CIRCULAR of MINISTRY of EDUCATION and training-MINISTRY of PLANNING and INVESTMENT Guide and a number of articles of Decree No. 6/2000/ND-CP dated 6 March 2000 estimated by the Government on investment cooperation with foreign countries in the field of healthcare, education, scientific research, pursuant to the law on foreign investment in Vietnam October 12tháng 1996; Law on amendments and supplements to some articles of the law on foreign investment in Vietnam on June 09tháng 2000.
Pursuant to the law on education in March 1998;
Pursuant to Decree No. 24/2000/ND-CP dated 31 July 2000 from the Government detailing the implementation of the law on foreign investment in Vietnam;
Pursuant to Decree No. 6/2000/ND-CP dated March 2000 06tháng of the Government on investment cooperation with foreign countries in the field of healthcare, education and training, scientific research;
Contact the Ministry of education and training-planning and investment guide the establishment and management of educational establishments of foreign investment in Vietnam as follows: chapter I GENERAL PROVISIONS article 1. Scope and audience participation investment cooperation: 1. Circular Guide and the conditions and procedure for establishment and management of the institutions have invested abroad under Decree No. 6/2000/ND-CP of March 2000 of the Government on investment cooperation with foreign countries in the field of clinical education, training, scientific research.
2. educational institutions have foreign capital operating in Vietnam not because profit purpose, the base up the profession to have foreign capital not belonging to the scope of this circular.
3. foreign investors include: a) a foreign institution.
b) economic organizations, foreign individuals.
c) Vietnam People settled abroad.
4. Vietnam's investors include: a) the institution in the national education system.
b) business units have the training function.
c) includes economic organizations.
-Enterprise established under the business law-State enterprise was established under the law on State enterprises.
-Enterprise established under the foreign investment law.
-businesses of the political organization, social-political organizations.
-cooperative was established under the law on cooperatives.
Article 2. Form of investment in the field of education and training.
The subjects specified in paragraph 3, paragraph 4, article 1 of this circular was to invest in the field of education and training under one of the following forms of investment: 1. Establishment of educational institutions have invested abroad in the form of 100% foreign-owned (100% capital institution foreign investment). This facility is owned by foreign investors and are solely responsible for the results of the education and training activities.
2. Establishing an institution invested abroad in the form of a joint venture on the basis of joint venture agreement signed between the two or more parties to the investment made in educational activities-training in Vietnam (joint institution).
3. educational cooperation on the basis of business cooperation contract was signed between the two or more parties to proceed with the investment made in education and training activities in Vietnam, in which responsibility and the Division of business results for each of the parties without establishing a new entity.
(Hereinafter referred to as the institution invested abroad) 3. Foreign investors are allowed to establish educational institutions, education at all levels of school, University and training level of the following: 1. The institution 100% foreign capital, venture institution, business cooperation contracts make the education and training at all levels of study , learned, level of training (from pre-school education to higher education, postgraduate, short term training) for foreigners who are living, working in Vietnam.
2. The institution 100% foreign capital, joint institutions, contract, business partnership made the educational activities-professional school training, the training facility short-term (fostering advanced foreign language teaching qualification, career service for foreigners and people of Vietnam).
3. The institution 100% foreign capital, venture institution contracts, business partnership made education and training activities, college degree, College and graduate school (priority areas is done in annex 1) for foreigners and people of Vietnam.
4. the established educational institutions have invested abroad in the form of joint venture or business cooperation contract in Hanoi and Ho Chi Minh City to carry out educational activities in high schools for foreigners and people of Vietnam.
Article 4. The name of the institution to have foreign investment of 1. The institutions have invested abroad was established according to the type of school or Center and was named for the following principles: a) school (or Central) + University level (level of training) + private name.
b) for the implementation of the education-training activities, will be named according to the following principles: the educational center + educational center or own name + Name + private training.
2. In addition to international transaction name in English (or in a foreign language name other) institutions have invested abroad must have the name of the transaction by the South Vietnamese.
3. If an institution invested abroad by a foreign institution investment which took the name of the main base in the country in the name of the base established in Vietnam must have the word "Vietnam" in the last name of the facility.
CHAPTER II CONDITIONS and procedure of ESTABLISHMENT and REGISTRATION article 5. Conditions for the investors.
1. institutional investors have legal personality or individuals and are confirmed by the local government bodies (for legal entities must have the certificate of establishment or business registration certificate and other legal records pertaining to individuals to consular legalization of documents).
The text endorsed by the Agency for foreign investors must be legalized in Vietnam Ministry of Foreign Affairs or diplomatic missions, consulates of Vietnam abroad, except in the case of international treaties to which Vietnam is a Contracting Party otherwise.
2. investment projects in accordance with the education development strategy and planning network of vocational education and training of Vietnam was approved by the people's Committee and the central cities, where expected base agree in writing. In the case of projects please invest in training to the college level, the University is not yet in the planning network, the Ministry of planning and investment and the Ministry of education and training will study each case is specific to the Prime trìnhThủ the review decision.
3. Have enough financial capacity to implement investment projects (have written confirmation of the responsible agency, bank financial audit report of 2 adjacent years).
4. Have enough initial conditions on the management team, teachers, appropriate infrastructure to implement the objective of education and training.
Article 6. Conditions on capital and infrastructure.
1. The project please establish the new institution invested abroad is the preschool education institutions, educational establishments in Vietnam must have minimum investment capacity is 1000 USD per person (not including the cost of land use). The number of learners is used to calculate the scale of people study at the time of divergence of final investment projects. The investment plan must be consistent with the expected scale of each stage.

2. The project please established new short-term training facility in Vietnam must have a capacity of minimum investment/700USD students (not including the cost of land use). The number of students that are used to calculate according to the number of students in full time conversion at the time of divergence of final investment projects.
3. project please establish the new institution invested abroad is the professional school must have the capacity to invest a minimum of 3500 USD/students (not including the cost of land use). The number of students that are used to calculate according to the scale of the student full time conversion at the time of divergence of final investment projects. The investment plan must be consistent with the expected scale of each stage.
4. The project please establish new institutions invested foreign colleges, universities (or branch of the College, foreign universities in Vietnam), must have the capacity to invest a minimum of 7000USD/student (not including the cost of land use). The number of students that are used to calculate according to the scale of the students full time conversion at the time of divergence of final investment projects, capital investment plans are consistent with the expected scale of each stage.
5. With regard to the institution of foreign investment does not build new facilities only rent back or side Vietnam capital contribution by the facilities available to deployed operations, the level of minimum investment must reach 60% of the levels prescribed in clause 1, 2, 3 4 this. The leased facility to operate do not extend beyond 5 years for the institution of foreign-invested training in the College and university levels (including branches of educational institutions have foreign capital).
6. With regard to the project agreement, joint venture business venture between a foreign partner and the partner Vietnam is the respective institution with qualified educational establishments have foreign capital for permission to train and teach the performance of the minimum investment will be considered specific to the project to be built by the home investment.
7. The basis of foreign investment registration on 20 years in Vietnam is planning to build the facilities of the school, the Center and the people's Committee of the central cities, agree in writing on the level ground or land rental to conduct investment in building the basis of the first phase of up to 5 years the base This must have a contract (or agreement in principle) stable facility rental to training, teaching and ensure the investment facility in accordance with the progress of the project.
8. The institution has registered foreign investment operated under 20 years and not build separate establishments must have a contract or agreement in principle to hire the school, class, the extra area factory fit and stable for a minimum period of 5 years.
9. infrastructure requirements for the institution to have foreign investment in Mandarin: a) Have appropriate classrooms about the lighting, furniture, equipment and accessories for teaching.
b) Has an area of use for learning, teaching in the minimum average rate 3m2/students by number of students present in class.
c) Have Office sets, conference room, suitable teacher.
d) There, the library, classrooms, laboratories (for middle school and high school). To ensure minimum standards of Vietnam TCVN 3884/1984.
e) has a multi-purpose gym, playground for students.
g) systematically clean water, toilet fit the scale of the facility. To ensure minimum standards of Vietnam TCVN 3907/1984.
h) Have rooms dining lunch if done learning mode all day.
10. facility requirements for the institution of foreign-invested short term training: a) has learned about lighting, furniture and equipment.
b) Has an area of use for learning, teaching in the minimum average rate 2m2/learner by learner in an American school.
c) that the Office of the Board of Directors, teachers, library.
d) Have computer labs, classrooms, practice rooms, a laboratory in accordance with the registered training industry.
e) Has the necessary equipment for management and teaching.
11. infrastructure requirements for educational institutions have invested abroad is the professional high school, College, University.
a) collective area, practice and scientific research institutions to ensure there is an area of study for a minimum in average 7 m per person; includes:-The lecture match the scale.
-The laboratory, lab equipment according to the requirements of the training industry.
-Library (traditional library and electronic library)-the schools.
-Computer room has Internet connection b) Sport (stadium or gym-sports for students).
c) technical work area includes: pump stations, transformer stations, repair workshops, depots and garages, cars, motorcycles, bicycles.
d) have room for school leaders, teachers, trainers, meeting room, an area of work for other management departments in the facility.
Article 7. Programs and instructional content.
1. instructional program of an institution invested abroad must fit the objective of investment projects have been approved for the school level, education, level of training, not the content spread the religion and not contrary to the law of Vietnam.
2. in case the investor is not the basis of higher education abroad please establish the new institution have foreign capital in tertiary level study in Vietnam then during the first 5 years of operation must have the commitment to official support in writing of a college Foreign University, has had at least 15 years of operation of the guarantee provided training program has been audited and faculty until the free facility to ensure the construction of the training program, team development, testing and implementation to be recognized by an auditing agency Vietnam or abroad. The implementation of this support will be supervised by the Ministry of education and training and the Ministry of planning and investment.
3. educational institutions have invested abroad in high schools, in addition to using the program are invested in the design of investment projects, if any student reception to Vietnam teaching literature, history of Vietnam are currently being used in the system of national education of Vietnam.
4. Who is the citizen of Vietnam to study at educational institutions have invested abroad is the College, College in addition to complete the training program of the school have to learn enough of the certificate the Marxist philosophy, Marxist political economy, scientific socialism , History of the Communist Party of Vietnam, the poor fish. The learner is Vietnam citizens enrolled at educational institutions have invested abroad is the professional school must learn and have a certificate of political subjects. The above program is the program being used and taught in the national education system of Vietnam. The institution has invested abroad are responsible for contact with the base of education and training in the respective national education system of Vietnam to implement this training.
Article 8. Management team and teachers.

1. The Director or principal of the institution to have foreign investment was the leader in terms of education and management as the person responsible before the law of Vietnam about the educational activities of its facility management. The person nominated as Director, the principal must have experience managing the corresponding institution for at least 5 years.
2. for educational establishments of foreign investment in general education, the teachers must be qualified under the provisions of article 67 of the law on education. The number of teachers to ensure the minimum ratio of 1, 15giáo students/class in primary school; 1, 85giáo students/class in junior high and 2.1 teacher in high school.
3. for the professional high school, education center-training: a) student/teacher ratio of a maximum of 45 students per teacher.
b) should ensure no less than 30% of teachers is the alien on the total number of teachers at the base.
c) teachers must have suitable qualifications and experience have taught for at least three years.
4. With regard to the institution of foreign-invested training colleges, University level: a) student/faculty rate should ensure a level 30 students/faculty with regard to economic management, natural science, a foreign language and at a level of 15 students/faculty for the technology industry , engineering.
b) Of teaching staff is foreigners must make sure not to at least 55% of the number of faculty in the first 5 years and not less than 30% after 10 years of operation.
c) for colleges: the rate of qualified faculty masters not less than 40% and the rate of qualified faculty PhD no less than 25% of the total teaching staff of the facility.
d) for the University: the rate of qualified faculty masters not less than 50% and the rate of qualified faculty PhD no less than 25% of the total teaching staff of the facility.
e) faculty members must have experience teaching University, College for at least 3 years.
5. investment projects of educational institutions have invested abroad are planning to build a team of teachers/trainers for each stage of development.
Article 9. The language used in teaching 1. The institutions have invested abroad are encouraged to use other languages such as English, French, Russian, Chinese, German and Japanese in the teaching process. The other foreign language will be considered according to each specific project.
2. educational institutions have foreign capital is not allowed to teach through the service (except for short term training courses).
Article 10. Degree, diploma, certificate, certificate of successful completion of the educational establishments of foreign investment are specified as follows: 1. Diploma, certificate of the institution has granted foreign capital after official registration with the Ministry of education and training of Vietnam will have a legally valid throughout the territory of Vietnam.
2. The language used to write on the diploma, a certificate of the institution have foreign capital is Vietnamese, English and a foreign language.
3. If an institution invested abroad want to use Diploma by the Ministry of education and training of Vietnam issued it must follow the relevant provisions of the law of Vietnam.
4. The institution of the foreign investment in education has a responsibility to report the list of school graduates (including list of students graduated after a welfare check if available) for State administration directly about education-approved training (list of students complete primary education sent to the room Education and training; list of students graduating from junior high and high schools send the Department of education and training Ministry & education and training). After being granted approval of educational management, educational institutions have foreign investment offers in each level, students respectively. By grant basis by the principal's signature and the seal of the base.
5. The institution of foreign-invested short-term training certificate of completion of training courses for the student. The certificate signed by the Director, principal and seal the facility.
6. The institution of foreign-invested training level professional school offers training courses for learners. A diploma signed by the principal, Director and stamp of the establishment.
7. The institution of foreign-invested training college degree, not by the University College, the University of the foreign investment in Vietnam, during the 5 years of the first activity, if not yet a foreign testing agencies recognized, when granting the graduates are granted by the foreign University has committed to support the stated in paragraph 2 of article 7 of this circular or level by having the seal of the University has committed to support the institution's seal and invested abroad in Vietnam.
8. educational institutions have invested abroad by colleges, universities, foreign investment offers for learners is by the main school in the country. If the level of the base in Vietnam to conduct the audit and recognized for the quality of an auditing Agency of Vietnam or abroad must be at the same time the Ministry of education and training.
9. educational institutions have invested abroad is the base of operations in the form of business cooperation contract between foreign partners and Vietnam partners when the grant of a certificate, diploma and completed the course for the learner may be granted by the certificate or seal of both business partners if the parties are all business of the institution and there are function of education and training, or the seal of the foreign party (if the foreign party's educational establishments), or seal of the Vietnam party (if Vietnam is a party to the institution).
Article 11. Evaluation profile the investment license evaluation profile the investment license of the institution to have foreign investment made under the provisions of paragraph 1 to article 107 of Decree 24/2000/ND-CP dated July 31, 2000 of the Government and item 2 article 6 circular No. 12/2000/TT-BKH on 19/05/2000 of the Ministry of planning and investment. There is also a must have:-A certificate template, it will be used to give a lesson.
-Navigation equipment for teaching and learning.
-The program, curriculum, educational materials will be used.
-List of officers, teachers, lecturers and visiting mechanism (if available).
-Lease certificate, will grant the land (or land rental) of the authority of Vietnam.
-Lease certificate, will grant the land (or land rental) of the authority of Vietnam.
-Diagram of the ground plan of the facility.
Article 12. Licensing assessment process investment licensing assessment process, the investment made under the provisions of article 109, 114, 115 of Decree 24/2000/ND-CP dated 31/7/2000 of the Government detailing the implementation of the law on foreign investment in Vietnam and Decree No. 27/2003/ND-CP dated 19/3/2003 of the Government modified the additional, some provisions of Decree No. 24/2000/ND-CP article 13. Announcement of establishment of the institution of foreign investment within 90 days from when the license is granted, the institution has invested abroad to sign disclosure statements in 5 consecutive numbers on the quote out daily with the content: 1) the name of the institution (in Vietnamese and English) , a form of investment, the level of training.
2) on investment license Number is licensed.
3) Name of Director, principal.
4) the address of the facility, the relevant information (phone, fax, e-mail, web site).

5) Bank name, account number for the transaction.
Article 14. Registration, testing and allows for operation 1. After being granted the investment license, educational institutions have invested abroad must complete the following: a) the whole Event organization, the (appointed principals, directors, teachers, faculty, staff).
b) facility construction, installation of equipment, according to the investment plan of the project.
c) build, improve regulation of the operation of the facility.
d) plan enrollment for the school year, the first course.
e) conduct the procedures related to the administrative management of the facility (open account, engraved markers, registered accountants, tax code registration, etc.).
2. Within nine months from the date the licensed investment, investors should conduct registration activity under the regulations: a) educational establishments, vocational educational institutions, short-term training to conduct registration activity at the Department of education and training where local base headquarters.
b) training institutions, University College degree, postgraduate conducting registration operations at the Ministry of education and training.
3. The profile attached to the registration certificate (annex 2) a) list of the Board, Director (Rector), head of the Chamber, the Board and the Chief Accountant.
b) list of officers, teachers, Faculty (visiting, muscle), the professional level of the teachers, trainers.
c) study level, learned, will train.
d) training.
e) scale (pupils, students, trainees).
g) examination.
h) Bylaws and admission time.
I) The regulation on the fees and charges involved.
k) form a qualification, the certificate will be used.
l) report the situation to the existing infrastructure.
h) registration of the curriculum of the base with the State agency directly on education and training, in particular:-The institution is a foreign-invested educational establishments, training of professional school level, short term training program taught at the Department of education and training at the operational headquarters facility.
-The institution of foreign-invested training college, University degree, postgraduate training programs registered at the Ministry of education and training in Vietnam.
4. Within 15 working days from receipt of the registration records of the activities of the institution to have foreign investment the State administration directly on education and training will have to exercise control, set the minutes of the appraisal form (Appendix 3 , 3b) and within 15 working days since the report on the evaluation of the written confirmation must have sufficient or not sufficient conditions for the activities of the institution to have foreign investment.
-When a text has confirmed the eligibility of activities of State administration directly on education and training, educational institutions have invested abroad will be allowed to proceed with the planned operation.
-After 20 working days from when the minutes of the appraisal if State authorities about the education and training do not have the documents operational conditions according to the regulation, the institution of foreign-invested, of course, be conducted according the plan.
5. In case the check detects that the institution had foreign investment has not yet qualified to operate, the governing body of the State in education and training is clearly missing parts need additional evaluation thereon and request the institution has additional foreign investment of the necessary conditions in a specific time. After 15 working days from when the basis of education of foreign investment to complete the addition at the request of the State Agency on education and training and have the report in writing, of the State administration on education and training to organize the evaluation.
CHAPTER III ADDITIONAL activities, TRADES training, SCALING, EXAMINATION, OPEN BRANCHES, ADJUST PROGRAM content, article 15. Additional activities, trades training, expanding enrollment object, open the branch.
In the case of educational institutions have invested abroad in need of additional business activities, trades training, scaling, examination, to open a branch in the locals was stipulated in the investment license to build specific projects to the Ministry of planning and investment opinions of authorities to consider and decide upon the authority. In addition to open a branch office must have written consent of provincial people's committees, the central city where expected to establish branches.
Article 16. Adjust the content, the teaching program 1. In the case of educational institutions have invested abroad in need adjust the content, the teaching ttrình checking account do the sheets sent to the State agency directly about the education and training to perform.
2. Within 15 working days from receipt of valid records of educational institutions are foreign-owned, the State administration on education-training must have a written answer on the results suggested consideration of investors.
CHAPTER IV to DISSOLVE, SPLITTING and MERGING INSTITUTIONS INVESTED ABROAD article 17. Disbanded, decommissioned the institution to have foreign investment.
In the project and the contract of cooperation on education, investors must develop methods to resolve when the base dissolved, ceased operations because of the unforeseen reasons or suspended operations due to violation of the law of Vietnam. In resolution approach as the basis of dissolved or ceased operations in addition to the measures of financial assets as for other foreign investment enterprises have to have solved about the benefits for the people of that facility.
Article 18. Split, merger, consolidation, change of investment form the institution to have foreign investment.
The separation, merger, consolidation, change of investment form an institution invested abroad is done according to the provisions of article 31, article 32, article 33, article 35, article 36, article 36, article 37, article 38, article 39, article 40, article 41, article 42, article 43, article 44 of Decree No. 24/2000/ND-CP dated 31/7/2000 of the Government detailing the enforcement The law on foreign investment in Vietnam.
Chapter V INSPECTION, test and PROCESS the VIOLATION of article 19. The State administration for the institution to have foreign investment, Ministry of education and training to perform the function of State management of educational activities for the institution to have foreign investment within the country. The people's committees of provinces and cities under central State management responsibility for the institution to have foreign investment placed in local basis as prescribed by the Government.
Article 20. Reporting mode to check and handle breach 1. In the course of operation, the institution has invested abroad to perform regular reporting beginning of the school year, the middle of the school year and last year for State administration directly about education and training.
2. Based on the application to establish the institution of foreign investment was approved, the State agency directly about the education and training is responsible for examining the situation of the project owner.

3. The Ministry of education and training, Department of education and training will perform the function test, the Inspector of teaching (content, programs, degrees), teaching and learning conditions to ensure the quality of the education and training of the vocational education foreign-invested according to the authority.
4. With regard to the institution of foreign investment does not perform properly prescribed reporting mode, depending on the extent of the violation, State governing body directly about education or the Ministry of planning and investment will lead and coordinate with relevant agencies to : a) require institutions invested abroad must explain specifically about not implementing the content specified in the report.
b) handle the institutions have invested abroad in violation of the reporting regime under the authority and inform the relevant agency to coordinate handling or reporting of the superior authorities to handle the matter beyond its jurisdiction.
5. The institution of foreign investment will be temporarily suspended if any activity violating laws or decline the conditions set forth in articles 5, 6, 7, 8, 9 the second chapter of this circular. In case of temporary suspension of work: a) State administration directly about education and training temporary decision on suspension of activities according to the level of:-temporary suspension has a time limit teaching of part or all of the institutions have invested abroad.
-Temporary suspension of the time limit the entrance of a part or the whole of the institution are foreign-invested.
b) When the decision to suspend temporarily the operations of a Department or the whole of the institution are foreign-invested, the State agency directly about the education and training required to have base remedy specific problems, had regulation time temporarily suspended.
c) After the time limit is suspended operations temporarily by the decision of the State administration directly on education and training for educational institutions have invested abroad, if the institution has invested overseas have fix the problem at the request of the State agency directly about education and training to have the report to check the confirmation and the decision to allow active again.
d) decided to temporarily suspend operations, decided to allow active again is consistent with the investment license Agency and inform the Ministry of planning and investment, the relevant ministries, the provincial people's Committee, the central cities (where the institution foreign-invested based) and to investors.
6. The Ministry of education and training based on the level of violation the institution invested abroad to recommendations to the licensing agency of the Ministry of planning and investment and the investment decision to revoke the licence for investment institutions have invested abroad.
7. Ministry of planning and investment decision to revoke the licence for investment institutions have invested abroad in the event this serious breach of the law of Vietnam.
CHAPTER VI IMPLEMENTATION article 21. This circular has the effect after 15 days from the date The report.
Article 22. In the process of implementation of this circular, if there are problems of ministries, sectors, localities, organizations and individuals involved need to timely reflect the Ministry of planning and investment, Ministry of education and training to resolve research./.