Thông tư 38/2020/TT-BGDDT

CIRCULAR

PROVIDING FOR JOINT TRAINING PROGRAMS FOR BACHELOR’S, MASTER’S AND DOCTORATE DEGREES DELIVERED BY ONLINE AND BLENDED LEARNING METHODS

Pursuant to the Law on Higher Education dated June 18, 2012 and Law on Amendments to Law on Higher Education dated November 19, 2018;

Pursuant to the Government's Decree No. 99/2019/ND-CP dated December 30, 2019 elaborating and providing guidelines for a number of Articles of the Law on Amendments to Law on Higher Education;

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

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

At the request of the Director General of Higher Education Department;

The Minister of Education and Training hereby promulgates a Circular providing for joint training programs for bachelor’s, master’s and doctorate degrees delivered by online and blended learning methods.

Article 1. Scope and regulated entities

1. This Circular provides for joint training programs for bachelor’s, master’s and doctorate degrees delivered by online and blended learning methods.

2. This Circular is applicable to higher education institutions established and operating under the law in Vietnam, governmental academies, institutes established by the Prime Minister in accordance with the Law on Science and Technology and permitted to provide doctoral programs (hereinafter collectively referred to as “Vietnamese institutions”), foreign higher education institutions (hereinafter referred to as “foreign institutions”) and relevant organizations and individuals.

Article 2. Definitions

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

1. "cooperation in online joint training program" refers to cooperation between a foreign institution and a Vietnamese institution in providing an online training program and applying information technology and multimedia communications to conferment of academic degrees.

2. “online learning method” means a learning method in which at least 50% of total classes of a joint training program are delivered online.

3. “blended learning method” means a learning method in which less than 50% of total classes of a joint training program are delivered online.

Article 3. Delivery of joint training programs by online and blended learning methods

1. Vietnamese institutions and foreign institutions shall deliver joint training programs by online or blended learning method in accordance with regulations in Articles 15, 16, 17, 18, 19, 20 and 27 of Decree No. 86/2018/ND-CP and regulations herein.

2. Vietnamese institutions and foreign institutions delivering joint training programs by blended learning method shall ensure that online classes constitute no more than 30% of total classes of each program.

3. Provision of joint training programs at branches shall be conformable to regulations on procedures, competence and requirements applicable to provision of joint training programs at the main campus, which are provided for in this Circular.

4. Competence in approving joint training schemes shall be conformable to regulations in the Law on Amendments to Law on Higher Education, Decree No. 99/2019/ND-CP and relevant regulations.

Article 4. Applicable training programs

1. Any accredited training program of a foreign institution which is currently provided at the main campus and the degree of which is recognized by an education authority of the home country of the foreign institution.

2. Any joint training program for bachelor’s degree that consists of a training program provided at the main campus of the foreign institution and an online training program in the same or a relevant academic discipline currently provided by the Vietnamese institution, both of which have had at least one graduating class.

3. Any joint training program for master’s or doctorate degree that consists of a training program provided at the main campus of the foreign institution and a training program in the same or a relevant academic discipline currently provided by the Vietnamese institution by the blended learning method with at least 20% of total classes delivered online, both of which have had at least one graduating class.

4. Joint training programs for master’s or doctorate degree no more than 30% of total classes of which are delivered online.

5. Training programs developed by both foreign and Vietnamese institutions in any of the following cases:

a) In case learners receive a degree of the foreign institution upon completion of the training program, this program must be developed, appraised and promulgated according to regulations of the home country of the foreign institution and retain the core content of the training program of the foreign institution;

b) In case learners receive a degree from both foreign and Vietnamese institutions upon completion of the training program, this program must be developed, appraised and promulgated according to regulations of the home country of the foreign institution and of Vietnam and retain the core content of the training program of the foreign institution.

Article 5. Training program size

1. The number of admission slots of a joint training program shall be decided based on quality assurance conditions in relation to facilities, equipment, laboratories, libraries, lecturers and managerial officials involved in the program. These conditions shall be separated from the conditions used to calculate total admission slots of the educational institution. Otherwise, admission slots of the joint training program shall be added to total annual admission slots of the Vietnamese institution.

2. The Vietnamese institution and the foreign institution shall propose number of annual admission slots in the application for training cooperation. The maximum number of admission slots shall be specified in the decision permitting training cooperation or decision granting autonomy in provision of joint training program.

Article 6. Training facilities, equipment and locations

1. Facilities, equipment, web portals, servers and internet infrastructures, learning management systems, learning content management systems and electronic educational resources must meet the requirements stated in Circular No. 12/2016/TT-BGDDT dated April 22, 2016 by the Minister of Education and Training on application of information technology in online training; audio-visual equipment such as computers, screens, projection screens and projectors suitable for classroom size must be available; internet connections must be stable and uninterrupted; online educational resources must be appropriate to the academic discipline and support high-speed uninterrupted access; audio and video recording equipment to be used for recording of the training process for management and inspection purposes shall be provided.

2. Provide sufficient textbooks, educational resources, electronic libraries, learning software, manuals on access to online learning management system and provision of user accounts and passwords thereof, preliminary instructions on the course as well as on examination and assessment throughout the whole course, regulations on retention and protection of information about the joint training program.

3. Provide systems and mechanisms for inspection, verification, supervision and assessment of learner participation; and strict training management systems with fast information processing speed and high accuracy.

4. Locations of in-person classes taken place at the main campus or a branch of the Vietnamese institution shall be specified in the application for training cooperation.

Article 7. Lecturers and technical assistance

1. Each online class shall have a lecturer directly in charge of the class, a teaching assistant and a technical assistant. The Vietnamese institution and the foreign institution shall finalize specific regulations on functions and duties of each of the abovementioned position.

2. Lecturers and assistants of online classes must satisfy the requirements provided for in Circular No. 12/2016/TT-BGDDT dated April 22, 2016 by the Minister of Education and Training on application of information technology in online training and requirements of the foreign institution.

Article 8. Requirements for cooperation in joint training programs delivered by online or blended learning method

1. Application for cooperation in joint training program delivered by online or blended learning method is provided for by 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. Content on educational quality assurance in the joint training scheme must elaborate on facilities, equipment, web portals, servers and internet infrastructures, learning management systems, learning content management systems and electronic educational resources used for organization and management of cooperation in online joint training program; eligibility of lecturers participating in the joint training program; regulations on quality assurance provided to ensure that the degree conferred upon learners who have completed the joint training program by the foreign institution is equivalent to the degree conferred at the main campus of the foreign institution in its home country.

3. Content on rights of learners and workers must elaborate on the risk management plan of the joint training program, especially upon suspension or termination of the program prior to the termination date stated in the joint training scheme and cooperation agreement between the cooperating parties.

Article 9. Responsibilities of cooperating parties for joint training programs

1. Formulate and promulgate regulations applicable to the joint training program according to regulations of this Circular and relevant regulations of law on admission; training organization and management; class size, which must ensure connection with learners and learning efficiency; examination, formative assessment and summative assessment, thesis and dissertation defense; and information retention and protection.

2. Provide clear and adequate information related to the joint training program on websites of cooperating parties and take responsibility for accuracy of such information.

3. Carry out activities in relation to accreditation and assurance of quality of the joint training programs according to regulations.

4. Provide training and refresher courses concerning necessary online training skills and methods and electronic educational resource designing for lecturers, teaching assistants and technical assistants involved in the joint training program.

5. Retain summative assessments and tests of learners in the learning management system and ensure that they can be extracted for inspection purpose upon request for a period of no less than 05 years starting from the graduation date.

6. Provide the joint training program in accordance with the approved content and relevant regulations of law; refund tuition if a participating institution commits a violation against regulations that results in a learner not being able to receive the degree or the conferred degree not being recognized in the home country of the foreign institution.

7. Permanently retain documents pertaining to the joint training program and learner information at the Vietnamese institution and the foreign institution.

8. Comply with reporting requirements. Failure to report or inaccurate reporting shall be handled as prescribed by law.

9. Perform other duties as per the law.

Article 10. Effect

1. This Circular comes into force from November 20, 2020.

2. In case the legislative documents cited in this Circular for application are amended or superseded, the amended or superseding documents shall apply.

Article 11. Implementation

Chief of the Ministry Office, Director General of Higher Education Department, heads of relevant affiliates of the Ministry of Education and Training; heads of parent universities and academies; heads of universities; heads of governmental academies and institutes established by the Prime Minister in accordance with regulations of the Law on Science and Technology and permitted to provide doctoral programs and relevant organizations and individuals shall implement this Circular./.