Decision No. 77/2007/QD-BGDĐT on the procedures and formalities for recognizing diplomas issued to Vietnamese citizens by foreign educational institutions

Pursuant to …;

Regulations on the Procedures for Recognizing Diplomas of Vietnamese Citizens Issued by Foreign Educational Institutions

______________________

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

At the proposal of the Director of the Department of International Cooperation,

DECISION:

Article 1. These regulations are hereby promulgated along with this Decision on the procedures for recognizing diplomas of Vietnamese citizens issued by foreign educational institutions.

Article 2This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous provisions contrary to this Decision are abolished.

Article 3. The Heads of the Office, the Director of the Department of International Cooperation, the Heads of units under the Ministry of Education and Training, the Directors of provincial education and training departments, relevant organizations and individuals are responsible for implementing this Decision.

REGULATIONS

ON THE PROCEDURES FOR RECOGNIZING DIPLOMAS OF VIETNAMESE CITIZENS ISSUED BY FOREIGN EDUCATIONAL INSTITUTIONS
(Issued together with Decision No.: 77/2007/QĐ-BGDĐT dated December 20, 2007 of the Minister of Education and Training)

Chapter I:
GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This document stipulates the procedures for recognizing diplomas of Vietnamese citizens issued by foreign educational institutions.

2. This document applies to graduation certificates or certificates of completion of secondary school programs; certificates of completion of vocational college programs; certificates of completion of college programs; certificates of completion of university programs; master's degrees; doctoral degrees (hereinafter referred to collectively as diplomas), issued by foreign educational institutions to Vietnamese citizens.

3. This document does not apply to certificates or certificates of study results issued by foreign educational institutions to Vietnamese citizens upon completion of part of a training program or at the end of a short-term training course or refresher course.

Article 2. Foreign educational institution

The foreign educational institution referred to in this document includes:

1. Foreign educational institutions operating legally in Vietnam.

2. Educational institutions operating legally abroad.

Article 3. Recognition of Diplomas of Vietnamese Citizens Issued by Foreign Educational Institutions

1. Diplomas of Vietnamese citizens issued by foreign educational institutions shall be recognized in the following cases:

a) Diplomas issued by foreign educational institutions operating legally in Vietnam, conducting educational activities in accordance with their permits, and recognized for quality by domestic or international educational quality assurance organizations;

b) Diplomas issued by foreign educational institutions within the scope of application of Agreements on equivalence of diplomas or mutual recognition of diplomas or international treaties related to diplomas that the Socialist Republic of Vietnam has signed or joined;

c) Diplomas issued by foreign secondary schools, vocational colleges, and higher education institutions where the educational programs have been recognized for quality by the quality assurance organization of that country or authorized by the competent authority of that country to establish and issue diplomas.

2. Diplomas issued by foreign educational institutions to students studying through distance learning shall only be recognized when the distance learning programs leading to the issuance of diplomas have been recognized by the quality assurance organization and approved by the Ministry of Education and Training of Vietnam for training or joint training in Vietnam.

3. Diplomas falling under point b, Clause 1 of this Article shall be recognized according to the provisions of Agreements on equivalence of diplomas or mutual recognition of diplomas or international treaties related to diplomas that the Socialist Republic of Vietnam has signed or joined. Holders of such diplomas are exempted from the procedures for recognizing diplomas stipulated in this document.

Article 4. Authority to Recognize Diplomas

1. The Director of the provincial education and training department recognizes graduation certificates of secondary school levels.

2. The Director of the Department of Testing and Quality Assurance of Education under the Ministry of Education and Training recognizes the following diplomas: Graduation certificates of vocational college programs, graduation certificates of college programs, graduation certificates of university programs, master's degrees, and doctoral degrees.

Chapter II:
PROCEDURES, FORMS AND FILES FOR THE RECOGNITION OF DIPLOMAS

Article 5. Procedures for recognizing diplomas

1. For high school graduation certificates:

a) The holder of the diploma, the legal representative of the holder of the diploma, or the person authorized by the holder of the diploma, who wishes to request recognition of the diploma issued by an overseas educational institution must submit two (02) sets of files as prescribed in Article 6 of this document to the Department of Education and Training;

b) After receiving complete and valid files, the Department of Education and Training will issue a receipt to the applicant (Form 2 attached), if the files are sent via postal service, then the date of receipt of the files will be determined based on the postmark. Within a period not exceeding fifteen working days, the agency receiving the files shall be responsible for examining and recognizing the diploma for the applicant (Form 3 attached). In case the diploma is not recognized, the agency receiving the files must respond in writing to the party concerned.

2. For certificates of completion of vocational college, college, university, master's degree, and doctoral degree programs:

a) The holder of the diploma, the legal representative or the person authorized by the holder of the diploma, who wishes to request recognition of the diploma issued by an overseas educational institution must submit two (02) sets of files as prescribed in Article 6 of this document to the Testing and Quality Assurance Agency (Ministry of Education and Training);

b) After receiving complete and valid files, the Testing and Quality Assurance Agency (Ministry of Education and Training) will issue a receipt to the applicant (Form 2 attached), if the files are sent via postal service, then the date of receipt of the files will be determined based on the postmark. Within a period not exceeding thirty working days, the Testing and Quality Assurance Agency (Ministry of Education and Training) will cooperate with relevant units to examine and recognize the diploma for the applicant (Form 4 attached). In case the diploma is not recognized, the agency receiving the files must respond in writing to the party concerned.

Article 6. Files for Requesting Recognition of Diplomas

1. The files for requesting recognition of diplomas issued by overseas educational institutions include:

a) A request form for recognition of diplomas issued by overseas educational institutions (Form 1 attached);

b) One (01) certified copy of the diploma issued by the overseas educational institution accompanied by a Vietnamese translation certified by an authorized authority;

c) One (01) certified copy of the academic transcript from the overseas educational institution accompanied by a Vietnamese translation certified by an authorized authority.

2. The files specified in Clause 1 of this Article must remain intact, without any erasures, alterations, or damage caused by weather conditions or any other reasons.

3. In addition to the documents specified in Clause 1 of this Article, the holder of the diploma may attach related documents (if any) such as: Confirmation from the Vietnamese diplomatic mission in the country where the education was received; confirmation from the overseas educational institution where the studies were conducted; dissertation and confirmation of submission to the National Library of Vietnam (for holders of doctoral degrees); certified copies of passports with entry and exit stamps; documents confirming that the educational program or institution issuing the diploma has been quality assured.

Article 7. Diplomas after being recognized

1. Diplomas issued by overseas educational institutions, once recognized, will serve as proof of the level of education of the holder for continued study at educational institutions within the national education system of Vietnam.

2. The document recognizing the diploma has legal validity for the holder to use the diploma in accordance with Vietnamese law.

Chapter III:
IMPLEMENTATION

Article 8. Units under the Ministry of Education and Training, Credentials Council

1. The International Cooperation Department (Ministry of Education and Training) shall regularly update and announce on the Ministry of Education and Training's electronic information website information about Agreements on equivalence of credentials or mutual recognition of credentials or international treaties related to credentials of which the Socialist Republic of Vietnam is a member.

2. The Testing and Quality Assurance Agency for Education (Ministry of Education and Training):

a) Shall organize the recognition of educational credentials of Vietnamese citizens issued by foreign educational institutions according to the provisions of this document;

b) Shall regularly update and announce on the Ministry of Education and Training's electronic information website a list of foreign educational institutions that have been recognized by foreign education accreditation agencies regarding quality.

3. The Vocational Education Department, University and Postgraduate Studies Department, Cadre and Civil Servant Organization Department, and International Cooperation Department under the Ministry of Education and Training, within their assigned state management functions and tasks, shall be responsible for coordinating with the Testing and Quality Assurance Agency for Education during the process of considering the recognition of educational credentials of Vietnamese citizens issued by foreign educational institutions.

4. The Credentials Council of the Ministry of Education and Training shall advise the Minister of Education and Training in establishing and implementing regulations on the recognition of credentials of Vietnamese citizens issued by foreign educational institutions, and perform state management tasks related to the recognition of such credentials.

Article 9. Departments of Education and Training

Departments of Education and Training shall be responsible for organizing the recognition of credentials issued by foreign educational institutions according to the prescribed regulations.

They shall report annually on the implementation of credential recognition to the Testing and Quality Assurance Agency for Education (Ministry of Education and Training) before December 25.

Chapter IV:
PETITIONS, COMPLAINTS AND VIOLATION HANDLING

Article 10. Petitions, Complaints and Resolution of Petitions and Complaints

Petitions, resolution of petitions; complaints, resolution of complaints concerning violations of laws in the recognition of credentials shall be resolved in accordance with the laws on petitions and complaints.

Article 11. Handling of violations

Individuals who violate the provisions of this document may be subject to disciplinary action, administrative penalties, or criminal prosecution, if damage is caused, they must compensate according to the law.