Circular No. 30/2018/TT-BGDĐT Issuing the Regulation on Management of Foreign Students Studying in Vietnam

CIRCULAR

BIssuing the Regulation on Managing Foreign Students Studying in Vietnam

Pursuant to the Education LawNo. 38/2005/QH11 dated June 14, 2005; the Education LawNo. 44/2009/QH12 dated November 25, 2009 amending and supplementing certain articles of the Education Law No. 38/2005/QH11;

Pursuant to the Higher Education Law No. 08/2012/QH13 dated June 18, 2012;

Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

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

The Minister of Education and Training issues this Circular on the Regulation on Managing Foreign Students Studying in Vietnam.

Article 1. Attached to this Circular is the Regulation on Managing Foreign Students Studying in Vietnam.

Article 2. This Circular takes effect from February 8, 2019. This Circular replaces Circular No. 03/2014/TT-BGDĐT dated February 25, 2014 of the Minister of Education and Training on the issuance of the Regulation on Managing Foreign Students Studying in Vietnam.

Article 3. Director of the Office, Director of the International Cooperation Department, Heads of relevant units under the Ministry of Education and Training; Heads of educational institutions; Directors of provincial Departments of Education and Training; organizations and individuals related shall be responsible for implementing this Circular./.

REGULATIONS

Article 24Managing foreign students studying in Vietnam
(Annexed to Circular No. 30/2018/TT-BGDĐT dated 24 the 2018 of the Minister of Education and Training 2018 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Regulation stipulates the management of foreign students studying in Vietnam, including: conditions for receiving, training, and managing international students; rights and responsibilities of international students.

Article 2. This Regulation applies to foreign students studying at educational institutions within the national education system of Vietnam, including: elementary school students, middle school students, high school students, teacher training colleges; college and university students; master's program trainees; research fellows; advanced training program trainees; internship trainees (hereinafter collectively referred to as international students) and related organizations and individuals.

Article 2. Interpretation of Terms

In these Regulations, the following terms shall be understood as follows:

Point 1. Agreement-based international students are foreign nationals accepted to study in Vietnam and granted scholarships by the Government of Vietnam according to international treaties to which Vietnam is a party.

Point 2. Non-agreement-based international students are foreign nationals accepted to study in Vietnam pursuant to agreements or training contracts between Vietnamese educational institutions and individual international students or organizations and individuals sponsoring scholarships for international students.

Point 3. Educational institutions accepting and training international students include general education schools, teacher training colleges, college teacher training schools, and higher education institutions.

Point 4. Accommodation facilities serving international students are residential facilities permitted to accept foreigners to reside during their studies in Vietnam.

Article 3. Languages Used in Teaching and Learning

1. Vietnamese is the official language used in national educational institutions in Vietnam.

2. Exchange students may study and research using other languages permitted by educational institutions for training purposes.

 

Chapter II

ARTICLE ON THE CONDITIONS FOR ACCEPTANCE, TRAINING AND MANAGEMENT OF EXCHANGE STUDENTS

 

Article 4. Academic and Professional Qualifications

1. Exchange students entering primary, secondary, and high school levels shall be accepted in accordance with the regulations stipulated in the Charter of Primary Schools, Secondary Schools, and High Schools.

2. Exchange students enrolling in associate teacher education programs, college teacher education programs, bachelor's, master's, and doctoral programs must have a minimum equivalent graduation certificate to that of Vietnam’s graduation certificates as prescribed by Vietnamese laws or international treaties to which Vietnam and the sending country are members, for each level and training program.

3. Exchange students entering advanced professional and vocational training courses must meet the conditions and standards agreed upon between Vietnam and the sending party or according to the signed training contracts.

4. Exchange students entering specialized internships must meet academic and professional requirements as stipulated by the educational institution accepting the internship.

5. Exchange students entering arts and sports majors (culture, art, fine arts, architecture, physical education and sports) must, in addition to the conditions set forth in this Article, meet the requirements of aptitude tests or examinations as specified by the educational institution accepting the training.

6. Exchange students must complete supplementary specialized knowledge courses to meet the requirements for enrollment in master's and doctoral programs (if necessary), organized by the educational institution accepting the training within a maximum period of one academic year following the completion of Vietnamese language proficiency requirements.

Article 5. Health and Age Conditions

1. Exchange students must be in good health to study in Vietnam. Upon arrival in Vietnam, exchange students must undergo a health check at a healthcare facility designated by the educational institution accepting the training or a Vietnamese exchange student service center. In cases where they suffer from dangerous infectious diseases as defined by Vietnamese law or are not in good health to study, exchange students must return to their home country.

2. The age condition for exchange students under agreements shall be implemented according to international treaties to which Vietnam is a member. There is no age limit for exchange students outside of agreements.

Article 6. Language Conditions

1. Exchange students who have graduated from general education, associate, college, university, master's, and doctoral programs in Vietnamese or have reached a Vietnamese language proficiency level of B2 (level 4/6) or higher as defined in Circular No. 17/2015/TT-BGDĐT dated September 1, 2015, issued by the Minister of Education and Training on the Vietnamese Language Proficiency Framework for Foreigners, are exempted from Vietnamese language requirements.

2. Exchange students registering to study, research, or intern in a language other than Vietnamese, which the educational institution accepting the training is permitted to use, must meet the specific language proficiency requirements of each program. Exchange students who are native speakers (of the language used in study, research, or internship) or have graduated from general education, associate, college, university, or master's and doctoral programs in that language are exempted from foreign language requirements.

3. Exchange students who do not yet meet the Vietnamese language proficiency level required to enter formal Vietnamese-language programs must enroll in preparatory Vietnamese language courses.

a) The Ministry of Education and Training arranges for agreement-based exchange students to enroll in preparatory Vietnamese language training institutions. Educational institutions accepting non-agreement-based exchange students must organize preparatory Vietnamese language programs for them or send them to preparatory Vietnamese language training institutions.

b) The duration of preparatory Vietnamese language courses for agreement-based exchange students shall be carried out according to international treaties to which Vietnam is a member; for non-agreement-based exchange students, it shall be carried out according to agreements or training contracts signed with Vietnamese educational institutions.

c) After completing the preparatory course, exchange students must take a Vietnamese language proficiency test; if they meet the requirements, they will be transferred to the formal program; if they do not meet the requirements, they must continue supplementary studies and retake the test until they meet the requirements and obtain a certificate to be transferred to the formal program.

Article 7. Non-mandatory subjects for international students

1. International students enrolled in secondary teacher training programs, college teacher training programs, bachelor's, master's, and doctoral programs are exempt from the mandatory foreign language proficiency standards applicable to Vietnamese citizens studying corresponding programs taught in Vietnamese.

During the training period, the head of the educational institution shall consider organizing advanced Vietnamese language courses to replace foreign language courses for international students.

2. International students enrolled in secondary teacher training programs, college teacher training programs, and bachelor's programs are exempt from the National Defense-Education and Security course and may choose alternative subjects including: advanced Vietnamese language, Vietnamese Culture, Vietnamese History, or other elective subjects determined by the head of the educational institution based on the actual conditions of the institution.

3. The provisions of Clause 2 of this Article do not apply to cases where international students are admitted to study majors related to national defense and security.

Article 8. Study duration and changes during the study period

1. Duration of study to obtain diplomas, certificates, and certifications

a) The duration of study according to levels and education qualifications is implemented in accordance with the Education Law, Higher Education Law, and relevant legal regulations;

b) The duration of professional skill enhancement training, internship periods for interns are carried out according to agreements between Vietnam and the sending country for training.

2. Adjustment of study duration

a) International students can shorten their training time but must complete the program content as stipulated by current regulations;

b) International students under agreements need to extend their study and research time to complete the training program, including pre-Vietnamese language study time, must have the agreement of the sending country and be approved in writing by the head of the educational institution where the student is studying;

c) For international students outside agreements, extending study time is carried out according to agreements and training contracts with the educational institution where the student is studying.

3. Suspension of studies

a) During the study period, international students under agreements can suspend studies for up to 12 months if there are valid reasons agreed upon by the sending country and permitted in writing by the educational institution;

b) The suspension period for international students outside agreements is carried out according to agreements and training contracts with the educational institution.

4. Change of major, change of educational institution

a) International students under agreements can only change majors or educational institutions with the consent of the sending country and a decision by the educational institution (for changing educational institutions, written agreement from both the sending and receiving institutions is required). Changing majors or educational institutions can only be done once and applies to international students studying at the college level or higher;

b) Changing majors or educational institutions for international students outside agreements is carried out according to agreements and training contracts with the educational institution.

Article 9. Training costs

1. For international students under agreements

a) Standards, benefits, and training costs are implemented according to current regulations of the Ministry of Finance and international treaties to which Vietnam is a member;

b) If international students need to extend their study time to complete the training program due to changing majors, changing educational institutions, or personal reasons that prevent them from meeting the required progress, they will not receive the current standards and benefits during the extended period. All additional costs arising from the extension of study time are borne by the sending country and the international student, except for specific categories defined in international treaties to which Vietnam is a member;

c) If international students suspend their studies, they will not receive the current standards and benefits during the suspension period. After the suspension period, if the student meets the conditions to continue studying, they will resume receiving the standards and benefits as stipulated. The total funding period cannot exceed the total study period specified in the initial Decision.

2. For international students outside agreements

Training costs are carried out according to agreements and training contracts signed between scholarship sponsors and educational institutions or individual international students and educational institutions. International students bear all other additional costs incurred during their studies in Vietnam.

Article 10. Electronic database for managing international students and reporting system

1. Educational institutions must fully and accurately update information about international students into the electronic database for managing international students at the address http://lhsnn.vied.vn no later than thirty days after the international student arrives in Vietnam to start their studies and annually or when there are changes.

2. Educational institutions shall submit reports on the reception, training of international students, and their academic results (in accordance with the form attached as an appendix) to the Ministry of Education and Training (International Cooperation Department) before December 31 each year (through postal service and data files submitted to the reporting section on the electronic database for managing international students at the address http://lhsnn.vied.vn).

 

Chapter III

RIGHTS AND RESPONSIBILITIES OF INTERNATIONAL STUDENTS

Article 11. Rights of international students

1. Ensuring rights of learners as prescribed.

2. Receiving full information suitable for learning conditions provided by educational institutions and facilities serving international students.

3. Using equipment and means serving learning, cultural, sports activities provided by educational institutions and facilities serving international students.

4. Participating in cultural, artistic, sports activities organized by educational institutions and facilities serving international students for students and trainees.

5. Participating in scientific research activities organized by educational institutions as with Vietnamese citizens.

6. Taking exams, inspections, defending graduation projects, receiving certificates, diplomas upon graduation.

7. Returning home for summer and holiday breaks, inviting relatives to visit according to Vietnamese regulations; taking leave for illness or medical treatment with the consent of the educational institution.

8. International students under agreements enjoy standards and benefits according to current Vietnamese regulations and international treaties to which Vietnam is a member.

9. A group of international students from the same country studying at the same educational institution or living together in a dormitory may elect representatives to manage all aspects concerning their fellow students, serving as liaison with educational institutions or facilities serving international students to resolve matters related to their group.

Article 12. Responsibilities of international students

1. Adhering to the laws of the Socialist Republic of Vietnam.

2. Respecting Vietnamese customs and traditions.

3. Implementing the Regulations on Managing Foreign Students Studying in Vietnam, Training Regulations, School Rules for each level of education issued by the Ministry of Education and Training of Vietnam; Study and Living Regulations stipulated by educational institutions and facilities serving international students.

4. Complying with entry regulations and purposes for studying in Vietnam.

5. Maintaining friendly relations with Vietnamese citizens and international students from other countries.

6. Protecting and safeguarding property of educational institutions and facilities serving international students.

 

Chapter IV

IMPLEMENTATION

Article 13. Rewards and disciplinary actions for international students

1. International students who achieve outstanding results in study, research, and friendly activities shall be rewarded according to Vietnamese laws on commendation and rewards.

2. International students violating discipline will be subject to the following disciplinary measures depending on the severity of the violation:

a) Reprimand;

b) Warning;

c) Suspension of studies and repatriation;

d) Referral to competent authorities for handling according to Vietnamese laws.

3. Disciplinary measures specified in points a and b of Clause 2 of this Article shall be decided by the head of the educational institution or facility serving international students. Disciplinary measures specified in points c and d of Clause 2 of this Article shall be decided by the head of the educational institution or facility serving international students or in coordination with the sending training party and scholarship granting party for non-agreement international students; reported to the Ministry of Education and Training for decision regarding agreement international students.

Article 14. Rewards and Handling Violations for Educational Institutions and Service Providers for International Students

1. Organizations and individuals with outstanding achievements in training, managing, and serving international students shall be rewarded according to the provisions of laws on competition and rewards.

2. Organizations and individuals who violate the regulations of this Regulation and other relevant laws shall be subject to handling according to the level of violation as stipulated by law.

Article 15. Responsibilities of Educational Institutions Accepting Training and Service Providers for International Students

1. Educational institutions accepting training and service providers for international students are responsible for managing international students throughout their study and living period in Vietnam; coordinating with competent authorities to resolve matters related to international students during their study and living periods in Vietnam.

2. Responsibilities of educational institutions accepting international students for preparatory Vietnamese language courses.

a) Issuing decisions to accept international students for preparatory Vietnamese language courses;

b) Developing programs, plans, and teaching materials for Vietnamese language communication and specialized Vietnamese language courses according to different fields of study, levels of education, and categories of international students;

c) Organizing Vietnamese language proficiency tests, issuing certificates or certifications to international students who meet the equivalent level B2 (level 4/6) or higher according to the Vietnamese Language Competency Framework prescribed in Circular No. 17/2015/TT-BGDĐT dated September 1, 2015, issued by the Minister of Education and Training on the Vietnamese Language Competency Framework for Foreigners;

d) Closely coordinating with related educational institutions to hand over international students after completing the preparatory Vietnamese language program to enter the main curriculum;

đ) Reporting to the Ministry of Education and Training on the results of handing over and the academic performance of international students immediately after completing the preparatory Vietnamese language training program as stipulated in Article 10 of this Regulation.

3. Responsibilities of educational institutions accepting international students under agreements to enroll in the main curriculum.

a) Issuing decisions to accept international students into the main curriculum;

b) Ensuring the program, plan, and content, quality of specialized training for international students; arranging classes and instructors; monitoring and managing their studies and research; issuing graduation diplomas or certificates within their authority; recommending the Ministry of Education and Training to adjust general regulations on training programs for international students if necessary;

c) Coordinating with educational institutions providing preparatory Vietnamese language training and those designated by the Ministry of Education and Training to conduct Vietnamese language proficiency tests before enrolling international students in the main curriculum if necessary;

d) Issuing decisions to transfer educational institutions, change majors, extend study periods, or suspend studies for international students according to the provisions of Article 8 of this Regulation;

đ) Implementing reports to the Ministry of Education and Training on the academic situation and results of international students each year and throughout their entire course of study as stipulated in Article 10 of this Regulation.

4. Responsibilities of educational institutions accepting international students outside of agreements.

a) Only accepting training for international students outside of agreements in fields of study that the educational institution is permitted to train;

b) Signing agreements or contracts for training with organizations or individuals sponsoring scholarships for international students, legal representatives for international students, or directly with individual international students;

c) Issuing decisions to accept international students; coordinating with competent authorities to resolve matters related to accepting international students outside of agreements;

d) Fulfilling educational and training responsibilities according to the terms agreed upon in the training agreement or contract;

đ) Implementing financial management for training international students according to current financial regulations;

e) Sending international students outside of agreements (if necessary) to educational institutions providing preparatory Vietnamese language training for international students according to direct agreements and contracts with the preparatory training institutions;

g) Reporting to the Ministry of Education and Training on the results of admissions and academic performance of international students as stipulated in Article 10 of this Regulation.

5. Responsibilities of Service Providers for International Students.

a) Being responsible for the material life and daily activities of international students within their management scope;

b) Coordinating with related units to resolve policies and benefits of the Vietnamese State for international students and implementing regular reporting on the situation of international students to the direct supervising authority for consolidation and reporting to the Ministry of Education and Training.

Article 16. Responsibilities of Departments of Education and Training

1. Coordinate with relevant management agencies to implement the management of foreign students studying at localities in accordance with Vietnamese laws.

2. Submit reports on the situation of foreign students studying at educational institutions within their jurisdiction to the Ministry of Education and Training before December 31 each year, in accordance with the Appendix attached to this Regulation.

Article 17. Responsibilities of Units under the Ministry of Education and Training

1. The International Cooperation Department shall be responsible for:

a) Implementing the acceptance of files of foreign students and assigning educational institutions to train foreign students, facilities serving foreign students to manage foreign students in accordance with international treaties to which Vietnam is a party;

b) Coordinating with diplomatic missions of countries in Vietnam and Vietnamese diplomatic missions abroad in the reception and management of foreign students;

c) Inspecting and supervising the training and management of foreign students by educational institutions receiving foreign students and facilities serving foreign students, to compile and report on foreign students studying in Vietnam.

2. Other Departments, Inspectorates, and the Office of the Ministry shall cooperate with the International Cooperation Department to resolve issues related to foreign students studying in Vietnam according to their assigned functions and tasks.