Thông tư 55/2020/TT-BTC

CIRCULAR

PROVIDING GUIDELINES ON MANAGEMENT OF FUNDING FOR TRAINING FOREIGN STUDENTS STUDYING UNDER LEARNING AGREEMENTS IN VIETNAM

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Government’s Decree No. 163/2016/ND-CP dated December 21, 2016 elaborating and providing guidelines on the Law on State Budget;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 on functions, duties, powers and organizational structure of the Ministry of Finance;  

At the request of the Director of the Department of Public Expenditure;

The Minister of Finance hereby promulgates a Circular providing guidelines on management of funding for training foreign students studying under learning agreements in Vietnam.

Article 1. Scope and regulated entities

1. Scope

This Circular provides guidelines for management of funding for training foreign students sent to study in Vietnam by foreign governments under learning agreements between the State or Government of Socialist Republic of Vietnam and the State or Government of another country (hereinafter referred to as “foreign students under agreements”).

2. Regulated entities

a) This Circular is applicable to educational institutions in Vietnam training foreign students under agreements; foreign students under agreements and relevant organizations and individuals.

b) This Circular is not applicable to Laos’s students and Cambodian students sent to study in Vietnam under agreements between the Government of Socialist Republic of Vietnam and the Government of Laos and the Government of Cambodia.

Article 2. Definitions

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

1. “learning agreement” means a written agreement on education and training concluded in the name of the State or Government of Socialist Republic of Vietnam with foreign signatories which creates, changes or terminates rights or obligations of the Socialist Republic of Vietnam governed by international laws, regardless of whatever its particular designations including, inter alia, treaty, convention, pact, covenant, protocol, understanding and exchange of notes.

2. “educational institution in Vietnam training foreign students under an agreement” means an educational institution that operates lawfully in Vietnam and is assigned the task of training foreign students under an agreement by the competent authority (hereinafter referred to as “educational institution”).

3. “foreign students under agreements” refers to foreigners permitted to study in Vietnam and awarded a scholarship by the Vietnamese Government under conventions to which Vietnam is a signatory, including undergraduate students, graduate students, fellows, foreign students learning Vietnamese to take undergraduate and graduate admission tests, foreign students taking training and refresher courses of under 12 months.

Article 3. Rules of management of funding for training foreign students under agreements

1. Sources of funding for training foreign students under agreements comprise:

a) State budget (budget for education - training and vocational training expenditures from central and local government budgets) allocated to educational institutions according to regulations of the Law on State Budget;

b) Revenues from professional operation of educational institutions;

c) Sponsorships and assistance from domestic and foreign organizations and individuals; private capital, lawfully mobilized capital and other revenues per regulations of laws of educational institutions.

2. Expenditure items in training foreign students under agreements include:

a) Educational institutions shall spend the funding provided for in Point a Clause 1 Article 3 herein on training foreign students under agreements; initial expenses upon the students' arrival in Vietnam; and monthly living allowances (scholarships) of the students during the period in which they officially study in Vietnam.

b) Educational institutions are encouraged to spend the funding provided for in Points b and c Clause 1 Article 3 herein on training foreign students under agreements.

3. For foreign students under agreements who do not study in Vietnam on a long-term basis, training expenditure rate  is calculated based on the number of months and days (if under one month) in which these students actually study in Vietnam.

4. Educational institutions shall manage and use funding for the intended purpose, in an efficient and transparent manner and in compliance with requirements.

5. Calculation of estimates and use and settlement of funding for training foreign students under agreements shall adhere by regulations of laws.

Article 4. Expenditures on training foreign students under agreements

1. Expenditure items in training foreign students under agreements include:

a) Recurrent expenditures, consisting of teaching and learning expenses, including costs of document interpretation/translation (if any), field trip costs from short-term refresher courses (if any) and housing costs for foreign students under agreements.

b) One-time expenses, comprising costs of teaching and practice equipment and daily living equipment for foreign students under agreements in the dormitory; field trip costs; admission costs; costs of end-of-course summary and thesis defense; souvenir costs; costs of picking up and seeing off foreign students under agreements at international airports in Vietnam.

c) Other costs, including medical insurance for foreign students under agreements while they study in Vietnam (medical insurance contribution rate is provided for by regulations of laws on medical insurance for students); costs of general health check at the beginning of the course and costs of annual general health check; costs of celebrating the independence days of Vietnam and of the students’ home country.

2. Levels of expenditures on training foreign students under agreements:

a) Teaching Vietnamese to foreign students under agreements taking undergraduate or graduate admission tests: VND 2.576.000/student/month;

b) Provision of undergraduate and graduate programs per regulations of laws on education - training: VND 2.576.000/student/month;

c) Refresher and training courses of under 12 months: VND 5.485.000/student/month;

d) Educational institutions of national defense and security, cryptography, sports, culture and arts may receive an additional 10% of the funding allocated to programs corresponding to those mentioned in Points b and c Clause 2 Article 4 of this Circular.

3. Specific expenditure rates of the expenditure items listed in Clause 1 Article 4 of this Circular shall be applied based on levels of expenditures of educational institutions (if any) in compliance with regulations of laws; if there is no specific level of expenditure, educational institutions may use their funding independently. Total expense shall not exceed the levels of expenditures stated in Clause 2 Article 4 of this Circular.

4. In case an educational institution is incapable of providing meals and accommodations for its foreign students under agreements, it shall negotiate and sign contracts with providers based on the levels of expenditures stated in Clause 2 Article 4 herein to ensure meals and accommodations for the students.

Article 5. Payment for initial expenses for foreign students under agreements

1. Initial expense items consist of:

a) Foreign students under agreements are entitled to a lump sum payment for initial expenses in cash upon their admission to buy personal items necessary for learning and living in Vietnam. Educational institutions shall provide this payment for the students directly.

b) Foreign students under agreements who have received the payment for initial expenses when they come to Vietnam to learn Vietnamese to take admission tests are not eligible for this payment when they are officially admitted.

2. Levels of payments for initial expenses:

a) Foreign undergraduate and graduate students and foreign students under agreements learning Vietnamese to take undergraduate or graduate admission tests: VND 4.480.000/student/month;

b) Foreign students under agreements taking refresher and training courses of under 12 months: VND 3.580.000/student/month;

c) Foreign students under agreements of national defense and security and cryptography studies are entitled to VND 55.000/student/month to make up for differences in military equipment.

Article 6. Living allowances for foreign students under agreements

1. Living allowance items comprise:

Foreign students under agreements are entitled to living allowances (scholarships) to cover living and learning costs for 12 months/year during the time they officially study in Vietnam. Educational institutions shall provide such allowances for the students directly.

2. Levels of living allowances:

a) Foreign undergraduate students under agreements: VND 3.630.000/student/month;

b) Foreign graduate students under agreements: VND 4.110.000/student/month;

c) Foreign students under agreements taking refresher and training courses of under 12 months: VND 4.820.000/student/month;

d) Foreign students under agreements learning Vietnamese to take undergraduate admission tests: VND 2.460.000/student/month;

dd) Foreign students under agreements learning Vietnamese to take graduate admission tests: VND 2.900.000/student/month;

Article 7. Effect

1. This Circular comes into force from July 30, 2020.

2. Circular No. 133/2008/TT-BTC dated December 31, 2008 by the Ministry of Finance providing guidelines on training expense ratio for foreign students (under agreements) studying in Vietnam’s universities is annulled from the date this Circular comes into force.

3. During implementation of this Circular, any difficulty arising should be promptly reported to the Ministry of Finance for consideration and resolution./.