Circular 34/2014/tt-Bgddt: Guide The Implementation Of A Number Of Articles Of Decree No. 73/2012/nd-Cp Dated 26 September 2012 Of The Government Rules On Cooperation, Foreign Investment In The Field Of Higher Education D

Original Language Title: Thông tư 34/2014/TT-BGDĐT: Hướng dẫn thi hành một số điều của Nghị định số 73/2012/NĐ-CP ngày 26 tháng 9 năm 2012 của Chính phủ quy định về hợp tác, đầu tư của nước ngoài trong lĩnh vực giáo d

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EDUCATION AND TRAINING
Number: 34 /2014/TT-BGDT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 15, 2014

IT ' S SMART

Instructions to implement some of the provisions of the Digital Protocol 73 /2012/NĐ-CP

September 26, 2012 of the Government of the United States.

Foreign investment in the field of education

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Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

Base of Protocol 32 /2008/NĐ-CP March 19, 2008 by the Government Regulation, mandate, authority, and organizational structure of the Ministry of Education and Training;

Base of Protocol 75 /2006/NĐ-CP August 2, 2006 the Government regulates the details and guidelines of some of the provisions of the Education Law; the Digital Protocol. 31 /2011/NĐ-CP May 11, 2011 of the Government on the amendment, adds some of the provisions of the Protocol. 75 /2006/NĐ-CP August 2, 2006 the Government regulates the details and guidelines for the implementation of a number of provisions of the Education Law;

Base of Protocol 73 /2012/NĐ-CP on September 26, 2012 of the Government Regulation on cooperation, investment of foreign countries in the field of education;

On the recommendation of the Chief of the International Cooperation,

The Minister of Education and Training issued a Guide to the implementation of some of the provisions of the Digital Protocol 73 /2012/NĐ-CP September 26, 2012 The government provides for cooperation, foreign investment in the field of education as follows:

What? 1. The tuning range and subject apply

1. This information instructs some of the provisions of the Digital Protocol 73 /2012/NĐ-CP on September 26, 2012 of the Government Regulation on cooperation, foreign investment in the field of education (later known as Protocol No. 1). 73 /2012/ND-CP), include: quality control of educational programs that links training and educational institutions with foreign investment capital; educational programs and compulsory subjects for learnmen who are Vietnamese citizens who learn at the institution of foreign investment; the industry, The training industry is allowed to cooperate, invest; calculate the number of full-time practitioners of the time and minimum investment capital to the training facility, short-term fostering, and the implementation of the transitional provision.

2. This information does not regulate cooperative activities, foreign investment in the field of vocational education within the state management of the Ministry of Labor-Trade and Social Affairs.

3. This information applies to organizations, individuals involved in collaborative activities, foreign investment in the field of education and training in Vietnam.

What? 2. Education Quality Control

1. Vietnam Educational Facility, the foreign educational institution that performs training links with the Vietnam education facility and the basis of foreign investment capital education in Vietnam is responsible for adhering to the current regulation of standards, processes, and cycle of testing. the quality of higher education, college, professional middle school, high school education, regular education, a preschool basis issued by the Minister of Education and Training of Vietnam; or adhering to the organization's regulations. The quality of international quality is recognized by Vietnam.

2. The Department of Education and Training Quality Review of the Ministry of Education and Training announced and updated the annual list of international quality control organizations recognized by Vietnam on the electronic information page of the Ministry of Education and Training.

What? 3. Take on Vietnamese students at the popular schools that have multiple levels

1. The public school has many levels of foreign investment capital regulation at paragraph 3 Article 21 of the Digital Protocol. 73 /2012/NĐ-CP are schools that include from two levels of higher education in the following levels: preschool education (if any), primary education, junior high school education and high school education.

2. The common school with many levels of foreign investment is allowed to take on Vietnamese students by regulation at Article 24 of the number. 73 /2012/NĐ-CP.

3. Students are Vietnamese citizens but parents or mothers who are foreigners are admitted to school as foreign students.

What? 4. The compulsory education program for students is Vietnamese citizens at the basis of popular education that has foreign investment capital in the country.

1. For primary education

Students are Vietnamese citizens who study in elementary school or primary school primary school with a variety of high-foreign investment levels that have to learn Vietnamese and Vietnamese programs, namely the following:

a) for the Vietnamese language program

-Goal: Help students to form and develop vocabulary and skills that use Vietnamese (listen, speak, read, write) to study and communicate in line with age; provide students with the initial knowledge of Vietnamese, culture, and Vietnamese people. Male.

-Duration: No less than 140 rounds per week, learning from first grade to fifth grade.

b) For the Vietnam program

-Goal: Help students understand the basics of events, typical historical figures and traditions, customs, good practices of the country and the people of Vietnam; simple understanding of the geographical location, territory, territorial waters, islands, climate, rivers, rivers, rivers and rivers. The mountains, the resources, the minerals of Vietnam; thereby students form their love of homeland, country and nation pride.

-Duration: No less than 70 phút/week, from fourth grade to fifth grade.

2. For high school education

-Students who are Vietnamese citizens studying at junior high school, high school or junior high school, high school senior high school has a lot of foreign investment high school education that has to learn Vietnamese students to get a petition. Universal, basic, modern, systematic, cultural, cultural, traditional, customs, customs and practices of Vietnam.

-Target: Fostering for students love their homeland, country, national pride, appreciation for the historical heritage of the nation and the traditional hero tradition in the water, keeping his father's water. At the same time to develop the essential qualities of the citizen: the positive attitude of society, the spirit of responsibility for the community, the love of labor, the living, the discipline, respect, and the law, the sense of national self-government, ready to participate. building, protecting and developing the country.

-Duration: No less than 90 phút/week, learning in junior high school and high school.

What? 5. The institution of teaching, examination, assessment at the basis of popular education has foreign investment capital.

1. The organization teaching compulsory educational program to students is that Vietnamese citizens must meet the following conditions:

a) The teacher is Vietnamese, qualified by the rule of the law of Vietnam;

b) There is a teaching document compiled by the Ministry of Education and Training, or by self-compiled educational institutions on the basis of Vietnamese-language programs and the Vietnamese curriculum stipulated at Article 4 of this Information and approved by the Department of Education and Training;

c) The language of instruction is Vietnamese.

2. The examination, evaluation of the results of learning compulsory education programs for students is a Vietnamese citizen based on the goal and standard of knowledge, skills of the education program issued by the Minister of Education and Training.

3. Recommends the higher education institutions that have foreign investment teaching Vietnamese and Vietnamese programs in Vietnamese or foreign language to students who are in the school.

What? 6. The rights of students are Vietnamese citizens who learn in the institutions of higher education that have foreign investment capital.

1. Students who are Vietnamese citizens studying in the educational institutions that have foreign investment, teaching under the educated foreign education program approved by the Vietnamese authorities are transferred to study at the institution of education. There is a general teaching in the curriculum of Vietnam when there is demand. The higher education institution receives and determines the learning transition of the student base results in direct assessment of the students ' competability.

2. Students are Vietnamese citizens who study at a popular educational facility with foreign investment in Vietnam, with a diploma in foreign high school of foreign countries registered with the Ministry of Education and Training allowed to attend admissions to high schools. professional level and higher education institutions in Vietnam by existing regulations.

What? 7. The mandatory school for learnmen is Vietnamese citizens in professional middle schools, colleges, universities with foreign investment and training programs with foreign countries.

1. For a professional high school that has foreign investment capital

a) The professional middle school has a foreign investment capital when training under the foreign program and the degree of school's degree to the learman is to host the teaching of the law. This is a mandatory subject. The institution of the teaching is carried out by the provisions of the Minister of Education and Training applied to the professional high school of Vietnam. The required school scores must be expressed in the student ' s academic results table.

b) A professional high school student with a foreign investment capital is exempt from compulsory discipline at the point of a 1 This Article if the table is completed in a professional middle class training facility or educational basis. The University of Vietnam.

2. For the College, the university has foreign investment capital investment.

a) The college, the university, has a foreign investment in foreign investment, and the school's degree of education for learnmen is required to be held in accordance with the applicable regulations imposed on Vietnamese schools.

b) The learer in the college, the university with a foreign investment capital is exempt from the required discipline stipulated at the point of a paragraph 2 of this if filing a certificate or a point sheet has completed that discipline at a college, the other university operates. It's legal in Vietnam.

3. The learman of training links between the professional middle school, the college, the university, the Vietnam Academy or the school has foreign investment capital in Vietnam with a foreign education facility, due to the foreign-level external link in the country. You don't have to learn the mandatory subjects at one and two things.

What? 8. The industry, the training industry that is allowed to cooperate, invest with foreign countries to the professional high school, college and university.

1. Professional high schools, colleges, universities with foreign investment in Vietnam are allowed to open the industry, specialized in training in categories of disciplines, specialization in professional middle level training, colleges, universities, universities and universities. Master, Ph.D., according to the executive order of the Minister of Education and Training, except for the majors, majeans of training related to security, defence, politics and religion.

2. Conditions, procedures and competentiers allow for the opening of the industry, specialization of the professional high school, the college, the foreign-invested university in Vietnam to be applied in accordance with the current regulation of Vietnamese schools.

3. Professional high school, college, foreign universities; professional high school and Vietnamese higher education institutions; professional high schools, colleges, universities with foreign investment in Vietnam are found in the United States. permitted cooperation of training within the range of disciplines of disciplines, majeoners of professional middle-degree training, college, college, master, Ph.D., according to the current regulation of the Minister of Education and Training on the basis of Vietnamese education, except for The industry, the training, the security, the defense, the politics and the religion.

4. The Minister of Education and Training decided to allow for collaborative or open-training cooperation, the new training industry, not under the catalogue of disciplines, the specialty was enacted, on the basis of considering the need for the industry, which specializes in the industry. need to develop human resources, develop the socio-economic growth of the country. In this case, the training link record or the offer profile opens the industry, which specializes in the training required:

a) The text that defines the human needs and aims of training to meet the human needs that have been adopted by the scientific and training council of the educational institution;

b) The practice and experience of a number of countries around the world, accompanied by a program of training which has been given quality or organ recognition by the authorities in terms of the quality of at least two foreign educational institutions for reference.

What? 9. Regulation of foreign language in foreign language training links

The countries linking Vietnam and foreign countries united in terms of foreign language input, the process of ensuring quality and training goals, the authorship of the competent authorities to approve the project to associate training with foreign countries.

What? 10. Calculate the number of students to scale the entire time and minimum investment capital to the training facility, short-term fostering.

1. The calculation of the number of full-time law practitioners aims to determine the minimum capital investment of the project and apply only to the training facility, short-term fostering.

2. The calculation of the number of full-time learnable students is carried out in the following formula:

a) Rule for a short-term fostering key i:

K i =

Number (save x) of the i

x20 students

1152

In it:

-K i is the number of regularable students of the short-term fostering course.

-The number (x-class) of the key i = (Total number of class i) x (key arithmetic i).

-1152 is the arithmetic of a full-time class for one year (6 days per day, 6 days and 32 weekly).

-20 students are the general number of students/class of general regulation for training courses, short-term fostering.

b) The total number of practitioners of the full rule:

Total number of total rules

= ∑ K i With i = 1, 2, ..., n

Where n is the number of short-term fostering for a year of school.

For example, at the time of the highest training scale, the educational facility is expected to open two junk/year reparations, namely the following:

-Key 1: The total number of the course is 200, open 8 classes.

-Key 2: The total number of the course is 250, open 10 layers.

The result of the change is as follows:

-Key 1: [(200 x 8 class): 1152 saves] x 20 hv/class = 28 students

-Key 2: [(250 x 10-class): 1152. x 20 hv/class = 43 students

The total number of total population is 71 students (28 + 43).

3. The calculation of minimum investment capital is based on the number of students who scale the entire time at the time of the highest training scale and minimum investment of regulation at paragraph 3 Article 28 of the Digital Protocol. 73 /2012/NĐ-CP.

Example: By example at paragraph b, point 2 This is the minimum investment capital of the training facility, fostering at the time of the establishment must be:

71 (cadre) x 20 million bronze = 1.42 billion bronze.

In the event that the educational facility does not build new facilities that only rehires or the Vietnamese side contributes to the basis of the material available to deploy the operation, the minimum investment is 0.994 billion (at least 70% of the regulation by 8 Article 28). Number Protocol 73 /2012/NĐ-CP).

The above minimum investment capital does not include the cost of land use.

4. During training, training facilities, short-term fostering self-regulating the number of students received training in different courses, in line with minimal investment capital and registered investment.

What? 11. The guide to the training of training links, the educational facility has foreign investment capital and the office of representative office.

1. For training links with foreign countries.

The text approx the proposed text-level training link under the authority of approval, regulation at point a, d and the 2 Article 16 digital decree. 73 /2012/ND-CP, apply to the Number 1 template attached to this message.

2. For the educational institution that has foreign investment capital.

a) The text allows the establishment of an educational institution to have foreign investment capital under the authority to allow the establishment, regulation at paragraph 2, 4 and 5 Articles 39 digital decree 73 /2012/ND-CP, apply to the number 2 template attached to this message;

b) The text allows for educational activities under regulatory authority at paragraph 1, 3 and 4 Articles 49 digital decree. 73 /2012/ND-CP, It applies, according to Form 3, with this message.

3. For the foreign education representative office.

The certificate of registration of the activity of the foreign education representative office, stipulated at paragraph 3 Article 62 of the number. 73 /2012/ND-CP, It applies, according to the Fourth Form, as it is on this message.

What? 12. Make the transition to the reception of Vietnamese students and teach the program of foreign countries.

1. Children, Vietnamese students who have been admitted to school at preschool institutions, the higher education institutions that have foreign investment capital for children, foreign students prior to this date are valid to continue their normal education at the University of Vietnam. School.

2. The foreign investment institution with foreign investment has been authorized by the authority to allow the pilot to teach the foreign program, the bilingual program for Vietnamese students ahead of the date of the Fourth Protocol. 73 /2012/NĐ-CP In effect, you continue to follow the rules of the document.

What? 13. Make the transition to the establishment of educational basis, open the distribution of the educational institution.

1. The educational institution with foreign investment and the distribution of the educational facility with foreign investment capital has been granted a Certificate of Investment Certificate as a Business Registration Certificate and Educational Activity License prior to the date of the Fourth Protocol. 73 /2012/NĐ-CP taking effect is not reconsidering under the regulatory conditions at Article 36 or Article 41 of the Digital Protocol. 73 /2012/ND-CP, but must add the following types of papers to implement the procedure for the establishment:

a) The proposed text allows the establishment of educational institutions;

b) A copy of the Certificate of Certificate Investment Certificate is a Certificate of Business Registration, a Certificate of Adjustment (if any) the approval profile has been approved;

c) Educational active permits are in effect;

d) The intelligence deployment of the investment project according to the investment registration content at the Investment Certificate;

) Report results in educational activities during the last 3 years.

2. The investor makes 6 records, including an original set of records and submitted to the regulatory filing agency at Articles 38, 43 of the Digital Decree No. 38. 73 /2012/NĐ-CP.

3. In the 20-day period of work, the agency recepts case appraisal records and provides authoritable authorities at Article 39 Digital Protocol. 73 /2012/NĐ-CP The decision to establish an educational institution has foreign investment or the decision to allow the opening of the institution of foreign investment in foreign investment.

4. In addition to the provisions at paragraph 1, 2 This, the case receptors agency is not required to make any more conditions.

What? 14. Inspector, check and dispose of the breach

The educational institution has foreign investment, foreign education representative office is subject to management, oversight, inspection, periodic examination of the Vietnamese state governing body for education and training.

Organizations, individuals, educational institutions that have foreign investment, the office of foreign education representatives have a violation of the law of education, depending on the nature, the extent of the breach will be dealt with by the law of the law.

What? 15. Terms of execution

1. This message has been in effect since December 1, 2014.

2. Repeal of the left regulations with the regulation of this Smart.

3. Chief of the Office, the Chief of the International Cooperation, the Head of the relevant units of the Ministry of Education and Training; Director of the Department of Education and Training, Head of Education and Training, organizations, individuals who are involved in the responsibility of the enforcement of the Hey.

KT. MINISTER.
Chief.

(signed)

KAUA