Decision No. 05/2013/QD-TTg on Vietnamese citizens studying abroad

Pursuant to …;

Regulations on Vietnamese citizens studying abroad

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

BASED ON THE EDUCATION LAW ON JUNE 14, 2005; THE AMENDMENT AND SUPPLEMENT TO CERTAIN PROVISIONS OF THE EDUCATION LAW ON NOVEMBER 25, 2009;

Based on Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

At the proposal of the Minister of Education and Training;

The Prime Minister issues this Decision to regulate Vietnamese citizens studying abroad,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision regulates the management of Vietnamese citizens studying abroad, the management of overseas study counseling services, commendation, and handling violations concerning scholarship students, organizations sending or providing overseas study counseling services for Vietnamese citizens studying abroad.

Article 2. Applicability

This Decision applies to the following individuals and organizations:

1. Vietnamese citizens studying abroad for six consecutive months or longer;

2. Organizations sending or providing overseas study counseling services for Vietnamese citizens studying abroad;

3. Domestic and foreign agencies and organizations responsible for managing Vietnamese citizens studying abroad.

Article 3. Explanation of Terms

3. On-site commander for organizing search and rescue operations for inland waterway traffic (hereinafter referred to as on-site commander) is the person coordinating search and rescue activities, maintaining communication between the site and the main search and rescue agency, and implementing instructions from the main search and rescue agency to organize search and rescue operations at the site.

1. Vietnamese citizens studying abroad, including: students, trainees, learners, research fellows, interns, and persons participating in training courses or refresher courses lasting six consecutive months or longer (hereinafter collectively referred to as scholarship students);

2. Scholarship students are those who go abroad to study and receive full or partial funding for tuition fees, travel expenses, living expenses, and other expenses related to their studies from one or more sources among the following funds:

a) State budget through ministries, sectors, provincial People's Committees under the central government, state agencies, and state-owned enterprises;

b) Scholarships within the framework of agreements or cooperation arrangements between Vietnam and foreign countries or with international organizations;

c) Scholarships provided by foreign governments, territories, international organizations, non-governmental organizations, or individuals through the Vietnamese government.

3. Self-funded scholarship students are those who go abroad to study using funds not included in the sources specified in Clause 2 of this Article;

4. Overseas study counseling services include activities such as introducing and advising information about schools and courses abroad; organizing advertising, conferences, seminars, fairs, and exhibitions on studying abroad; organizing overseas student recruitment; organizing language, cultural, and other necessary skill training for Vietnamese citizens studying abroad; organizing the transportation of students to study abroad, and accompanying parents or guardians to visit educational institutions abroad before deciding to study there; organizing the transportation of students to foreign educational institutions when they are accepted by such institutions; monitoring and supporting scholarship students during their study period abroad, and other activities related to sending Vietnamese citizens abroad to study.

Chapter II

MANAGEMENT OF VIETNAMESE CITIZENS STUDYING ABROAD

Article 4. Recruitment and Sending Vietnamese Citizens Abroad to Study

1. The Ministry of Education and Training conducts recruitment and sends Vietnamese citizens abroad to study using the following sources of funding:

a) State budget scholarships according to projects and programs approved by the Government or the Prime Minister;

b) Scholarships under agreements or cooperation arrangements between Vietnam and foreign countries or with international organizations;

c) Scholarships provided by foreign governments, territories, international organizations, non-governmental organizations, or individuals through the Vietnamese government.

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government conduct recruitment and send Vietnamese citizens abroad to study using state budgets after reaching consensus with the Ministry of Education and Training regarding the number, level, and fields of study.

3. Agencies and organizations sending Vietnamese citizens abroad to study, providing overseas study counseling services, and sending self-funded scholarship students abroad to study must implement sending or providing overseas study counseling services and sending Vietnamese citizens abroad to study according to written agreements with the students and comply with reporting requirements stipulated in Article 5 of this Decision.

Article 5. Reporting System

1. Before January 15 each year, organizations specified in Clauses 2 and 3 of Article 4 of this Decision shall submit reports on recruitment and sending Vietnamese citizens abroad to study to the Ministry of Education and Training; overseas study counseling service organizations shall submit activity reports to the Department of Education and Training where their headquarters are located, while also submitting to the Ministry of Education and Training for monitoring, management, and information consolidation, and reporting to the Prime Minister.

2. Before February 15 each year, the Ministry of Education and Training shall submit a report to the Prime Minister on Vietnamese citizens studying abroad.

Article 6. Electronic Database System for Overseas Student Management and Registration

1. The electronic database system for overseas student management shall be established and managed by the Ministry of Education and Training.

2. Agencies, organizations, and individuals specified in Article 2 of this Decision shall have the responsibility to provide information into the electronic database system for overseas student management.

3. Vietnamese citizens studying abroad shall register their overseas student information into the electronic database system for overseas student management immediately upon arrival at the study destination and update the information in the system when there are changes.

4. The Ministry of Education and Training shall consider recognizing equivalency of diplomas issued by foreign educational institutions based on the information registered by Vietnamese citizens studying abroad into the electronic database system for overseas student management.

5. Organizations responsible for managing Vietnamese overseas students both domestically and abroad, organizations sending or providing services for overseas education consultation and sending Vietnamese citizens abroad for study shall have the responsibility to urge the overseas students under their management, dispatch, or send to register their overseas student information into the electronic database system for overseas student management.

Article 7. Responsibilities of Vietnamese Representative Offices Abroad

Vietnamese representative offices abroad shall have the following responsibilities:

1. Supporting registration, protecting citizens' rights, and promptly addressing issues related to the rights and responsibilities of overseas students as stipulated;

2. Assisting and encouraging overseas students to study diligently, cultivate moral character and political qualities, maintain and contribute to developing friendly relations between Vietnam and other countries; disseminating, guiding, and supervising overseas students to implement Party policies, State regulations, and provisions of this Decision; educating political ideology, ensuring group activities of overseas students according to guidance from Vietnamese political and socio-political organizations;

3. Developing and expanding educational cooperation with training institutions and local authorities; seeking and exploiting scholarship sources for Vietnam; researching the education policy and system of the host country to advise the Government and relevant agencies on developing Vietnam's education and sending overseas students to study fields, sectors, and levels that match the training capacity of the host country and meet the needs for human resource development in Vietnam;

4. Annually preparing budgets, receiving funds allocated for overseas students (if any) and funds for the work of overseas student management of Vietnamese representative offices abroad. Organizing timely distribution, use, and settlement of funds in accordance with regulations and designated recipients;

5. Establishing sections dedicated to overseas student management on the website of Vietnamese representative offices abroad;

6. Before January 15th each year, submitting reports on overseas student management to the Ministry of Education and Training for consolidation and reporting to the Prime Minister.

Article 8. Overseas Student Support Fund

1. The overseas student support fund is a social fund established and operated in accordance with laws governing the organization and operation of social and charitable funds, aimed at supporting overseas students in their studies and scientific research; encouraging overseas students to participate in common activities organized by the Ministry of Education and Training and Vietnamese representative offices abroad; supporting overseas students to have opportunities to study at high-quality training institutions; supporting rewards and risk resolution for overseas students.

2. The overseas student support fund shall be formed from the following sources:

a) Contributions from organizations and individuals both domestically and abroad;

b) Income from activities regulated by law;

c) Support from the state budget when performing tasks assigned by competent state authorities;

d) Other lawful sources of revenue.

3. The overseas student support fund shall be managed by the Ministry of Education and Training, operate without profit-making objectives, be exempted from tax, maintain independent accounting, possess legal personality, and be allowed to open bank accounts.

Chapter III

MANAGEMENT OF OVERSEAS EDUCATION CONSULTATION SERVICES

Article 9. Educational Consultation Service Organizations

Educational consultation service organizations include:

1. Enterprises established and operating in accordance with the Enterprise Law that have the function of providing educational consultation services.

2. Public institutions approved by competent authorities to provide educational consultation services.

Article 10. Competence and Conditions for Issuing the Registration Certificate for Educational Consultation Services

1. The Department of Education and Training issues the Registration Certificate for Educational Consultation Services to organizations applying to operate educational consultation services.

2. Educational consultation service organizations shall be issued the Registration Certificate for Educational Consultation Services when they meet the following conditions:

a) Established in accordance with the law;

b) Having headquarters, facilities, and equipment meeting the requirements for providing educational consultation services;

c) Possessing sufficient financial resources to ensure the resolution of risk cases; having a minimum deposit of VND 500,000,000 (five hundred million dong) at a commercial bank;

d) The head of the educational consultation service organization and direct educational consultants must have a university degree or higher, proficiency in at least one foreign language, and a certificate in educational consultation training issued by the Ministry of Education and Training.

3. Educational consultation service organizations are only permitted to operate and provide educational consultation services from the date they are issued the Registration Certificate for Educational Consultation Services.

4. The Department of Education and Training is responsible for sending the Ministry of Education and Training a list of educational consultation service organizations that have been certified to operate so that the Ministry of Education and Training can publicly announce it on its electronic information website.

Article 11. Documents for Requesting the Issuance of the Registration Certificate for Educational Consultation Services

The documents for requesting the issuance of the Registration Certificate for Educational Consultation Services include:

1. A request for issuance of the Registration Certificate according to Model No. 01 attached to this Decision;

2. An operational plan of the educational consultation service organization confirmed by the legal representative, including main contents such as: Objectives, activities; facilities; financial capacity; qualifications and capabilities of the head and direct educational consultants; ability to exploit and develop overseas education services; arguments about the organization's operational capability; implementation plans, organizational measures; service consultation organization schemes; risk resolution plans;

3. A valid copy of the Business Registration Certificate or Establishment Decision or Investment License;

4. The curriculum vitae of the head of the educational consultation service organization confirmed by the competent authority according to Model No. 02 attached to this Decision;

5. A list of direct educational consultants including the following main information: Name, date of birth, gender, professional qualification, language proficiency, position to be held at the educational consultation service organization;

6. A copy of the certificate confirming participation in educational consultation training courses for the head and direct educational consultants at the educational consultation service organization.

Article 12. Procedures and formalities for registration and issuance of the Certificate of Registration for Educational Consultation Services

1. An educational consultation service organization shall submit one set of application documents for the Certificate of Registration for Educational Consultation Services in accordance with Article 11 of this Decision to the Department of Education and Training at the location where its headquarters is situated.

2. Within twenty-five working days from the date of receiving complete and valid application documents, the Department of Education and Training shall issue the Certificate of Registration for Educational Consultation Services according to Model No. 03 attached to this Decision; in case of non-issuance, it must provide a written response stating the reasons.

Article 13. Responsibilities of educational consultation service organizations

1. To commence operations within sixty days from the date of issuance of the Certificate of Registration for Educational Consultation Services.

2. To be responsible under the law and publicly disclose information related to educational institutions, accreditation status, and quality certification issued by competent authorities in the host country to those who wish to study abroad.

3. To proactively coordinate with relevant agencies to protect the legitimate rights and interests of students studying abroad.

4. To enter into contracts with individuals wishing to study abroad or their parents or legal guardians based on mutual agreement and voluntariness, clearly stipulating the rights, responsibilities, and commitments of each party.

5. To comply with reporting requirements as directed by the Ministry of Education and Training.

Article 14. Suspension of educational consultation services activities

1. Educational consultation service organizations shall have their activities suspended in the following cases:

a) Fraudulent acts to obtain the Certificate of Registration for Educational Consultation Services;

b) Failure to meet any of the conditions specified in Clause 2, Article 10 of this Decision;

c) Ceasing operations for six consecutive months from the date of permission to operate without notifying the issuing authority;

d) Violating education laws and regulations resulting in administrative penalties that require suspension;

đ) Leasing or lending out the Certificate of Registration for Educational Consultation Services;

f) Other cases as prescribed by law.

2. The decision to suspend the activities of an educational consultation service organization must clearly state the reasons for suspension, the duration of suspension, and measures to ensure the rights of learners. Such decisions must be publicly announced in at least one local newspaper in the location where the educational consultation service organization is headquartered for three consecutive issues and on the website of the Ministry of Education and Training.

3. An educational consultation service organization may resume operations when it meets all conditions for providing educational consultation services. Decisions allowing resumption of operations must be published in at least one local newspaper in the location where the educational consultation service organization is headquartered for three consecutive issues and on the website of the Ministry of Education and Training.

Article 15. Revocation of the Certificate of Registration for Educational Consultation Services

1. The Certificate of Registration for Educational Consultation Services shall be revoked in the following cases:

a) The educational consultation service organization is dissolved in accordance with the law;

b) During the period of suspension, the educational consultation service organization continues to provide educational consultation services;

c) Within five years from the date of issuance of the Certificate of Registration for Educational Consultation Services, the educational consultation service organization has been suspended three times;

d) After the suspension period, the educational consultation service organization fails to meet the conditions for resuming operations;

đ) Other cases as prescribed by law.

2. The decision to revoke the Certificate of Registration for Educational Consultation Services must clearly state the reasons for revocation, measures to ensure the rights of learners and employees. Such decisions must be published in at least one local newspaper in the location where the educational consultation service organization is headquartered for three consecutive issues and on the website of the Ministry of Education and Training.

Article 16. Authority to Suspend Operations and Revoke the Certificate of Operation for Overseas Education Consulting Services

1. The Department of Education and Training has the authority to suspend operations and revoke the Certificate of Operation for overseas education consulting services that have been issued.

2. When discovering violations by overseas education consulting service organizations, the Ministry of Education and Training shall be responsible for requesting the Department of Education and Training to suspend operations of the overseas education consulting service organization or to revoke the Certificate of Operation for overseas education services that have been issued.

Article 17. Professional Training for Overseas Education Consulting Services

1. The head and those directly engaged in overseas education consulting work must undergo professional training for overseas education consulting services.

2. The Ministry of Education and Training shall specify in detail the program, content, form of training, examination, certification for professional training in overseas education consulting services.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 18. Awards for Overseas Students

1. Self-funded overseas students studying at educational institutions recognized or quality-assessed by the competent authority of the host country, who have registered information on overseas students as prescribed in Clause 3, Article 6 of this Decision, and have outstanding academic achievements and research results, shall be considered for awards by the Ministry of Education and Training. The award funds shall be drawn from the Overseas Student Support Fund.

2. Scholarship-funded overseas students who complete their study programs with outstanding results ahead of the time specified in the decision of the dispatching authority or during their studies abroad, achieving outstanding academic and research results and receiving tuition fee reductions or scholarships from foreign educational institutions, shall be considered for awards by the Ministry of Education and Training. The award funds shall be drawn from the state budget.

3. Overseas students who achieve outstanding results in studies, scientific research, friendly activities, and comply well with Vietnamese and host country regulations, with confirmation from the Vietnamese representative office abroad, may be awarded Certificates of Merit according to the laws on competition and rewards.

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training to guide the reward system for overseas students.

Article 19. Handling Violations by Overseas Students

1. Scholarship-funded overseas students as defined in Points a and b, Clause 2, Article 3 of this Decision, if they fail to meet the requirements of the foreign educational institution's academic year or semester program or are suspended from receiving scholarships by the foreign side, will not receive state scholarship funding during the period of suspension, repeat courses, or retake exams. The continuation of state scholarships will be decided by the dispatching authority as stipulated in Clauses 1 and 2, Article 4 of this Decision after the overseas student achieves satisfactory results in repeated courses or exams or resumes scholarship funding from the foreign side.

2. Scholarship-funded overseas students must reimburse scholarships and training costs in the following cases:

a) Not participating in the course after registering for admission and having received training funding;

b) Voluntarily dropping out during the period of being dispatched for training;

c) Not obtaining a degree or certificate upon completion of the course, except in cases of force majeure;

d) Being expelled or deported;

đ) Resigning or voluntarily leaving the job before completing the required service period under current regulations.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training to guide the reimbursement of scholarships and training costs for the cases stipulated in Clause 2 of this Article.

Article 20. Rewards and Handling Violations for Organizations Sending Vietnamese Citizens Abroad to Study, Service Providers for Overseas Education, and Organizations Managing Overseas Students

1. Organizations sending Vietnamese citizens abroad to study, service providers for overseas education, and organizations managing overseas students who have achievements in supporting and managing overseas students shall be considered for rewards according to the laws on competition and rewards.

2. Organizations sending Vietnamese citizens abroad to study, service providers for overseas education, and organizations managing overseas students who violate the provisions of this Decision and other laws shall be subject to handling according to the law, depending on the level of violation.

Chapter V

IMPLEMENTATION

Article 21. Responsibilities of Ministries and Sectors

b) Inspect and supervise educational institutions in implementing vaccination work.

a) Building and submitting to competent authorities for issuance, or issuing within their authority, legal normative documents related to Vietnamese citizens studying abroad;

b) Conducting comprehensive inspections and supervision of overseas education consulting services;

c) Taking the lead and coordinating with the Ministry of Foreign Affairs and relevant ministries and sectors to manage overseas students.

2. The Ministry of Foreign Affairs shall direct Vietnamese representative offices abroad to implement overseas student management work as stipulated in Article 7 of this Decision.

3. The Ministry of Finance shall ensure the balance of funding sources to implement projects sending Vietnamese citizens abroad to study from state budget funds or under agreements and cooperation arrangements between Vietnam and foreign countries or international organizations; coordinate with the Ministry of Education and Training to develop support policies and systems for Vietnamese overseas students funded from the state budget.

Article 22. Responsibilities of Provincial People's Committees under the Central Government

1. Manage and send Vietnamese citizens to study abroad within their authority.

2. Annually notify the demand for recruitment of graduated overseas students to the Ministry of Education and Training for coordination in introducing overseas students back to the country to seek employment.

Article 23. Implementation Provisions

This Decision takes effect from March 10, 2013.

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the central government, Heads of Vietnamese representative offices abroad, organizations, individuals concerned, and overseas students are responsible for implementing this Decision./.