Thông tư 38/2020/TT-BGDĐT liên kết đào tạo với nước ngoài trực tuyến

CIRCULAR

On providing regulations on joint training with foreign partners
at bachelor’s, master’s and doctor’s levels in the form of online and blended training

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Pursuant to the Law on Higher Education dated June 18, 2012 and the Law on Amending and Supplementing a Number of Articles of the Law on Higher Education dated November 19, 2018;

Pursuant to the Government s Decree No. 99/2019/ND-CP dated December 30, 2019, on detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education;

Pursuant to the Government s Decree No. 69/2017/ND-CP dated May 25, 2017, on defining functions, tasks, powers and organizational structure of Ministry of Education and Training;

Pursuant to the Government’s Decree No. 86/2018/ND-CP June 06, 2018, on foreign cooperation and investment in education;

At the proposal of the Director of the Department of Higher Education;

The Minister of Education and Training hereby promulgates the Circular on providing regulations on joint training with foreign partners at bachelor’s, master’s and doctor’s levels in the form of online and blended training.

Article 1. Scope of regulation and subjects of application

1.This Circular provides regulations on joint training with foreign partners at bachelor’s, master’s and doctor’s levels in the form of online and blended training.

2.This Circular applies to higher education institutions lawfully established and operates in Vietnam, academies and institutes which are established by the Prime Minister in accordance with the Law on Science and Technology and licensed to provide doctoral training (hereinafter collectively referred to as Vietnamese training institutions), and foreign higher education institutions, relevant organizations and individuals.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1.Online joint trainingmeans the cooperation between foreign higher education institutions and Vietnamese training institutions to implement training programs via the Internet environment, using information technology and multimedia to grant diplomas of higher education for learners.

2.The form ofonline joint trainingmeans a form of training which has the online teaching time accounting for 50% or more of the total teaching time of the joint training program.

3.The form of blended joint trainingmeans a form of training which has the online teaching time less than 50% of the total teaching time of the joint training program.

Article 3. Implementation of online and blended joint training programs

1.Vietnamese training institutions and foreign higher education institutions implementing the joint training program in the form of online or blended training in accordance with Articles 15, 16, 17, 18, 19, 20 and 27 of the Government s Decree No. 86/2018/ND-CP dated June 06, 2019 on foreign cooperation and investment in education and regulations prescribed in this Circular.

2.Vietnamese training institutions and foreign higher education institutions implementing the joint training program in the form of blended training shall ensure that the teaching time according to the form of online training not exceed 30% of the total teaching time of the program.

3.The implementation of joint training programs at branches must comply with process, competence and conditions as applicable to joint training programs at the head offices specified in this Circular.

4.Competence to approve the joint training schemes with foreign partners shall comply with the Law Amending and Supplementing a Number of the Law on Higher Education dated November 19, 2018 and the Government’s Decree No. 99/2019/ND-CP dated December 30, 2019 on detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and relevant regulations.

Article 4. Training programs

1.The training program of a foreign higher education institution must be currently in progress at the head office, has been accredited by the quality of education and has a diploma recognized by a competent educational authority of such country.

2.For joint training programs at bachelor’s level: Training programs at head offices of foreign higher education institutions and training programs of Vietnamese training institutions, must be currently in progress in the form of online training at the same discipline or the discipline similar to one intended to implement the joint training, with graduates in both disciplines.

3.For joint training programs at master’s or doctor’s levels: Training programs at head offices of foreign higher education institutions and training programs of Vietnamese training institutions, must be currently in progress in the form of blended training with the online teaching time accounting for 20% or more of the total teaching time of the program at the same discipline or the discipline similar to one intended to implement the joint training, with graduates in both disciplines.

4.For joint training programs at master’s or doctor s levels, the online teaching time shall account for a maximum of 30% of the total teaching time of the joint training program.

5.The training program shall be formulated by both parties in the following cases:

a) In case of granting foreign higher education institution’s diplomas, the training programs must be implemented in accordance with regulations on formulation, appraisal and promulgation of foreign training programs and the core contents of such foreign higher education institution s training programs must be kept;

b) In case of granting diplomas of both foreign higher education institution and Vietnamese training institution, the training programs must be implemented in accordance with regulations on formulation, appraisal and promulgation of Vietnamese and foreign training programs and the core contents of such foreign higher education institution s training programs must be kept.

Article 5. Joint training scale

1.The joint training program scale shall be determined on the basis of the quality assurance conditions in terms of physical foundations, equipment, laboratories, libraries, teaching staff and managers involved in implementing the joint training program. Such conditions must be other than those used for calculating the total enrollment quota of the education institution. In case the same quality assurance conditions are used, the scale of joint training programs shall be included in the annual total enrollment scale of a Vietnamese training institution.

2.The Vietnamese training institution and foreign higher education institution shall propose the annual enrollment scale in the dossier of request for approval of joint training. The maximum enrollment scale shall be determined in the decision of joint training permission or the decision on autonomously implementing a join training program.

Article 6. Physical foundations, equipment and locations of training

1.Physical foundations, equipment, portal, serve system and Internet-connected infrastructure, learning management system, learning content management system, and electronic learning materials must meet the requirements specified in the Circular No. 12/2016/TT-BGDDT dated April, 22, 2016 of the Minister of Education and Training, on providing regulations on application of information technology in management and online training organization; with audio-visual media includes: Computers, screens, projection screens and projectors of a size suitable for classrooms; stable and smooth connection; online learning materials with discipline-relevant content and high-speed, continuous access; audio and video recording devices archiving the training organization in service of management, inspection and examination.

2.Textbooks, learning materials, electronic libraries, learning software, guidance on accessing the online learning management system, users’ accounts and passwords, initial guidance of the course as well as the course-wide examination and assessment should be sufficiently provided. At the same time, regulations on regulations on information storage and security for the joint training program.

3.There must be a system and mechanism of examination, verification, supervision and assessment of the learner participation; and a strict training management system to process information quickly and accurately.

4.Regarding location for direct training, direct training shall be taken place in the Vietnamese training institutions’ head offices or branches as defined in the dossiers of request for approval of joint training.

Article 7. Teaching and technical support staff

1.For the online teaching modules, in addition to a main lecturer, there must be an assistant lecturer who acts as professional support lecturer and a technical supporter. The Vietnamese training institution and foreign higher education institution must reach an agreement in specifying the function and tasks of each above-mentioned position.

2.Lecturers and assistant lecturers of online teaching modules must meet requirements specified in the Circular No. 12/2016/TT-BGDDT date April 22, 2016 of the Minister of Education and Training, on providing regulations on application of information technology in management and online training organization and regulations of the foreign higher education institution.

Article 8. Requirements for online joint training or blended joint training

1.Dossiers of registration for providing online joint training or blended joint training shall comply with Clause 1, Article 21 of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education and relevant regulations.

2.The contents of educational quality assurance in the scheme on joint training with foreign partners must clarify about: Physical foundations, equipment, portal, serve system and Internet-connected infrastructure, learning management system, learning content management system, and electronic learning materials in service of organization and management of online joint training; regulations on quality assurance so that learners graduating the joint training programs in Vietnam shall be granted diplomas by foreign higher education institutions, which are similar to diplomas granted for learners graduating in such foreign higher education institutions’ head offices.

3.The contents of learners and employees’ interests must be clearly defined in terms of risk treatment plans when implementing joint training programs, especially when the program is interrupted or terminated before the deadline stated in the scheme on joint training with foreign partners and agreement or cooperation contract between the parties.

Article 9. Responsibilities of the parties in organizing the joint training

1.To formulate and promulgate specific regulations for the joint training programs in accordance with this Circular and relevant law regulations on: Enrollment; training organization and management; the number of students in one class to ensure the students’ cohesion and effectiveness; examination, process assessment and final assessment of the module, defense of the project, thesis, and dissertation; storage and confidentiality of information.

2.To provide sufficient and clear information related to the joint training program on both parties’ websites and take responsibility for the accuracy of such information.

3.To implement activities for the joint training program quality assurance, and verify the training program as prescribed.

4.To organize the training and fostering about necessary methods and skills for online training, to design electronic learning materials for lecturer and counselor staff, and technical supporters participating in the joint training program implementation.

5.To maintain tests and assessment of students learning results in the learning management system for extraction in service of inspection when being required for a minimum of 05 years from graduate.

6.To organize the implementation of joint training program in accordance with the approved contents and relevant law regulations; to compensate tuition fee for learners if such higher education institutions violating regulations, resulting in failure to grant diplomas for such learners, or the granted diplomas are not recognized in the country where the higher education institutions’ head offices are located.

7.To permanently store dossiers of joint training and learners’ information in Vietnamese training institutions and foreign higher education institutions.

8.To report as prescribed. Vietnamese training institutions and foreign higher education institutions failing to report or report incorrectly shall be handled in accordance with law provisions.

9.To perform other duties in accordance with law regulations.

Article 10. Effect

1.This Circular takes effect on November 20, 2020.

2.In case the legal normative documents referenced for application in this Circular are amended, supplemented or replaced, those amending, supplementing or replacing documents shall be applied.

Article 11. Implementation organization

Chief of the Ministry Office, Director of the Department of Higher Education, Heads of relevant units of the Ministry of Education and Training; Directors of universities; academies and institutes established by the Prime Minister in accordance with the Law on Science and Technology, which are allowed to provide training at doctor’s level, relevant organizations and individuals shall be responsible for the implementation of this Circular./.