Joint Circular No. 75/2000/TTLT/BTC-GD&DT guides the reimbursement of training costs for individuals sent to study abroad but who do not return to the country within the specified time frame.

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF FINANCE AND THE MINISTRY OF EDUCATION AND TRAINING NO. 75/2000/TTLT-BTC-GD&ĐT DATED JULY 20, 2000 GUIDING THE REIMBURSEMENT OF TRAINING COSTS FOR PERSONS SENT TO STUDY ABROAD BUT DID NOT RETURN HOME IN A TIMELY MANNER
||| Persons sent to study abroad but did not return home within the prescribed timeframe.

Implementing Decision No. 957/1997/QĐ-TTg dated November 11, 1997 of the Prime Minister on Improving Certain Exit Procedures and Resolving Issues Regarding Vietnamese Citizens Who Have Left the Country But Did Not Return Within the Prescribed Timeframe.

Pursuant to the Civil Servant Ordinance.

Pursuant to Decree No. 96/1998/NĐ-CP dated November 17, 1998 of the Government and Circular No. 28/1999/TT-BTCCBCP of the Government’s Organizational Cadre Board on the Leave of Absence System for Civil Servants.

After receiving opinions from the Ministry of Science and Technology (Document No. 1293/BKHCNMT-TCCBKH dated May 27, 1998); the Ministry of Planning and Investment (Document No. 3661/BKH/KHGDMT dated May 30, 1998); the Ministry of Foreign Affairs (Documents No. 217/CB dated May 26, 1998 and No. 1727CV/NG-CB dated December 25, 1998); the Ministry of Justice (Document No. 1182/TP-PLDSKT dated June 24, 1999); the Central Party Education Committee (Document No. 1141-CV/KGTW dated March 14, 2000), the Ministry of Finance and the Ministry of Education and Training issue guidelines on reimbursement of training costs as follows:

I. APPLICABLE OBJECTS:

1. Objectives:

From 1999 onwards, individuals who were sent abroad for training at state expense or funded by foreign countries under agreements with Vietnam, and who fail to return to the country or return late without justifiable reasons after completing their courses must reimburse part or all of the related training costs:

+ Civil servants as defined in the Civil Servant Ordinance.

+ University and postgraduate students (research fellows, master's degree candidates) sent to study from the academic year 1999-2000 onwards pursuant to Article 76 of the Education Law.

+ Other individuals sent for training through various forms such as vocational training, internship, and advanced skill enhancement.

2. Situations requiring reimbursement of training costs:

a. Exceeding the study period without returning to work in the country or returning more than three months late without justifiable reasons and without approval from competent domestic authorities.

b. Returning to the country before the scheduled time due to disciplinary suspension from studies; failing to complete study tasks without justifiable reasons, or voluntarily leaving school to return to the country.

c. Returning to the country on schedule but immediately quitting work without returning to work at the previous agency or organization, or refusing to comply with job assignments from competent agencies and organizations without justifiable reasons.

d. Applying for permanent residence abroad while studying, researching, or interning abroad.

e. Returning to the country on schedule, resuming work at the previous agency or organization but voluntarily quitting work or applying for permanent residence abroad when the service period has not reached three times the duration of overseas study or training.

Cases (a), (b), (c), and (d) must fully reimburse training costs; case (e) must partially reimburse training costs.

3. Situations eligible for consideration of exemption or reduction in reimbursement of training costs:

a. Eligible for exemption:

- Returning to the country on schedule but unable to secure employment due to objective reasons such as the agency or organization being unable to arrange jobs or due to organizational mergers or dissolutions, necessitating a change in employment.

- Individuals sent to study and permitted by the managing agency to remain as research associates at foreign institutions, or those who have been ill and certified by local healthcare facilities, returning more than three months late but with justifiable reasons confirmed by the Vietnamese Embassy in the host country and approved by the compensation review board of the competent authority.

b. Eligible for reduction: Individuals from disadvantaged families (certified by local authorities) or those with special policy status may apply for reduced reimbursement levels, subject to approval by the compensation review board of the competent authority.

4. Basis for calculating reimbursement of training costs:

- Based on training agreements signed between the Vietnamese Government and each country, including all training costs and scholarships during the study period abroad from enrollment at educational institutions until graduation certification or degree issuance, and costs paid by the Vietnamese Government to the foreign side (if applicable).

- Based on the duration of overseas training.

- Based on current domestic training cost standards.

5. Content and level of reimbursement of training costs:

5.1. Content: Training costs include the following items:

- Costs paid by the Vietnamese State (or Vietnamese agencies and organizations) to the foreign side or costs covered by the foreign side under signed agreements.

- Domestic training and skill enhancement costs during the study period at schools and training centers according to annual training cost standards issued by the Ministry of Finance.

- Airfare provided by the Vietnamese State or the foreign side.

- Total scholarship amounts provided by the Vietnamese State or the foreign side.

- Special industry allowances (if granted).

- Exit and entry fees for study purposes and other related expenses (if applicable).

5.2. Level of reimbursement: 100% of the total training costs mentioned above. In cases where reduction is considered, the maximum reduction is 50% of the amount to be reimbursed.

The calculation of partial or full reimbursement of training costs for state civil servants shall be carried out in accordance with the provisions on reimbursement of training and skill enhancement costs stipulated in Decree No. 96/1998/NĐ-CP dated November 17, 1998 of the Government on the Leave of Absence System for Civil Servants and Circular No. 28/1999/TT-BTCCBCP dated July 31, 1999 of the Government’s Organizational Cadre Board guiding Decree No. 96/1998/NĐ-CP (Part IV - Reimbursement of Training and Skill Enhancement Costs).

II. MEASURES FOR COLLECTING TRAINING COSTS:

1. Officials, civil servants, graduate students, university exchange students... who are sent abroad for training, upgrading, and enhancing their qualifications at the expense guaranteed by the State or funded by foreign countries according to agreements and arrangements between our country and foreign countries (excluding cases where foreign organizations send individuals for training to work for them in Vietnam) must deposit a security deposit equivalent to 1000 USD at the dispatching agency before proceeding with departure procedures. Within 15 days from the date of receiving the security deposit, the management agencies of the above subjects shall be responsible for depositing the security deposit into a commercial bank. Upon returning to the country, the agency will refund both principal and interest to the subject. In case the subject does not return to the country or returns late, the security deposit will be transferred to the State Treasury under Chapter 160, Category 10, Clause 10, Item 62 of the State Budget. If the individual going abroad does not have a security deposit as required, they must have a guarantor from their family or relatives.

2. Agencies and organizations that have subjects required to reimburse training costs shall be responsible for issuing reimbursement decisions, calculating the amount of reimbursement, and urging the reimbursement process in accordance with regulations.

3. For subjects who return to the country late but continue working in state agencies, they may only be accepted back to work after completing the reimbursement process.

If the security deposit exceeds the amount to be reimbursed, the depositor shall be refunded the excess amount by the dispatching agency. If the security deposit is less than the amount to be reimbursed, the individual going abroad must pay the shortfall to the dispatching agency to be deposited into the State Treasury.

4. For subjects who do not return to the country or apply for permanent residence abroad, after receiving a decision to reimburse from the dispatching agency and failing to voluntarily repay, the managing agency shall cooperate with the Ministry of Foreign Affairs and the Ministry of Public Security within their respective functions to implement measures such as temporarily withholding passports to ensure full, strict, and fair reimbursement.

The Ministry of Foreign Affairs and the Ministry of Public Security shall only consider and resolve other rights for individuals abroad after fulfilling their obligations to the State in accordance with Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on the entry and exit of Vietnamese citizens and Decision No. 957/1997/QĐ-TTg dated November 11, 1997 of the Prime Minister on improving some procedures for exit and resolving issues of Vietnamese citizens who have exited but failed to return on time.

Subjects required to reimburse training costs shall base their actions on the reimbursement notice issued by responsible agencies and directly pay the amount to be reimbursed into the State Treasury. Based on the receipt from the State Treasury, the public security agency will handle the exit procedures or registration of household registration; in case of intentional non-payment, legal action will be taken.

III. IMPLEMENTATION

The agency dispatching the subject for study under the requirement to reimburse training costs shall be responsible for reporting the revenue and the number of violators required to pay reimbursement to the Ministry of Education and Training and the Ministry of Finance, along with annual settlement reports according to current financial management regulations.

This Circular takes effect 15 days after its signing and applies to all subjects who have been dispatched for overseas training and have not returned beyond the deadline up to the date this Circular becomes effective. The period exceeding the deadline is calculated from the date this Circular takes effect.

During implementation, if there are difficulties or obstacles, please report them to the relevant ministries for research and resolution.