NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
The Law on Education No. 43/2019/QH14 of the National Assembly replaces Education Laws of 2005 and 2009 and specifies the types of schools in the national education system. They include public schools which are funded by the state, private schools funded by domestic or foreign investors, and schools founded by the community (e.g., organisations and individuals from a village) although these only refer to preschools (Article 47). Private schools, as stated in the Law on Education (Art. 47) can be for-profit or not-for-profit, and a private school can be transformed into a not-for-profit in which case the profits are to be invested in the development of the school. The Law on Education (2019, Art. 5) also states that an investor is an organization or individual that invests in education with capital sources outside the state budget, including domestic and foreign investors. The Law on Higher Education (2012) also refers to higher education institutions which can be invested by foreign or domestic investors, as well as private higher education institutions which can be owned by “social organizations, socio-professional organizations, private economic organizations or individuals, invested and built by social organizations, socio-professional organizations, private economic organizations or individuals” (Art. 7).In 2020, Vietnam introduced a Public-Private Partnership Law which frames investment in education.
2.1 State education provision
State schools
In Viet Nam, the majority of schools in general education are state schools (97.4%, 2017-18): this includes primary education (5 years beginning at age 6 and includes first to fifth grade), lower secondary education (4 years beginning at age 11 from sixth to ninth grade), and upper secondary education (3 years beginning at age 15 from tenth to twelfth grade). Primary education is compulsory as stated in the Law on Education (2019). Among schools in Viet Nam are boarding, semi-boarding and university preparatory schools for ethnic minorities and families living in difficult socio-economic conditions (Art. 61).
Non-state managed, state schools
No information was found.
Non-state funded, state schools
While primary education is free and primary schools are not required to do so, according to the Law on Education (Art. 99), evidence suggests that parents are asked to pay a tuition fee in public schools.
The Law on Education (2019) also refers to poverty schools which are established by community organizations or individuals in villages, hamlets, communes, wards and towns. However, no further information was found regarding the share of poverty schools in Viet Nam (Art. 47).
2.2 Non-state education provision
Independent, non-state schools
In Viet Nam, an estimated 2.6% (735) of primary to upper secondary schools are private. A larger share of these schools are in primary education (242 schools) and upper secondary education (284 schools). Private schools can be funded by domestic or foreign investors, and they can operate as not-for-profit or for-profit (Art. 47). Schools can go from being private to not-for-profit, but not vice versa (Art. 47). There are also people-founded schools or community schools, but these only exist in early childhood care and education.
State-funded (government-aided), non-state schools
No information was found.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
The Law on Education (2019) states that all citizens must complete compulsory education, and guardians are responsible for creating the conditions for family members of a certain age to study (Article 14). However, the Law on Education does not specify that homeschooling is forbidden. Further, unofficial sources indicate that homeschooling exists in Viet Nam.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
No information was found.
The Ministry of Education and Training (MOET) governs all education levels from preschool education to tertiary education, and it is responsible for setting the policies for all types of schools (Art. 105). MOET is also responsible for educational goals, programs and contents; regulations regarding enrolments, assessments and diplomas; and teacher and manager development; infrastructure; and quality assurance. The Ministry of Labor, War Invalids and Social Affairs manages vocational education, decides on the establishment of public schools and non-state schools for colleges (except colleges of pedagogy), and also cooperates with relevant authorities regarding children’s affairs (Art. 8, 43, 52).
At the provincial and local levels, the provinces are responsible for school education, and local governments through the Department of Education and Training (DOET) are responsible for upper secondary education. At the district level, the Bureaus of Education and Training (BOET) monitor primary and lower secondary education, and in 2018 there were 713 BOETs.
Vision: In the Education Act of 2020, the government defines the role of the private sector as an investor in the development of the education system, and views that investment should be prioritized in “mountainous areas, islands, ethnic minority areas”, vulnerable areas and industrial parks (Art. 17 and 27). The government encourages investment from “domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals”, and protects their right to do so. In addition, the Education Development Strategy 2011-2020 (2011) refers to enhancing the role of the private sector as a key actor in preschool and higher education. Further, the Socio-Economic Development Strategy 2011-2020 does not mention the role of non-state actors in relation to the education system.
3.1 Regulations by distinct levels of education
In Viet Nam, early childhood care and education (ECCE) is composed of nursery which provides care to children from 3 months old to 3 years old, kindergarten for children from 3 to 6 years old, and pre-primary school for children from 3 months old up to 6 years old. Preschool combines both nursery and kindergarten. Sectoral statistics suggest that in 2017-18, there were more pre-primary schools, and most pre-primary schools were public (10,533 comparted to 2,468 pre-primary schools). Similarly, there were more public nurseries (13) and public kindergartens (2,113) than private ones (2 non-public nurseries and 127 non-public kindergartens).
Registration and approval: See Multi-level regulations.
Licence: No information was found.
Profit-making: No information was found.
Taxes and subsidies: The Decree: Providing for Early Childhood Education Development Policies (2020) states that community and private independent preschools located near industrial parks can receive up to a minimum benefit rate of 20 million VND towards infrastructure repairs. They can also receive household items, toys and teaching equipment (Art. 5). See Multi-level regulations for additional information.
Quality of teaching and learning
Curriculum and education standards: The Law on Education (2019) sets the requirements on preschool education content and methods (Art. 24) and preschool education programmes (Art. 25).
Teaching profession: See Multi-level regulations
Fee-setting: See Multi-level regulations
Admission selection and processes: No information was found.
Policies for vulnerable groups: The Decree: Providing for Early Childhood Education Development Policies (2020) states that licensed community or private independent preschool institutions located near an industrial park which have at least 30% of students of whom are children of workers of the industrial park are eligible for the benefits (Art. 5).
Quality assurance, monitoring and accountability
Reporting requirements: No information was found.
Inspection: See Multi-level regulations
Child assessment: No information was found.
Sanctions: See Multi-level regulations
Registration and approval: See Multi-level regulations
Licence: No information was found.
Water, sanitation and hygiene (WASH): No information was found.
Profit-making: See Multi-level regulations
Taxes and subsidies: See Multi-level regulations
Quality of teaching and learning
Curriculum and education standards: According to Art. 60, community and private schools are autonomous and responsible for school development plans, organizing educational activities, teaching profession and mobilizing and managing resources to achieve their educational goals.
Textbooks and learning materials: See Multi-level regulations
Teaching profession: Guidelines on teacher salaries seems to be only regulated for teachers in public schools (Joint Circular 35/2006/TTLT/BGDDT‐BNV on Guiding Payrolls of Employees at Public General Education Establishments). This same circular also regulates the teacher-class ratio for primary schools in both single-shift and double-shift schools. For additional information, see Multi-level regulations.
Corporal punishment: Students have a right to study in a safe and healthy school environment (Law on Education, Art. 83), and teachers must respect and treat students fairly, as well as protect students’ rights (Art. 69). Schools are also responsible for ensuring the safety of both teachers and students (Art. 89). However, further information was not found although evidence does suggest that corporal punishment is unlawful.
Other safety measures and Covid-19: No information was found.
Fee-setting: See Multi-level regulations
Admission selection and processes: No information was found
Policies for vulnerable groups: See Multi-level regulations
Quality assurance, monitoring and accountability
School board: See Multi-level regulations
Reporting requirements: No information was found.
School inspection: See Multi-level regulations
Student assessment: Students at the end of lower secondary education and upon successful completion of upper secondary education must take national assessments. Upper secondary education students must take the National Upper Secondary Graduation Examination upon successful completion of upper secondary education. This exam assesses 4 areas: foreign languages, mathematics, science and literature. Once students pass the assessment, they are rewarded with a diploma known as Bang Tốt Nghiệp Phố Thong Trung Học.
Diplomas and degrees: Once students have completed primary, lower secondary and upper secondary education and met the requirements prescribed by the MOET, they can be certified as having completed the specific education level (Art. 34). Successful completion of each grade is certified by the principal in primary education, by the head of a specialised education agency at the district-level in lower secondary education, and by the head of a specialised education agency at the provincial-level in upper secondary education (Art. 34).
Sanctions: See Multi-level regulations
Tertiary education in Viet Nam consists of public (171 institutions) and non-public (65) institutions. Almost five times as many students are enrolled in public institutions (1,439,495 students) compared to non-public institutions (267,530 students).
Registration and approval: The Law on Higher Education (2012) defines the conditions for establishing a higher education institutions. These include having an establishment project, written consent from the relevant provincial agency, a certification on the financial capacity of the investment from competent agency, and an investment certificate in the case of a foreign-invested higher education institution. This process for establishing a higher education institution can take 4 years from the time a decision is made (Art. 22). See Multi-level regulations for additional information.
Licence: No information was found.
Profit-making: The Law on Higher Education (2012) states that higher education institutions which are non-profit foreign invested and those which are private institutions use their annual profit to reinvest in education and they cannot be distributed to shareholders or contributors as dividends or the dividends cannot “exceed the interest rate of the Government ‘s bonds” (Art. 4). Further, the Law prohibits the misuse of higher education activities to earn illegal profits (Art. 12). See Multi-level regulations for additional information.
Taxes and subsidies: To incentivize investment in higher education, the Law on Higher Education (2012) states that land, tax, credit and employee training can be offered to non-profit foreign invested higher education institutions and to private institutions (Art. 9 and 12). The law also mentions that private higher education institutions can be allocated property and land or receive a donation (Art. 67). See Multi-level regulations for additional information.
Quality of teaching and learning
Curriculum and education standards: No information was found.
Teaching profession: See Multi-level regulations
Fee-setting: See Multi-level regulations
Admission selection and processes: No information was found.
Quality assurance, monitoring and accountability
Board: No information was found.
Reporting requirements: No information was found.
Inspection: According to the Law on Higher Education (2012), inspections of higher education are carried out by the Inspectorate of the MOET in cooperation with ministerial-level agencies and provincial-level agency. The inspections aim to verify the implementation of law and policies in higher education, detecting and preventing violations of law and verifying specific agencies can settle complaints (Art. 70). Specific state agencies also inspect the management and proper use of financial resources by higher education institutions (Art. 60). Quality assessment of higher education can be request by government management agencies and education quality assessment organisations which are accredited by the MOET (Art. 51) and assess the qualification of higher education institutions and their training programs (Art. 52). See Multi-level regulations for additional information.
Assessment: No information was found.
Diplomas and degrees: The Ministry of Education and Training has the responsibility to ad) Prescribing the diploma granting responsibilities and competence of Vietnamese higher education institutions when they perform joint training with foreign higher education institutions; prescribing the responsibilities of foreign-invested higher education establishments to grant university education diplomas in Vietnam.
Sanctions: A higher education institution can be suspended in the case that fraud is committed during the establishment process, requirements for training activities is not met, the person responsible for the higher education institution is not competent, and other violations that are liable to administrative sanctions (Art. 25). If these issues are remedied, activities can begin again. In addition a higher education institution can be dissolved in cases where the law is seriously violated, the cause for suspension is not remedied after the specified time, the contents and target in the decision for establishment is no longer appropriate for socio-economic development, the organization or individual that established the higher education institutions asks to dissolve the institution, and the commitment to establish the higher education is not done after 5 years of receiving approval Violations by higher education institutions (Law on Higher Education (2012), Art. 26).
3.2 Multi-level regulations
This section includes regulations referred to in the Law on Education No.43/2019 and covers all education levels.
Registration and approval: The Law of Education 2019 (Art. 49) defines how schools can be established and the requirements for carrying out education activities. Requirements include establishing a school in line with a socio-economic development plan, the network of education institutions and the Law on Planning. The establishment project contains the education objectives, tasks, programs and contents; information on infrastructure and facilities; location; financial and other types of resources; and the strategic direction of the school construction and development. Similarly, to obtain permission to carry out education activities, the following requirements need to be met: land and equipment which is safe for students, teachers and staff; programs and learning materials which are specific to each education level; qualified teachers and administrators; sufficient financial resources; and regulations regarding the school organisation and operation. Once the school fully meets these requirements, they can be established and begin conducting education activities within a given timeframe.
The decision regarding the establishment of an education institution is carried out at the district-level for pre-schools, kindergartens, primary schools, lower secondary schools, and schools with multiple levels of education; at the provincial level for upper secondary education and high schools with multiple education levels; by the Minister of Education and Training for university-preparatory schools, pedagogical colleges and schools under the Ministry; and preschools, kindergartens, primary schools, lower secondary schools, high schools proposed by foreign diplomatic missions or intergovernmental international organizations; by the Minister of Labour, War Invalids and Social Affairs for colleges, except colleges of pedagogy; and by the Prime Minister decides for higher education institutions.
Profit-making: According to the Law on Education (2019, Art. 101), private education institutions which have revenue can use this money to contribute to the operation of the institution, implement obligations to the state budget, establish investment funds and remaining funds are distributed across investors in “proportion to equity, excluding educational institutions operate not for profit”.
In addition, education institutions cannot take advantage of education sponsorship or support forced contributions of money or in-kind (Art. 22). In addition, the Law also states that investors establishing non-profit schools are honored for making contributions to investment capital in the establishment, construction and development of the school (Art. 54).
Taxes and subsidies: Education institutions can receive funds from: the state budget; domestic and foreign organisations and individuals (which can include aid and donations); revenue from education services, production and business activities, interest and other lawful sources; fund for ordering and assigning tasks of the State; and borrowed capital (Art. 95).
The government can allocate or lease land or facilities to people-founded (community schools) and private schools. The government can also fund specific tasks. These schools are also “entitled to preferential policies on education and training; taxes and credits” (Art. 103).
Quality of teaching and learning
Textbooks and learning materials: The Ministry of Education and Training is responsible for regulating the documents and materials selected and used in preschool education, general education and tertiary education. They set the standards and procedures for appraisal and approval. In general education there is the National Council for Assessment of Textbooks evaluates the textbooks. In addition, Art. 32 states how textbooks are prescribed in general education and the requirements textbooks must meet to be used in general education programs. It also details the role provincial and local level actors on the selection and content of textbook materials (Art. 32).
Teaching profession: Education institutions are responsible for creating conditions for teachers development and for them to meet standards (Art. 73). Teachers must meet certain qualifications depending on the education level and as set by the MOET. Preschool teachers must have a pedagogical college diploma or higher, and primary and secondary school teachers must have a bachelor’s degree or higher in teacher training. Teachers in primary and secondary education can also have a bachelor’s degree in a relevant discipline along with a certificate of professional training in pedagogy. Teachers in tertiary education must have a master’s degree if teaching university or a doctorate degree for those teaching a master’s or doctoral theses (Art. 72).
Teachers’ salaries are paid based on their position and occupation and are given special allowances according to the government (Art. 76). Further, the government implements policies regarding their recruitment, employment, and other conditions to be able to perform their tasks as a teacher (Art. 77).
Fee-setting: Tuition fees are set by the government to ensure the cost of education, but all non-state education institutions, included people-founded education institutions, have the right to set their own rates. These costs must also be made public (Art. 99). Higher education tuition fee regulation is set according to the regulations in the Law on Higher Education (2012).
The forms that tuition fees are collected and managed are decided by the government and in some cases by the provincial-level authorities as well. The Decree On Mechanism For Collection And Management Of Tuition Fees Applicable To Educational Institutions In The National Education System And Policies On Tuition Fee Exemption And Reduction And Financial Support From Academic Year 2015 – 2016 To 2020 – 2021 No. 86/2015 states the tuition fee brackets by education level for public education institutions.
Policies for vulnerable groups: Students in primary schools are not required to pay tuition fees, and primary school students in areas where public schools do not exist can attend private schools through funding from the state and based on the decision off the relevant provincial authorities. In addition, 5 year-olds in preschools and lower secondary school students from specific groups can be exempted from tuition fees (Art. 99). Articles 7 and 8 of the Law on Education lists the types of students who are eligible for a reduced tuition fee or are exempted, including those with a disability or with financial difficulties.
Quality assurance, monitoring and accountability
Board: The school council of a private school governs the school and represents the investor. The education institution’s charter sets the procedure for the establishment, organizational structure, tasks and responsibilities of the council. This includes councils in kindergartens, preschools and general education institutions.
Councils of private schools, which have domestic or foreign investors, consist of representatives of the investor and elected school members who are both external and internal to the school. In a private not-for-profit school, the school council is composed of investor representatives, selected based on capital contribution; school members, including the secretary of the Party Committee, the President of the Trade Union, the student representative of the executive committee of the Ho Chi Minh Communist Youth Union, the principal, teacher and employee representatives; and external members which can include “representatives of leaders, administrators, educators, entrepreneurs, and alumni elected by the school's plenary or convention of delegates” (Art. 55).
Inspection: Education institutions in all education levels (preschool to higher education, including vocational education) undertake quality accreditation process (Art. 110).
In ECCE and primary and secondary education, the MOET established the National Council for Evaluation of Early Childhood Education Programs and the National Council for Appraisal of General Education Programs. Both councils are responsible for setting the of the inspection and assessing the education programs in each respective grade level. The Councils consist of at least one-third of teachers at the respective grade level, education administrators, scientists with expertise in education and representatives of relevant agencies. They aim to assess preschool programs (Law on Education, Art. 25 and 31).
Sanctions: Schools can be suspended from engaging in education activities if they commit fraud when establishing the school, failing to meet set conditions or to conduct education activities within the set time limit, the person responsible the school is not competent, and other violations that are liable to administrative sanctions (Art. 50). If these issues are remedied, activities can begin again as decided by the relevant authority. Further, a school can be closed when: regulations regarding management, organization and operation are seriously violated, the cause for suspension is not remedied after the specified time, the contents of education activities are not appropriate for socio-economic development, the school fails to ensure a quality education, and the founder or owner of the school requests the closure of the school. The decision to close must ensure the rights and interests of teachers, education administrators, students and school staff are addressed. Finally, the decision must be made public (Art. 51).
3.3 Supplementary private tutoring
In Viet Nam, private tutoring can be organised by parents, teachers, schools or private tutoring centers, and they can range in sizes from one-on-one tutoring to large classes of 200-300 students. Evidence from 2011, found that about 30% and 50% of primary and secondary students, respectively, were enrolled in private tutoring. Participation in private tutoring seems to increase as students become closer to their last grade in primary education and then lower secondary education. A survey of 350 socio-economically advantaged parents found that almost all tutoring was undertaken by a government teacher
In 2007 (amended in 2012), MOET issued a regulation on private tutoring which stated that organisations and individuals can provide private tutoring if they have a permit granted by a local authority. If this regulation is violated, individuals can be prosecuted. Further, primary school students cannot receive private tutoring.
Financial operation and quality
While no regulation was found regarding financial operation of private tuition services, the Education Law of 2019 (Art. 22) states that it is prohibited to force students to take extra lessons to collect money, among other rules.
The 2007 regulation (amended in 2012) teachers cannot provide tutoring to their own students, and students studying two schooling shifts per day cannot participate in private tutoring. Teachers are also not allowed to reduce their teaching materials that are to be taught during regular school hours and teach it in their private tutoring classes. The regulation could not be found but evidence from the literature was used.
