Circular No. 17/2014/TT-BGDĐT Issuing the Regulation on Management of Going Abroad for Short-Term Official Missions of Officials, Civil Servants, and Employees

CIRCULAR

Issuing the Regulation on the Management of Going Abroad for Officials, Civil Servants, and Employees

Officials, civil servants, and employees

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 Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry and agencies at the ministerial level;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on Exit and Entry of Vietnamese Citizens and Decree No. 65/2012/NĐ-CP dated September 6, 2012 of the Government amending and supplementing certain articles of Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on Exit and Entry of Vietnamese Citizens;

Considering the proposal of the Director of the International Cooperation Department;

The Minister of Education and Training issues this Circular on the Regulation on the Management of Going Abroad for Officials, Civil Servants, and Employees.

Article 1. This Circular promulgates the Regulation on the Management of Going Abroad for Officials, Civil Servants, and Employees.

Article 2. This Circular takes effect from July 11, 2014 and replaces Decision No. 1523/GD&ĐT dated June 6, 1994 of the Minister of Education and Training on the management of education and training delegations going abroad for work and foreign delegations coming to work with the education and training sector, international conferences, seminars, and international projects.

Article 3. The Head of the Office, the Director of the International Cooperation Department, the Heads of units under the Ministry of Education and Training and the Director of the Project Management Board of the Ministry of Education and Training; the Heads of agencies and educational institutions directly under the Ministry of Education and Training; organizations and individuals related thereto shall be responsible for implementing this Circular.

 

REGULATIONS

Management of Going Abroad for Officials, Civil Servants, and Employees
(Issued together with Circular No.: 17/2014/TT-BGDĐT dated May 26

To serve as a basis for vocational training, contributing to improving the quality and effectiveness of the team of education inspection collaborators, meeting the requirements of reforming the organization and activities of education inspections under new circumstances.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the management of going abroad for officials, civil servants, and employees (hereinafter referred to as the delegation), including: Principles, forms, and authority to dispatch the delegation; procedures, formalities, files for dispatching the delegation, reporting system, and management of documents and information, and organization of implementation.

Article 2. Applicability

Article 1. This Regulation applies to officials, civil servants, and employees managed by the Minister of Education and Training who are dispatched for short-term work or training abroad for less than 180 days, including:

a) Officials, civil servants, and employees of units under the Ministry of Education and Training;

b) Directors of project management boards of the Ministry of Education and Training;

c) Officials and civil servants working in state-owned enterprises under the management of the Ministry of Education and Training, including: Chairman of the Board of Members, Member of the Board of Members, General Director, Deputy General Director;

d) Heads of agencies, units, higher education institutions, and educational institutions directly under the Ministry of Education and Training.

Article 2. This Regulation does not apply to cases of going abroad for personal reasons or for more than 180 days.

Article 3. Principles of Dispatching Delegations

Clause 1. The delegation must have practical, economical, and effective purposes, programs, and contents that align with the unit's and sector's tasks. Going abroad for work should not affect the progress and quality of work assigned to officials and civil servants within the country.

Clause 2. The organization of delegations must be based on annual plans approved or within the framework of cooperation projects already signed. In cases where delegations are dispatched outside the approved plan, the organizing agencies and units must report in writing detailing the purpose, content, program, composition of the delegation, time, location, funding source, and submit for approval by the competent authority. The organizing unit may only notify the foreign counterpart and proceed with relevant procedures after obtaining permission from the competent authority.

Clause 3. The dispatch of delegations based on invitations from countries, territories, international organizations, non-governmental organizations, educational institutions, businesses, and foreign individuals, as well as ministries, departments, organizations, and domestic educational institutions and businesses (collectively referred to as the inviting party) must be consistent with the assigned functions and tasks and must be approved by the Minister or the head of the agency or unit authorized by the Minister to manage.

Clause 4. Officials dispatched for work abroad must have appropriate expertise, language proficiency as required, and good health to ensure the completion of their tasks. A delegation of two or more people must have a team leader.

Clause 5. The heads of agencies and units under the Ministry of Education and Training; the directors of project management boards under the Ministry of Education and Training; officials and civil servants working in state-owned enterprises under the management of the Ministry of Education and Training, including: Chairman of the Board of Members, Member of the Board of Members, General Director, Deputy General Director, may only participate in delegations outside the plan when the content is consistent with the specialized field they are responsible for and not more than twice a year, each time not exceeding ten working days, except in other cases permitted by the Minister.

Article 4. Forms of outgoing delegations

1. Delegation accompanying Party and State leaders and inter-ministerial delegations.

2. Delegation headed by a Ministry leader to visit countries officially; participate in international conferences and seminars; negotiate and hold inter-governmental meetings within the framework of agreements, protocols, and cooperation arrangements signed between the Ministry of Education and Training and other countries, territories, international organizations, and regions.

3. Delegation participating in scientific conferences, short-term training courses under 180 days, cultural exchange activities, summer camps, and international competitions.

4. Delegation conducting surveys, exchanging experiences; participating in international education fairs and exhibitions within the plans of programs and projects, or engaging in other activities within the field of education.

Article 5. Authority to dispatch delegations

1. The Minister of Education and Training shall examine and approve the policy allowing Vice Ministers, Heads of Departments, and leaders of units under the Ministry, and Heads of units, institutions of higher education, and educational institutions directly under the Ministry of Education and Training to travel abroad for short-term work. The Minister shall sign the decision or delegate the authority to the Vice Minister responsible for international cooperation to sign the decision to send Vice Ministers on foreign trips.

2. The Minister assigns the Vice Minister responsible for international cooperation to sign decisions to send officials and civil servants specified in Clause 1, Article 2 of this Regulation to travel abroad.

3. Heads of units with delegated management authority shall issue decisions to send civil servants and staff from their units to travel abroad according to current regulations.

Chapter II

DOCUMENTATION, PROCEDURES, AND FORMALITIES FOR DISPATCHING DELEGATIONS

Article 6. Documents for Dispatching Delegations

Documents for dispatching delegations sent to the Department of International Cooperation include:

1. A letter requesting the establishment of the outgoing delegation from the Head of the organizing unit, specifying the name of the working delegation, destination country, purpose of the trip, duration, funding source, information about the rank of the civil servant being dispatched; address, phone number, fax number, email of the unit with officials and civil servants traveling abroad.

2. An approval document regarding the policy from the Ministry's leadership responsible. In cases where the delegation includes the Head of a unit under the Ministry, the approval document must also have the agreement of the Minister.

3. Invitation letters from the foreign side accompanied by a valid Vietnamese translation or confirmation from the organization or an invitation letter from domestic ministries, agencies, organizations, educational institutions, and enterprises.

4. List of delegation members (if the delegation has multiple members or if the Heads of units, institutions of higher education, and educational institutions directly under the Ministry of Education and Training are the delegation leaders).

5. Proposed work program, documents, and equipment carried that contain state secrets (if applicable).

6. Official document or Decision (original) or certified copy of the dispatch of personnel by the Head of the unit or agency with officials and civil servants as members of the delegation (if the delegation involves multiple units inside or outside the Ministry of Education and Training).

Article 7. Procedures for Dispatching Delegations

1. The Department of International Cooperation shall lead the process of submitting requests to competent authorities for permission to dispatch delegations, and handle the procedures for dispatching delegations as stipulated in Clause 1 and Clause 2 of Article 3 of this Regulation.

2. For delegations specified in Clause 3 and Clause 4 of Article 4 of this Regulation, the unit assigned to organize shall submit requests to competent authorities for permission to dispatch delegations, transfer documents as prescribed in Article 6 of this Regulation to the Department of International Cooperation at least 20 working days before departure. Within 7 (seven) working days from the date of receiving complete and valid documents, the Department of International Cooperation shall review and submit to the Ministry's leadership for examination and signing of the decision to dispatch the delegation (according to the model prescribed in Appendix 1 issued together with this Regulation).

If the documents are not valid, the Department of International Cooperation shall notify in writing the units dispatching delegations to amend and supplement the documents within 2 (two) working days from the date of receipt of the documents.

Within 2 (two) working days from the date of receiving the notification to amend and supplement the documents, the units dispatching delegations must submit the completed documents to the Department of International Cooperation to handle the procedures for dispatching the delegation.

Chapter III

REPORTING SYSTEM AND MANAGEMENT OF DOCUMENTS AND INFORMATION

Article 8. Reporting System

1. Delegation headed by Ministry Leaders

a) Delegation led by the Minister: Within 15 (fifteen) working days after the end of the trip, the Department of International Cooperation or the unit assigned by the Ministry's leadership to take the lead, in coordination with relevant units, shall prepare a report for the Minister to examine and approve, then submit to the Prime Minister regarding the results of the trip.

b) Delegation led by a Deputy Minister: Within 15 (fifteen) working days after the end of the trip, the Department of International Cooperation or the unit assigned by the Ministry's leadership to take the lead, in coordination with relevant units, shall prepare a report on the results of the trip for the Deputy Minister and the delegation leader to examine and approve, then submit to the Minister.

2. Delegation headed by the Heads of agencies, organizations, and units

Within 7 (seven) working days after the end of the trip, the delegation must submit a written report on the results of the mission to the authority issuing the decision to dispatch the delegation; send one copy of the report along with relevant documents from the mission (if any) to the Department of International Cooperation to serve the exploitation of information on international cooperation in the field of education (according to the model prescribed in Appendix 2 issued together with this Regulation).

3. Based on the importance of the mission and upon the proposal of the mission leader, the Department of International Cooperation may issue a document requesting the Minister to allow the organization of roundtable discussions, reporting on results, and information exchanges among related units after the end of the trip.

Article 9. Management of Documents and Information

1. The delegation must comply with the confidentiality regime for information and bear legal responsibility when carrying state secrets out of the country. When providing documents and information within the scope of state secrets to foreign organizations and individuals, there must be a proposal submitted for approval by the competent authority to ensure compliance with the Ordinance on Safeguarding State Secrets and Decree No. 33/2002/NĐ-CP dated March 28, 2002, detailing the implementation of the Ordinance on Safeguarding State Secrets.

2. Documents and information collected during the mission that are valuable for the development of the education sector are common property. The head of the delegation or the individual holding such documents and information must hand them over to the head of their agency or unit for management and utilization.

Chapter IV

IMPLEMENTATION

Article 10. Responsibilities of the International Cooperation Department

The International Cooperation Department is the lead unit assisting the Minister in managing delegations traveling abroad for short-term missions, including:

1. Leading the preparation of the annual plan for the Minister's overseas trips, reporting to the Government Office and the Ministry of Foreign Affairs.

2. Leading and coordinating with the Planning and Finance Department, the Ministry Office, and other units under the Ministry to prepare the plan and budget for the delegation's expenses of the Ministry of Education and Training to be submitted to the Minister each July.

3. Leading and coordinating with relevant agencies and units to prepare the content and program of work, contacting the Vietnamese representative offices abroad and the foreign side for delegations led by Ministry leaders, ensuring consular and reception services for these delegations.

4. Leading the submission to the Minister or Deputy Minister responsible for international cooperation for approval and issuance of decisions dispatching delegations from the Ministry of Education and Training.

5. Coordinating with the Ministry Office to estimate the budget and handle advance payment procedures and final settlement for delegations using state funds according to regulations.

6. Serving as the point of contact to assist units under the Ministry of Education and Training in liaising with Vietnamese representative offices abroad and the foreign side regarding the organization and planning of work programs for delegations, guiding consular and reception procedures for delegations.

7. Receiving and processing information, and proposing to the Ministry leadership plans for dispatching delegations not included in the plan, delegations invited by the foreign side, or domestic partners.

8. Summarizing and reporting to the Ministry leadership on cases where officials and civil servants travel abroad outside the designated targets, standards, and timeframes, and recommending solutions.

9. Summarizing and reporting to the Ministry leadership on the annual situation of delegations dispatched by the Ministry of Education and Training before December 15.

10. Leading the guidance, inspection, and urging the implementation of this Regulation.

Article 11. Responsibilities of Relevant Units and Individuals in Dispatching Delegations

Clause 1. Department of Planning and Finance

a) Allocating the delegation budget according to the plan approved by the Minister.

b) Advising the Ministry leadership on financial matters and other financial procedures for delegations outside the plan.

c) Cooperating with the International Cooperation Department and the Ministry Office in preparing the annual delegation plan for the Ministry of Education and Training.

2. Organization and Cadres Department

Cooperating with the International Cooperation Department to advise the Ministry leadership on managing officials and civil servants traveling abroad; guiding the implementation of policies and regulations set by the State regarding personnel work while abroad.

3. Science, Technology, and Environment Department

Cooperating with the International Cooperation Department to advise the Ministry leadership on participating in international scientific conferences and forums.

4. Information Technology Department

Cooperating with the International Cooperation Department and related units under the Ministry to apply information technology in delegation management, particularly in storing and managing reports and documents brought back after each trip to serve information exploitation and industry development purposes.

5. Ministry Office

a) Cooperating with the Planning and Finance Department, the International Cooperation Department to prepare the annual delegation plan and allocate the budget for the Ministry of Education and Training according to the plan approved by the competent authority.

b) Reviewing and handling financial procedures and final settlement according to regulations.

c) Cooperating with the International Cooperation Department to ensure reception services and organize welcoming and farewell ceremonies for the Ministry's delegations.

6. Heads of units under the Ministry and educational institutions directly subordinate to the Ministry of Education and Training

a) Preparing the delegation dispatch plan and submitting it to the International Cooperation Department before July 15 each year for consolidation and submission to the Minister for approval (according to the model attached as Appendix 3 to this Regulation).

b) Preparing the content and program and effectively implementing overseas trips organized by their own agency or unit.

c) Bearing responsibility to the Minister for the personnel they recommend to join the delegation.

d) Managing documents and files, organizing the exploitation and utilization of valuable documents and information collected by delegations.

7. Head of the delegation dispatched by the Minister of Education and Training

a) Implementing the tasks of the delegation abroad in accordance with the approved program and Vietnamese laws, international laws.

b) During the stay abroad, if issues arise due to unforeseen circumstances, the head of the delegation must promptly report to the International Cooperation Department and the direct management agency or unit of the officials and civil servants traveling abroad to unify the solution.

c) Reporting the results of the mission as stipulated in Article 8 of this Regulation.

d) Completing financial settlement procedures (if using state budget) no later than fifteen working days after the end of the trip.

8. Officials and civil servants dispatched for short-term missions abroad

a) Adhering to current regulations on overseas trips, performing assigned tasks, maintaining the honor and reputation of the profession and the country; reporting in writing the situation and results of the mission to the head of their agency or unit; cooperating to complete financial settlement procedures (if using state funds) no later than fifteen working days after the end of the trip.

b) In cases requiring an extension of the stay abroad, officials and civil servants must report in writing to the head of the delegation and the head of their agency or unit. Officials and civil servants may only extend their stay abroad with the permission of the competent authority./.