Nghị định 86/2021/ND-CP

Decree No. 86/2021/ND-CP dated September 25, 2021 on travelling abroad of Vietnamese nationals for studying, teaching, conducting scientific research, and performing academic exchange

Nội dung toàn văn Decree 86/2021/ND-CP travelling abroad of Vietnamese nationals for studying


GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 86/2021/ND-CP

Hanoi, September 25, 2021

 

DECREE

ON TRAVELLING ABROAD OF VIETNAMESE NATIONALS FOR STUDYING, TEACHING, CONDUCTING SCIENTIFIC RESEARCH, AND PERFORMING ACADEMIC EXCHANGE

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Education Law dated June 14, 2019;

Pursuant to Law on Higher Education dated June 18, 2012; Law on amendments to Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to Law on Entry and Exit of Vietnamese Nationals dated November 22, 2019;

Pursuant to Law on Government Secret Protection dated November 15, 2018;

At request of Minister of Education and Training and Minister of Labor – War Invalids and Social Affairs;

The Government promulgates Decree on travelling abroad of Vietnamese nationals for studying, teaching, conducting scientific research, and performing academic exchange

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes travelling abroad of Vietnamese nationals for studying, teaching, conducting scientific research, and performing academic exchange; rights and responsibilities of relevant agencies, organizations, and individuals.

Article 2. Regulated entities

1. This Decree applies to:

a) Vietnamese nationals who are students, researchers, intern, and learners and travelling abroad under training, improvement courses that last at least 3 consecutive years (hereinafter referred to as “international students”);

b) Vietnamese nationals who are teachers, lecturers of formal education institutions, vocational education institutions, and/or higher education institutions affiliated to national education system and travelling abroad for teaching, conducting scientific research, and performing academic exchange;

c) Study abroad consultancy service providers;

d) Agencies and organizations sending Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange;

dd) Relevant domestic and foreign agencies, organizations, and individuals responsible for managing Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange.

2. This Decree does not apply to Vietnamese nationals working abroad under Law on Vietnamese Guest Workers.

3. Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange under management of Ministry of National Defense and Ministry of Public Security shall conform to this Decree and comply with requirements of military forces and police authority.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “international students under state budget scholarship” refer to Vietnamese nationals who travel abroad for studying and receive funding for the entire or part of training costs, travelling costs, subsistence allowance, and other costs related to studying from any of the following funding sources:

a) Scholarship granted by state budget under conventions, agreements on cooperation between Vietnamese Government and Government of other countries;

b) Scholarship granted by state budget via regulatory authorities, state enterprises, or public service providers;

c) Scholarship granted by Government of other countries, official development assistance (ODA), governments of territories, international organizations, non-governmental organizations, or individuals via Vietnamese Government (hereinafter referred to as “scholarship incurred by foreign parties”).

2. “international students under other scholarship” refer to Vietnamese nationals who travel abroad for studying and receive scholarship for a part or the entirety of training costs, travelling costs, subsistence allowance, and other costs related to studying granted by domestic or foreign organizations and individuals from funding sources other than those under Clause 1 of this Article.

3. “self-financed international students” refer to Vietnamese nationals who travel abroad for studying under funding sources other than those specified in Clause 1 and Clause 2 of this Article.

4. “Vietnamese interns” refer to Vietnamese nationals who travel abroad for studying and participating in internship in working environment suitable with majors which they are training for in Vietnam to improve professional capacity.

5. “academic exchange” refers to exchange and discussion in face-to-face form, convention, or seminars for specialty, skills, and experience to improve professional capacity, knowledge, and skills of participants.

6. “direct supervisory agency” refers to an agency recruiting, managing, nominating, and introducing Vietnamese nationals to foreign countries for studying, teaching, conducting scientific research, performing academic exchange, and providing occupations after graduating, finishing studying, teaching, scientific research, and academic exchange programs.

7. “dispatching agency” refers to a competent agency capable of admitting, making final decisions on sending Vietnamese nationals to foreign countries for studying, and deciding on granting scholarship (if any).

Article 4. Electronic database for managing Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange

1. Electronic database of managing Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange (hereinafter referred to as “Database”) shall be developed by Ministry of Education and Training in collaboration Ministry of Labor – War Invalids and Social Affairs and connected with relevant national databases.

2. Agencies and organizations sending Vietnamese nationals to foreign countries for studying, teaching, conducting scientific research, and performing academic exchange are responsible for uploading necessary information on Database under Clause 1 of this Article.

3. After arriving in foreign countries for studying, teaching, conducting scientific research, and performing academic exchange, Vietnamese nationals are responsible for updating information on Database under Clause 1 of this Article.

Chapter II

VIETNAMESE NATIONALS TRAVELLING ABROAD FOR STUDYING

Section 1. INTERNATIONAL STUDENTS UNDER STATE BUDGET SCHOLARSHIP

Article 5. Admission and bringing Vietnamese nationals abroad for studying

1. Eligibility of Vietnamese nationals travelling abroad for studying

a) Having respectable political and moral credentials;

b) Not subject to disciplinary actions and criminal prosecution.

c) Having degrees, certificates for specialty and foreign languages satisfactory to scholarship programs and other requirements of the scholarship programs;

d) Obtaining agreement from supervisory agencies on sending to foreign countries for studying (in case of having working agencies);

dd) Satisfactory to applicable regulations and law on training for officials, public officials, and regulations of the Communist Party (for cases of members of the Communist Party).

2. Application for admission consists of:

a) Official Dispatches of direct supervisory agencies (in case of having working agencies);

b) Commitment regarding implementations of obligations of individuals sent abroad at request of direct supervisory agencies (in case of having working agencies);

c) Background information with photos and confirmation of direct supervisory agencies (in case of having working agencies) or confirmation of local governments of residence (in case of not having working agencies);

d) Verified true copies of degrees, certificates for specialty and/or foreign languages satisfactory to scholarship programs;

dd) Medical examination records of medical facilities of provinces and central-affiliated cities verifying adequate health conditions for studying abroad;

e) Other documents (if any) at request of scholarship programs and dispatching agencies.

3. Procedures for implementation:

a) Applicants shall submit applications under Clause 2 of this Article via postal service or in person or online to dispatching agencies;

b) Within 60 working days from the deadline for receiving applications, dispatching agencies shall organize admission and inform applicants and direct supervisory agencies (in case of having working agencies) about admission results on website of admitting agencies.

4. Responsibilities for admitting and sending Vietnamese nationals abroad for studying

a) Ministry of Education and Training shall admit and send Vietnamese nationals abroad for studying in formal education level, higher education in pedagogy and foreign languages using funding sources from state budgets according to Point a Clause 1 Article 3 hereof;

b) Ministry of Labor – War Invalids and Social Affairs shall admit and send Vietnamese nationals abroad for studying in vocational education (other than college-level pedagogy education) using funding sources from state budget under Point a Clause 1 Article 3 hereof;

c) Ministries, People’s Committees of provinces and central-affiliated cities, regulatory authorities, state enterprises, and public service providers shall admit and send Vietnamese nationals abroad for studying using funding sources from state budget under Point b Clause 1 Article 3 hereof;

d) Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs may assign or decentralize affiliated entities, higher education institutions, and vocational education institutions shall admit and send Vietnamese nationals abroad for studying using funding sources from state budget under Point a and Point b Clause 1 Article 3 hereof. Ministries, ministerial agencies, and People’s Committees of provinces and central-affiliated cities may authorize or decentralize affiliated entities to admit and send Vietnamese nationals abroad for studying using funding sources from state budget under Point b Clause 1 Article 3 hereof;

dd) Responsibilities for admitting and sending Vietnamese nationals abroad for studying abroad using funding sources under Point c Clause 1 Article 3 hereof according to regulations on cooperation between Vietnamese regulatory authorities and foreign parties incurring the scholarship.

Article 6. Rights and responsibilities of international students under state budget scholarship

1. Rights of international students under state budget scholarship

a) May return to Vietnam to participate in internship and/or collect documents to serve studying programs; may receive breaks during studying period according to foreign education institutions; may return to Vietnam, visit relatives in other countries (third country) if permitted by competent authority of host countries;

b) Receive consular protection by Vietnamese representative missions overseas regarding righteous rights during period of studying abroad as per the law;

c) Receive training costs, travelling costs, subsistence allowance, and other costs in part or in whole from funding sources from state budget for international students under Point a and Point b Clause 1 Article 3 hereof or incurred by foreign countries for international students under Point c Clause1 Article 3 hereof.

2. Responsibilities of international students under state budget scholarship

a) Strictly comply with regulations and law of Vietnam, regulations, law, and customs of host countries; violations shall result in strict actions depending on severity and seriousness as per regulations and law of relevant parties;

b) Stringently comply with regulations of foreign education institutions and commitment, regulations of direct supervisory agencies (in case of having working agencies) and dispatching agencies; preserve and develop friendship with organizations, individuals, and communities in host countries;

c) Register for Vietnamese nationals in foreign countries according to applicable regulations and update information on Database according to Article 4 hereof;

d) Do not drop out deliberately; comply with regulations on studying time, training level, majors, host countries, and education institutions according to decisions on dispatching for studying according to decisions of competent authority;

dd) Inform dispatching agencies at least 10 working days before the date on which international students return to Vietnam for internship, collection of documents, under vacation, and/or holiday according to regulations of foreign education institutions on international students according to Point a and Point b Clause 1 Article 3 hereof;

e) Submit reports on studying progress (Form No. 1 under Annex attached hereto) and copies of studying results with verification of foreign training facilities via postal service or in person or online to dispatching agencies after each semester and school year;

g) Return training costs according to Article 12 and Article 13 hereof in case of failure to complete studying obligations or failure to comply with job assignment of competent authority after graduation for international students under Point a and Point b Clause 1 Article 3 hereof;

h) Comply with applicable regulations and law on officials, public officials, and regulations of the Communist Party (for cases of members of the Communist Party);

i) Protect documents, information classified as government secret as per Law on Protection of Government Secret, and internal political information;

k) Do not exploit studying or any other activities to make statements against Vietnamese government or affecting relationship between Vietnam and host countries.

Article 7. Change of majors, education institutions, and/or host countries

1. In case international students under Point a and Point b Clause 1 Article 3 hereof wish to change education majors, education institutions, and/or host countries, dispatching agencies must issue decisions allowing change of education majors, education institutions, and host countries.

2. Application for change of majors, education institutions, and host countries consists of:

a) Application for change of majors, education institutions, and host countries (Form No. 2 under Annex attached hereto);

b) Copies of written consent of foreign education institutions of both points of departure and points of arrival regarding change of majors, education institutions, and host countries;

c) Written consent of direct supervisory agencies of international students regarding change of majors, education institutions, and host countries (in case of having working agencies).

3. Procedures for implementation:

a) Applicants shall submit applications under Clause 2 of this Article via postal service or in person or online to dispatching agencies;

b) If application is inadequate, dispatching agencies shall inform international students to revise as per the law within 5 working days;

c) If application is adequate, dispatching agencies shall issue Decisions allowing international students to change majors, education institutions, and host countries. Dispatching agencies shall send this Decisions to international students and direct supervisory agencies thereof (in case of having working agencies); in case of rejection, inform international students and direct supervisory agencies thereof (in case of having working agencies) and provide reasons.

4. International students under Point a and Point b Clause 1 Article 3 hereof changing majors, education institutions, or host countries without obtaining permission from dispatching agencies shall not be considered for scholarship for the new majors, education institutions, and host countries.

5. International students under Point c Clause 1 Article 3 hereof upon changing majors or education institutions must adopt procedures under Clause 2 and Clause 3 of this Article and regulations of foreign countries that incur scholarship.

Article 8. Suspension of studying, retention of education level, and repetition of education level

1. In case international students under Point a and Point b Clause 1 Article 3 hereof wish to suspend studying, dispatching agencies shall issue decisions on suspending studying and adjust studying time. International students shall not be granted scholarship during the suspension period. International students shall continue to be granted scholarship after the suspension period. Total period of receiving scholarship does not exceed total period of studying under original decisions on sending international students abroad for studying.

2. Application for suspension consists of:

a) Application using Form No. 3 under Annex attached hereto;

b) Copies of written consent of foreign education institutions regarding studying suspension of students and adjustment of studying time;

c) Written consent of direct supervisory agencies of international students regarding studying suspension (in case of having working agencies).

3. Procedures for implementation:

a) Applicants shall submit 1 application via postal service or in person or online to dispatching agencies;

b) If application is inadequate, dispatching agencies shall inform applicants to revise within 5 working days;

c) If application is adequate, dispatching agencies shall permit international students to suspend their studying and adjust studying time within 20 working days. Dispatching agencies shall send this Decisions to international students and direct supervisory agencies thereof (in case of having working agencies); in case of rejection, inform international students and direct supervisory agencies thereof (in case of having working agencies) and provide reasons.

4. If international students retain education level or fail to complete education level of semesters or school years at request of foreign education institutions which results in repetition of education level, the international students shall not receive scholarship during the period of retention or repetition of education level. Continuation of state budget scholarship shall be decided by dispatching agencies once international students provide results of subjects that require repetition that satisfy scholarship requirements. Total period of receiving scholarship does not exceed total period of studying under original decisions on sending international students abroad for studying. In case international students require additional time to complete education program, adopt procedures for extension according to Article 9 hereof.

5. International students under Point c Clause 1 Article 3 hereof upon suspending studying, retaining education level, or repeating education level must adopt procedures under Clause 2, Clause 3, and Clause 4 of this Article and regulations of foreign countries that incur scholarship.

Article 9. Extension of period of studying abroad

1. International students under Point a and Point b Clause 1 Article 3 hereof must send application for extending period of studying abroad to dispatching agencies for issuance of decisions allowing extension of studying period if they fail to complete studying program at the end of studying period as per decisions on sending students abroad for studying. International students shall not be granted scholarship during extended period (except for air ticket for returning to Vietnam according to Clause 4 of this Article).

2. Application for extension consists of:

a) Application using Form No. 4 under Annex attached hereto;

b) Copies of written consent of foreign education institutions regarding extension of studying period;

c) Written consent of direct supervisory agencies of international students regarding extension of studying period (in case of having working agencies).

3. Procedures for implementation:

a) Applicants shall submit application via postal service or in person or online to dispatching agencies;

b) If application is inadequate, dispatching agencies shall inform applicants to revise within 05 working days;

c) If application is adequate, dispatching agencies shall permit international students to extend their studying period. Dispatching agencies shall send this Decisions to international students and direct supervisory agencies thereof (in case of having working agencies); in case of rejection, inform international students and direct supervisory agencies thereof (in case of having working agencies) and provide reasons.

4. International students who fail to adopt procedures for extending studying period with dispatching agencies within 45 working days from the expiry date of studying period as per decisions on sending students abroad for studying shall not be funded for air ticket for returning to Vietnam.

5. Total extended period must not exceed 36 months for doctor degree program, 24 months for master degree program, university degree, college degree, and 12 months for intermediate-level education, preliminary-level education and must not exceed the maximum studying period prescribed by foreign education institutions.

6. International students under Point a and Point b Clause 1 Article 3 hereof who must extend their studying period as a result of war, conflict, natural disasters, or epidemic while guarantee studying results confirmed by foreign education institutions shall remain eligible for scholarship with period of consideration for scholarship not exceeding 12 months. Based on request of international students, dispatching agencies are responsible for cooperating with Vietnamese representative missions in foreign countries in examining and considering on a case-by-case basis. In case of prolonged war, natural disasters, or epidemic, continuation of funding shall be considered and decided by competent authority.

7. International students under Point c Clause 1 Article 3 hereof upon extending period of studying abroad must adopt procedures under Clause 2 and Clause 3 of this Article and regulations of foreign countries that incur scholarship.

Article 10. Receiving international students under state budget scholarship returning to Vietnam

1. International students shall return to Vietnam when:

a) They have finished education program, are eligible for degrees or certificates of graduation or have received degrees or certificates for graduation;

b) Have completed education program while waiting for defense or completion of procedures as per regulations of foreign education institutions for issuance of degrees or certificates for graduation and temporarily return to Vietnam

c) Have not completed education program and return to Vietnam.

2. Receipt of international students returning to Vietnam

a) Internationals students who have completed education programs and are eligible for issuance of degrees or certificates for graduation or have received degrees or certificates for graduation must submit graduation reports to dispatching agencies in order to be allowed to return to Vietnam;

b) Documents in graduation reports for returning to Vietnam:

- Graduation report (Form No. 5 under Annex attached hereto);

- Notarized copies of degrees or certificates for graduation and learning results translated to Vietnamese. If international students have not been issued with degrees or certificates for graduation, submit copies of documents verifying completion of education program, transcript (for international students graduating vocational education, higher education, master degree education), confirmation of research results, thesis defense (for international students graduating doctor or master of research) translated to Vietnamese and notarized;

- Notice of submission of thesis to National Library of Vietnam or Ho Chi Minh City General Sciences Library (for international students graduating doctor degree).

c) Procedures for implementation:

- Within 45 working days from the date on which international students return to Vietnam, international students must submit documents via postal service or in person to dispatching agencies;

- If documents on graduation and returning to Vietnam are ineligible, dispatching agencies shall inform international students to revise as per the law within 5 working days;

- Within 20 working days from the date on which adequate documents under Point b of this Clause are received, dispatching agencies shall inform direct supervisory agencies of international students regarding affairs (in case of having working agencies) or introduction of international students with recruiting agencies or graduation confirmation (in case of not having working agencies). Dispatching agencies shall send these documents to international students and direct supervisory agencies of international students (in case of having working agencies).

3. Receive international students temporarily returning to Vietnam during the period of waiting for defense or completion of procedures according to regulations of foreign education institutions for issuance of degrees or certificates for graduation

a) International students are allowed to temporarily return to Vietnam while waiting for defense or completion of procedures according to regulations of foreign education institutions for issuance of degrees or certificates for graduation and adopt procedures for extending studying period according to Article 9 hereof;

b) International students under Point a and Point b Clause 1 Article 3 hereof must incur all travelling costs and shall not be granted funding during the period of returning to Vietnam while waiting for defense or completion of procedures according to regulations of foreign education institutions for issuance of degrees or certificates for graduation;

c) International students must submit degrees and certificates for graduation to dispatching agencies within 36 months for doctor degree program, 24 months for master degree program, university degree, college degree, and 12 months for intermediate-level education, preliminary-level education from the expiry date according to decisions sending students abroad for studying without exceeding the maximum studying period prescribed by foreign education institutions;

d) International students must produce graduation reports according to Clause 2 of this Article once they are eligible for degrees or certificates for graduation or have received degrees or certificates for graduation.

4. International students who have not completed education program must return to Vietnam, return to working agencies (in case of having working agencies), and reimburse training costs according to Article 12 and Article 13 hereof.

Article 11. Rights and responsibilities of direct supervisory agencies and dispatching agencies for international students under state budget scholarship

1. Rights of direct supervisory agencies

a) Create participant sources and nominate Vietnamese nationals for studying abroad with state budget funding;

b) Request international students to comply with this Decree and agreements between direct supervisory agencies and international students prior to studying abroad (if any).

2. Responsibilities of direct supervisory authorities

a) Select individuals with adequate political credentials, moral quality, health, capacity, level, and satisfactory to requirements of scholarship program;

b) Cooperate with dispatching agencies in managing international students during period of studying abroad according to regulations of this Decree;

c) Receive returning international students and provide work;

d) Request international students who fail to complete studying obligations or fail to comply with assignment after graduation to reimburse training costs according to Article 12 and Article 13 hereof.

3. Rights of dispatching agencies

a) Organize selection and dispatch Vietnamese nationals abroad for studying using state funding according to this Decree;

b) Request international students sent abroad for studying to comply with this Decree and guidelines of dispatching agencies (if any).

4. Responsibilities of dispatching agencies

a) Issue decisions selecting and sending Vietnamese nationals abroad for studying and accepting international students returning to Vietnam according to this Decree;

b) Take charge and cooperate with direct supervisory agencies in managing international students and funding international students (if any) while they study abroad according to this Decree and other relevant law provisions;

c) Provide information on training costs funded for international students during period of studying abroad to allow direct supervisory agencies to reimburse training costs according to Article 12 and Article 13 hereof when the international students fail to complete studying obligations or fail to comply with assignment after graduation;

d) Retrieve training costs for international students who do not have working agencies or fail to complete studying obligations which result in reimbursement of training costs according to Article 12 and Article 13 hereof.

Article 12. Reimbursement of training costs

1. Reimbursement of training costs for international students who are officials, public officials, and employees under Point a and Point b Clause 1 Article 3 hereof shall conform to Decree No. 101/2017/ND-CP dated September 1, 2017 of the Government.

2. Reimbursement of training costs for international students who are not officials, public officials, or employees under Point a and Point b Clause 1 Article 3 hereof and refuse assignment of competent authority after graduation shall conform to Decree No. 143/2013/ND-CP dated October 24, 2013 of the Government.

3. Reimbursement of training costs for international students with working agencies that are not officials, public officials, or employees under Point a and Point b Clause 1 Article 3 hereof, drop out deliberately or unilaterally terminate employment contracts during training period, and are rejected from degrees or certificates for graduation by direct supervisory agencies shall conform to Article 13 hereof.

4. Reimbursement of training costs for international students with no working agencies under Point a and Point b Clause 1 Article 3 hereof, drop out deliberately, and are rejected from degrees or certificates for graduation by dispatching agencies shall conform to Article 13 hereof.

5. Reimbursement of training costs for international students under Point c Clause 1 Article 3 hereof shall conform to agreement between regulatory authorities of Vietnam and the foreign parties incurring the scholarship.

Article 13. Collection of reimbursed costs

1. Reimbursed costs include all training costs previously incurred by state budget for international students under Point a and Point b Clause 1 Article 3 hereof and training costs provided by dispatching agencies.

2. Collection of reimbursed amount for international students under Clause 3 and Clause 4 Article 12 hereof shall be performed as follows:

a) Direct supervisory agencies or dispatching agencies (in case of not having working agencies shall issue Decisions on collecting reimbursed costs and send these Decisions to international students required to reimburse. Consideration for reduction or exemption of reimbursed amount shall be decided by direct supervisory agencies or dispatching agencies based on documents of international students and must be presented to competent agencies when requested;

b) Within 120 days from the date on which Decisions on collecting reimbursed costs of direct supervisory agencies or dispatching agencies, international students are responsible for submitting all reimbursed costs;

c) Reimbursed costs shall be submitted to direct supervisory agencies or dispatching agencies that have incurred the costs on behalf of international students;

d) In case international students who must pay reimbursed costs fail to pay reimbursed costs, direct supervisory agencies or dispatching agencies have the rights to file charges at the court as per the law.

3. Collection of reimbursed costs for international students under Point c Clause 1 Article 3 hereof shall conform to agreement between regulatory authorities of Vietnam and the foreign parties incurring the scholarship.

Section 2. INTERNATIONAL STUDENTS UNDER OTHER SCHOLARSHIP AND SELF-FINANCED INTERNATIONAL STUDENTS

Article 14. Rights and responsibilities of international students under other scholarship and self-financed international students

1. Rights of international students under other scholarship

a) International students under other scholarship shall have rights under Point a and Point b Clause 1 Article 6 hereof;

b) Receive aids related to studying provided by domestic and international organizations, individuals (not funded by state budget).

2. Responsibilities of international students under scholarship

a) Assume responsibilities under Points a, b, c, h, i, and k Clause 2 Article 6 hereof;

b) Comply with legal agreements with organizations and individuals incurring the scholarship;

c) Comply with regulations of Vietnamese education institutions and foreign education institutions for cases where international students study abroad under agreements on cooperation in training signed between Vietnamese education institutions and foreign education institutions;

d) Comply with agreements with direct supervisory agencies (if any), product reports, and stay under management of direct supervisory agencies (in case of having working agencies) when studying abroad;

dd) Refrain from staying abroad illegally after finishing studying program.

3. Rights of self-financed international students

Self-financed international students shall have rights under Point a Clause 1 of this Article.

4. Responsibilities of self-financed international students

a) Assume responsibilities under Points a, c, d, and dd Clause 2 of this Article;

b) Truthfully declare documents when working on documents on studying abroad;

c) Enter into contracts for studying abroad consultancy with study abroad consultancy service providers before travelling abroad for studying (for international students travel abroad for studying by themselves via study abroad consultancy service providers);

d) Keep contact and update on studying situations with study abroad consultancy service providers regarding change of majors, education institutions, host countries, suspension of education program, retention of education level, repetition of education level, and extension of period of studying abroad (for international students travel abroad for studying by themselves via study abroad consultancy service providers).

Article 15. Rights and responsibilities of study abroad consultancy service providers

1. Rights of study abroad consultancy service providers

a) Sign contracts for representing admission with foreign education institutions;

b) Publicize information of organizations on website of agencies issuing Certificate for study abroad consultancy service provision;

c) Execute rights of enterprises without violating regulations under Clause 2 of this Article;

d) Receive salaries according to agreement under contracts for study abroad consultancy service.

2. Responsibilities of study abroad consultancy service providers

a) Register for Certificate for study abroad consultancy service provision as per the law;

b) Provide study abroad consultancy service within 45 working days from the date on which Certificate for study abroad consultancy service provision is issued;

c) Provide honest information on requirements relating to quality control conditions of foreign education program and education institutions; estimated tuition, subsistence allowance, and related costs; living conditions, overtime working policies according to regulations of host countries; possible difficulties, risks, and disadvantages when studying abroad;

d) Sign contracts for study abroad consultancy service provision with individuals who wish to study abroad or parents, legal guardians on voluntary, agreement basis and satisfactory to the following principles:

- Contracts for study abroad consultancy service provision must clarify majors, name of education institutions, host countries, studying periods, graduation degrees or certificates; costs and salaries related study abroad consultancy services to be incurred by learners or parents or legal guardians thereof; rights, responsibilities, and commitment of each party; risk management solutions;

- Only sign contracts for study abroad consultancy services; do not sign contracts for international students pursue part-time degree.

dd) Do not authorize or receive authorization of other study abroad consultancy service providers to provide study abroad consultancy services for individuals who wish to study abroad;

e) Publicly post information at head offices and on website of study abroad consultancy service providers; assume legal responsibilities for accuracy of declared information and contents.

- Decision on establishment of organizations or Enterprise registration certificate;

- Certificate for study abroad consultancy service provision issued by competent authority;

- Lists of study abroad consultants including full name, degrees, certificates satisfactory to regulations and law, in which consultants must undergo study abroad consultancy training and receive certificates under Article 16 hereof;

- Information related to majors, training level, quality control, or education quality accreditation of foreign education institutions which have entered into agreement on cooperation or representation for admission with study abroad consultancy service providers;

- Information on tuition, subsistence allowance, and service fees.

- Submit reports on provision of study abroad consultancy services to supervisory agencies on an annual basis.

g) Maintain relationship and cooperation with foreign education institutions, monitor, and assist international students during the period of studying abroad; encourage international students to update information on the Database under Clause 1 Article 4 hereof. Actively cooperate with relevant agencies to protect rights and legal benefits of international students;

h) Store documents on sending Vietnamese nationals abroad for studying during the period in which international students study abroad and maintain relationship with the international students after graduation, provide assessment on effectiveness of consultancy affairs for bringing Vietnamese nationals abroad for studying at request of regulatory agencies;

i) Implement reporting policies according to Article 28 hereof.

Article 16. Training for study abroad consultancy affairs

1. Certificate for study abroad consultancy issued by study abroad consultancy training facilities for learners once learners have completed study abroad consultancy training programs.

2. Study abroad consultancy training facilities under Clause 1 of this Article shall be higher education institutions or colleges with experience in sending students abroad for studying with some students completing studying programs.

3. Study abroad consultancy training program shall be in charge by Minister of Education and Training in cooperation with Minister of Labor – War Invalids and Social Affairs.

4. Study abroad consultancy training facilities shall provide study abroad consultancy training programs as per guidelines of Ministry of Education and Training.

Chapter III

VIETNAMESE NATIONALS TRAVELLING ABROAD FOR TEACHING, CONDUCTING SCIENTIFIC RESEARCH, AND PERFORMING ACADEMIC EXCHANGE

Article 17. Eligibility for Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

1. Possess adequate political credentials and moral quality (verified by direct supervisory agencies).

2. Are not currently subject to disciplinary actions and criminal prosecution.

3. Having quality and capacity suitable with teaching program, scientific research topic, and academic exchange in foreign countries.

4. Satisfy other requirements of teaching programs, scientific research topic, and academic exchange in foreign countries.

5. Are sent abroad by direct supervisory agencies on a consensus basis.

Article 18. Sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

1. Direct supervisory agencies shall allow individuals allowed to participate in teaching, research, and academic activities overseas via promoting cooperation in education and scientific research with foreign education institutions and science, technology organizations.

2. Vietnamese nationals accepted or invited by the foreign parties to teach, conduct scientific research, and perform academic exchange with the foreign parties to agree on specific details, including:

a) For teaching: Details of subjects or topics, teaching period, and financial obligations, and insurance of the parties;

b) for conducting scientific research: Research contents, topics, or methods, duration of stay overseas, and financial obligations, insurance of parties;

c) For academic exchange: Exchange programs or projects, methods of exchange, duration of stay overseas, and financial obligations, insurance of the parties.

3. Direct supervisory agencies shall issue decisions sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange. In case direct supervisory agencies are incapable of issuing decisions, submit reports to competent authority to issue Decisions on sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange.

Article 19. Rights and responsibilities of Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

1. Rights of Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

a) Receive protection from Vietnamese representative missions regarding rights and benefits satisfactory to regulations and law of Vietnam, regulations and law of host countries, and international practices during the period in which Vietnamese nationals teach, conduct scientific research, and perform academic exchange overseas;

b) Receive salaries, wages, income, and other legal private assets transferred to Vietnam according to regulations and law of Vietnam, regulations and law of host countries;

c) Personnel of agencies and organizations benefitting from state budget shall benefit from salaries, wages, other incomes, medical examination and treatment, social insurance, and other benefits on the basis of agreement with direct supervisory agencies and be accepted by dispatching agencies for employment upon finishing work overseas.

2. Responsibilities of Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

a) Comply with decision assigning teaching jobs, scientific research tasks, and academic exchange in foreign countries;

b) Strictly comply with regulations and law of Vietnam, regulations and law of host countries; register for overseas Vietnamese as per applicable laws;

c) Contribute to social insurance, health insurance, person income tax (if any), and other mandatory costs according to applicable regulations of the Government; in case international agreements to which Vietnam is a signatory regulates person income tax otherwise, the international agreements shall prevail;

d) Protect documents, information classified as government secret as per Law on Protection of Government Secret, and internal political information;

dd) Do not exploit teaching, specialized activities, or any other activities to make statements against Vietnamese government or affecting relationship between Vietnam and host countries;

e) Do not violate regulations on science and technology activities of Vietnam and host countries; regulations and law on obligations, responsibilities of teachers which affect image and credibility of Vietnam in host countries;

g) Work as per the law; comply with regulations of workplace; return to Vietnam after finishing teaching programs, scientific research, and academic exchange according to regulations of host countries;

h) Do not exploit teaching, scientific research, and academic exchange in foreign countries to work or stay overseas illegally except for cases where duration of stay abroad must be extended due to sickness, war, conflict, natural disasters, or epidemic;

i) Comply with agreement and commitment signed with direct supervisory agencies and dispatching agencies (if any);

k) Comply with applicable regulations and law on officials, public officials, and regulations of the Communist Party (for cases of members of the Communist Party);

l) Submit reports to direct supervisory agencies once every 3 months (Form No. 6 under Annex attached hereto). Within 20 working days from the date on which Vietnamese nationals finishing teaching program, scientific research, and academic exchange abroad, Vietnamese nationals must return to Vietnam and report to direct supervisory agencies and dispatching agencies, and update on the Database under Article 4 hereof.

Article 20. Rights and responsibilities of direct supervisory agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

1. Rights of direct supervisory agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

a) Exercise rights regarding cooperation with foreign countries according to Article 44 of Law on Higher Education Institutions 2012, Article 47 of Law on Vocational Education 2014, and Article 71 of Law on Science Technology 2013;

b) Create sources, select, train, and send people abroad for teaching, conducting scientific research, and performing academic exchange;

c) Request individuals sent abroad for teaching, conducting scientific research, and performing academic exchange to comply with regulations of agencies or agreements between parties prior to travelling abroad (if any);

d) Request individuals sent abroad for teaching, conducting scientific research, and performing academic exchange to submit working reports while staying abroad.

2. Responsibilities of direct supervisory agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

a) Send individuals with adequate political credentials, moral quality, capacity, education level, and standards regarding professional ethics abroad for teaching, conducting scientific research, and performing academic exchange;

b) Monitor working progress of individuals sent abroad for teaching, conducting scientific research, and performing academic exchange, and provide them with work once they have finished teaching program, academic research, and academic exchange overseas;

c) Submit reports on sending individuals abroad for teaching, conducting scientific research, and performing academic exchange to competent dispatching agencies (if any) according to Article 28 hereof.

Chapter IV

ORGANIZATION FOR IMPLEMENTATION

Article 21. Responsibilities of Departments of Education and Training

1. Take charge and cooperate with ministries and local governments in performing state management regarding education for Vietnamese nationals travelling abroad for studying, conducting scientific research, and performing academic exchange in formal education level, higher education level, pedagogy college level, and foreign language education.

2. Take charge and cooperate with ministries in performing reporting regime regarding education for Vietnamese nationals travelling abroad for studying, conducting scientific research, and performing academic exchange in formal education level, higher education level, pedagogy college level, and foreign language education.

3. Take charge and cooperate with relevant ministries and local governments to organize inspection and take actions against violations in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange in formal education level, higher education level, pedagogy and foreign language college, and study abroad consultancy training.

4. Take charge and cooperate with Minister of Labor – War Invalids and Social Affairs in regulating education program for study abroad consultancy profession.

Article 22. Responsibilities of Ministry of Labor – War Invalids and Social Affairs

1. Take charge and cooperate with ministries and local governments in performing state management regarding education for Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange in vocational education (except pedagogy college).

2. Take charge and cooperate with ministries in following reporting regime regarding education for Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange in vocational education (except pedagogy college).

3. Take charge and cooperate with relevant ministries and local governments to organize inspection and take actions against violations in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange in vocational education (except for pedagogy college).

4. Cooperate with Ministry of Education and Training in regulating education program for study abroad consultancy profession.

5. Cooperate with Ministry of Education and Training in organizing inspection and taking actions against violations in training for study abroad consultancy profession.

Article 23. Responsibilities of Ministry of Foreign Affairs

Take charge protecting legal rights and benefits of Vietnams nationals studying, teaching, conducting scientific research, and performing academic exchange overseas.

Article 24. Responsibilities of Ministry of Finance

Take charge and cooperate with ministries in amending financial policies funding Vietnamese nationals travelling abroad for studying using state budget funding after agreeing with other ministries.

Article 25. Responsibilities of Ministry of Public Security

1. Direct police authority of all levels to acknowledge the situations and work with organizations and individuals engaged in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange to prevent and promptly deal with any violation to regulations and law.

2. Take charge and cooperate with relevant ministries in acknowledging situations, preventing, detecting, and taking actions against Vietnamese nationals violating regulations and law of Vietnam, regulations and law of host countries while studying, teaching, conducting scientific research, and performing academic exchange overseas.

Article 26. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. Organize management and send Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange within their competence.

2. Manage and direct operations of local study abroad consultancy service providers within their competence.

3. Organize inspection and penalties for violations for study abroad consultancy service; promptly revise and take actions against violations.

4. Publicize lists and conditions of local study abroad consultancy service providers on website of local governments.

5. Submit periodic or irregular reports to Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs regarding provision of study abroad consultancy services of local governments according to Article 28 hereof.

Article 27. Responsibilities of Vietnam representative missions overseas

1. Protect legal rights and benefits of nationals studying, teaching, conducting scientific research, and performing academic exchange overseas and promptly deal with issues related to rights and obligations of nationals as per the law.

2. Assist and motivate nationals to study, teach, conduct scientific research, perform academic exchange overseas, train moral quality, political credentials, preserve, and develop relationship between Vietnam and host countries; publicize, instruct, and examine compliance with policies of the Communist Party, the Government, and this Decree of the nationals; educate the nationals on policies and ideology, and guarantee activities of international students according to guidelines of political organizations and socio-political organizations of Vietnam.

3. Develop and expand education cooperation relationship with training facilities and governments of host countries; search and utilize scholarship sources for Vietnam; research education policies and programs of host countries to advise the Government and relevant agencies regarding development of Vietnamese education and sending of Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange in majors and education level in host countries, satisfactory to personnel resource development demands of Vietnam, and promoting cooperation between countries.

4. Promptly report cases, organizations, and individuals showing signs of violating regulations and law of Vietnam in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange to competent authority of Vietnam for proper actions as per the law.

Article 28. Reporting regime

1. Reports on admission and bringing of Vietnamese nationals abroad for studying

a) Basic contents: General situations regarding admission and bringing of Vietnamese nationals abroad for studying; difficulties; propositions and recommendations (if any);

b) Reporting entities, receiving agencies, and reporting procedures: Agencies admitting and bringing Vietnamese nationals abroad shall submit reports to Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs (People’s Committees of provinces and central-affiliated cities shall report according to Clause 3 of this Article);

c) Reporting period: Reports shall be submitted on an annual basis;

d) Methods of submitting and receiving reports: Agencies admitting and bringing Vietnamese nationals abroad for studying shall submit reports via postal service or in person or online to Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs;

dd) Figure conclusion date: From December 1st of the year before the reporting year to November 30th of the reporting year;

e) Deadline for submission: Before December 15th of each year;

g) Report outline: Form No. 7 under Annex attached hereto;

h) Schedule on report figures: Form No. 8 under Annex attached hereto.

2. Reports on study abroad consultancy profession

a) Basic contents: General information regarding study abroad consultancy profession; study abroad consultancy operations and number of Vietnamese nationals travelling abroad for studying in the year; difficulties; recommendations and propositions;

b) Reporting entities, receiving agencies, and reporting procedures: Study abroad consultancy service providers shall submit reports to People’s Committees of provinces and cities where the service providers are based;

c) Reporting period: Reports shall be submitted on an annual basis;

d) Methods of submitting and receiving reports: Study abroad consultancy service providers shall submit reports via postal service or in person or online to People’s Committees of provinces and central-affiliated cities where the service providers are based;

dd) Figure conclusion date: From December 1st of the year before the reporting year to November 30th of the reporting year;

e) Deadline for submission: Before December 5th of each year;

g) Report outline: Form No. 11 under Annex attached hereto;

h) Schedule on report figures: Form No. 8 under Annex attached hereto.

3. Reports on Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange

a) Basic contents: Situations of Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange in the year, difficulties,, propositions, and recommendations;

b) Reporting entities, receiving agencies, and reporting procedures:

- People’s Committees of provinces and central-affiliated cities; agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange; training facilities for study abroad consultancy profession shall send reports to Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs;

- Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs shall submit reports to the Government.

c) Reporting period: Reports shall be submitted on an annual basis;

d) Methods of submitting and receiving reports:

- People’s Committees of provinces and central-affiliated cities; agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange; training facilities for study abroad consultancy profession shall send reports via postal service or in person or online to Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs;

- Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs within their management shall submit reports to the Government via Government reporting system or in person or via postal service.

dd) Figure conclusion date: From December 1st of the year before the reporting year to November 30th of the reporting year;

e) Report deadline:

- Before December 15 each year, People’s Committees of provinces and central-affiliated cities; agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange; training facilities for study abroad consultancy profession shall send reports to Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs;

- Before December 25 each year, Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs shall submit reports to the Government.

g) Report outline:

- People’s Committees of provinces and central-affiliated cities shall send reports using Form No. 10 under Annex attached hereto;

- Agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange shall submit reports using Form No. 12 under Annex attached hereto;

- Training facilities for study abroad consultancy profession shall submit reports using Form No. 14 under Annex attached hereto;

- Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs shall send reports using Form No. 15 under Annex attached hereto.

h) Schedule on report figures:

- People’s Committees of provinces and central-affiliated cities shall consolidate figures using Form No. 8 and Form No. 9 under Annex attached hereto;

- Agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange shall consolidate figures using Form No. 13 under Annex attached hereto;

- Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs shall consolidate figures using Form No. 16 under Annex attached hereto.

Chapter V

IMPLEMENTATION

Article 29. Entry into force

1. This Decree comes into force from December 01, 2021.

Annul Decision No. 05/2013/QD-TTg dated January 15, 2013 of Prime Minister.

2. Certificate for study abroad consultancy service provision issued before the effective date hereof remain valid for use.

Article 30. Responsibilities for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, relevant agencies, organizations and individuals are responsible for the implementation of this Decree.

 

 

PP. GOVERNMENT
ACTING PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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