Chương II: Nghị định 86/2018/NĐ-CP Liên kết giáo dục và đào tạo với nước ngoài

Chapter II

JOINT EDUCATION AND TRAINING WITH FOREIGN PARTNERS

Section 1: Joint education

Article 6. Entities eligible for engaging in joint education

Private pre-school educational institutions and private compulsory educational institutions in Vietnam, and legal educational institutions in foreign countries that are accredited by education quality assessment organizations or foreign competent agencies.

Article 7. Education programs, facilities and teaching staff 

1. Education programs.

a. A foreign education program which is introduced in the integrated program shall be accredited by the home country or by an educational competent agency of the aforesaid country.

b. The integrated education program shall ensure the objectives of the Vietnamese education program and still satisfy the requirements of the foreign education program; learners shall not be forced to study the same contents again, and the integrated program shall ensure its consistency throughout the class level and the connection between levels for the benefit of students; the aforesaid program shall also ensure that students are allowed for volunteer participation and shall not overwhelm them.

c. An integrated education program shall be approved by a competent agency. The Minister of Education and Training provides specific provisions for the integration between Vietnamese education programs and foreign education programs.

2. The size of class and the facilities shall satisfy the requirements of the integrated program and shall not affect the teaching activities of the Vietnamese educational institution during the cooperation process.

3. Teaching staff

a. A Vietnamese teacher assigned to teach an integrated education program shall satisfy the training requirements according to the regulations of Vietnam’s laws.

b. A foreign teacher assigned to teach an integrated program shall have a bachelor’s degree corresponding to his/her teaching majors and shall also have a teacher certificate or equivalent.

c. A teacher assigned to teach an integrated education program in a foreign language shall satisfy the language proficiency requirements of the program; and his/her ability shall not be below level 5 according to Vietnam's language proficiency framework or equivalent.

Article 8. Assessment of students’ performance; examination, graduation, and issuance of qualifications

1. The assessment of students’ performance; examination, certification of completion in education program, and certification of graduation shall be carried out in accordance with Vietnam's laws and with the laws of the home country providing the education program.

2. A learner who completes a high school integrated program shall be issued with both Vietnamese and foreign diplomas.

Article 9. Application documents for approval for integrated education program and for joint education

1. Application documents for approval for joint education shall include:

a. An application form for approval for joint education with a foreign partner, signed by both parties using form No.01 in the Appendix hereto.

b. An agreement or a cooperation contract signed by both parties, in which there is specific information about both parties and their responsibilities for the information provided in the agreement/contract on the program, learning and teaching materials, teachers, facilities, examination, assessment, certificates, finance and other related information.

c. Documents proving the legal status of both parties include: a certified true copy or a copy enclosed with an original of the decision on establishment or the establishment license granted to the educational institution; or other equivalent documents.

d. Contents and subjects of the foreign education program introduced in the integrated program and in the integrated program expected to be carried out.

dd. Descriptions of the integrated education program.

e. A certificate of accreditation or a certificate of approval for the foreign education program from a competent agency (a certified true copy or a copy enclosed with an original);

g. The project of joint education developed by both parties using the form No. 02 in the Appendix hereto, including the following contents: The necessity; the introduction of both parties; the contents of the integrated program; facilities and equipment; a list of teachers enclosed with their resumes; the enrollment candidates and criteria and scale; the qualifications to be issued, the equivalence between the foreign qualifications and Vietnam’s qualifications (if any); the methods for protecting benefits of learners and employees; the persons in charge of the joint program, the resumes of the representatives of Vietnamese educational institutions and of foreign educational institutions participating in managing the program; the tuition fees; the financial aids provided by foreign and Vietnamese individuals and organizations (if any); the budget estimates; the financial management mechanism; the responsibilities and entitlements of teachers and students.

2. Application documents for approval for the integrated education program:

a. An application form for approval for the integrated education program.

b. Contents and subjects of the foreign education program introduced in the integrated education program and in the integrated program expected to be carried out.

c. Descriptions of the integrated education program.

d. A certificate of accreditation or a certificate of approval for the foreign education program from a competent agency (a certified true copy or a copy enclosed with an original)

Article 10. The authority and procedures for approving joint education

1. The authority and procedures for approving joint education with foreign partners:

a. The Director of the Department of Education and Training has authority to approve the joint education with foreign partners.

b. Both parties shall send 01 set of application documents in person or by post to the Department of Education and Training.

c. Within 10 working days from the date on which the complete application documents stipulated in Clause 1, Article 9 hereof are received, the receiving agency shall appraise the documents and forward them to the Minister of Education and Training to approve the integrated program in accordance with point c, Clause 1, Article 7 hereof.

d. If the submitted application is incomplete, within 05 working days from the date on which the complete application documents are received, the Department of Education and Training shall send a written notification in person or by post or via email to both parties.

dd. Within 05 working days from the date on which the Ministry of education and training’s appraisal result regarding the integrated education program is received, the Department of Education and Training shall make a decision to approve the joint education (hereinafter referred to as Approval Decision) using form No. 03 in the Appendix hereto. If the application is refused, the Department of Education and Training shall provide explanation in writing.

2. The authority and procedures for approving the integrated education program.

a. The Minister of Education and Training has authority to approve the integrated education program.

b. The Department of Education and Training shall send 01 set of application documents in person or by post to the Ministry of Education and Training.

c. Within 20 working days from the date on which the application documents stipulated in Clause 2, Article 9 hereof are received, the Ministry of Education and Training shall appraise the integrated education program and send a written notice of the processing result to the Department of Education and Training.

d. If the submitted documents are incomplete, within 05 working days from the date on which the documents are received, the Ministry of Education and Training shall send a written notification in person or by post or via email to the Department of Education and Training.

Article 11. Period of joint education 

The period of joint education shall not be longer than 05 years from the date on which the application is approved; this period can be extended and each extension shall be no more than 05 years.

Article 12. Extension or modification to the Approval Decision

1. The procedures for extending the period of joint education shall be completed within 06 months prior to the expiration date.

2. Conditions for extension:

a. Both parties shall comply with the regulations stipulated in the Approval Decision.

b. Both parties have not violated the Vietnam's and foreign laws.

3. Application documents for extension of or modification to the Decision:

a. An application form for extension of or modifications to the Approval Decision signed by both parties, using form No. 04 in the Appendix hereto.

b. A final report on the operation of joint education program within the licensed period.

c. An agreement or a cooperation contract which is signed by both parties and is still effective; its contents shall include the specific information stipulated in point b, Clause 1, Article 9 hereof.

4. The authority and procedures for granting the extension or modifications:

a. The person who is authorized to approve the joint education proposal shall also have the authority to grant the extension or modifications to the Decision.

b. Both parties shall send 01 set of application documents in person or by post to the competent authority stipulated in point a of this clause.

c. Within 05 working days from the date on which the application documents are received, if they are deemed incomplete according to clause 3 of this Article, the receiving agency shall send a written notification in person or by post or via email to both parties.

d. Within 10 working days from the date on which the application documents are received, the receiving agency shall appraise the aforesaid documents, consider granting the extension of or modifications to the decision to approve joint education (hereinafter referred to as Extension Decision or Modification Decision); if the Approval Decision cannot be extended or modified, then the Director of Education and Training shall provide explanation in writing.

In case where the integrated education program is modified along with the joint educational activities, the procedures specified in Article 10 hereof shall be carried out.

Article 13. Suspending enrollment or terminating joint educational program

1. The enrollment for the joint education program shall be suspended if the school carrying out the aforesaid program does not satisfy one of the requirements stipulated in Article 7 hereof.

2. Responsibilities of both parties when the enrollment is suspended:

a. Eliminate the violations that lead to suspension of enrollment.

b. Ensure that the students participating in the integrated program can continue their study.

c. Notify the competent person who approves the joint education program of the result of eliminating the violations in order to gain a permit for resuming its operation.

3. The joint educational program shall be terminated in the following cases:

a. The period specified in the Approval Decision or Extension Decision or Modification Decision expires.

b. At the request of both parties.

c. The period of enrollment suspension has expired but the violations resulting in the suspension have not been eliminated.

d. Violating the regulations of the Approval Decision or Extension Decision or Modification Decision to a degree that the program must be terminated according to the laws.

4. Responsibilities of both parties when the joint education program is terminated before the expiration date.

a. Ensure that the students participating in the integrated program can continue to study until they finish the school level.

b. Refund the fees that the students paid for the school if the joint education program is terminated.

c. Pay the teachers and employees salaries, wages, remuneration and other benefits according to the labor contracts or the collective labor agreements in accordance with the regulations of the labor law.

d. Settle the tax debts (if any) and other debts.

5. Application documents, procedures and authority to terminate the joint educational program.

a. The person who is authorized to approve the joint education program shall also have authority to terminate the aforesaid program.

b. The application documents for termination of joint educational program shall include: An application form for termination of the joint educational program using form No.05 in the Appendix hereto. The applicant shall provide explanation about the reasons for request, plans for terminating the program and other measures for protecting the legal benefits of the learners and employees; and shall also provide the plans for solving financial and property problems.

c. The application for termination of joint educational program shall be sent in person or by post to the competent agency stipulated in Article 10 hereof.

d. Within 15 working days from the date on which the application documents are received, the receiving agency shall appraise the aforesaid documents, decide to terminate the program and announce the termination via mass media means; if the program has not been terminated yet, the Director of the Department of Education and Training shall provide explanation in writing for both parties.

dd. In case where the joint educational program falls under any termination case as prescribed in point c and d, clause 3 of this Article, the competent agency shall consider terminating the program.

Article 14. Responsibilities of both parties 

1. Adhere to the Approval Decision or Extension Decision or Modification Decision.

2. Provide sufficient and clear information about the joint educational program on the website of the parties, and take full responsibility for the authenticity of such information.

3. Take full responsibility for the legitimacy of the foreign qualifications issued to students.

4. Fulfill other obligations in accordance with the laws.

5. Follow the reporting regime:

a. Both parties shall send an annual report on the progress of carrying out joint education program to the Department of Education and Training before October 31 every year.

b. The report shall include the following main contents: The adherence to the Approval Decision or Extension Decision or Modification Decision, the organization structure, the teachers and lecturers, the number of enrolled students, the organization of teaching and learning, the students’ academic performance, the number of graduated students, the graduation rates, the issued certificates, the financial statements, the difficulties and advantages during the process of implementation, suggestion and proposal.

c. The Department of Education and Training shall make a general review report based on the reports submitted by both parties and send it to the Ministry of Education and Training before November 30 every year.

d. The report shall be submitted online and in writing.

Section 2. JOINT TRAINING AT BACHELOR’S, MASTER’S AND DOCTORATE LEVELS AND EXAMINATION FOR ISSUANCE OF CERTIFICATES OF FOREIGN LANGUAGE PROFICIENCY

Article 15. Eligible institutions and forms of joint training

1. Institutions eligible for providing joint training programs at bachelor’s, master's and doctorate levels:

a. The higher educational institutions legally established and lawfully operating in Vietnam, of which the education quality has been accredited.

b. The higher educational institutions legally established and lawfully operating in foreign countries; which have been recognized by foreign accreditation organizations or foreign competent agencies, and recognized by Vietnam's competent authorities.

2. The institutions or organizations allowed to jointly administer exams and issue certificates of foreign language proficiency:

a. Educational or training institutions or organizations that are legally established and operate in Vietnam.

b. Agencies and organizations assessing language proficiency and are legally established and operate in foreign countries.

3. Permitted forms of joint training:

a. Direct joint training program.

b. Online joint training program.

c. Combination of both direct and online joint training programs.

4. The Minister of Education and Training provides specific provisions on online joint training programs, combination of direct and online joint training programs, and on joint examination provided for the purpose of issuing certificates of foreign language proficiency.

Article 16. Range, scale and enrollment, and the language taught in the joint training programs

1. Range of joint training:

a. The higher educational institutions stipulated in point a, clause 1, Article 15 hereof are only permitted to provide joint training programs within the range of training majors and levels allowed by Vietnam's competent authorities.

b. The higher educational institutions stipulated in point b, clause 1, Article 15 hereof are only permitted to provide joint training programs within the disciplines and levels allowed by Vietnam’s competent authorities.

2. The joint training scale shall be determined based on the quality assurance conditions of the programs: facilities, equipment, laboratories, libraries, teaching staff and managers. The aforesaid conditions shall be different from the conditions used for calculating the enrollment quota of the educational institution. In case where both parties have the same quality assurance conditions, then the scale of joint training programs shall be included in the annual total enrollment scale of the educational institution. The Vietnamese educational institutions and the foreign educational institutions shall specify the scale of joint training in the application for approval for joint training program, and submit the aforesaid application to the competent authorities stipulated in Article 22 hereof for approval.

3. An enrollment candidate for joint training programs shall satisfy the following requirements:

a. If the candidate is going to receive a Vietnamese higher education degree, he/she shall satisfy the enrollment conditions for bachelor’s, master’s and doctorate levels according to the laws of Vietnam.

b. If the candidate is going to receive a foreign higher education degree, he/she shall satisfy the enrollment conditions for bachelor’s, master's and doctorate levels of the aforesaid institution corresponding to the enrollment conditions stipulated in the laws of the home country where the institution is established.

c. If the candidate is going to receive both Vietnamese and foreign HEI degrees, he/she shall satisfy the requirements stipulated in point a and b of this clause.

d. Foreign language proficiency: If the candidate is going to receive a certificate from a Vietnamese higher educational institution, he/she shall reach level 3 in Vietnam's language proficiency framework or equivalent; if the aforesaid candidate is going to receive a certificate from a foreign higher educational institution, or if he/she receives certificates from both Vietnamese and foreign higher educational institutions, he/she shall reach at least level 4 in Vietnam's language proficiency framework or equivalent; if the candidate applies for the joint training program taught in a foreign language, he/she shall satisfy the language requirements of the foreign educational institution.

dd. Depending on the demand from students, the associated educational institutions shall provide courses in foreign languages to help their students reach the levels stipulated in point d of this clause before starting the official programs.

4. The subjects in the joint training program that are designed to issue foreign certificates shall be taught in foreign languages, neither in Vietnamese nor through a translator. The subjects in the joint training program that are designed to issue Vietnamese certificates shall be taught in Vietnamese or through a translator.

Article 17. The joint training program

1. A joint training program may correspond to the foreign training program or may be developed by both parties; the aforesaid program may be either completely carried out in Vietnam or partially carried out both in Vietnam and in a foreign country; It may be designed to issue either foreign qualifications or both Vietnamese and foreign qualifications.

2. A foreign training program carried out in Vietnam shall be accredited by the home country or recognized by the competent agency of the aforesaid country; the aforesaid program shall not damage the national security and public interests; shall not spread religion, distort history or negatively affect the cultures, ethics and traditional customs of Vietnam; and shall ensure the connection between the levels.

3. The program outcome standards of the joint training programs with foreign countries shall not be lower than those stipulated in the regulations of Vietnam’s laws.

Article 18. Facilities, equipment and locations

1. As for joint training:

a. Facilities and equipment used in a joint training program shall satisfy the requirements of the disciplines being taught, without affecting the general training of the Vietnamese educational institution, including: classrooms, teachers’ rooms, computer labs, practice rooms, laboratories, libraries and other necessary equipment. The minimum average area used in teaching and learning in direct joint training program shall be 05m² per student.

b. The institution that provides the joint training program shall provide sufficient textbooks and learning materials to serve the study and research needs of students.

c. The joint training program shall not be provided outside the Vietnamese educational institution’s head office, where the aforesaid program is permitted to be provided.

2. As for the test administration carried out to issue foreign certificates of language proficiency:

The locations, facilities, equipment and staff serving the joint test administration shall satisfy the quality assurance conditions for the administration.

Article 19. Teaching staff

1. Lecturers’ qualifications.

a. As for the joint training program at bachelor’s level, the lecturer shall possess at least a master's degrees or higher in the discipline group being taught.

b. As for the joint training program at master’s level, the lecturer who teaches the subjects and modules, and guides master's theses shall possess at least a doctorate degree in the discipline group being taught; the lecturer who guides the practice and internship shall possess at least a master's degree in the major that they participate in to guide the practice and internship.

c. As for the joint training program at doctorate level, the lecturer shall process at least a doctorate degree in a discipline group suitable for the assigned subject in the doctorate course. The person who guides researchers shall satisfy the requirements for guiding researchers who participate in a Vietnam’s doctorate training program.

2. The lecturer who teaches the subjects in joint training program shall have experience in teaching higher education courses corresponding to his/her own majors, except the cases stipulated in clause 4 of this Article.

3. A lecturer who teaches subjects in the joint training program in a foreign language shall satisfy the language proficiency requirements of the program, but his/her skills shall not be below level 5 of the Vietnam's language proficiency framework or equivalent.

4. A native speaker who teaches language skills shall possess a bachelor’s degree or higher and a suitable foreign language teaching certificate.

Article 20. Examinations, assessment, graduation recognition and issuance of qualifications

1. The examinations, assessment and certificates of completion of subjects and training programs, and graduation recognition shall comply with Vietnam’s laws when issuing Vietnam’s qualifications, or comply with foreign laws when issuing foreign qualifications.

2. Qualifications issued to learners who participate in joint training programs or study at foreign-invested educational institutions, shall satisfy the following requirements:

a. A certificate that is issued by a Vietnamese educational institution shall comply with the regulations of Vietnam's laws.

b. A certificate issued by a foreign educational institution shall comply with the home country’s laws and shall be approved by a Vietnamese competent agency.

c. In case where the certificates are issued by both Vietnamese educational institution and foreign educational institution, it shall comply with the regulations stipulated in point a and b of this clause.

3. The examinations being taken and the assessment of academic performance of learners who take online courses shall be carried out on the premises at the joint training educational institution in Vietnam.

4. The certificate of foreign language proficiency issued by a foreign institution shall be legally recognized by the home country and shall be used worldwide.

Article 21. Application documents for approval for cooperation in joint training program and in joint test administration which is carried out to issue foreign certificates of language proficiency

1. As for joint training:

a. A written application form for approval for joint training program with a foreign partner, signed by both parties using form No.06 in the Appendix hereto.

b. An agreement or a cooperation contract between two parties, in which there is specific information about both parties and responsibilities taken by both parties for the provided information about the program, studying and teaching materials, lecturers, facilities, examination, assessment, qualifications, financial information and other related information.

c. The documents proving the legal status of both parties including: A certified true copy or a copy enclosed with an original of the decision on approving the establishment of the educational institution, or other equivalent.

d. The documents proving that both Vietnamese educational institution and foreign educational institution are permitted to provide training in the expected sector. (a certified true copy or a copy enclosed with an original).

dd. A certificate of accreditation for foreign training program or documents on recognition of the education quality from a competent agency (a certified true copy or a copy enclosed with an original)

e. A written approval for the joint training program conducted with a foreign partner from the superior body, which is applicable to Vietnamese educational institution (if any)

g. The project of joint training conducted with a foreign partner which is developed by both partners using form No.7 in the Appendix hereto, shall include the following contents: The necessity; the objectives of the joint training program; the introduction of both parties; the contents of joint training program; the discipline and level of training; the facilities, equipment and teaching contents; the list of expected lecturers enclosed with their resumes; the enrollment candidates and enrollment criteria; the training scale; the forms of examination and assessment; qualifications expected to be issued; the equivalence between the foreign certificates and Vietnam's certificates; the measures for maintaining education quality and protecting benefits of learners and employees; the management staff; the resumes of the representatives of the Vietnamese educational institution and foreign educational institution that participate in managing the program; the tuition rates and financial aids from Vietnam's and foreign entities (if any); the budget estimates; the financial management mechanism; responsibilities and entitlements of both parties; responsibilities and entitlements of teachers and learners.

2. As for the joint test administration carried out to issue foreign certificates of language proficiency, the application documents shall include:

a. An application form for approval for the joint test administration using form No.08 in the Appendix hereto.

b. An agreement or a cooperation contract between the Vietnamese test center and the foreign-owned test center.

c. A written document proving the legal status of both parties.

d. The plan for administering tests to issue foreign certificates of language proficiency shall be written in form No. 09 in the Appendix hereto, in which there is information about: the value and scope of use of foreign language certificates, the proofs of quality assurance for administering tests, the locations for administering tests, the forms of joint test administration, responsibilities of both parties, the testing fees and other fees, collection and payment mechanism and financial management mechanism, entitlements and responsibilities of the examinees, and other related information.

Article 22. The authority to make approval

1. The Minister of Education and Training has authority to approve the joint test administration aiming to issue foreign certificates of language proficiency, the joint training program at bachelor’s, master's and doctorate levels carried out in the forms stipulated in clause 3, Article 15 hereof, except the cases stipulated in clause 2 of this Article.

2. The directors of national universities and regional universities, and the heads of educational institutions operating with autonomy mechanism have authority to approve the direct joint training programs at bachelor’s, master's and doctorate levels provided at their institutions.

3. The principals (directors) of the Vietnamese educational institutions shall approve the joint training program provided to issue certificates other than foreign certificates of language proficiency and certificates of training to be converted to number of credits or modules as basis for award of degrees.

Article 23. Procedures for approval for joint training program and joint test administration which is carried out to issue foreign certificates of language proficiency

1. As for joint training program

a. Both parties shall send 01 set of application documents stipulated in clause 1, Article 21 hereof in person or by post to a competent authority stipulated in Article 22 hereof.

b. Within 20 working days from the date on which the complete documents are received, the receiving agency shall appraise the aforesaid documents and promulgate the decision on approving the joint training program conducted with a foreign partner, using form No.10 in the appendix hereto.

c. In case where the application documents are deemed incomplete, within 05 working days from the date on which the aforesaid documents are received, the receiving agency shall send a written notification in person or by post or via email to the applicant.

2. As for the joint test administration carried out to issue foreign certificates of language proficiency.

a. Both institutions that provide tests with the aim to issue foreign certificates of language proficiency shall send 01 set of application documents stipulated in clause 2, Article 21 hereof in person or by post to the Ministry of Education and Training.

b. Within 20 working days from the date on which the application is received, the Ministry of Education and Training shall appraise the aforesaid application and send a written notification in person or by post to both parties. .

c. In case where the application documents are deemed incomplete, within 05 working days from the date on which the documents are received, the Ministry of Education and Training shall send a written notification in person or by post or via email to both parties.

Article 24. Period of joint training and joint test administration

The period of joint training program and of test administration carried out to issue foreign certificates of language proficiency shall be no longer than 05 years from the date on which the application is approved and may be extended; each extended period shall be no more than 05 years but not exceeding the time limit specified in the agreement or the cooperation contract signed by both parties.

Article 25. Extension or modifications to the Decision of joint training and test administration proposals

1. Both parties who provide joint training program or administer tests with the aim to issue foreign certificates of language proficiency shall send 01 set of application documents stipulated in clause 5 of this Article in person or by post to the competent authority.

2. The procedures for extending joint training program or joint test administration shall be completed within 06 months prior to the expiration date of the approval decision. The modification to the Approval Decision for joint training program and joint test administration shall be done as requested by both parties.

3. Conditions for extension of or modification to the Approval Decision for joint training:

a. Both parties shall comply with the regulations of the Approval Decision.

b. They have not violated the regulations of Vietnam’s and foreign laws.

c. The joint training program shall continue to satisfy the conditions of accreditation.

4. Requirements for extension of or modification to the approval decision for administering tests:

a. Both parties shall comply with the regulations of the approval decision.

b. Both parties shall not be suspected of cheating in administering tests.

5. Application documents for extension or modification:

a. An application form for extension of or modification to the Approval Decision, written in form No. 11 in the Appendix hereto and signed by both parties.

b. A final report on the operation of the joint training program and the joint test administration within the permitted period.

c. An effective agreement or an effective cooperation contract signed by both parties.

6. Authority and procedures for approving the extension or modification:

a. The authority granting Approval Decision shall also have authority to grant the Extension Decision or Modification Decision.

b. Both parties shall send 01 set of application documents stipulated in clause 5 of this Article in person or by post to the competent agency stipulated in Article 22 hereof.

c. Within 10 working days from the date on which the application documents are received, the receiving agency shall appraise the documents and promulgate the Extension Decision or Modification Decision.

d. In case where the application documents are deemed incomplete, within 05 working days from the date on which the aforesaid documents are received, the receiving agency shall send a written notification in person or by post or via email to both parties.

Article 26. Suspension of enrollment or termination of cooperation in joint training program and in joint test administration

1. The joint training program enrollment shall be suspended if the aforesaid program does not satisfy one of the requirements stipulated in Article 16, 17, 18, 19, and 20 hereof.

2. Responsibilities of the educational institutions when the joint training program enrollment is suspended.

a. Eliminate the violations that lead to the suspension of enrollment.

b. Ensure that the learners participating in the joint training program are allowed to continue their study.

c. Notify the authorized person who approves the joint training program of the result of eliminating the violations that may lead to enrollment suspension in order to gain a permit for resuming its operation.

3. Joint training program shall be terminated in the following cases:

a. If the period, stipulated in the Approval Decision, Extension Decision or Modification Decision regarding the joint training program, expires.

b. At the request of both parties.

c. If the period of enrollment suspension has expired but the violations resulting in the suspension have not been eliminated

d. If the parties violate the regulations of the Approval Decision or Extension Decision or Modification Decision regarding the joint training program to a degree that the program must be terminated as prescribed by laws.

dd. If the joint training program is terminated but the violations resulting in the suspension have not been eliminated in order for the program to ensure the successful implementation of the regulations stipulated in Article 16, 17, 18, 19 and 20 hereof.

4. Responsibilities of the educational institution when the joint training program is terminated.

a. Contact the enrolled students in order to transfer them to another educational institution as prescribed by law.

b. Refund the fees that the learners paid for the school if the joint training program and the certificates are not recognized by the Ministry of Education and Training, or if the aforesaid program is suspended or terminated but the learners are not allowed to or do not want to transfer to another educational institution.

c. Pay the wages to or provide other benefits for the teachers, lecturers and employees in accordance with the labor contracts or the collective labor agreement signed with them.

d. Pay for the tax debts (if any) and other debts.

5. The joint test administration carried out to issue foreign certificates of language proficiency shall be terminated in the following cases:

a. The joint test administration is not permitted by the foreign test-administering institution to continue carrying out in Vietnam.

b. Frauds are found in application documents or test administration or issuance of foreign certificates of language proficiency.

c. There are violations of the regulations specified in the approval document for administering tests.

6. Responsibilities of both parties in the case where the joint test administration is terminated:

a. Refund the fees that the tests takers already paid for when they are not allowed to take the tests.

b. Refund the fees that the test takers already paid for or other fees that may occur when the foreign certificates of language proficiency are deemed not valuable or are not recognized by a Vietnam's competent agency.

c. Fulfill their obligations to their employees according to the laws.

d. Pay for the tax debts (if any) or other debts.

7. Authority, application documents and procedures for terminating the cooperation.

a. The person who approves the cooperation shall also have authority to terminate it.

b. An application form using form No. 12 in the Appendix hereto, in which there are specific reasons for terminating the cooperation, and is enclosed with the terminating plan, with measures for protecting the legal rights of the learners and employees, and with the methods for solving financial and property problems.

c. The application documents for termination shall be sent in person or by post to the competent agency stipulated in Article 22 hereof.

d. Within 15 working days from the date on which the application documents are received, the receiving agency shall appraise the documents, make a decision to terminate the cooperation and announce the aforesaid decision through mass media; if the cooperation in joint training and in joint test administration is not terminated, the authorized person stipulated in Article 22 hereof shall provide explanation about this case in writing.

Article 27. Responsibilities of both parties and the reporting regime

1. Responsibilities of both parties.

a. Provide sufficient and clear information relating to the cooperation on their websites and shall take full responsibility about the authenticity of the aforesaid information.

b. Adhere to the Approval Decision.

c. Take full responsibility about the legitimacy of the foreign qualifications issued to learners.

d. Fulfill other obligations in accordance with the laws.

2. Responsibilities of both parties when carrying out joint test administration in order to issue foreign certificates of language proficiency.

a. Provide sufficient and clear information regarding the cooperation on their websites and take full responsibility about the authenticity of the aforesaid information.

b. Comply with the cooperation plan to ensure that the joint test administration is carried out in accordance with the laws without suspicion of cheating.

c. Take full responsibility about the legitimacy of the foreign certificates issued to learners.

d. Fulfill other obligations in accordance with the laws.

3. Reporting regime for joint training:

a. Before October 31 every year, both parties shall submit an annual report on the cooperation to the competent agency for approval and to the agency in charge (if any).

b. The report shall include the following contents: the implementation of the Approval Decision, Extension Decision and Modification decision, the organizational structure, the teachers and lectures, the number of enrolled students, the organization of teaching and studying, the academic performance of undergraduate students and graduate students, the number of graduated students, the graduation rates, the number of issued qualifications, the financial report, the difficulties and advantages occur during the process of implementation, suggestion and proposal.

c. The report shall be written based on the reports about collective joint training from the units that cooperate in joint training, national universities, local universities and other educational institutions operating according to autonomy mechanism; the aforesaid report shall be sent to the Ministry of Education and Training before November 30 every year.

d. The report shall be submitted online or in writing.

4. The reporting regime regarding the joint test administration.

a. Before January 15 every year, both parties shall send an annual report on the cooperation in test administration to the Ministry of Education and Training and the Department of Education and Training of province, both within the locations where the test administration takes place.

b. The report shall include the following contents: The implementation of the cooperation plan, the number of persons who register for the tests, the number of persons who have already completed the tests, the financial report, the difficulties and advantages during the process of implementation, suggestion and proposal.

c. The report shall be submitted online or in writing. 

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