Decision No. 104/2005/QĐ-BNV on the issuance of the Regulation on sending officials and civil servants to overseas training and capacity building funded by the state budget.

DECISION OF THE MINISTER OF HOME AFFAIRS

Regarding the issuance of the Regulation on sending officials and civil servants to training and capacity building abroad using state budget funds,

training abroad funded by state budget

_____________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decision No. 161/2003/QĐ-TTg dated August 4, 2003 of the Prime Minister promulgating the Regulation on Training and Capacity Building for State Officials and Civil Servants;

Considering the proposal of the Director of the Department of Cadre Training and Civil Servant Development under the State;

DECISION:

Article 1. The attached Decision promulgates the Regulation on sending officials and civil servants to training and capacity building abroad using state budget funds.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. Ministers, Heads of ministerial-level agencies and agencies under the Government, Chairpersons of provincial People's Committees under the central government, and Heads of related units shall be responsible for implementing this Decision./.

REGULATION ON SENDING OFFICIALS AND CIVIL SERVANTS TO TRAINING AND CAPACITY BUILDING ABROAD USING STATE BUDGET FUNDS

TRAINING ABROAD FUNDED BY STATE BUDGET
(Issued together with Decision No. 104/2005/QĐ-BNV dated October 3, 2005

of the Minister of Home Affairs)

PART I

GENERAL PROVISIONS

This Circular stipulates detailed regulations on pharmaceutical business, including:

This Regulation stipulates the procedures for sending officials and civil servants to training and capacity building abroad using state budget funds, including:

1. Developing plans for sending officials and civil servants from state agencies to training and capacity building abroad for ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to collectively as ministries and sectors), and provincial People's Committees (hereinafter referred to collectively as provincial People's Committees).

2. Specifying the content, program, form of training and capacity building; the process of selecting and sending officials and civil servants to training and capacity building abroad and management work during the study period abroad for ministries and sectors, and provincial People's Committees using state budget funds.

Subjects

1. Officials and civil servants in leadership and management positions at or above Deputy Department Director level working in central ministries and sectors;

2. Officials and civil servants in leadership and management positions at or above Deputy Director level of provincial departments, branches, and sectors working under provincial People's Committees;

3. Chairpersons and Deputy Chairpersons of People's Councils and People's Committees at district, town, city, and provincial capital levels and cities directly under the central government;

4. Officials and civil servants engaged in advisory and policy formulation work;

5. Officials and civil servants within the cadre planning scope;

6. Lecturers of state institutions for training and capacity building of officials and civil servants;

7. Other subjects when required by the Minister, Head of a ministerial-level agency, agency under the Government, or Chairperson of a provincial People's Committee.

Article 3. Criteria for sending officials and civil servants to training and capacity building abroad

1. Loyalty to the country, strict compliance with the Party's policies and the State's laws. Good moral character, sense of organizational discipline, spirit of unity and cooperation, and sense of responsibility towards state agencies.

2. Possessing professional qualifications suitable for the content and program of the training and capacity building course, capable of absorbing knowledge that serves practical tasks of the agency.

3. For those within the cadre planning scope (as specified in Point 5 of Article 2 of this Regulation), males not exceeding 45 years old and females not exceeding 40 years old, with at least three years of service in the sector.

4. Not sending officials and civil servants to training and capacity building abroad for the purpose of resolving policy issues and those who are currently under disciplinary review, subjects under investigation, inspection, and those who do not ensure health conditions for study.

5. For long-term training courses for officials and civil servants abroad, criteria and selection processes shall be determined by the Minister of ministries, Head of ministerial-level agencies, agencies under the Government, and Chairperson of provincial People's Committees in accordance with the characteristics and requirements of tasks of ministries and sectors, and localities.

Article 4. Purpose of sending officials and civil servants for training abroad:

1. To study and exchange experience in managing the state administrative system, professional management, business skills of the sector and field, and experience in international economic integration.

2. To enhance knowledge, work capacity, management skills, organizational and implementation skills of professional tasks of the sector and field for the cadre and civil servant leadership team, civil servants engaged in policy advisory planning work, and cadres identified for future planning.

3. To broaden the vision and understanding of the cadre and civil servant team to improve the quality and effectiveness of their work.

Article 5. Principles for sending officials and civil servants for training abroad:

1. To select the right candidates based on the criteria specified in Article 2 of this Regulation.

2. The selection of countries for sending officials and civil servants for training must be based on:

a) Countries that have achieved advanced economic and technical achievements and have management experience in the fields to be studied and researched, which can be applied to Vietnam's practical context;

b) Training institutions in the selected country must have conditions for learning and research, teaching methods that meet the objectives and content of the training program.

3. To ensure efficiency, practicality, economy, transparency, and democracy.

Chapter II

TRAINING PLAN AND TRAINING CONTRACTS

Article 6. On plan development

1. Ministries, sectors, provincial People's Committees: Each year, they shall develop a training and capacity-building plan for officials and civil servants abroad for the following year and submit it to the Ministry of Home Affairs before August 1st. The training and capacity-building plans for officials and civil servants abroad of ministries, sectors, provinces, and centrally-administered cities must align with the cadre and civil servant team building plan and annual training and capacity-building needs of the sector and locality.

2. The Ministry of Home Affairs:

Guide, compile, and develop a plan along with the budget estimate for the task of training and capacity-building for officials and civil servants abroad for the subjects specified in Article 2 of this Regulation, based on the training and capacity-building plans for officials and civil servants abroad of ministries, sectors, and centrally-administered cities.

3. The Ministry of Planning and Investment:

Annually coordinate with the Ministry of Home Affairs and the Ministry of Finance to aggregate and balance the training and capacity-building plans for officials and civil servants abroad to submit to the Prime Minister for approval.

4. The Ministry of Finance:

Based on the plan of the Ministry of Home Affairs and the State budget capability, propose the funding for the training and capacity-building of officials and civil servants abroad within the annual training and capacity-building budget estimate; after approval by the Prime Minister, allocate funds for the training and capacity-building tasks for officials and civil servants abroad in the annual budget estimates of ministries, sectors, and localities assigned to implement the main responsibility.

Article 7. Training and capacity-building contracts with overseas training institutions:

The decision to send officials and civil servants for training and capacity-building abroad and the establishment of delegations shall only be implemented when the chosen country meets the requirements stipulated in Clause 2 of Article 5 of this Regulation, and there is a training and capacity-building contract between both parties.

The training and capacity-building contract for officials and civil servants must clearly specify the commitments of both parties regarding the form, duration, content, program, funding, living and learning conditions, and other related matters:

1. For training and capacity-building programs entrusted to the Ministry of Home Affairs to implement: The Ministry of Home Affairs is responsible for developing detailed content and programs of the course consistent with the objectives, requirements, and candidates sent for training and capacity-building; contact and establish training and capacity-building contracts with foreign training institutions.

2. For training and capacity-building programs for officials and civil servants entrusted to ministries, sectors, and provincial People's Committees to implement, these entities shall develop detailed content and programs of the course consistent with the objectives, requirements, and candidates sent for training and capacity-building, proactively contact and establish contracts with foreign training institutions. The training and capacity-building contract shall be submitted to the Ministry of Home Affairs for unified management.

3. For training and capacity-building programs for officials and civil servants where the funding is self-balanced by ministries, sectors, and localities within the annual budget, all contents stipulated in Clause 2 of this Article shall still be fully implemented.

Chapter III

CONTENT, PROGRAM, AND FORM OF TRAINING AND CAPACITY-BUILDING
TRAINING

Article 8. The content and training program for cadres and civil servants trained abroad includes:

1. New knowledge, experience, and management skills of the state administrative system and specialized professional knowledge suitable for Vietnam's socio-economic development requirements, as well as knowledge and experience in international economic integration.

2. Foreign languages (mainly English) and electronic government.

3. Content and methods in managing talent and human resources.

4. New teaching methods in training institutions for cadres and civil servants.

Article 9. Forms of training and capacity building for cadres and civil servants abroad

1. Long-term training courses lasting four months or more for cadres and civil servants identified in Item 5, Article 2 of this Regulation.

2. Short-term training courses ranging from one week to three months for cadres and civil servants identified in Items 1, 2, 3, 4, and 6 of Article 2 of this Regulation.

Chapter IV

IMPLEMENTATION

Article 10. Authority to organize delegations for training and capacity building abroad

1. For training and capacity building courses organized by the Ministry of Home Affairs, the Ministry of Home Affairs shall issue a decision to establish the delegation based on the dispatch decisions of cadres and civil servants issued by ministries, sectors, and provincial People's Committees.

2. For courses where ministries, sectors, provinces, and centrally governed cities are responsible for funding, they shall issue a decision to establish the delegation. The delegation establishment decision, accompanied by a list of dispatched cadres and civil servants, must be sent to the Ministry of Home Affairs ten days before the delegation departs.

3. The authority to dispatch cadres and civil servants for training and capacity building abroad shall be implemented according to Article 15 of Decree No. 05/2000/NĐ-CP dated March 3, 2000, of the Government on exit and entry of Vietnamese citizens.

Article 11. Management of delegations of cadres and civil servants for training and capacity building abroad

1. The head of the competent agency (or their authorized representative) who dispatches cadres and civil servants for training and capacity building abroad shall be responsible for the dispatch decision according to Article 16 of Decree No. 05/2000/NĐ-CP dated March 3, 2000, of the Government on exit and entry of Vietnamese citizens.

2. The agency responsible for organizing the delegation of cadres and civil servants for training and capacity building abroad shall disseminate state regulations on delegation management and Vietnamese citizens studying and researching abroad; the course content and related policies for each member of the delegation before departure.

3. The decision to establish a delegation of cadres and civil servants for training and capacity building abroad shall have a Head Delegate (who may have an Assistant Head Delegate). The Head Delegate manages and represents the Vietnamese cadre and civil servant delegation during the training period with duties, powers, and responsibilities:

a) To be accountable to the head of the agency issuing the delegation establishment decision regarding all activities of the cadre and civil servant delegation during the study period abroad.

b) To act on behalf of the delegation in formal transactions with the training institution, the Embassy of Vietnam, and local authorities regarding matters related to management, study, accommodation, and living arrangements of the delegation during the stay abroad according to signed contracts.

c) To monitor the implementation of the study program, content, and research plan of the delegation based on the contract signed between both parties.

d) To be responsible for managing the personnel of the delegation during the study and research period abroad.

đ) To report on the implementation of the plan and results of the study of the delegation (in writing) after completing the course.

4. Cadres and civil servants dispatched for training and capacity building abroad must comply fully with state regulations on delegation management and Vietnamese citizens studying and researching abroad, strictly adhere to the rules of the training institution, respect customs, traditions, and cultural practices, and comply with the laws of the host country.

Article 12. Management and use of funds:

The dispatching agency and the agency organizing the delegation of officials and civil servants to study abroad shall be responsible for implementing the management, issuance, and settlement of funds for studying and training abroad in accordance with the current regulations of the Ministry of Finance.

Chapter V

REPORTING SYSTEM

Article 13. Regarding the head of the delegation and trainees

1. Upon completion of the training course, the head of the delegation shall submit a general report of the delegation. The report must include the following main contents.

a) Progress and results of the implementation of the training agreement between the training institution and the delegation.

b) Management work of the delegation, awareness of compliance with the internal rules and regulations of the training institution and the laws of the host country during the study period abroad.

c) The delegation's overall understanding of the results of the training course.

d) Comments and evaluations on the content, program, methods, and duration of training compared to the objectives and target audience of the course.

đ) Proposals for opinions and solutions to improve the quality and effectiveness of future courses.

The general report of the delegation shall be submitted in one copy along with the course materials to the Ministry of Home Affairs and one copy to the dispatching agency within fifteen days from the end date of the course upon return.

2. Each official and civil servant participating in the study delegation must submit their own report to the directly managing agency and the Ministry of Home Affairs if the funding is allocated by the Ministry of Home Affairs, detailing the results of the course, issues that can be applied to practical work, and proposals for lessons learned from the course.

Article 14. Regarding Ministries, sectors, and localities

Annually, ministries, sectors, and provincial People's Committees shall be responsible for reporting the results of sending officials and civil servants to study and train abroad using state budget funds to the Ministry of Home Affairs, specifying the number of officials and civil servants sent by the Ministry of Home Affairs and those sent by ministries, sectors, and provincial People's Committees. Reports shall be submitted to the Ministry of Home Affairs before December 15 each year.

Chapter VI

INSPECTION REGIME AND VIOLATION HANDLING

Article 15. Inspection regime

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Finance, the Ministry of Planning and Investment, and relevant agencies to inspect and urge ministries, sectors, and localities in organizing the dispatch of officials and civil servants to study and train abroad according to approved plans and programs by the Prime Minister.

Annually, it shall compile the results of training and retraining officials and civil servants abroad by ministries, sectors, and provincial People's Committees, conduct interim reviews and assessments, and report to the Prime Minister.

Article 16. Handling Violations

1. In cases where violations of this Regulation occur, depending on the nature and severity of the violation, disciplinary action, material compensation, or criminal responsibility may be pursued according to the law.

a) The head of the authority with jurisdiction (or the person authorized) who dispatches individuals not meeting the criteria and standards specified in Articles 2 and 3 of this Regulation to study and train abroad.

b) The head of the delegation who lacks a sense of responsibility leading to negative phenomena and activities of the delegation during the stay abroad not aligning with the purpose of the course, and failing to comply with the reporting system as stipulated in Article 13 of this Regulation upon return.

c) Officials and civil servants dispatched for study and training who fail to comply with the delegation's regulations, skipping classes without valid reasons, violating the internal rules of the training institution, or breaking the laws of the host country, returning late (except in cases permitted by the competent authority).

2. If it is discovered that ministries, sectors, or localities dispatch officials and civil servants to study and train abroad not meeting the criteria and standards specified in Articles 2 and 3 of this Regulation, the Ministry of Home Affairs has the right to request these entities to replace personnel or temporarily postpone the delegation's departure.

During the implementation of this Regulation, if there are any difficulties or new issues arising, ministries, sectors, and provincial municipal people's committees should reflect them to the Ministry of Home Affairs for research and amendment./.