CIRCULAR

ON PROMULGATION OF THE REGULATION ON DISTANCE EDUCATION AT HIGHER EDUCATION LEVEL

Pursuant to the Law on Education dated June 14, 2019;

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

Pursuant to Government's Decree No. October 24, 2022 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 99/2019/ND-CP dated December 30, 2019 of the Government on elaboration of and guidelines for the Law on amendments to the Law on Higher Education;

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

The Minister of Education and Training promulgates a Circular on promulgation of the Regulation on distance education at higher education level.

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Article 2. This Circular comes into force as of February 12, 2024, applicable to distance education courses at higher education level after the effective date of this Circular.

This Circular supersedes Circular No. 10/2017/TT-BGDDT dated April 28, 2017 of the Minister of Education and Training on promulgation of the Regulation on distance education at higher education level.

Article 3. Chief of the Ministry Office, Director of the Department of Higher Education, heads of relevant units under the Ministry of Education and Training; directors of universities and institutes; principals of colleges; principals or directors of schools of regulatory agencies, political organizations, socio-political organizations, and the people's armed forces; relevant organizations and individuals shall this Circular./.

PP. MINISTER
DEPUTY MINISTER




Hoang Minh Son

REGULATION ON

DISTANCE EDUCATION AT HIGHER EDUCATION LEVEL
(Issued together with Circular No. 28/2023/TT-BGDDT dated December 28, 2023 of the Minister of Education and Training)

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GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation provides for distance education at higher education level, including:  general regulations; formulation of teaching plans and teaching organization; academic performance assessment and degree awarding; implementation.

2. This Regulation applies to higher education institutions, schools of regulatory agencies, political organizations, socio-political organizations, and the people's armed forces that are allowed to provide education at higher education level (hereinafter referred to as training institutions); organizations and individuals related to distance education at higher education level.

3. This Regulation is the basis for training institutions to develop and promulgate detailed regulations on the organization and management of distance education at higher education level and the degree awarding applicable at training institutions (hereinafter referred to as training institution's regulations).

4. This Regulation does not apply to the organization of distance education programs at higher education level with degrees awarded by foreign educational institutions (including joint training programs with foreign countries) according to regulations on foreign cooperation and investment in the field of education).

Article 2. Interpretation of terms

For the purposes of this Regulation, these terms below shall be construed as follows:

1. “distance education” means a form of training in which at least 50% of the total academic load of the training program is carried out in one or a combination of the following distance education modes: Computer network and Telecommunications, Mail correspondence, Radio and Television.

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3. “Mail correspondence” uses mail or post office to transmit information between lecturers and learners.

4. “Radio - Television" uses broadcasting media, including radio programs or television programs to transmit information between lecturers and learners.

5. “distance education system of a training institution” is a comprehensive system including the following basic components: department of training organization and management; documents on distance education; distance education program; distance education materials; lecturers, learning support staff, and school administrators; remote teaching and learning management system; inspection and evaluation system; technical support system.

Article 3. Distance education program and study duration

1. Distance education program is a training program that is applied to the full-time study of the corresponding academic discipline of the training institution (hereinafter referred to as the full-time study) that is adjusted and described specifically in the detailed outline of each module to suit the distance education mode in terms of teaching - learning methods, teaching - learning duration, academic performance assessment, which mainly uses Computer network and telecommunications mode.

2. The distance education program has a standard learning plan for the whole course according to varied learning progresses to orient learners, in which the total time according to the standard learning plan for the whole course is not shorter than the full-time study.

3. For learners who take bridge programs and whose accumulated credits have been exempted, maximum time limit for them to complete a course shall be determined by deducting the amount of study time corresponding to the completed academic load from the study duration according to the standard learning plan of the whole course.

4. Training programs must be announced to learners before admission and at the start of the course; changes relevant to training programs shall be made in accordance with existing regulations and announced before adoption and mitigate the negative impact on learners. Every year, training institutions shall review, evaluate and update their distance education programs.

Article 4. Distance education materials

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2. Distance education materials include core study materials and supplementary study materials necessary for the education.

3. Core study materials shall ensure full and complete academic contents provided and conveyed to learners to enable their self-study to the extent of being relevant to the following modes of distance education:

a) Computer network and Telecommunications: Core study materials are electronic learning materials and digital learning materials;

b) Mail correspondence: Core study materials are printed materials, including textbooks compiled for distance education, reference books, study and research manuals, workbooks, and examination and test manuals;

c) Radio - Television: Core study materials are radio and television programs.

4. Supplementary study materials furnish learners with detailed information to guarantee a deep and complete understanding of contents in core study materials.

5. The principal or director of a training institution (hereinafter referred to as the principal) organizes the development, appraisal, and approval of distance education materials before delivering distance education in accordance with this Article 5 and the regulations of the Ministry of Education and Training on the compilation, selection, appraisal, approval, and use of teaching materials and higher education textbooks.  Every year, the training institution shall review, evaluate, and update learning materials to meet professional and technical requirements.

Article 5. Minimum requirements for delivery of distance education program

1. Distance education systems of training institutions have been completely constructed with all components mentioned in clause 5 Article 2 of this Regulation.

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3. The distance education program has been developed, evaluated, and issued according to regulations on training program standards; develop, evaluate, and promulgate training programs for higher education levels of the Ministry of Education and Training; training program standards issued by the Ministry of Education and Training and the provisions of this Regulation.

4. The distance education department must manage and supervise the following: the teaching and learning process; the amount of time allotted for interaction between lecturers and learners, between learners and learners; exams, tests, assessments and awarding of degrees.  The specialized leading unit in the distance education program is also the specialized leading unit in the full-time program.

5. The system of examination and academic performance assessment must ensure objectivity and honesty; evaluate the learning process, evaluate the end of the module and subject; control and authenticate learners' learning progress through their studies, test scores, exam results, and performance on assigned tasks in their programs.

6. The training institution’s regulations must comply with this Regulation and other relevant laws.

7. The team of lecturers, learning support staff, and school administrators are sufficient in terms of quantity, quality, qualifications and structure; have been trained in skills, teaching methods, and distance education management.

a) Full-time lecturers must comply with regulations on training program standards and relevant training program standards issued by the Ministry of Education and Training. Full-time lecturers with doctoral degrees who are responsible for presiding over the development and implementation of training programs and presiding over teaching the program according to regulations on opening academic disciplines and training program standards of the Ministry of Education and Training are required to directly teach the distance education program;

b) Up to 30% of the academic load of distance education program is delivered by visiting lecturers; and is increased to up to 50% when and only when the visiting lecturer is a full-time lecturer of the joint training partner as prescribed in Article 7 of this Regulation and delivers at least 20% of the academic load of distance education program

8. Facilities, equipment, libraries, and study materials must be adequately provided in order to deliver distance education, in specific:

a) Having technical rooms spacious enough to install distance education equipment and staff rooms with enough space and providing necessary amenities for administrators, learning support staff, and lecturers;

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c) Having the technical systems used for delivering distance education: Providing information related to the distance education;  storing and transmitting the contents of distance education programs to learners; supervising, managing, and assessing the learners through their learning process; storing and securing information on learning activities and student’s learning timeline and personal files in accordance with current legal regulations and training institution regulations on archives and information security; connecting information between learners, lecturers, and administrators through information technology systems;

d) Having libraries or e-libraries providing the number of books, textbooks, reference materials and specialized digital adequate to assist learners in their learning and studying activities;

dd) Having enough core study materials and supplementary study materials for the first 2 years of the distance education program and have a plan to build and develop core study materials and supplementary study materials for the remaining units of study for the remaining years of the entire course so that the institution has adequate learning materials suitable for a specific distance education mode at least 1 year (12 months) before the start of the new school year.

9. Meeting requirements on information technology application in online training for higher education of the Ministry of Education and Training.

10. There is a distance education project developed for each specific training program, which describes in detail:  the need for opening distance education; full preparation of minimum requirements to deliver distance education, solutions and roadmap as prescribed in this Article; risk prevention and response plans to protect rights of learners, lecturers, the training institutions, and relevant parties. The school council or university council decides on the distance education policy based on the proposal of the principal and the opinion of the scientific and training council of the training institution. The principal approves the project and decide on distance education based on appraisal opinions and assessment of the level of actual response against the minimum requirements for delivering distance education laid down by the scientific and training council of the training institution.

Article 6. Suspension of distance education activities

1. A training institution is suspended from distance education activities when there is a conclusion from a competent authority about the training institution's violation in one of the following cases:

a) Make autonomy decisions on distance education when one of the minimum requirements for distance education is not met as prescribed in Article 5 of this Regulation;

b) Failure to maintain compliance with one of the minimum requirements for distance education delivery which affects the quality of training as prescribed in Article 5 of this Regulation;

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2. The Ministry of Education and Training may impose a suspension of distance education activities for a duration of 6 months to 1 year on training institutions found by competent agencies to have violated Clause 1 of this Article which affects the training quality. The suspension decision must clearly define the reasons, scope, suspension duration, and public announcement on the means of mass media.

3. Training institutions subject to suspension of distance education as prescribed in Clauses 1 and 2 of this Article must take measures to safeguard the legitimate rights and interests of learners, lecturers, learning support staff, and school administrators of training institutions.

4. After the period of suspension of distance education, if the cause leading to the suspension is remedied, and the training institution fully meets the minimum requirements to deliver distance education according to this Regulation, the principal may approve resumption of distance education and report it to the Ministry of Education and Training.

5. Distance education programs with an approved project and decision will have their approval automatically expire if the training institution fails to enroll students or has been unable to enroll learners for three consecutive years.

Article 7. Training locations

1. Teaching and learning activities take place at training institutions, branches of training institutions, or joint training partners; practical activities, internships, practical experiences, self-study, self-research and online teaching may take place outside training institutions, branches of training institutions, or institutions involved in joint training.

2. Joint training partners are higher education institutions, colleges, post-secondary schools, continuing education centers, vocational education centers - continuing education centers, schools of regulatory agencies, political organizations, socio-political organizations, and people's armed forces that meet requirements pertaining to pedagogic environment, facilities, equipment, libraries, and laboratory equipment, practice, internship, and school administrators to deliver distance education programs.

3. Responsibilities of the leading training institution:

a) Formulate specific regulations on distance education coordination; appraise quality assurance conditions of the joint training partner;

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c) Manage training quality. In case the joint training partner does not meet the quality assurance requirements according to the regulations of the module or training program, the learners must be transferred to the leading training institution or another qualified joint training partner for further education as prescribed and protect learners’ rights;

d) Take legal liability for execution of the training cooperation contract; implement regulations on enrollment and training; protect legitimate rights for lecturers and learners throughout the process of training delivery.

4. Responsibilities of the joint training partner:

a) Sign a training cooperation contract with the leading training institution;

b) Ensure adequate facilities for training; participate in management, teaching, administration of exams and tests according to agreement between the two parties;

c) Take legal liability for execution of the training cooperation contract; implement regulations on enrollment and training; protect legitimate rights for lecturers and learners throughout the process of training delivery at the joint training partner.

Chapter II

FORMULATION OF TEACHING PLANS AND TEACHING ORGANIZATION

Article 8. Teaching and learning plan, study registration

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2. Study registration are done in accordance with Clauses 1, 2, 3 and Point b, Clause 4, Article 7 of Circular No. 08/2021/TT-BGDDT.

Article 9. Organization and management of distance education

1. Distance education programs are delivered using a credit-based system. Other requirements on teaching and learning organization are set out in Clauses 1 and 3, Article 8 of Circular No. 08/2021/TT-BGDDT.

2. Deliver distance education at joint training partners in accordance with Article 7 of this Regulation.

3. Assign lecturers and learning support staff to deliver distance education programs in accordance with Clause 7, Article 5 of this Regulation.

4. Organize online teaching and learning in accordance with regulations on information technology application in online training for higher education of the Ministry of Education and Training.

5. Provide learners, lecturers, administrators, and learning support staff with: knowledge and skills about distance teaching and learning; information about training programs, learning resources, testing and assessment tools; opportunities to participate in career counseling, guidance sessions, and internship programs.

6. Effectively operate the technical support system to help learners easily access learning resources, connect learners with learners, learners with lecturers, and support lecturers in checking, monitoring, and evaluating the level of learner's progress.

7. The delivery of distance education must ensure interaction between learners and lecturers, between learners and learners; ensure at least 4 core study activities below: attending class sessions, tutorial sessions, thematic discussions and seminars; learning from core study materials and supplementary study materials; engage in learning activities and complete assessment exercises; seek advice and direct questions to lecturers.

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9. The training institution’s regulations elaborate the assignment of lecturers, feedback from learners, disclosure of responsibilities and rights of lecturers, learners, academic departments, and related administrators; regulations on personal information protection and academic data security.

10. Other regulations on learners are set out in Article 15, Article 16, Article 17, Article 18, Article 19 and Article 20 of Circular No. 08/2021/TT-BGDDT.

Chapter III

ACADEMIC PERFORMANCE ASSESSMENT AND DEGREE AWARDING

Article 10. Academic performance assessment

1. Academic performance assessment is carried out in accordance with Articles 9 and 10 of Circular No. 08/2021/TT-BGDDT.

2. Administer final exams at the end of the course in a direct form, and learners must gather at the training institution or at a joint training partner according to the training institution's regulations.

3. The final question paper is developed in accordance with the content and requirements for the final exam, and is checked and confirmed by the head of the leading institution.

4. Academic performance assessment is carried out in accordance with Articles 11 of Circular No. 08/2021/TT-BGDDT.

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1. Academic performance recognition and credit conversion are carried out in accordance with Article 13 of Circular No. 08/2021/TT-BGDDT.

2. Graduation recognition and degree awarding are set out in Article 14 of Circular No. 08/2021/TT-BGDDT.

Chapter IV

IMPLEMENTATION

Article 12. Quality assurance in distance education

1. Training institutions shall initiate the following: internal inspection and supervision mechanism on teaching and learning activities, support for learners and exams, tests, and assessment of academic performance; get feedback from learners about their learning experience, quality of learning materials, effectiveness of teaching methods, perceived support from lecturers, support staff, software functions and get feedback from other stakeholders; procedures for handling suggestions, recommendations, and feedback from learners.

2. Carry out quality assessment of distance education programs, in specific:

a) As for a distance education program that has enrolled learners before the effective date of this Regulation, no later than 3 years from the effective date of this Regulation, the training institution must carry out quality assessment of the distance education program that had a graduation course;

b) As for a distance education program that has enrolled learners before the effective date of this Regulation but have not yet had a graduation course or has been approved after the effective date of this Regulation, the training institution must apply for quality assessment of distance education program in accordance with Clause 5, Article 33 of the Law on Higher Education (amended in 2018).

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Article 13. Formulation and implementation of training institution’s regulations

1. Pursuant to this Regulation and other relevant laws, the training institution shall:

a) Formulate, promulgate, and implement the training institution’s regulations provided that their regulations meet or surpass, but do not contravene, the requirements outlined in this Regulation; develop specific regulations on procedures for deciding on policies and approving distance education projects;

b) Issue decisions on delivery of distance education programs and distance education cooperation (if any) to meet all requirements of this Regulation; which must clearly state the name of the academic discipline, distance education mode, eligible entities, training locations, joint training partner and other relevant information.

Within 10 working days from the date of making the decision on distance education, update information about the distance education project and distance education decision to the national database system on higher education, and send the decision on distance education along with the distance education project to the Ministry of Education and Training;

c) Fulfill responsibilities for educational quality assurance in accordance with Article 50 of the Law on Higher Education (amended in 2018);

d) Strengthen academic integrity; monitor and control copy protection; ensure the integrity of the content of essays, projects, theses, and other thematic reports; formulate sanctions and take serious actions against violations;

dd) Develop risk prevention and response plan: analysis reports, explanations and predictions of possible risk situations and preventive and remedial measures; specific analysis report on risk handling solutions in case the training institution is suspended from operation of academic discipline or delivery of distance education in that academic discipline.

2. The training institution shall:

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b) Disseminate and guide learners to comply with the training institution's regulations and regulations related to the learning process, regulations on the obligations and rights of learners at the beginning of the course;

c) Provide training and refresher courses in necessary methods and skills for lecturers, learning support staff, and school administrators;

d) Undertake internal inspection and examination of the implementation of the training institution’s regulations and this Regulation;

dd) Maintain and develop the distance education system of the training institution; update and modernize technology and technical means to improve the efficiency and quality of distance education in the direction of international integration.

Article 14. Regulations on reporting, information storage and disclosure

1. Before December 31 every year:

a) Training institutions shall report to the Ministry of Education and Training, the Provincial People's Committee and superior agencies in person or online on the delivery and management of distance education and quality assurance of distance education (Report form in Appendix I);

b) Joint training partners shall report to the Ministry of Education and Training and People's Committees of provinces or districts where training activities are delivered face-to-face or online regarding the enrolment and training in local areas (Report form in Appendix II).

2. Training institutions shall complete the database at the training institution and update complete and accurate data on distance education into the national database system on higher education according to regulations of the Ministry of Education and Training.

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4. The training institution shall disclose the following on their website before delivering distance education:

a) Their distance education regulations and other regulations related to distance education;

b) Distance education decision;

c) Distance education program;

d) Quality assurance requirements for distance education (including information on qualifications and experience of lecturers and support staff);

dd) Enrolment announcement according to current enrolment regulations.

5. Training institutions shall provide and maintain information in the learning environment, support learners, regularly update public information on the training institution's website, ensuring that information is easily accessed, updated, accurate, easy to read, including at least the following contents:

a) Information specified in Points a, b, c, d, Clause 4 of this Article;

b) Number of learners admitted, currently studying, dropping out and graduating for each course and each distance education program;

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d) Data that proves the compliance with the minimum requirements to deliver distance education as prescribed in Article 5 of this Regulation./.

APPENDIX I

ANNUAL REPORT ON DISTANCE EDUCATION
(Issued together with Circular No. 28/2023/TT-BGDDT dated December 28, 2023 of the Minister of Education and Training)

SUPERIOR AGENCY (if any)
TRAINING INSTITUTION’S NAME
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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[Location]…….., [date]…………….

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On distance education at higher education level in … [year]

I. Distance education program

No.

Distance education program’s name

Academic discipline’s name

Ministry of Education and Training’s permission/Autonomy decision on distance education decision of the training institution

Latest decision on distance education program

Distance education mode [1]

Decision No.

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Signatory

Decision No.

Signing date

Signatory

(1)

(2)

(3)

(4)

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(6)

(7)

(8)

(9)

(10)

1

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2

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II. Joint training partner

No.

Joint training partner’s name

Joint training partner’s location

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Joint training cooperation contract

Cooperation contract No.

Signing date

Contract duration

Name of distance education program in the cooperation contract

(1)

(2)

(3)

(4)

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(6)

(7)

(8)

1

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2

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No.

Distance education program’s name

Academic discipline’s name

Academic discipline’s  code

Training location (headquarters, branch, joint training partner)

Enrollment target

Number of enrollees

Number of learners forced to drop out of school during the year

Number of graduated learners

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Upper secondary

Post-secondary

College

University

(1)

(2)

(3)

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(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

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2

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Notes: Report the number of learners by each training location and the number of enrollees categorized by their entry levels

IV. Lecturers, learning support staff, and administrators

No.

Distance education program’s name

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Number of support staff

Number of distance education program administrators

Full-time

Full-time contract

Visiting lecturer

Full-time

Full-time contract

Ad hoc contract

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(2)

(3)

(4)

(5)

(6)

(7)

(8)

9

1

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2

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V. Distance education software

No.

Name of distance education software

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Main functions of the software

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2

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(Summary report on development of distance education materials)

VII. Inadequacies, limitations (if any)

VIII. Causes and solutions

IX. Recommendations of training institutions

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APPENDIX II

ANNUAL REPORT ON DISTANCE EDUCATION COOPERATION
(Issued together with Circular No. 28/2023/TT-BGDDT dated December 28, 2023 of the Minister of Education and Training)

SUPERIOR AGENCY (if any)
JOINT TRAINING PARTNER’S NAME
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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[Location]…….., [date]…………….

REPORT

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I. Leading training institutions

No.

Training institution’s name

Province/City where the training institution is headquartered

Joint training cooperation contract

Cooperation contract No.

Signing date

Contract duration

Name of distance education program in the cooperation contract

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(2)

(3)

(4)

(5)

(6)

(7)

1

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2

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II. Enrollment and distance education

No.

Training institution’s name

Distance education program’s name

Academic discipline’s name

Academic discipline’s code

Enrollment target

Number of enrollees

Number of learners forced to drop out of school

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Scale until December 31

Upper secondary

Post-secondary

College

University

(1)

...

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(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

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(13)

1

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2

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III. Inadequacies, limitations (if any)

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V. Recommendations of the joint training partner

Joint training partner’s leader
(Signature and seal)

[1] List distance education modes used to deliver distance education programs