Decision No. 23/2001/QĐ-BGDĐT on the issuance of the Regulation on Managing Vietnamese Citizens Studying Abroad.

DECISION OF THE MINISTER OF EDUCATION AND TRAINING

Regarding the issuance of the Regulation on Managing Vietnamese Citizens Studying Abroad

 

MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, authorities, and responsibilities for state management of ministries and ministerial-level agencies;

Based on Decree No. 29/CP dated March 30, 1994 of the Government regarding the tasks, authorities, and organizational structure of the Ministry of Education and Training;

Based on Directive No. 270/CT dated July 23, 1992 of the Chairman of the Council of Ministers (now Prime Minister) on sending Vietnamese citizens to study abroad under new circumstances;

In accordance with the agreement with the Ministry of Foreign Affairs in Circular No. 046-CV/NG-TCCB dated January 5, 2001 of the Ministry of Foreign Affairs;

At the proposal of the Director of the Political Work Department;

 

DECISION:

Article 1The attached "Regulation on Managing Vietnamese Citizens Studying Abroad" is hereby promulgated along with this Decision.

Article 2This Decision shall take effect fifteen days from the date of signature and replace Decision No. 1962/QD dated November 19, 1990 of the Minister of Education and Training on issuing the "Regulation on Overseas Student Affairs." All previous regulations contrary to this Decision are hereby abolished.

Article 3The Heads of the Office, Heads of units related to the Ministry of Education and Training, and the departments responsible for overseas student affairs at Vietnamese representative offices abroad are responsible for implementing this Decision.        

             

REGULATIONS

MANAGEMENT OF VIETNAMESE CITIZENS STUDYING ABROAD

(Issued together with Decision No. 23/2001/QĐ-BGDĐT

dated June 28, 2001 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Regulation stipulates the organization of management; obligations and rights; rewards and handling of violations during the period of studying, researching, and training; and the reception upon return to the country for Vietnamese citizens studying abroad.

Article 2. Vietnamese Citizens Studying Abroad

Vietnamese citizens studying abroad are students, trainees, postgraduate students, research fellows, internship students, apprenticeship students, and participants in short-term training courses, collectively referred to as overseas students (OS). Overseas students are divided into two groups:

1. Overseas Students Receiving Scholarships

Overseas students receiving scholarships are Vietnamese citizens studying abroad who are provided scholarships from state budget funds; scholarships from agreements and arrangements between the Government of the Socialist Republic of Vietnam (or agencies authorized by the Vietnamese Government) and foreign governments (or agencies authorized by foreign governments) or international organizations; scholarships from foreign governments, international organizations, non-governmental organizations, or individuals providing assistance through the Vietnamese Government; scholarships from local funds or state-owned enterprises.

2. Self-Financed Overseas Students

Self-financed overseas students are Vietnamese citizens studying abroad using self-funded expenses (fully or partially); expenses from individuals, foreign organizations, or non-state-owned enterprises directly funding the student or other sources of funding not through the Government of the Socialist Republic of Vietnam or not covered by the provisions of Clause 1 of this Article.

 

Chapter II

ORGANIZATION AND MANAGEMENT OF VIETNAMESE OVERSEAS STUDENT AFFAIRS

Article 3. Responsibilities of the Ministry of Education and Training

The Political Work Department, International Relations Department, and related units within the Ministry, within their assigned functions and responsibilities, are responsible for assisting the Ministry of Education and Training in performing state management functions over Vietnamese overseas student affairs with the following main contents:

1. Organizing and directing uniformly the work of Vietnamese overseas students; coordinating with relevant ministries and sectors to develop and issue policies and regulations; drafting and submitting to competent authorities for issuance or issuing according to authority legal normative documents on overseas student affairs.

2. Coordinating with the Ministry of Foreign Affairs and related agencies to improve the organizational model for managing Vietnamese students studying abroad; dispatching staff responsible for overseas student affairs; directing and inspecting the implementation of overseas student affairs at Vietnamese representative offices.

3. Resolving issues related to policies and matters concerning overseas student affairs while studying abroad and after returning to the country.

Article 4. Responsibilities of the Department in Charge of Overseas Student Affairs at Vietnamese Representative Offices Abroad

The representative offices of the Socialist Republic of Vietnam abroad (hereinafter referred to collectively as the Vietnamese Embassy) directly guide the Department in Charge of Overseas Student Affairs (Overseas Student Affairs Office or dedicated staff,兼任或专职工作人员) in performing tasks related to overseas student affairs. The Department in Charge of Overseas Student Affairs is subject to direct and regular guidance on political foreign affairs and internal management from the Vietnamese Embassy, while also being guided on professional and specialized matters by the Ministry of Education and Training. The responsibilities of the Department in Charge of Overseas Student Affairs include:

1.Studying the training situation in the host country to advise the Ministry of Education and Training on sending overseas students for training in fields, areas, and levels that match the training capacity of the host country and meet the requirements of our country.

2.Establishing relations with responsible agencies and training institutions in the host country in implementing agreements and memorandums signed; developing and expanding cooperative training relationships; promptly addressing emerging issues and ensuring the legitimate rights of overseas students.

3.Receiving and managing (directly or through the Overseas Student Unit) Vietnamese students studying, researching, and interning in the host country.

4.Conducting ideological education, Communist Youth League work, and Youth-School Student Association activities among overseas students; disseminating, guiding, and supervising overseas students in implementing Party policies and State regulations, rules and regulations of the Ministry of Education and Training, and the Vietnamese Embassy regarding overseas students.

5.Assisting, encouraging overseas students in their studies, research, internships, and moral cultivation, fostering their connection with their homeland, and doing well in friendly relationship work in the host country.

6.Coordinating regularly with the Ministry of Education and Training to promptly address issues related to overseas student affairs. Evaluating, introducing, and resolving matters when overseas students graduate or return home before graduation.

7.Based on the characteristics of each area's work and specific guidance from specialized departments under the Vietnamese Embassy, preparing annual budget estimates for assigned tasks and reporting to the Ambassador for consideration and inclusion in the embassy's overall budget estimate. Receiving funds (if allocated) and disbursing them in a timely manner according to prescribed regulations and to overseas students eligible for state support from the national budget.

8.Reporting periodically (every six months and annually) on the implementation of assigned tasks to the Vietnamese Embassy and the Ministry of Education and requesting the Ministry of Education and Training for instructions to ensure uniformity in management before submitting to the Ambassador for decision.

Article 5. Overseas Student Units

1.The Overseas Student Unit is a self-managed organization of overseas students established by the Vietnamese Embassy upon the request of the Ministry of Education and Training for unified management instructions before submission to the Ambassador for approval.

Article 5. Overseas Student Units

1.The Overseas Student Unit is a self-managed organization of overseas students established by the Vietnamese Embassy, directed and managed by it.

2.The Representative Council of the Overseas Student Unit (unit at the base, city unit, or regional unit) is elected by the Overseas Student Unit, reviewed and recognized by the Vietnamese Embassy with a term of one year. Depending on the number of overseas students, the Council consists of 1 to 3 (or 5) members including the unit head, 1 or 2 deputy heads, and other members.

AT For newly established Overseas Student Units without conditions to hold elections, the Representative Council is temporarily appointed by the Vietnamese Embassy. Within 3 to 6 months from the date of establishment, the unit must organize an election for the formal Representative Council of the Overseas Student Unit.

3.Duties and powers of the Representative Council of the Overseas Student Unit:

a.Directly managing and mobilizing students within the unit to study, cultivate, implement the rules and regulations of the Ministry of Education and Training, the Vietnamese Embassy, and the training institution in the host country, conducting friendly activities.

b.Maintaining regular contact with the Department in Charge of Overseas Student Affairs at the Embassy, providing accurate and objective information about the studies and cultivation of overseas students, and receiving direct guidance to resolve issues related to overseas students in the unit and assist the Embassy in evaluating and introducing students returning home.

c.Reviewing and proposing to the Vietnamese Embassy or the training institution in the host country regarding rewards, handling violations, and resolving issues related to the legitimate rights of overseas students.

d.Managing the unit fund contributed by overseas students to serve common activities, contribution levels and expenditures decided democratically by the unit collective.

 

Chapter III

DUTIES AND RIGHTS OF OVERSEAS STUDENTS

Article 6. Obligations of overseas students

Overseas students have the following obligations:

1. Civic obligations

a) Protecting honor and fulfilling civic duties of overseas students towards theVietnamese Socialist Republic.

b) Strictly complying with the laws of the Socialist Republic of Vietnam, theRegulations on managing Vietnamese citizens studying abroad issued by theMinistry of Education and Training, and the regulations of the VietnameseEmbassy regarding overseas students in the host country.

c) Strictly complying with the laws and respecting local customs and traditions;properly implementing the rules concerning study, living, and travel stipulatedby the training institution and the local authorities where they reside; beingaware of maintaining and developing friendly relations with the traininginstitution, local people, and students from other countries.

d) Participating in the overseas student unit and completing necessary registrationprocedures with the department responsible for overseas student affairs at theVietnamese Embassy. Without permission from the Vietnamese Embassy in thehost country, overseas students may not establish or participate in activities ofassociations, political organizations, or other political activities.

2. Study, research, and internship obligations

a) Overseas students receiving scholarships must fulfill their study, research, andinternship obligations according to the prescribed duration, level, and fieldassigned or registered. In cases requiring changes, overseas students must submitan application to the Vietnamese Embassy in the host country for considerationand resolution after obtaining opinions from the Ministry of Education andTraining and the competent authority (if they are civil servants or governmentemployees).

b) Strictly complying with the arrangements for scientific advisors, studylocations, research sites, and internship locations set by the training institution.In cases requiring changes, overseas students should present their views to thetraining institution and the competent training management authority in thehost country for resolution and report to the Vietnamese Embassy.

c) Completing the training program and plan within the prescribed timeframeaccording to the regulations of the training institution in the host country.

d) Reporting study and research results after each semester and academic yearto the Vietnamese Embassy through the overseas student unit (if it exists).

đ) Overseas students receiving scholarships may not repeat grades or extendresearch and internship periods. In cases of illness or accidents confirmed by ahospital or other special reasons, overseas students must obtain permissionfrom the Vietnamese Embassy to repeat grades or extend periods afterobtaining opinions from the Ministry of Education and Training and thecompetent authority (if they are civil servants or government employees). Ifoverseas students extend their study or research periods without permissionfrom the Vietnamese Embassy, they will be subject to current violationpenalties and must bear all financial costs themselves as if they were self-fundedstudents.

3. Obligation to participate in collective activities

Overseas students should participate in organizational activities of the Ho ChiMinh Communist Youth Union and the Vietnamese Student Association organizedby the Vietnamese Embassy; taking responsibility for building and bondingwith the collective and being directly managed by the overseas student unit.

4. Obligation to reimburse training expenses

Overseas students receiving scholarships must fully or partially reimburse thetraining expenses to the Vietnamese State according to the current regulationson reimbursement of training expenses for overseas students. If overseasstudents are civil servants or government employees sent for training by anauthority, the obligation to reimburse training expenses shall be implementedin accordance with Decree No. 96/1998/NĐ-CP dated November 17, 1998 of theGovernment on "Termination Regulations for Civil Servants and GovernmentEmployees" and Circular No. 28/1999/TT-BTCCBCP dated July 31, 1999 of theGovernment's Organization and Cadre Management Board on guiding theimplementation of the aforementioned decree.

Article 7. Rights of overseas students

Overseas students have the following rights:

1. Right to equality in overseas study

Overseas students are equal in rights and obligations; their legitimate interestsare protected by the Vietnamese Embassy during their stay for study abroad; theyare utilized by the State and enjoy preferential treatment according to currentregulations after graduation and returning to work in Vietnam.

2. Right to study and engage in scientific activities

The State encourages overseas students to participate in scientific activitiesorganized by educational institutions (participating in scientific research,excellence student competitions, conferences, seminars, and scientific reportspresentations both domestically and internationally) to enhance their learningand research capabilities, complete their courses with high quality. Thoseoverseas students who are truly talented and recognized by foreign educationalinstitutions will be prioritized in selection processes and provided conditionsfor further studies at higher levels (if they wish).

3. Right to transfer to another program

Overseas students who successfully complete their training programs, meet allconditions and standards set forth by the Ministry of Education and Training forprogram transfers, and are proposed in writing by the receiving institution andapproved by the competent authority (if they are civil servants or governmentemployees), have the right to submit their application to the VietnameseEmbassy in the host country for review and decision after obtaining the opinionof the Ministry of Education and Training.

The procedures for transferring to another program are stipulated in Appendix1 of this Regulation.

4. Right to defend a thesis for internship students

Scientific internship students who successfully complete their tasks and havethe ability to defend a thesis to obtain a degree (Doctorate or Doctor ofScience) according to the regulations of the host country, meet all conditionsset forth by the Ministry of Education and Training, and are approved in writingby the receiving institution, may submit their application to the VietnameseEmbassy for review and decision after obtaining the opinions of the Ministry ofEducation and Training and the competent authority (if they are civil servantsor government employees).

5. Right to self-funding continuation and working as a collaborator

Overseas students who have received scholarships and completed their studies,with approval in writing from the competent authority (if they are civilservants or government employees), may remain in the host country for self-fundedstudy, research, or work as a scientific collaborator or production contractemployee for up to three years. These students must submit their application tothe Vietnamese Embassy for review and decision after obtaining the opinion ofthe Ministry of Education and Training. They must cover all expenses themselves,purchase their own return tickets, and purchase various types of insurance.Overseas students working as scientific collaborators or production contractemployees at foreign institutions must comply with tax obligations according tocurrent Vietnamese laws.

6. Right to conduct internships and collect materials in Vietnam

Scientific activities serving the training program are mainly conducted in thehost country. In cases where such activities must be carried out in Vietnam,such as surveys, internships, collecting materials, specimens for experiments,overseas students must report to the Vietnamese Embassy in the host country forreview and resolution. Students must comply with the regulations on bringingmaterials and items out of the country as stipulated by the State.

7. Right to take leave

During leave, overseas students can return to Vietnam or visit relatives inother countries (third countries), invite relatives to visit if permitted byauthorities in the host country. Before taking leave or visiting third countries,students must report to the Vietnamese Embassy in the host country.

8. Consular protection rights

a) After arriving at the educational institution in the host country, overseastudents are responsible for contacting and registering with the VietnameseEmbassy in the host country to be managed and protected under consularprotection during their stay for study abroad.

b) Overseas students who need to resolve consular issues (passports, visas)and judicial issues (marriage registration, birth registration) can have thesematters resolved on-site by the Vietnamese Embassy according to its authorityand the laws of Vietnam and the host country.

9. Financial benefits rights

a) Overseas students who receive scholarships are entitled to scholarshipfunds, monetary awards for academic achievements and scientific research,occupational allowances, and insurance benefits provided by the receivinginstitution, international organizations according to agreements and agreementsalready signed, or funded by the Vietnamese Government according to stipulatedregulations.

For overseas students receiving scholarships from local government or state-enterprise funds, financial benefits are handled by the sending educationalinstitution.

b) Expenses for activities stipulated in Clause 2, 4, 6, and 7 of this Articleare covered either by the students themselves or by the receiving institutionfrom local government or state-enterprise funds.

10. Complaint and accusation rights

Overseas students have the right to complain and accuse improper decisions andactions of authorities or individuals with jurisdiction in the management ofoverseas students. Complaints and accusations must be carried out in accordancewith Vietnamese law.

Article 8. Rights of self-funded overseas students

During their study and research abroad, self-funded overseas students, afterregistering and being managed by the Embassy (the section responsible foroverseas student affairs) within the organizations of overseas students, shallenjoy the following rights:

1. To be managed, assisted, and provided with favorable conditions in allaspects similar to those provided to scholarship recipients, as stipulated inArticle 7 of this Regulation.

2. Upon graduation, if self-funded overseas students meet the conditions andstandards set forth by the Ministry of Education and Training regardingcontinuing education at a higher level, they shall have the right to expresstheir wishes and submit their application to the Vietnamese Embassy in the hostcountry for consideration to continue their studies as scholarship recipients inaccordance with the current regulations of the Ministry of Education andTraining.

3. Self-funded overseas students who graduate with excellent grades and havemorally sound political qualities shall, upon returning to Vietnam, be givenpriority by the Ministry of Education and Training to be introduced to relevantauthorities for employment.

 

Chapter IV

ACCEPTANCE OF OVERSEAS STUDENTS UPON RETURN TO VIETNAM

Article 9. Completion of training abroad

1. Returning to Vietnam on time

Overseas students receiving scholarships must return to Vietnam according to thetime specified by the Vietnamese Embassy or the competent authority in the hostcountry upon completion of their training program (graduation or non-graduation).In case they fail to comply and their reasons are not accepted by the Embassy orthe competent authority in the host country, the students must resolve all relatedprocedures at their own expense (purchase return tickets, extend visas,accommodation).

2. Submitting documents after returning to Vietnam

Within one month after returning to Vietnam, scholarship recipients must submittheir documents to the Ministry of Education and Training in Hanoi or the OfficeII of the Ministry of Education and Training in Ho Chi Minh City to present theirdocuments and resolve matters related to their status after returning to Vietnam.

Overseas students receiving scholarships from local government or stateenterprises must submit their documents to the sending institution uponreturning to Vietnam.

The documents of overseas students (graduated and non-graduated) returning toVietnam are specified in Appendix 2 of this Regulation.

Article 10. Acceptance and resolution of overseas students returning to Vietnam

1. Overseas students graduating and returning to Vietnam

a) Overseas students receiving scholarships who graduate and return to Vietnammust work according to the State's dispatch. From the date of submitting theirdocuments to the Ministry of Education and Training, after the waiting periodfor job assignment as prescribed by the Government, if there is no decision onjob dispatch as required by the State, the students may seek employment on theirown or the Ministry of Education and Training will assist them in findingemployment.

b) Overseas students receiving scholarships who are civil servants, uponreturning to Vietnam (after submitting all necessary documents and completingall related procedures), shall be assigned to work by the sending agency througha written notification from the Ministry of Education and Training. Any transfersto other agencies shall be handled by the sending agency.

2. Overseas students not graduating and returning to Vietnam

a) Overseas students receiving scholarships who do not graduate and return toVietnam under the obligation to reimburse training costs as stipulated in Clause4 of Article 6 of this Regulation must complete their obligation to reimbursetraining costs to the State before being resolved to return to the sendingagency, return to the locality, or be recommended to continue studying inVietnam.

The reimbursement of training costs for overseas students receiving scholarshiptraining funds from local governments or state enterprises shall be handled bythe sending institution in accordance with current regulations.

b) Overseas students receiving scholarships who do not graduate and return toVietnam due to health reasons, poor academic performance, or other validreasons, after being reviewed and recommended by the Vietnamese Embassy, shallbe considered by the Ministry of Education and Training for recommendation tocontinue studying in Vietnam in the corresponding field of study as pursuedabroad.

3. Self-funded overseas students

Self-funded overseas students who graduate and return to Vietnam, or those whodonot graduate and return to Vietnam, if they submit all required documents (astipulated in Appendix 2 of this Regulation) to the Ministry of Education andTraining, shall be assisted by the Ministry of Education and Training to findemployment (if graduated), reintroduced to the training institution, agency,unit, or locality where they were previously based (if not graduated).

In cases where self-funded overseas students have passed the admission exam(abroad, certified by the competent authority in the host country) and beenadmitted to vocational high school, college, or university programs abroad, andhave received scholarships from the host country but return without graduatingdue to common reasons (health, family circumstances, personal aspirations), afterbeing reviewed and recommended by the Vietnamese Embassy, if there is a placefor acceptance, they shall be considered by the Ministry of Education andTraining for recommendation to continue studying in Vietnam in the correspondingsubject area as studied abroad.

 

Chapter V

REWARD AND VIOLATION HANDLING

Article 11. Awards for groups and individuals of overseas students

At the end of each academic year and throughout the entire course of study, groupsand individuals of overseas students who have outstanding achievements in theirstudies, training, and friendly activities, and who comply well with regulations andrules of Vietnam and the host country, upon proposal from the overseas student unit,shall be considered for awards by the Vietnamese Embassy in the following forms:

1. Commendation,

2. Awarding certificates of merit,

3. Proposing the Minister of Education and Training or relevant authorities to awardprizes according to the general regulations of the State.

Article 12. Handling violations by groups and individuals of overseas students

1. Groups and individuals of overseas students who violate the laws of the SocialistRepublic of Vietnam, the laws of the host country, the Regulations on ManagingVietnamese Citizens Studying Abroad, and the rules of the Vietnamese Embassy andtraining institutions in the host country regarding studies and living conditions shallbe subject to handling by the Vietnamese Embassy in the following forms dependingon the nature and degree of violation:

a) Reprimand,

b) Warning,

c) Suspension of studies and return to Vietnam,

d) Referral for prosecution according to the law.

2. Overseas students who are civil servants and violate the provisions, in addition tothe handling measures stipulated in Clause 1 of this Article, shall also be handledaccording to the Civil Servant Ordinance.

Article 13. Awards and handling of violations for groups and individuals engaged inoverseas student management work

Groups and individuals with outstanding achievements in overseas studentmanagement work or those who violate the provisions of the Regulations on ManagingVietnamese Citizens Studying Abroad shall be considered for awards or handling ofviolations according to current regulations of the Vietnamese State.

                                                           

ANNEX

(Attached to the Regulations on Managing Vietnamese Citizens Studying Abroad)

Appendix 1. Documents for application to continue studies include:

1) Application for continuation of studies sent to the Vietnamese Embassy in the hostcountry.

2) Copies of graduation certificates and academic results, and other certificates anddiplomas related to academic achievements and scientific activities abroad.

3) A written evaluation, recommendation, and agreement to continue training by thehost country's training institution, clearly stating the training costs.

4) Written approval from the managing authority for continuation of studies.

5) Research topics and outlines for doctoral students continuing their studies.

Appendix 2. Documents for graduated and non-graduated overseas students returning to Vietnam.

1. Documents for graduated overseas students returning to Vietnam include:

a) Report on academic results throughout the entire course of study.

b) Certificates, diplomas, and related documents issued by the host country's traininginstitution.

c) Evaluation letter and introduction letter for return to Vietnam issued by theVietnamese Embassy in the host country.

d) Other related documents.

2. Documents for non-graduated overseas students returning to Vietnam include:

a) Evaluation letter, introduction letter, or Decision for return to Vietnam issued bythe Vietnamese Embassy in the host country.

b) Academic records (grade sheets) from years of study abroad issued by the hostcountry's training institution.

c) Related documents concerning non-graduated overseas students returning toVietnam issued by the host country's training institution or management authority.

d) An account of reasons for non-graduation and return to Vietnam by the overseasstudent./.