Circular No. 38/2020/TT-BGDĐT on online and blended international joint training programs at the bachelor's, master's, and doctoral levels

CIRCULAR

Article 24Regulations on online and blended international education cooperation at the bachelor's, master's, and doctoral levels

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

Pursuant to Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law;

Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

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

7. Components of a training program include a group of courses and other learning and research activities with common characteristics in specialized fields; clearly playing a role in achieving a set of goals and requirements of the training program. These components are used to design the overall structure of the training program (such as general education, basic sciences, core subjects, internships and experiences, scientific research, and other components).

The Minister of Education and Training shall issue a Circular to regulate online and blended international education cooperation at the bachelor's, master's, and doctoral levels.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates online and blended international education cooperation at the bachelor's, master's, and doctoral levels.

2. This Circular applies to domestic higher education institutions established and operating legally in Vietnam, academies, and institutes established by the Prime Minister under the Law on Science and Technology that are permitted to offer doctoral programs (hereinafter referred to collectively as Vietnamese training institutions), foreign higher education institutions, and related organizations and individuals.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Online international education cooperation is the collaboration between a foreign higher education institution and a Vietnamese training institution to implement educational programs through a network environment and using multi-media information and communication technology to award academic degrees to students.

2. Form of online international education cooperation is the form of training when implementing joint education programs where the duration of online teaching accounts for 50% or more of the total teaching duration of the program.

3. Form of blended international education cooperation is the form of training when implementing joint education programs where the duration of online teaching accounts for less than 50% of the total teaching duration of the program.

Article 3. Implementation of online and blended international education cooperation programs

1. Vietnamese training institutions and foreign higher education institutions shall implement joint education programs in the form of online or blended learning in accordance with the provisions of Articles 15, 16, 17, 18, 19, 20, and 27 of Decree No. 86/2018/NĐ-CP dated June 6, 2019 of the Government on foreign cooperation and investment in the field of education and the provisions of this Circular.

2. Vietnamese training institutions and foreign higher education institutions shall ensure that the duration of online teaching does not exceed 30% of the total teaching duration of the program when implementing joint education programs in the form of blended learning.

3. The implementation of joint education programs at branch campuses must comply with the procedures, authorities, and conditions stipulated for joint education programs at main campuses as provided in this Circular.

4. The authority to approve joint education cooperation projects with foreign countries shall be carried out in accordance with the amended Higher Education Law dated November 19, 2018, and Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain articles of the amended Higher Education Law and related regulations.

Article 4. Training Programs

1. The training program of a foreign higher education institution currently implemented at its main campus, which has been quality assessed and recognized by the competent educational authority of that country.

2. For bachelor’s degree joint education programs: The training program at the main campus of the foreign higher education institution and the training program of the Vietnamese training institution being implemented online in the same or closely related fields as those intended for joint education and both have graduates.

3. For master’s or doctoral degree joint education programs: The training program at the main campus of the foreign higher education institution and the training program of the Vietnamese training institution being implemented in blended learning with the duration of online teaching accounting for 20% or more of the total teaching duration of the program in the same or closely related fields and at the same level as those intended for joint education and both have graduates.

4. Master’s and doctoral degree joint education programs shall have the maximum duration of online teaching accounting for 30% of the total teaching duration of the joint education program.

5. Training programs jointly developed by both parties may be implemented in any of the following cases:

a) In the case of awarding degrees from the foreign higher education institution, the training program must comply with the regulations on the process of developing, reviewing, and issuing training programs of the foreign country and must retain the core contents of the training program of the foreign higher education institution;

b) In the case of awarding degrees from both the foreign higher education institution and the Vietnamese training institution, the training program must comply with the regulations on the process of developing, reviewing, and issuing training programs of both the foreign and Vietnamese countries and must retain the core contents of the training program of the foreign higher education institution.

Article 5. Scale of Training

1. The scale of training for joint programs shall be determined based on the conditions ensuring quality in terms of infrastructure, equipment, laboratories, libraries, teaching staff, and management personnel participating in the implementation of joint training programs. These conditions shall not overlap with those already used to calculate the total enrollment quota of the educational institution. In cases where there are shared quality assurance conditions, the scale of training for joint training programs must be included within the annual total enrollment quota of the Vietnamese training institution.

2. The Vietnamese training institution and the foreign higher education institution shall propose the annual enrollment scale in the application for approval of joint training programs. The maximum enrollment scale shall be specifically determined in the decision allowing joint training programs or the decision on autonomous implementation of joint training programs.

Article 6. Infrastructure, Equipment, and Training Locations

1. Infrastructure, equipment, electronic portals, server systems, internet connectivity infrastructure, learning management systems, content management systems, and digital learning materials must comply with the provisions set forth in Circular No. 12/2016/TT-BGDĐT dated April 22, 2016, issued by the Minister of Education and Training regarding the application of information technology in management and online training organization; they must include audiovisual means such as computers, screens, projectors, and projection devices suitable for classrooms; stable and smooth network connections; online learning materials relevant to the field of study and accessible at high speed; recording devices for monitoring the training process to serve management, inspection, and supervision tasks.

2. Full course materials, learning resources, electronic libraries, learning software, instructions for accessing the online learning management system, user accounts and passwords, initial guidance on courses and final evaluation procedures, as well as regulations on data storage and security for joint training programs, must be provided.

3. There must be a system and mechanism for checking, verifying, supervising, and evaluating student participation; a strict training management system capable of quickly processing information with high accuracy.

4. For direct training, the location shall be at the main campus or branch of the Vietnamese training institution specified in the application for approval of joint training programs.

Article 7. Teaching Staff and Technical Support

1. For online course sections, in addition to the primary instructor, there shall also be an assistant instructor providing professional support and technical support personnel. The Vietnamese training institution and the foreign higher education institution must establish specific regulations concerning the functions and responsibilities of each position mentioned above.

2. Instructors and technical support personnel implementing online course sections must meet the requirements stipulated in Circular No. 12/2016/TT-BGDĐT dated April 22, 2016, issued by the Minister of Education and Training regarding the application of information technology in management and online training organization, as well as the regulations of the foreign higher education institution.

Article 8. Requirements for online or blended training collaboration

1. The registration dossier for implementing online or blended training collaboration shall be carried out in accordance with Clause 1 of Article 21 of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on foreign cooperation and investment in education and related provisions.

2. The content regarding quality assurance in the project to implement training collaboration with foreign countries must clearly describe about: physical facilities, equipment, electronic information gateways, server systems and internet infrastructure, learning management systems, content management systems, digital learning materials serving the organization and management of online training collaboration; the fulfillment of all regulations for lecturers participating in the program; provisions ensuring quality so that graduates from the collaborative training program in Vietnam can receive degrees issued by foreign higher education institutions that are comparable to those awarded to graduates at the main campus of the foreign higher education institution.

3. The content regarding the rights of learners and workers must clearly stipulate the risk management plan when implementing the collaborative training program, especially in cases where the program is interrupted or terminated before the scheduled time in the project to implement training collaboration with foreign countries and in agreements or cooperation contracts between collaborating parties.

Article 9. Responsibilities of collaborating parties in organizing collaborative training activities

1. To develop and promulgate specific regulations for collaborative training programs in accordance with this Circular and relevant laws concerning: students; organization and management of training; number of learners in a class to ensure the connection and effectiveness of learning for learners; examinations, assessments during the process and at the end of each course, defense of thesis, dissertation, master's thesis, doctoral dissertation; storage and protection of information.

2. To provide complete and clear information related to the collaborative training program on the electronic information pages of the collaborating parties and bear responsibility for the accuracy of such information.

3. To implement activities to ensure the quality of the collaborative training program and conduct program accreditation as prescribed.

4. To organize training and development for necessary teaching methods and skills for online teaching, design of digital learning materials for the teaching staff, academic advisors, and technical support personnel involved in implementing the collaborative training program.

5. To maintain examination and assessment results of learners in the learning management system and be able to extract them for inspection and audit purposes for a minimum period of five years from graduation.

6. To implement the collaborative training program according to the approved content and relevant laws; to refund tuition fees to learners if the higher education institution violates regulations leading to learners not receiving a degree or a degree that is not recognized in the country where the foreign higher education institution is headquartered.

7. To permanently store the training collaboration dossier, learner information at the Vietnamese training institution and the foreign higher education institution.

8. To comply with reporting requirements as prescribed. If the Vietnamese training institution, foreign higher education institution fails to report or reports inaccurately, they will be dealt with according to the law.

9. To fulfill other obligations as prescribed by law.

Article 10. Effective Date

1. This Circular takes effect from November 20, 2020.

2. In cases where legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

Article 11. Implementation Organization

The Head of the Ministry’s Office, the Director of the Higher Education Department, Heads of units under the Ministry of Education and Training related to this matter; Rectors of universities and academies; Deans of colleges; Directors of research institutes established by the Prime Minister pursuant to the Law on Science and Technology are responsible for enforcing this Circular./.