Decision No. 513/2000/QĐ-BTM stipulates the selection and management of civil servants and employees going abroad for study and research. The regulation applies to individuals within the state budget who have been recruited for at least one year or have worked under a contract for two years or more. Those selected to study abroad retain their salary benefits for their families and are responsible for serving a post-study service period.
적용 범위
Civil servants and employees within the state budget; individuals newly recruited into state agencies for at least one year; workers working under contracts for two years or more.
핵심 사항
- Civil servants and employees considered for studying abroad must meet the specified criteria and subjects outlined in the admission requirements (regarding specialization, age, language proficiency, gender, length of service...);
- Administrative and public service unit heads, General Corporations, and corporations directly under the Ministry are responsible for selecting candidates to study;
- When there are quotas, the Cadre and Civil Service Department bases the specific criteria on the course content and the anticipated selecting unit, then submits it for approval by the Ministry's leadership;
- Staff sent to study abroad for less than one month receive 100% of their salary; for one month or longer, they leave 40% of their rank salary and position allowance (if applicable) for their family;
- Staff must comply with commitment regulations, adhere to rules, complete tasks, and return on time; if violated, disciplinary action will be taken and training costs reimbursed;
🌐 이 문서의 사회적 영향
- Positive impact: Enhancing the professional capacity of civil servants and employees through overseas study;
- Negative impact: Economic burden on families and units when staff are sent to study abroad;
- Balance: Staff sent to study abroad must fulfill their service obligation after completing their studies;
❓ 자주 묻는 질문
Who is considered and selected to go abroad for study?
The considered and selected subjects include civil servants and employees within the state budget; individuals newly recruited for at least one year; and workers working under contracts for two years or more;
What benefits do staff sent to study abroad have?
Staff sent to study abroad for less than one month receive 100% of their salary; for one month or longer, they leave 40% of their rank salary and position allowance (if applicable) for their family. Study results serve as the basis for annual merit awards and salary increments;
What regulations must staff follow when studying abroad?
Staff must commit to long-term work at the sending agency (at least three years); comply with the laws and regulations of the host country; complete tasks and return on time. If exceeding the deadline without permission from the competent authority, disciplinary measures will be applied;
How are staff dealt with if they violate regulations?
If staff violate regulations, they will face dismissal and loss of domestic benefits. Additionally, violators must reimburse training costs to the state;
What must civil servants returning from six months or more of study abroad do upon return?
Within fifteen days of returning, staff must submit a report on their study results to the Ministry (Cadre and Civil Service Department) and the direct managing agency. Civil servants and employees pursuing graduate studies or doctoral degrees must also submit copies of their graduation certificates and thesis defense papers for Ministry management.
전문
Pursuant to …;
Regarding the issuance of the Regulation on the selection and management of civil servants and officials studying and researching abroad,
civil servant going abroad for study and research
THE MINISTER OF TRADE
Pursuant to Decree No. 95/CP dated December 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;
Based on the proposal of the Director of the Personnel Department.
Pursuant to …;
Article 1. This Decision promulgates the Regulation on the selection and management of civil servants and officials studying and researching abroad.
Article 2. This Decision takes effect from the date of signature. All previous regulations that conflict with this Decision are hereby abolished.
Article 3. The Permanent Deputy Minister of the Ministry, the Director of the Personnel Department, and the Heads of subordinate units shall be responsible for implementing this Decision./.
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DEPUTY MINISTER
DEPUTY MINISTER
(Signed)
Do Nhu Dinh
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REGULATIONS
Selection and management of civil servants,
civil servant going abroad for study and research
(Attached to Decision No. 534/2000/QĐ-BTM dated March 24, 2000 of the Minister of Trade)
PART I
GENERAL PROVISIONS
Article 1. The selection of individuals to study and research abroad must be based on the requirements and tasks of the unit or the objectives and requirements of the Project, and must comply with the provisions of the State.
Article 2. The subjects eligible for consideration and selection to study include:
Civil servants and officials within the state establishment;
Individuals newly recruited into state agencies who have completed one year of probation;
Workers employed under labor contracts within the labor establishment of the agency or enterprise for two years or more;
All of the above subjects are collectively referred to as "cadres" hereinafter.
Article 3. The heads of administrative and service units, General Companies, and companies directly under the Ministry must ensure that the selection of individuals to study abroad meets the specified criteria and subjects (regarding specialization, age, language proficiency, gender, length of service, etc.) and must bear responsibility before their superiors for such selections. In cases where cadres request to study at their own expense, they must have valid documentation regarding the type of training and must obtain the approval of the head of the unit, which must then be reported to the leadership of the Ministry for decision.
Chapter II
SELECTION PROCEDURE
Article 4. When there are quotas for studying abroad, the Personnel Department bases on the content of the course, the anticipated selecting unit, and proposes specific criteria, which are submitted for approval by the Ministry's leadership.
Article 5. Units allocated quotas by the Ministry for selecting individuals to study and receive training abroad must implement the following steps:
1) The head of the unit publicly informs all cadres in the unit about the content of the training course, duration of training, quota, criteria, and subjects for selection so that cadres who wish to participate and meet the criteria can register for the training program.
2) The head of the unit reviews the list of cadres applying to study, compares it with the prescribed criteria, proposes candidates for study, and decides through consultation (Party, administration, trade union).
In urgent cases requiring immediate selection, the head of the unit reviews and decides, informing the Party Secretary or branch secretary and the trade union secretary.
3) The unit prepares a nomination document for the individual to study and sends it to the Ministry (Personnel Department) within the specified time frame. The document must be signed by the head of the unit (or deputy when the head is absent on official business).
The nomination document for cadres to study includes the following main contents:
Name:
I solemnly declare that the above statements are true and I am willing to take responsibility under the law for my declarations.
Professional qualifications:
Language proficiency level:
Position, working unit: Current job:
The dossier sent to the Ministry (Personnel Department) includes:
Curriculum vitae (with attached photo 4x6 cm)
Official letter nominating cadres to study from the unit.
Application forms filled out and any additional documents required for the selection process.
If studying abroad is funded by the Ministry of Education and Training, additional documents as required by the Ministry of Education and Training must also be submitted.
Article 6. The Department of Organization and Cadres shall examine the candidate's file, compare it with the selection criteria and target groups; submit for approval by the Ministry's leadership and send the file along with the dispatch letter for cadres to attend training to the designated place.
When the candidate's file is accepted and a call-up notice is issued, the Department of Organization and Cadres shall issue a decision on dispatching cadres for training, submit for approval and signature by the Ministry's leadership.
Chapter III
RIGHTS AND RESPONSIBILITIES OF PERSONS SELECTED FOR TRAINING ABROAD
SEND FOR TRAINING ABROAD
Article 7. 1) Cadres dispatched to study, intern, or train abroad shall leave 40% of their rank salary or position salary for their family (as stipulated in Circular No. 32/LDTBXH dated December 9, 1993 of the Ministry of Labor, Invalids and Social Affairs regarding "guidelines for implementing the salary retention system for family members of state cadres, workers, and armed forces personnel studying, working, or training abroad").
The Ministry of Trade shall provide specific guidance as follows:
a) Cadres dispatched to study abroad for less than one month shall enjoy 100% of their salary.
b) In cases where cadres study abroad for one month or more, they shall leave 40% of their rank salary and position allowance (if applicable) for their family.
The results of study and research of cadres attending training shall serve as the basis for assessment of competition and annual salary increment.
2) Cadres studying abroad for long-term periods (interns, research students) for one year or more, upon completion of their tasks and return to the country, must serve at the agency or unit that dispatched them for at least one year before being considered for further short-term training abroad (less than three months).
3) Young scientific cadres (under 42 years old) with good professional competence and moral character, currently serving as interns abroad, if wishing to extend their stay to defend a thesis for a Master's or Doctorate degree, must meet the following conditions and can only be allowed to extend once:
They must have a written acceptance from the Research Institute or University where they are studying or interning, and receive a scholarship or self-fund.
They must obtain agreement from the Vietnamese representative office in that country or regional management.
They must have a written request from the agency or unit managing cadres and must be approved by the Ministry.
If the scholarship is provided by the Ministry of Education and Training, it must be approved by the Ministry of Education and Training.
Article 8. All cadres dispatched to study abroad must comply with the following regulations:
1) If dispatched to serve as interns or research students for one year or more, they must provide a written commitment to work long-term at the agency or unit that dispatched them upon completion of their studies (at least three years).
2) They must strictly adhere to all regulations and systems prescribed by the Vietnamese State and the laws of the host country.
3) They must complete their assigned tasks and return to the country within the time specified in the dispatch decision.
If they exceed the specified period without permission from the competent authority, the agency or unit sending the cadre must report this to the Ministry.
If they exceed the period specified in the dispatch decision by ninety days, the head of the agency or unit must apply disciplinary measures to terminate their employment and cut off domestic benefits according to Decision No. 957/1997/QĐ-TTg dated November 11, 1997 (Article 3) of the Prime Minister regarding "Improving some procedures for departure and handling issues related to Vietnamese citizens who have not returned to the country within the specified period."
In addition to the above provisions, violators must also compensate the State for training costs according to Circular No. 28/1999/TT-BTC dated July 31, 1999 (Article 8, Point 2) of the Government's Organizational Cadre Office (including cases of voluntarily returning home before the scheduled date).
In cases where the violator is a member of the Communist Party of Vietnam, in addition to the aforementioned disciplinary measures, the agency managing the cadre must report to the same-level Party Committee to impose Party disciplinary actions.
4) They must submit a personal self-assessment report confirmed by the Vietnamese Representative Office in the host country before returning home (for cadres who are interns, research students, or have studied or received training for six months or more).
Within fifteen days of returning to the country, cadres must submit a report on their study and research results to the Ministry (Department of Organization and Cadres), simultaneously sending it to the direct managing agency or unit of the cadre. Cadres pursuing postgraduate studies or doctoral research must also submit copies of their graduation certificates and defended dissertations for the Ministry's record.
Civil servants dispatched to study, research, or intern abroad for six months or more, upon returning to the country, must have an introduction letter or a decision on redeployment by the Ministry to their original unit to be eligible for job placement.
Chapter IV
IMPLEMENTING PROVISIONS
Article 9. The heads of units and civil servants under the Ministry shall be responsible for implementing this regulation. In the course of implementation, if there are any unclear or unsuitable points, they shall report to the Ministry (Department of Organization and Cadres) in writing so that the Ministry may provide guidance or supplements./.
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