Legal News
Regulations on foreign cooperation & investment in education

11 - 10 - 2018
VGP

The Government on June 6 enacted Decree No. 86/2018/NĐ-CP (“Decree 86”) regulating foreign cooperation and investment in education to supersede Decree No. 73/2012/NDCP amended and supplemented by Decree No. 124/2014/NĐ-CP (collectively referred to as “Decree 73”).

Question: What are the regulations on associated exam organizations for granting certificates of foreign language proficiency; forms of foreign-invested educational institutions and other changes in consistency with the 2012 Law on Higher Education?

Answer:

Associated exam organization for granting certificates of foreign language proficiency

Decree 86 stipulates in detail the associated exam organization for granting certificates of foreign language proficiency including subjects of association, periods of association, conditions on location, facilities, equipment, and personnel in service of exam organizations.

Besides, Decree 86 prescribes the contents on dossiers, procedures and authority for approving, extending and suspending the associated exam organization for granting certificates of foreign language proficiency.

Forms of foreign-invested educational institutions

Decree 86 makes some changes to the forms of educational institution which are invested by foreign-invested economic organizations. Particularly, the forms of foreign-invested educational institutions that can be established according to Decree 86 include:

Short-term training and retraining institutions;

- Nursery education institutions;

- High-school education institutions (elementary schools, middle schools, high schools, and mixed level schools);

- Higher education institutions;

- Campuses of foreign-invested higher education institutions in Viet Nam.

Decree 86 did not regulate foreign invested vocational education institutions as formerly stipulated by Decree 73. Instead, foreign-invested vocational education institutions are regulated by Decree 48/2015/NĐ-CP.'

Increasing the minimum investment capital to establish higher education institutions

Decree 86 raises the minimum investment capital for projects of establishment of higher education institutions from VND 300 billion to VND 1000 billion. Additionally, Decree 86 removes the regulation on the minimum investment rate of VND150 million/student as formerly stipulated in Decree 73.

Enrolling Vietnamese students to learn foreign educational programs Foreign-invested nursery education and high school education institutions may enroll Vietnamese students to learn foreign programs, provided that: (i) the number of Vietnamese students attending foreign educational programs must be lower than 50% of the total number of students attending foreign educational programs; and (ii) Vietnamese students attending foreign educational programs must be taught the prescribed contents.

Decree 86 enters into force as from August 1, 2018./.

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