Thông tư 04/2020/TT-BGDĐT hướng dẫn Nghị định 86/2018/NĐ-CP quy định về hợp tác, đầu tư của nước ngoài trong lĩnh vực giáo dục do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

ELABORATING TO DECREE NO. 86/2018/ND-CP DATED JUNE 6, 2018 OF GOVERNMENT ON FOREIGN COOPERATION AND INVESTMENT IN EDUCATION SECTOR

Pursuant to Decree No.69/2017/ND-CP dated May 25, 2017 of Government on functions, tasks, powers and organizational structure of Ministry of Education and Training;

Pursuant to Decree No. 86/2018/ND-CP dated June 6, 2018 of Government on foreign cooperation and investment in education sector;

At request of Director General of International Cooperation Department;

Minister of Education and Training promulgates Circular on elaborating to Decree No. 86/2018/ND-CP dated June 6, 2018 of Government on foreign cooperation and investment in education sector,

Article 1. Scope and regulated entities

1. This Circular elaborates certain Articles of Decree No. 86/2018/ND-CP dated June 6, 2018 of Government on international cooperation and investment in education sector (hereinafter referred to as “Decree No. 86/2018/ND-CP”), including: integration between Vietnam education programs and foreign education programs; compulsory education and training contents for Vietnamese learners studying in foreign-invested early childhood education facilities, formal education facilities and higher education facilities.

2. This Circular applies to Vietnamese education facilities, foreign education facilities and organizations and individuals related to foreign cooperation and investment in education in Vietnam.

Article 2. Rules of integrating education programs

Integration of education programs shall comply with Articles 6, 7 and 8 of Decree No. 86/2018/ND-CP and following rules:

1. Ensure scientificity, appropriateness, feasibility and conformity to current conditions in Vietnam.

2. Contents and duration of integrated education programs must suit the learners, fine customs and traditions of Vietnam; must not introduce any prejudices regarding gender, race, religion or social status.

3. Integrated early childhood education programs must have orientations regarding education methods and assessment of education results which serve developing education plans of the education facilities.

4. Integrated education programs must consist of implementation requirements, including: implementation organization and management; managing officials, instructors and employees; education facilities and equipment.

Article 3. Integration of early childhood education programs

1. Integrated education programs shall be developed based on Vietnamese early childhood education programs with the addition of aspects of development, contents and education activities which exist in foreign early childhood education programs but do not exist in Vietnamese early childhood education programs; integrate aspects of development that exist in both programs to achieve objects of Vietnamese education programs and foreign education programs.

2. Integrating programs shall be performed depending on aspect(s) of development of children by adding aspects of development of an education program with contents and education activities of aspects of development of the other education program to achieve development objectives of both programs.

3. Documents that provide explanation for integration of early childhood education program include:

a) Education plans, which includes aspects of development, education activities, duration and language used in teaching;

b) Written comparison regarding aspects of development, education contents and activities between 2 integrated education programs.

Article 4. Integration of formal education programs

1. Integrated education programs shall be developed based on Vietnamese formal education programs with the additions of subjects and education activities (hereinafter referred to as “subjects”) that exist in foreign formal education programs but do not exist in Vietnamese formal education programs; integrate all subjects available in both programs to achieve objects of both Vietnamese and foreign formal education programs.

2. Program integration shall be performed based on subject(s) by adding subject(s) in an education program with contents of subject(s) in the other education program to achieve objectives of the subjects of both education programs.

3. Documents that provide explanation for integration of education program include:

a) Education plans, which includes aspects of development, education activities, duration and language used in teaching;

b) Written comparison regarding subjects between 2 integrated education programs.

Article 5. Appraisal and approval of integrated education programs

1. Appraisal council:

a) Council for appraisal of integrated education programs shall be established by Minister of Education and Training. The appraisal council shall be responsible for appraisal contents and quality, and request Minister of Education and Trade to approve integrated education programs;

b) The council includes: Chairperson, vices, secretaries and members who are researchers and experts in field of early childhood education or formal education, instructors of early childhood education facilities and formal education facilities, instructors of teacher training facilities, representatives of relevant organizations, number of members must be an odd number and at least 7 people;

c) The council shall be established within 5 working days from the date on which Ministry of Education and Training receives all application for approval of integrated education programs. The council shall automatically dismiss after completing the assigned tasks.

2. Standards of members of the council:

a) Have outstanding properties, moral and thinking; have adequate health and time to appraise education programs;

b) Achieve at least higher education level; understand or specialize in education sciences and respective early childhood education programs or formal education programs; have foreign language proficiency in order to understand foreign early childhood education programs or formal education programs;

c) Persons participating in developing integrated education programs which are considered for appraisal shall not appraise integrated education programs.

3. Tasks, powers and working principles of the council:

Tasks, powers and working principles of the council shall comply with Article 9 and Article 10 of Circular No. 14/2017/TT-BGDDT dated June 6, 2017 of Minister of Education and Training on standards and procedures of development and revision of formal education programs; organizations and operation of council for appraisal of formal education programs.

4. Appraisal procedures:

a) Within 7 working days prior to the first meeting session of the council, drafts of integrated education programs (hereinafter referred to as “draft”) shall be sent to members of the council who will then read and study the drafts then produce remarks on contents of the drafts according to requirements specified in Articles 2, 3 and 4 of this Circular;

b) Organize council meetings to discuss the drafts according to Articles 2, 3 and 4 of this Circular;

c) Members of the council shall assess and rank the drafts as: “Qualified”, “Qualified, revision needed” or “Unqualified”;

- Drafts shall be ranked as “Qualified” if assessment results of respective categories in Articles 2, 3 and 4 of this Circular are all “Qualified”;

- Drafts shall be ranked as “Qualified, revision needed” if assessment results of respective categories in Articles 2, 3 and 4 of this Circular are “Qualified” and “Revision needed”;

- Drafts shall be ranked as “Unqualified” for other cases;

d) The council shall assess the drafts as follows:

- In case a draft is ranked as “Qualified” by at least 3/4 council, the draft shall be sent to applicants for appraisal in order to be presented to Minister of Education and Training for consideration and approval;

- In case a draft is ranked as “Qualified” and “Qualified, revision needed” by at least 3/4 of the council, the draft shall be revised after consulting the council. Drafts containing revised or retained contents and explanations for the retained contents shall be transferred to the council for reappraisal. Reappraisal procedures shall comply with Points a, b and c of this Clause;

- In remaining cases, the drafts shall be ranked as “Unqualified”;

dd) During appraisal process, the council may request the applicant for appraisal to consult professional opinion of relevant agencies, organizations and individual if necessary;

e) Within 5 working days from the date of the meeting, the Chairperson is responsible for presenting Minister of Education and Training with appraisal results.

5. Organizing appraisal:

Early Childhood Education Department, Primary Education Department and Secondary Education Department within their functions and tasks, shall take charge and cooperate with relevant entities in assisting Minister of Education and Training in organizing appraisal and implementing following tasks:

a) Propose list of members of appraisal council;

b) Instruct the council to fulfill appraisal objectives and requirements;

c) Receive and transfer the drafts to each members of the council; receive dossiers and recommendations, proposition of the council to propose to Minister of Education and Training for consideration;

d) Present Minister of Education and Training to consider and decide approval of integrated education programs;

dd) Store drafts and records of council meetings and relevant documents during appraisal process and transfer to storage department of Ministry of Education and Training after the council has completed the tasks.

Article 6. Compulsory education contents for Vietnamese learners studying in foreign-invested early childhood education facilities and formal education facilities

Vietnamese learners participating in foreign education programs in foreign-invested early childhood education facilities and formal education facilities must learn to develop Vietnamese language, Vietnam learning programs and study about Vietnam, to be specific:

1. With respect to children learners of early childhood education facilities: Learn to develop Vietnamese language.

a) Objectives: Help learners to form vocabulary and capacity of using Vietnamese at a level that is suitable to their age; help learners to develop ability to hear, speak and use Vietnamese in everyday communication and get used to reading and writing in Vietnamese;

b) Duration: No less than 2 sessions/week and 25-35 minutes/session.

2. With respect to learners in primary education facilities: Study Vietnamese and subjects about Vietnam.

a) Contents of Vietnamese subjects:

- Objectives: Help learners to form and develop vocabulary and skills that involve use of Vietnamese (listening, speaking, reading and writing) in learning and communication at a level that is suitable to their age; provide learners with initial knowledge regarding Vietnamese language, culture and people;

- Duration: No less than 140 minute/week at all primary grades;

b) Contents of subjects about Vietnam:

- Objectives:  Help learners to have basic understanding of notable historical events, characters, fine traditions and customs of Vietnam; basic understanding of geographical position, territory, territorial waters, islands and archipelagoes, climates and resources of Vietnam; thereby develop nationalism and love for the country;

- Duration: No less than 70 minute/week, lasts from 4^th grade to the end of 5^th grade.

3. With respect to learners in secondary education facilities and post-secondary education facilities: Study subjects about Vietnam.

a) Objectives: Provide basic, modern and systematic understanding about history, geography, culture, tradition and customs of Vietnam. Instruct learners to develop nationalism, love for the country, national pride and respect for historical heritage and heroic tradition in developing and defending the country of the ancestors. Develop necessary traits of a citizens: positive attitude for society, responsibilities for the community, resourceful, courteous, disciplined, respectful and obedient to regulations and law, ready to develop and defend the country;

b) Duration: No less than 90 minutes/week, conducted in classes of secondary and post-secondary education facilities.

4. Encourage foreign-invested early childhood education facilities and formal education facilities to teach Vietnamese and subjects about Vietnam in Vietnamese or foreign languages for learners thereof.

Article 7. Organizing teaching, examining and assessing compulsory education contents in foreign-invested early childhood education facilities and formal education facilities

1. Education facilities shall prepare materials for teaching compulsory education facilities as specified in Article 6 of this Circular and report to Departments of Education and Training prior to implementation.

2. Provide teaching of compulsory education programs for Vietnamese learners must ensure:

a) Teachers are Vietnamese and satisfactory to regulations and law of Vietnam;

b) The teaching shall be conducted in Vietnamese.

3. Examining and assessing learning results of compulsory education contents of Vietnamese learners must comply with Article 6 of this Circular.

Article 8. Compulsory subjects for Vietnamese learners in foreign-invested higher education facilities

1. Vietnamese learners participating in studying programs for degrees of foreign-invested higher education facilities in Vietnam must study compulsory subjects similar to Vietnamese higher education facilities.

2. Foreign-invested higher education facilities shall consider accepting studying results of leaners who have completed compulsory subjects at the same levels at other higher education facilities legally operated in Vietnam.

3. Organizing teaching and learning compulsory subjects in foreign-invested higher education facilities shall comply with applicable laws.

Article 9. Rights of Vietnamese learners in foreign-invested early childhood education facilities and formal education facilities

Vietnamese learners studying in foreign-invested early childhood education facilities or formal education facilities following foreign education programs approved by Vietnamese competent authorities shall be transferred to early childhood education facilities or formal education facilities following Vietnamese education programs upon request. Early childhood education facilities and formal education facilities shall accept and decide on transition in learning process of the learners based on direct assessment of learners’ capacity.

Article 10. Implementation

1. This Circular comes into effect from May 5, 2020.

2. Chief of the office, Director General of International Cooperation Department, heads of relevant agencies affiliated to Ministry of Education and training; Directors of Departments of Education and Training; Directors of higher education facilities and institutes; Principals of higher education institutions and relevant organizations and individuals are responsible for implementation of this Circular./.

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