Draft decree proposes greater autonomy for foreign-invested education

Photo: UNIS Hanoi

The Ministry of Education and Training began seeking feedback on the draft in mid-September. Once approved, it is expected to replace Decree No.86/2018/ND-CP, which was amended and supplemented by Decree No.124/2024/ND-CP.

A noteworthy point of the draft lies in both expanding forms of international educational cooperation and reflecting a change in management methods. Instead of maintaining numerous pre-approval procedures, the regulatory body aims to expand institutional autonomy, increase decentralisation and delegation of authority, and promote data-driven management and post-auditing.

This change is expected to create more better conditions for the flow of capital, training programmes, technology, and international educational resources into the Vietnamese market, but it comes with higher demands for transparency, accountability, and protection of learners' rights.

In the preschool and primary education sectors, the draft proposes three forms of educational collaboration, which include the implementation of the Vietnamese education programme to achieve higher quality goals; an integrated scheme combining the Vietnamese and foreign curricula; and a foreign education course.

A notable proposal is to allow Vietnamese students to study foreign education programmes at the high school level in eligible institutions without setting a limit on the percentage of Vietnamese students enrolled.

Nevertheless, Vietnamese students are still required to study compulsory subjects as prescribed. The initiative must ensure the educational goals of Vietnam, the legitimate rights and benefits of learners, and the ability to transition within the education system.

For integrated education programmes, the Department of Education and Training will conduct an assessment and approval process before implementation. However, a programme already approved by any Department of Education and Training can be used by another educational institution without having to repeat the assessment and approval process if the content remains unchanged.

If this regulation is adopted, it could significantly reduce the repetition of procedures for the same programme, while also facilitating the replication of educational collaboration models that meet the requirements.

The scope for international cooperation is also expanded for higher education and vocational education. At the university level, the draft identifies three forms of collaboration, namely collaborative training to award degrees and certificates; establishing research institutes, innovation centres, and key laboratories; and establishing branches of foreign higher education institutions in Vietnam.

Regarding vocational education, two forms are identified, namely joint training programmes to award diplomas and certificates, and joint programmes to establish faculties, centres, and specialised units. The draft also adds a legal framework for cooperation and investment abroad in education.

For foreign education representative offices in Vietnam, the proposed management approach shifts the focus to transparency, notification, data updating, and post-auditing, while clearly defining the scope of activities.

One of the most notable changes in the draft is the strong shift from pre-auditing to post-auditing. For joint training programmes with foreign institutions, educational institutions are given greater autonomy in reviewing and making decisions according to internal procedures. The pre-approval mechanism will only be maintained in certain cases requiring enhanced quality control.

Changes are also clearly evident in joint activities related to organising examinations and issuing foreign certificates. Instead of requiring prior approval, the draft proposes a shift to an autonomous decision-making mechanism, coupled with obligations for transparency, notification, data updating, and post-auditing.

Along with autonomy comes the responsibility of all parties involved for quality, safety, security, fraud prevention, and protection of the rights of exam candidates.

For educational institutions with foreign investment and branches of foreign educational institutions in Vietnam, the draft also does not reinstate the conditions, procedures, and processes for investment, establishment, and operation permits already regulated by investment laws and specialised decrees. This approach aims to limit the situation where an activity is subject to multiple layers of overlapping procedures.

However, reducing pre-auditing procedures does not mean loosening management. On the contrary, the draft sets higher requirements for information disclosure, data updating, reporting, and accountability of educational institutions, investors, and participating parties in cooperation and partnerships.

The monitoring mechanism is also proposed to be changed to assess compliance levels and classify risks to determine the appropriate level of inspection. Remote monitoring is preferred through data, publicly available information, reports, feedback from students, teachers, and employees, and quality assurance results.

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