training must organize another inspection.

Chapter III

ADDING ACTIVITIES, TRAINING FIELDS, EXPANDING SCALE, ENROLLMENT OBJECTIVES, ESTABLISHING BRANCHES, AMENDING CONTENT AND PROGRAMS

Article 15. Adding activities, training fields, expanding enrollment scale, establishing branches. If a foreign-invested educational institution wishes to add business activities, training fields, expand scale, or establish branches outside the locality specified in the investment permit, it must develop a specific proposal to submit to the Ministry of Planning and Investment for review and decision-making by relevant authorities. The application for establishing a branch outside the main office must include a written agreement from the People's Committee of the province or centrally-administered city where the branch is planned to be established.

Article 16. Amending Content and Teaching Programs

1. If a foreign-invested educational institution wishes to amend the content or teaching programs, it must submit a request to the competent state management agency for education and training for approval.

2. Within fifteen working days from the date of receipt of a valid application from a foreign-invested educational institution, the competent state management agency for education and training must issue a document regarding the result of reviewing the investor's proposal.

Chapter IV

LIQUIDATION, SEPARATION, AND MERGER OF FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Article 17. Liquidation and cessation of operations of foreign-invested educational institutions. In investment projects and cooperation contracts on education, investors must develop plans to address situations where the institution is liquidated or ceases operations due to force majeure or is suspended due to violations of Vietnamese laws. These plans must include measures to resolve financial and asset issues as well as provisions addressing the rights of students of the institution.

Article 18. Separation, merger, consolidation, and conversion of forms of investment of foreign-invested educational institutions. The separation, merger, consolidation, and conversion of forms of investment of foreign-invested educational institutions shall be carried out in accordance with Articles 31, 32, 33, 35, 36, 36, 37, 38, 39, 40, 41, 42, 43, and 44 of Decree No. 24/2000/NĐ-CP dated July 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam.

Chapter V

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 19. State Management Agencies for Foreign-Invested Educational Institutions

The Ministry of Education and Training shall perform the function of state management over the educational activities of foreign-invested educational institutions throughout the country. Provincial People's Committees and centrally-administered municipal People's Committees shall be responsible for state management over foreign-invested educational institutions located in their respective localities as prescribed by the Government.

Article 20. Reporting, Inspection, and Handling Violations

1. During the course of operation, foreign-invested educational institutions must implement regular reporting systems at the beginning, middle, and end of each academic year to the competent state management agency for education and training.

2. Based on the approved application for establishment of a foreign-invested educational institution, the competent state management agencies for education and training shall be responsible for inspecting the implementation of the project by the investor.

3. The Ministry of Education and Training and the Departments of Education and Training shall carry out functions of inspection and supervision over teaching activities (programs, contents, diplomas), teaching and learning conditions to ensure the quality of education and training provided by foreign-invested educational institutions within their jurisdiction.

4. For foreign-invested educational institutions that fail to comply with the reporting system as prescribed, depending on the severity of the violation, the competent state management agency for education and training or the Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to:

a) Require the foreign-invested educational institution to provide detailed explanations regarding the failure to implement the contents stipulated in the reporting system.

b) Handle educational establishments with foreign investment that violate reporting regimes within their authority and notify relevant agencies to coordinate in handling or report to higher authorities for issues exceeding their jurisdiction.

5. Educational establishments with foreign investment will be temporarily suspended from operating if they violate the law or fail to meet the conditions stipulated in Articles 5, 6, 7, 8, and 9 of Chapter II of this Circular. In cases of temporary suspension, the following applies:

a) The State management agency directly responsible for education and training shall issue a decision to temporarily suspend operations according to the levels:

- Temporarily suspending for a period the teaching activities of part or all of the educational establishment with foreign investment.

- Temporarily suspending for a period the enrollment activities of part or all of the educational establishment with foreign investment.

b) When issuing a decision to temporarily suspend the operation of a part or all of the educational establishment with foreign investment, the State management agency directly responsible for education and training must require the establishment to take measures to address specific issues and specify the duration of the temporary suspension.

c) After the suspension period set forth in the temporary suspension decision issued by the State management agency directly responsible for education and training for the educational establishment with foreign investment, if the educational establishment with foreign investment has remedied the issues as required by the State management agency directly responsible for education and training, it must submit a report for verification and issuance of a decision to resume operations.

d) The decision to temporarily suspend operations and the decision to allow resumption of operations must be coordinated with the investment licensing agency and notified to the Ministry of Planning and Investment, relevant ministries and sectors, People's Committees of provinces and centrally governed cities (where the educational establishment with foreign investment is located), and investors.

6. The Ministry of Education and Training, based on the level of violation by the educational establishment with foreign investment, shall recommend to the investment licensing agency and the Ministry of Planning and Investment to issue a decision to revoke the investment license of the educational establishment with foreign investment.

7. The Ministry of Planning and Investment shall issue a decision to revoke the investment license of the educational establishment with foreign investment in cases where the establishment seriously violates Vietnamese law.

Chapter VI

IMPLEMENTATION

Article 21. This Circular shall take effect fifteen days after its publication in the Official Gazette.

Article 22. During the implementation of this Circular, any difficulties encountered by ministries, sectors, localities, organizations, and individuals concerned must be promptly reported to the Ministry of Planning and Investment and the Ministry of Education and Training for study and resolution.