|
THE
MINISTRY OF EDUCATION AND TRAINING
-----
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------
|
|
No:
23/2001/QD-BGDDT
|
Hanoi,
June 28, 2001
|
DECISION
ISSUING THE REGULATION ON MANAGEMENT OF VIETNAMESE CITIZENS
BEING TRAINED ABROAD
THE MINISTER OF EDUCATION AND TRAINING
Pursuant to the Government’s Decree No. 15/CP
of March 2, 1993 on the tasks, powers and State management responsibilities of the
ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No. 29/CP of March 30, 1994 on the tasks,
powers and organizational structure of the Ministry of Education and Training;
Pursuant to Directive No. 270/CT of July 23, 1992 of the Chairman of the
Council of Ministers (now the Prime Minister) on the sending of Vietnamese
citizens for overseas training in the new situation;
Under the agreement with the Ministry for Foreign Affairs in its Official
Dispatch No. 046-CV/NG-TCCB of January 5, 2001;
At the proposal of the director of the Political Affairs Department,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on management of Vietnamese citizens
being training abroad.
Article 2.- This
Decision takes effect 15 days after its signing and replaces Decision No.
1962/QD of November 19, 1990 of the Minister of Education and Training, issuing
the Regulation on the overseas students work. All previous provisions contrary
to this Decision are hereby annulled.
Article 3.- The director
of the Office, the heads of the concerned units of the Ministry of Education
and Training, and the Sections in charge of the overseas students work at the
overseas representation missions of the Socialist Republic of Vietnam shall
have to implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
MINISTER OF EDUCATION AND
TRAINING
Nguyen Minh Hien
REGULATION
ON MANAGEMENT OF VIETNAMESE CITIZENS BEING TRAINING
ABROAD
(Issued together with Decision No. 23/2001/QD-BGDDT of June 28, 2001 of the
Minister of Education and Training)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
This Regulation prescribes the organization of
management; obligations and rights, commendation and handling of violations
during the time of study, research and apprenticeship; and the admission of
Vietnamese citizens who have been trained abroad and returned home.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Vietnamese citizens being trained abroad are pupils,
students, postgraduate students, research students, apprentices, interns and
trainees in short-term training courses, are hereinafter collectively referred
to as overseas students. Overseas students are classified into two categories:
1. Overseas scholars
Overseas scholars are Vietnamese citizens who
are being trained abroad with scholarships granted from the source of State
budget, scholarships under the cooperation treaties and agreements between the
Government of the Socialist Republic of Vietnam (or agencies authorized by the
Government of Vietnam) and foreign countries (or agencies authorized by the
foreign governments) or international organizations; scholarships granted by
foreign governments, international organizations, non-governmental organizations
or individuals through the Government of Vietnam; scholarships from the local
capital sources or State enterprises.
2. Self-financing overseas students
Self-financing overseas students are Vietnamese
citizens being trained in foreign countries with their own fundings (wholly or
in part); fundings directly provided by foreign individuals, organizations or
non-State enterprises or fundings of other sources not through the Government
of the Socialist Republic of Vietnam or not specified in Clause 1 of this
Article.
Chapter II
ORGANIZATION OF
MANAGEMENT OF THE OVERSEAS STUDENTS WORK
Article 3.-
Responsibilities of the Ministry of Education and Training
The Political Affairs Department, the
International Relation Department and the concerned units of the Ministry
shall, within the scope of their assigned functions and tasks, have to assist
the Ministry of Education and Training in performing the function of State
management over the overseas Vietnamese students work, with the following major
contents:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Coordinating with the Ministry for Foreign
Affairs and the concerned bodies in perfecting the model of organization of
management of overseas Vietnamese students being trained abroad; appointing
their personnel to take charge of the overseas students work; directing and
inspecting the performance of such work by Vietnamese representation missions.
3. Settling matters related to regimes and
policies and tasks related to the overseas students work during their stay in
foreign countries and after their return to Vietnam.
Article 4.-
Responsibilities of the overseas students work Sections at Vietnam�s overseas representation
missions
The overseas representation missions of the Socialist
Republic of Vietnam (hereinafter collectively referred to as Vietnamese
embassies) shall directly direct the Sections in charge of the overseas
students work (the Overseas Students Work Section or full-time or part-time
officials in charge) to perform the tasks related to the overseas students
work. The overseas students work Sections shall submit to the regular and
direct guidance by the embassies for the external political and internal
management work, and at the same time to the professional and technical
direction by the Ministry of Education and Training. The tasks of the overseas
students work Sections include:
1. Studying the training situation in the host
countries so as to advise the Ministry of Education and Training on the sending
of students for training in the specialties and fields at educational levels
suited to the training capabilities of the host countries as well as the
requirements of our country.
2. Maintaining relations with the responsible
agencies and training institutions in the host countries in the implementation
of the signed treaties and agreements; developing and expanding relations of
cooperation on training; settling in time arising issues and ensuring the
legitimate interests of overseas students.
3. Receiving and managing (directly or through
overseas students�
units) overseas Vietnamese students who are learning, researching and/or
apprenticing in the host countries.
4. Carrying out the political and ideological
education work and the work of the Ho Chi Minh Communist Youth Union and the
Youths-Students Association among overseas students; disseminating, guiding and
checking overseas students in their implementation of the State�s and Party’s undertakings
and policies; rules and regulations of the Ministry of Education and Training
as well as the Vietnamese embassies concerning overseas students.
5. Assisting and encouraging overseas students
in their learning, research, apprenticeship and self-training in moral and
political qualities, forging their attachment to the homeland as well as
friendship relations with the host countries.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. Basing themselves on the work’s
characteristics in each country and specific guidance of the specialized
sections of the Vietnamese embassies, making annual expenditure estimates for the
performance of the assigned tasks and reporting them to the Ambassadors for
consideration and incorporation in the general expenditure estimates of the
embassies. Receiving fundings (if allocated) and distributing them in time and
according to prescribed regime to the right categories of overseas students who
enjoy the State’s financial support from the State budget.
8. Periodically reporting (bi-annually and
annually) on the situation and results of the performance of their assigned
tasks to the embassies, the Ministry of Education and Training and the Ministry
for Foreign Affairs.
9. Receiving, considering and submitting to the
Ambassadors for decision matters related to overseas students as prescribed at
Points a and e, Clause 2, Article 6; Clauses 3, 4 and 5, Article 7, and Clause
2, Article 8 of this Regulation; the overseas students work Section shall have
to report in writing to the Ministry of Education and Training for the latter’s
directing opinions so as to ensure consensus in the management work before
submitting them to the Ambassadors for decision.
Article 5.- Overseas
students’ units
1. Overseas students units are self-management
bodies of overseas students at training institutions, which are set up,
directed and managed by the Vietnamese embassies.
2. The representative boards of the overseas
students units (the grassroots units, municipal units or regional units) shall
be elected by the collectives of the overseas students units. The Vietnamese
embassies shall consider and issue decisions on recognition of these boards
with a working term of one year. Depending on the number of overseas students,
the units representative boards may have between 1 and 3 (or 5) members each,
including the unit’s head, 1 or 2 deputy heads and members.
For newly-established overseas students units
that lack election conditions, their representative boards shall be temporarily
appointed by the Vietnamese embassies. Within 3 to 6 months after the decisions
on their establishment are issued, the units shall have to organize the
election of their official representative boards.
3. Tasks and powers of the representative boards
of the overseas students units:
a/ Directly managing and encouraging overseas students
in their units to study and self-train, comply with the rules and regulations
of the Ministry of Education and Training, the Vietnamese embassies as well as
training institutions of the host countries, and carry out friendship
activities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Considering and proposing the Vietnamese
embassies or training institutions of the host countries the commendation,
handling of violations and settlement of matters related to the overseas
students legitimate interests.
d/ Managing the units funds contributed by
overseas students in order to serve their collective activities. The levels of
contribution and spending shall be discussed and decided by the unit
collectives in a democratic manner.
Chapter III
OBLIGATIONS AND RIGHTS
OF OVERSEAS STUDENTS
Article 6.- Obligations
of overseas students
Overseas students have the following
obligations:
1. Civic duties
a/ To protect the honor of and well fulfil their
civic duties towards the Fatherland of Vietnam.
b/ To strictly observe the laws of the Socialist
Republic of Vietnam, the Education and Training Ministry’s Regulation on
management of Vietnamese students being trained abroad and the Vietnamese Embassies
regulations concerning overseas students in the host countries.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ To join the overseas students units and
carrying out necessary procedures for registration with the overseas students
work Sections of the Vietnamese embassies. Not to establish nor join
associations, political organizations and other activities of political nature
without permission of the Vietnamese embassies in the host countries.
2. Obligations to learn, research and apprentice
a/ Overseas scholars have the obligation to
learn, research and apprentice according to the already assigned or registered
training terms, levels and specialties. If they need changes, overseas students
shall send their applications to the Vietnamese embassies in the host countries
for consideration and settlement after consulting the Ministry of Education and
Training and the managing agencies (for overseas students who are State
employees).
b/ To strictly comply with the arrangement of
scientific tutors, places of learning, research or apprenticeship by the
training institutions. If they need any changes, overseas students shall have
to submit their requests to the training institutions and the competent
training management authorities in the host countries for settlement and report
such to the Vietnamese embassies for knowledge and assistance.
c/ To complete the training duration, program
and plan as required by the training institutions in the host countries.
d/ To report on the results of their learning or
research after each semester and academic year to the Vietnamese embassies
through the overseas students units (if any).
e/ Overseas scholars shall not be allowed to
repeat a class, prolong the time of research or apprenticeship. In cases of
ailments or accidents with certification by hospitals and other special
reasons, overseas students may repeat a class or prolong their research or
apprenticeship time if they obtain permission of the Vietnamese embassies after
the latter have consulted the Ministry of Education and Training and the
managing agencies (for overseas students who are State employees). If overseas
students prolong their learning or research time without permission of the Vietnamese
embassies, they shall be handled for their violations according to current
regulations and shall have to pay by themselves for all expenses like
self-financing students.
3. The obligation to participate in collective
activities
Overseas students should participate in
activities of the Ho Chi Minh Communist Youth Union and the Vietnamese Youths
and Students Association, which are organized by the Vietnamese embassies; have
a sense of responsibility for building and maintaining close ties with the collectives,
and place themselves under the direct management of the overseas students
units.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Overseas scholars shall have to refund the whole
or part of the training expenses to the Vietnamese State according to current
regulations on the refunding of training expenses by overseas students. If
overseas students are State employees sent for training by their agencies, the
obligation to refund training expenses shall comply with the provisions of the
Government’s Decree No. 96/1998/ND-CP of November 17, 1998 on the "job
dismissal regime applicable to State employees" and Circular No.
28/1999/TT-BTCCBCP of July 31, 1999 of the Government Commission for
Organization and Personnel guiding the implementation of the said Decree.
Article 7.- Rights of
overseas students
Overseas students shall have the following
rights:
1. The right to equality among overseas students
Overseas students shall enjoy equality in their
rights and obligations; have their legitimate interests protected by the
Vietnamese embassies during their time of learning in foreign countries; have
their talents used by the State and enjoy the preferential treatment regime
according to current regulations after they graduate and return home.
2. The right to learn and carry out scientific
activities
Overseas students shall be encouraged by the
State to take part in scientific activities organized by training institutions
(participating in scientific research, taking excellent students examinations,
attending symposiums and workshops and presenting scientific reports in host
countries, at home and other countries) with a view to promoting their
learning, research capability and completing their training courses with a high
quality. Genuinely talented overseas students certified by their training
institutions shall be given priority in the consideration, selection and
provision of conditions for their further study at higher levels (if these
students themselves so desire).
3. The right to continue study at higher levels
Overseas students who excellently complete their
training programs, meet all conditions and criteria prescribed by the Ministry
of Education and Training for further study, have been recommended in writing
by their training institutions and have obtained the consent of their managing
agencies (if they are State employees), may send dossiers for further study to
the Vietnamese embassies in the host countries for consideration and decision
after consulting the Ministry of Education and Training.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The apprentices right to defend theses
Scientific apprentices who have well fulfilled
their tasks and are capable of defending their theses to obtain academic
degrees (of doctor or doctor of science) according to regulations of the host
countries, meet all conditions prescribed by the Ministry of Education and
Training, obtain the written approval of the admitting training institutions,
shall submit dossiers to the Vietnamese embassies for consideration and
decision after consulting the Ministry of Education and Training and their
managing agencies (if they are State employees).
5. The right to continue study with own funding,
to work as collaborators
Graduated overseas scholars may, after obtaining
written permission of their managing agencies (if they are State employees),
stay in foreign countries to continue study or research according to the
self-financing regime, work as scientific collaborators or under production contracts
for one to three years. They shall send dossiers for reporting to the
Vietnamese embassies for consideration and decision after obtaining the opinion
of the Ministry of Education and Training. They shall have to pay by themselves
all expenses, air tickets to return home and buy insurance of various kinds.
Overseas students who work as scientific collaborators or under production
contracts at foreign establishments shall have to pay taxes according to
current regulations of the Vietnamese State.
6. The right to return home for apprenticeship
and collecting materials
Scientific activities in service of the training
programs are conducted largely in the host countries. In cases they must be
conducted at home, such as surveying, practicing, collecting materials and
specimen for experiments, overseas students shall report them to the Vietnamese
embassies in the host countries for consideration and settlement. Overseas
students shall have to abide by principles and procedures for taking materials
and specimen abroad according to general regulations of the State.
7. The right to take leaves
During their leaves, overseas students may
return home, visit relatives in other countries (third countries), invite
relatives to visit them if permitted by competent bodies of the host countries.
Before returning home for leave or going to a third country, overseas students
must report such to the Vietnamese embassies in the host countries.
8. The right to enjoy consular protection
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ For overseas students who need to settle consular
issues (passports, visas) and judicial matters (marriage registration, birth
registration), the Vietnamese embassies shall settle these matter according to
its competence and regulations of Vietnam and the host countries.
9. The right to enjoy financial regimes
a/ Overseas scholars shall enjoy scholarships
and various monetary rewards for achievements recorded in their study,
scientific research, specialty allowances, as well as insurance regimes funded
by the training institutions and international organizations as prescribed in
the signed cooperation treaties and agreements or by the Vietnamese Government
under the prescribed regime.
For overseas students granted with scholarships
from the source of local budget or State enterprises, they shall enjoy financial
regimes offered by the localities or establishments that send them for
training.
b/ Funding for activities mentioned in Clauses
2, 4, 6 and 7, this Article, shall be incurred by overseas students themselves
or provided by the training institutions, the establishments that send them for
training from the local budget or State enterprises.
10. The right to lodge complaints and
denunciations
Overseas students may lodge complaints and
denunciations against wrong decisions and acts of competent agencies or
individuals in the overseas students work. The lodging of complaints and
denunciations must comply with the provisions of Vietnamese laws.
Article 8.- The rights
of self-financing overseas students
During their study and/or research abroad,
self-financing overseas students shall, after registering themselves with the
embassies (the overseas students work Sections) for management in overseas
students organizations, enjoy the following rights:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. After graduation, if meeting all conditions
and criteria prescribed by the Ministry of Education and Training for further
study at higher levels, they may express their desire and send dossiers to the
Vietnamese embassies in the host countries for consideration of further study
with scholarships according to current regulations of the Ministry of Education
and Training.
3. Those who graduate with distinctive and
excellent degrees, have good moral and political qualities shall, after
returning home, be highly recommended by the Ministry of Education and Training
to employing agencies.
Chapter IV
RECEPTION OF OVERSEAS
STUDENTS RETURNING HOME
Article 9.- Completion
of overseas training courses
1. Returning home on prescribed schedule
After completing (graduating or not graduating)
the training courses, overseas scholars must comply with the time for returning
home according to regulations of the Vietnamese embassies or competent
authorities in the host countries. In cases of non-compliance and their reasons
therefor are not accepted by the Vietnamese embassies or competent authorities
in the host countries, they shall have to settle by themselves all related
procedures with their own fundings (purchase of air tickets to return home,
visa extension, places of accommodation).
2. Production of dossiers after returning home
Within one month after returning home, overseas
scholars shall have to come to the Ministry of Education and Training in Hanoi
or its Office in Ho Chi Minh City to produce dossiers and settle matters
related to overseas students after returning home.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Dossiers of returning overseas students (who
have graduated or not yet graduated) are prescribed in Appendix 2 to this
Regulation.
Article 10.- Reception
and settlement of overseas students
1. Overseas students who have graduated and
returned home
a/ Overseas scholars who have graduated and
returned home shall have to work under the assignment by the State. If past the
Government-prescribed time waiting for work assignment, counting from the time
they produce dossiers upon their return home to the Ministry of Education and
Training, if no decision on job assignment according to the State’s
requirements is issued, they may find jobs on their own or be provided with
conditions by the Ministry of Education and Training for contacts to find jobs.
b/ For overseas scholars who are State employees
and have returned home (have submitted complete dossiers and carried out all
related procedures), the Ministry of Education and Training shall issue
documents on sending them to work at the agencies that have sent them for
training. The transfer of such students to work at other agencies shall be
decided by the agencies that have sent them for training.
2. Overseas students who have not yet graduated
when returning home
a/ Overseas scholars, who have not yet graduated
and return home under the category of those subject to refunding of training
expenses according to the provisions of Clause 4, Article 6 of this Regulation,
must fulfill the obligation to refund training expenses to the State before
they can be considered for sending back to the agencies that have sent them for
training, sending back to the localities or introducing for further study in
the country.
The refunding of training expenses by overseas
students granted scholarships from the source of local budget or by State
enterprises, shall be dealt with by the agencies that have sent such students
for training according to current regulations.
b/ Overseas scholars, who have not yet graduated
but returned home for health reasons, poor learning capability or other
plausible reasons, which has been commented and recommended by the Vietnamese
embassies, shall be considered and recommended by the Ministry of Education and
Training for their continued study at home in the study specialty relevant to
the one they studied abroad.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
For graduated or ungraduated self-financing
students who have returned home, if they produce complete dossiers (prescribed
in Appendix 2 to this Regulation) to the Ministry of Education and Training,
they shall be assisted and given conditions by the Ministry of Education and
Training to make contacts and find jobs (if they have graduated), recommended
back to the training institutions, agencies, units or localities where they
worked before going for self-financed training (if they have not yet
graduated).
Where overseas students have passed entrance
examinations (with certification by competent authorities) and admitted for
secondary vocational, college or university levels at overseas training
institutions, have been granted scholarships by the host countries but have not
yet graduated and returned home for normal reasons (health, family conditions
and personal aspirations), with comments and recommendations by the Vietnamese
embassies, if there are institutions to receive them, they shall be considered
and recommended by the Ministry of Education and Training for their continued
study at home in the study specialty relevant to the one they already studied
abroad.
Chapter V
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 11.-
Commendation of collectives of overseas students and individual overseas
students
After each academic year and the whole training
course, the collectives of overseas students and individual overseas students,
that have recorded outstanding achievements in their study, self-training and
friendship activities, well observed the rules and regulations of Vietnam and
host countries and have been proposed by the overseas students units, shall be
considered and commended by the Vietnamese embassies in the following forms:
1. Commendation.
2. Awarding of commendation certificates.
3. Proposing the Minister of Education and Training
or functional agency to reward according to general regulations of the State.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The collectives of overseas students and
individual overseas students that violate the laws of the Socialist Republic of
Vietnam and/or the host countries, the Regulation on management of Vietnamese
citizens being trained abroad, study and daily life regulations of the
Vietnamese embassies and training institutions in the host countries, shall,
depending on the nature and seriousness of their violations, be handled by the
Vietnamese embassies in the following forms:
a/ Reprimand;
b/ Warning;
c/ Suspension of study and repatriation;
d/ Proposing of prosecution according to law
provisions.
2. Overseas students who are State employees and
commit violations, shall be handled, apart from the forms mentioned in Clause 1
of this Article, according to the provisions of the Ordinance on State
employees.
Article 13.-
Commendation, handling of violations of collectives and individuals involved in
the overseas students work
Collectives and individuals who have recorded
outstanding achievements in the overseas students work or violated the provisions
of the Regulation on management of Vietnamese citizens being trained abroad,
shall be considered for commendation or handled for their violations according
to current regulations of the Vietnamese State.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(Issued together with the Regulation on
management of Vietnamese citizens being trained abroad)
Appendix 1. A dossier for further study
consists of:
1. An application for further study, addressed
to the Vietnamese embassy in the host country.
2. Copies of the graduation diploma and study
results, other diplomas and certificates related to the academic performaces
and scientific activities in foreign countries.
3. Written comments, proposals and agreement to
provide further training by the training institution in the host country, which
clearly state the funding for continued study.
4. Written consent of the managing agency on the
further study.
5. Research topic and outline, for further study
for doctoral degree.
Appendix 2. Dossiers of overseas students
who have or have not yet graduated when returning home
1. Dossier of overseas student who has graduated
and returned home consists of:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Diploma, certificate and other papers related
to the training program, granted by the training institution in the host
country.
c/ Written comments, letter of recommendation,
issued by the Vietnamese embassy in the host country.
d/ Other related papers.
2. Dossier of overseas student who has not yet
graduated but returned home consists of:
a/ Written comments, recommendation or decision
on his/her returning home, granted by the Vietnamese embassy in the host
country.
b/ Study register (transcript) of the year(s) of
studying abroad, issued by the training institution in the host country.
c/ Documents related to the returning home by
the overseas student who has not yet graduated, issued by the training
institution or management authorities in the host country.
d/ The overseas student’s report on the
reason(s) for returning home.-