Quyết định 05/2013/QD-TTg

DECISION

REGULATION ON OVERSEAS STUDY OF VIETNAMESE CITIZENS

Pursuant to the Law on Organization of the Government dated 25 December, 2001;

Pursuant to the Law on Education dated June 14, 2005; Law amending and supplementing a number of articles of the Law on Education dated November 25, 2009;

Pursuant to Decree No. 75/2006/ND-CP dated August 2, 2006 of the Government detailing and guiding a number of articles of the Law on Education; Decree No. 31/2011/ND-CP dated May 11, 2011 of the Government amending and supplementing a number of articles of Decree No. 75/2006/ND-CP dated August 2, 2006 of the Government detailing and guiding a number of articles of the Law on Education;

At the proposal of the Minister of Education and Training;

The Prime Minister has issues Decision stipulating the overseas study of Vietnamese citizens

Chapter 1.

GENERAL REGULATION

Article 1. Scope of adjustment

This Decision provides for the management of overseas study of Vietnamese citizens, management of overseas study consultation services, commendation and reward and handling of violations of overseas students, organization of sending or supply of overseas study consultation services for Vietnamese citizens studying abroad.

Article 2. Subjects of application

This decision applies to individuals and organizations as follows:

1. Vietnamese citizens studying abroad during 06 consecutive months or more;

2. Organization of sending or supply of overseas study consultation services for Vietnamese citizens studying abroad.

3. Vietnamese agencies and organizations in the country or abroad are responsible for management of Vietnamese citizens studying abroad.

Article 3. Explanation of terms

In this Decision, the terms bellows are construed as follows:

1. Vietnamese citizens studying abroad, including: Pupils, students, learners, research students, trainees and person attending the training and retraining of 06 consecutive months or more (hereinafter referred to as overseas student);

2. Scholarship overseas student is person who studies abroad and receives all or part of the costs of training, travel expenses, living expenses and other costs related to learning from one or more sources of funding sources as follows:

a) State budget through the ministries, sectors and People's Committees of centrally-affiliated provinces and cities, State agencies and enterprises;

b) Scholarships in the framework of agreement and cooperation agreement between Vietnam and foreign countries or international organizations;

c) Scholarships funded by foreign governments, territories, international organizations, non-governmental organizations or individuals through the Government of Vietnam.

3. Self-supported overseas student is the person studies abroad by the funding sources which are not the ones specified in Clause 2 of this Article;

4. Overseas study consultation services are activities: Introduction, consultation of information on school and courses in foreign countries; organization of advertising, conferences, seminars, fairs and exhibitions on overseas study; organization of student enrollment; training of knowledge of foreign languages, culture, and other skills necessary for Vietnamese citizens to study abroad; organization of overseas study for students or organization of visits to the training places for the students’ parents or guardian before they make decision on overseas study; organization of trips for students to foreign educational institutions when they are received; monitoring and support for students during the time of their studies abroad and other activities related to the sending of Vietnamese citizens abroad to study.

Chapter 2.

MANAGING VIETNAMESE CITIZEN STUDYING ABROAD

Article 4. Enrolment and sending Vietnamese citizens to study abroad

1. The Ministry of Education and Training shall implement the enrolment and send Vietnamese citizens abroad to study by the following funding sources:

a) Scholarships from the State budget under the schemes and projects approved by the Government and the Prime Minister;

b) Scholarship under Agreement and cooperation agreement between Vietnam and foreign countries or international organizations;

c) Scholarships funded by foreign governments, territories, international organizations, non-governmental organizations or individuals through the Government of Vietnam.

2. The ministries, ministerial-level agencies, the Government-affiliated agencies and People's Committees of centrally-affiliated provinces and cities shall make enrolment and send Vietnamese citizens abroad to study by the state budget after reaching agreement with the Ministry of Education and Training on the number, level and specialty for study.

3. Agencies and organizations sending Vietnamese citizens abroad to study, organization providing the overseas study consultation services and sending Vietnamese citizens who are self-supported overseas students to study abroad, sending or providing overseas study consultation services and sending Vietnamese citizens abroad to study under a written agreement with the student and performing the reporting regime as prescribed in Article 5 of this Decision.

Article 5. Reporting regime

1. Before 15^th date of January annually, organizations specified in Clauses 2 and 3, Article 4 of this Decision shall send reports on enrolling and sending Vietnamese citizens abroad to study to the Ministry of Education and Training; organizations of overseas study services shall send activity reports to the Service of Education and Training where their head offices are located at the same time to the Ministry of Education and Training for monitoring, management and summary of information to make a report to the Prime Minister.

2. Before 15^th date of February annually, the Ministry of Education and Training shall submit a report to the Prime Minister on the overseas study of Vietnamese citizens.

Article 6. System of electronic database and information registration of overseas students

1. The system of electronic database of overseas students developed and managed by the Ministry of Education and Training.

2. Agencies, organizations and individuals specified in Article 2 of this Decision shall provide information into the system of electronic database of overseas students.

3. Vietnamese citizens going to study abroad shall register information of overseas students into register students into the system of electronic database of overseas students right after arriving in foreign countries for study and update their information into the System upon changes.

4. The Ministry of Education and Training shall consider the recognition of equivalence of diplomas issued by foreign educational institutions on the basis of information provided by Vietnamese citizens studying abroad and registering into the system of electronic database of overseas student management.

5. Organizations responsible for management of Vietnamese students in the country and abroad, organizations providing the overseas study consultation services and sending overseas Vietnamese abroad for study are responsible for urging overseas students managed and sent abroad for study by themselves, and implementing the registration of overseas students’ information into the system of electronic database of overseas student management.

Article 7. Responsibilities of Vietnamese representative agencies in foreign countries.

The Vietnamese representative agency in foreign countries shall:

1. Support registration and protection of citizen for overseas students and promptly resolve issues about the rights and responsibilities of overseas students as prescribed;

2. Assist and encourage overseas students in learning, ethical training, political quality, preserve and contribute to the development of friendly relations between Vietnam and other countries; disseminate, guide and inspect the overseas students in the implementation of the policies of the Party, the State and the provisions of this Decision; political and ideological education, ensure organization activities of overseas students under the guidance of the Vietnamese political, political and social organizations.

3. Develop and expand the educational cooperation relation with educational institutions and governments of host countries; find and exploit other sources of scholarships for Vietnam; study the policies and education system of the host country to advise the Government and other agencies concerned in the development of Vietnamese education as well as send overseas students to study the specialty, area and level consistent with the training capacity of the host country and meet the needs of human resource development of Vietnam;

4. Annually make estimates and receive funds allocated to the overseas students (if any) and the funds to serve the student affairs of the Vietnamese representative offices abroad. Organize the allocation, use and settlement of funds promptly, in line with regulation and subjects as prescribed;

5. Open forum for the student affairs on the website of the Vietnamese representative agencies in foreign countries;

6. Prior to January 15, submit a report on the student affairs to the Ministry of Education and Training for summary and submission to the Prime Minister.

Article 8. Overseas student assistance fund

1. Overseas student assistance fund is established and operated in accordance with regulation of law on the organization and operation of social funds, charitable funds to support overseas students in their study and scientific research; encourage students to participate in joint activities organized by the Ministry of Education and Training and the Vietnamese representative agencies abroad; support overseas students the opportunity to study at the high quality training facilities; support awards and settlement of risks for overseas students.

2. Overseas student assistance fund is formed from the following sources:

a) Contribution from foreign and domestic organizations and individuals;

b) Income source from operations in accordance with the law;

c) Support from the state budget to carry out the tasks assigned by the competent State authorities;

d) Other lawful income sources.

3. Overseas student assistance fund is managed by the Ministry of Education and Training and is operating not for the purpose of profit, exempted from tax, has independent accounting and legal status and opens bank account.

Chapter 3.

MANAGEMENT OF OVERSEAS STUDY SERVICES

Article 9. Organization of overseas study consultation services

Organization of overseas study consultation services includes:

1. Enterprises established and operating under the provisions of the Enterprise Law with functions of overseas study consultation services;

2. Non-business organizations have functions to provide overseas study consultation services approved by the competent authority.

Article 10. Authority and conditions for granting Certificate of overseas study consultation services

1. The Service of Education and Training shall grant Certificate of overseas study consultation services operation registration to organizations registering activities of overseas study consultation services.

2. Organization of overseas study consultation services is granted the Certificate of overseas study consultation services operation registration upon meeting the following conditions:

a) Being established in accordance with regulation of law;

b) Having head office, facilities and equipment to meet the overseas study consultation services;

c) Having sufficient financial capacity to ensure the settlement of the cases of risk; having minimum deposit of VND 500,000,000 (five hundred million dong) in a commercial bank;

d) The head of the organization of overseas study consultation services and the staff directly giving advice on overseas study must have a university degree or higher, fluent in at least one foreign language and the certificate of oversea study consultation profession training granted by the Ministry of education and Training.

3. The organization of overseas study consultation services only provides overseas study consultation services from the time of being granted the Certificate of overseas study consultation services

4. The Service of Education and Training shall send the Ministry of Education and Training the List of organizations of overseas study consultation services certified for operating registration so that the Ministry of Education and Training can publish on the website of the Ministry of Education and Training.

Article 11. Dossier to request the granting of Certificate of overseas study consultation services operation registration

Dossier to request the granting of Certificate of overseas study consultation services operation registration includes:

1. Written request for a certificate in Form No. 01 in Appendix issued together with this Decision;

2. The operation scheme of the organization of overseas study consultation services with certification of the legal representative with the main contents include: objectives, operation content; facilities; financial capacity; background, and the capacity of the head and the consultation staff; ability to exploit and develop the overseas study services abroad; feasibility study on the performance of the organization; implementation plan, implementation measures; plans, processes of overseas study consultation services; plans of settlement upon problem of risk.

3. Valid copy of Business Certificate or Establishment Decision or License of Investment.

4. Resume of the head of the organization of overseas study consultation services operation with certification of the competent authority in Form 02 in the Appendix issued together with this Decision;

5. List of resume of the staff directly giving advice on overseas study including the following essential information: Full name, date of birth, gender, qualifications, foreign language, job position performed at the organization of overseas study consultation services;

6. A copy of the certificate of attendance of overseas study consultation profession training course of the head, the person performing the overseas study consultation at the organization of overseas study services.

Article 12. Order and procedures for registration and granting of Certificate of overseas study consultation services operation registration

1. Organization of overseas study consultation services shall submit a dossier to request the granting of Certificate of overseas study consultation services operation registration as specified in Article 11 of this Decision at the Service of Education and Training where the head office is located.

2. Within 25 working days after receiving complete and valid dossiers, the Service of Education and Training shall grant Certificate of overseas study consultation services operation registration in Form No. 03 in Appendix issued together with this Decision. In the absence of granting, there must be written reply clearly stating the reason.

Article 13. Responsibilities of organization of overseas study consultation services

1. Deploying activities within 60 days from the date of issuance of the Certificate of overseas study consultation services operation registration.

2. Taking responsibility before law and publicly providing information related to the training facility, status of inspection and recognition of the quality of training of the authorities of the host countries for people wishing to study abroad.

3. Actively coordinating with the agencies concerned to protect legitimate interests of overseas students.

4. Signing contract with the persons wishing to study abroad or their parents or legitimate guardian in the principle of agreement and voluntariness in which specifying interests, responsibilities and commitments of both parties.

5. Performing the reporting regime under instruction of the Ministry of Education and Training.

Article 14. Suspension of overseas study consultation services

1. The organization of overseas study consultation services shall be suspended from operation in the following cases:

a) Committing fraud in order to granted Certificate of overseas study consultation services operation registration.

b) Failing to ensure one of the conditions specified in Clause 2, Article 10 of this Decision;

c) Stopping operation for 06 consecutive months after being allowed for operation without notifying the agency which has granted the operation registration Certificate;

d) Violating regulations of law on education and being sanctioned administratively at a level of being suspended;

e) Leasing or lending the Certificate of overseas study consultation services operation registration;

g) Other cases prescribed by law.

2. Decision to suspend the operation for the operation of the organization of overseas study consultation services must be clearly identified by reasons for suspension, suspension period and measures to protect the interests of learners. The suspension decision must be made ​​public at least on 01 local newspaper where the organization of overseas study consultation services is located in 03 consecutive issues and on the website of the Ministry of Education and Training.

3. Organization of overseas study consultation services shall be allowed to operate again if meeting the conditions for overseas study operation. The decision to allow the organization of overseas study consultation services operate shall be published on at least 01 local newspaper where the organization of overseas study consultation services is located in 03 consecutive issues and on the website of the Ministry of Education and Training.

Article 15. Revocation of Certificate of overseas study consultation services operation registration

1. Certificate of overseas study consultation services operation registration shall be revoked in the following cases:

a) Organization of overseas study consultation services is dissolved in accordance with law;

b) During the period of suspension from operation, the organization of overseas study consultation services still continues to operate the overseas study consultation services;

c) Within 05 years from the date of issuance of the Certificate of overseas study consultation services operation, the organization overseas study services is suspensded from operation for the third time;

d) The time of suspend from the operation is over but the organization of overseas study consultation services does not meet the conditions for operation again.

e) Other cases prescribed by law.

2. Decision on revocation of Certificate of overseas study consultation services operation must be identified the reasons for revocation and measures to ensure interests of the learners and laborers. The Decision shall be published on at least 01 local newspaper where the organization of overseas study consultation services is located in 03 consecutive issues and on the website of the Ministry of Education and Training.

Article 16. Authority to suspend operation and revoke Certificate of overseas study consultation services operation

1. The Service of Education and Training has the authority to suspend operation and revoke Certificate of overseas study consultation services operation granted.

2. When finding that the organization of overseas study consultation services commits acts of violations, the Ministry of Education and Training shall require the Service of Education and Training to suspend operations of the organization of overseas study consultation services or revoke Certificate of overseas study consultation services operation granted.

Article 17. Training of overseas study profession.

1. The head and persons directly advicing the overseas study must be trained with the overseas study professions.

2. Ministry of Education and Training shall specify the program, content and form of training, testing, examination and granting of certificate of overseas study profession training.

Chapter 4.

COMMENDATION AND REWARD AND HANDLING OF VIOLATION

Article 18. Commendation and reward for overseas students

1. Self-supported overseas students at the training institutions recognized or tested quality by the competent authority of the host country registering the student information in accordance with Clause 3, Article 6 of Decision and having excellent achievements, learning outcomes, research shall be considered commendation and reward by the Ministry of Education and Training. The fund for commendation and reward is deducted from the overseas student assistance fund.

2. Scholarship overseas student completing academic program with excellent results before the prescribed time stated in the decision of the competent authority sending for study or during the studying abroad with outstanding achievements in learning and exempted and reduced tuition and granted with scholarship shall be considered commendation and reward by the Ministry of Education and Training. The fund for commendation and reward is deducted from the state budget.

3. Students with outstanding achievements in learning, scientific research and friendship activities, implementing the regulations of Vietnam and the host country with certification by the Vietnamese representative agencies abroad shall be considered a Certificate of merit as prescribed by law on emulation and commendation and reward.

4. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Education and Training to guide the regime of commendation and reward for overseas students.

Article 19. Handling violations for overseas students

1. Scholarship overseas students specified at Points a, b, Clause 2, Article 3 of this Decision if repeated, not completing the training program of the term and school year as required by the foreign institution or stopped providing scholarship by foreign party, then during the the time of repetition, study and examination again, these student shall not be eligible for scholarships from the state budget. The further offer of state scholarship is decided by competent person sending people abroad to study specified in Clauses 1 and 2, Article 4 of this Decision after the overseas students have satisfactory results of subjects to be studied and taken exam again or are offered futher scholarship.

2. Scholarship overseas students have to refund the scholarship and training costs in the following cases:

a) Failing to participate in the course after having enrolled and granted funding for training;

b) Intentionally dropping out of school or leaving school during the time to be sent for training;

c) Not being granted diploma, certificate of completion of the course, except in cases of force majeure;

d) Expelled from school or deported to the country;

e) Quitting job or intentionally resigning without serving full time in accordance with current regulations.

3. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Education and Training to guide the reimbursement of scholarships and training costs for the cases provided for in Clause 2 of this Article.

Article 20. Commendation and reward and handling of violations for organization sending Vietnamese citizens abroad to study, organization providing overseas study services and organization managing overseas students.

1. The organization sending Vietnamese citizens abroad to study, organization providing overseas study services and organization managing overseas students having achievements in the assistance, management of overseas students shall be considered commendation and reward as prescribed by law on emulation and commendation and reward;

2. The organization sending Vietnamese citizens abroad to study, organization providing overseas study services and organization managing overseas students violating the provisions in this Decision and other regulations of law, depending on the level of violation shall be handled as prescribed by law.

Chapter 5.

IMPLEMENTATION ORGANIZATION

Article 21. Responsibilities of Ministries and sectors.

1. Ministry of Education and Training is responsible for:

a) Developing and submitting to agencies having the authority to issue legal normative documents relating to the Vietnamese citizens going abroad to study;

b) Comprehensively inspecting and testing the operation of overseas study consultation services;

c) Assuming the prime responsibility and coordinating with the Ministry of Foreign Affairs and other ministries and sectors concerned to organization the overseas students management.

2. The Ministry of Foreign Affairs shall instruct Vietnamese representative agencies abroad to perform overseas student affairs as provided for in Article 7 of this Decision.

3. The Ministry of Finance is responsible for ensuring the balance of funds to implement the Schemes sending Vietnamese citizens abroad to study from the state budget or under the Agreement, the cooperation agreement between Vietnam and foreign countries or international organizations; coordinating with the Ministry of Education and Training to build the policies, regulations on supporting Vietnamese overseas students sent abroad to study from the state budget.

Article 22. Responsibilities of People's Committees of centrally-affiliated provinces and cities directly under the Central Government

1. Organizing the management and sending of Vietnamese citizens abroad to study under the authority.

2. Annually, announcing the need of recruitment of overseas students who have graduated to the Ministry of Education and Training to coordinate in introducing jobs to overseas students when they come back home.

Article 23. Effect

This Decision takes effect from March 10, 2013.

Ministers, heads of ministerial-level agencies, the heads of the Government-affiliated agencies, Chairman of the People's Committees of centrally-affiliated provinces and cities, the head of the Vietnamese representative agencies in foreign countries; organizations and indiduals concerned and overseas students are responsible for implementing this Decision. /.

ANNEX

(Issued together with Decision No. 05/2013/QD-TTg dated January 15, 2013 of the Prime Minister)

Form No. 01

APPLICATION FOR GRANTING CERTIFICATE OF OVERSEAS STUDY CONSULTATION SERVICES OPERATION REGISTRATION

To: Service of Education and Training (provincial / municipal).

1. Name of organization:................................................................................

Transaction name:..........................................................................................

2. Address of head office:..................................................................................

Tel:…………………………………….;Fax:....................................................

3. Bank account:

- Account in VND:...............................................

- Foreign currency account:.............................................

4. Certificate of business registration / License of investment / Decision on organization establishment: No. ..... ..... Month ...... Year ....... issued by ............................ (Name of decision-making agency)

5. Charter capital (at the time of requesting the granting of Certificate):........................

..................................................................................................................................

6. Full name of the head of the organization:.........................................................

Kindly request the granting of Certificate of overseas study consultation services operation registration

7. Attached dossier including:

..................................................................................................................................

..................................................................................................................................

(Name of organization) …………………………………... is commited to fully implement responsibilities as prescribed by law.

Form No. 02

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------------------------

RESUME

(Used for the head of organization of overseas study services)

I. INDIVIDUAL INFORMATION:

1. Full name:........................................................................................................

2. Date of birth:...................................................................

3. Native place:........................................................................................

4. Current residence:........................................................................................

5. ID No.:………………………… Issued on:……………….at:........

6. Tel:………………………………..; Fax.................................

II. TRAINING COURSE: (From date, month, year to date, month, year of training at training institutions, diplomas and certificates granted ...)

III. WORKING PROCESS: (From date, month, year to date, month, year working at……..position,...)

IV. TIME AND EXPERIENCE IN OVERSEAS STUDY CONSULTATION OPERATION:

V. COMMENDATION AND REWARD:

VI. DISCIPLINE:

I hereby declare that the above statements are true.If not, I shall bear full responsibility before the law.

Form No. 03

CERTIFICATE OF OVERSEAS STUDY

DIRECTOR OF SERVICE OF EDUCATION AND TRAINING (city / province)

Pursuant to the Decision ....... / 2012/QD-TTg dated ...... month ...... year 2012 of the Prime Minister on the overseas study of Vietnamese citizens;

Pursuant to Circular No. ........ / TT-BGDĐT dated ..... month ..... year ...... of the Minister of Education and Training;

Considering the proposal of ........................................................................................................ ;

DECIDES:

Article 1. This is to certify that...................................................................

Transaction name:...........................................................................

of:........................................................................................

Address of head office:.....................................................................................

Tel: ………………………………….; Fax:........................................

A/C No.:…………………………………. At: ………………………… organization of overseas study consultation at…… ……….

(Address, tel, fax, e-mail,...)

Article 2.................................................................................................

Responsible for full implementation of the State's current regulations regarding overseas study consultation services.

Article 3. This Certificate takes effect from the date of signing and is valid for 5 years from the date of signing.

Article 4. Services of Education and Training, the heads of the agencies concerned and (agency asking for the certificate) ................................. are responsible for the implementation of this Decision.