Circular No. 10/2014/TT-BGDĐT Issuing the Regulation on Managing Vietnamese Citizens Studying Abroad

CIRCULAR

Issuing the Regulation on Managing Vietnamese Citizens Studying Abroad

____________________

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;

The Minister of Education and Training issues this Circular amending and supplementing certain articles of the Regulation on managing Vietnamese citizens studying abroad promulgated together with Circular No. 10/2014/TT-BGDĐT dated April 11, 2014, issued by the Minister of Education and Training.

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

The Minister of Education and Training issues this Circular to issue the Regulation on Managing Vietnamese Citizens Studying Abroad.

Article 1. Attached to this Circular is the Regulation on Managing Vietnamese Citizens Studying Abroad.

Article 2. This Circular takes effect from May 28, 2014 and replaces Decision No. 23/2001/QĐ-BGD&ĐT dated June 28, 2001 of the Minister of Education and Training on issuing the Regulation on Managing Vietnamese Citizens Studying Abroad.

Article 3. The Head of the Office, the Director of the Overseas Training Department, the Heads of relevant units under the Ministry of Education and Training; the Heads of educational institutions; organizations and individuals related shall be responsible for implementing this Circular./.

 

REGULATIONS

Managing Vietnamese Citizens Studying Abroad

(Attached to Circular No. 10/2014/TT-BGDĐT dated April 11, 2014)

of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Regulation stipulates the management work of Vietnamese citizens studying abroad, including: rights and responsibilities of Vietnamese citizens studying abroad, rewards and penalties for violations, reporting systems, and implementation organization.

Article 2. This Regulation applies to Vietnamese citizens studying abroad, including: students, trainees, learners, research fellows, interns, and persons attending continuous training courses for six months or more (hereinafter referred to collectively as overseas students); related organizations and individuals.

Article 2. Interpretation of Terms

In these Regulations, the following terms shall be understood as follows:

Point 1. Overseas students with scholarships are Vietnamese citizens studying abroad who receive full or partial funding for education costs, travel expenses, living expenses, health insurance, and other expenses related to study from one or more of the following sources:

a) State budget through ministries, sectors, provincial people's committees directly under the central government, state agencies, state-owned enterprises;

b) Scholarships within the framework of Agreements, Cooperation Agreements between the Socialist Republic of Vietnam and countries, regions, or international organizations;

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

Point 2. Self-funded overseas students are Vietnamese citizens studying abroad using funds not from the sources specified in Clause 1 of this Article.

Point 3. The supervisory agency is the agency recruiting and managing overseas students; the agency nominating, introducing overseas students to study abroad and committing to accepting them for employment upon graduation.

Point 4. The dispatching agency is the authority issuing the final decision on sending overseas students to study abroad, deciding on scholarship grants (if applicable) for overseas students.

Chapter II

MANAGEMENT OF OVERSEAS STUDENTS

Article 3. Rights and Responsibilities of Overseas Students

Point 1. Rights of overseas students

a) Overseas students with outstanding academic and research results confirmed by the foreign educational institution will be prioritized in selection and provided conditions to continue studying at higher levels;

b) Overseas students are allowed to return to Vietnam for internships, collecting materials to serve their study programs; they can take summer and public holidays according to the regulations of the educational institution; during summer and holiday periods, they may return to Vietnam, visit relatives in another country (third country), invite relatives to visit if approved by the competent authority of the host country;

c) Overseas students are protected by Vietnamese representative offices abroad in consular matters and their legitimate rights during their stay for study abroad; in case of need to resolve consular issues (passports, visas) and judicial issues (marriage registration, birth registration), Vietnamese representative offices abroad will handle them within their jurisdiction.

Point 2. Responsibilities of overseas students

a) Strictly comply with Vietnamese laws, laws, and customs of the host country; implement internal rules and regulations of the educational institution; maintain and develop friendly relations with organizations, individuals, and local communities in the host country;

b) Register as Vietnamese citizens abroad according to the current regulations of the Ministry of Foreign Affairs. Actively participate in activities organized by Vietnamese representative offices abroad. Register overseas student information into the electronic database system for managing overseas students, report academic and research results according to Articles 4 and 5 of this Regulation;

c) Overseas students with scholarships must strictly adhere to the regulations on study duration, level of training, field of study, country of study, and educational institution as decided by the competent authority. In case of valid reasons requiring changes to study duration, field of study, country of study, or educational institution, they shall follow the provisions of Articles 6, 7, and 9 of this Regulation;

d) Overseas students with scholarships who fail to fulfill their study obligations or do not comply with job assignments by state authorities after graduation must reimburse the scholarship and training costs according to current regulations.

Article 4. Registration of Information in the Electronic Database System for Overseas Students Management

1. The Electronic Database System for Overseas Students Management is established and managed by the Ministry of Education and Training at the address: https://lhsvn.vied.vn.

2. Within the latest 30 days after arriving abroad to study, overseas students must register their information in the Electronic Database System for Overseas Students Management and update their information in the System when there are changes. Overseas students shall register their information according to the instructions available at the address: https://lhsvn.vied.vn.

3. In cases where overseas students graduate from foreign educational institutions and have the need for recognition of equivalence of diplomas issued by foreign educational institutions or return to continue studying in Vietnam, the Ministry of Education and Training will consider and resolve based on the information registered by overseas students in the Electronic Database System for Overseas Students Management.

Article 5. Submission of Reports During Study Abroad Period

1. Scholarship recipients must submit progress reports along with academic results to the dispatching agency after each semester and academic year. Progress reports serve as the basis for granting scholarships to overseas students during subsequent periods of study. Progress reports shall be carried out according to Model No. 01 attached to this Regulation.

2. Self-funded overseas students must update their information at least once every six months or when there are changes in the Electronic Database System for Overseas Students Management at the address: https://lhsvn.vied.vn.

Article 6. Transfer of School, Country, or Field of Study

1. If scholarship recipients have legitimate reasons to transfer schools, countries, or fields of study, they must report to the dispatching agency and obtain written approval from that agency.

2. Scholarship recipients requesting to transfer schools, countries, or fields of study must submit one set of application documents to the dispatching agency including the following documents:

a) Application form (according to Model No. 02 attached to this Regulation);

b) Written documentation from the foreign educational institution, both the sending and receiving institutions, regarding the student's transfer of school, country, or field of study;

c) Written consent from the managing agency of the overseas student regarding the transfer of school, country, or field of study (for overseas students with a managing agency);

d) Academic results up to the time of requesting the transfer of school, country, or field of study.

3. If scholarship recipients transfer schools, countries, or fields of study without permission from the dispatching agency, they will not be considered for scholarship funding for the new field of study or at the new school.

Article 7. Suspension of Studies, Retention, and Repeating Courses

1. If scholarship recipients must suspend studies due to force majeure, they must report in writing to the dispatching agency and obtain written permission from that agency, clearly specifying the duration of the suspension. During the suspension period, scholarship recipients will not receive scholarship funding.

2. Scholarship recipients funded from sources specified in point a, b Clause 1, Article 2 of this Regulation, if they fail to complete the training program of the semester or academic year as required by the foreign educational institution, during the retention period or the period of repeating courses, they will not receive scholarship funding. The continuation of state budget scholarships will be decided by the dispatching agency after the overseas student has achieved satisfactory results in the repeated courses to continue receiving scholarships. In cases where scholarships are fully provided by the foreign side, the decision on suspension, maintenance, or continuation of scholarship funding will be determined by the foreign side.

Article 8. Continuation Study

1. Continuation study refers to overseas students who have completed secondary school, undergraduate, or master's degrees abroad and are granted scholarships to continue their studies at higher levels immediately after graduation. Priority will be given to those students with excellent academic records and whose foreign educational institutions provide part or full funding for training costs.

2. The conditions for continuation study and application procedures for continuation study shall be implemented according to the provisions set out in point b, Clause 2, Article 9 and Article 11 of the Enrollment Regulations for Overseas Studies issued together with Circular No. 01/2013/TT-BGDĐT dated January 29, 2013 by the Minister of Education and Training.

3. The quota for continuation study under scholarship programs managed by the Ministry of Education and Training shall be determined in the enrollment announcement for scholarship programs.

Article 9. Extension of Study Period for Overseas Students

1. When the period allowed for overseas scholarship students to study abroad has expired and they have not yet completed their program of study, they must submit an application for extension of their study period abroad to the dispatching agency for consideration and issuance of a decision allowing the overseas student to extend their study period abroad.

2. Application for Extension of Study Period

Overseas scholarship students applying for an extension of their study period abroad must submit one complete application package to the dispatching agency, including the following documents:

a) An application form requesting an extension of the study period, specifying the reasons for the request, the duration of the requested extension, and the source of funding for the extended study period (according to Model No. 03 attached to this Regulation);

b) A report on the progress of studies from the start of studying abroad until the time of the extension request (according to Model No. 01 attached to this Regulation);

c) A document from the foreign educational institution stating that the overseas student must extend their study period and the funding for the extended period;

d) The opinion of the managing agency regarding the extension (for overseas students with a managing agency).

3. The application for extension of the study period must be submitted to the dispatching agency at least 30 working days before the expiration date of the study period stated in the dispatch decision. Within 20 working days from the date of receiving a complete and valid application, the dispatching agency shall issue a decision allowing the overseas student to extend their study period abroad.

4. If overseas scholarship students fail to process the extension of their study period within 30 working days after the expiration date of the study period stated in the dispatch decision or do not process the extension with the dispatching agency, they will not be entitled to financial support from the state budget from the date of expiration of the initial study period stated in the dispatch decision.

5. Self-funded overseas students shall follow the extension procedures as prescribed by their managing agency (if applicable) or by the foreign educational institution and the host country.

Article 10. Reception of Overseas Students Returning to Vietnam

1. Overseas students returning to Vietnam include those who have completed their training programs and graduated (hereinafter referred to as graduated overseas students) and those who have not completed their training programs and have not graduated but have returned to Vietnam (hereinafter referred to as non-graduated overseas students).

2. Reception of Graduated Overseas Scholarship Students Returning to Vietnam

a) Within 20 working days from the date of return to Vietnam, graduated overseas scholarship students must submit their return application to the dispatching agency. Within 20 working days from the date of receiving a complete and valid application as stipulated in point b of this clause, the dispatching agency shall issue a letter introducing the overseas student to the managing agency of the overseas student (for overseas students with a managing agency) or introduce the overseas student to agencies interested in hiring the overseas student (for overseas students without a job).

b) Graduated overseas scholarship students returning to Vietnam must submit one complete application package to the dispatching agency, including the following documents:

- Graduation report (according to Model No. 04 attached to this Regulation);

- Certified copies and valid translations into Vietnamese of the graduation certificate and academic transcript. In cases where a certificate has not been issued, a certificate confirming completion of the course along with the grade sheet (for undergraduate and master’s degree graduates) and confirmation of research results and thesis defense (for doctoral degree graduates) shall be submitted;

- Receipt of submission of the thesis to the National Library of Vietnam or the Ho Chi Minh City General Science Library (for doctoral degree graduates);

- Boarding pass and a copy of the passport page containing the photo and entry stamp upon return to Vietnam;

- Application for reimbursement of unissued funds (if applicable) accompanied by original supporting documents and a valid translation into Vietnamese.

3. Reception of Non-Graduated Overseas Students Returning to Vietnam

a) Non-graduated overseas students returning to Vietnam, if they wish to continue their studies in Vietnam and have complete documentation as required in point b of this clause, may register to continue their studies at domestic educational institutions.

b) Documentation for Non-Graduated Overseas Students Returning to Vietnam

Overseas students wishing to transfer from a foreign university back to Vietnam to continue their studies must submit one complete application package to the domestic educational institution they plan to enroll in, including the following documents:

- An application form requesting transfer from a foreign educational institution to continue studies in Vietnam (according to Model No. 05 attached to this Regulation);

- Certified copies and valid translations into Vietnamese of the grade sheet or a certificate confirming the academic record of the overseas student from the start of studying abroad until the date of return;

- Certified copies and valid translations into Vietnamese of a document confirming withdrawal from studies and the reason for withdrawal issued by the foreign educational institution or relevant authorities in the host country;

- The opinion of the dispatching agency regarding the return of non-graduated overseas students (if applicable);

- The opinion of the managing agency regarding the return of non-graduated overseas students (for overseas students with a managing agency);

- Certified copies of documents concerning admission, enrollment, and academic performance at domestic higher education institutions prior to studying abroad (if applicable);

- The opinion in writing of the Vietnamese representative office in the host country regarding the return of non-graduated overseas students (if applicable);

- Medical examination and treatment certificate, and medical treatment prescription issued by the competent health authority in the host country for cases returning to their home country due to health reasons, along with a valid translation into Vietnamese.

c) The head of the educational institution shall be responsible for handling the procedures for receiving exchange students who wish to continue their studies at that institution. The maximum time limit for processing the procedures for exchange students who have not yet graduated and are returning to their home country is thirty working days from the date of receipt of complete and valid application files. In case the educational institution does not accept the exchange student to continue their studies within the country, it must respond in writing, clearly stating the reasons for refusal.

Chapter III

REWARD AND DISCIPLINARY MEASURES FOR EXCHANGE STUDENTS

Article 11. Reward for exchange students

1. Exchange students who achieve outstanding results in their studies, scientific research, and friendly activities, have registered their information according to the provisions of Article 4 of this Regulation, comply well with Vietnamese laws and regulations and those of the host country, and have confirmation from the Vietnamese representative office abroad may be awarded a Certificate of Merit by the Minister of Education and Training or a Letter of Commendation by the Director of the Department of International Training.

2. Criteria for exchange students recommended for awarding a Certificate of Merit by the Minister of Education and Training

a) Possess good moral character, unity, and serve as a model in implementing the policies and laws of Vietnam and the host country, as well as the rules of the foreign educational institution;

b) Complete the training program ahead of schedule and achieve excellent academic results throughout the course according to the regulations of the educational institution where the exchange student studied, or have a scientific research project that has won an international award (at the provincial, city, or state level and above).

3. Criteria for exchange students recommended for awarding a Letter of Commendation by the Director of the Department of International Training

a) Possess good moral character, unity, and serve as a model in implementing the policies and laws of Vietnam and the host country, as well as the rules of the foreign educational institution;

b) Complete the training program ahead of schedule and achieve excellent or very good academic results throughout the course according to the regulations of the educational institution where the exchange student studied, or have a scientific research project that has won an international award (at the university, institute, or academy level and above).

4. Application for reward

Exchange students meeting all reward criteria shall submit one set of application documents to the Department of International Training, Ministry of Education and Training before September 30 each year, including the following documents:

a) An individual achievement report of the exchange student not exceeding four pages A4, content according to Model No. 06 attached to this Regulation;

b) Confirmation and support letter from the Vietnamese representative office abroad;

c) Confirmation letter from the foreign educational institution certifying that the exchange student completed the course ahead of schedule with excellent or very good academic results, or confirming the scientific research project that has won an international award (original and a valid translation into Vietnamese).

5. Receipt and review of applications

The Department of International Training shall receive applications for rewards, review the applications, prepare a report (including a list and achievement report) to submit to the Ministry of Education and Training's Competition and Reward Council for consideration, and submit to the Minister for decision in cases of awarding Certificates of Merit by the Minister; the Director of the Department of International Training decides in cases of awarding Letters of Commendation by the Director.

6. In addition to rewards stipulated in this Article, exchange students with particularly outstanding achievements may also be rewarded by authorized bodies through other forms of recognition as prescribed by laws on competition and reward.

Article 12. Handling Violations by Overseas Students

1. Overseas students who violate Vietnamese laws, laws of the host country, or regulations of foreign educational institutions regarding study and living will be subject to handling by the Vietnamese representative office abroad, the Ministry of Education and Training, or the dispatching agency according to the following forms depending on the nature and degree of violation:

a) Reprimand;

b) Warning;

c) Compelling withdrawal from studies and return to Vietnam.

2. Overseas students who are civil servants, public officials, or employees who violate Vietnamese laws, laws of the host country, or regulations of foreign educational institutions regarding study and living, in addition to the handling measures prescribed in Clause 1 of this Article, shall also be handled in accordance with the laws on civil servants, public officials, and employees.

Chapter IV

IMPLEMENTATION

Article 13. Responsibilities of Agencies and Organizations Dispatching Overseas Students

1. Ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees under central cities that dispatch overseas students; organizations providing services for overseas student counseling have the responsibility to manage overseas students during their study period abroad, urge overseas students to comply with the provisions of this Regulation and other related regulations.

2. The agencies and organizations specified in Clause 1 of this Article shall implement reporting systems for managing overseas students as follows:

a) Before January 15th each year, Ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees under central cities shall submit reports on student recruitment and dispatching of overseas students to the Ministry of Education and Training (Overseas Training Department) using Forms 07, 08, and 09 attached as an appendix to this Regulation;

b) Before January 15th each year, organizations providing services for overseas student counseling shall submit reports on overseas students studying abroad to the Department of Education and Training where they have registered their headquarters and simultaneously send copies to the Ministry of Education and Training (Overseas Training Department) using Forms 07, 08, and 09 attached as an appendix to this Regulation;

c) Agencies and organizations shall simultaneously send the reports specified in points a and b of Clause 2 of this Article to the email address: [email protected].

Article 14. Responsibilities of Units Under the Ministry of Education and Training

1. Responsibilities of the Overseas Training Department:

a) Take the lead and coordinate with relevant units under the Ministry of Education and Training and the Ministry of Foreign Affairs to manage overseas students in accordance with this Regulation and related documents;

b) Develop and manage the electronic database system for managing overseas students;

c) Conduct statistical work on overseas students studying abroad;

d) Perform other tasks related to managing overseas students studying abroad.

2. Responsibilities of Relevant Units Under the Ministry of Education and Training:

a) The Cadre and Civil Servant Organization Department shall take the lead and coordinate with the Overseas Training Department and the International Cooperation Department to select cadres to work on managing overseas students at Vietnamese representative offices abroad;

b) The International Cooperation Department shall take the lead and coordinate with Vietnamese representative offices abroad and the Overseas Training Department to verify the quality and reputation of foreign educational institutions accepting overseas students;

c) The Testing and Quality Assurance Department shall take the lead and coordinate with the International Cooperation Department and the Overseas Training Department to review and recognize diplomas issued by foreign educational institutions to Vietnamese citizens, ensuring that overseas students whose diplomas are recognized have completed information registration in the electronic database system for managing overseas students;

d) Other Departments, Bureaus, and units shall cooperate with the Overseas Training Department to handle matters related to managing overseas students in accordance with their assigned functions and responsibilities.