A developed education not only helps improve the level of knowledge but also serves as a source of motivation to help the country stand shoulder to shoulder with the powers of five continents. More and more educational exchanges between countries on education are also in that trend. The establishment of educational institutions is one of the typical manifestations. In the following article, Viet An Law will summarize regulations on conditions for establishment of foreign-invested general education institutions.
Pursuant to Clause 2 Article 2 of Decree 86/2018/ND-CP regulating foreign-invested educational institutions. Accordingly, a foreign-invested educational institution is an educational institution invested by a foreign-invested economic organization.
An important thing that Vietnamese law stipulates is that foreign-invested educational institutions are allowed to use their own seals and accounts. This regulation has facilitated the process of conducting legal transactions and administrative procedures for foreign-invested educational institutions.
It can be said that the provisions of Vietnamese law on foreign-invested educational institutions have created a development environment as well as attracted foreign investors to invest, forming more foreign-invested educational institutions.
There are 5 types of foreign-invested educational institutions specified in Article 28 of Decree 86/2018/ND-CP, including:
According to Vietnam’s commitments in the WTO
According to CPTPP
According to Vietnam’s commitments in the CPTPP, foreign investors may invest in the establishment of general education institutions only if they satisfy the following conditions:
In Annex II, Viet Nam reserves the right to adopt and maintain any measures relating to investment and/or provision of lower secondary education services.
Conditions on investment capital
Material and technical base
Pursuant to Clause 3, Article 36 of Decree 86/2018/ND-CP on material foundations and equipment for general education institutions.
The educational program of the general educational institution is organized and taught
Educational programs implemented at foreign-invested educational institutions must reflect educational objectives and not contain contents detrimental to national defense, security and community interests; not to spread religion or distort history; must not adversely affect Vietnamese culture, morality and fine customs and customs and must ensure conditions for transfer between education and training levels
Pursuant to the provisions of Clause 3, Article 38 of Decree 86/2018/ND-CP, teachers for foreign-invested general education institutions need to comply with the following requirements:
Process of establishment of foreign-invested general education institutions
Step 1: Issuance of investment registration certificate
Depending on the investor’s project, the foreign investor must prepare dossiers to apply for an investment registration certificate. Accordingly, if meeting the conditions for issuance of certificates, competent agencies under the Department of Planning and Investment shall grant them. Besides, for the issuance of investment registration certificates related to education, it is also necessary to obtain appraisal opinions of the Department of Education and Training.
Step 2: Carry out land lease procedures (if any)
Foreign investors need to carry out land lease procedures to carry out the construction of educational institutions according to their projects. In case of new construction of educational institutions, foreign investors must apply for construction permits before establishment.
Step 3: Establish a foreign-invested educational institution
In order to proceed with the establishment of an educational institution, the foreign investor must submit a dossier of application for establishment permission. After obtaining the establishment license, the foreign investor must continue to make the application for registration for permission for educational activities.
After being granted the certificate, enterprises will be able to publish the contents of business registration information with a disclosure fee of VND 100,000 as prescribed in Circular 47/2019/TT-BCT.
If you are a foreign investor wishing to advise on the service of establishing a foreign-invested general education company (institution) in Vietnam, please contact Viet An Law Firm for the best support.
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