Quyết định 77/2007/QD-BGDDT

DECISION

PROMULGATING THE REGULATION ON ORDER OF AND PROCEDURES FOR RECOGNIZING DIPLOMAS GRANTED TO VIETNAMESE BY FOREIGN EDUCATIONAL INSTITUTIONS

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
Pursuant to the Governments Decree No. 85/2003/ND-CP of July 18, 2003, defining the Junctions, tasks, powers and organizational structure of the Ministry of Education and Training;
Pursuant to the Governments Decree No. 75/ 2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Education Law;
At the proposal of the director of the International Cooperation Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on order of and procedures for recognizing diplomas granted to Vietnamese by foreign educational institutions.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO. Previous regulations which are contrary to this Decision are all annulled.

Article 3. The director of the Office, the director of the International Cooperation Department and heads of units under the Ministry of Education and Training, directors of provincial/municipal Education and Training Services, and concerned organizations and individuals shall implement this Decision.

REGULATION

ON ORDER OF AND PROCEDURES FOR RECOGNIZING DIPLOMAS GRANTED TO VIETNAMESE BY FOREIGN EDUCATIONAL INSTITUTIONS
(Promulgated together with the Education and Training Ministers Decision No. 77/2007/QD-BGDDT of December 20, 2007)

Chapter 1.

GENERAL PROVISIONS

Article 1. Governing scope and objects of application

1. This Document provides for the order of and procedures for recognizing diplomas granted to Vietnamese by foreign educational institutions.

2. This Document governs diplomas of graduation from, or certificates of completion of educational programs of, different general-education levels; diplomas of graduation from professional secondary schools; college graduation diplomas; university graduation diplomas; master diplomas; and doctoral diplomas (below collectively referred to as diplomas) which are granted to Vietnamese by foreign educational institutions.

3. This Document does not apply to study-result certificates granted by foreign educational institutions to Vietnamese after they have completed part of a training program or a short-term training or a short-term training course.

Article 2. Foreign educational institutions

Foreign educational institutions mentioned in this Document include:

1. Foreign educational institutions lawfully operating in Vietnam.

2. Educational institutions lawfully operating in foreign countries.

Article 3. Recognition of diplomas granted to Vietnamese by foreign educational institutions

1. Diplomas granted to Vietnamese by foreign educational institutions shall be recognized in the following cases:

a/ Diplomas are granted by foreign educational institutions which are lawfully operating in Vietnam, carrying out educational activities under their licenses and have their quality accredited by Vietnamese or foreign education quality accreditation organizations;

b/ Diplomas granted by foreign educational institutions are governed by agreements on equivalence of diplomas or mutual recognition of diplomas or diploma-related treaties which the Socialist Republic of Vietnam has signed or acceded to;

c/ Diplomas granted by general education institutions, professional secondary schools or tertiary education institutions of foreign countries for educational programs which have been accredited by education quality accreditation bodies of those countries or which have been established and allowed to grant diplomas under licenses issued by competent educational bodies of those countries.

2. Diplomas granted by foreign educational institutions to distance learners may be recognized only when distance educational programs have been recognized by education quality accreditation bodies and when those institutions are licensed by the Vietnamese Ministry of Education and Training to provide training or joint training in Vietnam.

3. Diplomas specified at Point b, Clause 1 of this Article shall be recognized under the provisions of agreements on equivalence of diplomas or mutual recognition of diplomas or diploma-related treaties which the Socialist Republic of Vietnam has signed or acceded to. Holders of these diplomas are not required to carry out diploma recognition procedures under the provisions of this Document.

Article 4. Diploma-recognizing competence

1. Directors of provincial/municipal Education and Training Services shall recognize diplomas of graduation from different general-education levels.

2. The Director of the Examination and Education Quality Accreditation Department under the Ministry of Education and Training shall recognize diplomas of graduation from professional secondary schools, college diplomas, university diplomas, master diplomas and doctoral diplomas.

Chapter 2

DIPLOMA RECOGNITION ORDER, PROCEDURES AND APPLICATION DOSSIERS

Article 5. Diploma recognition order and procedures

1. For diplomas of graduation from different general-education levels:

a/ The diploma holder, his/her representative at law or authorized person who applies for recognition of diplomas granted by a foreign educational institution shall send two (02) sets of dossier specified in Article 6 of this Document to the provincial/ municipal Education and Training Service;

b/ After receiving a complete and valid dossier, the provincial/municipal Education and Training Service shall issue a receipt to the applicant (Form No. 2 enclosed with this Decision, not printed herein); if the dossier is sent by post, the date on postmark is used as the date of receipt of the dossier. Within 15 working days, the dossier-receiving agency shall consider and recognize diplomas of the applicant (Form No. 3 enclosed with this Decision, not printed herein). If diplomas are not recognized, the dossier-receiving agency shall give a written reply to the applicant.

2. For diplomas of graduation from professional secondary schools, college diplomas, university diplomas, master diplomas and doctoral diplomas:

a/ The diploma holder, his/her representative at law or authorized person who applies for recognition of diplomas granted by a foreign educational institution shall send two (02) sets of dossier specified in Article 6 of this Document to the Examination and Education Quality Accreditation Department (the Ministry of Education and Training);

b/ After receiving a complete and valid dossier, the Examination and Education Quality Accreditation Department (the Ministry of Education and Training) shall issue a receipt to the applicant (Form No. 2 enclosed with this Decision, not printed herein); if the dossier is sent by post, the date on postmark is used as the date of receipt of the dossier. Within 30 working days, the Examination and Education Quality Accreditation Department (the Ministry of Education and Training) shall coordinate with concerned units in considering and recognizing diplomas, of the applicant (Form No. 4 enclosed with this Decision, not printed herein). If diplomas are not recognized, the dossier-receiving agency shall give a written reply to the applicant.

Article 6. Diploma recognition application dossiers

1. A dossier of application for recognition of a diploma granted by a foreign educational institution comprises:

a/ A written application for diploma recognition (Form No. 1 enclosed with this Decision, not printed herein);

b/ One (01) copy of the diploma, enclosed with its Vietnamese translation authenticated by a competent agency;

c/ One (01) copy of the academic transcript given by the foreign educational institution, enclosed with its Vietnamese translation authenticated by a competent agency.

2. The documents specified in Clause 1 of this Article must be kept intact, neither be erased nor damaged due to weather- or climate-related factors or any other factors.

3. Apart from the documents specified in Clause 1 of this Article, the diploma holder shall enclose the dossier with relevant documents (if any) such as certification of the Vietnamese diplomatic mission in the host country; certification of the foreign educational institution where he/she has studied; the thesis and written certification that the thesis has been submitted to the Vietnam National Library (for doctoral diploma holders); a copy of the passport stamped with the date of entry or exit; and a document recognizing that the quality of the educational program or the diploma-granting educational institution has been accredited.

Article 7. Recognized diplomas

1. After recognized, diplomas granted by foreign educational institutions serve as a basis for testifying the training degrees of diploma holders so that they can continue studying in educational institutions within Vietnams national education system.

2. Diploma-recognizing documents are legally valid for diploma holders to use their diplomas in accordance with the Vietnamese law.

Chapter 3

ORGANIZATION OF IMPLEMENTATION

Article 8. Units under the Ministry of Education and Training and the Council for Diplomas and Certificates

1. The International Cooperation Department (the Ministry of Education and Training) shall regularly update information and publicize on the Education and Training Ministry s website agreements on equivalence of diplomas or mutual recognition of diplomas or diploma-related treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The Examination and Education Quality Accreditation Department (the Ministry of Education and Training) shall:

a/ Recognize educational diplomas granted to Vietnamese by foreign educational institutions under the provisions of this Document;

b/ Regularly update information and publicize on the Education and Training Ministry s website a list of foreign educational institutions with quality accredited by foreign education quality accreditation bodies.

3. The Professional Education Department, the Graduate and Postgraduate Department, the Organization and Personnel Department and the International Cooperation Department under the Ministry of Education and Training shall, within the ambit of their assigned state management functions and tasks, coordinate with the Examination and Education Quality Accreditation Department in considering and recognizing educational diplomas granted to Vietnamese by foreign educational institutions.

4. The Council for Diplomas and Certificates under the Ministry of Education and Training shall advise and assist the Minister of Education and Training in elaborating and implementing regulations on recognition of diplomas granted to Vietnamese by foreign educational institutions, and performing the state management of the recognition of diplomas granted to Vietnamese by foreign educational institutions.

Article 9. Provincial/municipal Education and Training Services

Provincial/municipal Education and Training Services shall recognize diplomas granted by foreign educational institutions according to regulations.

Before December 25 annually, provincial/municipal Education and Training Services shall report on diploma recognition work to the Examination and Education Quality Accreditation Department (the Ministry of Education and Training).

Chapter 4

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 10. Complaints and denunciations and settlement of complaints and denunciations

Complaints and denunciations and the settlement of complaints and denunciations regarding violations of law in diploma recognition comply with the law on complaints and denunciations.

Article 11. Handling of violations

Individuals who commit acts of violating the provisions of this Document shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations therefor in accordance with law.