Decree No. 141/2020/ND-CP on the recruitment system for ethnic minority students

DECREE

Regulations on the Nomination System for Ethnic Minority Students and Trainees

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Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Higher Education Law dated June 18, 2012, and the Law amending and supplementing some articles of the Higher Education Law dated November 19, 2018;

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

At the proposal of the Minister of Education and Training;

The Government issues this Decree on the Nomination System for Ethnic Minority Students and Trainees.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the nomination system for ethnic minority learners, including: the target group, criteria, quotas, procedures, training, and funding for implementing the nomination system; admission examination, job placement, scholarship repayment, and training costs for nominated learners and the implementation of the nomination system.

Article 2. Applicability

1. Ethnic minority learners who are eligible for the nomination system include:

a) Ethnic minorities with very small populations.

b) Ethnic minorities residing in areas with particularly difficult socio-economic conditions that lack or have very few cadres, civil servants, and public officials from ethnic minority backgrounds.

2. General education institutions, continuing education institutions, vocational colleges, colleges, universities; boarding schools for ethnic minorities; preparatory schools for university; provincial People's Committees, centrally governed municipalities, and related agencies, organizations, and individuals shall implement the nomination system.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Nominating refers to the process of admitting learners through a selection procedure into universities, colleges, and vocational colleges as specified in Clause 1 of Article 2 of this Decree.

2. Very small ethnic minorities and areas with particularly difficult socio-economic conditions are determined according to current laws.

3. Areas with particularly difficult socio-economic conditions and very few cadres, civil servants, and public officials from ethnic minority backgrounds refer to communes with particularly difficult socio-economic conditions where the proportion of cadres, civil servants at commune level, and public officials working in the commune from ethnic minority backgrounds has not reached the prescribed ratio:

a) Communes where the proportion of ethnic minorities accounts for 10% to less than 30% of the total population of the commune: the proportion of commune-level civil servants and public officials working in the commune from ethnic minority backgrounds must be at least 15% of the total number of commune-level civil servants and public officials working in the commune;

b) Communes where the proportion of ethnic minorities accounts for 30% to less than 50% of the total population of the commune: the proportion of commune-level civil servants and public officials working in the commune from ethnic minority backgrounds must be at least 30% of the total number of commune-level civil servants and public officials working in the commune;

c) Communes where the proportion of ethnic minorities accounts for 50% to less than 70% of the total population of the commune: the proportion of commune-level civil servants and public officials working in the commune from ethnic minority backgrounds must be at least 40% of the total number of commune-level civil servants and public officials working in the commune;

d) Communes where the proportion of ethnic minorities accounts for more than 70% of the total population of the commune: the proportion of commune-level civil servants and public officials working in the commune from ethnic minority backgrounds must be at least 50% of the total number of commune-level civil servants and public officials working in the commune.

Article 4. Principles of Nominating

1. Accurate to the target group and criteria as prescribed.

2. Objective, fair, transparent, and open.

3. Ensuring that learners under the nomination system are admitted and employed after graduation.

Article 5. Rights and obligations of students under the quota system

1. Students under the quota system have the following rights:

a) To be provided with full information about the quota system;

b) To receive scholarships, exemption from tuition fees, and other preferential benefits as prescribed by the State during their training period;

c) To have their application files accepted for admission and to be arranged employment after graduation.

2. Students under the quota system have the following obligations:

a) To commit before being selected for the quota system and to comply with such commitments to return to work at the localities where they were sent from after graduation;

b) To comply with laws and internal regulations of educational institutions; to complete the training program as stipulated in Article 9 of this Decree;

c) To reimburse scholarships and training costs if they fall into the cases prescribed in Article 13 of this Decree.

Chapter II

STANDARDS, TARGETS, PROCEDURES, TRAINING AND EXPENSES FOR IMPLEMENTATION OF THE QUOTA SYSTEM

Article 6. Admission standards for the quota system

1. General Standards

a) Having resided continuously for five years or more up to the year of admission in areas with particularly difficult socio-economic conditions; having parents (biological or adoptive) or one parent (biological father or mother, adoptive father or mother) living in these areas;

b) Meeting the preliminary selection criteria for professions that require preliminary selection;

c) Not exceeding twenty-two years old up to the year of admission, and meeting the current health requirements.

2. In addition to the general standards prescribed in Clause 1 of this Article, students selected for university must meet the specific standards as follows:

a) Graduating from high school;

b) Receiving a good classification in conduct for each year of study in high school;

c) Receiving a fairly good or better classification in academic performance in the final year of high school;

d) Studying for at least three years and graduating from high school at a school within the designated recruitment area or at a boarding school for ethnic minorities.

3. In addition to the general standards prescribed in Clause 1 of this Article, students selected for college must meet the specific standards as follows:

a) Graduating from high school;

b) Receiving a good classification in conduct for each year of study in high school;

c) Receiving a pass or better classification in academic performance in the final year of study;

d) Studying for at least three years and graduating from high school at a school within the designated recruitment area or at a boarding school for ethnic minorities.

4. In addition to the general standards prescribed in Clause 1 of this Article, students selected for secondary vocational schools must meet the specific standards as follows:

a) Graduating from junior high school or high school;

b) Receiving a fairly good or better classification in conduct for each year of study in the final level of education;

c) Receiving a pass or better classification in academic performance in the final year of study;

d) Studying for at least four years and graduating from junior high school or studying for at least three years and graduating from high school at a school within the designated recruitment area or at a boarding school for ethnic minorities.

5. Priority in quota admissions

Students who meet the admission standards for the quota system prescribed in Clauses 1, 2, 3, and 4 of this Article shall be given priority in quota admissions to universities, colleges, and secondary vocational schools in the following order if they belong to one of the following categories:

a) Children of martyrs, war invalids, disabled veterans, or persons holding certificates entitling them to benefits equivalent to those of war invalids;

b) Studying at a boarding school for ethnic minorities;

c) Being admitted to universities, colleges, or secondary vocational schools in the year of examination for quota admission;

d) Winning awards in student excellence competitions at district level or higher;

đ) In the case where a student belongs to multiple categories eligible for different priorities simultaneously, they may only enjoy the highest priority in quota admissions.

Article 7. Recruitment Quotas

1. Principles for Determining Recruitment Quotas

a) Recruitment quotas are determined annually and assigned by competent authorities according to each profession and level of training.

b) Recruitment quotas are established and proposed by the People's Committee of communes, towns, or wards (hereinafter referred to collectively as the People's Committee of communes).

2. Basis for Proposing Recruitment Quotas

a) Based on job requirements, position, number of employees, and the quota of civil servants assigned to positions as cadres or civil servants;

b) Based on work needs, position, number of employees assigned, occupational title standards, and the salary fund of public service units for positions as officials;

c) Based on local socio-economic development plans for recruitment targets as specified in Clause 1, Article 2 of this Decree.

3. Procedure for Establishing Recruitment Quotas

a) Annually, the People's Committee of communes reports and proposes recruitment quotas to the People's Committee of districts or cities (hereinafter referred to collectively as the People's Committee of districts);

b) The People's Committee of districts compiles and reports proposed recruitment quotas to the People's Committee of provinces, centrally governed cities (hereinafter referred to collectively as the People's Committee of provinces);

c) The People's Committee of provinces bases on the proposals from localities and provisions in Clause 2 of this Article to establish and propose recruitment quotas to the central government.

4. Proposing Recruitment Quotas

Annually, within the deadline of May, the Chairman of the People's Committee of provinces submits proposals for approval of recruitment quotas by profession and level of bachelor's degree or teacher college with the Ministry of Education and Training; recruitment quotas by profession and level of college or vocational college with the Ministry of Labor, Invalids, and Social Affairs (Model No. 01 stipulated in the Appendix attached to this Decree).

5. Approval and Assignment of Recruitment Quotas

a) The Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs, within their respective authority, take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Planning and Investment, the Ministry of Finance, and the National Ethnic Council to approve and assign recruitment quotas to the People's Committees of provinces;

b) The deadline for approving and assigning recruitment quotas shall not exceed thirty days from the date the leading agency receives complete application files for approval of recruitment quotas.

Article 8. Recruitment Procedures

1. Announcement of Recruitment Plans

Based on assigned recruitment quotas, the People's Committee of provinces develops recruitment plans and must publicly announce them at least twice through provincial, district, and commune mass media such as print, online, radio, or television news; simultaneously post them on the provincial information website or electronic portal, and publicly display them at the offices of the Department of Education and Training.

2. Contents of the Announcement of Recruitment Plans Include:

a) Target groups, criteria, and recruitment quotas;

b) Job positions corresponding to each quota;

c) Application deadlines, locations, methods for submitting registration forms for admission under the recruitment system, and the contact phone number of the designated department responsible for receiving applications.

3. Individuals applying for admission under the recruitment system submit their applications directly or via postal mail to the Provincial Public Service Center or the Department of Education and Training, or through the provincial public service portal or the provincial single window electronic system.

4. Documents for Registration Under the Recruitment System Include:

a) Application form for admission under the recruitment system (Model No. 02 stipulated in the Appendix attached to this Decree);

b) Certified copies of birth certificates with original counterparts for verification or certified copies of birth certificates from original documents;

c) Curriculum vitae (Model No. 03 stipulated in the Appendix attached to this Decree);

d) Certificates of children of martyrs, wounded veterans, disabled veterans, or those entitled to benefits similar to wounded veterans (if applicable);

đ) Two passport-sized photographs (4x6 cm) taken within six months prior to submission of the application;

e) An envelope with stamps and clearly marked address for correspondence of the applicant for admission under the recruitment system.

5. The deadline for receiving applications for admission under the recruitment system is thirty days from the date of public announcement of the recruitment plan through mass media, on the information website or electronic portal, and publicly displayed at the offices of the Department of Education and Training.

6. At least five working days before the examination, the recruitment council must compile a list of qualified candidates for admission under the recruitment system and publicly display it at the offices of the Department of Education and Training.

7. Establishment of the Recruitment Council

a) The recruitment council (hereinafter referred to as the council) is established by the Chairman of the People's Committee of provinces to assist the Chairman of the People's Committee of provinces in conducting recruitment examinations;

b) Members of the council include: the Chairperson of the council is the Chairman or Vice-Chairman of the People's Committee of provinces; the Vice-Chairperson in charge of the council is the Director of the Department of Education and Training; the Vice-Chairperson of the council is the Director of the Department of Home Affairs and the Head of the Ethnic Group Department of the province; other members include representatives from the leadership of the Department of Labor, Invalids, and Social Affairs, the Department of Planning and Investment, the Department of Finance, relevant departments and agencies related to the fields expected to be examined, and the Provincial People's Committee;

c) Responsibilities of the council: review applications, select, and propose a list of qualified individuals for admission under the recruitment system according to assigned quotas. The Chairperson of the council is responsible for submitting the list of individuals approved for admission under the recruitment system to the Chairman of the People's Committee of provinces for approval;

d) Principles of operation of the council: the council operates based on collective principles and decides by majority vote. In case of equal votes, the decision is made according to the opinion of the Chairperson of the council;

đ) Announcement of Examination Results: Within five working days after the examination, the recruitment council must submit the list of successful candidates for admission under the recruitment system to the Chairman of the People's Committee of provinces for approval. The council publicly announces the results of the recruitment examination immediately after approval through mass media, on the information website or electronic portal, and publicly displays them at the offices of the Department of Education and Training.

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Students selected for undergraduate and college level training who are high school graduates must study one year of preparatory training at a preparatory university or at the preparatory department of universities permitted to conduct preparatory training;

b) Subjects not required to undergo preparatory training

Those admitted to undergraduate or college programs in the year they are selected for training do not need to undergo preparatory training but can be directly enrolled in undergraduate or college training;

c) Organization of preparatory training

The organization of preparatory training and admission to higher education institutions for undergraduate and college levels shall be carried out in accordance with regulations of the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs. After completing one year of preparatory training, if the student does not meet the conditions to enter higher education institutions, they may repeat the year for no more than one year; during the repeated year, the student enjoys the same rights and fulfills the same obligations as in the first year. If, after repeating the year, the student still fails to meet the conditions to enter higher education institutions, the preparatory training institution will return the file to the agency that sent the student for training; the sending agency will consider transferring these cases to intermediate-level vocational training or returning the file to the locality and notifying the family of the student.

2. Undergraduate, college, and intermediate-level vocational training for selected candidates

a) Students under the selection system are trained within the regular education system and are placed to study alongside students of the same educational institution and major;

b) The time limit for completing the undergraduate program is implemented according to the current training regulations of the Ministry of Education and Training, with an additional two years of study (four semesters) compared to the designed program duration;

c) The time limit for completing the college program is implemented according to the current training regulations of the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs, with an additional one year of study (two semesters) compared to the designed program duration;

d) The time limit for completing the intermediate-level vocational program is implemented according to the regulations on implementing the intermediate-level vocational training program of the Ministry of Labor, Invalids and Social Affairs, with an additional half year of study (one semester) compared to the designed program duration;

e) Students who complete their training within the maximum time limits set forth in points b, c, and d of this clause shall enjoy the benefits and fulfill the obligations under the selection system; beyond the maximum time limits, selected candidates must self-fund their studies and will not be considered for employment placement after graduation;

f) The organization of training, recognition of graduation, and issuance of diplomas shall be carried out according to the corresponding training levels in accordance with the current regulations of the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs.

Article 10. Funding for Selected Candidate Training

The funding for training selected candidates is balanced in the annual state budget estimate for the field of education, training, and vocational education according to the分级任务如下：

In the case where candidates are admitted to teacher training programs, the policy for supporting living expenses shall be implemented in accordance with the provisions of Government Decree No. 116/2020/NĐ-CP dated September 25, 2020 on policies for supporting tuition fees and living expenses for student teachers.

Article 11. Selection for admission to educational institutions under the Ministry of National Defense and the Ministry of Public Security

The Ministry of National Defense and the Ministry of Public Security shall organize and implement the selection system within their respective duties and powers as prescribed in this Decree and in accordance with the requirements of the military and police forces.

Chapter III

EXAMINATION FOR ADMISSION, JOB ASSIGNMENT AND REIMBURSEMENT OF SCHOLARSHIPS AND TRAINING COSTS

Article 12. Examination for admission and job assignment for persons selected for study after graduation

1. Each year, educational institutions shall submit lists, transfer files and graduation certificates of students selected for study according to the selection system who have graduated to the People's Committee of the province.

2. The People's Committee of the province shall base on the requirements of tasks, job positions, number of personnel working and the quota of civil servants assigned for job positions as cadres and civil servants; base on the needs of work, job positions, number of personnel working assigned, occupational standards, and the salary fund of public service units for job positions as civil servants, and base on the files of students selected for study according to the selection system who have graduated to build plans for examination for admission to civil servant and civil servant positions for students selected for study according to the selection system.

3. The People's Committee of the province shall direct the organization of examinations for admission and job assignment for students selected for study according to the selection system after graduation in accordance with the Government's regulations on recruitment, utilization, and management of civil servants; recruitment, utilization, and management of civil servants or send the files to other units and organizations that need to recruit labor with appropriate specialized training qualifications in accordance with the requirements of job positions.

4. The maximum time for students selected for study according to the selection system to wait for examination for admission and job assignment is twelve months, counted from the date of receiving complete files for examination for admission.

Article 13. Cases requiring reimbursement of scholarships and training costs

Students selected for study according to the selection system who fall into any of the following cases must reimburse scholarships and training costs:

1. Persons who voluntarily withdraw from studies or are disciplined to be expelled from studies, except for cases of voluntary withdrawal due to force majeure.

2. Persons who do not comply with the examination for admission and job assignment after graduation as committed.

3. Persons whose time working after graduation according to the job position mobilized by the People's Committee of the province is less than twice the time they received scholarships and training costs.

4. Persons who are disciplined to terminate employment during the period of performing work obligations according to mobilization.

Article 14. Reimbursement costs and calculation method for reimbursement costs

1. Reimbursement costs include: scholarships and training costs already provided by the state budget to students selected for study according to the selection system.

2. Calculation method for reimbursement costs

a) For the cases stipulated in Clause 1 and Clause 2 of Article 13 of this Decree, the calculation method for reimbursement costs is calculated using the following formula:

S = (HB + CF) x N

Where: S is the reimbursement cost; HB is the scholarship enjoyed by the student in one month; CF is the training cost of the student in one month; N is the time the student has studied according to the selection system, rounded off to the nearest month;

b) For the cases stipulated in Clause 3 and Clause 4 of Article 13 of this Decree, the calculation method for reimbursement costs is calculated using the following formula:

Where: T is the number of months the selected candidate must perform duty according to mobilization; t is the number of months the selected candidate has performed duty according to mobilization; symbols S, HB, CF, and N are defined as specified in point a of this clause.

Article 15. Authority to Decide on Scholarship and Training Cost Reimbursement

1. The Department of Education and Training shall decide on scholarship and training cost reimbursement for selected students who violate provisions set forth in Clause 1 and Clause 2, Article 13 of this Decree.

2. The Chairman of the People's Committee at the district level and the head of the labor management agency (at the provincial level) shall decide on scholarship and training cost reimbursement for selected students who violate provisions set forth in Clause 3 and Clause 4, Article 13 of this Decree.

Article 16. Payment and Recovery of Reimbursement Costs

1. Within the latest period of sixty days from the date of receipt of the decision of the competent state agency, the selected student shall be responsible for fully repaying the amount due for reimbursement.

2. Reimbursement costs shall be deposited into the state budget according to the current budget management hierarchy and in accordance with the regulations stipulated in the State Budget Law regarding the management of recovered payments deposited into the state budget.

3. In case the student fails to fulfill the obligation of reimbursement, the competent state agency deciding on reimbursement has the right to initiate legal proceedings in accordance with the law.

Article 17. Acceptance and Assignment of Work for Selected Students at Educational Institutions under the Ministry of National Defense and the Ministry of Public Security

The Ministry of National Defense and the Ministry of Public Security shall organize the implementation of acceptance and work assignment for selected students at higher education, college, and secondary vocational educational institutions under their ministries in accordance with the requirements of the military and public security forces based on the provisions of this Decree.

Chapter IV

IMPLEMENTATION

Article 18. Responsibilities of Ministries

1. The Ministry of Education and Training shall be responsible for directing training activities and implementing policies and benefits for selected students at university and college teacher training levels.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for directing training activities and implementing policies and benefits for selected students at college and secondary vocational levels.

3. The Ministry of National Defense and the Ministry of Public Security, within their respective authorities, shall direct uniformly the selection, training, acceptance, work assignment, and implementation of policies and benefits for selected students entering educational institutions under their ministries.

4. The Ethnic Minority Committee shall take the lead and coordinate with relevant agencies to guide localities in determining the scope and extent of ethnic minority groups lacking or having very few officials with university, college, and secondary vocational qualifications, and the division of regions as prescribed in Point b, Clause 1, Article 2 of this Decree.

Article 19. Responsibilities of Provincial People's Committees

1. Shall be responsible for proposing quotas, admission examinations, selections, and management of students going to study under the selection system in accordance with the approved categories, standards, and lists. Direct the organization of admission examinations and job placement for selected students after graduation as stipulated in Clause 4, Article 12 of this Decree.

2. Report the results of the implementation of the selection system in the locality after the conclusion of the annual selection examination period to the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Home Affairs, the Ministry of Planning and Investment, the Ministry of Finance, and the Ethnic Minority Committee (Model No. 04 specified in the annex attached to this Decree).

3. Enter into training contracts with educational institutions to implement the selection system in accordance with the regulations on commissioned training and budget allocation. Require selected students to sign commitments to fulfill their obligations as stipulated in Clause 2, Article 5 of this Decree and the regulations on the learning process at educational institutions.

4. Develop plans to create sources for selecting students belonging to the categories specified in Clause 1, Article 2 of this Decree, based on creating favorable conditions for students in the selection source to attend boarding schools for ethnic minorities.

Article 20. Responsibilities of educational institutions

1. Accepting, being responsible for the quality of training for students under the quota system, and implementing all regulations and policies for such students as prescribed.

2. Annually reporting to the agency that sends students to study about the academic performance and discipline of students under the quota system, and the graduation time for final-year students.

3. Handing over the files of students under the quota system to the agency that sends them to study upon graduation or in cases where they withdraw from studies.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Transitional Provisions

The quota system for ethnic minority students who were already subject to it before the effective date of this Decree shall continue to be implemented in accordance with the provisions of Government Decree No. 134/2006/NĐ-CP dated November 14, 2006 on the quota system for admission to higher education, college, and secondary vocational schools within the national education system, and Government Decree No. 49/2015/NĐ-CP dated May 15, 2015 amending and supplementing certain articles of Government Decree No. 134/2006/NĐ-CP dated November 14, 2006 on the quota system for admission to higher education, college, and secondary vocational schools within the national education system.

Article 22. Effectiveness

1. This Decree takes effect from January 23, 2020.

2. This Decree replaces Government Decree No. 134/2006/NĐ-CP dated November 14, 2006 on the quota system for admission to higher education, college, and secondary vocational schools within the national education system, and Government Decree No. 49/2015/NĐ-CP dated May 15, 2015 amending and supplementing certain articles of Government Decree No. 134/2006/NĐ-CP dated November 14, 2006 on the quota system for admission to higher education, college, and secondary vocational schools within the national education system.

Article 23. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, relevant agencies, organizations, and individuals are responsible for implementing this Decree./