Decree No. 165/2004/ND-CP detailing the implementation of certain provisions of the Education Law on international cooperation management in the field of education.

DECREE

Implementing detailed provisions of certain articles of

Law on international cooperation management in the field of education

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Education Law dated December 2, 1998;

At the proposal of the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and regulated subjects

1. This Decree provides detailed implementation of certain provisions of the Law on Education regarding international cooperation in the field of education.

2. This Decree applies to international cooperation activities in the field of education carried out by Ministries, ministerial-level agencies, agencies under the Government, provincial people's committees, centrally governed cities, political and social organizations, schools and educational institutions (hereinafter referred to as domestic agencies and organizations) with countries, international organizations, foreign schools and educational institutions, individuals from foreign countries and overseas Vietnamese (hereinafter referred to as foreign parties).

3. The conduct of international cooperation activities in the field of education must also comply with the provisions of Government Decree No. 06/2000/NĐ-CP dated March 6, 2000 on cooperation and investment with foreign countries in the fields of healthcare, education and training, scientific research, and Government Decree No. 18/2001/NĐ-CP dated May 4, 2001 on the establishment and operation of foreign cultural and educational institutions in Vietnam.

Article 2. Principles for international cooperation in the field of education

1. International cooperation in the field of education shall be implemented based on the principles of respecting laws, customs, and traditions of each country, ensuring effectiveness and practicality, being consistent with Vietnam’s Education Development Strategy, and as stipulated in Article 94 of the Law on Education.

2. International cooperation in the field of education must be conducted based on programs and projects signed in writing between domestic agencies and organizations and foreign parties.

PART II

FORMS AND CONTENT OF INTERNATIONAL COOPERATION IN THE FIELD OF EDUCATION

IN THE FIELD OF EDUCATION

Article 3. Forms of international cooperation in the field of education

The forms of international cooperation in the field of education specified in this Decree include:

1. Programs and projects of cooperation with foreign parties using official development assistance (ODA) funds;

2. Exchange of information and experience in the field of education;

3. International conferences, seminars, and symposiums on education held both domestically and abroad.

Article 4. Cooperation in training management cadres, teachers, and applying teaching equipment and learning materials

Cooperation in training management cadres and teachers in Vietnam or abroad, and research for production and improvement of teaching equipment, tools, and learning materials used in schools and educational institutions shall be carried out according to programs and projects provided by foreign parties or domestic agencies and organizations.

Article 5. International schools in Vietnam

International schools in Vietnam admit foreigners for study and training. Vietnamese citizens meeting the conditions set by international schools may enroll in secondary general education, vocational high school level, college, university, and postgraduate studies.

Article 6. Foreign education experts

1. Foreigners and overseas Vietnamese entering Vietnam to work in the field of education under signed programs and projects (hereinafter collectively referred to as foreign experts) include:

a) Foreign experts entering Vietnam to implement cooperation programs and projects in the field of education;

b) Foreign experts entering Vietnam to teach and conduct scientific research at schools, scientific research organizations, and educational institutions.

2. The reception and management of foreign experts working, teaching, and conducting scientific research shall be carried out in accordance with current regulations.

Article 7. Foreign students studying in Vietnam

Foreigners and overseas Vietnamese coming to study in Vietnam (hereinafter collectively referred to as foreign students) include:

1. Foreign students coming to Vietnam to study, intern, and conduct scientific research under agreements and accords between the Government and ministries and sectors with foreign parties.

2. Foreign students coming to Vietnam to study, intern, and conduct scientific research under agreements and contracts signed independently with Vietnamese schools and educational institutions.

The reception and management of foreign students studying in Vietnam shall be carried out in accordance with the regulations of the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs.

Article 8. Vietnamese education experts

It is encouraged for domestic agencies and organizations to cooperate with countries and international organizations to send Vietnamese education experts and scientific researchers to work abroad. The selection process and benefits for Vietnamese education experts and scientific researchers working abroad for a limited time shall be carried out in accordance with Vietnamese laws on Vietnamese experts working abroad for a limited time and the agreements signed between domestic agencies and organizations and foreign parties.

Article 9. Reception and use of foreign educational technology in Vietnam

1. The Ministry of Education and Training shall specify the procedures for receiving and using foreign educational technology in Vietnamese kindergartens, primary and secondary schools, vocational high schools, colleges, universities, and postgraduate institutions.

2. The Ministry of Labor, Invalids and Social Affairs shall specify the procedures for receiving and using foreign educational technology in Vietnamese vocational training institutions.

Article 10. Reception and sponsorship of educational equipment, materials, books

The reception and sponsorship of educational equipment, materials, textbooks, and scientific and technical books serving education and training to enhance material facilities, laboratories, and libraries for education in Vietnam and abroad shall be carried out in accordance with current regulations on receiving foreign aid in Vietnam and regulations on export and import in Vietnam.

Article 11. Advertising and educational exhibitions

1. Domestic agencies and organizations may cooperate with foreign partners in organizing Vietnamese educational exhibitions abroad in accordance with Vietnamese laws and local laws.

2. Foreign parties may cooperate with domestic agencies and organizations in advertising and organizing foreign educational exhibitions in Vietnam in accordance with Vietnamese laws.

Article 12. Exporting and importing equipment, educational materials, scientific and technical books

Vietnamese agencies and organizations may export and import teaching equipment, educational supplies, learning materials (books, documents, films, images), scientific and technical books for educational and training purposes according to Vietnam's regulations on exports and imports and those of foreign countries.

CHAPTER III

BUILDING, REVIEWING, APPROVING AND IMPLEMENTING INTERNATIONAL COOPERATION PROGRAMS AND PROJECTS IN THE FIELD OF EDUCATION

Article 13. Formation of cooperation programs and projects

1. Vietnamese agencies and organizations that wish to engage in international education cooperation, after having identified foreign partners, must coordinate with the Ministry of Education and Training or the Ministry of Labor, Invalids and Social Affairs in forming the content and form of cooperation as stipulated in Chapter II of this Decree.

2. Vietnamese agencies and organizations that wish to engage in international education cooperation but have not yet identified foreign partners may request the Ministry of Education and Training or the Ministry of Labor, Invalids and Social Affairs to assist in finding foreign partners.

Article 14. Procedures for reviewing and approving international cooperation programs and projects in the field of education

1. The review and approval of international cooperation programs and projects in the field of education that utilize official development assistance (ODA) or aid from foreign non-governmental organizations must follow the procedures and formalities prescribed in the Regulation on the Management and Use of Official Development Assistance issued together with Decision No. 17/2001/NĐ-CP dated May 4, 2001 of the Government or the Regulation on the Management and Use of Non-Governmental Aid from Foreign Countries issued together with Decision No. 64/2001/QĐ-TTg dated April 26, 2001 of the Prime Minister and related implementing documents.

2. Prior to the review and approval of international cooperation programs and projects in the field of education as provided for in Clause 1 of this Article, the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall be responsible for providing comments on the specialized contents within their respective areas of management for these cooperation programs and projects.

Article 15. Amending, supplementing, and extending international cooperation programs and projects in the field of education

Amendments, supplements, and extensions of international cooperation programs and projects in the field of education by Vietnamese agencies and organizations shall be carried out in accordance with the provisions of Article 14 of this Decree.

Article 16. Reporting on the Implementation Results of Cooperation Programs and Projects

1. Vietnamese agencies and organizations shall regularly submit reports every six months and annually to the Ministry of Education and Training or the Ministry of Labor, Invalids and Social Affairs and relevant agencies as prescribed regarding the implementation status of international cooperation programs and projects in the field of education and plans for the implementation of cooperation programs and projects in the subsequent period.

2. The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall be responsible for compiling the situation and evaluating the results of the implementation of international cooperation programs and projects in the field of education and reporting annually to the Government.

PART IV

STATE MANAGEMENT OF INTERNATIONAL COOPERATION IN THE FIELD OF EDUCATION

Article 17. State management of international cooperation in the field of education

The Government shall uniformly manage state affairs concerning international cooperation in the field of education, including:

1. Issuing legal normative documents on international cooperation in the field of education;

2. Deciding on policies and directions for international cooperation in the field of education;

3. Directing negotiations, signing, and implementing international cooperation programs and projects in the field of education;

4. Directing inspections and audits of the implementation of international cooperation programs and projects in the field of education.

Article 18. Responsibilities of the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs

The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall be responsible for assisting the Government in uniformly managing international cooperation activities in the field of education according to their assigned functions, with the following tasks and powers:

1. Serving as the focal point for international relations and cooperation activities in the field of education;

2. Drafting and submitting to the Government for issuance or issuing within its authority legal normative documents on international cooperation in the field of education;

3. Drafting long-term and annual plans for international cooperation in the field of education for consideration and decision by the Prime Minister;

4. Guiding and directing Vietnamese agencies and organizations to develop international cooperation programs and projects in the field of education;

5. Mobilizing funding for international cooperation programs and projects in the field of education;

6. Compiling and coordinating international cooperation activities in the field of education;

7. Negotiating and signing agreements on international cooperation in the field of education and signing international treaties on mutual recognition of diplomas with countries and international organizations within its authority;

8. Organizing inspections and audits of the implementation of this Decree's provisions and handling violations within its authority or recommending competent state authorities to handle such violations;

9. Compiling and reporting to the Prime Minister on the implementation of international cooperation activities in the field of education.

Article 19. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, and People's Committees of Provinces and Cities Under Central Administration

Ministries, agencies equivalent to ministries, government agencies, and people's committees of provinces and cities under central administration shall be responsible for:

1. Coordinating with the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs to direct schools and educational institutions under their jurisdiction to implement international cooperation in the field of education as prescribed by this Decree.

2. Deciding within their authority on the contents of international cooperation in the field of education for schools and educational institutions under their jurisdiction and notifying the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs for compilation and reporting to the Prime Minister.

Article 20. Responsibilities of Vietnamese agencies and organizations in implementing international cooperation in the field of education

1. Selecting partners for cooperation and choosing practical forms and contents of cooperation to effectively implement international cooperation programs and projects in the field of education that have been signed and ensuring compliance with the cooperation principles stipulated in Article 2 of this Decree.

2. Regularly reporting in accordance with the provisions of Clause 1, Article 16 of this Decree.

CHAPTER V

REWARD AND VIOLATION HANDLING

Article 21. Awards

Organizations and individuals who have outstanding achievements contributing to the development of international cooperation in the field of education shall be considered for rewards in accordance with the provisions of the law.

Article 22. Handling Violations

Organizations and individuals violating the provisions of this Decree shall be subject to handling in accordance with the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 23. This Decree takes effect fifteen days after its publication in the Official Gazette. All previous regulations that conflict with this Decree are hereby abolished.

The Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs shall be responsible for guiding and supervising the implementation of this Decree.

Article 24. Ministers, Heads of ministerial-level agencies, Heads of agencies attached to the Government, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the central government are responsible for implementing this Decree. /./