Decree No. 143/2013/ND-CP on compensation for scholarships and training costs

DECREE

Regulations on Repayment of Scholarships and Training Costs

Pursuant to the Law on Government Organization dated December 25, 2001;The Government issues this Decree on repayment of scholarships and training costs.

Pursuant to the Higher Education Law on June 18, 2012;

At the proposal of the Minister of Education and Training;

1. This Decree stipulates the repayment of scholarships and training costs (hereinafter referred to collectively as training costs) for individuals studying college, university, master's, and doctoral programs who receive scholarships and training costs from the state budget or foreign funding under agreements signed with the Government of Vietnam but fail to comply with the dispatch to work by competent state agencies after graduation.

Article 1. Scope of Regulation and Applicability

a) Individuals sent abroad for study by competent state agencies using state budget funds (including education programs under agreements signed with the Government of Vietnam);

2. This Decree applies to:

b) Individuals participating in domestic training programs under approved training procurement projects by the Prime Minister;

3. This Decree does not apply to individuals who are civil servants, public officials, employees, or those enrolled under the selection system.

Article 2. Principles of Repayment of Training Costs

1. Individuals specified in Point a Clause 2 Article 1 of this Decree and their families in Vietnam (including: biological parents, spouse, or other lawful representatives of the individual) commit to fully repay all training costs provided from the state budget according to the provisions of this Decree. In case the individual does not return to Vietnam after graduation to comply with the dispatch to work by competent state agencies, the family of the individual in Vietnam shall be responsible for repaying the training costs.

2. Individuals specified in Point b Clause 2 Article 1 of this Decree commit to fully or partially repay all training costs provided from the state budget according to the provisions of this Decree.

3. All amounts repaid for training costs shall be remitted to the state budget.

4. The repayment of training costs must ensure democracy, transparency, and clarity.

Article 3. Situations for Repayment of Training Costs

1. Individuals specified in Points a and b Clause 2 Article 1 of this Decree do not comply with the dispatch to work by competent state agencies within twelve months from the date of being recognized as having completed their studies.

If, after graduation, they are permitted by competent state agencies to continue their studies, the twelve-month period will be calculated from the date of recognition of completion of the subsequent program.

2. Individuals who have not fulfilled the required working period as stipulated in Article 4 of this Decree and voluntarily leave their job.

Article 4. Working Period According to Dispatch by Competent State Agencies

1. Individuals studying at the college or university level must comply with the dispatch to work by competent state agencies for twice the duration of the time they received training costs after graduation.

2. Individuals studying at the master's or doctoral level must comply with the dispatch to work by competent state agencies for three times the duration of the time they received training costs after graduation.

2. Persons graduating with a master's degree or doctoral degree must serve three (3) times the duration of the period they received training funding upon being assigned to work by a competent state agency.

Article 5. Compensation Costs and Calculation of Compensation Costs

1. Compensation costs include tuition fees, scholarships, and other expenses serving the course that have been funded by the state budget.

2. Training costs covered include tuition fees, scholarships, living expenses, and other expenses that have been funded by the state budget for the student according to the prescribed regulations.

3. Method of calculating compensation costs:

a) In the case stipulated in Clause 1, Article 3 of this Decree, the student must compensate 100% of the training costs provided from the state budget.

b) For students stipulated in Clause 2, Article 3 of this Decree, the compensation cost is calculated using the following formula:

Where:

- S is the compensation cost;

- F represents the training costs provided;

- T1 is the period of work under the dispatch of the competent state agency, measured in months rounded off;

- T2 is the period of work after being dispatched, measured in months rounded off.

Article 6. Authority to Decide on Compensation for Training Costs

1. The state agency with authority to send students for study and provide training costs from the state budget decides on the compensation for training costs for students violating the provisions of Clause 1, Article 3 of this Decree.

2. The head of the labor management agency decides on the compensation for training costs for students violating the provisions of Clause 2, Article 3 of this Decree.

2. Compensation costs are paid into the state budget according to the current budget management hierarchy and in accordance with the State Budget Law's regulations on managing recovered payments to the state budget.

3. If the student or the family of the student residing in Vietnam fails to fulfill the compensation obligation, the competent state agency deciding on compensation has the right to initiate legal proceedings as prescribed by law.

4. If the student or the family of the student residing in Vietnam delays in fulfilling the compensation obligation beyond the deadline, they must bear the maximum interest rate applicable to demand deposits as specified by the State Bank of Vietnam for the overdue compensation amount. If the State Bank does not specify a maximum interest rate for demand deposits, the student or the family of the student residing in Vietnam must bear the interest rate applicable to demand deposits of the Vietnam Industrial and Commercial Bank at the time of fulfilling the compensation obligation.

Article 8. Effective Date

This Decree takes effect from December 10, 2013.

Article 9. Responsibility for implementation

1. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Finance to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and related agencies are responsible for implementing this Decree./.