When establishing a vocational education institution, foreign investors should note a number of conditions for being granted an investment registration certificate, a decision to allow its establishment and a certificate of registration of vocational education activities.
1. Conditions for education for issuance of investment registration certificates
Decree 86/2018/ND-CP stipulates the conditions for education to issue investment registration certificates as follows:
- In accordance with the planning of the network of educational institutions approved by the competent authority.
- Meet the regulations:
- Foreign organizations and individuals, international organizations (hereinafter collectively referred to as foreign organizations and individuals) are allowed to cooperate and invest in the field of education in accordance with the provisions of Vietnamese law and international treaties to which Vietnam is a contracting party.
- Foreign organizations and individuals are allowed to cooperate and invest in training branches according to current regulations except for security, defense, politics, and religion.
2. Conditions for allowing the establishment of foreign-invested vocational education institutions
Decree 15/2019/ND-CP stipulates the following conditions for allowing the establishment of foreign-invested vocational education institutions:
- There is an establishment scheme in accordance with the planning of the network of vocational education institutions in Vietnam.
- Have been granted an investment registration certificate (for cases where foreign investors must carry out procedures for issuance of investment registration certificates in accordance with the provisions of investment law).
- Having a location to build facilities to ensure that the minimum usable land area for vocational education centers is 1,000m2; intermediate schools are 10,000 m2 for urban areas or 20,000 m2 for non-urban areas; The college is 20,000 m2 for urban areas or 40,000 m2 for non-urban areas.
In case the location of the construction of facilities of intermediate schools or colleges has both land area used in urban areas and land used in non-urban areas, the conversion of land area according to the ratio of urban area land to non-urban area land is 1:2. (amended by Clause 2 Article 2 of Decree 24/2022/ND-CP)
- Investment capital established with lawful capital, excluding land value, specifically as follows:
- For vocational education centers, the minimum is 05 (five) billion VND;
- For intermediate schools, the minimum is 50 (fifty) billion VND;
- For colleges, the minimum is 100 (one hundred) billion.
- Training program:
- The proposed training program must meet the requirements specified in Clause 1, Article 34 of the Law on Vocational Education; no contents detrimental to national defense, security or public interests; not spreading religion, distorting history; do not adversely affect Vietnamese culture, morality and fine customs;
- Foreign-invested vocational education institutions may teach Vietnamese training programs; foreign training programs within the framework of joint training programs with foreign countries as prescribed;
- Compulsory subjects for learners who are Vietnamese citizens studying foreign training programs in foreign-invested secondary schools and colleges shall comply with the regulations of the Ministry of Labor, War Invalids and Social Affairs.
3. Conditions for being granted a certificate of registration of vocational education activities
Foreign-invested vocational education institutions in Vietnam may only come into operation after being granted certificates of registration of vocational education activities. The conditions for being granted a certificate of registration of vocational education activities are detailed in Article 14 of Decree 143/2016/ND-CP supplemented by Point b Clause 10 Article 1 of Decree 24/2022/ND-CP.
The term of operation of a foreign-invested vocational education institution shall not exceed 50 years from the date of the decision on its establishment. In case of necessity, foreign-invested vocational education institutions with a longer operation period than the prescribed time limit must report to the Prime Minister for decision.