Quyết định 72/2014/QĐ-TTg của Thủ tướng Chính phủ về quy định việc dạy và học bằng tiếng nước ngoài trong nhà trường và cơ sở giáo dục khác

 THE PRIME MINISTER

Decision No.72/2014/QD-TTg dated December 17, 2014 of the Prime Minister on teaching and learning in foreign language at schools and other educational institutions

Pursuant to the Law on Governmental Organization dated December 25, 2001;

Pursuant to the Education Law dated June 14, 2005; the Law on amending and supplementing the Education Law dated November 25, 2009;

Pursuant to the Education Law dated June 18, 2012;

Pursuant to the Government s Decree No. 75/2006/ND-CP dated August 02, 2006 on providing specific guidance on implementation of several articles of the Education Law;

Pursuant to the Government s Decree No. 141/2013/ND-CP dated August 02, 2006 on providing specific guidance on implementation of several articles of the Law on Higher Education;

At the request of the Minister of Education and Training

The Prime Minister hereby promulgates the Decision on providing for teaching and learning in a foreign language at schools and other educational institutions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. This Decision provides for teaching and learning in a foreign language at general, continuing, vocational and university educational institutions, including: General provisions; arrangement for the teaching and learning in a foreign language; application procedure and process for, and approval-granting authority over the teaching and learning in a foreign language and implementation of this Decision.

2. This Decision shall not be applied to: Joint training programs in partnership with foreign educational institutions; general educational program for Vietnam-related history, politics, culture, arts and philology; wholly foreign-invested educational institutions.

Article 2. Principles of the teaching and learning in a foreign language at educational institutions

1. The teaching and learning in a foreign language must depend on social demands and learners’ free choice.

2. Training programs or subjects designed in a foreign language must conform to the objectives, contents, educational and training methodology particularly intended for each training grade and level as well as comply with laws on education, training and vocational education.

3. Continuing education programs that use a foreign language for teaching and learning activities must comply with regulations equivalently applied to general education programs.

4. If a training program or subject is designed in a specific foreign language, tests and examinations are conducted in that language at higher education establishments or vocational schools.

Chapter II

ARRANGEMENT FOR THE TEACHING AND LEARNING IN A FOREIGN LANGUAGE

Article 3. Academic programs and materials used for teaching and learning in a foreign language

1. With regard to the general education

Any foreign language may be used partially or entirely to teach learners at general education level in Vietnam with the priority given to such majors as mathematics, natural sciences, technology and computer science. The use of course books and materials designed for teaching and learning in a foreign language (written in a foreign language, Vietnamese or in both languages) must be permitted by the Department of Education and Training.

2. With regard to higher education and vocational education

a) Training programs designed for university and vocational education levels must be approved by competent authorities while quality-certified academic programs offered by foreign-owned educational institutions may partially or entirely use a foreign language in the teaching and learning process; teaching and learning majors or disciplines in basic science, and certain skills or professions serving the social demands and international integration purpose shall be given the priority.

b) Teaching materials designed for teaching and learning in a foreign language at university and vocational education levels must be approved by the Headmaster (Head) of educational institutions on the basis of assessment conducted by the Council for Assessment established by that Headmaster (Head), which is required to ensure the conformance to assessment process for such teaching materials.

Article 4. Teachers and learners

1. Teachers of academic programs designed in a foreign language are required to gain acceptable professional degrees in accordance with regulations on professional titles of teachers of respective training levels; achieve rigorous standards for foreign language capability as follows:

a) Teachers of general educational levels must hold the certificate of foreign language proficiency which is ranked at least 2 levels higher than the level required in the foreign language proficiency that a student is able to receive after they finish their training program. This calculation shall be based on the 6-level Framework for foreign language proficiency applied in Vietnam or the like.

b) Teachers of higher and vocational education programs are required to achieve the foreign language proficiency ranked 5 out of the levels specified in the Framework for foreign language proficiency applied in Vietnam or the like. Those who have gained bachelor, master and doctorate degrees after experiencing a regular training abroad shall be granted exception to the abovementioned regulations on requirements for foreign language proficiency.

2. Learners must gain proper certificates of foreign language proficiency as a prerequisite for their participation in training programs or subjects designed in a foreign language as well as are required to follow the 6-level Framework for foreign language proficiency applicable in Vietnam or the like

Article 5. Equipment and facilities

Educational establishments that offer the academic program designed in a foreign language must provide necessary equipment, facilities, libraries, course books, academic materials in order to meet the requirements of training programs or subjects for teaching and learning in a foreign language (even foreign education and training programs are not exceptions).

Article 6. Examination and evaluation, recognition of graduation, award of diplomas or certificates

1. As for general education level, the final examination and test at the end of an academic year or grade of training programs or subjects designed in a foreign language must be designed in Vietnamese language.Learners shall be able to take more examinations in a foreign language in order to be entitled to incentives in accordance with instructions of the Ministry of Education and Training.

2. As regards higher education and vocational education, examinations, tests and any form of academic evaluation for the purpose of graduation recognition, award of diplomas or certificates in all of the training programs designed in a foreign language shall conform to Vietnamese laws if Vietnamese diplomas or certificates are conferred.

Article 7. Assessment of educational quality

1. The assessment of educational quality for training programs offered by Vietnam’s educational institutions in a foreign language shall comply with legal regulations.

2. Assessment of educational quality for foreign-developed training programs shall be carried out by educational assessment agencies or organizations in overseas countries, recognized by the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs.

Article 8. Tuition fee, use and management of tuition fee

1. Based on the correct calculation of tuition fee, balancing of revenues and expenditures as well as common consent from learners, educational institutions shall prepare the amount of tuition fee in each academic year and specific course in terms of each training program or subject designed in a foreign language for submission to competent authorities and give public notice to learners before enrollment as follows:

a) Amounts of tuition fee for general education, professional and vocational secondary education programs designed in a foreign language at local educational institutions shall be approved by the provincial People’s Committees.

b) Amounts of tuition fee for vocational education and university education programs designed in a foreign language must be reported to governing bodies, the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs before being brought into effect.

2. Using tuition fee to pay expenses incurred by the teaching and learning in a foreign language, even to pay remuneration to teachers and other costs associated with tuition fee must be detailed in the Proposal for implementation of training programs designed in a foreign language.

3. The management of tuition fee, bookkeeping activities, statistics and reporting of revenues and expenditures derived from tuition fee into annual accounting statements of an education establishment must conform to regulations laid down in applicable laws, ensure disclosure and transparency. Educational institutions are required to follow the request for inspection and examination carried out by financial institutions and competent educational authorities.

Chapter III

PROCEDURE, PROCESS AND AUTHORITY TO GRANT APPROVAL FOR THE TEACHING AND LEARNING IN A FOREIGN LANGUAGE

Article 9. Procedure and process

1. Procedure, process for the teaching and learning in a foreign language shall enclose:

a) A written request for grant of approval for the Proposal for implementation of training programs designed in a foreign language;

b) Proposal for implementation of training programs designed in a foreign language whereby the information below must be specified such as study program and materials; teachers, learners and facilities; examination, test, evaluation, graduation recognition, award of diplomas, certificates; assessment of educational quality; tuition fee, management and use of tuition fee and implementation of such Proposal;

c) Quality evaluation certificate granted to the training program derived from overseas countries (if any) by foreign quality assessment organizations and accredited by competent authorities in Vietnam.

2. Procedure and process for approval:

a) Educational institutions are required to submit 01 (one) set of documents to the competent authority in accordance with regulations set out in Article 10 hereof. Within a period of 05 (five) working days as from the receipt of such documents, the competent authority shall be responsible for take it into account and notify these educational institutions of any supplement or amendment to their application dossiers (whenever applicable);

b) Within a period of 20 (twenty) working days as from the date of fully receiving and completing the documentation regulated in Clause 1 of this Article, the competent authority shall be responsible for approving this application or notifying in writing the result of processing that Proposal to these educational institutions if the Proposal has not been approved yet.

Article 10. Authority to grant approval

1. The Director of the Department of Education and Training shall grant approval to the Proposal for implementation of training programs designed in a foreign language in respect of secondary educational institutions and professional secondary education establishments under his/her management.

2. The Director of the Department of Education and Training shall grant approval to the Proposal for implementation of training programs designed in a foreign language in respect of vocational secondary schools under his/her management.

3. The Head of the Division of Education and Training shall grant approval to the Proposal for implementation of training programs designed in a foreign language in respect of primary and secondary schools under his/her management.

4. The President (Head) of universities (especially, universities as members of National University, Regional University of which organization and operations conform to the Charter of National University and Regional University), vocational colleges, professional secondary schools affiliated to Ministries and Ministerial-level agencies, shall be responsible for approving the Proposal for implementation of training programs designed in a foreign language at educational institutions of this type under his/her management.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 11. Responsibilities of Ministries and regulatory bodies

1. The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall, within their delegated authority, direct the implementation of this Decision; conduct comprehensive guidance, inspection and supervision over the teaching and learning in a foreign language at localities, educational establishments under their state management; and send an annual report to the Prime Minister.

2. The Ministry of Finance shall preside over and cooperate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, and relevant Ministries and regulatory bodies as well as the People’s Committee of centrally-affiliated cities and provinces in providing guidance on management and use of tuition fee of educational institutions that offer the training program designed in a foreign language, and in ensuring the compliance with applicable laws.

3. Relevant Ministries and regulatory bodies shall, within their delegated authority, cooperate with the Ministry of Education and Training in directing, inspecting and supervising implementation of training programs designed in a foreign language within their management; submitting an annual report to the Ministry of Education and Training for the purpose of compiling the general report to the Prime Minister.

Article 12. Responsibilities of the People’s Committee of central-affiliated cities and provinces

Exercise the power delegated by the State to manage educational issues at localities under their management, approve amounts of tuition fee that learners have to pay to take part in the training programs designed in a foreign language at educational institutions under their management as well as submit an annual report to the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs for the purpose of compiling the general report to the Prime Minister.

Article 13. Implementation provisions

1. This Decision takes effect as from February 20, 2015.

2. The Minister, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee of centrally-affiliated cities and provinces shall be responsible for enforcing this Decision./.

The Prime Minister

Nguyen Tan Dung