Chương I: Nghị định 86/2018/NĐ-CP Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities 

1. This Decree provides regulations on foreign cooperation and investment in education including: joint education and training with foreign partners, foreign-invested educational institutions; representative offices of foreign education institutions in Vietnam.

2. This Decree shall be applicable to Vietnamese organizations and individuals, international organizations, and foreign organizations and individuals who cooperate and invest in education and training in Vietnam.

3. This Decree shall not be applicable to foreign partners and investors who cooperate and invest in vocational education in Vietnam.

Article 2. Definitions 

 For the purpose of this Decree, the following terms are construed as follows:

1. “Foreign-invested educational institutions” refer to institutions financed by foreign invested business entities which operate in accordance with the laws of Vietnam and are allowed to use their own seals and accounts.

2. "Short-term training institutions” refer to foreign-invested educational institutions including centers that provide training in foreign languages, IT, cultures and specialized skills, and training institutions established by foreign diplomatic missions and/or international governmental organizations, which are permitted to operate in Vietnam.

3. “Integrated education program” means a Vietnamese education program that is integrated with a foreign education program but still ensures its own objectives and avoids duplicated contents and knowledge.

4. “Joint education” means a form of cooperation between a Vietnamese pre-school or compulsory educational institution and a foreign educational institution in order to deliver an integrated education program.

5. “Joint training” means a form of cooperation between a Vietnamese higher educational institution and a foreign higher educational institution in order to deliver a training program leading to issuance of degrees or certificates without establishing a legal entity.

6. “A branch campus of a foreign-invested educational institution in Vietnam” means a unit within that institution’s organizational structure and also under its management.

7. “A representative office” means an affiliated unit of a foreign education establishing and operating in Vietnam to promote and develop cooperation and investment in education according to Vietnam’s laws.

Article 3. Education sectors permitted for cooperation and investment

1. Foreign organizations and individuals, and international organizations (hereinafter referred to as foreign entities) are permitted to cooperate and invest in education according to Vietnam’s laws and the International Agreements to which Vietnam is a signatory.

2. Foreign entities are permitted to cooperate and invest in training disciplines according to the current regulations except in national security and defense, politics and religions.

Article 4. Quality assurance and accreditation 

1. The joint education and training between Vietnam and foreign countries and the operation of foreign-invested educational institutions in Vietnam shall comply with Vietnam’s current regulations on quality assurance.

2. The educational institutions that are engaged in joint education and training with foreign partners and the foreign-invested educational institutions in Vietnam shall carry out accreditation in accordance with the current regulations of Vietnam.

Article 5. Finance for foreign cooperation and investment

1. The educational institutions that are engaged in joint education and training with foreign partners, the foreign-invested educational institutions and the representative offices shall comply with Vietnam's current regulations on finance, accounting, audit and taxation.

2. A foreign investor shall be permitted to contribute capital to and to purchase shares and stakes from a Vietnamese educational institution and a foreign-invested business entity that establishes an educational institution in Vietnam. The procedures for contributing capital to and to purchase shares and stakes shall be completed in accordance with the Law on Investment.