|
THE PRIME
MINISTER
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
|
No.:
05/2013/QD-TTg
|
Ha Noi,
January 15, 2013
|
DECISION
REGULATION ON OVERSEAS STUDY OF VIETNAMESE CITIZENS
Pursuant to the Law on Organization of the
Government dated 25 December, 2001;
Pursuant to the Law on Education dated June
14, 2005; Law amending and supplementing a number of articles of the Law on
Education dated November 25, 2009;
Pursuant to Decree No. 75/2006/ND-CP dated
August 2, 2006 of the Government detailing and guiding a number of articles of
the Law on Education; Decree No. 31/2011/ND-CP dated May 11, 2011 of the
Government amending and supplementing a number of articles of Decree No.
75/2006/ND-CP dated August 2, 2006 of the Government detailing and guiding a
number of articles of the Law on Education;
At the proposal of the Minister of Education
and Training;
The Prime Minister has issues Decision
stipulating the overseas study of Vietnamese citizens
Chapter 1.
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Article 1. Scope of
adjustment
This Decision provides for the management of
overseas study of Vietnamese citizens, management of overseas study
consultation services, commendation and reward and handling of violations of
overseas students, organization of sending or supply of overseas study
consultation services for Vietnamese citizens studying abroad.
Article 2. Subjects of
application
This decision applies to individuals and
organizations as follows:
1. Vietnamese citizens studying abroad during 06
consecutive months or more;
2. Organization of sending or supply of overseas
study consultation services for Vietnamese citizens studying abroad.
3. Vietnamese agencies and organizations in the
country or abroad are responsible for management of Vietnamese citizens
studying abroad.
Article 3. Explanation of
terms
In this Decision, the terms bellows are
construed as follows:
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2. Scholarship overseas student is person who
studies abroad and receives all or part of the costs of training, travel expenses,
living expenses and other costs related to learning from one or more sources of
funding sources as follows:
a) State budget through the ministries, sectors
and People's Committees of centrally-affiliated provinces and cities, State
agencies and enterprises;
b) Scholarships in the framework of agreement
and cooperation agreement between Vietnam and foreign countries or
international organizations;
c) Scholarships funded by foreign governments,
territories, international organizations, non-governmental organizations or
individuals through the Government of Vietnam.
3. Self-supported overseas student is the person
studies abroad by the funding sources which are not the ones specified in
Clause 2 of this Article;
4. Overseas study consultation services are activities:
Introduction, consultation of information on school and courses in foreign
countries; organization of advertising, conferences, seminars, fairs and
exhibitions on overseas study; organization of student enrollment; training of
knowledge of foreign languages, culture, and other skills necessary for
Vietnamese citizens to study abroad; organization of overseas study for
students or organization of visits to the training places for the students’
parents or guardian before they make decision on overseas study; organization
of trips for students to foreign educational institutions when they are
received; monitoring and support for students during the time of their studies
abroad and other activities related to the sending of Vietnamese citizens abroad
to study.
Chapter 2.
MANAGING VIETNAMESE
CITIZEN STUDYING ABROAD
Article 4. Enrolment and
sending Vietnamese citizens to study abroad
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a) Scholarships from the State budget under the
schemes and projects approved by the Government and the Prime Minister;
b) Scholarship under Agreement and cooperation agreement
between Vietnam and foreign countries or international organizations;
c) Scholarships funded by foreign governments,
territories, international organizations, non-governmental organizations or
individuals through the Government of Vietnam.
2. The ministries, ministerial-level agencies,
the Government-affiliated agencies and People's Committees of
centrally-affiliated provinces and cities shall make enrolment and send
Vietnamese citizens abroad to study by the state budget after reaching agreement
with the Ministry of Education and Training on the number, level and specialty
for study.
3. Agencies and organizations sending Vietnamese
citizens abroad to study, organization providing the overseas study
consultation services and sending Vietnamese citizens who are self-supported
overseas students to study abroad, sending or providing overseas study
consultation services and sending Vietnamese citizens abroad to study under a
written agreement with the student and performing the reporting regime as prescribed
in Article 5 of this Decision.
Article 5. Reporting regime
1. Before 15th date of January
annually, organizations specified in Clauses 2 and 3, Article 4 of this
Decision shall send reports on enrolling and sending Vietnamese citizens abroad
to study to the Ministry of Education and Training; organizations of overseas
study services shall send activity reports to the Service of Education and
Training where their head offices are located at the same time to the Ministry
of Education and Training for monitoring, management and summary of information
to make a report to the Prime Minister.
2. Before 15th date of February
annually, the Ministry of Education and Training shall submit a report to the
Prime Minister on the overseas study of Vietnamese citizens.
Article 6. System of
electronic database and information registration of overseas students
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2. Agencies, organizations and individuals
specified in Article 2 of this Decision shall provide information into the
system of electronic database of overseas students.
3. Vietnamese citizens going to study abroad
shall register information of overseas students into register students into the
system of electronic database of overseas students right after arriving in
foreign countries for study and update their information into the System upon
changes.
4. The Ministry of Education and Training shall
consider the recognition of equivalence of diplomas issued by foreign
educational institutions on the basis of information provided by Vietnamese
citizens studying abroad and registering into the system of electronic database
of overseas student management.
5. Organizations responsible for management of
Vietnamese students in the country and abroad, organizations providing the
overseas study consultation services and sending overseas Vietnamese abroad for
study are responsible for urging overseas students managed and sent abroad for
study by themselves, and implementing the registration of overseas students’
information into the system of electronic database of overseas student
management.
Article 7. Responsibilities
of Vietnamese representative agencies in foreign countries.
The Vietnamese representative agency in foreign
countries shall:
1. Support registration and protection of
citizen for overseas students and promptly resolve issues about the rights and
responsibilities of overseas students as prescribed;
2. Assist and encourage overseas students in
learning, ethical training, political quality, preserve and contribute to the
development of friendly relations between Vietnam and other countries;
disseminate, guide and inspect the overseas students in the implementation of
the policies of the Party, the State and the provisions of this Decision;
political and ideological education, ensure organization activities of overseas
students under the guidance of the Vietnamese political, political and social
organizations.
3. Develop and expand the educational
cooperation relation with educational institutions and governments of host
countries; find and exploit other sources of scholarships for Vietnam; study
the policies and education system of the host country to advise the Government
and other agencies concerned in the development of Vietnamese education as well
as send overseas students to study the specialty, area and level consistent
with the training capacity of the host country and meet the needs of human
resource development of Vietnam;
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5. Open forum for the student affairs on the
website of the Vietnamese representative agencies in foreign countries;
6. Prior to January 15, submit a report on the
student affairs to the Ministry of Education and Training for summary and
submission to the Prime Minister.
Article 8. Overseas student
assistance fund
1. Overseas student assistance fund is
established and operated in accordance with regulation of law on the
organization and operation of social funds, charitable funds to support
overseas students in their study and scientific research; encourage students to
participate in joint activities organized by the Ministry of Education and
Training and the Vietnamese representative agencies abroad; support overseas
students the opportunity to study at the high quality training facilities;
support awards and settlement of risks for overseas students.
2. Overseas student assistance fund is formed
from the following sources:
a) Contribution from foreign and domestic
organizations and individuals;
b) Income source from operations in accordance
with the law;
c) Support from the state budget to carry out
the tasks assigned by the competent State authorities;
d) Other lawful income sources.
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Chapter 3.
MANAGEMENT OF OVERSEAS
STUDY SERVICES
Article 9. Organization of
overseas study consultation services
Organization of overseas study consultation
services includes:
1. Enterprises established and operating under
the provisions of the Enterprise Law with functions of overseas study
consultation services;
2. Non-business organizations have functions to
provide overseas study consultation services approved by the competent
authority.
Article 10. Authority and
conditions for granting Certificate of overseas study consultation services
1. The Service of Education and Training shall
grant Certificate of overseas study consultation services operation
registration to organizations registering activities of overseas study
consultation services.
2. Organization of overseas study consultation
services is granted the Certificate of overseas study consultation services
operation registration upon meeting the following conditions:
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b) Having head office, facilities and equipment
to meet the overseas study consultation services;
c) Having sufficient financial capacity to
ensure the settlement of the cases of risk; having minimum deposit of VND
500,000,000 (five hundred million dong) in a commercial bank;
d) The head of the organization of overseas
study consultation services and the staff directly giving advice on overseas
study must have a university degree or higher, fluent in at least one foreign
language and the certificate of oversea study consultation profession training
granted by the Ministry of education and Training.
3. The organization of overseas study
consultation services only provides overseas study consultation services from
the time of being granted the Certificate of overseas study consultation
services
4. The Service of Education and Training shall
send the Ministry of Education and Training the List of organizations of
overseas study consultation services certified for operating registration so
that the Ministry of Education and Training can publish on the website of the
Ministry of Education and Training.
Article 11. Dossier to
request the granting of Certificate of overseas study consultation services
operation registration
Dossier to request the granting of Certificate
of overseas study consultation services operation registration includes:
1. Written request for a certificate in Form No.
01 in Appendix issued together with this Decision;
2. The operation scheme of the organization of
overseas study consultation services with certification of the legal
representative with the main contents include: objectives, operation content;
facilities; financial capacity; background, and the capacity of the head and
the consultation staff; ability to exploit and develop the overseas study
services abroad; feasibility study on the performance of the organization;
implementation plan, implementation measures; plans, processes of overseas
study consultation services; plans of settlement upon problem of risk.
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4. Resume of the head of the organization of
overseas study consultation services operation with certification of the
competent authority in Form 02 in the Appendix issued together with this
Decision;
5. List of resume of the staff directly giving
advice on overseas study including the following essential information: Full
name, date of birth, gender, qualifications, foreign language, job position
performed at the organization of overseas study consultation services;
6. A copy of the certificate of attendance of overseas
study consultation profession training course of the head, the person
performing the overseas study consultation at the organization of overseas
study services.
Article 12. Order and
procedures for registration and granting of Certificate of overseas study
consultation services operation registration
1. Organization of overseas study consultation
services shall submit a dossier to request the granting of Certificate of
overseas study consultation services operation registration as specified in
Article 11 of this Decision at the Service of Education and Training where the
head office is located.
2. Within 25 working days after receiving
complete and valid dossiers, the Service of Education and Training shall grant
Certificate of overseas study consultation services operation registration in
Form No. 03 in Appendix issued together with this Decision. In the absence of
granting, there must be written reply clearly stating the reason.
Article 13.
Responsibilities of organization of overseas study consultation services
1. Deploying activities within 60 days from the
date of issuance of the Certificate of overseas study consultation services
operation registration.
2. Taking responsibility before law and publicly
providing information related to the training facility, status of inspection
and recognition of the quality of training of the authorities of the host
countries for people wishing to study abroad.
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4. Signing contract with the persons wishing to
study abroad or their parents or legitimate guardian in the principle of
agreement and voluntariness in which specifying interests, responsibilities and
commitments of both parties.
5. Performing the reporting regime under
instruction of the Ministry of Education and Training.
Article 14. Suspension of
overseas study consultation services
1. The organization of overseas study
consultation services shall be suspended from operation in the following cases:
a) Committing fraud in order to granted
Certificate of overseas study consultation services operation registration.
b) Failing to ensure one of the conditions
specified in Clause 2, Article 10 of this Decision;
c) Stopping operation for 06 consecutive months
after being allowed for operation without notifying the agency which has
granted the operation registration Certificate;
d) Violating regulations of law on education and
being sanctioned administratively at a level of being suspended;
e) Leasing or lending the Certificate of
overseas study consultation services operation registration;
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2. Decision to suspend the operation for the
operation of the organization of overseas study consultation services must be
clearly identified by reasons for suspension, suspension period and measures to
protect the interests of learners. The suspension decision must be made
public at least on 01 local newspaper where the organization of overseas study
consultation services is located in 03 consecutive issues and on the website of
the Ministry of Education and Training.
3. Organization of overseas study consultation
services shall be allowed to operate again if meeting the conditions for
overseas study operation. The decision to allow the organization of overseas
study consultation services operate shall be published on at least 01 local
newspaper where the organization of overseas study consultation services is
located in 03 consecutive issues and on the website of the Ministry of
Education and Training.
Article 15. Revocation of
Certificate of overseas study consultation services operation registration
1. Certificate of overseas study consultation
services operation registration shall be revoked in the following cases:
a) Organization of overseas study consultation
services is dissolved in accordance with law;
b) During the period of suspension from
operation, the organization of overseas study consultation services still
continues to operate the overseas study consultation services;
c) Within 05 years from the date of issuance of
the Certificate of overseas study consultation services operation, the
organization overseas study services is suspensded from operation for the third
time;
d) The time of suspend from the operation is
over but the organization of overseas study consultation services does not meet
the conditions for operation again.
e) Other cases prescribed by law.
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Article 16. Authority to
suspend operation and revoke Certificate of overseas study consultation
services operation
1. The Service of Education and Training has the
authority to suspend operation and revoke Certificate of overseas study
consultation services operation granted.
2. When finding that the organization of
overseas study consultation services commits acts of violations, the Ministry
of Education and Training shall require the Service of Education and Training
to suspend operations of the organization of overseas study consultation
services or revoke Certificate of overseas study consultation services
operation granted.
Article 17. Training of
overseas study profession.
1. The head and persons directly advicing the
overseas study must be trained with the overseas study professions.
2. Ministry of Education and Training shall
specify the program, content and form of training, testing, examination and
granting of certificate of overseas study profession training.
Chapter 4.
COMMENDATION AND REWARD
AND HANDLING OF VIOLATION
Article 18. Commendation
and reward for overseas students
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2. Scholarship overseas student completing
academic program with excellent results before the prescribed time stated in
the decision of the competent authority sending for study or during the
studying abroad with outstanding achievements in learning and exempted and
reduced tuition and granted with scholarship shall be considered commendation
and reward by the Ministry of Education and Training. The fund for commendation
and reward is deducted from the state budget.
3. Students with outstanding achievements in
learning, scientific research and friendship activities, implementing the
regulations of Vietnam and the host country with certification by the
Vietnamese representative agencies abroad shall be considered a Certificate of
merit as prescribed by law on emulation and commendation and reward.
4. The Ministry of Finance shall assume the prime
responsibility and coordinate with the Ministry of Education and Training to
guide the regime of commendation and reward for overseas students.
Article 19. Handling
violations for overseas students
1. Scholarship overseas students specified at
Points a, b, Clause 2, Article 3 of this Decision if repeated, not completing
the training program of the term and school year as required by the foreign
institution or stopped providing scholarship by foreign party, then during the
the time of repetition, study and examination again, these student shall not be
eligible for scholarships from the state budget. The further offer of state
scholarship is decided by competent person sending people abroad to study
specified in Clauses 1 and 2, Article 4 of this Decision after the overseas
students have satisfactory results of subjects to be studied and taken exam
again or are offered futher scholarship.
2. Scholarship overseas students have to refund
the scholarship and training costs in the following cases:
a) Failing to participate in the course after
having enrolled and granted funding for training;
b) Intentionally dropping out of school or
leaving school during the time to be sent for training;
c) Not being granted diploma, certificate of
completion of the course, except in cases of force majeure;
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e) Quitting job or intentionally resigning
without serving full time in accordance with current regulations.
3. The Ministry of Finance shall assume the
prime responsibility and coordinate with the Ministry of Education and Training
to guide the reimbursement of scholarships and training costs for the cases
provided for in Clause 2 of this Article.
Article 20. Commendation
and reward and handling of violations for organization sending Vietnamese
citizens abroad to study, organization providing overseas study services and
organization managing overseas students.
1. The organization sending Vietnamese citizens
abroad to study, organization providing overseas study services and organization
managing overseas students having achievements in the assistance, management of
overseas students shall be considered commendation and reward as prescribed by
law on emulation and commendation and reward;
2. The organization sending Vietnamese citizens
abroad to study, organization providing overseas study services and
organization managing overseas students violating the provisions in this
Decision and other regulations of law, depending on the level of violation
shall be handled as prescribed by law.
Chapter 5.
IMPLEMENTATION
ORGANIZATION
Article 21.
Responsibilities of Ministries and sectors.
1. Ministry of Education and Training is
responsible for:
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b) Comprehensively inspecting and testing the
operation of overseas study consultation services;
c) Assuming the prime responsibility and
coordinating with the Ministry of Foreign Affairs and other ministries and
sectors concerned to organization the overseas students management.
2. The Ministry of Foreign Affairs shall
instruct Vietnamese representative agencies abroad to perform overseas student
affairs as provided for in Article 7 of this Decision.
3. The Ministry of Finance is responsible for
ensuring the balance of funds to implement the Schemes sending Vietnamese
citizens abroad to study from the state budget or under the Agreement, the
cooperation agreement between Vietnam and foreign countries or international
organizations; coordinating with the Ministry of Education and Training to
build the policies, regulations on supporting Vietnamese overseas students sent
abroad to study from the state budget.
Article 22.
Responsibilities of People's Committees of centrally-affiliated provinces and
cities directly under the Central Government
1. Organizing the management and sending of
Vietnamese citizens abroad to study under the authority.
2. Annually, announcing the need of recruitment of
overseas students who have graduated to the Ministry of Education and Training
to coordinate in introducing jobs to overseas students when they come back
home.
Article 23. Effect
This Decision takes effect from March 10, 2013.
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PRIME
MINISTER
Nguyen Tan Dung
ANNEX
(Issued
together with Decision No. 05/2013/QD-TTg dated January 15, 2013 of the Prime
Minister)
Form No. 01:
Application for granting Certificate of
overseas study consultation services operation registration
Form No. 02:
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Form No. 03:
Certificate of overseas study consultation services
operation registration
Form
No. 01
Name of
governing Ministry and locality)
(Name of organization)
--------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------
…………, date ……
month ….. year ……..
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To: Service of Education and Training
(provincial / municipal).
1. Name of
organization:................................................................................
Transaction
name:..........................................................................................
2. Address of head
office:..................................................................................
Tel:…………………………………….;Fax:....................................................
3. Bank account:
- Account in
VND:...............................................
- Foreign currency
account:.............................................
4. Certificate of business registration /
License of investment / Decision on organization establishment: No. ..... .....
Month ...... Year ....... issued by ............................ (Name of
decision-making agency)
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..................................................................................................................................
6. Full name of the head of the
organization:.........................................................
Kindly request the granting of Certificate of
overseas study consultation services operation registration
7. Attached dossier including:
..................................................................................................................................
..................................................................................................................................
(Name of organization) …………………………………... is
commited to fully implement responsibilities as prescribed by law.
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(Signature,
full name and seal)
Form
No. 02
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------------------------
RESUME
(Used for the head
of organization of overseas study services)
I. INDIVIDUAL INFORMATION:
1. Full
name:........................................................................................................
2. Date of
birth:...................................................................
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4. Current
residence:........................................................................................
5. ID No.:………………………… Issued
on:……………….at:........
6. Tel:………………………………..;
Fax.................................
II. TRAINING COURSE: (From date, month,
year to date, month, year of training at training institutions, diplomas and
certificates granted ...)
Time
Name of
training institution
Specialty
Diplomas and
certificates granted
...
...
...
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III. WORKING PROCESS: (From date, month,
year to date, month, year working at……..position,...)
Time
Working
place
Position
Address and
Tel
...
...
...
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IV. TIME AND EXPERIENCE IN OVERSEAS STUDY
CONSULTATION OPERATION:
V. COMMENDATION AND REWARD:
VI. DISCIPLINE:
I hereby declare that the above statements are
true.If not, I shall bear full responsibility before the law.
CERTIFICATION
OF AGENCY / LOCALITY OF DIRECT MANAGEMENT
(Full name,
position and agency seal)
...
...
...
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DECLARER
(Full name
and signature)
Form
No. 03
People's
Committees of provinces / cities
SERVICE OF EDUCATION AND TRAINING
--------
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
--------------
No.:
/
........,
date ... month ... year ...
...
...
...
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DIRECTOR OF SERVICE OF EDUCATION AND TRAINING (city
/ province)
Pursuant to the Decision ....... / 2012/QD-TTg
dated ...... month ...... year 2012 of the Prime Minister on the overseas study
of Vietnamese citizens;
Pursuant to Circular No. ........ / TT-BGDĐT
dated ..... month ..... year ...... of the Minister of Education and Training;
Considering the proposal of
........................................................................................................
;
DECIDES:
Article 1. This is to certify
that...................................................................
Transaction
name:...........................................................................
of:........................................................................................
Address of head
office:.....................................................................................
...
...
...
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A/C No.:…………………………………. At: …………………………
organization of overseas study consultation at…… ……….
(Address, tel, fax, e-mail,...)
Article 2.................................................................................................
Responsible for full implementation of the
State's current regulations regarding overseas study consultation services.
Article 3. This Certificate takes effect
from the date of signing and is valid for 5 years from the date of signing.
Article 4. Services of Education and
Training, the heads of the agencies concerned and (agency asking for the
certificate) ................................. are responsible for the implementation
of this Decision.
DIRECTOR
(Full name, signature and stamp))
...
...
...
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