GENERAL PROVISIONS #

Article 1. Scope of adjustment and subject of application

1. This Decree provides for foreign cooperation and investment in the field of education, including: educational and training linkages with foreign countries; foreign-invested educational institutions; representative office of foreign education in Vietnam.

2. This Decree applies to Vietnamese organizations and individuals, international organizations and foreign organizations and individuals conducting cooperation and investment activities in the field of education and training.

3. This Decree does not apply to foreign cooperation and investment in the field of vocational education.

Article 2. Explain words

In this Decree, the terms below are construed as follows:

1. Foreign-invested educational institution means an educational institution invested by a foreign-invested economic organization, operating in accordance with Vietnamese law, and permitted to use its seal. and separate accounts.

2. Short-term training and fostering institution means a foreign-invested educational institution, including a center for training and fostering foreign languages, informatics, culture, skills, expertise, and operations. including training and retraining institutions established by foreign diplomatic missions and intergovernmental international organizations licensed to operate in Vietnam.

3. Integrated education program means a Vietnamese education program that is integrated with a foreign educational program, ensuring the objectives of the Vietnamese educational program and not overlapping in content and knowledge. .

4. Educational linkage means the cooperation between a Vietnamese preschool or general education institution and a foreign educational institution implementing an integrated education program.

5. Joint training means the cooperation between a Vietnamese higher education institution and a foreign higher education institution in order to implement a training program for the grant of diplomas or certificates without establishing a legal entity.

6. The branch of a foreign-invested higher education institution is a unit under the organizational structure and under the management and administration of the foreign-invested higher education institution operating in the country. Vietnam.

7. Representative office of foreign education in Vietnam is a dependent unit of a foreign educational institution or institution, established and operating in Vietnam in order to promote and develop cooperation and investment in education. education in accordance with Vietnamese law.

Article 3. Education field permitted for cooperation and investment

1. Foreign organizations and individuals and international organizations (hereinafter referred to as foreign organizations and individuals) are allowed to cooperate and invest in the field of education in accordance with the provisions of Vietnamese law and other relevant laws and regulations. international treaties to which Vietnam is a member.

2. Foreign organizations and individuals are allowed to cooperate and invest in training disciplines according to current regulations, except for the branches of security, defense, politics and religion.

Article 4. Education quality assurance and accreditation

1. Education association, training association with foreign countries and the operation of foreign-invested educational institutions in Vietnam must meet Vietnam's current regulations on education quality assurance.

2. Educational institutions conducting educational and training association and foreign-invested educational institutions in Vietnam shall accredit education quality in accordance with Vietnam's current regulations.

Article 5. Finance in foreign cooperation and investment

1. Educational institutions that conduct educational and training linkages with foreign countries, foreign-invested educational institutions and foreign education representative offices must comply with current provisions of law. Vietnamese law on finance, accounting, auditing and tax.

2. Foreign investors are entitled to contribute capital, purchase shares or capital contributions of educational institutions with domestic investment capital and of economic organizations with foreign investment capital investing in the establishment of educational institutions. Procedures for capital contribution, share purchase and capital contribution shall comply with the provisions of the Law on Investment.

Chapter II

EDUCATION AND TRAINING LINKS WITH FOREIGN COUNTRIES #

Section 1: EDUCATIONAL LINKS

Article 6. Objects of educational association

Private preschool educational institutions, private general education institutions of Vietnam and educational institutions operating legally abroad, which are accredited by an education quality accrediting agency or organization or by a competent authority. the right of foreign recognition of the quality of education.

Article 7. Educational programs, facilities and teaching staff

1. Educational program.

a) The integrated foreign education program must be the one that has been accredited for the quality of education in the host country or recognized for its quality by a competent educational agency or organization of the host country. education quality;

b) The integrated education program must ensure the objectives of the Vietnamese education program and meet the requirements of the foreign education program; does not force learners to re-learn the same content, ensures stability until the end of the school level and connections between levels for the benefit of students, ensures voluntary participation and does not cause overload. for students;

c) The integrated education program must be approved by the competent authority. The Minister of Education and Training shall specify the integration of Vietnamese educational programs with foreign educational programs.

2. Class size and facilities must meet the requirements of the integrated education program and not affect the general teaching activities of the Vietnamese educational institution participating in the educational association.

3. Team of teachers.

a) Vietnamese teachers teaching integrated education programs must meet the training standards of the school level as prescribed by Vietnamese law;

b) Foreign teachers teaching integrated education programs must have university degrees appropriate to their teaching expertise and pedagogical certificates or equivalent;

c) Teachers teaching integrated education programs in foreign languages must have a foreign language proficiency that meets the requirements of the integrated program and is not lower than Level 5 according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent. equivalent.

Article 8. Evaluation of study results, examination, examination, recognition of graduation and grant of diplomas

1. The assessment of study results, examination, examination, recognition of completion of the educational program, recognition of graduation shall be carried out in accordance with the laws of Vietnam and the host country where the educational program is provided. sex.

2. Learners who complete the integrated education program at the upper secondary level must be granted a Vietnamese and foreign diploma.

Article 9. Dossier of application for approval of an integrated and joint education program

1. Dossier of application for approval of educational association:

a) An application form for approval of educational association with foreign countries, jointly signed by the affiliated parties, made according to Form No. 01 in the Appendix to this Decree;

b) Agreement or cooperation contract between the affiliated parties, including detailed information about the affiliated parties, the responsibilities of the parties for specific commitments on the program and learning materials. and teaching, teachers, facilities, testing, assessment, diplomas, financial information and other content;

c) Documents proving the legal status of the affiliated parties: A certified copy or a copy enclosed with the original for comparison, the decision to establish or permit the establishment of an educational institution or other equivalent documents. ;

d) The foreign education program has contents and subjects included in the integrated education program and the integrated education program is expected to be implemented;

dd) Documents and documents explaining the integration of the educational program;

e) Certificate of educational quality accreditation of the foreign education program or the document approving the foreign education program of a competent agency or organization (certified copy or a copy enclosed with the original); for comparison);

g) The scheme on implementation of educational association with foreign countries, prepared by the affiliated parties according to Form No. 02 in the Appendix to this Decree, including the following main contents: Necessity; introduce affiliated parties; linked content; facilities and equipment; list of expected teachers together with professional curriculum vitae; subjects, criteria and size of enrollment; diplomas and certificates to be issued, equivalence of foreign diplomas and certificates to diplomas and certificates of the Vietnamese national education system (if any); measures to ensure the interests of learners and employees; the division in charge of association, personal resume of the representative of the Vietnamese educational institution and the foreign educational institution participating in the program management; course fee; financial support of Vietnamese and foreign individuals and organizations (if any), cost estimates, financial management mechanism; responsibilities and powers of the affiliated parties; responsibilities and rights of teachers and students.

2. Dossier of application for approval of an integrated education program:

a) A written request for approval of the integrated education program;

b) The foreign education program has contents and subjects included in the integrated education program and the integrated education program is expected to be implemented;

c) Documents and documents explaining the integration of the educational program;

d) Certificate of education quality accreditation of the foreign education program or the document approving the foreign education program of a competent agency or organization (certified copy or a copy enclosed with the original). for comparison).

Article 10. Competence and procedures for approving educational association

1. Competence and procedures for approving educational association with foreign countries.

a) The director of the Department of Education and Training approves educational association with foreign countries;

b) The associated parties send 01 set of dossiers directly or by post to the Department of Education and Training;

c) Within 10 working days from the date of receipt of a complete dossier as prescribed in Clause 1, Article 9 of this Decree, the dossier-receiving agency shall appraise the dossier and submit it to the Minister of Education and Training. create and approve the integrated education program as prescribed at Point c, Clause 1, Article 7 of this Decree;

d) In case the dossier is incomplete, within 05 working days from the date of receipt of the dossier, the Department of Education and Training shall notify in writing sent directly or by post or email to the parties. link;

dd) Within 05 working days from the date of receipt of the results of the evaluation of the integrated program from the Ministry of Education and Training, the Department of Education and Training shall decide to approve the educational association using Form No. Appendix issued together with this Decree. In case the educational association is not approved, the Department of Education and Training shall issue a written reply clearly stating the reason.

2. Competence and procedures for approving integrated education programs.

a) The Minister of Education and Training approves the integrated education program;

b) The Department of Education and Training shall send 01 application in person or by post to the Ministry of Education and Training;

c) Within 20 working days from the date of receipt of a complete application as prescribed in Clause 2, Article 9 of this Decree, the Ministry of Education and Training is responsible for appraising the integrated education program and notifying the results. in writing to the Department of Education and Training;

d) In case the dossier is incomplete, within 05 working days from the date of receipt of the dossier, the Ministry of Education and Training shall notify in writing and send it directly or by post or email to the Department of Education and Training. education and training has applied.

Article 11. Term of educational association

The term of educational association shall not exceed 05 years from the date of approval and may be extended, each extension shall not exceed 05 years.

Article 12. Extension or adjustment of educational association

1. The extension of educational association must be done within 06 months before the expiration of the educational association.

2. Conditions for extension:

a) The affiliated parties strictly comply with the provisions in the decision approving the association;

b) Not violating Vietnamese and foreign laws.

3. Dossier to request extension or adjustment:

a) An application form for extension or adjustment of educational association signed jointly by the affiliated parties, made according to Form No. 04 in the Appendix to this Decree;

b) Summary report on association activities during the license period;

c) The agreement or cooperation contract is still valid between the affiliated parties, including the information specified at Point b, Clause 1, Article 9 of this Decree.

4. Competence, procedures, approval for extension or adjustment:

a) The person who has the authority to approve the link has the authority to approve the extension or adjustment of the link;

b) The affiliated parties send 01 set of dossiers directly or by post to the competent authority specified at Point a of this Clause;

c) Within 05 working days from the day on which the application is received, if the application is incomplete as prescribed in Clause 3 of this Article, the application-receiving agency shall send a written notice in person or by post. or electronic mail to affiliated parties;

d) Within 10 working days from the day on which the complete application is received, the application-receiving agency shall appraise the application and decide to approve the extension or adjustment of the educational association; if the educational association is not renewed or adjusted, the director of the Department of Education and Training shall reply in writing and clearly state the reason;

In case of adjustment of educational association, including the adjustment of the integrated education program, the provisions of Article 10 of this Decree shall apply.

Article 13. Suspension of enrollment or termination of educational association activities

1. Co-educational enrollment shall be suspended if one of the contents specified in Article 7 of this Decree is not satisfied.

2. Responsibilities of affiliated parties when enrollment is suspended.

a) Correct the violations that lead to the suspension of enrollment;

b) Ensure that students enrolled in an integrated education program continue their education;

c) Report to the person with authority to approve the link on the results of overcoming the violations leading to the suspension of enrollment in order to allow the operation to resume.

3. The educational association shall terminate in the following cases:

a) Expiry of the time limit specified in the approval decision or the decision to extend or adjust the association;

b) At the request of the affiliated parties;

c) The time limit for suspension of enrollment has expired but the violation has not been remedied, leading to the suspension of enrollment;

d) Violating the provisions of the approval decision or the decision to extend or adjust the association to the extent required by law to terminate.

4. Responsibilities of affiliated parties when their association activities are terminated ahead of time.

a) To ensure that students who are enrolled in an integrated education program can continue their studies until the end of their schooling;

b) Refund to students for expenses paid by students in case the link is terminated;

c) Payment of salaries, wages, teaching remuneration, other benefits of teachers and employees according to signed labor contracts or collective labor agreements in accordance with the provisions of law. labor law;

d) Payment of tax debts (if any) and other debts.

5. Dossier, procedures, authority to terminate the association.

a) The person who has the authority to approve the link has the authority to terminate the link;

b) A dossier of request for termination of association includes: An application for termination of educational association with a foreign country, made according to Form No. 05 in the Appendix issued with this Decree, clearly stating the reason for termination, enclosed with according to the plan to terminate the association, measures to ensure the legitimate interests of learners and employees; financial and property settlement plans;

c) The application file for termination of association shall be sent directly or by post to the competent authority specified in Article 10 of this Decree;

d) Within 15 working days from the date of receipt of the dossier, the dossier-receiving agency shall appraise the dossier, decide to terminate the association and notify it on the mass media; if the educational association has not been terminated, the director of the Department of Education and Training shall reply in writing, clearly stating the reason;

dd) In case the educational association is terminated according to the provisions at Points c and d, Clause 3 of this Article, the competent agency shall consider and decide to terminate the association.

Article 14. Responsibilities of educational association parties

1. The organization implements the decision to approve or decide to extend or decide to adjust the association.

2. Provide complete and clear information related to the link on the website of the educational institution and take responsibility for the accuracy of this information.

3. Take responsibility for the legal validity of foreign diplomas and certificates issued to students.

4. Perform other obligations as prescribed by law.

5. Implement the reporting mode as follows:

a) The parties participating in the association are responsible for submitting the report on the implementation of the association by each school year to the Department of Education and Training before October 31 of each year;

b) The report includes the following main contents: The implementation of the approval decision, the decision to extend or adjust the association, the organizational structure, teachers and lecturers, the number of enrollments, the organization's work. teaching and learning organization, student learning outcomes, number of graduates, graduation rate, diplomas awarded, financial statements, difficulties and advantages in the implementation process, proposals, request;

c) On the basis of reports of the participating parties, the Department of Education and Training shall summarize the report and send it to the Ministry of Education and Training before November 30 every year;

d) The reporting is done online and in writing.

Section 2: LINKS TRAINING AT UNIVERSITY, MASTER, doctoral levels and ORGANIZATION OF FOREIGN FOREIGN LANGUAGE CERTIFICATES FOR CERTIFICATES

Article 15. Objects and forms of association

1. Objects of joint training at university, master, and doctoral levels.

a) Higher education institutions are lawfully established and operating in Vietnam and have been accredited for education quality;

b) Higher education institutions are lawfully established and operating in foreign countries, and are recognized by foreign education quality accrediting agencies, organizations or competent agencies in charge of education for their quality of education; education and recognized by competent Vietnamese agencies and organizations.

2. Entities in association to organize foreign language proficiency certification exams.

a) Education, training institutions or organizations lawfully established and operating in the field of education in Vietnam;

b) Foreign language assessment agencies, organizations and establishments lawfully established and operating abroad.

3. Forms of joint training.

a) Direct training links;

b) Link to online training (online);

c) Link to direct training combined with online.

4. The Minister of Education and Training shall provide specific regulations on online training, direct training and online training, and foreign language proficiency certification exams.

Article 16. Scope, scale, enrollment and language of instruction in joint training

1. Scope of joint training.

a) The higher education institutions specified at Point a, Clause 1, Article 15 of this Decree may only provide joint training within the scope of their disciplines and training levels that have been permitted by a competent Vietnamese authority;

b) Higher education institutions specified at Point b, Clause 1, Article 15 of this Decree are only permitted to provide joint training within the scope of their training disciplines and qualifications and approved by a competent Vietnamese authority. take.

2. The training scale of the associate is determined on the basis of quality assurance conditions in terms of facilities, equipment, laboratories, libraries, teaching staff and management staff. These conditions must not coincide with those used to calculate the total enrollment quota of the educational institution. In case the same quality assurance conditions exist, the training scale of the joint training programs must be included in the total annual enrollment scale of the educational institution. Vietnamese higher education institutions and foreign higher education institutions propose the training scale in the application file for approval of training association and submit it to the competent authorities specified in Article 22 of this Decree for approval. Browser.

3. Subjects enrolling in joint training programs for diplomas must satisfy the following conditions:

a) In case of granting a degree from a Vietnamese higher education institution, it must satisfy the conditions for enrollment of undergraduate, master and doctoral degrees in accordance with Vietnamese law;

b) In case of granting diplomas from foreign higher education institutions, they must satisfy the conditions for admission to bachelor, master and doctoral degrees of the foreign educational institution corresponding to the conditions for admission to the foreign university. prescribed study in the host country where the foreign educational institution is established;

c) In case of concurrently granting a diploma from a Vietnamese higher education institution and a diploma from a foreign higher education institution, the applicants must satisfy the provisions of Points a and b of this Clause;

d) Foreign language proficiency: Subjects enrolling in the case of diplomas awarded by Vietnamese higher education institutions must have at least a Level 3 level according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent; in case of granting diplomas of foreign higher education institutions and cases of concurrently granting diplomas of Vietnamese higher education institutions and diplomas of foreign higher education institutions, the subjects enrolling at least must have Level 4 according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent, for students enrolling in joint training programs in foreign language majors, foreign language requirements are required. of foreign educational institutions;

dd) Based on learners' needs, the affiliated educational institutions may organize foreign language training and retraining courses to help students reach the level specified at Point d of this Clause before organizing the main teaching. lock up.

4. Joint training in granting foreign diplomas and certificates must be taught in foreign languages, not in Vietnamese or through interpreters. The joint training program for Vietnamese diplomas and certificates can be taught in Vietnamese or through an interpreter.

Article 17. Training program

1. Joint training is conducted under a foreign program or a program jointly developed by the two parties; the training program is conducted entirely in Vietnam or partly in Vietnam and partly abroad; grant foreign diplomas and certificates; grant diplomas and certificates of Vietnam and foreign countries.

2. A foreign training program implemented in Vietnam is a program that has been accredited for educational quality in the host country or recognized by the educational authority of the host country for its educational quality. ; no content harmful to national defense, security or community interests; not propagate religion, distort history; must not adversely affect the culture, morality, fine customs and traditions of Vietnam and must ensure the connection conditions between training levels.

3. The output standards of joint training programs with foreign countries must not be lower than the output standards prescribed by the legal documents of Vietnam.

Article 18. Facilities, equipment and locations

1. For affiliate training.

a) Facilities and equipment used in joint training must be suitable to the requirements of the training industry, not affect the general training activities of the Vietnamese educational institution and include: Classrooms , lecturer's office, computer room, practice room, laboratory, library and other necessary equipment. The average area used for teaching and learning in the form of direct training association is at least 05 m .²/student;

b) The educational institution conducting joint training must provide sufficient textbooks and learning materials in service of learners' study and research;

c) Joint training must not be organized by a training organization outside the head office of a Vietnamese educational institution approved by a competent authority.

2. For the organization of foreign language proficiency certification exams.

The venue, facilities, equipment and service team associated with the organization of foreign language proficiency certification exams must ensure the quality for the organization of the exam.

Article 19. Teaching staff

1. Qualifications of lecturers.

a) For joint training at university level, lecturers must have at least a master's degree or higher relevant to the group of teaching disciplines;

b) For joint training at master's level, lecturers who teach subjects and topics and guide master's theses must have a doctorate degree suitable to the group of teaching disciplines; trainers guiding practice and interns must have at least a master's degree relevant to the expertise involved in guiding practice and internships;

c) For joint training at the doctoral level, the lecturer must have a doctoral degree in a group of disciplines relevant to the course they will undertake in the doctoral training program. For PhD student mentors, the minimum requirements must be met as prescribed for PhD students in Vietnam's doctoral training programs.

2. Lecturers teaching joint training programs must have university teaching experience in the same teaching field, except for the case specified in Clause 4 of this Article.

3. Lecturers teaching in foreign languages in joint training must have a foreign language proficiency that meets the program's requirements, but is not lower than Level 5 according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent. equivalent.

4. Foreign language teachers who are native speakers of foreign languages must have a university degree or higher and have an appropriate foreign language teaching certificate.

Article 20. Examination, examination, evaluation, recognition of graduation and grant of diplomas and certificates

1. The examination, examination, assessment, recognition of completion of the subject program, training qualifications, and recognition of graduation shall comply with the provisions of Vietnamese law if Vietnamese diplomas and certificates are granted. or according to the provisions of foreign law if granting foreign diplomas and certificates.

2. Diplomas and certificates of learners under joint training or at foreign-invested educational institutions are prescribed as follows:

a) Diplomas granted by Vietnamese educational institutions must comply with the provisions of Vietnamese law;

b) Diplomas granted by foreign educational institutions must comply with the provisions of the host country's laws and be recognized by competent Vietnamese agencies;

In case of concurrently granting a diploma of a Vietnamese higher education institution and a diploma of a foreign higher education institution, the provisions of Points a and b of this Clause shall be followed.

3. The examination, examination and assessment of learners' learning results for subjects conducted online must be organized centrally and directly at the joint training institution on the Vietnamese side.

4. Foreign language proficiency certificates must be legally recognized in the host country and valid for use in the world.

Article 21. Dossier for approval of training association and joint organization of foreign language proficiency certification exams

1. Training link:

a) An application form for approval of training association with a foreign country, jointly signed by the affiliated parties, made according to Form No. 06 in the Appendix to this Decree;

b) Agreement or cooperation contract between the affiliated parties, including detailed information about the affiliated parties, the responsibilities of the affiliated parties for specific contents of commitments on programs and documents. learning and teaching, faculty, facilities, testing, assessment, diplomas, financial information and other content;

d) Papers proving that the Vietnamese higher education institution and the foreign higher education institution are permitted to provide training in the field of intended association (certified copy or a copy enclosed with the original for comparison) ;

dd) Certificate of education quality accreditation of the foreign training program or a document recognizing the educational quality of a competent agency (certified copy or a copy enclosed with the original for comparison);

e) Written approval of the policy on permitting training association with foreign countries of the governing body for the Vietnamese educational institution (if any);

g) The scheme on implementation of joint training with foreign countries, developed by the affiliated parties using Form No. 07 in the Appendix issued with this Decree, including the following main contents: The necessity and objectives of the training program. link; introduce affiliated parties; linked content; industry and training level; facilities and equipment; curriculum and teaching content; list of expected lecturers together with scientific curriculum vitae; subjects and admission criteria; training scale; form of organization of examination and evaluation; diplomas and certificates to be issued, the equivalence of foreign diplomas and certificates to those of the Vietnamese national education system; measures to ensure the quality of education and the interests of learners and employees; the division in charge of association, personal resume of the representative of the Vietnamese educational institution and the foreign educational institution participating in the program management; tuition fees, financial support of Vietnamese and foreign individuals and organizations (if any), cost estimates, financial management mechanism; responsibilities and powers of the affiliated parties; responsibilities and rights of teachers and learners.

2. Joint organization of foreign language proficiency certification exams include:

a) An application form for approval of joint organization of foreign language proficiency certification exams, made according to Form No. 08 in the Appendix to this Decree;

b) Agreement or contract between the examination organization in Vietnam and the foreign language ability assessment institution;

c) The document certifying the legal status of the affiliated parties;

d) A scheme on organization of exams for issuance of foreign language proficiency certificates, made according to Form No. 09 in the Appendix issued with this Decree, which contains information on the value and scope of use of the foreign certificate. foreign language, proof of the quality assurance of the organization of the exam, the location of the examination, the method of organization, the responsibilities of the parties, the examination fees and charges, the collection and expenditure mechanism and the financial management main, rights and responsibilities of participants and other related contents.

Article 22. Approval authority

1. The Minister of Education and Training approves joint organization of foreign language proficiency certification exams, joint training at university, master and doctoral levels with foreign countries according to the prescribed forms. specified in Clause 3, Article 15 of this Decree, except for the cases specified in Clause 2 of this Article.

2. Directors of national universities, regional universities, heads of higher education institutions operating under the autonomy mechanism approve direct training links at university, master and doctoral levels. at these establishments.

3. Rectors (Directors) of Vietnamese higher education institutions approve joint training to issue certificates, except for foreign language proficiency certificates and training certificates that are valuable for accumulating credits or studying. section for diplomas.

Article 23. Procedures for approval of joint training and joint organization of foreign language proficiency certificates

1. For affiliate training.

a) The training associate parties shall send 01 set of dossier as prescribed in Clause 1, Article 21 of this Decree directly or by post to the competent authority specified in Article 22 of this Decree;

b) Within 20 working days from the day on which the complete application is received, the application-receiving agency shall appraise and issue a decision approving the training association with foreign countries according to Form No. 10 in the Appendix to this Circular. issued together with this Decree;

c) In case the dossier is incomplete, within 05 working days from the date of receipt of the dossier, the dossier-receiving agency shall send a written notice directly or by post or email to the establishment. offer training links.

2. For joint organization of foreign language proficiency certification exams.

a) The associated parties that organize the examination for grant of foreign language ability certificates shall make 01 set of dossiers as prescribed in Clause 2, Article 21 of this Decree and send them directly or by post to the Ministry of Education and Training;

b) Within 20 days from the day on which the complete application is received, the Ministry of Education and Training shall appraise the joint organization of the foreign language proficiency test and notify the results in writing and send it directly to the applicant. directly or by post to affiliated parties to organize foreign language proficiency certification exams;

c) In case the dossier is incomplete, within 05 working days from the date of receipt of the dossier, the Ministry of Education and Training shall notify in writing and send it directly or by post or email to the parties. request for joint organization of foreign language proficiency certification exams.

Article 24. Term of association

The duration of operation of the joint training, joint organization of foreign language proficiency certificates shall not exceed 05 years from the date of approval and may be extended, each extension shall not exceed 05 years. and not exceed the time limit agreed or cooperation contract between the affiliated parties.

Article 25. Extension or adjustment of joint training, joint organization of foreign language proficiency certificates

1. The training partners or the organization of foreign language proficiency certificates shall send 01 set of documents as prescribed in Clause 5 of this Article, directly or by post, to the competent authority.

2. The extension of training association or joint organization of foreign language proficiency certification exam organizations must be done within 06 months before the training association or joint competency certification exam organization. foreign language expires. The adjustment of training association or joint organization of foreign language proficiency certification exams shall be made at the request of the affiliated parties.

3. Conditions for extension or adjustment of training links:

a) The training association parties strictly comply with the provisions in the decision approving the training association;

b) There is no violation of Vietnamese and foreign laws;

c) The joint training program continues to satisfy the conditions for education quality accreditation.

4. Conditions for extension or adjustment of association with foreign language certification exam organizations.

a) The associated parties strictly comply with the provisions of the document permitting the association to organize foreign language proficiency certification exams;

b) No violations or frauds are detected in the organization of foreign language exams and certificates.

5. Dossier to request extension or adjustment:

a) An application for extension or adjustment of association signed jointly by the affiliated parties, made according to Form No. 11 in the Appendix to this Decree;

b) Summary report on association activities during the license period;

c) The agreement or cooperation contract is still valid between the affiliated parties.

6. Competence and procedures for approving extension or adjustment:

a) The authority to approve the link has the authority to approve the extension or adjustment of the link;

b) The affiliated parties shall send 01 set of dossiers as prescribed in Clause 5 of this Article in person or by post to the competent authority specified in Article 22 of this Decree;

c) Within 10 working days from the date of receipt of the dossier, the dossier-receiving agency shall appraise and issue a decision on extension or adjustment of the association;

d) In case the dossier is incomplete, within 05 working days from the date of receipt of the dossier, the dossier-receiving agency shall send a written notice directly or by post or email to the parties. link.

Article 26. Suspension of enrollment or termination of joint training activities or joint organization of foreign language certification exams

1. The enrollment in joint training will be suspended if one of the contents specified in Articles 16, 17, 18, 19 and 20 of this Decree is not satisfied.

2. Responsibilities of the educational institution when the enrollment is suspended when the training association is suspended:

a) Correct the violations that lead to the suspension of enrollment;

b) Ensure that learners who are enrolled in joint training can continue their studies;

c) Report to the person competent to approve the training association on the results of overcoming the violations leading to the suspension of enrollment in order to allow the operation to resume.

3. The training association terminates in the following cases:

a) Expiry of the time limit specified in the approval decision or the decision to extend or adjust the training association;

b) At the request of the affiliated parties;

c) The time limit for enrollment suspension has expired but the cause leading to the enrollment suspension cannot be remedied;

d) Violating the provisions of the decision approving or extending or adjusting the training association to the extent required by law to terminate;

dd) The violation has been suspended and has not been remedied to ensure the contents specified in Articles 16, 17, 18, 19 and 20 of this Decree.

4. Responsibilities of the educational institution when the training association is terminated:

a) Contact to transfer the number of students enrolled as prescribed to another educational institution;

b) Refund to learners the expenses they have paid in case of providing training programs and granting diplomas and certificates that are not recognized by the Ministry of Education and Training or the training association is suspended. or their activities are terminated but the learners are not able or do not want to transfer to another educational institution;

c) Payment of teaching remuneration and other benefits of teachers, lecturers and employees according to signed labor contracts or collective labor agreements;

d) Payment of tax debts (if any) and other debts.

5. The association of foreign language certification exam organization shall be terminated in the following cases:

a) It is not permitted by the institution that organizes the exam for the issuance of foreign language proficiency certificates to continue to organize the examination for the issuance of foreign language certificates in Vietnam;

b) Being found cheating in the application file or in organizing the exam or granting foreign language ability certificate;

c) Violations against regulations in the document permitting the organization of foreign language proficiency certification exams.

6. Responsibilities of the affiliated parties in case the association is terminated to organize the foreign language proficiency certification exam:

a) Refund to the contest registrant for the expenses that the entrant has paid but has not yet been able to take the exam;

b) Compensate the contestant for the expenses paid by the contestant and other expenses when it is discovered that the foreign language proficiency certificate of a foreign country is invalid or not recognized by the competent authority. rights of Vietnam;

c) To fulfill all obligations towards employees as prescribed by law;

d) Payment of tax debts (if any) and other debts.

7. Authority, dossier and procedures for link termination:

a) The person who has the authority to approve the link has the authority to terminate the link;

b) An application for termination of association, made according to Form No. 12 in the Appendix issued with this Decree, clearly stating the reason for the termination, together with the plan to terminate the association, measures to ensure the legal interests of the company. the law of learners and employees; financial and property settlement plans;

c) The application file for termination of association shall be sent directly or by post to the competent authority specified in Article 22 of this Decree;

d) Within 15 working days from the date of receipt of the dossier, the dossier-receiving agency shall appraise the dossier, decide to terminate the association and notify it on the mass media; if the joint training or organization of foreign language certification exams has not been terminated, the competent person specified in Article 22 of this Decree shall reply in writing, clearly stating the reason.

Article 27. Responsibilities of associated parties and reporting regime

1. Responsibilities of the training partners.

a) Provide complete and clear information related to the link on the website of the linking establishment and take responsibility for the accuracy of this information;

b) Organize the implementation of the decision on association;

c) Take responsibility for the legal validity of foreign diplomas and certificates granted to learners;

d) Perform other obligations as prescribed by law.

2. Responsibilities of the parties to organize the examination for the grant of foreign language ability certificates.

a) Provide complete and clear information related to the link on the website of the linking establishment and take responsibility for the accuracy of this information;

b) Organize the correct implementation of the association scheme, ensure that the organization of the foreign language certification exam is in accordance with regulations, without fraud;

c) Take responsibility for the legal validity of foreign certificates issued to learners;

d) Perform other obligations as prescribed by law.

3. Reporting mode for training association:

a) The parties participating in the association are responsible for sending the report on the implementation of the association for each school year to the approving authority and the governing body (if any) before October 31 of each year;

b) The report includes the following main contents: The implementation of the approval decision, the decision to extend or adjust the association, the organizational structure, teachers and lecturers, the number of enrollments, the work teaching and learning organization, student learning outcomes, graduate students, graduate students, number of graduates, graduation rate, number of certificates, diplomas awarded, financial statements, difficulties and advantages in the process of implementation, proposals and recommendations;

c) On the basis of reports of units participating in training cooperation, national universities, regional universities and higher education institutions are allowed to operate under the autonomous mechanism of general training cooperation, report to the Ministry of Education and Training before November 30 every year;

d) The reporting is done online and in writing.

4. Reporting regime for joint organization of foreign language proficiency certification exams.

a) The parties participating in the association are responsible for sending the annual report on the implementation of the association to the Ministry of Education and Training and the local Department of Education and Training where the exam is held before January 15 every year;

b) The report includes the following main contents: The implementation of the association scheme, the number of people who have registered for the contest, the number of people who have participated in the competition, the financial report, the difficulties and advantages in the process of implementing the project. declare, propose, recommend;

c) The reporting is done online and in writing.

Chapter III

EDUCATION INSTITUTIONS WITH FOREIGN INVESTMENT #

Section 1: TYPES, TIME LIMIT OF OPERATION, Sequences of permission to establish, RIGHTS AND OBLIGATIONS OF FOREIGN-invested educational institutions

Article 28. Types of foreign-invested educational institutions

1. Short-term training and retraining establishments.

2. Pre-school educational institutions.

3. General education institutions (primary schools, junior high schools, high schools, high schools with many levels of education).

4. Higher education institutions.

5. Branches of foreign-invested higher education institutions in Vietnam.

Article 29. Naming of foreign-invested educational institutions

1. Foreign-invested educational institutions are established and operate in the form of schools or centers and are named according to the following regulations:

a) For a school, the name must include the constituent elements arranged in the following order: “School”, “School level or training level” and proper name;

b) For short-term training and retraining institutions, the name must include the constituent elements arranged in the following order: "Education or training center", "Major training branch or group" and first name;

c) For a branch of a foreign-invested higher education institution in Vietnam, the name must include the constituent elements arranged in the following order: "Branch", "Name of the higher education institution". foreign-invested universities” and “in provinces and cities”.

2. The proper name of the foreign-invested educational institution must not coincide with or cause confusion with the name of the registered educational institution or the name of the enterprise implementing the investment project; do not use words and signs that violate the historical, cultural, ethical and fine traditions of the Vietnamese nation.

3. The foreign-invested educational institution has its transaction name in Vietnamese and its international transaction name in English (or in another common foreign language) with equivalent content.

4. The Minister of Education and Training considers and decides on the naming of a number of special educational institutions.

Article 30. Term of operation

The duration of operation of a foreign-invested educational institution shall not exceed 50 years from the date of issuance of the investment registration certificate, but not longer than the land lease term.

Article 31. Order of establishment permission

1. The permission for the establishment of short-term foreign-invested training and retraining establishments shall be made in the following order:

a) Issuing an investment registration certificate;

b) Issue decisions to permit educational activities and announce them on the website of the licensing agency.

2. The permission of foreign diplomatic missions and intergovernmental international organizations permitted to operate in Vietnam to set up preschools and general education institutions shall comply with the following order. :

a) Issuing the decision to permit the establishment;

b) Issue decisions to permit educational activities and announce them on the website of the licensing agency.

3. The permission for the establishment of a preschool, general education institution or a foreign-invested higher education institution shall be made in the following order:

a) Issuing an investment registration certificate;

b) Issuing the decision to permit the establishment;

c) Issue decisions to permit educational activities and announce them on the website of the licensing agency.

4. The permission to open a branch of a foreign-invested higher education institution is done in the following order:

a) Issuing an investment registration certificate;

b) Issue decision on permission to establish branch of higher education institution;

c) Issue the decision to permit the operation and announce it on the website of the licensing agency.

Article 32. Rights and obligations of foreign-invested educational institutions

1. To have their legitimate rights and interests protected in accordance with Vietnamese law and international treaties to which Vietnam is a contracting party.

2. To be subject to the territorial administrative management of the People's Committee of the province; operates and is subject to state management in accordance with Vietnamese law.

3. To publicly perform commitments on education quality, conditions for education quality assurance, and financial revenues and expenditures. Be responsible for refunding learners' expenses paid in case of providing training programs that do not guarantee the educational quality as committed.

4. Ensure the legitimate rights and interests of learners, officials, lecturers, teachers and employees in case of termination or forced termination of activities before the deadline.

5. Create favorable conditions for the operation of political organizations, socio-political organizations established and operating under Vietnamese law at foreign-invested educational institutions.

6. Before November 30 every year, report directly to the state management agency on the comprehensive development of the establishment and give full explanations when requested by the state management agency. The report includes the following main contents: The implementation of the decision to allow the operation, the organizational structure, the teachers and lecturers, the number of enrollments, the organization of teaching and learning, the learning outcomes of the students. students, students, graduate students, doctoral students, number of graduates, graduation rate, diplomas awarded, financial statements, difficulties and advantages in the process of implementation, proposals, request. Reporting is done online and in writing.

7. Other rights and obligations as prescribed by Vietnamese law.

Section 2: AUTHORITY AND PROCEDURES FOR EVALUATION OF EDUCATIONAL CONDITIONS FOR INVESTMENT REGISTRATION CERTIFICATE

Article 33. Education requirements for issuance of investment registration certificates

1. In accordance with the planning of the network of educational institutions approved by the competent authority.

2. Satisfy the provisions of Article 3 of this Decree.

Article 34. Competence and procedures for assessing education conditions

1. For a project to establish a higher education institution, the agency issuing the investment registration certificate shall submit it to the Ministry of Planning and Investment for appraisal opinions of the Ministry of Education and Training and relevant agencies. agencies to summarize and submit to the Prime Minister for decision on investment policies.

2. For a project to establish a branch of a foreign-invested higher education institution, the investment registration certificate-issuing agency must seek appraisal opinions from the Ministry of Education and Training.

3. For investment projects on the establishment of short-term training and retraining institutions; preschool educational institutions; General education institutions and investment registration certificate-issuing agencies must obtain appraisal opinions from the Department of Education and Training.

4. Dossier, order and procedures for applying for an investment registration certificate shall comply with the provisions of the Investment Law.

Section 3: CONDITIONS FOR PERMIT TO ESTABLISHING FOREIGN INVESTMENT INSTITUTIONS

Article 35. Investment capital

1. An investment project on the establishment of a preschool education institution must have an investment rate of at least VND 30 million/child (excluding land use costs). The minimum total investment capital is calculated based on the time with the highest expected scale. The investment capital plan must be suitable to the expected scale of each period.

2. Investment projects on the establishment of general education institutions must have an investment rate of at least VND 50 million/student (excluding land use costs). The minimum total investment capital is calculated based on the time with the highest expected scale, but not less than VND 50 billion.

3. Investment projects on the establishment of short-term training and retraining establishments must have an investment rate of at least 20 million VND/student (excluding land use costs). The minimum total investment capital is calculated based on the time with the highest expected scale.

4. Investment projects on establishment of higher education institutions must have a total investment capital of at least 1.000 billion VND (excluding land use costs). Foreign-invested economic organizations that are project investors shall demonstrate their financial capacity in accordance with the Law on Investment. By the time of appraisal to allow the establishment of the university, the investment value must be over VND 500 billion.

5. Investment projects applying to establish a branch of a foreign-invested higher education institution in Vietnam must have a minimum investment capital of VND 250 billion (excluding land use costs). By the time of appraisal to allow the establishment of a university branch, the investment value must be over VND 150 billion.

6. For foreign-invested educational institutions that do not build new facilities but rent them out or contribute capital by the Vietnamese party with existing facilities to carry out their operations, the investment level must reach at least 70% of the levels specified in Clauses 1, 2, 3 and 4 of this Article.

Section 4: ASSURANCE OF THE EDUCATIONAL QUALITY OF FOREIGN-INVESTED EDUCATION INSTITUTIONS

Article 36. Facilities and equipment

1. For short-term training and retraining institutions:

a) Having appropriate classrooms in terms of lighting, furniture, equipment and teaching aids;

b) Having an area used for learning and teaching to be at least 2,5 m . on average²/students for short-term training and retraining institutions;

c) There are offices of the board of directors, leaders, teachers' rooms, libraries and other functional rooms.

2. For preschool educational institutions:

a) The school is concentrated in one location with a good environment. The school construction site area is determined on the basis of the number of class groups and the number of children with an average of at least 08 mXNUMX.²/child for cities, towns and 12 m²/child for rural areas;

b) Having classrooms, children's bedrooms and functional rooms suitable in terms of area, light, tables and chairs, equipment and utensils for child care and education;

c) Having the school office, administrative department, administrative office, medical room, security room, and staff room suitable in terms of area, equipment and utensils for the management of the school. , care, nurture and educate children;

d) Having an appropriate clean water system, drainage system, restrooms, and sanitary equipment to ensure safety and cleanliness, meeting all activities of the school;

dd) Having a kitchen organized according to a one-way operation process with suitable equipment and utensils, ensuring food hygiene and safety if the school organizes cooking for children;

e) Having a playground, a wall surrounding the school area, a school gate with a school sign clearly stating the name of the school as prescribed in Article 29 of this Decree;

g) There are trees in the school area. All construction designs and equipment, utensils and toys of the school must ensure absolute safety for children.

3. For general education institutions:

a) The school is concentrated in one location with a good environment. The school construction site area is determined on the basis of the number of classes, number of students and regional characteristics, with an average level of at least 06 mXNUMX.²/student for city, town and 10 m area²/student for rural areas;

b) Having an area used for learning and teaching to ensure an average level of at least 2,5 m .²/pupil;

c) Having appropriate school offices, administrators, teachers' rooms, and meeting rooms;

d) Having subject classrooms (for junior high schools and high schools), libraries, tables and chairs, equipment and teaching aids, ensuring the standards according to current regulations of the Ministry of Education and Training. Education and Training;

dd) There is a multi-purpose gymnasium, art education room, information technology room, room to support the education of disabled students, inclusive learning, and school health room. There is a canteen, a room for lunch breaks if a boarding school is organized;

e) Having a system of clean water and toilets suitable to the size of the educational institution, ensuring the conditions on standards according to current regulations of the Ministry of Education and Training;

g) There is a playground, training ground, and parking area with an area of at least 30% of the total area of the school grounds. There is a wall around the school area, there is a school gate with a school sign clearly stating the school's name as prescribed in Article 29 of this Decree.

4. For higher education institutions and branches of foreign-invested higher education institutions in Vietnam:

a) The average area of land for construction of the school is at least 25 m²/student at the time with the highest training scale in the school development plan;

b) Average building area is at least 09 m²/student, in which the study area is at least 06 m²/student, the student's living and housing area is at least 03 m²/student;

c) Having a sufficient number of lecture halls, classrooms, and functional rooms that are suitable and meet training requirements by industry and method of training organization;

d) There are enough working rooms, administrative areas and management boards to ensure that the organizational structure of departments, departments, faculties and professional subjects are satisfied, and the area is at least 08 m²/People;

dd) There are halls, libraries, experimental, practice and practice facilities and other physical facilities meeting the requirements of training programs and scientific and technological activities;

e) Having canteens, construction works for entertainment, sports, cultural activities and medical and service works to serve daily activities for officials, lecturers and students;

g) Having a technical work zone, garage for cars, motorbikes and bicycles.

5. Renting facilities:

Foreign-invested educational institutions are allowed to rent stable facilities for a period of at least 05 years and must ensure that the facilities meet the requirements of Clauses 1, 2, 3 and 4 of Article XNUMX. this.

Article 37. Education program

1. The educational program conducted at the foreign-invested educational institution must reflect the educational objectives and must not contain any content that is harmful to national defense, security or the interests of the community; not propagate religion, distort history; must not adversely affect the culture, morality, fine customs and traditions of Vietnam and must ensure the connection conditions between education levels and training levels.

2. Foreign-invested educational institutions may organize teaching:

a) The educational program of Vietnam according to the provisions of Vietnamese law;

b) Foreign preschool and general education programs, for educational institutions specified in Clauses 2 and 3, Article 28 of this Decree;

c) Foreign short-term training and retraining programs; training programs at university, master and doctoral levels of foreign countries within the framework of training links with foreign countries.

3. The Minister of Education and Training shall prescribe compulsory education and training contents for learners who are Vietnamese citizens studying in preschools, general education institutions and institutions. higher education institutions and branches of foreign-invested higher education institutions.

Article 38. Team of teachers

1. For short-term training and retraining institutions:

a) Teachers must have at least a college degree or equivalent, with a training discipline suitable to their assigned teaching expertise;

b) The maximum converted student/teacher ratio is 25 students/teacher.

2. For preschool educational institutions:

a) Teachers must have at least a college degree in preschool pedagogy or equivalent;

b) The maximum number of children in a group or class is specified as follows:

For children of preschool age:

– Children from 03 to 12 months old: 15 children/group;

– Children from 13 to 24 months old: 20 children/group;

– Children 25 – 36 months old: 25 children/group.

For children of preschool age:

– Children 03 – 04 years old: 25 children/class;

– Children 04 – 05 years old: 30 children/class;

- Children 05 - 06 years old: 35 children/class.

c) The number of teachers in a group or class is specified as follows:

– For children of kindergarten age: 05 children/teacher;

– For children of preschool age: 10 – 12 children/teacher.

3. For general education institutions:

a) Teachers must have at least a pedagogical university degree or equivalent;

b) The minimum number of teachers must ensure the ratio: 1,5 teachers/class for primary schools, 1,95 teachers/class for junior high schools and 2,25 teachers/class for secondary schools. with high school;

c) The number of students/class does not exceed 30 students/class for primary school, 35 students/class for junior high school and high school.

4. For higher education institutions:

a) Lecturers must have at least a master's degree or higher, in which the proportion of lecturers with a doctorate degree is not less than 50% of the total number of lecturers, except for specific training disciplines prescribed by the Minister of Education and Training. create decision review;

b) The maximum student/faculty ratio is 10 students/lecturer for gifted training majors, 15 students/lecturer for science, engineering and technology training majors, 25 students /lecturer for social sciences, humanities and economics - business administration;

c) The educational institution must have a sufficient number of permanent lecturers to undertake at least 60% of the program volume of each training discipline;

d) Foreign lecturers teaching at foreign-invested higher education institutions must have university teaching experience in the same field of teaching, except for the case specified at Point dd of this Clause;

dd) Lecturers who are native speakers of foreign languages who teach foreign language skills at higher education institutions must have a university degree or higher and an appropriate foreign language teaching certificate.

Article 39. Admission of Vietnamese students

Educational institutions specified in Clauses 2 and 3, Article 28 of this Decree are allowed to accept Vietnamese students into foreign educational programs. The number of Vietnamese students studying a foreign educational program must be less than 50% of the total number of students studying a foreign educational program at an educational institution.

Vietnamese students studying foreign education programs must learn compulsory contents as prescribed in Clause 3, Article 37 of this Decree.

Section 5: AUTHORITY, DOCUMENTS, PROCEDURES FOR PERMIT TO ESTABLISHING FOREIGN-INVESTED EDUCATION INSTITUTION

Article 40. Authority to permit establishment

1. The Prime Minister shall decide to permit the establishment of foreign-invested higher education institutions.

2. The Minister of Education and Training shall decide to permit the establishment of preschool or general education institutions at the request of foreign diplomatic missions or intergovernmental international organizations.

3. Presidents of provincial-level People's Committees shall decide to permit the establishment of preschool and general education institutions, except for preschool and general education institutions specified in Clause 2 of this Article. this.

Article 41. Dossier of application for establishment permit

1. For preschool education institutions and general education institutions established by foreign diplomatic missions or intergovernmental international organizations, a dossier includes:

a) An application form for permission to establish an educational institution, made according to Form No. 13 in the Appendix to this Decree;

b) A scheme on establishment of an educational institution, made according to Form No. 14 in the Appendix issued with this Decree, clearly specifying: The name of the educational institution; educational goals and tasks; scope of educational activities; diplomas, certificates will be granted; Estimated organizational structure, management and administration. The specific plan for construction, development and training scale of the educational institution in each period is expected to be specified, clarifying its ability to meet the contents of education quality assurance specified in Article 36, 37 and 38 of this Decree;

c) A certified true copy or a copy enclosed with the original for comparison of the written approval of the establishment of the educational institution in the locality and the approval in principle of land lease issued by the People's Committee of the province where the institution is located. the educational institution to be established or to agree on the principle of leasing land or available facilities in accordance with the provisions of Clause 5, Article 36 of this Decree;

d) Documents proving financial capacity according to the level specified in Article 35 of this Decree.

2. For a preschool educational institution, a general education institution and a foreign-invested higher education institution, a dossier includes:

a) An application form for permission to establish an educational institution as prescribed at Point a, Clause 1 of this Article;

b) A certified copy or a copy enclosed with the original for comparison of the investment registration certificate;

c) The scheme on establishment of the educational institution as prescribed at Point b, Clause 1 of this Article;

d) A certified true copy or a copy enclosed with the original for comparison of the written approval of land lease issued by the People's Committee of the province in the case of construction of physical facilities (in which the address is clearly identified). , area and boundary of the land area) or agree on the principle of renting available facilities in accordance with the provisions of Clause 5, Article 36 of this Decree and relevant legal papers;

dd) The plan on the physical facilities of the educational institution or the investment project on the construction of the facilities, including the explanation and detailed design of the educational institution;

e) Documents proving financial capacity according to the level specified in Article 35 of this Decree.

Article 42. Procedures for establishment permit

1. Investor sends 01 application in person or by post to:

a) The Ministry of Education and Training, for an application file for permission to establish: a higher education institution; preschool education institutions, general education institutions, which are requested to be established by foreign diplomatic missions or intergovernmental international organizations;

b) Department of Education and Training, for the application file for permission to establish: preschool educational institution, primary school, junior high school, high school, high school with many levels of education, except for preschool and general education institutions specified at Point a, Clause 1 of this Article.

2. The order of establishment permission is done as follows:

a) Within 05 working days from the date of receipt of a complete dossier as prescribed in Article 41 of this Decree, the dossier-receiving agency shall check the validity of the dossier and send the dossier for opinions. of relevant agencies and units;

b) In case the dossier is incomplete as prescribed, within 05 working days from the date of receipt of the dossier, the dossier-receiving agency shall notify in writing in person or by post or by email. death for investors;

c) Within 10 working days after receiving the written request for opinions from the dossier-receiving agency, the consulted agency or unit must give a written reply;

d) Within 30 working days from the day on which the complete application is received, the application-receiving agency shall make a report on appraisal of the dossier and submit it to the competent authority as prescribed in Article 40 of this Decree for consideration and decision. permit the establishment of foreign-invested educational institutions using Form No. 15 in the Appendix to this Decree;

dd) In case the application is not approved, within 05 working days from the date of receipt of the competent authority's opinion, the application-receiving agency shall send a written notice directly or by post to the applicant. investors, clearly stating the reasons.

3. After 02 years, for educational institutions specified in Clauses 2 and 3, Article 28; 04 years for the educational institution specified in Clause 4, Article 28 from the effective date of the decision on permission to establish, if the educational institution is not permitted to conduct educational activities, the decision to permit the establishment of the institution shall be made. education expires.

Section 6: DOCUMENTS, PROCEDURES, AUTHORITIES FOR PERMIT TO ESTABLISHING THE BRANCH OF FOREIGN INVESTED EDUCATION INSTITUTIONS IN VIETNAM

Article 43. Dossier of application for establishment of a branch

1. An application form for permission to establish a branch, made according to Form No. 13 in the Appendix to this Decree.

2. A certified copy or a copy enclosed with the original for comparison of the investment registration certificate associated with the branch opening.

3. A certified true copy or a copy enclosed with the original for comparison of the educational quality accreditation paper or the educational quality recognition paper issued by a competent Vietnamese or foreign agency.

4. Proposal for establishment of a branch, made according to Form No. 14 in the Appendix issued with this Decree, clearly stating: Name of the branch; educational goals and tasks; proposed structure of organizational structure, management, administration and educational activities at the branch; Estimated specific plans for construction, development and training scale of the branch in each period, the ability to meet the conditions for education quality assurance specified in Articles 36, 37 and 38 of this Decree. ; The list of expected lecturers is suitable for the size of the training program.

5. Documents proving financial capacity according to the level specified in Article 35 of this Decree.

6. A certified copy or a copy enclosed with the original for comparison of the written approval to lease land for the construction of a branch or an agreement on the principle of renting available facilities in accordance with the provisions of Clause 5 of this Article. 36 Article XNUMX of this Decree and relevant legal papers.

7. Investment project on construction of facilities, including explanation and detailed design of the educational institution's branch in the case of construction of physical facilities.

Article 44. Competence and procedures for permitting the establishment of a branch

1. Authority to authorize branch establishment

The Minister of Education and Training decides to allow the establishment of branches of foreign-invested higher education institutions.

2. Procedures for allowing branch establishment

a) The investor sends 01 set of dossiers directly or by post to the Ministry of Education and Training;

b) Within 05 working days from the date of receipt of complete and valid dossiers, the receiving agency shall send the dossiers to relevant agencies and units for opinions; In case the dossier is incomplete as prescribed in Article 43 of this Decree, within 05 working days, the dossier-receiving agency shall send a written notice directly or by post or email to the investor. private;

c) Within 10 working days after receiving the written request for opinions from the dossier-receiving agency, the consulted agency or unit must give a written reply;

d) Within 25 working days from the date of receipt of complete and valid dossiers, the dossier-receiving agencies shall make appraisal reports and submit them to competent authorities for consideration and decision;

dd) Within 05 working days after receiving the appraisal report, the competent authority shall consider and decide on the permission to establish the branch;

e) In case the application is not approved, within 05 working days from the date of receipt of the competent authority's opinion, the application-receiving agency shall send a written notice directly or by post to the applicant. investors, clearly stating the reasons.

3. After 04 years for the branch specified in Clause 5, Article 28 from the effective date of the decision on permission to establish, if the branch is not allowed to conduct educational activities, the decision to allow the establishment of the branch shall expire. effect.

Section 7: CONDITIONS, DOCUMENTS, AUTHORITY, PROCEDURES FOR PERMITTING EDUCATIONAL ACTIVITIES

Article 45. Conditions for permitting educational activities

1. Having a decision permitting the establishment of an educational institution or an investment registration certificate and an enterprise registration certificate, for short-term training and retraining institutions.

2. Having investment capital, physical facilities, equipment, educational programs, and a contingent of teachers that meet the requirements of Articles 35, 36, 37 and 38 of this Decree.

3. Having regulations on organization and operation of the educational institution.

Article 46. Dossier for registration of educational activities

1. An application for registration of educational activities, made according to Form No. 16 in the Appendix to this Decree.

2. A certified true copy or a copy enclosed with the original for comparison of the decision on permitting the establishment of a foreign-invested educational institution; a certified true copy or a copy enclosed with the original for comparison of the investment registration certificate and the enterprise registration certificate, for foreign-invested short-term training and retraining institutions.

3. Regulations on organization and operation of educational institutions.

4. Report on the progress of the investment project, the situation of capital contribution and borrowing, and the total amount of realized investment capital.

5. A report explaining that the educational institution or branch of the higher education institution has satisfied the contents specified in Articles 35, 36, 37 and 38 of this Decree, and enclosed with:

a) List of principals (directors), vice-chancellors (deputies of directors), heads of faculties, departments and divisions and chief accountant. For the application file for an educational operation license of the branch of a higher education institution, it is necessary to add a list of officers in charge of the branch and the structure and organizational structure of the branch;

b) List and personal curriculum vitae of officials, teachers, lecturers (organic, visiting lecturers);

c) Description of education level, training level, training branch;

d) Program, teaching plan, learning materials, list of textbooks and key references;

dd) Enrollment subjects, regulations and enrollment time;

e) Regulations on training;

g) Training scale (students, students, trainees);

h) Regulations on tuition fees and related fees;

i) Regulations on examination, assessment and recognition of completion of subject programs, modules and training levels;

k) Templates of diplomas and certificates to be used.

Article 47. Competence to permit educational activities

1. The Minister of Education and Training permits educational activities for higher education institutions and branches of foreign-invested higher education institutions.

2. The director of the Department of Education and Training permits educational activities for:

a) Short-term training and retraining establishments;

b) Pre-school educational institutions, primary schools, junior high schools, high schools, and high schools with many levels of education;

c) Pre-school education institutions, general education institutions established by foreign diplomatic missions or intergovernmental international organizations.

Article 48. Procedures for permitting educational activities

1. The investor shall send 01 application for operation registration in person or by post to:

a) The Ministry of Education and Training, for the application for registration of educational activities of the higher education institution and the branch of the foreign-invested higher education institution;

b) The Department of Education and Training, for the application for registration of educational activities of the short-term training and retraining institution; preschool and general education institutions; preschool and general education institutions established by foreign diplomatic missions or intergovernmental international organizations.

2. Within 20 working days from the date of receipt of a complete dossier as prescribed in Article 46 of this Decree, the dossier-receiving agency shall assume the prime responsibility for, and coordinate with relevant agencies and units in, appraising the dossiers. prescribed conditions for submission to competent authorities for consideration and decision on permission to operate according to Form No. 17 in the Appendix issued together with this Decree.

In case the dossier is incomplete, within 05 working days from the date of receiving the dossier, the dossier-receiving agency shall send a written notice directly or by post or email to the investor.

In case the educational institution has not yet met the conditions for operation, within 05 working days from the date of receipt of the opinion of the competent authority, the application-receiving agency shall reply in writing to the investor, stating the reasons therefor.

Article 49. Supplementing and adjusting the decision on permission for educational activities

1. Persons competent to decide on permission for educational activities are competent to decide to supplement or adjust educational activities.

2. In case the foreign-invested educational institution or its branch wishes to supplement or adjust the contents of the decision on permission for educational operations, The application file includes an application form with contents and reasons for addition or adjustment, together with the papers specified in Clauses 2, 3, 4 and 5, Article 46 of this Decree.

3. Within 20 working days from the date of receipt of a complete dossier as prescribed in Clause 1 of this Article, the dossier-receiving agency shall organize the appraisal according to regulations and submit it to the competent authority specified in Article 47 for review. consider and decide.

In case the higher education institution is not eligible to supplement or adjust the decision on permitting educational operations, within 05 working days from the date of receiving the opinion of the competent authority, the receiving agency shall: receive a dossier with a written reply, clearly stating the reason.

Section 8: SUPPLEMENTATION, DISSOLUTION, TERMINATION OF FOREIGN-invested educational institutions

Article 50. Suspension of educational activities of foreign-invested educational institutions

1. Persons competent to permit educational activities shall have the authority to suspend educational activities.

2. Foreign-invested educational institutions shall have their educational activities suspended when committing one of the following violations:

a) Committing fraudulent acts to obtain the establishment or permission to establish or permit educational activities;

b) Failing to meet one of the conditions to be permitted to conduct educational activities specified in this Decree;

c) The person who authorizes educational activities is not authorized;

d) Violations against the provisions of the law on education shall be administratively sanctioned to the extent that the operation must be suspended;

d) Other cases as prescribed by law.

3. The decision to suspend educational activities must clearly state the reason for the suspension, the duration of the suspension, measures to ensure the interests of learners, teachers, administrators and employees in the educational institution. brand name of the higher education institution and must be publicly announced in the mass media.

4. Foreign-invested educational institutions or branches of foreign-invested higher education institutions are allowed to resume operations when the violations that lead to the suspension of educational activities are remedied. .

5. A dossier of request for resumption of educational activities includes:

a) An application form for permission to resume educational activities, clearly stating the results of remedial actions leading to the suspension;

b) Decide on the establishment of the inspection team;

c) Inspection record.

6. Persons competent to suspend educational activities are competent to permit educational institutions to resume educational activities.

7. Within 20 working days after receiving a complete application for permission to resume educational activities, the application-receiving agency shall assume the prime responsibility for, and coordinate with relevant agencies and units in appraising. and submit to competent authorities for consideration and decision.

In case the educational institution has not yet met the conditions for re-operation, within 05 working days from the date of receiving the opinion of the competent authority, the application-receiving agency shall reply in writing to the investor. fourth, clearly stating the reason.

Article 51. Dissolution and termination of operation of foreign-invested educational institutions

1. Persons competent to permit the establishment of preschool educational institutions, general education institutions, higher education institutions and branches of foreign-invested higher education institutions shall have the competence decide to dissolve that educational institution. Persons competent to permit the operation of short-term foreign-invested training and retraining establishments shall have the authority to terminate the operation of such establishments.

2. Dissolution of preschool educational institutions, general education institutions, higher education institutions and branches of foreign-invested higher education institutions; terminate the operation of short-term foreign-invested training and retraining establishments in the following cases:

a) At the request of organizations or individuals establishing foreign-invested educational institutions, branches of foreign-invested higher education institutions;

b) Serious violations of the provisions of law or regulations on management, organization and operation of the educational institution or its branch;

c) The suspension period stated in the decision on suspension of educational activities expires but the cause leading to the suspension cannot be remedied;

d) The objectives and contents of the operation in the decision to allow the establishment or the decision to permit the operation are no longer consistent with the requirements of socio-economic development of the country;

dd) Failure to properly perform the commitments shown in the approved project after 05 years from the effective date of the decision on establishment or approval of establishment.

3. A dossier of request for dissolution or termination of operation of a foreign-invested educational institution includes:

a) An application for dissolution or termination of operation of the educational institution;

b) A plan for dissolution or termination of operation of the foreign-invested educational institution, clearly stating measures to ensure the legitimate interests of learners, teachers, administrators and employees; financial and property settlement plans.

4. Procedures for dissolution or termination of operation of a foreign-invested educational institution are as follows:

a) The application for dissolution of a higher education institution, branch of a foreign-invested higher education institution, preschool education institution or general education institution shall be submitted by the competent authority. If a foreign diplomatic representative or an intergovernmental international organization is established, the investor shall send 01 set of documents directly or by post to the Ministry of Education and Training;

b) For the application for termination of operation of the short-term training and retraining institution or the application for dissolution of the preschool or general education institution, except for the case specified at Point a. a, Clause 4 of this Article, the investor shall send 01 set of dossiers directly or by post to the Department of Education and Training;

c) Within 30 working days from the day on which the complete application is received, the application-receiving agency shall preside over the appraisal and submit it to the competent authority for consideration and decision.

Within 05 working days from the date of receiving the dossier, if the dossier does not meet the prescribed requirements, the dossier-receiving agency shall send a written notice directly or by post or email to the applicant. invest.

5. In case the educational institution violates one of the contents specified at Points b, c, d and dd, Clause 2 of this Article, the competent agency shall organize the inspection of the violated contents and consider, decide or submit to competent authorities for consideration and decision.

6. The decision to dissolve or terminate the operation of an educational institution must clearly state the reason for the dissolution or termination of operation, and measures to ensure the legal rights of learners, teachers, administrators and staff. members and must be publicly announced in the mass media.

Chapter IV

REPRESENTATIVE OFFICE OF FOREIGN EDUCATION #

Article 52. Functions, tasks and powers

1. Foreign education representative offices have the function of representing foreign educational institutions and organizations in Vietnam.

2. Representative offices have the following tasks and powers:

a) Perform the function of liaison and cooperation between educational institutions and organizations of which the office is the representative with Vietnamese educational institutions through the promotion of development of cooperation programs and projects in the field of education and training. education Department;

b) Organize exchange, consultation, information exchange, seminars and exhibitions in the field of education to introduce foreign educational institutions and organizations of which the office is a representative;

c) Urging and supervising the implementation of educational cooperation agreements signed with Vietnamese educational institutions;

d) Not allowed to conduct profitable educational activities directly in Vietnam and not allowed to establish a branch directly under a representative office of a foreign educational institution in Vietnam;

dd) Periodically, before November 30 each year, report in detail in writing to the Department of Education and Training where the representative office is located and the Ministry of Education and Training on the operation of the representative office, at the same time is responsible for providing information, documents and related issues at the request of Vietnamese competent authorities. The reporting is done online and in writing;

e) Other obligations as prescribed by law

Article 53. Conditions for allowing foreign educational institutions and organizations to establish representative offices in Vietnam

1. Having legal person status.

2. Having conducted educational activities for at least 05 years in the host country; has been accredited for educational quality or has been recognized by a competent authority for education quality.

3. Having clear charters, principles and operational purposes.

4. Having regulations on organization and operation of the representative office to be established in Vietnam in accordance with the provisions of Vietnamese law.

5. Having a legal representative office's office location and ensuring security, order, occupational safety and health as prescribed by law.

Article 54. Dossier of application for establishment permit

1. An application for permission to establish a representative office of foreign education in Vietnam includes:

a) An application form for permission to establish a representative office, made according to Form No. 18 in the Appendix to this Decree;

b) A document proving the legal status of the foreign educational institution or institution; a certified true copy or a copy enclosed with the original for comparison purposes of the operation charter of the foreign educational institution or institution; the certificate of educational quality accreditation of the foreign educational institution or the document recognizing the educational quality of a competent agency; report summarizing the formation and development of foreign educational institutions and institutions;

c) Draft regulations on organization and operation of foreign education representative offices in Vietnam;

d) A document introducing the person to be the head of the representative office of foreign education in Vietnam and the personal profile of the person being introduced.

2. The written certification issued by a foreign agency must be consularly legalized at the Ministry of Foreign Affairs of Vietnam or its diplomatic mission, consular office or agency authorized to perform consular functions. Vietnam abroad, unless otherwise provided for in an international treaty to which the Socialist Republic of Vietnam is a signatory.

Article 55. Naming of foreign education representative offices

The name of the representative office of foreign education includes the following elements arranged in the following order: “Representative office”, “Name of the foreign educational institution or institution” and “in Vietnam. "

Article 56. Term of operation

The operation term of a representative office shall not exceed 05 years from the date of issuance of the license and may be extended, each extension shall not exceed 05 years.

Article 57. Competence related to the establishment and operation of representative offices

The Minister of Education and Training shall grant, extend, amend and supplement the decision permitting the establishment of representative offices of foreign educational institutions and institutions in Vietnam.

Article 58. Procedures for establishment permit

1. Foreign educational institutions and organizations requesting permission to establish representative offices in Vietnam shall send 01 set of dossiers directly or by post to the Ministry of Education and Training.

2. Within 30 working days from the date of receipt of a complete dossier as prescribed, the Ministry of Education and Training shall appraise, consider and decide to permit the establishment of a representative office of foreign education according to Form No. 19 in the Appendix issued with this Decree. In case the establishment is not allowed, the application-receiving agency shall reply in writing, clearly stating the reason.

3. If the application is incomplete as prescribed in Article 54 of this Decree, within 05 working days, the Ministry of Education and Training shall notify in writing and send it directly or by post or email to the applicant. foreign educational institutions and organizations.

Article 59. Operation registration

1. Within 20 working days from the effective date of the decision permitting the establishment of a representative office of foreign education, the organization or educational institution that establishes a representative office must carry out procedures for registration of operation. Work with the Department of Education and Training where the representative office of foreign education is located.

2. An operation registration dossier of a foreign education representative office includes:

a) An application for operation registration of a foreign education representative office, made according to Form No. 20 in the Appendix to this Decree;

b) A certified true copy or a copy enclosed with the original for comparison of the decision permitting the establishment of a representative office of foreign education and a copy of the application file for the decision to permit the establishment of a representative office of foreign education; foreign education sent to the Ministry of Education and Training;

c) The decision to appoint the head of the representative office of foreign education and the personal history of the appointee;

d) Personnel working at foreign education representative offices and personal resumes;

dd) The specific location of the foreign education representative office and relevant legal papers.

3. Within 10 working days from the date of receiving the operation registration dossier of the foreign education representative office, the director of the Department of Education and Training shall consider and decide to grant the operation registration certificate. Act according to Form No. 21 in the Appendix issued with this Decree and notify it on the agency's web portal. In case of refusal to issue an operation registration certificate, the application-receiving agency shall reply in writing, clearly stating the reason.

4. In case the dossier is incomplete as prescribed in Clause 2 of this Article, within 05 working days, the dossier-receiving agency shall notify in writing and send it directly or by post or email to the organization. foreign educational institutions.

Article 60. Amendment, supplementation and extension of the decision on approval of establishment

1. Foreign educational institutions and organizations must register for amendment, supplementation or extension of the decision on permitting the establishment of a representative office of foreign education in the following cases:

a) Changing the name, head or location of the head office of the foreign educational institution or institution within the country in which the foreign educational institution or institution is established;

b) Change of name, head or location of head office of foreign education representative office in Vietnam;

c) The operation duration specified in the decision permitting the establishment of a foreign education representative office expires.

2. Persons competent to permit the establishment of representative offices are competent to permit amendments, supplements and extension of establishment permits.

3. The extension of the decision on permitting the establishment of a representative office of foreign education must be done within 06 months before the expiry of the decision permitting the establishment.

4. Dossier of application for amendment, supplementation or extension of the decision on permitting the establishment of a representative office of foreign education includes:

a) An application form from the foreign educational institution or institution, clearly stating the contents and reasons for the amendment, supplement or extension of the decision on permitting the establishment of a foreign education representative office;

b) The decision permitting the establishment of a representative office of foreign education or a copy;

c) The operation registration certificate of the foreign education representative office or a copy in case the operation has been registered;

d) Detailed report on the operation of the representative office.

5. Within 20 working days from the day on which the complete application is received, the competent authority shall consider and decide to permit the amendment, supplementation or extension of the decision to establish a representative office of foreign education. In case of disallowing modification, supplementation or extension, the application-receiving agency shall reply in writing, clearly stating the reason.

6. In case the dossier is incomplete as prescribed, within 05 working days from the date of receipt of the dossier, the dossier-receiving agency shall notify in writing sent directly or by post or email. for organizations and educational institutions.

Article 61. Termination of representative office operations

1. Persons competent to permit the establishment of foreign education representative offices in Vietnam are competent to terminate operations of representative offices of foreign education in Vietnam.

2. A representative office of foreign education shall terminate its operation in the following cases:

a) The expiration of the time limit stated in the decision on approval for establishment;

b) At the request of the foreign educational institution or organization to set up a representative office;

c) The decision to permit the establishment is revoked because of inactivity within 06 months from the date of first issuance or 03 months from the date of extension;

d) It is discovered that there is a forgery in the application file for permission to establish a representative office of foreign education;

dd) There are activities contrary to the contents of the decision on permission for establishment;

e) Violating other provisions of Vietnamese law.

3. Dossiers and procedures for requesting operation termination of a representative office

a) An application for termination of operation of the representative office, clearly stating the reason for the termination of operation;

b) A plan to terminate the operation, clearly stating the measures to ensure the legitimate interests of employees; financial and property settlement plans;

c) Within 20 working days after receiving the application for operation termination, the application-receiving agency shall consider and decide. In case the dossier is incomplete as prescribed, within 05 working days from the date of receipt of the dossier, the dossier-receiving agency shall send a written notice directly or by post or email to the dossier-receiving organization. institutions, educational institutions.

4. In case a representative office terminates its operation according to the provisions of Points c, d, dd and e, Clause 2 of this Article, the competent agency shall consider and decide to terminate the operation of the representative office.

5. The decision to terminate the operation must clearly identify the reason for the termination of operation, measures to ensure the legitimate rights and interests of the employees and must be publicly announced on the mass media.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 62. Responsibilities of the Ministry of Education and Training

1. Organize examination, inspection, supervision and evaluation of operation results, settlement of complaints and denunciations, commendation and reward and handling of violations of foreign cooperation and investment activities in the field of investment. education.

2. Report to the Prime Minister on the implementation of foreign cooperation and investment in the field of education.

Article 63. Responsibilities of the Ministry of Planning and Investment

Coordinate with the Ministry of Education and Training in performing the task of state management of foreign cooperation and investment in the field of education.

Article 64. Responsibilities of ministries, ministerial-level agencies and agencies attached to the Government

Ministries, ministerial-level agencies, and agencies attached to the Government shall, within the ambit of their tasks and powers, manage and coordinate with the Ministry of Education and Training, the Ministry of Planning and Investment in managing them. activities related to foreign cooperation and investment in the field of education.

Article 65. Responsibilities of the People's Committees of provinces and centrally run cities

1. The People's Committees of the provinces and centrally-run cities shall, within the ambit of their assigned powers, be responsible for managing cooperation and investment activities in the field of education in their respective localities.

2. The People's Committees of the provinces and centrally run cities shall make statistics and make annual reports before November 30 on foreign cooperation and investment activities in the field of education. to the Ministry of Education and Training and the Ministry of Planning and Investment.

Chapter VI

TERMS ENFORCEMENT

Article 66. Transitional provisions

1. In addition to complying with regulations on conditions, dossiers and procedures for establishment; educational activities; suspension, termination of educational activities, dissolution, educational institutions, branches of foreign-invested higher education institutions must comply with other relevant provisions in the Law on Education, the Law on Education and Training. higher education, Investment Law and guiding documents.

2. Joint training with foreign countries, joint organization of foreign language proficiency certificates approved or allowed to operate before this Decree takes effect, does not require re-approval .

3. Foreign-invested educational institutions, branches of foreign-invested higher education institutions, and foreign education representative offices that have been permitted to establish or permit educational activities before this Decree takes effect, it is not required to apply for permission to operate again.

4. Institutions applying for permission to associate training with foreign countries, foreign-invested educational institutions, branches of foreign-invested higher education institutions and foreign education representative offices Those who have submitted dossiers of application for approval, establishment and operation before this Decree takes effect, are not required to supplement their dossiers as prescribed in this Decree.

5. The scheme on establishment of a foreign-invested university has already been approved by the Prime Minister on investment policies before this Decree takes effect. in Clause 4, Article 35 of this Decree.

Article 67. Effect and implementation responsibilities

1. This Decree takes effect from August 01, 8 and replaces the Government's Decree No. 2018/73/ND-CP dated September 2012, 26 on foreign cooperation and investment. in the field of education and the Government's Decree No. 9/2012/ND-CP dated December 124, 2014 amending Clause 29, Article 12 of Decree No. 2014/6/ND-CP.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities, the relevant organizations and individuals shall be responsible for the implementation of this Decree. this decision.

Recipients:
- Party Central Committee Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies and government-attached agencies;
- People's Councils, People's Committees of provinces and centrally-run cities;
- Central Office and Party Committees;
- Office of the General Secretary;
- Office of the President;
- Ethnic Council and Committees of National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State audit;
- National Financial Supervisory Committee;
– Bank for Social Policy;
- Vietnam Development Bank;
- Central Committee of Vietnam Fatherland Front;
- Central agency of unions;
- VPCP: Chairman, Deputy Chairmen, TT Assistant, General Director of the Portal, departments, agencies, units, Official Gazette;
– Save: VT, KGVX (2b). MP

TM. GOVERMENT
PRIME MINISTER

Nguyen Xuan Phuc

APPENDIX

(Attached to the Decree No. XNXX / 86 / ND-CP dated 2018 month 06X year 6 of the Government)

Form name	Write comment here...
Sample number 01	Application for approval of educational association with foreign countries.
Sample number 02	Project on implementing educational links with foreign countries.
Sample number 03	Decision approving educational association with foreign countries.
Sample number 04	An application for extension (or adjustment) of educational links with a foreign country.
Sample number 05	Application for termination of educational association with foreign countries.
Sample number 06	Application for approval of training association with foreign countries.
Sample number 07	Project on implementation of training cooperation with foreign countries
Sample number 08	Application for approval of joint organization of foreign language proficiency certification exams
Sample number 09	Project on joint organization of foreign language proficiency certification exams
Sample number 10	Decision approving training association with foreign countries
Sample number 11	Application for extension (or adjustment) of foreign association
Sample number 12	Application form for termination of training association or joint organization of foreign language proficiency certification exam
Sample number 13	An application form for permission to establish a foreign-invested educational institution (or branch of a foreign-invested higher education institution)
Sample number 14	Scheme on establishment of a foreign-invested educational institution (or branch of a foreign-invested higher education institution)
Sample number 15	Decision to allow the establishment of foreign-invested educational institutions.
Sample number 16	Application for registration of operation of a foreign-invested educational institution.
Sample number 17	Decision on permitting educational activities of foreign-invested educational institutions
Sample number 18	Application form for permission to establish a representative office of foreign education
Sample number 19	Decision to allow the establishment of a representative office of foreign education
Sample number 20	Application for registration of operation of a representative office of foreign education
Sample number 21	Certificate of operation registration of the representative office of foreign education.

Sample number 01

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

………….., date ……. five …….

PROPOSAL

Approving educational links with foreign countries

To: …………..(1)…………..

We, the undersigned, represent the Affiliates, including:

Vietnamese side ………………………………(2)…………………………………………………………….

– Head office: ……………………………………………………………………………………………….

- Phone: ………………………………………………………………………………………………………….

- Fax: ………………………………………………………………………………………………………………………………………….

– Website: ………………………………………………………………………………………………..

– Decision on establishment: ………………(3)…………………………………………………….

Foreign party: ………….(4)……………………………………………………

– Head office: ……………………………………………………………………………………………….

- Phone:…………………………………………………………………………………………………………..

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

– License of establishment: ………………(5)…………………………………………………….

propose ………………(1)…………….. to consider and approve the educational link between …………..(2)………… and ………….(4)………… .. with the following content:

1. Objectives and scope of educational association: (objectives, level of study, enrollment scale, diplomas/certificates/certifications, expected time to deploy the association).

2. Lifetime of the link ………………………………………………………………………

3. Contents of the link (write summary):..............................................................................

We commit:

1. Take full responsibility for the truthfulness and accuracy of the contents of the Application Form and attached documents.

2. Strictly abide by the provisions of Vietnamese law.

Documents attached to this application include:

1. Agreement (Contract) on cooperation between the Affiliates;

2. Legal papers proving the legal status of the affiliated parties: A certified copy or a copy enclosed with the original for comparison, the decision to establish or permit the establishment of an educational institution or similar documents. other equivalents;

3. The certificate of quality accreditation of the foreign educational program or the quality recognition document issued by a competent foreign agency;

4. Integrated program to be implemented; foreign general education programs with integrated content;

5. The scheme of implementation of the association;

6. Other documents (if any).

PARTY VIETNAM
(Signature, seal)

First and last name

FOREIGN PARTY
(Signature, seal)

First and last name

Note:

(1) Name of the Department of Education and Training of the province/city that manages the Vietnamese educational institution;

(2) Name of Vietnamese educational institution;

(3) Number and symbol of the decision (or equivalent legal document) permitting the establishment of a Vietnamese educational institution, time and name of the agency issuing the document;

(4) Name of the foreign educational institution;

(5) Number and symbol of the legal document showing the legal status of the foreign educational institution (establishment/operation license or equivalent legal document), date and name of the issuing agency. copy.

Sample number 02

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

SCHEME

Implement educational links with foreign countries

(The sample includes the main contents, used for reference by the linking parties)

I. NEED

Describe the need to implement educational linkage

II. ABOUT THE LINKS

1. Introduction of affiliates.

2. The process of cooperation between the parties.

III. LINKED CONTENT

1. Objectives: Describe specifically the goals of the association to build and implement an integrated educational program, specific goals that students will achieve when participating in the integrated program, ensuring educational goals popular in Vietnam.

2. Enrollment subjects, enrollment scale.

3. Curriculum: Describe the integrated education program, compare Vietnamese educational programs, foreign educational programs, subjects, integrated content, advantages of the integrated program …

4. Methods: Describe how to implement the integrated program: Teaching, examination, testing, graduation, teaching cooperation between Vietnamese and foreign teachers...

5. Diploma/certificate: Sample of foreign diploma, certificate/certificate (if any) expected to be issued, equivalent of diplomas/certificates of the Vietnamese national education system.

6. Implementation plan/roadmap.

7. Facilities and equipment to be used for the link, the location of the link.

8. The team of teachers participating in joint teaching (the list of excerpts, the curriculum vitae attached in the appendix) meets the regulations.

9. Textbooks, reference materials, libraries and other conditions…

IV. FINANCE

1. Tuition fees.

2. Other sources of funding and investment.

3. Mechanism for management of revenues, expenditures and contributions (if any).

V. MEASURES FOR QUALITY ASSURANCE, RISK MANAGEMENT

1. Measures to ensure quality.

2. Risk management measures.

BECAUSE. LINK MANAGEMENT MECHANISM

1. Organizational structure to manage the association, representatives of the affiliated parties to participate in the management (enclosed with personal resume).

2. Responsibilities and powers of the affiliated parties.

3. Responsibilities and powers of teachers, learners and other stakeholders.

Attached Appendix.

Sample number 03

……………… ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: /QD-……..	……….., day month Year……..

DECISION

Approving educational links with foreign countries
….. (first) ……

PROVINCIAL/CITY DEPARTMENT OF EDUCATION AND TRAINING
……(2)…….

Base …………………………………………………………………………………………………………….. ;

Pursuant to the Government's Decree No. /2018/ND-CP dated May 2018 stipulating foreign cooperation and investment in the field of education;

Considering the proposal of …….(4)……. and …….(6)……. in the application file for approval of educational association … (1) ………… date ….. month …… …….;

Considering the proposal of ………….(3)……..,

DECISION:

Article 1. Approval of the link ……………(1)………… between the Parties:

Vietnamese side: ……………….(4)…………………………………………………….

– Head office: ……………………………………………………………………………………………….

- Phone: ……………………………………………………………………………………………………….

– Fax: ………………………………………………………………………………………………

– Website: ……………………………………………………………………………………………….

– Decision on establishment: ………………………………………(5)……………..

Foreign party: ……………….(6)………………..

– Head office: ……………………………………………………………………………………………….

- Phone: ………………………………………………………………………………………………………..

– Fax: ………………………………………………………………………………………………

– Website: ………………………………………………………………………………………………

– License of establishment: …………………………………(7)…………………………………………………….

Article 2. The Affiliates are responsible for complying with the laws of Vietnam, the commitments and plans presented in the Application for approval are linked with the following main contents:

1. Eligible candidates: ………………………………………(8)………………..

2. Time and curriculum: …………………….(9)…………………….

3. Language of instruction: ……………………………………………….(10)……………

4. Teaching staff: ………….(11)………………..

5. Size of teaching: ……………………(12)…………………….

6. Teaching location: …………………………………………………….(13)……………..

7. Diploma/certificate: ………………………………………(14)……………..

8. Funding for training and financial management: ……………………(15)…………………….

Article 3. After each school year ………….(16)…………… is responsible for reporting to the Department of Education and Training on activities related to the organization, implementation and management of the association and periodically 6 Once a month, the Ministry of Education and Training shall update the database on educational links with foreign countries.

………….(17)………… is responsible for inspecting and coordinating with relevant units to inspect the organization, implementation and management of the association of the affiliated parties under this Decision and Approved link profile.

Article 4. The term of operation of the link is …………………………………………………….

Article 5. Effect of the decision; agencies, units and individuals are responsible for implementing the decision.

Recipients:
- As Article 5;
– ……………………;
– ……………………;
– Save: VT, ………….

MANAGER
(Signature, seal)

First and last name

Note:

(1) Name of educational affiliation;

(2) Name of province/city;

(3) The head of the unit in charge of drafting the Decision approving the association;

(4) Name of the Vietnamese affiliated party;

(5) Number and symbol of the legal document showing the legal status of the Vietnamese educational institution, the time and name of the agency issuing the document;

(6) Name of the foreign affiliate;

(7) Number and symbol of the legal document showing the legal status of the foreign educational institution, the time and name of the agency issuing the document;

(8) Subjects and requirements on entry level, foreign language ability and other requirements;

(9) Length of study (school year or semester), length of educational program;

(10) Language used in the teaching process;

(11) Regulations on teachers participating in teaching (professional qualifications and ability to use foreign languages);

(12) Expected number of annual enrollments;

(13) Location of implementation of the link;

(14) Name of diploma/certificate/certification and issuing institution;

(15) Tuition fees (full course or academic year), funding sources (if any);

(16) Name of Vietnamese educational institution and name of foreign educational institution;

(17) Unit assigned to the task.

Sample number 04

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Extension (or adjustment) of educational links with foreign countries

To: …………..(1)…………

We, the undersigned, on behalf of the Affiliates include:

Vietnamese side ……………………………………… (2)………………………………………………..

– Head office: ………………………………………………………………………………………………..

- Phone: ………………………………………………………………………………………………………..

– Fax: ………………………………………………………………………………………………

– Website: ……………………………………………………………………………………………….

Foreign party: ……………………..(3)……………………………………………………

– Head office: ………………………………………………………………………………………………..

- Phone: ………………………………………………………………………………………………………..

– Fax: ……………………………………………………………………………………………….

– Website: ………………………………………………………………………………………………

Has been allowed to perform the association under Decision No:…………..(4)……………………..

Suggestions…. (1)… approve the extension of the above-mentioned link within ……………………..

Contents and reasons for proposal: ………………………………………………………………………………….

We commit:

1. Take full responsibility for the truthfulness and accuracy of the contents of the Application for Extension and the attached Dossier.

2. Strictly abide by the provisions of Vietnamese law.

Attached documents include:

1. A report summarizing the association activities together with evidences on the process of organizing and implementing the association during the licensed period;

2. The valid cooperation agreement (Contract) between the affiliated parties (English version and Vietnamese version);

3. Proposing the contents to be adjusted (if any) in the Decision approving the association and explanation.

PARTY VIETNAM
(Signature, seal)

First and last name

FOREIGN PARTY
(Signature, seal)

First and last name

Note:

(1) The name of the provincial/city department of education and training that has granted the association license;

(2) Name of Vietnamese educational institution;

(3) Name of the foreign educational institution;

(4) Number, symbol of the decision approving the association, time and name of the agency issuing the document.

Sample number 05

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Termination of educational links with foreign countries

To: …………(1)………….

We, the undersigned, represent the Affiliates, including:

Vietnamese side …………………………………..(2)………………………………………………………

– Head office: ………………………………………………………………………………………………..

- Phone: ………………………………………………………………………………………………………..

– Fax: ……………………………………………………………………………………………….

– Website: ………………………………………………………………………………………………

Foreign party: ……………………. (3)…………………………………………………….

– Head office: ………………………………………………………………………………………………..

- Phone: ………………………………………………………………………………………………………..

– Fax: ………………………………………………………………………………………………

– Website: ……………………………………………………………………………………………….

Having been allowed to conduct educational association under Decision No: …………(4)………….

Request…(1)…approval to terminate the above educational association from date…month…year…

Reason for termination: ………………………………………………………………………………………………

Responsibilities of the educational institution when terminating the association: …………………….

We commit:

1. Take full responsibility for the truthfulness and accuracy of the contents of the Application for Termination and the attached Dossier.

2. Strictly abide by the provisions of Vietnamese law.

Attached documents include:

1. A report summarizing the association activities together with evidences on the process of organizing and implementing the association during the licensed period;

2. Agreement (Contract) cooperation between the affiliated parties (English version and Vietnamese version);

3. Propose the contents (if any) in the Decision approving the termination and give explanations.

Vietnamese side
(Signature, seal)

First and last name

Foreign side
(Signature, seal)

First and last name

Note:

(1) The name of the provincial/city department of education and training that has granted the association license;

(2) Name of Vietnamese educational institution;

(3) Name of the foreign educational institution;

(4) Number, symbol of the decision approving the association, time and name of the agency issuing the document.

Sample number 06

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Approving training links with foreign countries ……..(first)……….

To: …….(2)………….

We, the undersigned, represent the Affiliates, including:

Vietnamese side ……………………. (3)…………………………………………………….

– Head office: ………………………………………………………………………………………………..

- Phone: …………………………………………………………………………………………………………

– Fax: ……………………………………………………………………………………………….

– Website: ………………………………………………………………………………………………

– Decision on establishment: ……………… (4)………………………………………………………..

Foreign party: ……………………(5)………………………………………………………

– Head office: ………………………………………………………………………………………………

- Phone: ………………………………………………………………………………………………………….

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

– License of establishment: …………………….(6)…………

recommend ………….(2)………………. consider, approve training association ………….(1)………….. between ………………..(3)…………….and …………..(5) …………… with the following objectives, scope and duration of operation:

1. Objective and scope of the link: (Indicate a summary of the intended field of association, training level, annual enrollment size, and degrees to be awarded under the association).

2. Term of the link: .............................................................................. ..

3. Contents of the link (write summary): ...................................................................................

We commit:

1. Take full responsibility for the truthfulness and accuracy of the contents of the Application Form and attached documents.

2. Strictly abide by the provisions of Vietnamese law.

Documents attached to this application include:

1. Agreement (Contract) on cooperation between the affiliated parties.

2. Papers proving the legal status of the affiliated parties: A certified copy or a copy enclosed with the original for comparison, the decision to establish or permit the establishment of an educational institution or other equivalent documents .

3. Papers evidencing that the training sector or major of the Vietnamese educational institution and the foreign educational institution is permitted to train in the field of intended association.

4. The certificate of quality accreditation of the foreign training program or the quality recognition document issued by a competent agency.

5. The governing body's written approval of the policy of permitting training association with foreign countries for the Vietnamese educational institution.

6. Project on implementation of joint training.

7. Other documents (if any).

PARTY VIETNAM
(Signature, seal)

First and last name

FOREIGN PARTY
(Signature, seal)

First and last name

Note:

(1) The industry and training level proposed for association;

(2) Competent authority to approve training association;

(3) Name of Vietnamese educational institution;

(4) Number and symbol of the legal document showing the legal status of the Vietnamese educational institution, the time and name of the agency issuing the document;

(5) Name of the foreign educational institution;

(6) Number and symbol of the legal document showing the legal status of the foreign educational institution, the time and name of the agency issuing the document.

Sample number 07

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

SCHEME

Implement training linkages with foreign countries at …………. between …………. and …………

(The sample includes the main contents, used for reference by the linking parties)

I. NEED

Describe the need to perform joint training.

II. ABOUT THE LINKS

1. Introduction of affiliates.

2. The process of cooperation between the parties.

3. The verification of affiliated parties.

III. LINKED CONTENT

1. Objective: Briefly introduce the output standard of the link.

2. Enrollment subjects, enrollment scale.

3. Time and training program: Specify the time, form and method of implementing the training program:

4. Organizing the implementation of joint training: Teaching, examination, testing, credit, graduation, teaching coordination between Vietnamese and foreign lecturers...

5. Sample of diplomas, certificates (if any) expected to be issued, equivalence of foreign diplomas with degrees of the national education system of Vietnam and possibility of further study to higher levels for holders of graduate diplomas of associate training.

6. Implementation plan/roadmap.

7. Facilities and equipment to be used for the training association, and the location of the association.

8. Teaching staff participating in joint training (the list of excerpts, scientific résumés and proofs of professional qualifications and ability to use foreign languages are attached in the appendix).

9. Textbooks, references, libraries and other conditions…

IV. FINANCE

1. Tuition fees.

2. Other sources of funding and investment.

3. Mechanism for management of revenues, expenditures and contributions (if any).

V. MEASURES FOR QUALITY ASSURANCE, RISK MANAGEMENT

1. Measures to ensure quality.

2. Measures to manage risks, ensure rights and interests of learners in case the training association terminates ahead of time.

BECAUSE. LINK MANAGEMENT MECHANISM

1. Organizational structure to manage the training association, the representatives of the affiliated parties participating in the management (attached to the personal curriculum vitae enclosed in the Appendix).

2. Responsibilities and powers of the affiliated parties.

3. Responsibilities and powers of teachers, learners and other stakeholders.

Attached Appendix.

Sample number 08

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Approving the association of the organization of the exam for the issuance of certificates of foreign language ability with foreign languages …………(1)………………

To: …………..(2)………….

We, the undersigned, represent the Affiliates, including:

Vietnamese side ………….(3)……………………..

– Head office: ………………………………………………………………………………………………

- Phone: …………………………………………………………………………………………………………

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

– Decision on establishment: ………………(4)………………………………………………………

Foreign party: ………………………(5)…………………………………………………….

– Head office: ……………………………………………………………………………………………….

- Phone: ………………………………………………………………………………………………………….

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

– License of establishment: ……………………..(6)……………………..

Recommend ………….(2)…………. consider and approve the joint organization of the exam for the grant of certificates of foreign language ability ...(1)…, between ……..(3)……. and … (5)… with the following objectives, scope and duration of activities:

1. Objective and scope of the link: (Insert a summary of the foreign language intended to be linked to the organization of the foreign language proficiency certification exam, the scale of the annual exam and the type of certificate to be issued under the association).

2. Term of the link: ………………………………………………………………………

3. Contents of the link (write summary): ..............................................................................

We commit:

1. Take full responsibility for the truthfulness and accuracy of the contents of the Application Form and attached documents.

2. Strictly abide by the provisions of Vietnamese law.

Documents attached to this application include:

1. Application for approval of association.

2. Contract or agreement between the exam organization in Vietnam and the foreign language ability assessment institution.

3. Documents certifying the legal status of the affiliated parties.

4. Scheme of organization of exams for issuance of foreign language proficiency certificates, including information on the value and scope of use of foreign language certificates, proof of quality assurance of the organization. examination organization, responsibilities of the parties, examination fees and charges, mechanism of revenue and expenditure and financial management, rights and responsibilities of contest participants and other related contents.

5. Other documents (if any).

Vietnamese side
(Signature, seal)

First and last name

Foreign side
(Signature, seal)

First and last name

Note:

(1) The foreign language requested to be associated with the certificate;

(2) Agencies competent to approve joint organization of exams and issue certificates of foreign language ability;

(3) Name of Vietnamese educational institution or organization;

(4) Number and symbol of the legal document showing the legal status of the Vietnamese educational institution or organization, the time and the name of the agency issuing the document;

(5) Name of foreign establishment or organization;

(6) Number and symbol of the legal document showing the legal status of the foreign establishment or organization, the time and the name of the agency issuing the document.

Sample number 09

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

………., day……. may……..

SCHEME

Link to organize foreign language proficiency certification exams

(The sample includes the main contents, used for reference by the linking parties)

I. NEED

Describe the need to conduct joint examinations to issue foreign language proficiency certificates.

II. ABOUT THE LINKS

1. Introduction of affiliates.

2. The process of cooperation between the parties.

III. LINKED CONTENT

1. Target.

2. Information on the value and scope of use of the foreign language certificate.

3. Evidence of quality assurance of the organization of the exam, responsibilities of the parties.

4. Rights and responsibilities of contest participants.

5. Sample of the foreign language certificate expected to be issued.

6. Other related contents.

7. Implementation plan/roadmap.

8. Facilities and equipment that will be used for the joint issuance of foreign language certificates, and locations for the joint issuance of foreign language certificates.

9. Team of managers, examiners, support staff, technicians (the list of excerpts, resumes and proofs of professional qualifications and ability to use foreign languages are attached in the appendix).

IV. FINANCE

1. Exam fees and fees.

2. Other sources of funding and investment.

3. Revenue and expenditure mechanism and financial management.

V. MEASURES FOR QUALITY ASSURANCE, RISK MANAGEMENT

1. Measures to ensure quality.

2. Measures to manage risks, ensure the rights and interests of contestants.

BECAUSE. LINK MANAGEMENT MECHANISM

1. Organizational structure for joint management to organize exams and grant foreign language ability certificates, representatives of the affiliated parties to participate in management (attached to the personal curriculum vitae enclosed in the Appendix).

2. Responsibilities and powers of the affiliated parties.

3. Responsibilities and powers of the team of managers, examiners, support staff and technicians.

Attached Appendix.

Sample number 10

……………… ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: /QD-……..	……….., day month Year……..

DECISION

Approving training links with foreign countries
……. (first) ……

…………. (2) …………….

Base………………………………………………………………………………………………………………..

Pursuant to the Government's Decree No. /2018/ND-CP dated May 2018 stipulating foreign cooperation and investment in the field of education;

At the request of …………(4)………… and ……..(6)………… in the application file for approval of training association …….(1)…………. day month Year …..;

Considering the proposal of …………….(3)…………………………………………………….

DECISION:

Article 1. Approval of training association …………………….(1)………………. between parties:

Vietnamese side: ……………………..……………………..

– Head office: ………………………………………………………………………………………………..

- Phone: …………………………………………………………………………………………………………

– Fax: ……………………………………………………………………………………………….

– Website: ………………………………………………………………………………………………

– Establishment decision: ……………….(5)…………………………………………………….

Foreign party: ……………………(6)……………………………………………………

– Head office: ………………………………………………………………………………………………

- Phone: …………………………………………………………………………………………………………

– Fax: ……………………………………………………………………………………………….

– Website: ………………………………………………………………………………………………

– License of establishment: …………………………………(7)………………………………………………………..

Article 2. The Affiliates are responsible for complying with the laws of Vietnam, the commitments and plans presented in the Application for approval for joint training with the following main contents:

1. Eligible candidates: ………………………………………………..(8)…………………….

2. Time and training program: ………….…..(9)…………………….

3. Language of instruction: ………………………………………………..(10)……………………

4. Teaching staff: ……………….(11)……………………

5. Training scale: ……………………………………………………..(12)……………………

6. Training location: ……………………(13)…………………….

7. Degree granted: ……………….(14)…………………….

8. Funding for training and financial management: ……………….(15)……………….

Article 3. After each school year ………….(16)…………….. is responsible for reporting …………(17)……. on activities related to the organization, implementation and management of training linkages and periodically update the database on training linkages with foreign countries of the Ministry of Education and Training every 6 months.

…………(18)…………. be responsible for inspecting and coordinating with relevant units in inspecting the organization, implementation and management of the association of the affiliated parties according to this Decision and the approved Linkage Dossier.

Article 4. The term of operation of the training association is …………………………………………………….

Article 5. Effect of the decision; agencies, units and individuals are responsible for implementing the decision.

Recipients:
- As Article 5;
– ……………………;
– ……………………;
– Save: VT, ………….

…….(2)……..
(Signed and stamped)

First and last name

Note:

(1) Name of training association, industry and training level;

(2) The head of the agency competent to approve the training association;

(3) The head of the unit in charge of drafting the Decision approving the training association;

(4) Name of the Vietnamese affiliated party;

(5) Number and symbol of the legal document showing the legal status of the Vietnamese associate, the time and the name of the agency issuing the document;

(6) Name of the foreign affiliate;

(7) Number and symbol of the legal document showing the legal status of the foreign partner, the time and name of the agency issuing the document;

(8) Requirements on enrollment subjects, entry qualifications, foreign language ability and other requirements;

(9) Study period (school year or semester), form and mode of training association, duration of training program;

(10) Foreign languages used in the teaching process;

(11) Regulations on trainers participating in training (professional qualifications and ability to use foreign languages)

(12) Number of enrollments per course, number of enrollment courses per year;

(13) Address for joint training;

(14) The name of the diploma and the name of the educational institution issuing the diploma;

(15) Tuition fees (full course or academic year), funding sources (if any);

(16) Name of Vietnamese educational institution and name of foreign educational institution;

(17) Name of the unit receiving the report;

(18) Name of the unit assigned the task.

Sample number 11

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Renewing (or adjusting) foreign links
…… (first) ……

Dear: …… (2) ……

We, the undersigned, represent the Affiliates, including:

Vietnamese side ………….(3)……………………………………………………

– Head office: ………………………………………………………………………………………………

- Phone: …………………………………………………………………………………………………………

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

Foreign party: ………………………(4)……………………………………………………

– Head office: ………………………………………………………………………………………………

- Phone: ………………………………………………………………………………………………………….

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

Licensed to perform the association: …….(1)…according to Decision No…(5)…………

Request …………(2)………….. to approve the extension of the above link within….

Suggested content and reasons: ………………………………………………………………………………… ..

We commit:

1. Take full responsibility for the truthfulness and accuracy of the content in the Application for Extension and the attached Dossier.

2. Strictly abide by the provisions of Vietnamese law.

Attached documents include:

1. A report summarizing the association activities together with evidences on the process of organizing and implementing the association during the licensed period;

2. The valid cooperation agreement (Contract) between the affiliated parties (English version and Vietnamese version);

3. Proposing the contents to be adjusted (if any) in the Decision approving the association and explanation.

PARTY VIETNAM
(Signature, seal)

First and last name

FOREIGN PARTY
(Signature, seal)

First and last name

Note:

(1) Specify the industry and training level requested to extend or adjust the association (if any);

(2) Authority to approve the link;

(3) Name of Vietnamese educational institution;

(4) Name of foreign establishment or organization;

(5) Number, symbol of the decision approving the association, time and name of the agency issuing the document.

Sample number 12

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Termination of training association, joint organization of foreign language proficiency certification exams

To: ………….(1)…………

We, the undersigned, represent the Affiliates, including:

Vietnamese side ………….(2)……………………………………………………

– Head office: ………………………………………………………………………………………………

- Phone: …………………………………………………………………………………………………………

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

Foreign party: ………………………(3)……………………………………………………

– Head office: ………………………………………………………………………………………………

- Phone: ………………………………………………………………………………………………………….

– Fax: ……………………………………………………………………………………………….

– Website: ……………………………………………………………………………………………….

has been allowed to conduct joint training / joint organization of foreign language proficiency certification exams with foreign countries according to Decision No. ……………………..(4)……………………. …….

Suggestions…. (1)… approving the termination of training association/joint organization of foreign language proficiency certification exams with the above mentioned foreign countries from …month…year…

Suggested reason: ………………………………………………………………………………………….

Responsibilities of the affiliates upon termination:..................................................................

We commit:

1. Take full responsibility for the truthfulness and accuracy of the contents of the Application for Termination and the attached Dossier.

2. Strictly abide by the provisions of Vietnamese law.

Attached documents include:

1. A report summarizing the association activities together with evidences on the process of organizing and implementing the association during the licensed period;

2. Agreement (Contract) cooperation between the affiliated parties (English version and Vietnamese version);

3. Propose the contents (if any) in the Decision approving the termination and give explanations.

Vietnamese side
(Signature, seal)

First and last name

Foreign side
(Signature, seal)

First and last name

Note:

(1) The name of the agency that licensed the association;

(2) Name of Vietnamese educational institution or organization;

(3) Name of foreign establishment or organization;

(4) Number, symbol of the Decision approving the training association / joint exam organization, granting foreign language ability certificates, time and name of the agency issuing the document.

Sample number 13

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

……………., day……. may……..

PROPOSAL

Allowing the establishment of foreign-invested educational institutions (or branches of foreign-invested higher education institutions)

To: ……………(1)……………………

Investor's name: ……………………………………………….(2)…………

Certificate of Investment Registration/Certificate of Business Registration/Enterprise No: … issued by … dated … month … ….

Apply for permission to establish an educational institution (or branch of a higher education institution) with foreign investment capital with the following main contents:

1. Name of the educational institution or its branch:

Name in Vietnamese: ……………………………………………………………………………………………….

Name in foreign language: ……………………………………………………………………………………………….

Abbreviations (if any): ………………………………………………………………………………………………

2. Head office address: ……………………………………………………………………………………………….

3. Total investment capital: ……………………(3)……………………………………………………

4. Area of land to be used: …………. Construction area……………………………..

Facilities (built or rented): …………………………………………………….

5. Scope of activities: ……(4)………………………………………………………..

6. Estimated size and subjects of enrollment in the first 05 years of operation: ……………………

7. Expected diplomas and certificates to be granted: ……………………………………………………

8. Term of operation: ……………………………………………………………………………………………….

We hereby commit to strictly abide by the provisions of Vietnamese law related to foreign cooperation and investment in the field of education.

Please kindly request: ……………….(1)…………….. to consider and decide./.

Legal representative of investors
(Signature, stamp, full name)

Note:

(1) The competent authority permits the establishment of an educational institution or its branch;

(2) Write in capital letters;

(3) Specify the capital contribution and loan capital;

(4) Specify the scope of operation corresponding to the type of educational institution or branch of the foreign-invested educational institution applying for the establishment license.

Sample number 14

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----

(Or the national title and name of the economic organization, diplomatic mission, intergovernmental international organization requesting the establishment of the foreign-invested educational institution)

……………., day……. may……..

SCHEME

Established ………… (name of educational institution or branch of foreign-invested higher education institution)

(The sample contains the main contents for reference and application to each type of appropriate foreign-invested educational institution)

I. INTRODUCTION

1. Set the problem;

2. Legal basis.

II. THE NEED TO ESTABLISH…

1. The need to establish.

2. Investment objective.

3. Social impacts on the locality and region.

4. Brief introduction of the investor.

III. EDUCATIONAL INSTITUTION (name of educational institution)

1. Name of educational institution in Vietnamese and foreign languages.

2. Address.

3. Construction/rental location.

4. Objectives, functions and tasks.

5. Industry, size.

6. Diploma/certificate/certification: Sample of diploma, certificate/certificate expected to be issued, equivalent to a diploma of the national education system of Vietnam.

IV. STRUCTURE OF ORGANIZATION, MANAGEMENT AND TEACHING apparatus

1. School council/member/administrator…

2. Board of Directors/Director.

3. Faculties/subjects/specialty divisions.

4. Functional departments.

5. Political and social organizations.

V. ESTABLISHMENT CONDITIONS

1. Investment capital.

2. Land, facilities, construction investment/rental equipment.

3. Educational program.

4. Team of teachers and administrators.

5. Textbooks, reference materials, libraries and other conditions.

BECAUSE. CONSTRUCTION AND DEVELOPMENT PLAN

1. Plan for construction/renting of facilities (scale, area, items, technical and technological plans, implementation steps).

2. Plan to build a team of teachers/lecturers.

3. Financial sources for implementation.

VII. SOLUTIONS TO GUARANTEE ACTIVITIES

1. Legal basis.

2. System of solutions (organization, administration, teaching, training, learners, scientific research, international cooperation, finance, quality assurance...)

VIII. FINANCIAL AND SOCIAL EFFICIENCY ASSESSMENT

1. Evaluating efficiency through financial and investment criteria.

2. Evaluation of economic and social efficiency.

IX. DIFFERENCE OF (name of establishment) from OTHER FACILITIES

X. CONCLUSIONS AND RECOMMENDATIONS

XI. APPENDIX

Sample number 15

………(first)……… ………(first)……… ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: ……..	……….., day month Year……..

DECISION

Regarding the permission to establish …………. (3) ……..

…………. (4) …….

Pursuant to …………………….…………..(5)………….. ;

Base…………………………………………………………………………………………………………….. ;

Pursuant to Decree No. …/2018/ND-CP dated …. month …. 2018 of the Government regulations on foreign cooperation and investment in the field of education;

Considering the proposal of: ……………….…………………….(6) ………………. ,

DECISION:

Article 1. Authorization to establish: …………………….(3)……………………..

Name in Vietnamese:……………………………………………………………………………………………….

Name in foreign language: ……………………………………………………………………………………………….

Head office location: ………………………………………………………………………………………….

Article 2. …………(3)………….. is a foreign-invested educational institution, has its own seal and account, and is allowed to open an account at a bank in accordance with Vietnamese law.

Article 3. …………..(3)……………………. operating in accordance with the law on foreign cooperation and investment in the field of education, ………………(7)………………..

Article 4. Effect of the decision; agencies, units and individuals are responsible for implementing the decision.

Recipients:
-
-

Powers and positions of the signer
(Sign, stamp, write full name)

Note:

(1) Name of the governing body (if any);

(2) Name of the agency, organization or title of the State issuing the decision;

(3) The name of the educational institution or branch of the foreign-invested educational institution that is permitted to be established;

(4) The head of the agency competent to decide to permit the establishment;

(5) Specify the direct legal basis for issuing the decision;

(6) The head of the unit submits the decision;

(7) Specify relevant legal documents, corresponding to the type of educational institution or branch of the foreign-invested educational institution applying for the establishment permit.

Sample number 16

………(first)……… ………(first)……… ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: ……..	……….., day month Year……..

REGISTRATION FORM

Activities of foreign-invested educational institutions

To: ……………..(3)………………..

Educational institution: ………………………………………(4)……………………………………………………..

Name in Vietnamese: ………………………………………………………………………………………………

Name in foreign language: ……………………………………………………………………………………

Abbreviations (if any): ………………………………………………………………………………………………..

Head office address: ……………………………………………………………………………………………….

Tel: …………………… Fax: ……………..Email:…………

Established under Decision No:… of… date… month… year…

Apply for an education license with the following main contents:

1. The legal representative of the educational institution:

- Date of birth: ……………………………………. Nationality:……………………………………………..

– Passport number (or ID card):…………………………………………………….

- Date and place of issue:…………………………………….

– Place of temporary residence registration in Vietnam: ……………………………………………………………………………………………….

2. Principal (Director) of an educational institution:

- Date of birth: ……………………………………. Nationality:……………………………………………..

– Passport number (or ID card):………………………………………………………….

- Date and place of issue:…………………………………………….

– Place of temporary residence registration in Vietnam:…………………………………………………….

3. Location of operation: ……………………………………………………………………………………………….

4. Contents of educational activities: ………………………………………………………………………………………….

5. Diploma/certificate: ………………………………………………………………………………………………

We commit:

– Take full responsibility for the truthfulness and accuracy of the contents of the Application for Operational License and its accompanying documents.

– Strictly abide by the provisions of Vietnamese law related to foreign cooperation and investment in the field of education.

Legal representative of foreign-invested educational institutions
(Sign, seal and write full name)

Attached documents:

-
-

Note:

(1) Name of the governing body (if any);

(2) Name of foreign-invested educational institution;

(3) The name of the competent authority authorizing educational activities;

(4) Name of foreign-invested establishment that has been permitted to establish in Vietnam.

Sample number 17

………(first)……… ………(first)……… ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: ………/	……….., day month Year……..

DECISION

Permit to organize educational activities of …… (3) …….

…………. (4) ………….

Grounds ……………………(5) …………………………………………………… ;

Base ……………………………………………………………………………………………………………… ;

Pursuant to Decree No.…/2018/ND-CP dated …. month …. 2018 of the Government regulations on foreign cooperation and investment in the field of education;

Basis ……………………………………………………(6)……………………………………………………. ;

Considering the proposal of ……………………….(7)………….. ,

DECISION:

Article 1. Permission: ……………………………………….(3)…………………………………………………….

Name in Vietnamese: ………………………………………………………………………………………………

Name in foreign language: ………………………………………………………………………………………………..

Abbreviations (if any): ………………………………………………………………………………………………

Head office address: ………………………………………………………………………………………………..

Tel: …………….. Fax: ………… Email:…………………….

Organize educational/training activities according to the following contents:

1. Location of operation: ……………………………………………………………………………………………….

2. Contents of educational/training activities: ………………..(8)………………………………………………

3. Diploma/Certificate granted: ……(9)……………………………………………….

Article 2. Principal/Director ………… (3) …………. be responsible for organizing educational/training activities, organizing tests/exams and granting diplomas/certificates/certifications according to regulations of the Ministry of Education and Training; implement the reporting regime … (2) … and related agencies according to the provisions of law; under the management, supervision, inspection and comprehensive evaluation … of …..(2)……

Article 3. This Decision takes effect from the date of signing.

Article 4. Agencies, units and individuals are responsible for implementing the decision.

Recipients:
- As Article 4;
-
-
- Save: ….

Powers and positions of the signer
(Sign, stamp, write full name)

Note:

(1) Name of the governing body (if any);

(2) Name of the agency that issued the decision to permit educational activities;

(3) Name of the educational institution or branch of the foreign-invested educational institution;

(4) The head of the agency competent to issue the decision to permit educational activities;

(5) Specify the direct legal basis for issuing the decision;

(6) The decision to establish the educational institution, specifying the number, symbol, time and issuing agency;

(7) The head of the unit is in charge of submitting the Decision;

(8) Educational or training activities permitted to be organized;

(9) Specify the type of diploma, certificate/certificate to be issued.

Sample number 18

……….…(first)………… ---	(NATIONAL STATES / SYMBOLS OF … (1) … if any) -----
Number: ………	……….., day month Year……..

PROPOSAL

Allowing the establishment of a representative office of foreign education
……………………(first)……………………..

To: Ministry of Education and Training.

Foreign educational institutions and organizations: ………….(2)………………

Established under: …………………………………………..(3)…………..

Headquartered at: ……………………………………………………………………………………………….

Telephone: Fax:…………………………………………………………..

E-mail: ……………….Website:……………………………………………………..

Main areas of activity: ………………………………………………………………………………………………

…………………………………………………………………………………………………

Apply for permission to establish a representative office of education in Vietnam with the following contents:

1. Name of Representative Office:

Vietnamese name: ……………………………………………………(4)……………..

Foreign language name: …………………………………………………………………………………………..

Abbreviated name (if any): ……………………………………………………………………………………………….

2. Address of representative office: ..................................................................... ..

…………………………………………………………………………………………………

3. Head of Representative Office:

Full name: ……………………..(5)…………………….. Gender (Male, female): ………….

Born on …………. month ………… ………… Nationality: ……………..

Permanent address in Vietnam: …………………… (6) …………………….

………………………………………………………………………………………………………………………………..

Passport/ID card number: …………………………………………………….

Do: ……………… issued on …… month …… ……. in: …………………………..

4. Content of activities: …………………………………………………………………………………..

…………………………………………………………………………………………………

5. Operation period: …………………………………………………………………………………..

…………………………………………………………………………………………………

We commit:

– Take full responsibility for the truthfulness and accuracy of the content of the Application for Permit and the attached Dossier;

– Strictly comply with all provisions of Vietnamese law related to education representative offices of foreign educational institutions and institutions in Vietnam and the contents specified in the License for establishment of the representative office. .

Legal representative of foreign educational institutions and institutions
(Sign, seal and write full name)

Attached documents include:
-
-

Note:

(1) Name of the foreign educational institution or institution;

(2) Write the name in capital letters;

(3) Specify the legal documents determining the legal status of the foreign educational institution or institution, the time and the issuing agency;

(4) Write the name in capital letters;

(5) Write the name in capital letters;

(6) Specify the address permanently residing in Vietnam or going to permanently reside in Vietnam.

Sample number 19

MINISTRY OF EDUCATION AND TRAINING ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: /QD-BGDĐT	Hanoi, date…. may …….

DECISION

Permit to establish foreign education representative office of … ( 1) … in Vietnam

MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 123/2016/ND-CP dated September 01, 9 of the Government defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 69/2017/ND-CP dated May 25, 5 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. /2018/ND-CP dated May 2018 stipulating foreign cooperation and investment in the field of education;

At the request of ……..(1)………… for permission to set up a representative office in Vietnam;

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

DECISION:

Article 1. Permits: …………(1) …….to have its head office at …….(2)……., to be allowed to set up a representative office in Vietnam.

Transaction name in Vietnamese: ……………………………………………………………………………………………….

Transaction name in foreign language: …………………………………………………….

Abbreviated name (if any): ……………………………………………………………………………………………….

Representative office location: …………………………………………………….

Head of representative office: ………………………………………………………………………………….

Full name: ……………(3)……………………. Gender (male, female):…………………….

Born on ………… month …… year …………. Nationality: …………………………………………………

Permanent address in Vietnam:…………………………………………………….

Passport/ID card number: …………………….issued by ……………….issued date…month…year…at

Total number of people expected to work at the Representative Office: ………… people.

Article 2. Contents of activities: ………………………………………………………………………………………………

†

Article 3. The representative office of ……(1)…… in Vietnam is responsible for strictly complying with the laws of Vietnam and implementing the regulations for the representative office of education specified in Decree No. …./ 2018/ND-CP of the Government on foreign cooperation and investment in the field of education.

Article 4. Operation term of Representative Office ……(1)…… is …(4)…. years from the date of issue of this Decision.

Article 5. Agencies, units and individuals are responsible for implementing the decision.

Recipients:
- As Article 5;
– Minister (to b/c);
– People's Committee of province/city…(5)…;
– Department of Education and Training of province/city…(5)…;
– Save: VT, Department of International Cooperation.

KT MINISTER
DEPUTY
(OR Authorized Person)
(Signature, seal)

Note:

(1) Name of the foreign educational institution or organization applying for permission to establish a representative office of foreign education in Vietnam;

(2) Full address of the foreign educational institution or organization applying for permission to establish a representative office of foreign education in Vietnam;

(3) Write in capital letters;

(4) The time limit at the request of the foreign educational institution or institution;

(5) Name of the province/city where the Representative Office is located.

Sample number 20

….(first)….. ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: /	… … …, day …. may …….

REGISTRATION FORM

Activities of foreign education representative offices

To: …….(2)……..

The representative office of …….(3)…… in Vietnam has been permitted to be established by the Ministry of Education and Training under Decision No. …… dated …. month …… year (please enclose a copy); Specific information is as follows:

1. Foreign educational institutions and organizations that establish education representative offices:

Name in Vietnamese: ………………………………………..(2)……………………..

Name in foreign language: ………………………………………………………………………………………………..

Nationality: ……………………………………………………(3)…………

Head office address: ………………………………………………………………………………………………

Tel: ………….. Fax: ………….. Email: ……………..

2. Representative office of foreign education in Vietnam

Name in Vietnamese: ………….(4)………………..

Name in foreign language: ……………………………………………………………………………………

Abbreviated name (if any): ………………………………………………………………………………………………..

3. Address and contact information for the representative office:

………………………………………………………………………………………………………………………………..

4. Personnel working at Representative Office

a) Head of Representative Office:

Full name: ………………(5)…………………… Gender (Male, Female): ……………………..

Date of birth ……. month ……. five ……………………………………………………………………………

Nationality: ……………………………………………………………………………………………………………

Permanent address in Vietnam: …………………………………………………….

Passport/ID card number: ………….……do: …………… issued on ….. month …… …….. at …… …………………….

b) Number of employees working at Representative Office: …….(6)…………

5. Content of activities:

………………………………………………………………………………………………………………………………..

Representative office of …………(3)…………. in Vietnam respectfully request …………..(2)………… to grant us the operation registration certificate of the representative office in accordance with regulations./.

Recipients:
- As above;
- Save: ….

REPRESENTATIVE
(Signature, seal)

Note:

(1) Name of the representative office of foreign education in Vietnam;

(2) Department of Education and Training of the province/city where the Representative Office operates;

(3) Foreign educational institutions and organizations that have been permitted to establish representative offices.

Sample number 21

PPC, CITY ..(1)... EDUCATION AND TRAINING ---	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness -----
Number: ………/	…………., day month Year……..

CERTIFICATE

Registration of the operation of the representative office of foreign education

Registration times (change) …………: date … … month … …. five … …

1. Foreign educational institutions and organizations that establish education representative offices:

Name in Vietnamese: ……………………..(2)…………………………………………………….

Name in foreign language: ………………………………………………………………………………………………..

Nationality: …………………………………..(3)……………………………………………………..

Head office address: ………………………………………………………………………………………………..

Tel: …………… Fax: ……………. Email: …………………………………

2. Representative office of foreign education in Vietnam

Name in Vietnamese: ……………………………………………………(4)…………

Name in foreign language: ……………………………………………………………………………………………….

Abbreviated name (if any): ………………………………………………………………………………………………

3. Address and contact information for the representative office:

†

………………………………………………………………………………………………………………………………..

4. Personnel working at Representative Office

a) Head of Representative Office:

Full name: ……………(5)……………… Gender (Male, Female): ……………………..

Date of birth ……. may ………………………………………………………………………

Nationality: …………………………………………………………………………………………………………..

Permanent address in Vietnam: …………………………………………………….

Passport/ID card number: ……………………..……. issued by: …………. issued on ………… month ……. year …………. at …………………….

b) Number of employees working at the Representative Office: …………. (6) ……………………

5. Content of activities:

………………………………………………………………………………………………………………………………..

6. Operation period: …………………………………………………………………………………………….

Recipients:
– ……………………;
– ……………………;
- Ministry of Education and Training;
– Save: VT, …………..

MANAGER
(Sign, stamp, write full name)

Note:

(1) Name of the province/city directly under the central government;

(2) (4) (5) Write in capital letters;

(3) Name the country that promulgates the law under which the foreign educational institution or institution is established;

(6) Number and structure of foreigners and Vietnamese working at the Representative Office.

Date issued:	06/06/2018	Effective date:	01/08/2018
Document Type:	Decree	Status:	Still validated

GOVERMENT	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness
Number: 86 / 2018 / ND-CP	Hanoi, date 06 month 06 year 2018

Knowledge of investment to establish a business

Borrowing from abroad, repaying foreign loans

Foreign investment in Vietnam

Business and Investment Environment in Vietnam

Decree 86/2018/ND-CP stipulating foreign cooperation and investment in the field of education

GENERAL PROVISIONS #

EDUCATION AND TRAINING LINKS WITH FOREIGN COUNTRIES #

EDUCATION INSTITUTIONS WITH FOREIGN INVESTMENT #

REPRESENTATIVE OFFICE OF FOREIGN EDUCATION #

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Knowledge of Business Management

GENERAL PROVISIONS #

EDUCATION AND TRAINING LINKS WITH FOREIGN COUNTRIES #

EDUCATION INSTITUTIONS WITH FOREIGN INVESTMENT #

REPRESENTATIVE OFFICE OF FOREIGN EDUCATION #

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