Chương VII : Nghị định 46/2017/NĐ-CP Kiểm định chất lượng giáo dục

Chapter VII 

EDUCATION QUALITY ACCREDITATION

Section 1. DOMESTIC EDUCATION QUALITY ACCREDITATION ORGANIZATION

Article 97. Regulatory eligibility requirements for establishment of a public education quality accreditation organization, or approval of establishment of a private education quality accreditation organization

The proposal for its establishment must be consistent with the plan for development of network of education quality accreditation organizations in accordance with regulations laid down in the Law on Higher Education. 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. 

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 followings:

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

b) The proposal for establishment of an education quality accreditation organization, prescribed by Article 97 hereof;

c) The résumé certified by the commune-level People’s Committee that must be submitted by the individual applying for establishment or the authenticated duplicate copy 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 authenticated duplicate copy 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.

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

1. The requesting organization must receive the Minister of Education and Training’s decision on establishment or approval of establishment.

2. The requesting organization must have permanent main office and facilities that meet requirements concerning education quality accreditation operations, provide an adequate number of offices for all accreditors with a minimum area of 08 m²/person, and prepare equipment necessary for accrediting operations.

3. The requesting organization must own at least VND 02 billion used as its operating capital.

4. The requesting organization must employ at least 10 accreditors who have been awarded creditor’s identity card and work full time in that requesting organization.

5. The requesting organization must administer its own website.

Article 100. Procedures and documentation requirements for grant of the license for education quality accreditation operations

1. The Minister of Education and Training shall have authority to issue the decision to grant the license for education quality accreditation operations.

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

a) The application form for the license to carry out education quality accreditation operations;

b) The written document giving certification of the right to use land and own house, held by the requesting organization, or the contract to rent house as the requesting organization's main officer that has the term of at least 02 years and is certified by the competent authority; the description of areas of offices and installed equipment;

c) The written confirmation of the account and capital of the requesting organization, given by the bank that legally operates within Vietnam or by the State Treasury;

d) The authenticated duplicate copy 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, authenticated duplicate copies of accreditor's identity card, degree or qualification, the decision on recruitment or the employment contract which has been signed by the requesting organization and accreditor;

dd) Address of the website of the requesting organization.

3. Implementation procedures:

a) The requesting organization 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 10 business days of the Ministry of Education and Training’s receipt of these documents, if the submitted set of documents has been found illicit, a written notification of contents that require correction or modification must be sent to the requesting organization;

c) Within the maximum duration of 30 business days of receipt of all legally required application documents, the Ministry of Education and Training evaluates the submitted documentation, verifies accuracy of materials enclosed in the submitted documentation, and conducts field inspection where necessary. If all stipulated eligibility requirements have been met, the Minister of Education and Training issues the decision to grant the license for educational quality accreditation operations. In case of refusal to grant that decision, a written notice must be sent, specify reasons for such refusal and provide possible solutions. The license for educational quality accreditation operations must specify subjects and scope of educational quality accreditation operations, and must be valid in 5 years from the issue date.

4. Not later than 30 days before the license for educational quality accreditation operations expires, the requesting organization must submit the request to the Ministry of Education and Training for renewal of that license.  The request must specify the operational process and enclose materials evidencing conformity of the requesting organization with requirements, referred to in Clause 2, 3 and 4 Article 99 hereof;

Within the maximum duration of 15 business days of receipt of the valid request, the Ministry of Education and Training shall carry out evaluation of the request, evidencing materials, and conduct field inspection where necessary. If all stipulated requirements are met, the Minister of Education and Training shall renew the license for education quality accreditation operations. The extended duration of the license for education quality accreditation operations shall be less than 05 years per each extension. In case stipulated requirements are not met, a written notice must be sent, give clear reasons and provide recommended solutions.

5. During the process of its operations, if the requesting organization wishes to modify or revise subjects or scope of accreditation operations, it must send the Ministry of Education and Training the request for making any revision or modification of the license. The procedures and documentation requirements for request for modification or revision of the license for education quality accreditation operations shall be subject to regulations laid down in Clause 2 and 3 of this Article.

Article 101. Suspension of education quality accreditation operations

1. The education quality accreditation organization shall be subject to suspension of its operations when one of the following situations occurs:

a) The requesting organization has committed any fraudulent act in order to obtain the license for its education quality accreditation operations;

b) The license for education quality accreditation operations has been issued ultra vires;

c) In the course of its operations, the requesting organization has failed to maintain conformance to regulatory requirements, specified in Clause 2, 3 and 4 Article 99 hereof;

d) It has not observed the fair and true view concept during the process of education quality accreditation operations and has recognized the false education quality accreditation results;

dd) As otherwise prescribed by laws and regulations.

2. The Minister of Education and Training shall have authority to issue the decision to suspend education quality accreditation operations.

3. Implementation procedures:

a) Where it is established that the requesting organization has committed one of the violations prescribed by Clause 1 of this Article, the Minister of Education and Training grants a decision to establish the inspection team, organize inspection activities to determine the severity of violation and make an inspection report;

b) Based on the severity of violation, the Minister of Education and Training considers issuing the decision to suspend education quality accreditation operations. The decision to suspend education quality accreditation operations must clearly specify reasons for such suspension and duration of suspension, and approaches to assuring legal rights and benefits of related organizations or individuals. The decision on suspension of education quality accreditation operations must be made known to the public through the website of the Ministry of Education and Training and mass media;

c) Upon expiration of the duration of suspension, if causes resulting in such suspension have been corrected, the requesting organization is required to submit the request form for permission for restoration of its education quality accreditation operations.   The request form must specify completion of correction of these causes and enclose evidencing documents (where available);

d) Within the permissible duration of 15 business days of receipt of the valid request, the Ministry of Education and Training carries out evaluation of the request, evidencing materials, and conducts field inspection where necessary. If causes resulting in such suspension have been mitigated, the Minister of Education and Training shall issue the decision to grant permission for restoration of educational quality accreditation operations. In case of refusal to grant that decision, a written notice must be sent, specify reasons for such refusal and provide possible solutions.

Article 102. Dissolution of an education quality accreditation organization

1. An education quality accreditation organization shall be dissolved when one of the following situations occurs:

a) The requesting organization has committed serious violations against applicable regulations on management, organization or operation of an education quality accreditation organization according to the conclusion drawn by the competent authority;

b) After 06 months from the date of entry into force of the decision on establishment or approval of establishment, the education quality accreditation organization neither registers its accreditation operations nor meets regulatory requirements for the license for education quality accreditation operations;

c) Upon expiration of the duration of suspension of education quality accreditation operations specified in the suspension decision, causes resulting in such suspension have not been corrected yet;

d) Upon expiration of the validity term of the license for education quality accreditation operations, the requesting organization has not made the request for extension of such term and, if that request has been made, has not received permission for such extension;

dd) The decision on establishment or approval of establishment of an education quality accreditation organization has been signed ultra vires;

e) The education quality accreditation organization is dissolved upon the request of the organization or individual acting as the founder of that organization.

2. The request documentation shall be composed of the followings:

a) If the organization or individual acting as the founder of an education quality accreditation organization requests such dissolution, the request documentation shall include the written request made by that organization or individual for dissolution which specifies reasons for such dissolution and approaches to assuring legitimate rights and benefits of related organizations or individuals.

b) If dissolution of the requesting organization is compulsory, the following documents must be submitted:

- The request form of subordinate functional divisions of the Ministry of Education and Training for dissolution of the education quality accreditation organization in which reasons for the request for such dissolution should be clearly defined;

- The written document indicating interpretation of such request prepared by subordinate functional divisions of the Ministry of Education and Training, enclosing evidences of the requesting organization's violation against applicable regulations that results in such dissolution, as prescribed by Point a through Point dd Clause 1 of this Article.

3. Implementation procedures:

a) If the organization or individual acting as the founder of an education quality accreditation organization files a request for such dissolution, the procedures shall be implemented as follows:

- The requesting organization sends 01 set of request documents for such dissolution, whether directly or by post, to the Ministry of Education and Training;

- Within the duration of 30 business days of receipt of the request documentation for dissolution of an education quality accreditation organization, subordinate functional divisions of the Ministry of Education and Training verifies, considers, evaluates such documentation and requests the Minister of Education and Training to issue the decision on dissolution of that organization.

b) If dissolution of the requesting organization is compulsory as prescribed by Point a, b, c, d and dd Clause 1 of this Article, the procedures shall be implemented as follows:

- Subordinate functional divisions of the Ministry of Education and Training prepares the request documentation for such dissolution which specified reasons for such dissolution and notifies the requesting organization of the said request documentation;

- Within the duration of 30 business days from the date of issue of notification of the request documentation for dissolution of an education quality accreditation organization, subordinate functional divisions of the Ministry of Education and Training verifies, considers, evaluates such documentation and requests the Minister of Education and Training to issue the decision on dissolution of that organization.

4. The dissolution decision must specify reasons for such dissolution and approaches to assuring legitimate rights and benefits of related organizations or individuals as well as must be published on the website of the Ministry of Education and Training.

Section 2. RECOGNITION OF FOREIGN EDUCATION QUALITY ACCREDITATION ORGANIZATION TO OPERATE WITHIN VIETNAM

Article 103. Eligibility requirements for awarding recognition to a foreign education quality accreditation organization operating within Vietnam

1. The foreign education quality accreditation organization has been awarded recognition or license to carry out lawful education quality accreditation operations by a host country or a legal international association.

2. The foreign education quality accreditation organization has acquired at least 05 years’ experience in providing education quality accreditation services till its application for recognition is processed.  

Article 104. Procedures and documentation requirements for awarding recognition to a foreign education quality accreditation organization to operate within Vietnam

1. The Minister of Education and Training shall have authority to issue the decision to award recognition to a foreign education quality accreditation organization operating within Vietnam.

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

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 foreign entity and consularized by the Ministry of Foreign Affairs of Vietnam, a diplomatic mission, a consular post or an entity authorized to perform the consular function of Vietnam in a foreign country, unless otherwise stipulated by the International Treaty to which the Socialist Republic of Vietnam is a party;

c) The summary of establishment and development of the foreign education quality accreditation organization which specifies links with related websites.

3. Implementation procedures:

a) The requesting organization 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. 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 of any required revision or modification;

b) 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 stipulated requirements are met, the Minister of Education and Training shall issue the decision to award recognition to the requesting foreign education quality accreditation organization to operate within Vietnam. The decision on such recognition must be published on the website of the Ministry of Education and Training and made known to the public through mass media.

4. During the process of its operations, if the requesting organization wishes to modify or revise subjects or scope of accreditation services, it must send the Ministry of Education and Training the request for grant of revised or modified recognition. Procedures and documentation requirements for request for grant of the decision on revised or modified recognition shall be subject to Clause 2 and 3 of this Article.

Article 105. Revocation of the decision to award the recognition to a foreign education quality accreditation organization to operate within Vietnam

1. The education quality accreditation organization shall be subject to revocation of the decision on recognition of its education quality accreditation services when one of the following situations occurs:

a) The affected organization has committed any fraudulent act in order to obtain the license to provide its education quality accreditation services within Vietnam;

b) The decision on recognition of its education quality accreditation operations has been issued ultra vires;

c) In the course of its provision of education quality accreditation services, the affected organization has failed to maintain its conformance to regulatory requirements, specified in Clause 1 Article 103 hereof;

d) It has not observed the fair and true view concept during the process of education quality accreditation operations and has recognized the false education quality accreditation results;

dd) As otherwise prescribed by laws and regulations.

2. The Minister of Education and Training shall have authority to issue the decision to revoke the recognition awarded to a foreign education quality accreditation organization to operate within Vietnam.

3. Implementation procedures:

a) Where it is established that the affected organization has committed one of the violations prescribed by Clause 1 of this Article, the Minister of Education and Training grants a decision to establish the inspection team, organizes inspection activities to determine the severity of violation and makes an inspection report;

b) Based on the severity of violation which has already been determined, the Minister of Education and Training considers revoking the decision to award recognition to a foreign education quality accreditation organization to operate within Vietnam. The revocation decision must specify reasons for such revocation and approaches to assuring legitimate rights and benefits of related organizations or individuals, must be published on the website of the Ministry of Education and Training and must be made known to the public through mass media.

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