Circular No. 22/2012/TT-BGDĐT amending and supplementing certain articles of the Regulation on diplomas and certificates of the national education system issued together with Decision No. 33/2007/QĐ-BGDĐT dated June 20, 2007 of the Minister of Education and Training.

CIRCULAR

Amending and supplementing some articles of the Regulation on diplomas and certificates of the national education system issued together withDecision No. 33/2007/QĐ-BGDĐT dated June 20, 2007 of the Minister of Education and Training

_____________________________

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

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. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on civil status, marriage and family, and notarization;

Pursuant to Decree No. 79/2007/NĐ-CP dated May 18, 2007 of the Government on issuing certified copies from original registers, certifying true copies from original documents, and certifying signatures;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

Pursuant to Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing some articles of decrees on household registration, marriage, and family, and notarization;

At the request of the Director of the Legal Department,

The Minister of Education and Training issues this Circular amending and supplementing some articles of the Regulation on diplomas and certificates of the national education system issued together with Decision No. 33/2007/QĐ-BGDĐT dated June 20, 2007:

Article 1. Amending and supplementing some articles of the Regulation on diplomas and certificates of the national education system issued together with Decision No. 33/2007/QĐ-BGDĐT dated June 20, 2007 of the Minister of Education and Training as follows:

1. Point a Clause 1 Article 6 shall be amended and supplemented as follows:

"a) Verify, compare, and accurately record all information on diplomas and certificates. Provide the information intended for recording on diplomas and certificates to students for them to check the accuracy before it is recorded; request students to sign confirming that they have checked the information and any requests for corrections; the information related to birth registration of students on diplomas and certificates must be based on the birth certificate."

2. Supplement points g and h to Clause 1 of Article 6 as follows:

"g) Ensure the accuracy of information in files and in the original registers for diplomas and certificates;h) Provide information in the original registers for diplomas and certificates and graduation files for correcting diplomas and certificates."

3. Article 7 is amended and supplemented as follows:

"The Diploma and Certificate Council shall be established by decision of the Minister of Education and Training. The Diploma and Certificate Council has the task of advising the Minister of Education and Training on establishing and implementing regulations concerning conditions, procedures, and formalities for printing and issuing diplomas and certificates; approving samples of diplomas and certificates; delegating printing of diploma and certificate forms; recalling and invalidating diplomas and certificates; and other relevant regulations concerning diplomas and certificates; managing state administration regarding diplomas and certificates.

The functions, tasks, organization, and activities of the Diploma and Certificate Council shall be carried out in accordance with the regulations of the Minister of Education and Training."

4. Article 8 is amended and supplemented as follows:

"Article 8. Publicizing information about issuing diplomas and certificates on the electronic information website
1. Publicizing information about issuing diplomas and certificates on the electronic information website aims to make transparent the training and issuance of diplomas and certificates by educational institutions and educational management agencies; facilitate the inspection and supervision of diploma and certificate issuance by agencies, organizations, and individuals; reduce fraudulent and corrupt practices in the issuance of diplomas and certificates.
2. The competent authority issuing diplomas and certificates shall be responsible for publicizing information about issuing diplomas and certificates on its electronic information website no later than thirty days from the date of issuance of the diplomas and certificates.

Information about issuing diplomas and certificates that is publicly disclosed must ensure accuracy and completeness of contents as stipulated in Article 19 of this Regulation; it must be regularly updated and stored on the electronic information website of the issuing authority; ensuring easy management, access, and search.

3. For diplomas and certificates issued prior to the effective date of this Circular, the competent authority issuing diplomas and certificates shall complete the public disclosure of information about issuing diplomas and certificates according to the requirements set forth in Clause 2 of this Article no later than one year from the effective date of this Circular."

5. Clause 4, Clause 6 of Article 9 are amended and supplemented as follows:

a) Clause 4 of Article 9 is amended and supplemented as follows:

"4. Family name, middle name, given name; date of birth of the person receiving the diploma or certificate."

b) Clause 6 of Article 9 is amended and supplemented as follows:
"6. Serial number and entry number in the original register for issuing diplomas and certificates."

6. Article 10 is amended and supplemented as follows:

"Article 10. Other contents recorded in diplomas

In addition to the contents prescribed in Article 9 of this Regulation, for diplomas of each level of education and training, there will be additional contents as follows:
1. Secondary school graduation diploma includes: place of birth, gender, ethnicity, school attended, year of graduation, graduation classification, form of training.
2. High school graduation diploma includes: place of birth, gender, ethnicity, school attended, examination session, examination board, graduation classification, form of training.
3. Diploma of vocational college, college graduation includes: gender, field of study, graduation classification, form of training.
4. University graduation diploma includes: field of study, year of graduation, graduation classification, form of training.5. Master's degree diploma, doctoral degree diploma includes: name of field/specialization of study."

7. Clause 2 of Article 15 shall be amended and supplemented as follows:

"2. For diploma and certificate forms that are damaged, incorrectly written, or of poor quality, the head of the competent authority issuing diplomas and certificates must establish a committee to handle the situation and issue a cancellation record, clearly stating the quantity, serial number, and condition of the diploma and certificate forms before cancellation. The cancellation record must be kept and the cancellation reported to the Ministry of Education and Training within fifteen days from the date of cancellation of the diploma and certificate forms for monitoring and management.

This provision also applies to diplomas and certificates that contain errors but have been signed and stamped by authorized issuers while the student has not yet acknowledged receipt."

8. Clause 2 of Article 20 is amended and supplemented as follows:

"2. The stamping on the signature of the authorized issuer of diplomas and certificates shall be carried out in accordance with current regulations on archival work."

9. Article 21 shall be amended and supplemented as follows:

Article 21. Authority to decide on amending the content of certificates and diplomas

The authority to decide on amending the content of certificates and diplomas is the head of the agency that issued the certificates and diplomas and currently manages the original records of the certificates and diplomas. In cases where the issuing agency has been merged, divided, separated, dissolved, or had its authority adjusted, the authority to decide on amending the content of certificates and diplomas is the head of the agency currently managing the original records of the certificates and diplomas.

10. Supplement Articles 21a, 21b, and 21c as follows:

Article 21a. Cases for Amending the Content of Certificates and Diplomas

The holder of certificates and diplomas has the right to request amendments to the content recorded on the certificates and diplomas in the following cases:

1. After receiving the certificates and diplomas, the holder of the certificates and diplomas has been decided or confirmed by the competent authority regarding changes or corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementary household registration, adjustment of household registration, late registration of birth, or re-registration of birth as prescribed by law.

2. The student has signed for the certificates and diplomas but the content recorded on the certificates and diplomas is incorrect due to errors by the issuing agency. Article 21b. Documents, Procedures, and Formalities for Amending the Content of Certificates and Diplomas

Article 21b. Documents, Procedures, and Formalities for Amending the Content of Certificates and Diplomas

1. The application dossier for amending certificates and diplomas includes:

a) An application form for amending certificates and diplomas;

b) Identity card or passport or other personal identification document of the holder of the certificates and diplomas;

c) The certificates and diplomas to be amended;

d) Decision allowing changes or corrections to household registration, re-determination of ethnicity, or re-determination of gender for cases of amending certificates and diplomas due to changes or corrections to household registration, re-determination of ethnicity, or re-determination of gender;

đ) Birth certificate for cases of amending certificates and diplomas due to supplementary household registration, adjustment of household registration, re-registration of birth, or late registration of birth;

e) Documentation proving that the certificates and diplomas were incorrectly recorded due to errors by the issuing agency for cases of amending certificates and diplomas as stipulated in Clause 2 of Article 21a of this Regulation. The documents in the application dossier specified in points b, c, d, đ, and e of this clause may be originals or certified copies from the original records or certified true copies. If the competent authority for amending the content of certificates and diplomas receives unauthenticated copies in the application dossier, it may require the applicant to present the original for verification; the verifier must sign and write their full name on the copy and bear responsibility for the accuracy of the copy compared to the original. If the received documents in the application dossier are copies from the original records or certified true copies from the original, the competent authority for amending the content of certificates and diplomas shall not require presentation of the original for verification.

2. The procedures and formalities for amending certificates and diplomas are as follows:

a) The applicant for amending certificates and diplomas submits one set of the dossier as prescribed in Clause 1 of this Article to the competent authority for amending the content of certificates and diplomas. Submission of the dossier can be made either directly or through postal service;

b) Within five working days from the date of receipt of the dossier, the competent authority for amending the content of certificates and diplomas examines and decides on the amendment; if no amendment is made, it must respond in writing and specify the reasons;

c) The amendment of the content of certificates and diplomas is carried out by issuing an amendment decision; direct amendment on the certificates and diplomas is not allowed;

Based on the amendment decision, the competent authority for amending the content of certificates and diplomas proceeds to amend the corresponding contents recorded in the original issuance records of the certificates and diplomas and affixes a confirmation stamp with the content: "Amended according to Decision No..... dated.... day.... month.... year...." in the upper left corner of the original of the certificates and diplomas; if the student has lost the original of the certificates and diplomas, the competent authority for amending the content of certificates and diplomas issues a certified copy of the certificates and diplomas from the amended original records to the student.

Article 21c. Main contents of the decision to amend and apply the amendment to certificates and diplomas

1. The decision to amend certificates and diplomas includes the following main contents:

a) Surname, middle name, given name; date of birth of the person whose certificate or diploma is being amended;

b) Name, number, date of issuance of the certificate or diploma being amended;

c) Content of the amendment;

d) Reason for the amendment;

d) Effectiveness and responsibility for implementing the decision.2. The amendment of the information recorded on certificates and diplomas as stipulated in this Article shall be applied to certificates and diplomas issued before the effective date of this document.

11. Article 27 is amended and supplemented as follows:

"Article 27. Procedure and formalities for issuing copies of certificates and diplomas from original registers

1. The following persons have the right to request copies of certificates and diplomas from original registers:

a) The person who was issued the original certificate or diploma;

b) The legitimate representative or authorized agent of the person who was issued the original certificate or diploma;

c) Father, mother, child, spouse, brother, sister, half-brother, half-sister, heir of the person who was issued the original certificate or diploma in case such person has died.

2. The person requesting copies of certificates and diplomas from original registers may directly request or send their request to the competent authority issuing copies of certificates and diplomas from original registers via postal service. There is no limit on the number of copies requested.

When requesting copies of certificates and diplomas from original registers, the requester must present or send via postal service the original or certified copy of their national identity card, passport, or other personal identification document. In cases where the requester is those persons specified in points b and c of Clause 1 of this Article, they must also present documents proving that they are entitled to request copies of certificates and diplomas from original registers.

3. The agency or organization currently managing the original registers of certificates and diplomas shall examine and verify the legality of the request for copies of certificates and diplomas, compare with the original registers to issue copies to the requester. The content of the copies of certificates and diplomas from original registers must match the content recorded in the original registers.

4. The time limit for issuing copies of certificates and diplomas from original registers shall be carried out as follows:

a) On the same day of receiving the request, if the request is received directly;

b) At the latest within three working days from the date of receipt of the request according to the postmark, if the request is sent via postal service; In case copies of certificates and diplomas from original registers are not issued to the requester, the agency or organization currently managing the original registers of certificates and diplomas must respond in writing and clearly state the reasons.

5. The requester of copies of certificates and diplomas from original registers must pay the fee for issuing copies. If the request is sent via postal service, the requester must also pay the postal fee to the agency or organization issuing copies. The fee for issuing copies of certificates and diplomas from original registers shall be implemented in accordance with the guidelines of the Ministry of Finance and the Ministry of Justice regarding the collection, payment, management, and use of fees for issuing copies.

12. Abolish Clause 5 of Article 9 and Article 26 of the Certificate and Diploma Regulation of the National Education System issued together with Decision No. 33/2007/QĐ-BGDĐT dated June 20, 2007 of the Minister of Education and Training.

Article 2. The Director of the Office, the Head of the Legal Department, the Heads of units under the Ministry of Education and Training, the Directors of provincial education and training departments, the Presidents of universities and academies, the Principals of colleges and vocational secondary schools, and the Heads of educational institutions shall be responsible for implementing this Circular.

Article 3. This Circular shall take effect from August 8, 2012. All previous provisions contrary to this Circular are hereby abolished.