Thông tư 03/2014/TT-BGDDT

CIRCULAR

PROMULGATING THE REGULATION ON MANAGEMENT OF FOREIGNERS STUDYING IN VIETNAM

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 32/2008/ND-CP of March 19, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

At the proposal of the director of the Vietnam International Education Development Department;

The Minister of Education and Training promulgates the Circular promulgating the Regulation on management of foreigners studying in Vietnam.

Article 1. To promulgate together with this Circular the Regulation on management of foreigners studying in Vietnam.

Article 2. This Circular takes effect on April 11, 2014, and replaces Decision No. 33/1999/QD-BGDDT of August 25, 1999, promulgating the Regulation on the work of foreigners studying in Vietnam.

Article 3. The director of the Office, the director of the Vietnam International Education Development Department, heads of the concerned units of the Ministry of Education and Training, heads of educational institutions; concerned organizations and individuals shall implement this Circular.

REGULATION

ON MANAGEMENT OF FOREIGNERS STUDYING IN VIETNAM
(Promulgated together with the Minister of Education and Training’s Circular No. 03/2014/TT-BGDDT of February 25)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation prescribes the management of foreigners studying in Vietnam, covering conditions for and order of reception of foreign students; training and management of foreign students; interests and responsibilities of foreign students; the acceptance of foreign students for training and service.

Article 2. Subjects of application

This Regulation prescribes the management of foreigners studying at educational institutions of the national education system of Vietnam, including primary school, lower secondary school, upper secon dary school, and professional secondary school students; college and university students; students of master degree training programs; doctorate students; trainees of refresher courses; and apprentices (below collectively referred to as foreign students).

Article 3. Interpretation of terms

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

1. Foreign students under agreements are foreign students who are accepted to study in Vietnam and granted scholarships by the Vietnamese Government under accords or agreements between the Socialist Republic of Vietnam and other countries, territories or international organizations;

2. Scholarship-receiving foreign students are foreign students other than the subjects defined in Clause 1 of this Article who are granted scholarships by organizations or individuals to study in Vietnam;

3. Self-financing foreign students are foreign students who are accepted to study in Vietnam under agreements or training contracts between Vietnamese educational institutions and foreign organizations or individuals or overseas Vietnamese and whose study and training expenses are not covered by scholarships like the subjects defined in Clauses 1 and 2 of this Article.

4. Educational institutions accepting foreign students for training include general education institutions, vocational education institutions and higher education institutions.

5. Foreign student-servicing establishments mean boarding institutions that are permitted to admit foreign students during their study courses in Vietnam.

Article 4. Languages used in education

1. Vietnamese is the official language used in Vietnamese national educational institutions.

2. Foreign students may use other languages permitted to be used in training by educational institutions in their study, research and practice activities.

Chapter II

CONDITIONS AND ORDER FOR RECEPTION OF FOREIGN STUDENTS

Article 5. Conditions on academic or professional knowledge

1. Foreign students to be admitted in upper secondary education, professional secondary education, collegial, university, master or doctorate programs must possess graduation diplomas at least equal to the Vietnamese graduation diplomas prescribed in the Education Law for each educational grade and training level.

2. Foreign students who come to study in Vietnam must satisfy the Vietnamese language command requirement for each training level or program.

3. Foreign students who register to use other languages permitted to be used in training by educational institutions in their study, research and practice activities must satisfy the requirement of command of those languages under each program’s specific regulations. Foreign students who are native speakers (of the languages used in study, research and practice activities) or have graduated from general education schools, colleges, universities or master or doctorate programs in those languages may be exempted from the language requirement.

4. Foreign students to be admitted in refresher courses for improvement of their professional skills must satisfy all conditions and criteria agreed upon by Vietnam and the sending parties or under signed training contracts.

5. Foreign students who come to practice their specialties must satisfy all conditions on academic or professional knowledge set by practice trainee- receiving institutions.

6. Foreign students who wish to study majors requiring talents and aptitude (culture, arts, fine arts, architecture, sports and physical training), in addition to the conditions prescribed in this Article, must also satisfy the requirements of talent or aptitude examinations or contests as prescribed by receiving institutions.

Article 6. Health and age conditions

1. Foreign students must have good health to study in Vietnam. After arriving in Vietnam, foreign students shall have health check-ups at health establishments designated by Vietnamese educational institutions or foreign student-servicing institutions. In case a foreign student is affected by a social disease or dangerous contagious disease as prescribed by the Health Ministry of Vietnam or fails to meet the health conditions for study, he/she must return to his/her home country.

2. Condition of age for foreign students under agreements complies with the agreements or accords between Vietnam and other countries, territories or international organizations. No restriction on the age of other scholarship- receiving foreign students and self-financing foreign students.

Article 7. Condition of dossiers

A foreign student shall submit one set of dossier in Vietnamese or English, comprising:

1. A registration form (Appendix I).

2. Copies and translations of diplomas and education results certified or notarized by competent agencies of the sending country under regulations for each education grade or training level.

3. Health certificate granted by the competent health institution of the sending country or the Vietnamese provincial-level or central health institution within six months before the date of dossier submission.

4. A valid copy of certificate of Vietnamese language command granted by the competent educational institution or international certificate of command of the language permitted for use in Vietnam for study (if any).

5. Copies of documents proving the financial capability for study, research and daily-life activities in Vietnam.

6. A tentative research plan (for doctorate candidates) or a practice program (for practice trainees).

7. Letters of introduction by two scientists having a Ph.D degree in the same field of research (for doctorate candidates).

8. Valid copies of documents and certificates of aptitude, professional knowledge and research achievements (if any).

9. A copy of the passport which is valid for the whole study duration in Vietnam or at least one year from the date expected to be in Vietnam.

Article 8. Order for reception

1. For foreign students receiving scholarships under agreements:

a/ Before June 15 every year, the sending countries shall send the list of foreign students and their registered study majors, enclosed with their dossiers as prescribed in Article 7 of this Regulation, to the Ministry of Education and Training;

b/ Before August 1 every year, the Ministry of Education and Training shall complete the reception of foreign students, consider and approve their dossiers and send its replies to the sending countries;

c/ Foreign students at university level shall enroll in Vietnamese educational institutions before September 5 every year; foreign students to be admitted as master or doctorate candidates or practice trainees shall enroll according to notices of Vietnamese educational institutions assigned by the Ministry of Education and Training to receive foreign students.

2. For other scholarship-receiving foreign students and self-financing foreign students who come to Vietnam for study, research or practice at different levels in the national educational system, the reception shall comply with the agreements or training contracts between educational institutions and foreign students or institutions and individuals that grant scholarships to such foreign students.

Chapter III

TRAINING AND MANAGEMENT OF FOREIGN STUDENTS

Article 9. Pre-enrolment study

1. Foreign students who are not influent in Vietnamese to follow an official training program in Vietnamese shall take a pre-enrolment Vietnamese training course. The Ministry of Education and Training shall arrange foreign students under agreements to study at institutions offering pre-enrolment Vietnamese training. Institutions that accept other scholarship- receiving and self-financing foreign students for training may organize pre- enrolment Vietnamese training programs for foreign students or send foreign students to institutions offering pre-enrolment Vietnamese training.

Further studies to gain specialized knowledge required for the admission to master or doctorate level (if necessary) are organized for foreign students for one academic year at most by educational institutions accepting them for training after they complete a pre-enrolment Vietnamese training course.

2. The duration of pre-enrolment Vietnamese training for foreign students under agreements complies with the agreements or accords between Vietnam and foreign countries, territories or international organizations; for other scholarship-receiving and self-financing foreign students, that duration complies with training contracts.

3. After completing the pre-enrolment course, foreign students shall take a test of Vietnamese skills. If passing the test, they may be shifted to the official study program; if failing the test, they shall continue further studies and take another test until they pass and may be granted a certificate to be shifted to the official training program.

Article 10. Immediate enrolment in official programs

1. Foreign students who have the required certificate of Vietnamese skills, foreign students who have graduated from general education levels, professional secondary education, college, university, master or doctorate level in Vietnamese and satisfy all the conditions on health and age, academic or professional knowledge prescribed in Articles 5 and 6 of this Regulation may be enrolled in the official training program.

2. Foreign students who satisfy the required skills in the language to be used by the training program and satisfy all conditions on academic or professional knowledge, health and age prescribed in Articles 5 and 6 of this Regulation may be enrolled in the official training program.

Article 11. Non-compulsory subjects for foreign students

1. Foreign students who are admitted in professional secondary, college, university, master or doctorate programs may be exempted from foreign language standards applicable to Vietnamese citizens following corresponding training programs in Vietnamese.

In the course of training, heads of educational institutions shall consider teaching foreign students in advanced Vietnamese instead of foreign languages.

2. Foreign students to be admitted in professional secondary, college or university programs may be exempted from the subject of defense-security education and select one of substitute subjects including advanced Vietnamese, Vietnamese culture, history of Vietnam or another optional subject decided by heads of educational institutions based on their institutions’ practical conditions.

3. Clause 2 of this Article does not apply to foreign students who are accepted to study defense-security majors.

Article 12. Training duration and changes during training process

1. Study duration to get degrees, diplomas, certificates

a/ The study duration at all educational grades and training levels shall comply with the Education Law, the Law on Tertiary Education and relevant current legal documents;

b/ The duration of refresher courses for professional skill improvement and duration of practice for practice trainees comply with agreements between Vietnam and the sending parties.

2. Shortening or prolongation of study duration

a/ Foreign students may shorten their training duration but shall complete contents of training programs under current regulations;

b/ Foreign students under agreements may not prolong their duration of study or research at their own will. If it is necessary to prolong the duration for completing training programs, including the pre-enrolment duration, foreign students shall report to the sending parties, heads of the educational institutions where they are studying for proposals and get written approval of the Ministry of Education and Training;

c/ For other scholarship-receiving and self-financing foreign students, the prolongation of the study duration complies with agreements with educational institutions where foreign students are studying.

3. Temporary suspension of study

a/ Foreign students under agreements may temporarily suspend their study for at least one academic year if their plausible reasons are accepted by the sending parties and educational institutions and approved in writing by the Ministry of Education and Training.

b/ The duration of temporary suspension of study of other scholarship- receiving and self-financing students complies with agreements with educational institutions.

4. Change of study major or educational institutions

a/ Foreign students under agreements may not change their study majors or educational institutions. Foreign students may change their study majors or educational institutions only when the sending parties or educational institutions send their written consents to the Ministry of Education and Training which shall later issue decisions to permit the change. The change of study majors or educational institutions may be done only once and applicable only to foreign students of college or higher level.

b/ The change of study majors or educational institutions by other scholarship-receiving foreign students and self-financing foreign students complies with agreements with educational institutions.

Article 13. Training expenses

1. For foreign students under agreements

a/ Training criteria, regimes and expenses comply with current regulations of the Ministry of Finance and the agreements or accords between Vietnam and sending parties;

b/ Foreign students who have to prolong their study duration to complete training programs for the reason of change of study majors or educational institutions due to the failure to meet the required study progress may no longer enjoy the current scholarships during the prolonged duration. All expenses for the study duration prolongation shall be paid by the sending parties and foreign students;

c/ Foreign students who temporarily suspend their study may not enjoy the current scholarships during the temporary suspension duration. After the duration of temporary suspension of study, foreign students who are qualified for being admitted to educational institutions may continue enjoying such scholarships. The total duration of reception of scholarships complies with Article 12 of this Regulation.

2. For other scholarship-receiving foreign students

Training expenses for scholarship-receiving foreign students comply with the agreements or training contracts signed between scholarship- granting organizations or individuals or foreign students themselves and educational institutions.

3. For self-financing foreign students

Tuition fee levels for self-financing foreign students comply with training contracts between educational institutions and foreign students. Foreign students must cover by themselves all other expenses arising during their study in Vietnam.

Article 14. E-database system for management of foreign students

Foreign students shall register and update adequate and accurate information to the e-database system for the management of foreign students at http://lhsnn.vied.vnn within 30 days after their arrival in Vietnam for admission, and update information annually or when there are changes.

Article 15. Reporting regime

Educational institutions shall send reports on the admission of foreign students for training (according to the form provided in Appendix II) to the Ministry of Education and Training (the Vietnam International Education Development Department) before January 15 every year (by post and data file to the address lhsnn@vied.vn) for joint coordination in monitoring and management; and urge foreign students accepted by institutions to register and update information to the e-database system for management of foreign students specified at Article 14 of this Regulation.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF FOREIGN STUDENTS

Article 16. Rights of foreign students

1. To be treated equally like Vietnamese citizens.

2. To be provided with adequate information to serve their study according to the conditions of educational institutions and foreign student- servicing establishments;

3. To have access to equipment and facilities to serve their study, cultural, sport and physical training activities in educational institutions and foreign student-servicing establishments.

4. To participate in cultural, artistic, sport and physical training activities organized for foreign students by educational institutions and foreign student-servicing establishments.

5. To participate in scientific research activities organized by educational institutions like Vietnamese citizens.

6. To sit exams, take tests, defend graduation theses, receive graduation certificates or diplomas.

7. To return to their home countries for summer vacations and holidays; to invite their relatives to visit Vietnam under Vietnamese regulations; to take annual leave or sick leave or leave for medical treatment when obtaining educational institutions’ approval.

8. Foreign students under agreements may receive scholarships and other entitlements under the agreements or accords between Vietnam and their sending countries and current regulations of Vietnam.

9. Foreign students of the same country, studying at the same educational institution or living in the same dormitory may appoint their representatives to manage all activities of foreign students of their country and to act as liaisons with educational institutions or foreign student- receiving establishments in order to settle matters relating to their country’s foreign students.

Article 17. Responsibilities of foreign students

1. To abide by laws of the Socialist Republic of Vietnam.

2. To respect the Vietnamese customs and traditions.

3. To observe the Regulation on management of foreigners studying in Vietnam, training regulations, school rules on each education grade or training level promulgated by Vietnam’s Ministry of Education and Training; regulations and internal rules on study and daily-life activities prescribed by educational institutions or foreign students-serving establishments.

4. To update adequate information or report to the e-database system for management of foreign students as prescribed in Article 14 of this Regulation.

5. To observe the regulation on foreign workers in Vietnam in case foreign students work or perform part-time jobs in Vietnam.

6. To strictly observe regulations and purposes of entering Vietnam for study.

7. To maintain friendly relations with Vietnamese citizens as well as with students from other countries.

8. To preserve and protect the property of the educational institutions and foreign students-servicing establishments.

Chapter V

ADMISSION OF FOREIGN STUDENTS FOR TRAINING AND SERVICE

Article 18. Responsibilities of units of the Ministry of Education and Training

1. The International Cooperation Department shall assume the prime responsibility for, and coordinate with the Vietnam International Education Development Department and related agencies, in preparing and completing procedures for the signing of cooperation agreements or accords on the admission of foreign students in Vietnam.

2. The Vietnam International Education Development Department shall:

a/ Receive and hand dossiers of foreign students to educational institutions and foreign students-serving establishments which admit foreign students for training and management under agreements or accords with countries, territories and international organizations;

b/ Assume the prime responsibility for, and coordinate with relevant agencies in, formulating policies and regimes supporting foreign students;

c/ Coordinate with Vietnam-based foreign representative agencies and Vietnamese representative agencies abroad in receiving and managing foreign students;

d/ Examine and supervise the admission of foreign students for training and management by educational institutions and foreign students-receiving establishments to summarize and report on foreigners studying in Vietnam.

3. All departments, the Inspectorate, the Ministry’s Office shall coordinate with the Vietnam International Education Development Department and the International Cooperation Department in settling matters related to foreigners studying in Vietnam according to assigned functions and tasks.

Article 19. Responsibilities of institutions which admit foreign students for training and service

1. Institutions which admit foreign students for training and service shall manage foreign students during their stay in Vietnam; coordinate with competent agencies in settling matters related to foreign students during their stay in Vietnam.

2. Responsibilities of educational institutions which admit foreign students for pre-enrolment training in Vietnamese:

a/ To elaborate programs, plans, conversation Vietnamese teaching materials, Vietnamese language for different groups of training majors, levels and foreign students;

b/ To coordinate with educational institutions designated by the Ministry of Education and Training in organizing tests of their Vietnamese skills upon the completion of the pre-enrolment training programs and granting certificates of Vietnamese skills to foreign students who have passed such tests;

c/ To closely coordinate with relevant educational institutions in transferring foreign students who have completed pre-enrolment programs to official training programs;

d/ To report to the Ministry of Education and Training on the transfer, study and practice results of foreign students at the end of the pre-enrolment training programs.

3. Responsibilities of educational institutions which admit foreign students under agreements for official training programs:

a/ To ensure training programs, plans, contents and quality; to arrange classrooms and tutors; to monitor and manage the study and research; to grant graduation diplomas or certificates according to their competence; to propose the Ministry of Education and Training to adjust general provisions on foreign student training programs in case of necessity;

b/ To coordinate with educational institutions which undertake pre- enrolment training for foreign students and educational institutions designated by the Ministry of Education and Training in organizing tests of their Vietnamese skills before admitting them in official study courses when necessary;

c/ To report on study situation and study and practice results of foreign students at the end of each academic year and every semester to the Ministry of Education and Training.

4. Responsibilities of educational institutions which admit self-financing foreign students for training