Education Service

INDUSTRY, SUB-SECTOR

LEGAL GROUNDS

1. Provisions in the Agreements:

a) Only committed Only commit themselves in the fields of engineering, natural sciences and technology, business administration and business sciences, economics, accounting, international law and language training.

b) Scope of operation:

– Higher Education (CPC 923), Education for Adult (CPC 924), Other educational service (CPC 929 including foreign language training):                unlimited.

c) The training program must be approved by the Ministry of Education   and Training of  Vietnam

Foreign teachers working at institutions Foreign-invested training must have at least at least 5 years of teaching experience and must approved by the competent authority of Vietnam professional recognition.

Particularly for AFAS: expand the scope of activities with Primary Education (CPC 921), Lower Secondary Education (CPC 922): Vietnamese citizens (if any) study at high schools with capital investment. Foreign investors must study compulsory subjects of Vietnam according to Vietnam’s regulations according to regulations of the Ministry of Education and Training.

Particularly for CPTPP :

a) Appendix I NCM I-VN-11: Higher Education Services (CPC 923); Adult Education (CPC 924); Other educational services (CPC 929 including foreign language training services).

– Foreign investment is prohibited to provide educational services in the following subjects: security, national defense, politics, religion, Vietnamese culture and other subjects necessary to protect Vietnamese social morality Male. This restriction does not prevent the provision of educational services in subjects to which Vietnam has committed in other trade agreements.

b) Appendix NCM I-VN-38: Primary education services, Secondary education services.

Foreign investment is not allowed to provide the above services except through:

– Pre-school educational institutions implementing educational programs according to foreign programs for children who are foreigners;

– General education institutions implement educational programs according to foreign programs, grant foreign degrees, for foreign students and a part of Vietnamese students in need.

– General education institutions are allowed to accept Vietnamese students, but the number of Vietnamese students in primary and lower secondary schools does not exceed 10% of the total number of students in the school, in upper secondary schools no more than 20 % of the total number of students in the school.

2.  Law of Vietnam

2.1. Conditions for allowing the establishment of foreign-invested educational institutions are specified in Article 35 of Decree No. 86/2018/ND-CP.

2.2. Objects and forms of association for organizing the exam issue a certificate of foreign language ability of the country other than those specified in Clause 2 of Article 15 Decree No. 86/2018/ND-CP.

2.3. Vocational education .

a)  The conditions for allowing the establishment of a foreign-invested vocational education institution are specified in Article 9 of Decree No. 15/2019/ND-CP.

b)  Conditions for permitting the establishment of educational establishments vocational education with foreign investment for people with disabilities specified in Article 10 Nghi determined number 15/2019/ND-CP.

c)  Conditions for the establishment of branches of foreign-invested intermediate schools and colleges are specified in Article 11 of Decree No. 15/2019/ND-CP.

2.4. Clause 2, Article 27 of the Education Law 2012 and Clause 4, Article 31 of the Investment Law 2020 stipulate that university projects fall under the investment approval competence of the Prime Minister.

– WTO, AFAS. VJEPA, VKFTA, EVFTA, CPTPP

– Investment Law 2020.

– Education Law 2019.

– Higher education 2012.

– Law amending and supplementing a number of articles of the Law on Higher Education 2018.

– Decree No. 86/2018/ND-CP dated June 6, 2018 of the Government on foreign cooperation and investment in the field of education.

– Decree No. 15/2019/ND-CP of the Government detailing a number of articles and measures to implement the Law on Vocational Education.