Many new points in regulations on investment and operation conditions in the education sector

Decree No. 125/2024/ND-CP has some new contents, fundamentally changing compared to Decree No. 46/2017/ND-CP and Decree No. 135/2018/ND-CP.

Simplify regulations on business activities under the management of the Ministry of Education and Training

The first new point is to cut and simplify regulations related to business activities under the state management function of the Ministryof Education and Training (MOET).

The Ministry of Education and Training has advised the Prime Minister to issue Decision No. 793/QD-TTg dated July 6, 2022 approving the Plan to reduce and simplify regulations related to business activities under the state management functions of the Ministry of Education and Training.

It is proposed to reduce and simplify 8 business lines, including: Activities of preschool education institutions; Activities of general education institutions; Activities of continuing education institutions; Activities of specialized schools; Activities of higher education institutions; Activities of vocational education institutions; Education quality assessment; Study abroad consulting services.

Illustration photo. Source: TL.

Decree 125 amends, supplements, replaces or abolishes unnecessary, unreasonable, illegal regulations that are barriers and cause difficulties for individuals and organizations.

In particular, focusing on amending, supplementing, replacing or abolishing regulations on business conditions for the 8 above-mentioned business lines; clearly specifying the implementation sequence of 6 administrative procedures that are still stuck in actual implementation; supplementing forms in the dossier components of 68/198 administrative procedures under the state management of the Ministry of Education and Training (reaching 34.3%) and supplementing regulations on the form of online dossier submission to promptly implement the entire online public service.

Recognition of regional and national universities

Decree 125 has added regulations on conditions, authority, and procedures for recognizing regional universities and national universities.

This is to implement the Resolutions of the Politburo, as well as to be consistent with the role, position, and function of regional universities and national universities; to form regional universities and national universities on the basis of recognizing universities as regional universities or national universities (these universities have been established and are operating according to regulations, so raising the issue of re-establishment is inappropriate).

The formation of regional and national universities in this direction aims to take advantage of the available resources, achievements and advantages of universities, to ensure that immediately after being formed, regional and national universities have sufficient conditions to perform their assigned functions, tasks and missions.

About education quality assessment organization

The establishment, permission to establish; registration of educational quality assessment activities; registration of additional educational quality assessment activities; suspension of educational quality assessment activities; dissolution of educational quality assessment organizations; recognition of foreign educational quality assessment organizations operating in Vietnam are regulated in Chapter VII of Decree 46/2017/ND-CP (amended and supplemented in Decree 135) which has been implemented for more than 6 years.

Along with the promulgation of the Law amending and supplementing a number of articles of the Law on Higher Education in 2018 and the Law on Education in 2019, as well as experience in implementing Decree No. 46/2017/ND-CP and Decree No. 135/2018/ND-CP, it can be seen that there are a number of regulations related to accreditation organizations that need to be amended, supplemented, and abolished to suit the practical context.

Therefore, in Decree No. 125, the conditions for establishment and permission for establishment of domestic inspection organizations have been amended and supplemented in accordance with the provisions of the 2 Laws in the direction of clearly and specifically stipulating the conditions, ensuring feasibility and conformity with the public and private organization models according to the provisions of Vietnamese law.

Accordingly, the difficulty caused by the lack of consensus in society about the concept of “independence” for public inspection organizations will not arise in a complicated situation when it is necessary to build a special mechanism for public organizations. Public inspection organizations operate according to the model of independent, autonomous public service units at level 1 according to general regulations.

In addition to the provisions on conditions for domestic inspection organizations, the conditions for foreign inspection organizations to operate in Vietnam are amended in a more specific and stricter direction to ensure fairness between domestic and foreign inspection organizations, with clear and transparent provisions on conditions contributing to reducing the time for explaining documents due to cultural and language differences for a foreign organization wishing to operate in Vietnam.

Procedures for permitting inspection activities are also clearly regulated, reducing the time to carry out procedures and providing specific instructions on the order of carrying out administrative procedures.

In addition, the new Decree has removed some inappropriate provisions on the dissolution of inspection organizations; most related procedures have been "modeled" and supplemented with the form of submitting documents via the online public service portal. These changes are consistent with the Government's policy of promoting public services and simplifying administrative procedures.../.

Source: https://dangcongsan.vn/giao-duc/nhieu-diem-moi-trong-quy-dinh-ve-dieu-kien-dau-tu-hoat-dong-trong-linh-vuc-giao-duc-680199.html