JOINT CIRCULAR No. 119/2005/TTLT/BQP-BGD&ĐT-BKH&ĐT-BTC guiding the implementation of Decree No. 73/2005/NĐ-CP on training military officers for the Vietnam People's Army at non-military schools

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE GOVERNMENT DECREE NO. 73/2005/NĐ-CP ON TRAINING MILITARY OFFICERS FOR THE PEOPLE'S ARMED FORCES OF VIETNAM AT NON-MILITARY SCHOOLS

Pursuant to Decree No. 73/2005/NĐ-CP dated June 6, 2005 of the Government on training military officers for the People's Armed Forces of Vietnam 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 hereby provide guidelines for implementation as follows:

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

1. Standard

Select individuals who meet political standards, have good moral character, possess adequate professional knowledge and cultural education, appropriate age, and good health; voluntarily commit to long-term service in the military, 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 after completing the training curriculum for officer candidates if they belong to the same examination group and level of training. 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 candidate 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 required conditions and standards may be directly selected for training at non-military schools according to the provisions of Joint 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 Schools Under the Direct Selection System".

c) Postgraduate Training

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

- Must meet the admission criteria set forth by 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) For undergraduate training: Select first and second-year students from both military and non-military schools.

c) For postgraduate training: Select military officers who have completed regular undergraduate degrees in relevant fields from both military and non-military schools.

II. TRAINING FIELDS

1. Domestic Training

The Ministry of National Defense will only transfer military students to non-military schools for those fields and specialties that the military does not train or trains but has not reached high quality and cannot fully meet the demand.

2. Overseas Training

a) The Ministry of National Defense will directly cooperate with foreign countries in special fields and areas of the military that require confidentiality or have particular importance such as weapons, equipment, military science and technology...

b) The Ministry of National Defense will send students abroad for training in the general plan for overseas training of scientific and technical cadres in fields serving the construction of the military, such as 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. DEVELOPMENT OF TRAINING PLANS AND SELECTION OF STUDENTS

1. Development of Plans:

1.1. Annually, based on the military-national defense requirements of each period and the training needs of military fields and specialties at non-military schools (including plans directly implemented 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 military cadres at non-military schools, and 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 plans for military cadres at non-military schools developed by the Ministry of National Defense, the Ministry of Planning and Investment will consolidate and balance these plans, submit them 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 training plans for military cadres according to programs, projects, and international training agreements managed by the Ministry of Education and Training.

2. Organization of Student 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 the training of officer candidates according to the regulations for military cadre training and directing military academies and officer schools to organize preparatory courses for students before entering 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 guaranteed living expenses equivalent to those of students currently 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 the scholarship criteria, they will receive scholarships according to the general regulations of the State for students.

2. Military students studying abroad are guaranteed the following benefits: 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 cases where the foreign side guarantees part or all of the aforementioned benefits, military students 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 their study 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. Prior to enrollment, military students who are non-commissioned officers, soldiers, defense civil servants, or defense workers graduating from civilian schools and foreign institutions shall, upon graduation, be eligible for consideration for officer rank based on their academic performance and training objectives, and may be assigned professional military pay grades or defense civil servant pay grades.

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

6. In cases where military students fail to fulfill their commitments as prescribed by the school and extend their study period beyond the duration set forth in 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 certificates.

In special cases due to objective reasons leading to an extension of the study period or meeting the criteria for continuation of studies, the student must submit a written statement to the Ministry of National Defense and the Ministry of Education and Training; if the student is enrolled in a direct cooperation program of the Ministry of National Defense and has confirmation from the school and the Vietnamese representative office in the host country (in cases of overseas study), such confirmation shall be required for review and decision-making. Only when the Ministry of National Defense issues a decision agreeing to continue studies can the student proceed with continuation or further study.

V. TRAINING COSTS

1. Funding sources

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

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

b) Funds 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 funds are allocated in the annual budget implementation plan "Training Cadres at Foreign Institutions Using State Budget" each year. Upon completion of the project, the training funds for military cadres abroad will be included in the annual budget of the Ministry of National Defense.

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

2. Establishment, execution, and settlement of training 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 to ensure training costs for military students and incorporates it into the annual budget of the Ministry of National Defense, submitting it to the Ministry of Finance while also sending it to the Ministry of Education and Training (for the portion of training costs for overseas training directly implemented by the Ministry of National Defense) for consolidation and reporting to the Prime Minister for submission to the National Assembly for approval according to current regulations.

2.2. The establishment, execution, and settlement of training costs for training military cadres at civilian schools shall be carried out in accordance with 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 Field of National Defense" issued jointly by the Ministry of Finance and the Ministry of National Defense, and other relevant current regulations.

2.3. Based on the average annual expenditure per student and the total budgeted training expenditure announced, the Ministry of National Defense shall implement the signing of training contracts and payments with training institutions according to these contracts.

The Ministry of National Defense is responsible for using, settling, and managing training funds 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 civilian schools for training according to the plan agreed upon 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 the approved plan indicators.

c) Assigning tasks to subordinate agencies and units of the Ministry of National Defense to cooperate with civilian schools to manage military students studying at those schools on a regular basis.

2. Ministries and sectors according 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 the plan and quotas assigned.

b) Regularly coordinating with the agency or unit tasked with managing military students by the Ministry of National Defense to jointly manage military students 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 academic and disciplinary performance of military students, and within fifteen days from the date of the course closure, notifying about military students graduating from civilian schools.

4. Overseas student management agencies 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 implementation, if there are any issues within the responsibility of each 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./.