Circular No. 34/2014/TT-BGDĐT guiding the implementation of certain provisions of Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on cooperation and foreign investment in the field of education.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 73/2012/NĐ-CP

dated September 26, 2012 of the Government on cooperation and foreign investment in the field of education

 and foreign investment in the field of education

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

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 Education Law; 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 Education Law;

Pursuant to Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on cooperation and foreign investment in the field of education;

At the proposal of the Director of the International Cooperation Department,

The Minister of Education and Training issues this Circular guiding the implementation of certain provisions of Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on cooperation and foreign investment in the field of education as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular guides the implementation of certain provisions of Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on cooperation and foreign investment in the field of education (hereinafter referred to as Decree No. 73/2012/NĐ-CP), including: quality assurance of educational programs under joint training and educational institutions with foreign investment; compulsory educational programs and subjects for Vietnamese citizens studying at educational institutions with foreign investment; permitted fields and majors for cooperation and investment; calculation of full-time equivalent student numbers and minimum capital investment for short-term training and continuing education institutions; and implementation of transitional clauses.

2. This Circular does not regulate activities of foreign cooperation and investment in vocational training under the management of the Ministry of Labor, Invalids and Social Affairs.

3. This Circular applies to organizations and individuals related to foreign cooperation and investment activities in the field of education and training in Vietnam.

Article 2. Quality Assurance in Education

1. Vietnamese educational institutions, foreign educational institutions implementing joint training with Vietnamese educational institutions and educational institutions with foreign investment in Vietnam shall comply with current regulations on standards, procedures, and cycles of quality assurance for higher education institutions, colleges, specialized secondary schools, general education schools, regular education schools, and preschool education institutions issued by the Minister of Education and Training of Vietnam; or comply with the regulations of international quality assurance organizations recognized by Vietnam.

2. The Examination and Quality Assurance Agency of the Ministry of Education and Training shall publish and update annually a list of international quality assurance organizations recognized by Vietnam on the Ministry's website.

Article 3. Admission of Vietnamese Students at Schools with Multiple Levels

1. Schools with multiple levels and foreign investment as stipulated in Clause 3, Article 21 of Decree No. 73/2012/NĐ-CP are those schools comprising two or more levels among the following: preschool education (if applicable), primary education, lower secondary education, and upper secondary education.

2. Schools with multiple levels and foreign investment are permitted to admit Vietnamese students according to the provisions of Article 24 of Decree No. 73/2012/NĐ-CP.

3. Vietnamese students whose father or mother is a foreign national shall be admitted to study at the school as foreign students.

Article 4. Compulsory education program for Vietnamese citizen students at foreign-invested general education institutions

1. For primary education

Vietnamese citizen students studying at primary schools or primary levels of general secondary schools with foreign investment must study the Vietnamese language program and Vietnamese studies program, specifically as follows:

a) Regarding the Vietnamese language program

- Objective: To help students form and develop their vocabulary and skills in using the Vietnamese language (listening, speaking, reading, writing) suitable for their age group; provide students with initial knowledge about the Vietnamese language, culture, and people.

- Duration: Not less than 140 minutes per week, from grade 1 to grade 5.

b) Regarding the Vietnamese studies program

- Objective: To help students understand basic information about prominent historical events and figures, and good traditions, customs, and practices of the country and its people; have a simple understanding of Vietnam's geographical location, territory, territorial waters, islands, climate, rivers, mountains, resources, and minerals; thereby fostering students' love for their homeland and pride in their nation.

- Duration: Not less than 70 minutes per week, from grade 4 to grade 5.

2. For secondary education

- Vietnamese citizen students studying at lower secondary schools, upper secondary schools, or lower and upper secondary levels of general secondary schools with foreign investment must study the Vietnamese studies program to gain comprehensive, modern, systematic knowledge about history, geography, culture, traditions, customs, and practices of Vietnam.

- Objective: To cultivate students' love for their homeland and pride in their nation, respect for national historical heritage, and heroic traditions in founding and defending the country. At the same time, to develop essential qualities of citizens: positive attitudes towards society, a sense of responsibility towards the community, love of labor, humane living, discipline, respect for and compliance with laws, awareness of national self-reliance, readiness to participate in building, protecting, and developing the country.

- Duration: Not less than 90 minutes per week, in lower secondary and upper secondary grades.

Article 5. Organization of teaching, examination, and evaluation at foreign-invested general education institutions

1. The organization of teaching the compulsory education program for Vietnamese citizen students must meet the following conditions:

a) Teachers are Vietnamese citizens, meeting the standards prescribed by Vietnamese law;

b) Having teaching materials compiled by the Ministry of Education and Training or self-compiled by educational institutions based on the Vietnamese language and Vietnamese studies programs stipulated in Article 4 of this Circular and approved by the Department of Education and Training;

c) The language of instruction is Vietnamese.

2. The examination and evaluation of learning outcomes of the compulsory education programs for Vietnamese citizen students must be based on the objectives and standards of knowledge and skills of the general education program issued by the Minister of Education and Training.

3. Encourage foreign-invested general education institutions to teach the Vietnamese language and Vietnamese studies programs in Vietnamese or a foreign language to foreign students currently enrolled in the school.

Article 6. Rights and benefits of Vietnamese citizens who are students studying at foreign-invested general education institutions

1. Students who are Vietnamese citizens studying at foreign-invested general education institutions teaching according to foreign educational programs approved by competent authorities in Vietnam may transfer to study at general education institutions teaching according to Vietnamese educational programs when necessary. The receiving institution shall decide on the transfer based on the direct assessment of the student's capabilities.

2. Vietnamese citizens who are students studying at foreign-invested general education institutions in Vietnam, holding a foreign high school diploma registered with the Ministry of Education and Training, have the right to participate in the admission process for vocational colleges and higher education institutions in Vietnam in accordance with current regulations.

Article 7. Compulsory subjects for learners who are Vietnamese citizens in vocational colleges, colleges, universities with foreign investment and joint training programs with foreign countries

1. For vocational colleges with foreign investment

a) When organizing training according to foreign programs and issuing diplomas to learners, vocational colleges with foreign investment must organize the teaching of the Law subject. This is a compulsory subject. The organization of teaching shall be carried out in accordance with the provisions of the Minister of Education and Training applicable to Vietnamese vocational colleges. The score of the compulsory subject must be reflected in the learner’s academic record.

b) Learners at vocational colleges with foreign investment are exempt from the compulsory subject prescribed in point a, Clause 1, Article 7 if they submit a grade sheet showing completion of the subject at a legally operating vocational college or higher education institution in Vietnam.

2. For colleges and universities with foreign investment

a) When organizing training according to foreign programs and issuing diplomas to learners, colleges and universities with foreign investment must organize the teaching of compulsory subjects in accordance with the provisions applicable to Vietnamese institutions.

b) Learners in colleges and universities with foreign investment are exempt from the compulsory subject prescribed in point a, Clause 2, Article 7 if they submit a certificate or grade sheet showing completion of the subject at another legally operating college or university in Vietnam.

3. Learners in joint training programs between Vietnamese vocational colleges, colleges, universities, academies and foreign-invested institutions in Vietnam with foreign educational institutions, where the diploma is issued by the foreign partner, are not required to take the compulsory subjects prescribed in Clauses 1 and 2 of this Article.

Article 8. Fields and specializations permitted to cooperate and invest with foreign countries for vocational colleges, colleges, and universities

1. Vocational colleges, colleges, and universities with foreign investment in Vietnam are permitted to open fields and specializations for training within the scope of the list of vocational college, college, university, master's, and doctoral training fields and specializations as currently stipulated by the Minister of Education and Training, except those related to national security, defense, politics, and religion.

2. Conditions, procedures, and authority for permitting the opening of fields and specializations for vocational colleges, colleges, and universities with foreign investment in Vietnam shall be applied in accordance with current regulations for Vietnamese institutions.

3. Foreign vocational colleges, universities; Vietnamese vocational colleges and higher education institutions; vocational colleges, colleges, and universities with foreign investment in Vietnam are permitted to cooperate in joint training within the scope of the list of vocational college, college, university, master's, and doctoral training fields and specializations as currently stipulated by the Minister of Education and Training for Vietnamese educational institutions, except those related to national security, defense, politics, and religion.

4. The Minister of Education and Training decides to permit joint training cooperation or the opening of new training fields and specializations not included in the existing list, based on the necessity of such fields and specializations for human resource development needs and economic and social development of the country. In this case, the joint training application or the application for opening new training fields and specializations must include:

a) A document determining the human resource demand and training objectives to meet that demand, which has been approved by the Scientific and Training Council of the educational institution.

b) Practical experience and training experience of some countries in the world, along with training programs that have been quality certified or recognized for their quality by competent authorities from at least 2 foreign educational institutions for reference.

Article 9. Provisions on foreign language proficiency in joint training programs for foreign language majors

The Vietnamese and foreign parties involved shall agree on the entry requirements for foreign languages, explain how quality and training objectives will be ensured, and submit the joint training program proposal with foreign countries to relevant authorities for approval.

Article 10. Calculation of full-time equivalent student numbers and minimum investment capital for short-term training institutions

1. The calculation of full-time equivalent student numbers aims to determine the minimum project investment capital and applies only to short-term training institutions.

2. The calculation of full-time equivalent student numbers is carried out according to the following formula:

a) Conversion for a short-term training course i:

Where:

- K_i is the number of full-time equivalent students for short-term training course i.

- Number of (class hours x classes) of course i = (Total number of classes in course i) x (Number of class hours in course i).

- 1152 class hours is the total number of class hours for a full-time course in one academic year (averaging 6 class hours/day, assuming classes are held 6 days/week and 32 weeks/year).

- 20 students is the average number of students per class stipulated for all short-term training courses.

b) Total number of full-time equivalent students:

Where n is the number of short-term training courses in one academic year.

Example: At the point of highest training scale, the educational institution plans to open 2 short-term training courses per year, specifically as follows:

- Course 1: Total number of class hours in the course is 200 class hours, with 8 classes.

- Course 2: Total number of class hours in the course is 250 class hours, with 10 classes.

The conversion results are as follows:

- Course 1: [(200 class hours x 8 classes) ÷ 1152 class hours] x 20 students/class = 28 students

- Course 2: [(250 class hours x 10 classes) ÷ 1152 class hours] x 20 students/class = 43 students

The total number of full-time equivalent students is 71 students (28 + 43).

3. The calculation of the minimum investment capital is based on the number of full-time equivalent students at the point of highest training scale and the minimum investment cost specified in Clause 3, Article 28 of Decree No. 73/2012/ND-CP.

Example: According to the example in Clause b, Point 2 of this Article, the minimum investment capital of the training institution at the time of establishment must be:

71 (students) x 20 million VND = 1.42 billion VND.

In cases where the educational institution does not build new facilities but instead leases existing facilities or contributes existing facilities from Vietnam to implement activities, the minimum investment capital is 0.994 billion VND (at least 70% of the prescribed level under Clause 8, Article 28 of Decree No. 73/2012/ND-CP).

The aforementioned minimum investment capital does not include land usage costs.

4. During the training process, short-term training institutions adjust the number of students accepted for different courses in accordance with the minimum investment capital and the registered investment plan.

Article 11. Guidelines for forms of joint training program applications, foreign-invested educational institutions, and representative offices

1. For joint training programs with foreign countries.

The approval document for the joint training program proposal to award certificates, as stipulated in Point a, d, and đ, Clause 2, Article 16 of Decree No. 73/2012/ND-CP, shall be applied according to Form No. 1 attached to this Circular.

2. For foreign-invested educational institutions.

a) The permit document for establishing a foreign-invested educational institution, as stipulated in Clause 2, 4, and 5, Article 39 of Decree No. 73/2012/ND-CP, shall be applied according to Form No. 2 attached to this Circular;

b) The permit document for educational activities, as stipulated in Clause 1, 3, and 4, Article 49 of Decree No. 73/2012/ND-CP, shall be applied according to Form No. 3 attached to this Circular.

3. For foreign education representative offices.

The certificate of registration for the operation of foreign education representative offices, as stipulated in Clause 3, Article 62 of Decree No. 73/2012/ND-CP, shall be applied according to Form No. 4 attached to this Circular.

Article 12. Implementation of transitional provisions regarding the acceptance of Vietnamese students and the teaching of foreign programs

1. Children and Vietnamese students who have been accepted to study at preschool education facilities and general education facilities with foreign investment for children and foreign students before this Circular takes effect shall continue their studies normally at those schools.

2. General education facilities with foreign investment that have been permitted by competent authorities to pilot the teaching of foreign programs and bilingual programs for Vietnamese students before Decree No. 73/2012/ND-CP took effect shall continue to implement according to the pilot regulations stipulated in that document.

Article 13. Implementation of transitional provisions concerning the establishment of educational facilities and the opening of branch offices of educational facilities

1. Educational facilities with foreign investment and branch offices of educational facilities with foreign investment that have been issued Investment Certificates simultaneously serving as Business Registration Certificates and Education Operation Licenses before Decree No. 73/2012/ND-CP took effect shall not be required to re-examine according to the conditions stipulated in Articles 36 or 41 of Decree No. 73/2012/ND-CP, but must supplement the following documents to complete the procedures for permission to establish:

a) A document requesting permission to establish an educational facility;

b) A certified copy of the Investment Certificate simultaneously serving as a Business Registration Certificate, adjusted Investment Certificate (if any), along with the approved project proposal dossier;

c) An Education Operation License still in effect;

d) A report on the implementation of the investment project according to the investment registration content in the Investment Certificate;

e) A report on the results of educational activities over the last three years.

2. Investors shall prepare six sets of dossiers, including one original set and submit them to the agency responsible for receiving dossiers as stipulated in Articles 38 and 43 of Decree No. 73/2012/ND-CP.

3. Within twenty working days, the agency responsible for receiving dossiers shall organize the review of the dossiers and submit to the competent authority as stipulated in Article 39 of Decree No. 73/2012/ND-CP to issue a Decision permitting the establishment of an educational facility with foreign investment or a decision permitting the opening of a branch office of an educational facility with foreign investment.

4. In addition to the provisions of Clause 1 and 2 of this Article, the agency handling the dossiers shall not require investors to fulfill any additional conditions.

Article 14. Inspection, Examination, and Handling of Violations

Educational facilities with foreign investment and overseas education representative offices are subject to management, supervision, inspection, and periodic and spot checks by Vietnamese state agencies responsible for education and training.

Organizations, individuals, educational facilities with foreign investment, and overseas education representative offices that violate education laws will be dealt with according to current laws depending on the nature and severity of the violation.

Article 15. Implementation Provisions

1. This Circular takes effect from December 1, 2014.

2. Abolish any provisions contrary to this Circular.

3. The Director of the Office, the Director of the International Cooperation Department, the Heads of relevant units under the Ministry of Education and Training; the Directors of Departments of Education and Training, the Heads of Education and Training Divisions, related organizations, and individuals are responsible for implementing this Circular./.