Quyết định 51/2002/QD-BGDDT

DECISION

PROMULGATING THE REGULATION ON SCHOOL CHANGE AND ADMITTANCE OF PUPILS TO LEARN AT JUNIOR AND SENIOR SECONDARY SCHOOLS

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 29/CP of March 30, 1994 on the tasks, powers and organizational structure of the Ministry of Education and Training;
Pursuant to the Charter of secondary schools, promulgated together with the Education and Training Minister's Decision No. 23/2000/QD-BGDDT of July 11, 2000;
At the proposal of the director of the General Secondary Education Department,

DECIDES:

Article 1.- To promulgate together with the Decision the Regulation on school change and admittance of pupils to learn at junior and senior secondary schools.

Article 2.- This Decision takes effect 15 days after its signing. All previous regulations contrary to this Decision are hereby annulled.

Article 3.- The director of the Office, the director of the Department of General Secondary Education, the heads of the concerned units under the Ministry of Education and Training, and the directors of provincial/municipal Education and Training Services shall have to implement this Decision.

REGULATION

ON SCHOOL CHANGE AND ADMITTANCE OF PUPILS TO LEARN AT JUNIOR AND SENIOR SECONDARY SCHOOLS
(Promulgated together with the Education and Training Minister's Decision No. 51/2002/QD-BGDDT of December 25, 2002)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Regulation prescribes the school change and re-study application of junior and senior secondary pupils; the admittance of Vietnamese pupils who have studied at secondary schools abroad but then wish to learn at junior or senior secondary schools in Vietnam; and the admittance of foreign pupils wishing to learn at junior or senior secondary schools in Vietnam.

2. The admittance of foreign pupils by international schools in Vietnam shall not be regulated by this Regulation.

Article 2.- School change

1. Except for the provisions in Clauses 2 and 3 of this Article, pupils shall be considered and permitted to change schools if all conditions on subjects and procedural dossiers prescribed in Articles 4 and 5 of this Regulation are satisfied.

2. The change from ordinary secondary schools to specialized secondary schools (boarding secondary schools for ethnic minority pupils, specialized schools and gifted pupils' schools) shall comply with the regulations of such specialized schools.

3. The change from non-public general secondary schools to public ones shall be only considered and permitted in the two following cases:

a/ Where pupils learning at non-public general secondary schools must change their places of residence together with their parents or guardians to areas with extremely difficult socio-economic conditions where exists no non-public general secondary schools, the directors of the provincial-level Education and Training Services of the destination localities shall consider and decide on a case-by- case basis the change to learn at public general secondary schools.

b/ Where pupils learning at non-public general secondary schools of a type requiring entrance examinations must change their places of residence together with their parents or guardians to localities where exists no non-public general secondary schools of equivalent quality, the directors of the provincial-level Education and Training Services of the destination localities shall consider and decide on a case-by-case basis the change to learn at public general secondary schools.

Article 3.- Admittance of Vietnamese pupils learning abroad and foreign pupils learning in Vietnam

Vietnamese pupils learning abroad and foreign pupils learning in Vietnam shall be provided with favorable conditions for their continued study at junior or senior secondary schools in Vietnam provided that all conditions on subjects and procedural dossiers prescribed in Chapters III and IV of this Regulation are satisfied.

Chapter II

CONDITIONS AND PROCEDURES FOR SCHOOL CHANGE AND RE-STUDY APPLICATION

Article 4.- Subjects of school change and re-study application

1. School change:

a/ Pupils changing their place of residence together with their fathers, mothers or guardians.

b/ Pupils meeting with extreme family difficulties or having truly plausible reasons for school change.

2. Re-study application:

Pupils applying for re-study after a duration of staying away from school, who are still in the age group prescribed for each educational level.

Article 5.- School change dossiers and procedures

1. A school change dossier consists of:

a/ The application for school change, signed by the mother, father or guardian.

b/ The study result register (the original).

c/ The diploma of the lower education level (a notarized copy).

d/ A birth certificate copy.

e/ The certificate of admittance to the first grade of the general secondary education level, specifying the type of the admitting school (public or non-public).

f/ The paper of introduction regarding the school change, issued by the principal of the school where the pupil leaves.

g/ The paper of introduction regarding the school change, issued by the head of the district-level Education and Training Section (for junior secondary education level) or the director of the provincial-level Education and Training Service (for senior secondary education level) of the locality where the pupil leaves (for cases of school change from other provinces or cities).

h/ Valid papers for enjoying priority and incentive regimes in study, entrance examinations and graduation examinations (if any).

i/ The household registration book or the certificate of long-term temporary residence or decision on job transfer of the father, mother or guardian to the locality where they move to, for pupils move from other provinces or cities.

j/ The written certification of the administration of the locality where the pupil resides, for pupils meeting with extreme family difficulties.

2. School change procedures:

a/ For junior secondary pupils:

- Changing to schools in the same province or city: The principals of the schools in the destination places shall receive and consider the dossiers and make decisions according to the regulations of the directors of provincial-level Education and Training Services.

- Changing to schools in other provinces or cities: The district-level Education and Training Sections of the destination places shall receive the dossiers and introduce the pupils to schools according to their residence places, together with the examined dossiers.

b/ For senior secondary pupils:

- Changing to schools in the same province or city: The principals of the schools in the destination places shall receive and consider the dossiers and settle according to the regulations of the directors of provincial-level Education and Training Services.

- Changing to schools in other provinces or cities: The provincial-level Education and Training Services of the destination localities shall receive and examine the dossiers and introduce the pupils to schools.

3. The school change shall be effected at the end of the first semester of the school year or during the summer vocation before the start of the new school year. For exceptional cases, the school change time shall be considered and decided by the heads of district-level Education and Training Sections (for the junior secondary education level) or the directors of provincial-level Education and Training Services (for the senior secondary education level), of the destination localities.

Article 6.- Dossiers and procedures for re-study application

1. Dossiers of re-study application

a/ The re-study application, signed by the pupil concerned.

b/ The study result register of the grade or educational level already completed (the original).

c/ The diploma of the lower educational level (a notarized copy).

d/ The written certification by the administration of the pupils' residence place of his/her observance of the State's policies and laws.

2. Re-study application procedures.

a/ Cases of application for re-study at former schools:

The principals of the schools shall permit the pupils to study at their schools after checking their dossiers.

b/ Cases of application for re-study at other schools:

The dossiers shall be supplemented and procedures be carried out as for pupils changing schools.

c/ Cases of application for re-study at the first grade of the senior secondary education level:

The directors of provincial-level Education and Training Services shall consider and make decisions on the basis of the entrance examination or enrollment consideration results of the pupils before they drop out.

3. The re-study application shall be effected during the summer vocation time before the start of the new school year.

Chapter III

CONDITIONS AND PROCEDURES FOR ADMITTANCE OF VIETNAMESE PUPILS RETURNING FROM ABROAD

Article 7.- Subjects being Vietnamese pupils returning from abroad

1. Pupils studying abroad on scholarships granted under the treaties or agreements between the Socialist Republic of Vietnam and other countries or international organizations.

2. Pupils studying abroad on their own funding or under training contracts between Vietnamese educational establishments and foreign organizations or individuals.

3. Pupils accompanying their parents or guardians working abroad, pupils of overseas Vietnamese families.

Article 8.- Diploma conditions

1. Junior secondary education:

To be admitted to junior secondary schools, pupils must have study result registers of the previous grades together with their schools' certifications that they have been permitted to higher grades.

2. Senior secondary education

To be admitted to senior secondary schools, pupils must have diplomas or certificates of graduation from junior secondary education, which are equivalent to Vietnamese diplomas of junior secondary education.

3. For pupils who previously studied in Vietnam before going to learn abroad, when they come home, they must have diplomas of the educational levels already completed in Vietnam.

Article 9.- Conditions on age and curricula

1. For Vietnamese pupils studying abroad then going home to study, they may be one year older than the age prescribed for each educational level.

2. Curricula:

a/ The overseas curricula must have contents equivalent to those of Vietnam's education programs in terms of study subjects being natural sciences. For study subjects being social sciences and humanities, pupils must be complemented with knowledge appropriate to Vietnam's educational programs.

b/ For pupils who have not yet finished the curriculum of a grade abroad before going home and applying for continued study at the equivalent grade in junior or senior secondary schools in Vietnam, they must be tested by the admitting schools according to the level of the curriculum prescribed for such grade.

c/ For pupils wishing to study at specialized schools (boarding general schools for ethnic minority pupils, specialized schools or gifted pupils' schools), they shall comply with the regulations of such specialized schools.

Article 10.- Pupils' dossiers

1. The study application signed by the pupil's father, mother or guardian.

2. The study dossier consists of:

a/ The study result register (the original and its Vietnamese translation).

b/ The certificate of graduation from the lower grade or educational level in the foreign country (the original and its Vietnamese translation).

c/ The diploma of the lower educational level completed in Vietnam before going abroad (if any).

d/ The birth certificate copy (also required for pupils born abroad).

e/ The household registration book or the long-term temporary residence certificate of the father, mother or guardian.

Article 11.- Admittance procedures

1. The provincial-level Education and Training Services (for the senior secondary education level), the district-level Education and Training Sections (for the junior secondary education level) shall receive and check dossiers before introducing the pupils concerned to schools.

2. For pupils mentioned at Point b, Clause 2, Article 9 of this Regulation, the schools shall organize tests of their qualification. For study subjects included in Vietnam's educational program, which the pupils have not yet studied, they shall have to learn the contents of such study subjects and be tested after completing the learning courses.

Chapter IV

CONDITIONS AND PROCEDURES FOR ADMITTANCE OF FOREIGN PUPILS

Article 12.- Categories of foreign pupils

Foreign pupils who shall be considered and admitted to Vietnamese secondary schools include:

1. Pupils eligible for scholarships under the treaties or agreements between the Socialist Republic of Vietnam and foreign countries or international organizations.

2. Pupils studying in Vietnam on their own funding under training contracts between Vietnamese educational establishments and foreign organizations or individuals.

3. Pupils accompanying their fathers, mothers or guardians residing and working in Vietnam.

Article 13.- Diploma conditions

Foreign pupils wishing to study at junior or senior secondary schools must have graduation certificates equivalent to Vietnam's diplomas as prescribed in Vietnam's Education Law for each educational grade or level.

Article 14.- Health and age conditions

1. Health conditions

a/ Pupils must undergo health checks before being admitted to schools.

b/ For those who suffer from social diseases or dangerous contagious diseases s prescribed by the Vietnamese Health Ministry, they shall be sent back home immediately.

c/ For those suffer from common diseases, they must be treated for three months. If their health remains poor, they shall be also sent back home.

2. Age conditions

Foreign pupils may be one year older than the age group prescribed for each educational level in the year they apply for study in Vietnam

Article 15.- Pupils' dossiers

Pupils must have full dossiers in Vietnamese, including:

1. The study application, signed by the pupil's father, mother or guardian.

2. The resume.

3. Copies and their Vietnamese translations of necessary certificates as prescribed in Article 13 of this Regulation (notarized or certified by competent bodies of the country which sends the pupil for training).

4. The study result register.

5. The health certificate (issued by the competent medical agency of the country which sends the pupil for training within 6 months before he/she enters Vietnam).

6. Photos of 4 cm x 6 cm size (taken within 6 months before the submission of dossiers).

Article 16.- Admittance procedures

1. For pupils mentioned in Clause 1, Article 12 of this Regulation: The procedures prescribed by the signed agreements shall apply.

2. For pupils mentioned in Clauses 2 and 3, Article 12 of this Regulation: The provincial-level Education and Training Services (for the senior secondary education level), or the district-level Education and Training Sections (for the junior secondary education level) shall receive and check the dossiers, then introduce the pupils to schools.

Article 17.- Financial regimes

The criteria and regimes for ensuring the pupils' living, study, insurance and medical examination and treatment, air fares for trips to Vietnam and back home (including the cases of returning home before schedule for any reasons) and other financial sums related to pupils shall be settled under the treaties, agreements or training contracts already signed or paid for by the pupils' fathers, mothers or guardians at the levels prescribed for each category of foreign pupils in Clauses 1, 2 and 3, Article 12 of this Regulation.

Article 18.- Training duration

The training duration for foreign pupils studying at junior and senior secondary schools in Vietnam shall be the same as prescribed by the Education Law for Vietnamese citizens.

Article 19.- Learning language

1. During their study at Vietnamese secondary schools, foreign pupils shall learn study subjects in Vietnamese as for Vietnamese pupils.

2. Pupils who do not know Vietnamese yet must attend the preparatory Vietnamese language-training courses and be tested of their Vietnamese proficiency before following the formal programs. The preparatory training duration shall be determined on the basis of the Vietnamese language requirements for each educational level and each category of pupils but must not exceed one school year.

3. Foreign pupils may select to study a foreign language included in curricula and other than the language they are using.

Article 20.- Responsibilities and rights of foreign pupils studying in Vietnam

1. To abide by the laws of the Socialist Republic of Vietnam, to respect Vietnamese practices and customs.

2. To observe the Charters of secondary schools, the rules on study and daily-life activities.

3. To enjoy the rights like Vietnamese pupils as prescribed in the Charter of secondary schools.

4. To be commended and/or rewarded, and disciplined according to the Charter of secondary schools and the Vietnamese law.

Chapter V

OTHER PROVISIONS

Article 21.- Implementation responsibilities

1. The directors of provincial-level Education and Training Services shall base themselves on the practical requirements and conditions of their localities' education to consider and issue guidelines and necessary additional regulations in order to well organize the school change, notify them widely to schools as well as pupils' parents, with a view to ensuring the legitimate study rights of pupils and at the same time preventing any possible negative phenomena.

2. School principals shall have to:

a/ Strictly implement the regulations on subjects, dossiers and procedures for the pupils' school change, admittance of Vietnamese pupils living abroad then returning home, and of foreign pupils to study in Vietnam.

b/ Refrain from forcing or suggesting pupils of their schools to change to other schools for any reasons.

c/ Implement the regime of reporting to the provincial-level Education and Training Services (for the senior secondary education level), or the district-level Education and Training Sections (for the junior secondary education level) on the pupils' school change and admittance of Vietnamese pupils living abroad then going home, and foreign pupils to study in Vietnam.