Decree No. 73/2005/ND-CP on training cadres for the Vietnam People's Army at non-military schools

DECREE

On Training Cadres for the Vietnam People's Army at civilian schools

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Officer Law of the Vietnam People's Army dated December 21, 1999;

Pursuant to the Education Law dated December 2, 1998;

At the proposal of the Minister of National Defense,

DECREE:

Chapter I:

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates on the selection and training of cadres for the Vietnam People's Army at colleges, universities, and other higher education institutions both inside and outside Vietnam (hereinafter referred to as civilian schools); the responsibilities of Ministries, ministerial-level agencies, and government agencies (hereinafter referred to as Ministries and sectors) in selecting and training cadres for the Vietnam People's Army at civilian schools.

Article 2. Training Recipients

1. Young people outside the military, military personnel, defense civil servants, and defense workers who are admitted to military colleges and universities according to the enrollment regulations issued by the Ministry of Education and Training, and meet the criteria and conditions set by the Ministry of National Defense and the Ministry of Education and Training, may be considered for transfer to study at civilian schools in the same examination groups.

2. Junior military cadets, military personnel, defense civil servants, and defense workers who are ethnic minorities and meet the criteria and conditions shall be selected for admission to college and university studies at civilian schools, in accordance with Article 3 of Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government detailing and guiding the implementation of certain provisions of the Education Law.

3. Military officers graduating from military universities are eligible to pursue master's, doctoral, scientific internship, and specialized research programs at civilian schools according to current enrollment regulations.

4. Students and trainees currently studying at civilian schools, with good academic performance and majors suitable for military requirements, may be selected for further advanced training according to military needs.

The recipients specified in Clauses 1, 2, 3, and 4 of this Article, when trained at civilian schools, are collectively referred to as military students.

Article 3. Level of Training and Method of Training

1. Military students are trained at civilian schools at the associate degree, bachelor's degree, master's degree, doctoral degree, scientific internship, and specialized research levels.

2. Military students are trained regularly both domestically and internationally according to national plans, programs, and projects of the state, Ministries and sectors, and civilian schools.

Article 4. Training Funding

Funding for cadre training for the military includes the state budget within the annual estimate announced by the Ministry of National Defense and other sources as prescribed by law.

Article 5. Regime, Policy, and Responsibilities of Military Students

1. Young people outside the military, junior military cadets, and other non-military personnel selected by the military for training at civilian schools enjoy the regime and policies applicable to military personnel from the date the enlistment decision becomes effective.

2. Military students training at civilian schools enjoy the regimes and policies applicable to students and overseas students as prescribed by the state.

3. Military students training at civilian schools, upon graduation, will be assigned work according to their major and must comply with the deployment and reassignment by the Ministry of National Defense.

Article 6. Management of military students

Military students studying and researching at civilian schools are subject to management by those civilian schools and the Ministry of National Defense; military students who are exchange students are directly managed by Vietnam's representative offices abroad based on the general regulations of the Ministry of Education and Training regarding the management of exchange students.

Chapter II:

RESPONSIBILITIES OF MINISTRIES, SECTORS, AND CIVILIAN SCHOOLS

Article 7. Responsibilities of the Ministry of National Defense

1. Take the lead and coordinate with the Ministry of Education and Training, the Ministry of Planning and Investment, and the Ministry of Finance to determine the military fields and specialties requiring training; develop long-term and annual training plans and targets, and prepare the budget for training military students at civilian schools.

2. Take the lead and coordinate with the Ministry of Education and Training to guide the criteria, conditions, and standards for selecting individuals to be trained at civilian schools.

3. Select individuals who meet the specified criteria and standards set forth by the Ministry of Education and Training and the Ministry of National Defense to be trained at civilian schools.

4. Coordinate with domestic civilian schools and Vietnam's representative offices abroad to manage military students studying and researching at civilian schools.

5. Take the lead and coordinate with the Ministry of Education and Training and civilian schools to select individuals with good academic performance to continue higher-level training according to the requirements of the military.

Article 8. Responsibilities of the Ministry of Education and Training

1. Coordinate with the Ministry of National Defense to implement Clause 1, Clause 2, and Clause 5 of Article 7 of this Decree; direct and guide civilian schools to fulfill their training tasks for military personnel.

2. Prioritize quotas and fields of study for the Ministry of National Defense during the process of developing plans to send people abroad for training.

Article 9. Responsibilities of the Ministry of Planning and Investment

Coordinate with the Ministry of National Defense to implement Clause 1 of Article 7 of this Decree. Annually, based on the training needs and plans of the Ministry of National Defense at civilian schools, the Ministry of Planning and Investment will balance and consolidate the training quotas to submit for approval by the Prime Minister. Notify the training quotas to the Ministry of National Defense, relevant ministries and sectors, and civilian schools responsible for training military students to coordinate implementation.

Article 10. Responsibilities of the Ministry of Finance

Coordinate with the Ministry of National Defense in the work of preparing and implementing the state budget for the training of military students at civilian schools in accordance with the State Budget Law and current guiding documents.

Article 11. Responsibilities of Relevant Ministries and Sectors and Ministries with Higher Education Institutions

Coordinate with the Ministry of National Defense and the Ministry of Education and Training to implement the annual training plans and quotas approved by the Prime Minister; direct and guide subordinate educational institutions to fulfill their training tasks for military personnel.

Article 12. Responsibilities of Civilian Schools

Train military students according to the annual quotas and plans assigned. Coordinate with the Ministry of National Defense to implement Clause 4 and Clause 5 of Article 7 of this Decree. Regularly report to the Ministry of National Defense the academic and disciplinary performance of military students.

Chapter III:

IMPLEMENTING PROVISIONS

Article 13. Rewards

1. Organizations and individuals with achievements in implementing military cadet training shall be considered for rewards in accordance with the provisions of the law on rewards.

2. Military cadets trained at civilian schools who have achieved merits shall be considered for rewards by the school where they study in accordance with the regulations of the Ministry of Education and Training and the Ministry of National Defense; if they achieve merits while studying abroad, upon graduation, they shall be considered for rewards by the Ministry of National Defense as if they had been trained domestically.

Article 14. Handling Violations

1. Agencies, organizations, and individuals who obstruct or create difficulties in the training of military cadets shall be subject to disciplinary action, administrative handling, or criminal responsibility追究，具体处理方式根据违法行为的性质和程度依照法律规定进行。

2. During the training period, if military cadets violate the law or discipline, they shall be dealt with from reprimand, warning, suspension of studies for a certain period, up to expulsion, which shall be decided by civilian schools or management agencies for overseas students and reported to the Ministry of National Defense for consideration and handling according to the Regulations on Military Unit Management of the Vietnam People's Army.

Article 15. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 16. Responsibility for Implementation

1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Directors of academies, Presidents or Directors of universities and colleges have the responsibility to implement this Decree./.