Circular No. 03/2014/TT-BGDĐT Issuing the Regulation on Managing Foreign Students Studying in Vietnam

CIRCULAR

Issuing the Regulation on Managing Foreign Students Studying in Vietnam

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Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Considering the proposal of the Director of the Overseas Training Department;

The Minister of Education and Training issues this Circular on the Regulation on Managing Foreign Students Studying in Vietnam.

Article 1. Attached to this Circular is the Regulation on Managing Foreign Students Studying in Vietnam.

Article 2. This Circular takes effect from April 11, 2014 and replaces Decision No. 33/1999/QĐ-BGD&ĐT dated August 25, 1999 of the Minister of Education and Training on the issuance of the Regulation on the Management of Foreign Students Studying in Vietnam.

Article 3. The Director of the Office, the Director of the Department of International Education Cooperation, Heads of relevant units under the Ministry of Education and Training; Heads of educational institutions; organizations and individuals related to this matter are responsible for implementing this Circular./.

REGULATIONS

Management of Foreign Students Studying in Vietnam

(Issued together with Circular No. 03/2014/TT-BGDĐT dated February 25, 2014 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the management work of foreign students studying in Vietnam, including: conditions and procedures for receiving international students; training and managing international students; rights and responsibilities of international students; receiving training and serving international students.

Article 2. Applicability

This Regulation stipulates the management work of foreign students studying at educational institutions belonging to the national education system of Vietnam, including: elementary school students, middle school students, high school students, vocational college students; college and university students; master's program trainees; doctoral candidates; advanced training program trainees; internship trainees (hereinafter collectively referred to as international students).

Article 3. Explanation of Terms

In this Document, the following terms are understood as follows:

1. Agreement-based international student: is an international student who is accepted to study in Vietnam according to Agreements, Arrangements between the Socialist Republic of Vietnam and other countries, territories, international organizations, and is granted scholarships by the Government of Vietnam.

2. Other scholarship-based international student: is an international student who is funded by organizations and individuals to study in Vietnam, not falling within the scope defined in Clause 1 of this Article.

3. Self-funded international student: is an international student who is accepted to study in Vietnam according to agreements, training contracts between Vietnamese educational institutions and organizations, individuals abroad, overseas Vietnamese, and the study and training costs do not use the scholarship sources mentioned in Clauses 1 and 2 of this Article.

4. Educational institution receiving training for international students includes general education institutions, vocational education institutions, and higher education institutions.

5. Service facility for international students is a residential facility permitted to accept foreigners to reside during their studies in Vietnam.

Article 4. Language Used in Teaching and Learning

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

2. International students may study and research, intern in a language other than Vietnamese if the educational institution is authorized to use that language in training.

Chapter II

CONDITIONS AND PROCEDURES FOR RECEIVING INTERNATIONAL STUDENTS

Article 5. Academic and Professional Qualifications

1. International students entering secondary school, vocational college, college, university, master’s, and doctoral programs must have a minimum graduation certificate equivalent to the graduation certificate of Vietnam as prescribed by the Education Law for each level of education and training.

2. International students entering Vietnam for study must meet the requirements for Vietnamese language proficiency as specified for each level of training and training program.

3. International students registering to study, research, and intern in a language other than Vietnamese, which the educational institution is authorized to use in training, must meet the specific language proficiency requirements set out in each program. International students who are native speakers (of the language used in study, research, and internships) or have graduated from secondary school, college, university, or master’s and doctoral programs in that language are exempted from the language requirement.

4. International students entering advanced professional and vocational training courses must meet the conditions and standards agreed upon between Vietnam and the sending party or as stipulated in the training contract signed.

5. International students entering specialized internships must meet the academic and professional qualifications required by the educational institution accepting the interns.

6. International students entering artistic talent majors (culture, arts, fine arts, architecture, physical education and sports), in addition to the conditions stipulated in this Article, must also meet the requirements of talent tests or assessments as prescribed by the receiving institution.

Article 6. Health and Age Conditions

1. Exchange students must be in good health to study in Vietnam. Upon arrival in Vietnam, exchange students must undergo a health check at a healthcare facility designated by the educational institution or the Vietnamese organization serving exchange students. In cases where they are diagnosed with social diseases, dangerous infectious diseases as defined by the Vietnamese Ministry of Health, or are found to be unable to study due to poor health, the exchange students must return to their home country.

2. The age requirements for exchange students under agreements shall be implemented according to the Agreements and Memorandums signed between Vietnam and other countries, territories, and international organizations. There is no age limit for scholarship exchange students and self-funded exchange students.

Article 7. Conditions Regarding Documentation

Exchange students must submit one set of application documents in Vietnamese or English, including the following documents:

1. Application form (Annex I).

2. Certified copies or translations of academic credentials and transcripts as required for each level of education and training program by the competent authority of the sending country.

3. A health certificate issued by a healthcare facility authorized by the sending country or a provincial, municipal, or central healthcare facility in Vietnam confirming that the applicant is fit to study, dated no more than six months prior to the submission of the application.

4. Certified copies of Vietnamese language proficiency certificates issued by an authorized educational institution or international language certificates to be used for studying in Vietnam (if applicable).

5. Certified copies of financial documents ensuring sufficient funds for studying, research, and living expenses in Vietnam.

6. Research outline (for doctoral students) or internship plan (for intern students).

7. Letters of recommendation from two scientists in the same field of research holding a doctorate degree (for doctoral students).

8. Certified copies of relevant documents and certificates regarding talent, expertise, research achievements, etc. (if available).

9. Certified copies of passports valid for the entire duration of study in Vietnam or at least one year from the expected date of arrival in Vietnam.

Article 8. Procedures for Acceptance

1. For agreement-based scholarship exchange students:

a) By June 15th each year, the sending country transfers to the Ministry of Education and Training the list and the fields of study of each exchange student along with the application documents stipulated in Article 7 of this Regulation;

b) By August 1st each year, the Ministry of Education and Training completes the acceptance and review of the application documents of exchange students and responds with the results to the sending country;

c) Exchange students entering undergraduate programs must enroll at a Vietnamese educational institution before September 5th each year; exchange students entering master's, doctoral, or intern programs must enroll according to the notification from the Vietnamese educational institution assigned by the Ministry of Education and Training to accept exchange students.

2. For other scholarship-based and self-funded exchange students studying, researching, and interning at various levels within the national education system, the acceptance procedures will be carried out according to the training contracts signed between the educational institutions and the exchange students or the organizations and individuals sponsoring scholarships for the exchange students.

Chapter III

TRAINING AND MANAGEMENT OF EXCHANGE STUDENTS

Article 9. Preparatory Study

1. Exchange students who do not have sufficient proficiency in Vietnamese to study the formal curriculum in Vietnamese must attend preparatory Vietnamese language courses. The Ministry of Education and Training will arrange for exchange students under agreements to study at institutions offering preparatory Vietnamese language courses. Other scholarship recipients and self-funded exchange students must organize for these students to study the preparatory Vietnamese language program or send them to institutions offering preparatory Vietnamese language courses.

Supplementary subject knowledge training to meet the requirements for admission to master's and doctoral programs (if necessary) shall be organized and implemented by the educational institution receiving the student within a maximum period of one academic year following the completion of the preparatory Vietnamese language course.

2. The duration of preparatory Vietnamese language study for agreement-based exchange students shall be carried out according to the agreements and memorandums signed between Vietnam and other countries, territories, and international organizations; for other scholarship recipients and self-funded exchange students, it shall be carried out according to the training contracts.

3. After completing the preparatory course, exchange students must take a Vietnamese language proficiency test; if they meet the requirements, they will be admitted to the formal program; if they do not meet the requirements, they must continue supplementary studies and retake the test until they meet the requirements and obtain a certificate to be admitted to the formal program.

Article 10. Direct Admission to the Formal Program

1. Exchange students with Vietnamese language proficiency certificates meeting the required standards, those who have completed secondary education, vocational college, college, university, master’s, and doctoral programs in Vietnamese, and who meet the health, age, educational, and professional conditions stipulated in Articles 5 and 6 of this Regulation shall be directly admitted to the formal program.

2. Exchange students who meet the language proficiency requirements of the training program conducted in that language, and who meet the educational, professional, health, and age conditions stipulated in Articles 5 and 6 of this Regulation shall be directly admitted to the formal program.

Article 11. Non-mandatory Subjects for Exchange Students

1. Exchange students studying vocational college, college, university, master’s, and doctoral programs are exempt from applying the Vietnamese language exit standards prescribed for Vietnamese citizens studying corresponding programs taught in Vietnamese.

During the training period, the head of the educational institution shall consider organizing advanced Vietnamese language courses to replace foreign language courses for international students.

2. Exchange students studying vocational college, college, and university programs are exempt from taking National Defense and Security Education courses and may choose alternative subjects including Advanced Vietnamese Language, Vietnamese Culture, Vietnamese History, or other elective subjects decided by the head of the educational institution based on the actual conditions of the institution.

3. The provisions of Clause 2 of this Article do not apply to cases where international students are admitted to study majors related to national defense and security.

Article 12. Duration of Training and Changes During Training

1. Duration of study to obtain diplomas, certificates, and certifications

a) The duration of study for each level and degree program shall be carried out in accordance with the provisions of the Education Law, Higher Education Law, and related current regulatory documents;

b) The duration of advanced professional training, internship periods for interns shall be carried out according to the agreements between Vietnam and the sending country.

2. Shortening or Extending the Duration of Study

a) International students can shorten their training time but must complete the program content as stipulated by current regulations;

b) Agreement-based exchange students may not unilaterally extend their study period; in cases where an extension is needed to complete the training program, including preparatory study time, they must report to the sending country and the head of the educational institution where the student is studying, and obtain written approval from the Ministry of Education and Training;

c) For other scholarship recipients and self-funded exchange students, extending the study period shall be carried out according to agreements with the educational institution.

3. Suspension of studies

a) Agreement-based exchange students may temporarily suspend their studies for up to one academic year if there are valid reasons approved by the sending country and the educational institution, and written permission is obtained from the Ministry of Education and Training;

b) The suspension period for other scholarship recipients and self-funded exchange students shall be carried out according to agreements with the educational institution.

4. Change of major, change of educational institution

a) Agreement-based exchange students may not unilaterally change their field of study or educational institution. They can only change their field of study or educational institution when the sending country and the educational institution provide written consent to the Ministry of Education and Training, which then issues a decision allowing such changes. Such changes can only be made once and apply only to exchange students studying at the college level or higher;

b) Changing fields of study or educational institutions for other scholarship recipients and self-funded exchange students shall be carried out according to agreements with the educational institution.

Article 13. Training Costs

For agreement-based exchange students

a) Standards, benefits, and funding levels for training shall be implemented according to current regulations of the Ministry of Finance and agreements and memorandums signed between Vietnam and the sending country;

b) If exchange students need to extend their study period due to changing fields of study, changing educational institutions, or personal reasons leading to unsatisfactory progress, they will not receive scholarship benefits during the extended period. All additional costs arising from the extended study period shall be borne by the sending country and the exchange student themselves;

c) If exchange students temporarily suspend their studies, they will not receive scholarship benefits during the suspension period. After the suspension period, if the student meets the conditions to resume studies at the educational institution, they will continue to receive scholarship benefits. The total duration of study eligible for scholarships shall be implemented according to Article 12 of this Regulation.

2. For other scholarship recipients

Training costs for other scholarship recipients shall be carried out according to agreements and training contracts signed between the scholarship sponsors or individual exchange students and the educational institution.

3. For self-funded exchange students

The tuition fee for self-supporting international students shall be implemented according to the training contract signed between the educational institution and the international student. International students shall bear all other incidental costs incurred during their study period in Vietnam.

Article 14. Electronic database system for managing international students

International students must register and update complete and accurate information into the electronic database system for managing international students at the website http://lhsnn.vied.vn no later than thirty days after arriving in Vietnam to commence studies and annually or whenever there is a change.

Article 15. Reporting System

Educational institutions shall submit reports on the reception and training of foreign international students (in accordance with Form II) to the Ministry of Education and Training (Overseas Training Department) before January 15 each year (by mail and sending data files to the email address: [email protected]) to coordinate monitoring and management; urge international students received for training to register and update information into the electronic database system for managing international students as stipulated in Article 14 of this Regulation.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF INTERNATIONAL STUDENTS

Article 16. Rights of international students

1. To be treated equally as Vietnamese citizens.

2. Receiving full information suitable for learning conditions provided by educational institutions and facilities serving international students.

3. To use equipment and facilities serving learning, cultural, sports activities provided by educational institutions and student service centers.

4. To participate in cultural, artistic, sports activities organized by educational institutions and student service centers for students and trainees.

5. Participating in scientific research activities organized by educational institutions as with Vietnamese citizens.

6. To take exams, tests, defend graduation projects, theses, and receive graduation certificates.

7. Returning home for summer and holiday breaks, inviting relatives to visit according to Vietnamese regulations; taking leave for illness or medical treatment with the consent of the educational institution.

8. Agreement-based international students shall be granted scholarships and other benefits as stipulated in the Agreements and Memorandums of Understanding signed between Vietnam and the sending countries, and current regulations in Vietnam.

9. A group of international students from the same country studying at the same educational institution or residing in the same dormitory may elect a representative to manage all aspects concerning their own international students, serve as a liaison with the educational institution or student service center to resolve matters related to their group.

Article 17. Responsibilities of international students

1. To comply with the laws of the Socialist Republic of Vietnam.

2. Respecting Vietnamese customs and traditions.

3. To implement the Regulations on Managing Foreign Students Studying in Vietnam, Training Regulations, and School Rules applicable to each level of education and training program issued by the Ministry of Education and Training of Vietnam; Study and Living Regulations set forth by educational institutions and student service centers.

4. To update complete information and report into the electronic database system for managing international students as stipulated in Article 14 of this Regulation.

5. To comply with regulations regarding foreign workers working in Vietnam when international students work or engage in part-time jobs in Vietnam.

6. To adhere to the purpose and conditions of entry into Vietnam for study.

7. To maintain friendly relations with Vietnamese citizens and international students from other countries.

8. To preserve and protect the property of educational institutions and student service centers.

Chapter V

RECEPTION AND TRAINING OF INTERNATIONAL STUDENTS AND SERVICES FOR INTERNATIONAL STUDENTS

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

1. The International Cooperation Department shall lead and coordinate with the Overseas Training Department and relevant units to prepare and complete procedures for signing Agreements and Memorandums of Understanding on receiving foreign international students to study in Vietnam.

2. The Overseas Training Department shall be responsible for:

a) Implementing the reception of international student applications and assigning educational institutions and student service centers to receive and manage foreign international students according to Agreements and Memorandums of Understanding with countries, regions, and international organizations;

b) Leading and coordinating with relevant agencies to develop policies and support systems for international students;

c) Coordinating with diplomatic missions of countries in Vietnam and Vietnamese diplomatic missions abroad in the reception and management of international students;

d) Inspecting and supervising the reception and management of international students by educational institutions and student service centers to compile and report on foreign students studying in Vietnam.

3. Departments, Bureaus, Inspectorate, and the Office of the Ministry shall cooperate with the Overseas Training Department and the International Cooperation Department to resolve issues related to foreign students studying in Vietnam within their assigned functions and responsibilities.

Article 19. Responsibilities of institutions receiving and serving international students

1. Institutions receiving and serving international students shall be responsible for managing international students throughout their entire study and living period in Vietnam; coordinating with competent authorities to resolve matters related to international students during their study and living periods in Vietnam.

2. Responsibilities of educational institutions receiving international students for preparatory Vietnamese language courses:

a) Developing programs, plans, and teaching materials for Vietnamese language communication and specialized Vietnamese language courses based on training fields, levels, and target groups of international students;

b) Cooperating with designated educational institutions to organize Vietnamese language proficiency tests upon completion of preparatory courses and issuing certificates or certifications to international students who meet the required Vietnamese language proficiency standards;

c) Closely coordinating with related educational institutions to transfer international students to formal programs after completing preparatory courses;

d) Reporting to the Ministry of Education and Training on the results of transfers and academic performance of international students immediately after completing preparatory training programs.

3. Responsibilities of educational institutions receiving agreement-based international students for formal programs:

a) Ensuring the curriculum, plan, and content, quality of specialized training for international students; arranging classes and instructors; monitoring and managing their study and research; issuing graduation diplomas or certificates within their authority; recommending the Ministry of Education and Training to adjust general training program regulations for international students if necessary.

b) Coordinate with educational training institutions for preparatory international students and educational institutions designated by the Ministry of Education and Training to organize Vietnamese language proficiency tests before admitting international students to regular courses if necessary;

c) Report to the Ministry of Education and Training on the study situation and academic performance of international students at the end of each academic year and throughout the entire course of study.

4. Responsibilities of educational institutions receiving self-funded international students

a) Only accept training of self-funded international students in fields of study that the educational institution is permitted to train;

b) Enter into training contracts with self-funded international students;

c) Prepare files and lists of self-funded international students according to the signed training contracts to report to the Ministry of Education and Training, coordinate with relevant authorities to handle matters related to receiving self-funded international students;

d) Fulfill educational and training responsibilities as stipulated in the terms of the training contract;

đ) Implementing financial management for training international students according to current financial regulations;

e) Send self-funded international students (if necessary) to Vietnamese language preparatory education institutions according to agreements and direct contracts with the preparatory training institutions;

g) Report to the Ministry of Education and Training on admission results and academic performance and discipline of international students as prescribed in Article 15 of this Regulation.

5. Responsibilities of Service Providers for International Students.

a) Being responsible for the material life and daily activities of international students within their management scope;

b) Handle policies and systems of the Socialist Republic of Vietnam for international students and implement periodic reporting on the status of international students to the directly managing authority for consolidation and reporting to the Ministry of Education and Training.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 20. Rewards and disciplinary actions for international students

1. International students who achieve outstanding results in study, research, and friendly activities shall be rewarded according to Vietnamese laws on commendation and rewards.

2. International students violating discipline will be subject to the following disciplinary measures depending on the severity of the violation:

a) Reprimand;

b) Warning;

c) Suspension of studies and repatriation;

d) Referral to competent authorities for handling according to Vietnamese laws.

3. The disciplinary measures specified in points a and b Clause 2 of this Article shall be decided by the head of the educational institution or service provider for international students. Disciplinary measures specified in points c and d Clause 2 of this Article shall be decided by the head of the educational institution or service provider for self-funded international students; in coordination with the sending party and scholarship provider to decide for other scholarship recipients; report to the Ministry of Education and Training for decision regarding agreement-based international students.

Article 21. Rewards and disciplinary actions for educational institutions and service providers for international students

1. Organizations and individuals with outstanding achievements in training, managing, and serving international students shall be rewarded according to the provisions of laws on competition and rewards.

2. Organizations and individuals who violate the regulations of this Regulation and other relevant laws shall be subject to handling according to the level of violation as stipulated by law.