Chương III: Nghị định 86/2018/NĐ-CP Cơ sở giáo dục có vốn đầu tư nước ngoài

Chapter III

FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Section 1: FORMS, PERIODS OF OPERATION, PROCEDURES FOR APPROVING ESTABLISHMENT, RIGHTS AND OBLIGATIONS OF THE FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Article 28. Permissible forms of foreign-invested educational institutions

1. Short-term training institutions

2. Pre-school educational institutions.

3. Compulsory educational institutions (elementary schools, middle schools, high schools, universal schools).

4. Higher educational institutions

5. Branch campuses of foreign-invested higher education institutions in Vietnam.

Article 29. Naming foreign-invested educational institutions

1. The Foreign-invested educational institutions shall be established and operate in forms of schools and centers and shall be named as follows:

a. As for schools, their names shall follow this order: "Trường” (Kind of school), “Cấp học hoặc trình độ đào tạo” (Grade or level) and “Proper name”;

b. As for short-term training institutions, their names shall follow this order: "Trung tâm giáo dục hoặc đào tạo” (The educational or training center), "Ngành hoặc nhóm đào tạo chính" (Primary disciplines) and “Proper name”.

c. As for the branch campuses of the foreign-invested higher education institutions in Vietnam, their names shall follow this order: “Phân hiệu" (Campus of), "Tên cơ sở giáo dục đại học có vốn đầu tư nước ngoài" (Proper name of the foreign-invested higher education institution) and "Tại tỉnh/thành phố” (name of the province/city).

2. The name of a foreign-invested educational institution shall not coincide or cause confusion with the name of a registered educational institution or the name of the enterprise that execute the investment project; shall not use the words or symbols that contradict the tradition, history, culture, ethics and customs of Vietnam.

3. A foreign-invested educational institution shall have both Vietnamese and English names (or in another common foreign language) with the same contents as described above.

4. The Minister of Education and Training shall consider and make a decision on naming a number of particular educational institutions.

Article 30. Period of operation

The period of operation of a foreign-invested educational institution shall be no longer than 50 years from the date on which the certificate of investment registration is issued, but shall not exceed the renting period.

Article 31. Procedures for approving the establishment

1. The procedures for approving the establishment of short-term foreign-invested training institution shall be completed as follows:

a. Issue investment registration certificate.

b. Issue the license to provide education and post the decision on the licensing authority’s website.

2. The procedures for approving the establishment of a pre-school educational institution and a compulsory educational institution as requested by a foreign diplomatic mission or an inter-government international organization shall be completed as follows:

a. Issue the establishment license.

b. Issue the license to provide education and post the decision on the licensing authority’s website.

3. The procedures for approving the establishment of a pre-school educational institution, a compulsory educational institution and a foreign-invested higher education institution shall be completed as follows:

a. Issue the investment registration certificate

b. Issue the establishment certificate.

c. Issue the license to provide education and post the decision on the licensing authority’s website.

4. The procedures for approving the establishment of a campus of foreign-invested educational institutions shall be completed as follows:

a. Issue the investment registration certificate.

b. Issue establishment certificate to the campus of foreign-invested educational institution.

c. Issue the license to provide education and post the decision on the licensing authority’s website.

Article 32. Rights and obligations of foreign-invested educational institutions

1. Have the lawful rights and benefits as prescribed in Vietnam's laws and in the international agreements to which Vietnam is a signatory.

2. Comply with the territorial administrative management from the People's Committees of the provinces; operate and comply with the State management as prescribed by Vietnam’s laws.

3. Disclose the commitment on education quality, the conditions for ensuring the education quality and the collection and payment mechanism. Take responsibility to refund the fees to the learners if the training program quality is not consistent with the commitment.

4. Protect the lawful rights and benefits of the learners, officers, lecturers, teachers and employees if the period of operation is terminated or is forced to be terminated before the expiration date.

5. Facilitate the operation of political organizations and socio-political organizations, which are established and operate under Vietnam’s laws, at foreign-invested educational institutions.

6. Report the comprehensive development of the institutions to the superior regulatory agencies and also provide explanation as required by the aforesaid agencies before November 30 every year. The report shall include the following contents: The implementation of the decision on approving the educational provision, the organizational structure, the teachers and lecturers, the number of enrolled students, the organization of teaching and learning, the academic performance of students, undergraduate students and graduate students, the number of graduated students, the graduation rates, the issued qualifications, the financial report, the difficulties and advantages during the process of implementation, suggestion and proposal. The report shall be submitted online or in writing.

7. Other rights and obligations as prescribed by Vietnam's laws.

Section 2. AUTHORITY AND PROCEDURES FOR APPRAISING THE CONDITIONS OF EDUCATION TO ISSUE INVESTMENT REGISTRATION CERTIFICATES

Article 33. Conditions of education for issuance of investment registration certificates

1. Conform with the education institution network approved by a competent agency.

2. Satisfy the requirements specified in Article 3 hereof.

Article 34. Authority and procedures for appraising education conditions

1. As for the projects of establishing higher educational institutions, the agency that issues the investment registration certificates shall submit the application documents to the Ministry of Planning and Investment to receive the appraisal opinions from the Ministry of Education and Training and from other related agencies; shall summarize the aforesaid opinions and send a report to the Prime Minister for him to make a decision on investment policy.

2. As for the projects aiming to establish the branch campuses of foreign-invested higher education institutions, the agency that issues the investment registration certificates shall get the appraisal opinions from the Ministry of Education and Training.

3. As for the projects of investment in establishing short-term training institutions, pre-school educational institutions and compulsory educational institutions, the agency that issues the investment registration certificates shall get the appraisal documents from the Department of Education and Training.

4. The application documents and the procedures for requesting investments registration certificates shall be submitted and carried out in accordance with the regulations of the Law on Investment.

Section 3. CONDITIONS FOR ESTABLISHING FOREIGN-CAPITALZIED EDUCATIONAL INSTUTIONS

Article 35. Invested capital

1. A project of investment in establishing a pre-school educational institution shall have investment unit cost of at least 30 million VND per kid (exclusive of the expense incurred from land tenancy) The total minimum capital shall be calculated when the estimated education scale is greatest. The capital plan shall conform with the estimated scale of each stage.

2. A project of investment in establishing a compulsory educational institution shall have investment unit cost of at least 50 million VND per student (exclusive of the expense incurred from land tenancy). The total minimum capital shall be calculated when the estimated education scale is greatest but shall not be lower than 50 billion VND.

3. A project of investment in establishing a short-term training institution shall have investment unit of at least 20 million VND per student (exclusive of the expense incurred from land tenancy).

4. A project of investment in establishing a higher educational institution shall reach an at least total minimum capital of 1.000 billion VND (exclusive of the expense incurred from land tenancy). The foreign-invested business entity which is the investor of the project shall prove its financial capacity according to the Law on Investment. During the time appraising the application for the university establishment, the investment value shall reach more than 500 billion VND.

5. A project of investment in establishing a branch campus of foreign-invested higher education institution in Vietnam shall have a capital of at least 250 billion VND (exclusive of the expense incurred from land tenancy) During the time appraising the application for establishment of the campus, the investment value shall be more than 150 billion VND.

6. As for the foreign-invested educational institutions of which the facilities are not newly built but are leased or contributed by the Vietnamese partner, the capital shall reach at least 70% of the capital specified in clause 1, 2, 3, and 4 of this Article.

Section 4. QUALITY ASSURANCE IN FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Article 36. Facilities and equipment

1. As for a short-term training institution:

a. Classes shall have appropriate light, desks, chairs, and teaching equipment and materials.

b. The minimum average area for teaching shall be 2.5m² per student.

c. There must be offices for board of directors and teachers, libraries and other functional rooms.

2. As for a pre-school educational institution:

a. The school shall be located in a good environment. The school area shall be calculated based on the quantity of classes and kids: at least 08 m² per kid, applicable to urban areas; 12m² per kid, applicable to rural areas.

b. The school shall have appropriate light, desks, chairs and equipment used for taking care of or teaching kids in the classrooms, bedrooms and other functional rooms.

c. The offices, managing boards, administration rooms, school clinics, security room and staff’s rooms shall have suitable area, equipment and materials used for managing, taking care of and teaching children.

d. The water supply and drainage systems and bathrooms must be appropriate, and the sanitation facilities shall be safe, clean and suitable for the operation of the school.

dd. The kitchen (if any) shall be organized based on the flow-through pattern and use suitable equipment and materials that ensure food safety and hygiene.

e. There must be a play ground and surrounding walls, and a gate specifying the school’s name in accordance with the regulations stipulated in Article 29 hereof.

g. There must be trees in the school area. All the constructions, equipment, materials and toys of the school shall ensure absolute safety for the kids.

3. As for a compulsory educational institution:

a. The school shall be located in a good environment. The school area shall be calculated based on the quantity of classes and students, and the regional characteristics: at least 06m² per student, applicable to urban areas, and 10m² per student, applicable to rural areas.

b. There must be areas for learning and teaching: at least 2.5 m² per student.

c. There must be appropriate offices for board of directors and teachers, and appropriate meeting rooms.

d. There must be specialized classrooms (for middle schools and high schools), library, desks, chairs, teaching equipment and materials that satisfy the current standards of the Ministry of Education and Training.

dd. There must be multi-purpose gyms, art rooms, computer labs, supporting rooms for disabled students and school clinics. There must be canteens and break rooms (for day-boarding schools).

e. There must be clean water supply and drainage systems and appropriate bathrooms that are suitable for the scale of the school and ensure the current conditional standards of the Ministry of Education and Training.

g. There must be a playground, training ground and parking lot that account for at least 30% of the total area of the school. There must be surrounding walls and a gate specifying the school’s name in accordance with Article 22 hereof.

4. As for a higher educational institution and a branch campus of the foreign-invested higher education institution in Vietnam:

a. The area for building the school shall reach at least 25m² per student at the time the training scale in the development plan of the school is greatest.

b. The average area for building shall be at least 09 m²/ student; the studying area shall be at least 06 m² per student; the dormitory area shall be at least 03m² per student.

c. There must be enough lecture halls, classrooms and functional rooms that satisfy the training requirements in the disciplines and the forms of training.

d. There must be enough offices, administration area and managing board that suit the organizational structure of the academic departments, faculties and disciplines. The minimum area shall be 08 m² per person.

dd. There must be conference rooms, libraries, testing labs, workshops and other facilities that satisfy the requirements of the training program and science and technology activities.

e. There must be canteens and constructions serving the recreation, sports and cultural activities, and medical constructions and services serving the managers, lecturers and students.

g. There must be a technical construction area and a parking lot.

5. Renting the facilities:

A foreign-invested educational institution shall also have authority to rent the facilities for at least 5 stable years and shall ensure that the facilities satisfy the requirements stipulated in clause 1, 2, 3 and 4 of this Article.

Article 37. The education program

1. The education program provided at the foreign-invested educational institution shall demonstrate the educational target, without damaging the national security and public interests; without spreading religion and distorting history; without negatively affect the cultures, ethics and traditional customs of Vietnam, and shall ensure the connection between levels and grades.

2. The foreign-invested educational institutions may offer:

a. Vietnamese education program according to the Vietnam’s laws.

b. Foreign pre-school and compulsory education program, applicable to the educational institutions stipulated in clause 2 and clause 3, Article 28 hereof;

c. Foreign short-term training programs; programs at bachelor’s, master’s and doctorate levels within the joint training programs conducted with foreign partners.

3. The Minister of Education and Training shall specify the contents of education and training for the Vietnamese students who are studying at the pre-school educational institutions, compulsory educational institutions, higher educational institutions and branch campuses of foreign-invested higher education institutions.

Article 38. The teaching staff

1. As for a short-term educational institution:

a. The teachers shall have college degrees or equivalent in the profession suitable with the subjects that they teach.

b . The maximum ratio of students to teacher shall be 25:01.

2. As for pre-school educational institution.

a. The teachers shall have at least college degrees in preschool pedagogy or equivalent.

b. The maximum number of kids within 01 group or 01 class shall be specified as follows:

As for kids in kindergarten:

- From 03 - 12 months old: 15 kids per group.

- From 13 – 24 months old: 20 kids per group.

- From 25 – 36 months old: 25 kids per group.

As for kids in pre-school:

- From 03 - 04 years old: 25 kids per class.

- From 04 – 05 years old: 30 kids per class.

- From 05 – 06 years old: 35 kids per class.

c. The number of teachers within 01 group or class shall be specified as follows:

- As for kids in kindergarten: 05 kids per teacher.

- As for kids in pre-school: 10 – 12 kids per teacher.

3. As for compulsory educational institution:

a. Teachers shall hold at least bachelor’s degrees in pedagogy or equivalent.

b. The ratio of teachers shall be kept at least: 1.5 teacher per class for elementary school, 1.95 teacher per class for middle school, and 2.25 teacher per class for high school.

c. The quantity of students shall not exceed: 30 students per class for elementary school, 35 students per class for middle school and high school.

4. As for higher educational institution:

a. The lecturers shall hold at least master’s degrees or higher. The proportion of lecturers that hold master’s degrees shall not be lower than 50% of the total lecturers, except in some particular disciplines specified by the Minister of Education and Training.

b. The maximum ratio of students to lecturers is 10:01, applicable to arts majors; 15:01 applicable to science and technology majors; 25:01, applicable to social science, humanities and economics majors – business administration major.

c. The higher educational institution shall have enough permanent lecturers to undertake at least 60% of the program of each discipline.

d. The foreign lecturers teaching at a foreign-invested educational institution shall have experience in the discipline that they teach except the cases stipulated in point dd of this clause.

dd. The foreign lecturers who teach foreign language skills at a higher educational institution shall hold bachelor’s degrees or higher and qualifications for teaching foreign languages.

Article 39. Enrolling Vietnamese students

The educational institutions stipulated in clause 2 and 3, Article 28 hereof shall be permitted to enroll Vietnamese students for their foreign educational programs. The number of Vietnamese students who participate in the foreign educational program shall be lower than 50% of the total students who participate in the aforesaid program at the educational institution.

The number of students who participate in the foreign educational program shall study the contents stipulated in clause 3, Article 37 hereof.

Section 5: AUTHORITY, APPLICATION DOCUMENTS AND PROCEDURES FOR ESTABLISHING FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Article 40. The authority to approve the establishment

1. The Prime Minister has authority to approve the establishment of foreign-invested educational institutions.

2. The Minister of Education and Training has authority to approve the request of foreign diplomatic mission and inter-government international organization for establishing the pre-school and compulsory educational institutions.

3. The Presidents of the People’s Committees in provinces has authority to approve the establishment of pre-school and compulsory educational institutions, except the institutions stipulated in clause 2 of this Article.

Article 41. Application documents for approval for the establishment

1. As for the pre-school and compulsory educational institutions established by foreign diplomatic mission and inter-government international organization, the application documents shall include:

a. An application form approval for the establishment, using form No. 13 in the Appendix hereto.

b. A detailed project for establishing the educational institutions, using form No. 14 in the Appendix hereto, specifying: Their proper names; the educational targets and tasks; the scope of operation; the qualifications to be issued; the designed structure of the managerial mechanism; A detailed plan for the development and training scale of the educational institutions in each period, specifying the ability to meet the education quality requirements stipulated in Article 36, 37 and 38 hereof.

c. A certified true copy or a copy enclosed with an original of the Decision on approving the establishment of the educational institutions and approving the principles of leasing land of the People’s Committee in the province where the educational institutions are expected to be located, or an agreement on leasing land or available facilities in accordance with the regulations in clause 5, Article 36 hereof.

d. A document proving the financial capacity which satisfies the conditions stipulated in Article 35 hereof.

2. As for the pre-school, compulsory and higher educational institutions, the application documents shall include:

a. An application form for approving the establishment of educational institutions as specified in point a, clause 1, this Article.

b. A certified true copy or a copy enclosed with an original of the investment registration certificate.

c. A detailed project on establishing the educational institutions as specified in point b, clause 1, this Article.

d. A certified true copy or a copy enclosed with an original of the approval for leasing land of the People's Committee in the province, if the facilities must be built (specifying the address, area, and boundary of land), or the agreement on leasing available facilities in accordance with clause 5, Article 36 hereof and other relevant legal documents.

dd. A detailed plan for renting or contributing facilities or a detailed project on investment in building facilities, including both description and detailed design of the educational institutions.

e. A financial capacity document as specified in Article 35 hereof.

Article 43. Procedures for establishing educational institutions

1. The investor shall send 01 set of documents in person or by post to:

a. The Ministry of Education and Training, applicable to the application documents of the foreign diplomatic missions and inter-government international organizations for approval for the establishment of: higher educational institutions, pre-school educational institutions and compulsory educational institutions.

b. Department of Education and Training, applicable to application documents for approval for the establishment of: Pre-school educational institutions, elementary schools, middle schools, high schools, universal schools, except the pre-school educational institutions and compulsory educational institutions stipulated in point a, clause 1 of this Article.

2. Procedures for approving the establishment shall be completed as follows:

a. Within 05 working days from the date on which the complete application documents stipulated in Article 41 hereof are received, the receiving agency shall check the validity of the documents and send them to the related agencies and units to get opinions.

b. If the application documents are deemed incomplete, within 05 working days from the date on which the application is received, the receiving agency shall send a written notification in person or by post or via email to the investors.

c. Within 10 working days from the date on which the official dispatch from the receiving agency is received, the related agencies or units shall give their opinions in writing.

d. Within 30 working days from the date on which the complete application documents are received, the receiving agency shall submit the appraisal report to the competent authority stipulated in Article 40 hereof to consider and make a decision on approving the establishment of foreign-invested educational institutions, using form No.15 in the Appendix hereto.

dd. If the application documents are not approved, within 05 working days from the date on which the opinions from the competent authority are received, the receiving agency shall send the written explanation in person or by post to the investors.

3. As for the educational institutions stipulated in clause 2 and 3, Article 28, after 2 years; or for the educational institutions stipulated in clause 4, Article 28, after 4 years from the date on which the decision for approving the establishment takes effect, if the educational institutions are not allowed to operate, the aforesaid decision shall be no longer valid.

Section 6. APPLICATION DOCUMENTS AND PROCEDURES FOR ESTABLISHING BRANCH CAMPUSES OF THE FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS IN VIETNAM

Article 43. Application documents for establishing a campus

1. An application form for establishing the branch campus, using form No. 13 in the Appendix hereto.

2. A certified true copy or a copy enclosed with an original of the investment registration certificate and the establishment of the branch campus.

3. A certified true copy or a copy enclosed with the original of the document on accreditation or the document on recognition from the Vietnamese or foreign competent agency.

4. A detailed project on the establishment of the branch campus, using form No. 14 in Appendix hereto, specifying: The proper name of the branch campus; the educational targets and tasks; the designed structure of the managerial mechanism, the educational activities at the branch campus; a detailed plan for the development and training scale of the branch campus in each period, specifying the ability to meet the education quality requirements stipulated in Article 36, 37 and 38 hereof; the list of lecturers suitable for the scale of the training program. .

5. A financial capacity document as specified in Article 35 hereof.

6. A certified true copy or a copy enclosed with the original of the document approving a lease of land for building the branch campus or of the agreement on leasing available facilities in accordance with clause 5, Article 36 hereof and other relevant legal documents.

7. A detailed project on building the facilities if need be, including the description and the detailed design of the branch campus.

Article 44. Authority and procedures for approving the establishment of the branch campus

1. The authority to approve the establishment of the branch campus.

The Minister of Education and Training has authority to approve the establishment of the branch campus of the foreign-invested higher education institutions.

2. Procedures for approving the establishment.

a. The investor shall send 01 set of documents in person or by post to the Ministry of Education and Training.

b. Within 05 working days from the date on which the complete and valid documents are received, the receiving agency shall forward the aforesaid documents to the related agencies or units to get opinions; if the documents are deemed incomplete according to Article 43 hereof, within 05 working days, the receiving agency shall send a written notification in person or by post or via email to the investor.

c. Within 10 working days from the date on which the official dispatch from the receiving agency is received, the related agencies or units shall give their opinions in writing.

d. Within 25 working days from the date on which the complete documents are received, the receiving agency shall send the appraisal report to the competent authority for consideration and decision-making.

dd. Within 05 working days, from the date on which the appraisal report is received, the competent authority shall consider and approve the establishment of the branch campus.

e. If the documents are not approved, within 05 working days from the date on which the written opinions from the competent authority are received, the receiving agency shall send a written explanation in person or by post to the investor.

3. As for the campus stipulated in clause 5, Article 28, after 04 years from the date on which the decision on approving the establishment takes effect, if the branch campus is not allowed to operate, then the aforesaid decision shall be no longer valid.

Section 7: CONDITIONS, APPLICATION DOCUMENTS, AUTHORITY AND PROCEDURES FOR APPROVING THE EDUCATIONAL PROVISION

Article 45. Conditions for approving educational provision

1. There is a decision on approving the establishment of the educational institution or an investment registration certificate or company registration certificate from short-term training institution.

2. There are invested capitals, facilities, equipment, educational programs and teaching staff that meet the requirements stipulated in Article 35, 36, 37 and 38 hereof are satisfied.

3. There is a regulation on organization and operation of the educational institution is conformable with law.

Article 46. Application documents for approval for educational provision

1. An application form, using form No. 16 in the Appendix hereto.

2. A certified true copy or a copy enclosed with an original of the decision on approving the establishment of the foreign-invested educational institutions; as for the short-term training institution, submit a certified true copy or a copy enclosed with an original of the investment registration certificate or the company registration certificate.

3. Regulation on organization and operation of the educational institution.

4. Report on the progress of the project investment, capital contribution, capital loan and the entire capital invested.

5. The report on the fulfillment of the conditions in Article 35, 36, 37 and 38 hereof, enclosed with:

a. A list of principal (director), deputy principal (deputy director), deans, department managers and chief accountant. As for the application documents for licensing the operation of the branch campus of higher educational institution, a list of persons in charge of the branch campus and its organizational structure is required.

b. A list of the employees, teachers and lecturers (full time or visiting lecturers) and their resumes

c. A description of grades, training levels and disciplines.

d. Programs, teaching plans, learning materials, lists of textbooks and primary reference materials.

dd. The subjects, regulation and period of enrollment.

e. Training regulation

g. Training scale (students).

h. Regulations on tuition fees and other relevant fees.

i. Regulations on inspection, assessment and certification of the completion of the programs, modules and grades.

k. The forms of qualifications to be issued.

Article 47. Authority to approve educational provision

1. The Minister of Education and Training has authority to approve the operation of higher educational institution and branch campus of foreign-invested higher education institution.

2. The Director of the Department of Education and Training has authority to approve the operation of:

a. Short-term training institutions.

b. Pre-school educational institutions, elementary schools, middle schools, high schools, universal schools.

c. Pre-school educational institutions and compulsory educational institutions which are established by foreign diplomatic missions and inter-government international organizations.

Article 48. Procedures for approving the educational provision

1. The investor shall send 01 set of application documents in person or by post to:

a. Ministry of Education and Training, applicable to documents of higher educational institutions and branch campuses of foreign-invested higher education institutions.

b. Department of Education and Training, applicable to documents of short-term training institutions; pre-school educational institutions; compulsory educational institutions; pre-school and compulsory educational institutions established by foreign diplomatic missions or inter-government international organizations.

2. Within 20 working days from the date on which the complete documents stipulated in Article 36 hereof are received, the receiving agency shall take charge and cooperate with the related agencies and units in appraising the required conditions and forward the documents to the competent authority for consideration and decision-making, using form No. 17 in the Appendix hereto.

If the documents are deemed incomplete, within 05 working days from the date on which the documents are received, the receiving agency shall send a written notification in person or by post to the investors.

In case where the educational institutions do not satisfy the requirements for approving the operation, within 05 working days from the date on which the written opinions from the competent authority are received, the receiving agency shall provide explanation in writing to the investors.

Article 49. Amending the decision on approving the educational provision

1. The person who is authorized to approve the educational provision shall also have authority to amend the decision.

2. In case where a foreign-invested educational institution or a branch campus of foreign-invested higher education institution wishes to amend the contents of the decision, the application documents shall include an application form, in which there is information regarding the amendment and reasons for the amendments and the documents stipulated in clause 2, 3, 4 and 5 of Article 46 hereof.

3. Within 20 working days from the date on which the complete documents stipulated in clause 1 of this Article are received, the receiving agency shall appraise the documents as required and forward them to the competent authority stipulated in Article 47 for consideration and decision-making.

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

In case where the higher educational institution does not satisfy the conditions for amending the decision, the receiving agency shall provide explanation in writing within 05 working days from the date on which the written opinions from the competent authority are received.

Section 8. DISSOLVING; SUSPENDING AND TERMINATING THE OPERATION OF THE FOREIGN-INVESTED EDUCATIONAL INSTITUTIONS

Article 50. Suspending the operation of the foreign-invested educational institution

1. The person who approves the operation shall also have authority to suspend it.

2. The operation of a foreign-invested educational institution shall be suspended if the aforesaid institution:

a. Commits fraud in order to get approval for the establishment or operation.

b. Does not meet one of the conditions specified in this Decree to get approval for the operation.

c. Receives the approval from a person who is not authorized.

d. Violates the education laws that lead to penalties for administrative violations to a degree that the operation must be suspended.

dd. Other cases specified in the laws.

3. The Decision on suspending the operation shall include the explanation for such action, the suspended period, the measures for protecting the interests of learners, teachers, managers and employees of the institution or branch campus and be published on mass media.

4. A foreign-invested educational institution or a branch campus of the foreign-invested HEI shall be approved to resume its operation once it eliminates the violations that lead to the suspension.

5. The application documents for approval for the resumption shall include:

a. An application form for the resumption specifying the result of eliminating the violations.

b. A decision on establishing an inspection team.

c. An inspection record.

6. The person who suspends the operation shall also have authority to approve the resumption.

7. Within 20 working days from the date on which the application documents for approval for the resumption are received, the receiving agency shall take charge and cooperate with the related agencies or units to appraise the aforesaid documents and forward them to the competent authority for consideration and decision-making.

If the 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 investor.

If the educational institution does not fully meet all conditions for resuming its operation, within 05 working days from the date on which the written opinions from the competent authority are received, the receiving agency shall provide explanation in writing for the investor.

Article 51. Dissolving and terminating the operation of the foreign-invested educational institutions

1. The authorized person, who approves the establishment of pre-school educational institutions, compulsory educational institutions, higher educational institutions and branch campuses of higher educational institutions, shall also have authority to dissolve the aforesaid institutions. The person who approves the operation of the foreign invested short-term training institution shall also have authority to terminate the operation of the aforesaid institution.

2. Dissolve pre-school educational institutions, compulsory educational institutions, higher educational institutions, and branch campuses of foreign-invested higher education institutions; and terminate the operation of the foreign-invested short-term training institution if:

a. There is a request for dissolution sent by the entity who established the foreign-invested educational institutions and branch campuses of foreign-invested higher education institutions.

b. The institution or branch campus seriously violates the regulations of the laws or regulations on management, organization and operation.

c. The period of suspension is expired but the institutions cannot eliminate the violations.

d. The targets and operation contents specified in the decision on approving the establishment or operation are no longer suitable for the social-economic development requirements.

dd. The institutions have not fulfilled the commitments specified in the approved project after 5 years since the decision on approving the establishment took effect.

3. The application documents for dissolving or terminating the operation of the foreign-invested educational institutions shall include.

a. An application form for dissolving and terminating the operation of the educational institutions.

b. A plan for dissolving and terminating the operation of the foreign-invested educational institutions, in which there are measures for protecting the legal benefits of learners, teachers, managers and employees; a plan for solving financial and property problems.

4. Procedures for dissolving and terminating the operation of foreign-invested educational institutions:

a. The investors shall send 01 set of application documents in person or by post to the Ministry of Education and Training to dissolve the following institutions: higher educational institutions, branch campuses of foreign-invested educational institutions, pre-school educational institutions and compulsory educational institutions all established by the foreign diplomatic missions and inter-government international organizations.

b. The investors shall send 01 set of application documents in person or by post to the Department of Education and Training to terminate the operation of the short-term training institution or dissolve the pre-school and compulsory educational institutions, except the cases stipulated in point a, clause 4 of this Article.

c. Within 30 working days from the date on which the complete documents are received, the receiving agency shall take charge to appraise the documents and forward them to the competent authority for consideration and decision-making.

d. Within 05 working days from the date on which the documents are received, if they fail to comply with requirement, the receiving agency shall send a written notification in person or by post or via email to the investors.

5. If the educational institutions violate one of the regulations in point b, c, d and dd, clause 2 of this Article, the competent agency shall examine the regulations being violated, consider and make a decision or report the violations to the competent authority for consideration and decision-making.

6. The decision on approving the dissolution and termination shall include the explanation for such actions and the measures for ensuring the legal benefits of learners, teachers, managers and employees and shall be announced through mass media.