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

JOINT CIRCULAR

Guidelines for compensating training costs for subjects sent to study abroad but who do not return to the country within the specified time frame 

Implementing Decision No. 957/1997/QĐ-TTg dated November 11, 1997 of the Prime Minister on "Improving some exit procedures and addressing issues related to Vietnamese citizens who have left the country but did not return within the specified period;"

Pursuant to the Civil Servants and Public Officials 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 resignation 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 Committee of Education (document No. 1141-CV/KGTW dated March 14, 2000); the Ministry of Finance and the Ministry of Education and Training hereby issue guidelines for compensating training costs as follows:

I. APPLICABLE OBJECTS:

1. Recipients:

From 1999 onwards, the following subjects sent abroad for training at state expense or funded by foreign countries according to agreements and arrangements with Vietnam, upon completion of their courses, if they do not return to the country or return late without reasonable cause and without approval from competent domestic authorities must compensate partially or fully for the costs associated with their training:

+ Civil servants as stipulated in the Civil Servants and Public Officials 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 subjects sent for training through various forms such as vocational training, internship, and advanced skill enhancement.

2. Situations requiring compensation for training costs:

a) Exceeding the study period without returning to work in the country or returning late by three months or more without a valid reason 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 a valid reason, or voluntarily leaving school to return to the country.

c) Returning on time but immediately quitting work without returning to work at the previous agency or organization, or not complying with the assignment of the agency or organization without a valid reason.

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

e) Returning on time, 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 study or training abroad.

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

3. Situations eligible for exemption or reduction in compensation for training costs:

a) Subjects eligible for exemption:

- Returning on time but unable to resume work due to objective reasons such as the agency or organization being unable to arrange employment or due to organizational mergers or dissolutions, thus having to transfer jobs against their will.

- Those sent to study by the agency and permitted by the main management agency to continue working as a collaborator at a research institution abroad, or those who are sick and have been confirmed by a healthcare facility in the host country, returning late by three months or more but with a valid reason confirmed by the Vietnamese Embassy in the host country and must be reviewed by the Compensation Review Board of the competent agency or organization.

b) Subjects eligible for reduction: In cases where the student belongs to a policy group or comes from a particularly difficult family situation (confirmed by local authorities), may submit a request for a reduced compensation amount, reviewed by the Compensation Review Board of the competent agency or organization.

4. Basis for calculating compensation for training costs:

- Based on training agreements signed between the Government of Vietnam and each country, including all training costs and scholarships during the study period abroad from the start of enrollment at training institutions until the end of the course when certificates or diplomas are awarded, and the training costs paid by the Government of Vietnam to the foreign side (if applicable).

- Based on the duration of training abroad.

- Based on current domestic training cost standards.

5. Content and level of compensation for training costs:

5.1. Content: Training costs include the following items:

- Training costs that the Government of Vietnam (or Vietnamese agencies and organizations) must pay to the foreign side or training costs covered by the foreign side under signed agreements.

- Domestic training and skill enhancement costs during the study period at schools and training institutions based on the annual training cost standards issued by the Ministry of Finance.

- Airfare expenses for departure and return covered by the Government of Vietnam or the foreign side.

- Total scholarship amounts covered by the Government of Vietnam or the foreign side.

- Special industry allowances (if granted).

Exit and entry fees for studying and other expenses (if any).

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

The calculation of partial or full compensation for training costs for state civil servants shall be carried out in accordance with the provisions on compensating training and skill enhancement costs in Decree No. 96/1998/NĐ-CP dated November 17, 1998 of the Government on the resignation 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 - Compensating Training and Skill Enhancement Costs).

II. MEASURES FOR RECOVERING TRAINING COSTS:

1. Officials, civil servants, graduate students, university exchange students... sent abroad for training, upgrading, and enhancing their qualifications by the State, which covers the costs or where the foreign country bears the costs according to agreements and arrangements between our country and foreign countries (excluding cases where foreign organizations send them for training to work for those organizations 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 responsible for these 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 person going to study 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 falling within the scope of having to reimburse training expenses shall be responsible for issuing decisions on reimbursement, 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 can only resume work after completing the reimbursement process.

If the security deposit exceeds the amount to be reimbursed, the depositor will receive the excess amount from the dispatching agency. If the security deposit is less than the amount to be reimbursed, the student 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 from the dispatching agency or unit requiring reimbursement and failing to voluntarily reimburse, the managing agency shall be responsible for coordinating with the Ministry of Foreign Affairs and the Ministry of Public Security to take measures such as temporarily detaining passports to ensure full, strict, and fair reimbursement.

The Ministry of Foreign Affairs and the Ministry of Public Security will only consider resolving 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 exit procedures and resolving issues of Vietnamese citizens who have exited but failed to return on time.

5. Subjects required to reimburse training expenses shall base their actions on the reimbursement notice issued by responsible agencies and directly submit the amount to be reimbursed to the State Treasury. Based on the receipt from the State Treasury, the police agency will handle departure procedures or register household registration; if there is intentional non-payment, legal action will be taken.

III. IMPLEMENTATION

The dispatching agency responsible for subjects required to reimburse training expenses shall report the revenue and the number of violators required to pay reimbursement to the Ministry of Education and Training and the Ministry of Finance, and include this in the annual settlement report according to current financial management regulations.

This Circular takes effect 15 days after its signing and applies to subjects who have been dispatched for overseas training and have exceeded the deadline for returning to the country up to the present. The calculation of the overdue period starts from the effective date of this Circular.

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