Nghị định 135/2018/NĐ-CP sửa đổi Nghị định 46/2017/NĐ-CP đầu tư trong lĩnh vực giáo dục

DECREE

AMENDING AND SUPPLEMENTING THE GOVERNMENT’S DECREE NO. 46/2017/ND-CP DATED APRIL 21, 2017 PRESCRIBING REGULATORY REQUIREMENTS FOR EDUCATIONAL INVESTMENT AND OPERATION

Pursuant to the Law on government organization dated June 19, 2015;

Pursuant to the Law on education dated June 14, 2005; the Law on amendments to the Law on education dated November 25, 2009;

Pursuant to the Law on higher education dated June 18, 2012;

Pursuant to the Law on investment dated November 26, 2014;

Pursuant to the Law on amendments to Article 6 and Appendix 4 regarding the Classification of Trades and Industries subject to investment and business conditions in the Law on investment dated November 22, 2016;

Pursuant to the Law on vocational education dated November 27, 2014;

Upon the request of the Minister of Education and Training;

The Government promulgates the Decree amending and supplementing the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 prescribing regulatory requirements for educational investment and operation.

Article 1. Amendments and supplements to the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 prescribing regulatory requirements for educational investment and operation (hereinafter referred to as “Decree No. 46/2017/ND-CP”)

1. Point b Clause 2, Point b and Point c Clause 3 Article 4 are amended and supplemented as follows:

“2. Submitted documentation, including:

b) The proposal for establishment of a kindergarten, preschool or nursery school;

3. 3. Implementation procedures:

b) Within the duration of 05 business days from the receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training to organize the assessment of realistic conditions concerning establishment of a kindergarten, preschool or nursery school; within the duration of 15 business days, the Subdepartment of Education and Training shall take charge and cooperate with relevant specialized divisions to give their assessment opinions to the President of the district-level People’s Committee;

c) Within the duration of 05 business days from the receipt of written assessment opinions from the Subdepartment of Education and Training and other relevant specialized divisions, if all regulatory requirements have been met, the President of district-level People’s Committee shall issue a decision on establishment or approval of establishment; in case of failure to meet stated requirements, the President of the district-level People’s Committee shall send a written response in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified.”

2. Point a, Point b and the fifth dash of Point d Clause 2 Article 5 are amended and supplemented as follows:

“a) The kindergarten, preschool or nursery school must be located within the precincts of a residential zone in compliance with regulations on safety and environmental sanitation;

b) The total area of project site is divided into multiple spaces used for building infrastructural facilities, playgrounds, roads and growing landscaping plants. The average area of project site must be at least 12 m² per a child in lowland, delta and midland regions (except municipal and urban regions); 08 m² per a child in municipal, urban, mountainous and island regions;

d) The construction project is divided into the following blocks:

- Play grounds, e.g. play grounds for child groups or classes; commonly-shared play spaces.”

3. Clause 2, Point c and Point d Clause 3 Article 6 are amended and supplemented as follows:

“2. Documentation must be submitted to apply for such license, including:

a) The request form for the license to carry out educational operations;

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the decision on establishment or the decision on approval for the establishment of the kindergarten, preschool or nursery school;

c) The list of officers holding important positions, such as the rector, vice rectors, heads of specialized groups, with their professional qualifications; the list of teachers with their professional qualifications; employment contracts signed between a kindergarten, preschool or nursery school and each managerial officer or each teacher;

d) Early childhood education curriculum and syllabus for offer of early childhood education program;

dd) The inventory of classrooms, working rooms, facilities and equipment items meeting stipulated requirements;

e) The legal confirmation document on the title to land or the agreement on rental of a kindergarten, preschool or nursery school of which the minimum term is 05 years; legal confirmation document on the available amount of money currently managed by a kindergarten, preschool or nursery school to ensure legitimacy and compliance with the commitment that such amount is only used for paying construction and other recurrent costs incurred by the kindergarten, preschool or nursery school upon receipt of permission for educational operations; the plan for capital mobilization and allocation which assures stable operations of the kindergarten, preschool or nursery school for the next period of 05 years that starts from the date of receipt of permission for enrolment;

g) The statutes of organization and operation of the kindergarten, preschool or nursery school.

3. Implementation procedures:

c) Within the duration of 15 business days from the date of notice of the plan to carry out the field inspection, the Subdepartment of Education and Training shall play the leading role and cooperate with other relevant specialized subdepartments in organizing field inspection activities;

d) Within the duration of 05 business days, if all regulatory requirements have been met, the Head of the Subdepartment of Education and Training shall issue a decision on permission for educational operations; in case of failure to meet stipulated requirements, the written notification must be sent to the kindergarten, preschool or nursery school and clearly define reasons for refusal to give approval.”

4. Point a Clause 3, Point b and Point c Clause 4 Article 7 are amended and supplemented as follows:

“3. Documentation must be submitted to apply for approval of merger, division or split-up, including:

a) The proposal for merger, division or split-up of a kindergarten, preschool and nursery school, which must ensure that legal rights and benefits of children, teachers, administrative officers and employees are maintained;

4. Implementation procedures:

b) Within the duration of 05 business days from the receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training to organize the assessment of submitted documents and carry out the field inspection of merger, division or split-up of the kindergarten, preschool or nursery school; within the duration of 10 business days, the Subdepartment of Education and Training shall play the leading role and cooperate with relevant specialized divisions to give their assessment opinions to the President of the district-level People’s Committee;

c) Within the duration of 05 business days from the receipt of written assessment opinions from the Subdepartment of Education and Training and other relevant specialized divisions, if all regulatory requirements have been met, the President of district-level People’s Committee shall issue a decision on approval of merger, division or split-up; in case of failure to meet stated requirements, a written response in which clear reasons for refusal to approve merger, division or split-up are given must be sent.”

5. Article 10 is amended and supplemented as follows:

“Article 10. Eligibility requirements for establishment of independently-run nursery groups or preschool classes

1. Have a staff of teachers satisfying qualification standards as regulated.

2. Provide child care, fostering and education rooms that must ensure safety; the area for child care, fostering and education activities must be at least 1.5 m² per a child; play spaces, fences and guard doors used for protecting safety for children; spaces for serving meals to children which are required to have separate kitchens that must meet regulatory safety standards as well as comply with fire prevention and food safety regulations. Provide a clean and adequate amount of tap water and drinking water for children as prescribed by laws.

3. Amenities necessary for an independent nursery group:

a) Basic amenities for children such as activity and play mattresses or carpets, nap beds, blankets, pillows, mosquito nets, drinking water containers, supplies, toys and toy storage racks, child towel racks and cup holders, infant potty chairs and materials used for play and deliberate play and practice activities; 

b) Materials for child carers, including instructional kits for child care and education activities; child progress monitoring record-books; record-books for monitoring of assets of the nursery group; materials used for promotion of parents’ knowledge about child care and education.

4. Amenities necessary for an independent preschool class:

a) Basic amenities for children such as desks and chairs meeting stipulated standards for children, especially those under 5 years: sets of one desk and two chairs for two children; one desk, one chair and one whiteboard for teachers; supplies, toys and shelves for storage; drinking and tap water tanks; materials used for deliberate play and educational activities;

There must be wooden sleeping boards or beds, blankets, pillows, mosquito nets and fans for children’s nap in semi-boarding classes;

b) Materials for kindergarten teachers, including instructional kits for child care and education activities; child progress monitoring record-books; journals for monitoring of daily child education activities; materials used for promotion of parents’ knowledge about child care and education.

5. As for areas where the network of early childhood education schools has yet to match preschooling demands, individuals may organize child groups in order to meet parents' demands for child care, fostering and education activities and register such activities with the commune-level People's Committees as well as conform to eligibility requirements for registration of their operations, including:

a) The maximum number of children per a group is 07 children;

b) Carers of preschoolers must have good health, have full capacity for civil conducts and have obtained the certificate of completion of the further improvement course in child care and parenting practices in accordance with applicable regulations;

c) The nursery group must satisfy the minimum facility requirements as follows: It must have the child care and parenting room that covers a minimum area of 15 m²; ensure safety, well-ventilated space and fresh air; be furnished with safe supplies and toys suitable for children of particular ages; provide an adequate amount of personal supplies and equipment used for child care and parenting activities; provide sufficient tap water and drinking water daily for children; have toilet rooms and appliances intended for children; provide instructional materials for child care and education practices.”

6. Point c Clause 2 and Point d Clause 3 Article 11 are amended and supplemented as follows:

“2. Documentation submitted to request approval of establishment of a nursery group and preschool class shall be composed of the following:

c) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of teacher’s or carer’s degree or certificate.

3. Implementation procedures:

d) Within the duration of 05 business days of receipt of the written response from the Subdepartment of Education and Training, the President of commune-level People’s Committee shall issue a decision on establishment or approval of establishment; in case of refusal to issue the decision, a written notification in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified shall be sent to the applicant and the Subdepartment of Education and Training.”

7. Clause 3 and Point c Clause 4 Article 12 are amended and supplemented as follows:

“3. Documentation submitted to request approval of merger, division or split-up of a nursery group and preschool class shall be composed of the following:

a) The request form for merger, division or split-up of an independently-run nursery group or preschool class, which must ensure that legal rights and benefits of children and teachers are maintained;

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of teacher’s or carer’s degree or certificate.

4. Implementation procedures:

c) Within the permissible duration of 05 business days of receipt of the written response from the Subdepartment of Education and Training, the President of commune-level People’s Committee shall decide whether merger, division or split-up is approved. In case of refusal to grant a decision to approve merger, division or split-up of a nursery group or preschool class, a written notification in which reasons for such refusal should be clearly stated shall be sent to the Subdepartment of Education and Training and the applicant.”

8. Point c Clause 2, Point b and Point c Clause 3 Article 16 are amended and supplemented as follows:

“2. The application package shall be composed of the following:

c) The CV and the duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the legitimate degree or certificate of the recommended rector;

3. Implementation procedures:

b) The Subdepartment of Education and Training shall handle submitted application documents. Within the permitted duration of 05 business days of receipt of these documents, if the submitted set of documents has been found illicit, a written notification of contents that require modification must be sent to the respective applicant. Within the maximum period of 15 business days of receipt of all legally required documents, the Subdepartment of Education and Training shall play the leading role and cooperate with relevant specialized divisions to give their assessment opinions about the submitted documents and realistic conditions concerning the establishment or permission for establishment of the primary school. If all stipulated requirements are met, the Subdepartment of Education and Training shall give its opinions in writing and send the written request for approval of establishment or permission for establishment of the school to the district-level People’s Committee;

c) Within the maximum duration of 05 business days of receipt of all legal application documents, the President of the district-level People’s Committee shall grant the decision on establishment or approval of establishment of the requesting school. In case of refusal to grant that decision, a written notification which clarifies reasons for such refusal must be sent to the Subdepartment of Education and Training, the commune-level People’s Committee and the requesting organization or individual.”

9. Clause 2 Article 17 are amended and supplemented as follows:

“2. Own land, school head office, facilities and equipment that meet regulatory requirements concerning educational operations:

a) The minimum area of land used for construction of the requesting school that is determined by taking into account the number of classes, students and geographic characteristics shall be at least 10 m² per a student in rural or mountainous regions; 06 m² per a student in municipal or urban regions. As for administrative subdivisions short of unoccupied land, it shall be possible that the usable area of land is replaced by the floor area of land and is adequate as prescribed;

b) The school construction project is divided into the following sections:

- A section consisting of perimeter fences, school gates, name signs, classrooms, rector’s office, vice rector’s office, offices, conference rooms, teacher’s rooms, libraries, educational equipment storage spaces, computer labs, history and Young Pioneers’ activity exhibition houses, healthcare rooms, guard rooms;

- A section consisting of arts education rooms, audiovisual rooms, student consultation rooms, rooms for inclusive education for students with disabilities, physical education or multi-functional rooms;

- A section consisting of toilet areas particularly intended for teachers, students and disabled students, garbage disposal areas and water supply and drainage systems that conform to stipulated sanitary standards, parking lots intended for students, teachers and staff, land plots used for playing conforming to requirements that it must occupy at least 30% of total area of the school which must ensure safety for students; 

- A section consisting of canteens and dormitories that ensure conditions for semi-boarding student’s healthy life.

c) The requesting school must fully provide educational equipment according to the list of basic educational equipment articles issued by the Ministry of Education and Training.”

10. Article 18 is amended and supplemented as follows:

“Article 18. Procedures for approval of educational operations of a primary school

1. The Head of the Subdepartment of Education and Training shall be accorded authority to grant the requesting primary school the license to carry out its educational operations.

2. The application package shall be composed of the following:

a) The request form for permission for educational operations;

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the decision on establishment or approval for the establishment of the school.

3. Implementation procedures:

a) The rector of the requesting school shall be responsible for preparing the application documentation for approval of educational operations, referred to in Clause 2 of this Article;

b) The Subdepartment of Education and Training shall accept the submitted documentation and check licensing requirements for educational operations in accordance with Article 17 hereof. Within the duration of 20 business days of receipt of all required documents, the Subdepartment of Education and Training shall play the leading role and cooperate with relevant specialized divisions to give their assessment opinions about the submitted documents and realistic conditions concerning educational operations of the primary school. If all regulatory requirements have been met, the Head of the Subdepartment of Education and Training shall issue a decision on approval of organization of educational activities to the requesting school; in case of refusal to issue the decision, a written notification in which reasons for such refusal and possible solutions should be clearly specified shall be sent to the requesting school.”

11. Point b Clause 3 Article 19 is amended and supplemented as follows:

“b) The proposal for merger, division or split-up of the primary school, which must ensure that legal rights and benefits of students, teachers, administrative officers and employees are maintained;”

12. Article 22 is amended and supplemented as follows:

“Article 22. Regulatory eligibility requirements for provision of primary education programs by other educational institutions

1. The educational institution must employ a staff of qualified administrative officers and teachers conforming to the regulatory standards.

2. The educational institution must have classrooms that conform to the following requirements:

a) Ensure that a classroom is designed in conformity with the predetermined specifications, is safe for teachers and students in accordance with applicable school sanitation and hygiene norms, and provides basic amenities for students with disabilities to make their learning activities easier;

b) Make the following equipment available for use, such as teacher’s chairs and desks, student’s chairs and desks conforming to the stipulated specifications and providing adequate seats for all students, board, lights and fans (installed at places where electricity is supplied), document and teaching equipment storage cabinets.”

13. Point b Clause 2 and Point c Clause 3 Article 23 are amended and supplemented as follows:

“2. The application package shall be composed of the following:

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the degree or certificate of the recommended director of the requesting educational institution;

3. Implementation procedures:

c) Within the duration of 10 business days of receipt of all valid documents, the President of the commune-level People’s Committee shall consider issuing a decision on permission for other educational institutions to provide primary education programs; in case of refusal to issue such decision, a written notification in which reasons for such refusal and possible solutions should be clearly specified shall be sent to the respective applicant.”

14. Point c Clause 2, Point b and Point c Clause 3 Article 26 are amended and supplemented as follows:

“2. The application package shall be composed of the following:

c) The CV and the duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the legitimate degree or certificate of the recommended rector;

3. Implementation procedures:

b) The Subdepartment of Education and Training or the Department of Education and Training shall receive submitted application documents. Within the maximum duration of 20 business days of receipt of all legally required documents, if they are satisfactory, the receiving authority shall play the leading role and cooperate with relevant specialized divisions to carry out the assessment of the submitted documents and the field inspection of realistic conditions concerning the establishment of the secondary school; if all stipulated requirements are met, they shall give their opinions in writing and send the written request for approval of establishment or grant of permission for establishment of the school to the person having relevant delegated powers as prescribed by Clause 1 of this Article; unless all stipulated requirements are met, a written notification in which reasons for refusal should be clearly stated must be sent to the commune-level People's Committee, district-level People's Committee or the requesting organization or individual;

c) Within the maximum duration of 05 business days of receipt of all legally required documents, the person having relevant delegated powers shall issue the decision on establishment or permission for establishment of the requesting school; in case of rejection, a written notification in which reasons for such rejection should be clearly stated must be sent to the receiving authority or the requesting organization or individual.”

15. Point a Clause 2 and Clause 3 Article 27 are amended and supplemented as follows:

“2. The school must own land, school head office, facilities and equipment that meet regulatory requirements concerning educational operations. School facilities shall conform to the following requirements:

a) The classroom must be built in conformity with the stipulated specifications, be furnished with an adequate number of chairs and desks of which the height fits for all students, teacher's chairs and desks, boards, and be capable of operating in two shifts a day;

3. The school must be located at an area that helps provide a good and safe educational environment for students, teachers, administrative officers and employees. The school must be located at a separate area with perimeter walls, school main entrance gate and school name sign.“

16. Point b Clause 2 and Point c Clause 3 Article 28 are amended and supplemented as follows:

“2. The application package shall be composed of the following:

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the establishment decision or the decision on approval of establishment of the school;

3. Implementation procedures:

c) Within the maximum duration of 20 business days of receipt of all valid application documents, the competent persons referred to in Clause 1 of this Article shall organize the assessment of the received documents and carry out the field inspection of realistic conditions concerning educational operations of the school; if all stipulated requirements are met, a decision on approval of educational operations shall be granted to the requesting school. In case of refusal to grant approval of educational operations, a written notice must be sent to the requesting school, give clear reasons for such refusal and provide any possible solution.”

17. Point b Clause 3 Article 29 is amended and supplemented as follows:

“b) The proposal for merger, division or split-up of the secondary school, which must ensure that legal rights and benefits of students, teachers, administrative officers and employees are maintained;”

18. Article 37 is amended and supplemented as follows:

“Article 37. Eligibility requirements for establishment of continuing education center

1. Employ a staff of qualified administrative officers and teachers conforming to the regulatory standards.

2. Have a site used for construction or installation of facilities or equipment in accordance with the following regulations:

a) Have an adequate number of classrooms, laboratory rooms, libraries and production practice facilities;

b) Have teaching and laboratory equipment, and learning materials in conformity with requirements concerning provision of continuing education programs.”

19. Article 43 is amended and supplemented as follows:

“Article 43. Procedures for establishment of community learning center

1. The President of the district-level People’s Committee shall be vested authority to issue the decision on establishment of the community learning center.

2. The application package shall be composed of the following:

a) The written request of the commune-level People’s Committee or the organization or individual for establishment of the community learning center;

b) CVs of the recommended managers of the community learning center.

3. Implementation procedures:

a) The commune-level People’s Committee or the requesting organization or individual shall send 01 set of application documents prescribed by Clause 2 of this Article, whether directly or by post, to the Subdepartment of Education and Training;

b) Within the permissible duration of 10 business days, the Subdepartment of Education and Training receives the request dossiers, conduct evaluation of fulfillment of stated requirements and submit the evaluated dossiers to the President of the district-level People’s Committee for his/her consideration or decision;

c) Within the permissible duration of 05 business days of receipt of all legally required documents, the President of the district-level People’s Committee shall make his/her decision. In case of refusal to grant that decision, a written notice must be sent to the commune-level People's Committee and the Subdepartment of Education and Training or the requesting organization or individual, give clear reasons and any possible solutions.”

20. Article 47 is amended and supplemented as follows:

“Article 47. Procedures for establishment of foreign language and computer training center

1. Authority to establish the foreign language and computer training center:

a) The Director of a university, academy and Rector of a higher education institution or a pedagogy college shall be accorded authority to issue the decision on establishment of the centers that are located within its precincts;

b) The head of a social organization, socio-professional organization or economic organization authorized by laws to establish training centers shall be vested with authority to make his/her decision on the foreign language and computer training centers that fall within his/her remit;

c) The Director of the Department of Education and Training shall be vested with authority to grant a decision on establishment of the centers that fall within his/her remit; or approval of establishment of the centers of higher education institutions, academies, universities or pedagogy colleges that are located outside the precincts of these higher education institutions, academies, universities or pedagogy colleges, and those prescribed in Point b Clause 1 of this Article.

2. The application package shall be composed of the following:

a) The request form for establishment of the foreign language and computer training center;

b) The proposal for establishment of the foreign language and computer training center that specifies the following contents such as the center's name, location, necessity and legal grounds for establishment of the center; objectives and missions of the center; training curriculum and scale; facilities of the center; organizational structure, and CV of the recommended Director of the center;

c) The draft statutes of operations of the foreign language and computer training center.

3. Implementation procedures:

a) The organization or individual shall send 01 set of application documents referred to in Clause 2 of this Article, whether directly or by post, to the competent person vested relevant authority to establish the foreign language and computer training center;

b) Within the permissible duration of 10 business days of receipt of all required valid documents, the competent authority vested with power to establish the foreign language and computer training center shall be responsible for evaluation and inspection of requirements in accordance with applicable law soft and regulations;

c) Within the permissible duration of 05 business days, the competent person vested authority to issue the decision on establishment or approval of establishment of the foreign language and computer training center as prescribed by Clause 1 of this Article issues the decision on establishment or approval of establishment of the requesting center when all specified requirements have been satisfied; in case of refusal to grant that decision, a written notification in which reasons for such refusal should be clearly stated must be sent to the requesting organization or individual.”

21. Article 48 is amended and supplemented as follows:

“Article 48. Licensing requirements for educational operations of a foreign language and computer training center

1. The center employs administrative officers, teachers and employees that meet statutory qualification requirements and its operational requirements.

2. The center must provide adequate facilities, equipment, teaching materials and sources of financing for ensuring training quality in conformity with the center’s development plan and operating scale.”

22. Clause 1 and Clause 2 Article 49 are amended and supplemented as follows:

“1. Authority to license educational operations:

a) The Director of the Department of Education and Training shall be vested with authority to issue the decision on approval of educational operations of foreign language and computer training centers prescribed in Point b and Point c Clause 1 Article 47 hereof;

b) The Director of a university, academy and Rector of a higher education institution or college shall be accorded authority to issue the decision to license educational operations of the foreign language and computer training center operating within the precincts of such university, academy, higher education institution and college.

2. The application package shall be composed of the following:

a) The request form for the license to carry out educational operations;

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the decision to establish the center issued by the competent person;

c) The statutes of educational operations of the center;

d) The report on facilities, equipment, curriculum and teaching materials; administrative officers and teachers; the written evidence of legal right to use land and house, sources of financing for operations of the center.”

23. Article 60 is amended and supplemented as follows:

“Article 60. Regulatory eligibility requirements for establishment of a public center for inclusive education support and development, and approval of establishment of a private center for inclusive education support and development

Establishment of a public center for inclusive education support and development, and approval of establishment of a private center for inclusive education support and development must correspond to the plan for development of the network of specialized educational institutions for the disabled and the network of centers for inclusive education support and development approved by the state regulatory authority.”

24. Point d Clause 3 Article 61 is amended as follows:

“d) Within the permissible duration of 05 business days of receipt of the written document on evaluation from the Department of Home Affairs, the President of provincial-level People’s Committee shall issue a decision on establishment or approval of establishment of the center; in case of refusal to issue that decision, a written notification in which reasons for refusal should be clearly specified shall be sent to the requesting organization or individual.”

25. Article 62 is amended and supplemented as follows:

"Article 62. Licensing requirements for educational operations of the center for inclusive education support and development

1. The requesting center has owned its facilities, equipment, accessories and amenities which are custom-made to meet the needs of the disabled, including:

a) Offices of administrative officers, teachers and employees of the center;

b) Classrooms and functional rooms which are suitably designed to meet the demands for the center’s operations;

c) Accommodations that meet the boarding demands of students with disabilities;

d) Equipment, devices or instruments used for assessment, intervention, teaching, career counseling and vocational education purposes;

dd) Specialized or auxiliary materials that help the center operate in a normal manner.

2. The center’s staff of administrative officers, teachers and employees providing necessary educational services must obtain qualifications relevant to the approaches to education of students with disabilities. 

3. Contents of the educational program, teaching and advisory materials must fit into the modalities of education of students with disabilities.”

26. Point b Clause 2 and Clause 3 Article 63 are amended and supplemented as follows:

“2. The application package shall be composed of the following:

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the establishment decision or the decision on approval of establishment of the center.

3. Implementation procedures:

a) The requesting center sends 01 set of application documents referred to in Clause 2 of this Article, whether directly or by post, to the Department of Education and Training;

b) Within the maximum duration of 20 business days of receipt of all valid application documents, the Department of Education and Training shall be responsible for carrying out evaluation of eligibility requirements for educational operations of the center and issuing the decision on approval of educational operations of the center. In case of refusal to grant that decision, a written notice must be sent to the requesting center, give clear reasons for such refusal and recommended solutions.”

27. Clause 1 Article 64 is amended and supplemented as follows:

“1. Re-organization of the center for inclusive education support and development shall be allowed or approved when the following requirements are met:

a) There is a need for revision or modification of the center’s functions, missions or powers;

b) Re-organization of the center has been approved by the state regulatory authority.”

28. Point b and Point c Clause 3 Article 73 are amended and supplemented as follows:

“b) The Subdepartment of Education and Training handles the submitted documentation, conducts and collaborates with relevant authorities in carrying out evaluation of subject matters of the proposal for establishment of the school within the duration of 15 business days; requests the President of the district-level People’s Committee to consider issuing the decision on establishment of the semi-boarding general education school for minorities;

c) Within the permissible duration of 20 business days of receipt of all legally required documents, the President of the district-level People’s Committee issues his/her decision. In case of refusal to issue that decision, a written notice must be sent to the Subdepartment of Education and Training, give clear reasons for such refusal and provide any possible solutions.”

29. Clause 1 and Clause 3 Article 78 are amended and supplemented as follows:

“1. The requesting school must ensure that the proposal for its establishment is consistent with the plan for network of pedagogy schools approved by the state regulatory authority.

3. The postsecondary- and college-level pedagogy school must respectively reserve at least 02 and 05 hectares of land used for construction of its head office. The project for construction of the requesting school must be located within a safe and convenient environment for the school’s students, teachers, administrative officers and employees.”

30. Article 79 is amended and supplemented as follows:

“Article 79. Procedures for establishment of public postsecondary- and college-level pedagogy school, or approval of establishment of private postsecondary- and college-level pedagogy school

1. The Minister of Education and Training shall be vested with authority to issue the decision on establishment of a public college-level pedagogy school or approval of establishment of a private college-level pedagogy school; the President of the provincial-level People's Committee shall be vested with authority to issue the decision on establishment of a public postsecondary-level pedagogy school or approval of establishment of a private postsecondary-level pedagogy school within his/her local jurisdiction.

2. The application documentation shall be composed of the following:

a) The application form for establishment of a public school, submitted by the host entity of that school; the application form for approval of establishment of a private school, submitted by the requesting organization or individual. The application form must specify reasons for application for establishment or approval of establishment of the school; the school’s Vietnamese and English name; addresses of main office and training locations; the school’s functions and missions; trades, occupations, training scale and qualifications;

b) The written consent of the People’s Committee of the province where the school is based;

c) The proposal for establishment of the school that specifies the following contents such as the necessity for establishment of the school, assessment of conformance of its establishment to the plan for network of vocational education institutions; name of the school; functions, missions, organizational and management structure; training disciplines and scale; training objectives, curriculum and syllabus; financial resources; land coverage; proposed facilities, personnel number and structure of a staff of tenured lecturers and administrative officers that meets quality and qualification standards stipulated by applicable regulations adopted by the Ministry of Education and Training, and aligns with the schedule of registration of training disciplines and enrolment; the plan for construction and development of the school over specific periods of time; duration and progress of execution of the school investment project; socio-economic effectiveness;

d) The draft general floor plan and preliminary design of architectural facilities which must ensure consistency with training disciplines, educational scale and qualifications as well as standards of usable area and construction area for teaching and learning purposes;

dd) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the certificate of right to use land and house ownership, or the written consent to allocation or leasing of land, issued by the provincial-level People’s Committee (including definite information about the address, land acreage and boundary lines of the school construction site);

e) With respect to the application for establishment of a public school, the decision on approval of the school construction project which clearly defines the funding source for execution of the project according to the plan for school investment and construction must be included; with respect to the application for approval of establishment of a private school, the bank’s written confirmation of total balance of contributed capital in the project management board’s account, evidences of the right of ownership of assets and the written document on valuation of assets provided as capital contribution, if such capital contribution is made by offering assets or the right of ownership of assets;

g) With respect to a private school, the following additional documents must be provided:

- Statement on recommendation of the representative who is the bearer of the application for establishment of the school by capital contributors.

- List of brief résumés of the school's founding members.

- List, form and written record of capital contributions made by stakeholders that undertake to contribute their capital to establish the school.

- Recommended Chair and Management Board of the school.

3. Implementation procedures:

a) Receive the application package for establishment or approval of establishment of the requesting postsecondary-, college-level pedagogy school.

- The requesting entity, organization or individual sends 01 set of application documents referred to in Clause 2 of this Article, whether directly or by post, to the Ministry of Education and Training (in case of application for establishment of a college-level pedagogy school), or the Department of Education and Training (in case of application for establishment of an postsecondary-level pedagogy school).

- The Ministry of Education and Training or the Department of Education and Training shall carry out the evaluation of the submitted application documentation.

Within the permissible duration of 05 business days of receipt of the application documentation, the Ministry of Education and Training or the Department of Education and Training shall organize the evaluation of the received application documentation it is established that the application documentation is valid, or sends a written response to the entity, organization or individual applying for establishment or approval of establishment of the school which clearly specifies reasons for rejection, if it is established that the application documentation is invalid.

b) Issue a decision on establishment or approval of establishment of the requesting postsecondary- or college-level pedagogy school as follows:

Within the permissible duration of 10 business days of receipt of the application documentation for establishment or approval of establishment of the school that has been improved, the Minister of Education and Training issues his/her decision on establishment of a public college-level pedagogy school or approval of establishment of a private college-level pedagogy school. The President of the provincial-level People’s Committee shall be accorded authority to grant the decision on establishment of a public postsecondary-level pedagogy school, or approval of establishment of a private postsecondary-level pedagogy school. In case of refusal to grant that decision, a written notice in which reasons for such refusal should be clearly defined must be sent.

The decision on establishment of a public postsecondary-level pedagogy school, or approval of establishment of a private postsecondary-level pedagogy school must be sent to the Ministry of Education and Training. The decision on establishment of a public college-level pedagogy school, or approval of establishment of a private college-level pedagogy school must be sent to the provincial-level People’s Committee of the local jurisdiction where the requesting school is based”

31. Point b and Point d Clause 2 Article 81 are amended and supplemented as follows:

“b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the establishment decision or the decision on approval of establishment of the school;

d) The interpretation of conditions for training quality assurance:

- The list of particulars of tenured teachers and administrative officers;

- Land, facilities and equipment meeting requirements of training activities as agreed upon in its commitments; inventory of all facilities used for training activities in the school, quantity and area of lecture halls, libraries, laboratory rooms, devices, teaching and reference materials, books used in educational activities;

- Financial resources required by applicable regulations for the purpose of ensuring continued operation and development of the school’s vocational education activities;

- Proposed student intake and enrolment plan;

- The school’s curriculum, syllabus, teaching and learning materials required by regulations.”

32. Point a and Point d Clause 1 Article 82 are amended and supplemented as follows:

“a) Such action must align with the plan for network of pedagogy schools;

b) Such action must help assure rights and benefits of students, teachers, administrative officers and employees;”

33. Clause 3 Article 87 is amended and supplemented as follows:

“3. The requesting institution must reserve at least 05 hectares of land used for construction of its head office and provide an average space of at least 25 m²/student as of the time the institution’s training competency is stable after 10 years of its development.”

34. Point b Clause 5 Article 88 is amended as follows:

“b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the investment certificate in case of establishment of a non-public higher education institution, issued by the provincial-level People’s Committee;”

35. Clause 2 and Clause 4 Article 89 are amended and supplemented as follows:

“2. The requesting school must prepare land, facilities and equipment that meet regulatory operational requirements. The project for construction of the requesting institution must be located within a safe environment for its students, teachers, administrative officers and employees as agreed upon in the proposal for establishment of the requesting institution.

4. The requesting institution’s staff of tenured lecturers and administrative officers must be appropriate for training disciplines or fields, satisfy stipulated conduct and qualification standards and ensure that they are competent to fulfill educational objectives and execute educational programs.”

36. Point d Clause 2 Article 90 is amended and supplemented as follows:

“d) The interpretation of conditions for training quality assurance:

- The list of particulars of tenured teachers and administrative officers;

- The inventory of all facilities used for training activities in the requesting institution, quantity and area of lecture halls, libraries, laboratory rooms, devices, teaching and reference materials, books used in educational activities;

- The proposed student intake and enrolment plan.”

37. Clause 1 and Clause 3 Article 91 are amended and supplemented as follows:

“1. The requesting institution must prepare the proposal for establishment of the branch.

3. The requesting institution must reserve at least 02 hectares of land used for construction of its branch (or otherwise considered or decided by the Minister of Education and Training in certain particular cases) and provide an average space of at least 25 m²/student as of the time the branch’s training competency is stable after 10 years of its development.”

38. The third dash of Point a Clause 3 Article 92 is amended and supplemented as follows:

“- The proposal for establishment of the branch.

The proposal for establishment of the branch should specify the following contents such as the necessity for establishment of a higher education institution’s branch, legal bases for development of the construction project, guidelines and strategies for construction and development of the branch over periods of time, name, location, legal status, functions, missions of the proposed branch, organization and management structure, training disciplines and scale, personnel number and structure of a staff of tenured lecturers and administrative officers, the plan for construction of the branch, and approaches to execution of the construction project, e.g. the approach to organization of the management and personnel mechanism, the solution to construction of facilities, the financial solution, project execution steps, preferred missions and attached evidences of eligibility requirements for establishment of the proposed branch.”

39. Point b and Point d Clause 1 Article 93 are amended and supplemented as follows:

“b) The branch must prepare land, facilities and equipment that meet regulatory operational requirements. The project for construction of the branch must be located within a safe environment for its students, teachers, administrative officers and employees as agreed upon in the proposal for establishment of the branch;

d) The branch’s staff of tenured lecturers and administrative officers must be adequate and consistent in terms of its personnel structure, be appropriate for training disciplines or fields, satisfy stipulated conduct and qualification standards and ensure that they are competent to fulfill educational objectives and execute educational programs;”

40. Article 98 is amended and supplemented as follows:

“Article 98. Procedures and documentation requirements for establishment of a public education quality accreditation organization, or approval of establishment of a private education quality accreditation organization

1. The Minister of Education and Training shall have authority to issue the decision on establishment of a public education quality accreditation organization or approval of establishment of a private education quality accreditation organization.

2. The application documentation shall be composed of the following:

a) The application form for establishment of an education quality accreditation organization;

b) The proposal for establishment of an education quality accreditation organization. The proposal must clearly specify the name of the organization or individual applying for establishment or approval of establishment, the proposed name of the education quality accreditation organization written in Vietnamese, English or any other language where appropriate, the proposed location of its main office, objectives and missions, subjects and scope of educational quality accreditation operations, the proposed number or structure of qualifications of accreditors, personnel structure, conditions concerning facilities or financial resources, the developmental plan and schedule and measures to be taken over periods of time;

c) The résumé certified by the commune-level People’s Committee that must be submitted by the individual applying for establishment or the duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the decision on establishment that must be submitted by the organization applying for establishment; the list of the recommended Director, Vice Directors (if any) and members of the Education Quality Accreditation Commission, enclosing their résumés certified by their host entities or organizations or the commune-level People’s Committee; the duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of an accreditor’s identity card and qualifications.

3. Implementation procedures:

a) The requesting organization or individual sends 01 set of application documents referred to in Clause 2 of this Article, whether directly or by post, to the Ministry of Education and Training;

b) Within the permissible duration of 05 business days of receipt of these documents, if the submitted set of documents has been found illicit, the Ministry of Education and Training sends a written notification to the requesting organization or individual for any revision or modification. Within the maximum duration of 15 business days of receipt of all legally required application documents, the Ministry of Education and Training evaluates the submitted documentation and verifies accuracy of materials enclosed in the submitted documentation. If all stipulated eligibility requirements have been met, the Minister of Education and Training issues the decision on establishment or approval of establishment of an education quality accreditation organization. In case of refusal to grant that decision, a written notice in which reasons for such refusal should be defined must be sent.”

41. Article 99 is amended and supplemented as follows:

“Article 99. Licensing requirements for operations of an education quality accreditation organization

1. The requesting organization must have permanent main office and provide an adequate number of offices for all accreditors with a minimum area of 08 m²/person.

2. The requesting organization must employ at least 10 accreditors.”

42. Point d Clause 2 Article 100 is amended and supplemented as follows:

“d) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the decision on establishment or approval of establishment of the requesting organization, the decision on appointment of the Director of an education quality accreditation organization, the list of accreditors with their résumés, duplicate copies derived from the original registers, the certified duplicate copies derived from the original copies or the duplicate copies with the original copies for verification purposes of unexpired accreditor's identity card, degree or qualification, the decision on recruitment or the full-time employment contract which has been signed by the requesting organization and accreditor;”

43. Clause 2 Article 104 is amended and supplemented as follows:

“2. The application documentation shall be composed of the following:

a) The written request for the license to provide its education quality accreditation service within Vietnam which clearly specifies the proposed time of commencement of its operations, education quality accreditation process, subjects and scope of education quality accreditation operations;

b) The written document evidencing the legal status of the foreign education quality accreditation organization issued by a regulatory authority of the host country or a legal international association;

c) The summary of establishment and development of the foreign education quality accreditation organization which specifies its education quality accreditation services provided in the last 05 years, and links with related websites.”

44. Point b and Point c Clause 2 Article 108 are amended and supplemented as follows:

“b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the certificate of business registration, the establishment decision or the certificate of investment registration;

c) The list of front desk counselors with the following main information: full name, birth date, gender, qualification level, foreign language proficiency, job position; the duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of a bachelor’s degree, foreign language certificate and certificate of completion of overseas study counseling service course.”

Article 2. Abrogation of a number of articles, clauses and points of the Decree No. 46/2017/ND-CP

Regulations of Point c and Point d Clause 2 Article 4; Clause 1 Article 7; Clause 1 Article 12; Point d and Point dd Clause 2 Article 16; Clause 1 and Point d Clause 3 Article 19; the second and third dashes of Point d Clause 3 Article 20; the second dash of Point b Clause 3 Article 21; Point d and dd Clause 2 Article 26; Point c Clause 2 Article 28; Clause 1 and Point d Clause 3 Article 29; the second and third dashes of Point d Clause 3 Article 30; the second dash of Point b Clause 3 Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; the second and third dashes of Point d Clause 3 Article 40; Point c Clause 1 Article 41; Article 42; Point b Clause 1 Article 44; Point c Clause 1 Article 45; Article 46; Clause 1 Article 50; the second and third dashes of Point d Clause 3 Article 51; Point b Clause 1 Article 52; Point c Clause 2 Article 61; the second and third dashes of Point d Clause 3 Article 65; Clause 2 Article 78; Clause 2 Article 80; Point b and Point c Clause 5 Article 83; Clause 5 Article 91; Point a Clause 1 Article 93; Clause 1 Article 94; Article 97; Article 103; Point c Clause 1 Article 105; Clause 1 and Clause 2 Article 107 are abrogated.

Article 3. Implementation

1. This Decree comes into effect from November 20, 2018.

2. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, and Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.