Joint Circular No. 119/2005/TTLT/BQP-BGD-BKH-BTC guiding the implementation of Decree No. 73/2005/NĐ-CP of the Government on training officers for the Vietnam People's Army at civilian schools.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 73/2005/NĐ-CP of the Government on Training Cadres for the Vietnam People's Army at Non-Military Schools

regarding the training of cadres for the Vietnam People's Army

at civilian schools

Pursuant to Decree No. 73/2005/NĐ-CP dated June 6, 2005 of the Government on Training Cadres for the Vietnam People's Army at Non-Military Schools.

The Ministry of National Defense, the Ministry of Education and Training, the Ministry of Planning and Investment, and the Ministry of Finance provide guidelines for implementation as follows:

I. STANDARDS AND CONDITIONS FOR SELECTING STUDENTS OF THE ARMED FORCES TRAINED AT NON-MILITARY SCHOOLS

1. Standard

Select individuals who meet political standards, have good moral character, sufficient professional knowledge and cultural education, appropriate age according to each training category, good health; voluntarily serve the military long-term, comply with assigned fields of study and job assignments upon graduation.

c) For some special areas, the participation period of civilian workers may be earlier or later than the above periods as specified by the Minister of Defense.

2.1. Domestic Training

a) College and University Training

Young people outside the military, military personnel, defense civil servants, and defense workers who are admitted to colleges and universities under the Ministry of National Defense according to the admission regulations of the Ministry of Education and Training shall be eligible to transfer to university training programs outside the military with the same examination group and level of training upon completion of the officer source training curriculum. The People's Police Academy, the People's Security Academy, the Fire Prevention and Fighting University, the Military Technical Cryptography Academy, and other colleges may select students without prior officer source training.

b) College and University Training Under the Direct Selection System

Junior military cadets, military personnel, defense civil servants, and defense workers who are ethnic minorities and meet the conditions and standards may be directly selected for training at non-military schools according to Circular No. 04/2001/TTLT-BGD&ĐT-BTCCP-UBDT&MN dated February 26, 2001 of the Ministry of Education and Training – Civil Service Management Board of the Government – Committee for Ethnic Minorities and Mountainous Areas "Guidelines for Admissions to Universities, Colleges, and Vocational High Schools Under the Direct Selection System."

c) Postgraduate Training

- Military officers who have graduated from universities both within and outside the military can register to take postgraduate exams at non-military universities according to the current postgraduate training regulations of the Ministry of Education and Training.

- Must meet the admission regulations of the Ministry of Education and Training.

2.2. Overseas Training:

a) Must meet the admission regulations of the Ministry of Education and Training and the requirements of the host country.

b) Target of undergraduate training: Select first and second-year students from both military and non-military schools.

c) Target of postgraduate training: Select military officers who have graduated from regular undergraduate programs at both military and non-military schools in the relevant field or a related field.

II. TRAINING FIELDS

1. Domestic Training

The Ministry of National Defense will only transfer military students to non-military schools for training in fields that the military does not train in, or where training exists but the quality is insufficient to meet demand.

2. Overseas Training

a) The Ministry of National Defense will directly cooperate with countries for specialized fields requiring confidentiality or having special importance such as weapons, equipment, military science and technology...

b) The Ministry of National Defense will send students abroad for training in scientific and technical fields serving military construction, including mechanical engineering, electrical-electronics, information technology, telecommunications, medical-biological sciences, construction, transportation... and implement according to the current admission regulations managed by the Ministry of Education and Training.

III. PLANNING AND SELECTION FOR TRAINING

1. Planning

1.1. Annually, based on the military-national defense requirements of each phase and the training needs of military fields at non-military schools (including plans implemented directly by the Ministry of National Defense), the Ministry of National Defense will lead and coordinate with relevant ministries, sectors, and non-military schools to develop plans for training cadres at non-military schools, report to the Ministry of Planning and Investment, the Ministry of Education and Training, and the Ministry of Finance before June 30.

1.2. Based on the training plan for cadres at non-military schools developed by the Ministry of National Defense, the Ministry of Planning and Investment will consolidate and balance the plan, submit it for approval by the Prime Minister, and notify the training quotas to the Ministry of National Defense, relevant ministries, sectors, and non-military schools before November 30.

1.3. Annually, the Ministry of Education and Training will allocate quotas and plans for training military cadres according to programs, projects, and international training agreements managed by the Ministry of Education and Training.

2. Organizing Selection and Source Training

2.1. Based on the criteria and conditions stipulated in Section I of this Circular and the training quotas announced by authorized bodies, the Ministry of National Defense will organize the selection of students to be sent for training at non-military schools and abroad.

2.2. The Ministry of National Defense is responsible for organizing officer source training according to military cadre training regulations and directing military academies and officer schools to prepare students for their first year at non-military schools.

IV. REGULATIONS, POLICIES, AND RESPONSIBILITIES OF MILITARY STUDENTS

1. Military students studying at domestic non-military schools are provided living expenses equivalent to those of students training at military schools, including salary, allowances, food, uniforms, health insurance, housing, and other related living costs.

If military students studying at non-military schools meet scholarship criteria, they will receive scholarships according to the general state regulations for students.

2. Military students studying abroad are provided with tuition fees, living expenses, health insurance, and round-trip airfare according to the levels specified in Joint Circular No. 88/2001/BTC-BGD&ĐT-BNG dated November 6, 2001 of the Ministry of Finance – Ministry of Education and Training – Ministry of Foreign Affairs.

In the case where the foreign side guarantees part or all of the aforementioned benefits, the military student shall not enjoy the benefits already guaranteed by the foreign side or only be entitled to a portion of the difference if the guarantee level is lower than that stipulated in Circular Joint No. 88/2001/BTC-GGD&ĐT-BNG.

3. During the time studying at civilian schools and abroad, military students shall enjoy the policies and benefits accorded to active-duty military personnel; if they are officers or cadres who complete their tasks satisfactorily, they may be considered for promotion in rank and salary increase according to current regulations.

4. Military students before going to study, if they are non-commissioned officers, soldiers, defense civil servants, or defense workers graduating from civilian schools and foreign countries, upon graduation, based on academic results and training objectives, shall be considered for commissioning as officers, classified as professional military personnel, or classified as defense civil servants.

5. After graduation, military students must comply with the work assignment of the Ministry of National Defense; failure to comply will result in punishment under the Regulations on Military Unit Management of the Vietnam People's Army and bear responsibility for compensating the entire funding provided or scholarships received from the foreign side during the training period as prescribed in Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government "on termination of employment and compensation for training costs for officials and civil servants."

6. In the event that military students fail to fulfill their commitments as stipulated by the school and extend their study period beyond the decision of the competent authority (Ministry of National Defense or Ministry of Education and Training), the students shall bear all training costs until they obtain their graduation certificate.

In special cases due to objective reasons leading to the need to extend the study period or meeting the criteria for continuation of studies, the students must submit a written application to the Ministry of National Defense and the Ministry of Education and Training; if the students belong to direct cooperation programs of the Ministry of National Defense and have confirmation from the school and the Vietnamese representative office in the host country (in the case of students studying abroad with a representative office), to consider and decide. When the Ministry of National Defense issues a decision agreeing to continue studying, the students may then proceed with continuation or further study.

V. TRAINING COSTS

1. Funding sources

1.1. The state budget ensures training costs for military cadres including:

a) Costs within the annual budget estimate announced by the Ministry of National Defense for the training of military cadres at civilian schools in the country as stipulated in Clause 1 and training abroad as stipulated in Section II, Clause 2, Point a of this Circular.

b) Costs from the state budget ensuring training activities abroad managed by the Ministry of Education and Training for the training tasks specified in Section II, Clause 2, Point b of this Circular. Training costs are allocated in the annual budget implementation plan "Training Cadres at Foreign Institutions Using State Budget" annually. Upon completion of the plan, the training costs for military cadres abroad are included in the annual budget estimate of the Ministry of National Defense.

1.2. Training costs for military students sent to study by enterprises under the Ministry of National Defense are ensured by the enterprise according to current regulations.

2. Establishment, execution, and settlement of costs

2.1. Annually, based on the approved plans for training military students at civilian schools and abroad, the Ministry of National Defense establishes the state budget estimate to ensure training costs for military students and consolidates it into the annual budget estimate of the Ministry of National Defense, sending it to the Ministry of Finance while also sending it to the Ministry of Education and Training (for overseas training costs directly implemented by the Ministry of National Defense) to consolidate and report to the Prime Minister for submission to the National Assembly for approval according to current regulations.

2.2. The establishment, execution, and settlement of costs for training military cadres at civilian schools are carried out according to the provisions of Circular Joint No. 23/2004/TTLT-BTC-BQP dated March 26, 2004 "Guidelines for Establishing, Executing, Settling State Budgets and Managing State Assets for Certain Activities in the Defense Sector" issued jointly by the Ministry of Finance and the Ministry of National Defense, and related current documents.

2.3 Based on the average total annual expenditure per student and the total budget estimate for training announced, the Ministry of National Defense implements the signing of training contracts and payments with training institutions according to the contracts.

The Ministry of National Defense is responsible for using, settling, and managing training costs in accordance with current standards, norms, and regulations.

VI. MANAGEMENT OF MILITARY STUDENTS

1. The Ministry of National Defense is responsible for:

a) Transferring the number of students transferred to train at civilian schools according to the plan agreed between the Ministry of National Defense and the Ministry of Education and Training, and civilian schools.

b) Inspecting, monitoring, and directing units, academies, and military schools to prepare sources for training at civilian schools according to approved quotas and plans.

c) Assigning tasks to subordinate agencies and units of the Ministry of National Defense to cooperate with civilian schools to manage military students regularly while studying at these schools.

2. Ministries and sectorsaccording to their functions and responsibilities are responsible for guiding and inspecting civilian schools in implementing the training of military cadres.

3. Civilian schools are responsible for:

a) Accepting and training military students according to assigned plans and quotas.

b) Regularly coordinating with the agency or unit assigned by the Ministry of National Defense to manage military students to jointly manage them during their studies at the school.

c) At the end of the academic year or in exceptional circumstances, the school is responsible for informing the agency or unit managing military students of the Ministry of National Defense about the academic performance and discipline of military students, and within fifteen days from the date of the course closure, notify about military students graduating from civilian schools.

4. Agencies managing overseas students are responsible for:

a) Notify the Ministry of National Defense or the Ministry of Education and Training about military students who meet the criteria for transfer to civilian status, or who have completed the prescribed study period but have not yet graduated.

b) Notify the management agency or unit of the Ministry of National Defense about military students who have completed their course of study within twenty days from the date of the decision to return home.

VII. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. During the implementation process, if there are any issues falling under the responsibility of each respective ministry or sector, relevant agencies and organizations shall promptly reflect such issues to the respective ministry or sector to take the lead in resolving them./.