Circular No. 15/2003/TT-BGDĐT guiding the implementation of certain provisions of Decree No. 18/2001/NĐ-CP dated May 4, 2001 of the Government on the establishment and operation of foreign cultural and educational institutions in Vietnam.

CIRCULAR

(Issued together with Decision No. 24/2005/QĐ-BGD&ĐT

Guidelines for Implementing Certain Provisions of Decree No. 18/2001/NĐ-CP dated May 4, 2001 of the Government on the Establishment and Operation of Foreign Cultural and Educational Institutions in Vietnam

Pursuant to Article 28 and Article 37 of Decree No. 18/2001/NĐ-CP of the Government dated May 4, 2001 on the establishment and operation of foreign cultural and educational institutions in Vietnam (hereinafter referred to as Decree No. 18), the Ministry of Education and Training provides detailed guidelines on certain points regarding procedures, sample application forms for establishing and operating, issuing, extending, amending, supplementing, and revoking permits for representative offices, affiliated institutions, and independent educational establishments engaged in education and training activities to participate in the development of education in Vietnam as follows:

A. GENERAL PROVISIONS

I. Scope of Regulation

1. This Circular stipulates the establishment and operation of foreign educational institutions in Vietnam for the development of preschool, primary, secondary, vocational, university, and postgraduate education without profit-making purposes.

2. The revenue from the activities of foreign educational institutions, after deducting all legitimate expenses, shall be used solely for investing in the development of the educational cause, constructing infrastructure projects, and funding common activities beneficial to foreign educational institutions in Vietnam.

3. Foreign educational institutions established with profit-making purposes fall outside the scope of regulation under Decree No. 18 and shall be governed by the provisions of the Law on Foreign Investment in Vietnam.

II. Name of Foreign Educational Institution

Foreign educational institutions in Vietnam refer collectively to organizations and educational facilities (such as representative offices, international schools, universities, cultural and artistic schools) permitted by the Vietnamese State for overseas Vietnamese, foreigners, and foreign legal entities (collectively referred to as the Foreign Party) to establish or participate in establishing and organizing educational activities in Vietnam.

III. Fields Encouraged by the Vietnamese Government for Establishing Foreign Educational Institutions Male encourage the establishment of foreign educational institutions

Technical training; high-level scientific and managerial personnel in economic, technological, engineering, natural science, and environmental fields; specialized personnel in cultural, artistic, musical, and information fields.

IV. Forms of Establishment of Foreign Educational Institutions

1. A representative office is a unit of a foreign educational organization responsible for representing that organization in promoting construction projects and cooperation programs in the field of education that are of interest to Vietnam; supervising and monitoring the implementation of agreements on educational cooperation signed with Vietnamese educational organizations.

2. An affiliated institution is a foreign educational institution established based on international treaties to which the Socialist Republic of Vietnam is a signatory, or based on contracts agreed upon between the Foreign Party and Vietnamese educational organizations.

3. An independent institution is a foreign educational institution where the Foreign Party bears the full cost of building physical and technical infrastructure, organizing, and managing the institution's activities.

V. Legalization of Documents of Foreign Educational Institutions

Documents and materials (included in the application file) issued by competent authorities abroad must be legalized at the Ministry of Foreign Affairs of Vietnam or diplomatic and consular missions of Vietnam abroad before submission to the Ministry of Education and Training, except where international treaties to which Vietnam is a party provide otherwise (as per Article 26 of the Consular Ordinance dated November 13, 1990).

B. REGULATIONS ON PROCEDURES AND APPLICATION DOCUMENTS FOR PERMITS

I. Application Documents for Establishing (Setting Up) Representative Offices of Foreign Educational Organizations in Vietnam Male

The application documents for obtaining a permit to establish (set up) a representative office in Vietnam by a foreign educational organization must ensure compliance with the conditions set forth in Clause 1 of Article 5 of Decree 18.

The documents include:

1. An application form for setting up a representative office, containing the contents according to Model Form 1/VPDD (attached);

2. Bylaws or operational regulations of the foreign educational organization applying to set up a representative office in Vietnam;

3. A certificate of legal status (for foreign educational organizations), proof of financial sources and capacity of the foreign educational organization applying to set up a representative office, certified by the competent authority where the foreign educational organization has its headquarters within thirty days prior to submission to the Ministry of Education and Training;

4. A brief resume of the person intended to be appointed as Director of the representative office, certified by the competent authority;

5. A summary of the formation and development of cooperation between the foreign educational organization applying to set up a representative office and Vietnamese educational organizations;

6. A summary of cooperation programs and projects already agreed upon or planned to be signed between the foreign educational organization applying to set up a representative office and Vietnamese educational organizations;

If there are related documents below, they should be submitted together with the application for reference:

7. An introduction letter of the foreign educational organization, certified by a political or social organization in the location where the foreign educational organization has its headquarters;

8. An activity plan detailing the following contents: necessity and reasons for setting up a representative office; organizational model, staff, facilities, financial sources;

9. A list (cross-section) of Vietnamese and foreign individuals intended to be recruited to work at the representative office;

10. Relevant documents concerning the proposed location for setting up the representative office.

II. Application Documents for Establishing Affiliated Institutions Between Foreign Parties and Vietnamese Parties Male in the Field of Education and Training

The application documents for obtaining a permit to establish an affiliated institution by the foreign party and the Vietnamese party must ensure compliance with the conditions set forth in Clauses 1 and 2 of Article 6 of Decree 18. Additionally, affiliated institutions in higher education and postgraduate education must also meet the conditions specified in Appendix No. 1/ĐKTC (attached).

The documents include:

1. An application form for establishing an affiliated institution, containing the contents according to Model Form 2/CSLK (attached);

2. An agreement between the parties involved in the affiliation, containing the main contents according to Model Form 3/HĐLK (attached);

3. A confirmation document of the legal status of the parties involved, their financial sources and financial capacity in the field of education, issued by the competent authority within no more than thirty days prior to submission to the Ministry of Education and Training;

4. A project of activities clearly stating: necessity, reasons for collaboration, objectives, content of training programs; organizational model; anticipated teaching staff, infrastructure (including equipment for teaching and learning); financial sources, target students, and diplomas and certificates to be awarded; quality assurance mechanisms of the collaborating parties;

5. Statutes or regulations on organization and operation of the joint entity with the following main contents:

a) Tasks and powers of the entity.

b) Organization and management.

c) Teaching, scientific research, and technological activities.

d) Tasks and rights of teachers.

e) Tasks and rights of learners.

f) Assets and finances.

6. Summary of the formation and development of cooperation between the two collaborating parties;

7. List of Vietnamese and foreign individuals expected to be selected for work at the joint entity;

8. Curriculum vitae of the person expected to be appointed as Director (or Principal) of the educational joint entity, confirmed by the competent authority;

III. Documents for applying for permission to establish an independent foreign educational institution in Vietnam Male

The application for a permit to establish an independent foreign educational institution in Vietnam, made by the foreign party based on ensuring all conditions stipulated in Clause 1, Article 7 of Decree 18.

The documents include:

1. An application for a permit to establish an independent educational institution in the Socialist Republic of Vietnam, including the main contents according to Model No. 4/CSDL (attached);

2. An operational project including the following contents: purpose and objectives of activities, organizational structure, training program content, plans for building teaching staff, plans for building infrastructure (including equipment for teaching and learning), scale in the first year and subsequent years, student recruitment sources, training process, tuition fee income and expenditure, diplomas and certificates to be awarded, and quality assurance mechanisms of the foreign educational institution. Detailed implementation plan of the operational project.

3. A confirmation document of the legal status, financial sources, and financial capacity issued by the competent authority of the foreign party within no more than thirty days prior to submission to the Ministry of Education and Training;

4. Statutes or regulations on organization and operation of the independent foreign entity with the following main contents:

a) Tasks and powers of the entity.

b) Organization and management.

c) Teaching, scientific research, and technological activities

d) Tasks and rights of teachers.

e) Tasks and rights of learners.

f) Assets and finances.

5. Summary of the formation and development of the educational organization applying to establish an independent educational institution in the Socialist Republic of Vietnam.

6. Curriculum vitae of the person expected to be appointed as Director (or Principal) of the independent entity, confirmed by the competent authority;

7. Documents related to the location (building, land) where the foreign educational institution is planned to be placed (or constructed) in Vietnam.

If there are related documents below, they should be submitted together with the application for reference:

8. A letter of introduction from the foreign party by a political or social organization of the country where the foreign party holds citizenship;

9. List of Vietnamese and foreign individuals expected to be selected for work at the institution.

IV. Procedures and formalities for applying for a permit

1. Individuals and foreign educational organizations wishing to establish representative offices, joint entities, or independent entities operating in the field of education must prepare eight (8) sets of documents as prescribed in Sections I, II, and III of this Circular and submit them to the Ministry of Education and Training (Department of International Relations). The receiving agency must maintain a record and issue a receipt to the applicant upon receipt of the documents.

2. The Ministry of Education and Training shall take the lead in organizing the review and soliciting opinions from relevant ministries, sectors, and provincial People's Committees where the foreign educational institutions are located before making a decision within its authority or submitting it for approval by the Prime Minister.

3. Basic requirements for review:

The review of applications for establishing foreign educational institutions in Vietnam shall be conducted based on ensuring the following basic requirements:

a) The establishment of joint entities and independent entities is in line with the requirements for educational development at the local and national levels, and does not contravene the policies and laws of Vietnam.

b) Educational programs at each level of education and training meet the requirements regarding content and methods as prescribed by the Education Law.

c) The operational project is feasible, particularly concerning the plans for building infrastructure and teaching staff.

4. The time limit for reviewing applications is as follows:

a) For independent educational institutions and higher education institutions (as stipulated in Clause 1, Article 9 of Decree 18), from the date of receipt of complete and valid documents, the receiving and reviewing agency must complete the review within ninety days and submit it to the Prime Minister. Within seven days from the date of the Prime Minister's decision to grant or deny the permit, the Ministry of Education and Training must notify the result in writing to the applicant.

b) For educational and training institutions as stipulated in Clause 2, Article 9 of Decree 18, from the date of receipt of complete and valid documents, within thirty days for representative offices and sixty days for joint training institutions at the pre-school, primary, secondary, and college levels, the Minister of Education and Training shall consider and decide, and notify the result in writing to the applicant.

c) In case the file does not comply with the provisions of Sections I, II, III of this Circular, it has deficiencies such as incomplete declaration, inconsistency between documents in the file, the name of the foreign educational institution being identical or causing confusion with the name of another foreign educational institution of the same type registered in the same province or centrally governed city, and the conditions and file of the foreign educational institution not conforming to the provisions of Articles 5, 6, and 7 of Decree 18, then within a maximum period of twenty days from the date of receipt of the file, the Ministry of Education and Training shall notify the party of the contents that need to be supplemented to complete the file.

V. Registration for Operation

1. According to Article 12 of Decree 18, within ninety days from the date of issuance of the permit, the foreign educational institution must complete the registration procedures for operation with the People's Committee of the province or centrally governed city where the foreign educational institution is headquartered according to Model No. 5/ĐKHĐ (annexed).

2. Within thirty days from the date of completing the registration procedures for operation with the People's Committee of the province or centrally governed city where the foreign educational institution is headquartered, the foreign educational institution must publish information in the central and local newspapers for five consecutive issues containing the following contents:

a) Name of the foreign educational institution: Representative office; affiliated institution or independent institution in Vietnamese and commonly used foreign languages;

b) Establishment permit (number, date, and issuing authority);

c) Full name of the Director;

d) Headquarter location, telephone, FAX, logo, and website (if any), E-mail;

đ) Bank account number at the transaction bank.

3. If the foreign educational institution fails to complete the registration procedures within the above time limit, penalties will be imposed according to the provisions of Chapter V of Decree 18 or handled according to current Vietnamese laws.

4. After completing the registration procedures for operation with the People's Committee of the province or centrally governed city where the foreign educational institution is headquartered, the implementation of its activities is regulated as follows:

a) The representative office may immediately carry out activities according to the objectives, contents, scope, and duration specified in the permit.

b) The affiliated institution or independent institution is responsible for building a management staff, teaching staff, and infrastructure according to the plan registered in the activity program of the institution. Only when the institution meets the minimum requirements for staff and infrastructure will the Ministry of Education and Training issue a decision allowing the first enrollment. At that point, the institution can announce enrollment according to the objectives, contents, and scope of activities specified in the permit.

c) Within twelve months from the date of completing the registration procedures for operation with the People's Committee of the province or centrally governed city where the foreign educational institution is headquartered, if the foreign educational institution does not organize and operate according to the approved project and plan, the Ministry of Education and Training shall have the responsibility to submit to the Prime Minister for revocation of the permit or revoke the permit within its authority.

VI. Registration for Change of Name, Headquarters, Director, Establishment of Branches, Supplement of Functions, Tasks, Scope of Activities, or Extension of Permit

1. When there is a request to change the name, headquarters, director, establish branches, supplement functions, tasks, scope of activities, or extend the permit (hereinafter referred to collectively as supplementary changes), the foreign educational institution must report to the Ministry of Education and Training and only be allowed to make changes, supplements, or extensions upon receiving approval from the Prime Minister for matters stipulated in Clause 1 of Article 9 of Decree 18 or from the Minister of Education and Training for types not covered by Clause 1 of Article 9 of Decree 18.

2. The file for registering supplementary changes includes:

a) Application for change and supplementation with the following main contents:

- Full name and address of the foreign educational institution

- Establishment permit (number, date, and issuing authority)

- Registration for operation certificate (number, date, and issuing authority);

- Objectives, contents, scope, and duration of activities specified in the permit;

- Reasons for change and supplementation;

- Contents of change and supplementation.

b) Supporting documents to ensure the feasibility of the changes and supplements. Specifically, as follows:

- File on the proposed new headquarters location if changing headquarters;

- Curriculum vitae of the proposed new director if changing director;

- Supplementary activity program if establishing branches, supplementing functions, tasks, scope of activities, or extending the permit.

3. Upon receiving the supplementary change registration file from the foreign educational institution, the Ministry of Education and Training (International Relations Department) must maintain a record and provide a receipt to the foreign educational institution upon receipt of the file.

4. Within thirty days from the date of receipt of the approval document from the competent authority in Vietnam, the foreign educational institution must publish in the central and local newspapers for five consecutive issues regarding the permitted changes.

VII. Reporting on Activities, Inspection, and Audit

1. The foreign educational institution is responsible for strictly implementing the reporting system as prescribed in Article 27 of Decree 18. The International Relations Department, the Department of Education and Training of the province or centrally governed city where the foreign educational institution is headquartered, is responsible for monitoring and urging the implementation of the reporting system; receiving annual activity reports; compiling and submitting them to the leadership of the Ministry of Education and Training and the leadership of the People's Committee of the province or centrally governed city where the foreign educational institution is headquartered, to plan inspections, audits, and evaluations of the organization and activities of the foreign educational institution.

Annual financial reports of the foreign educational institution (in cases where revenue-generating activities are conducted) are sent to the Ministry of Finance and the Ministry of Education and Training (Financial Planning Department).

2. The foreign educational institution is responsible for regularly organizing self-inspections of its activities according to the provisions of Decree 18, establishment permits, and the Charter or Regulations on organization and operation of the foreign educational institution.

3. The Departments for Academic Levels and the Department for Planning and Finance shall coordinate with the Provincial Departments of Education and Training and the Provincial Departments of Finance and Prices at the provincial level where the headquarters of foreign educational institutions are located to periodically inspect their professional activities and financial operations (in cases where there are revenues); evaluate their performance results; report to the Ministry of Education and Training, the People's Committees of provinces and centrally governed cities, and the Ministry of Finance; and publicly announce the inspection and evaluation results.

4. The Inspectorate of the Ministry of Education and Training and the Inspectorates of the Provincial Departments of Education and Training shall be responsible for conducting inspections of foreign educational institutions in accordance with the provisions of Decree No. 101/2002/NĐ-CP dated December 10, 2002 of the Government on the organization and operation of Educational Inspectors.

VIII. On the Termination of Operations of Foreign Educational Institutions

1. Thirty days prior to the termination of operations due to the expiration of the period specified in the permit or upon the request of the foreign educational institution or pursuant to a Decision revoking the Permit, the Ministry of Education and Training (Department for International Relations) shall be responsible for notifying the foreign educational institution and the People's Committee of the province or centrally governed city concerned.

2. Within ninety days from the date of notification of the termination of operations, the foreign educational institution must complete all related procedures including announcing the cessation of operations in central and local newspapers, settling debts, taxes, salaries, rent, liquidating assets, terminating contracts, returning the Permit, seals, and submitting a written report to the issuing authority and relevant state agencies.

In special circumstances, with the approval of the issuing authority, this period may be extended, but not exceeding one year.

IX. Implementation Provisions

1. This Circular shall take effect fifteen days after its publication in the Official Gazette, and all previous regulations that conflict with this Circular shall be abolished.

2. For foreign educational institutions operating without profit-making objectives that were established before the issuance of Decree 18 and have been permitted by the Government of Vietnam, the Department for International Relations shall be responsible for leading and coordinating with the Inspectorate of the Ministry of Education and Training to review the conditions for operation and establishment files; require foreign educational institutions to meet the conditions and complete the files in accordance with this Circular; report to the Minister of Education and Training to assign tasks to the relevant Departments for Academic Levels and the Department for Planning and Finance to coordinate with the Provincial Departments of Education and Training and the Provincial Departments of Finance and Prices where the foreign educational institutions are headquartered to monitor and urge them to comply with reporting and inspection requirements as stipulated in Section VII, Part B of this Circular.

3. Organizations and individuals of foreign educational institutions who violate Vietnamese laws, Decree 18, and this Circular shall be subject to current Vietnamese laws and the provisions set forth in Chapter V of Decree 18.

It is requested that relevant units promptly reflect any difficulties encountered during implementation to the Ministry of Education and Training for research, revision, and supplementation if deemed necessary.