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THE MINISTRY OF EDUCATION AND TRAINING
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.33/QD-BGD&DT
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Hanoi, August
25, 1999
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DECISION
ON THE ISSUING OF THE "REGULATION ON ADMINISTRATION OF
OVERSEAS STUDENTS IN VIETNAM"
THE MINISTER OF EDUCATION AND TRAINING
In consonance with Education Law
No.11/1998/QH10 of December 2, 1998;
In consonance with Government Decree No.15/CP of March 2, 1993, on tasks,
rights and responsibilities of ministries and ministerial-level bodies in State
control;
In consonance with Government Decree No.29/CP of March 30, 1994, on tasks,
rights and organisation of the Ministry of Education and Training; and
In consonance with the proposal of the head of the Politics Department,
DECIDES
Article 1. To attach to
this Decision the "Regulation Administration of Overseas Students in
Vietnam".
Article 2. The Decision
is effective 15 days after the date of signing; and it replaces Decision
No.1815/QD of November 5, 1990, of the Minister of Education and Training
regarding the issuing of the Regulation on Receiving and Controlling Lao and
Cambodian Students in Vietnam. The previous regulations on overseas students in
Vietnam of the former Ministry of Universities, Professional High Schools; the
former Ministry of Universities, Professional High Schools and Vocational
Training; and Ministry of Education and Training, which are contrary to the
provisions of the "Regulation on Administration of Overseas Students in Vietnam"
are null.
Article 3. Chiefs of
offices, heads of related unit, under Ministry of Education and Training,
directors of universities and directors of departments of education and
training of localities where overseas students study assume the responsibility
to implement this Decision.
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MINISTER OF
EDUCATION AND TRAINING
Nguyen Minh Hien
REGULATION
ON ADMINISTRATION OF OVERSEAS STUDENTS IN VIETNAM
(Attached to Decision No.33/1999/QD-BGD&DT of August 25, 1999, of the
Minister of Education and Training)
Chapter I
GENERAL REGULATIONS
Article 1. Scope of
adjustment
The Regulation on Administration of Overseas
Students in Vietnam rules that the receipt and management of training of overseas
students in Vietnam who are either directly received by the Ministry of
Education and Training or are allowed to study by the ministry. The receipt and
management of training of overseas students at educational resources under the
ministries of Defense and Police, the State Inspectorate, the Office of Public
Prosecutor, the Governmental Cipher Department, the National Politics Institute
and the National Administrative Institute are allowed to observe their own
regulations and are not subject to the adjustment of this Regulation.
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1. Overseas students who are studying in Vietnam
and are subject to the adjustment of this Regulation are foreign citizens
entering Vietnam for study, research and practices at educational resources
under Vietnam's national educational system. They include professional
secondary school students, college students, university students,
postgraduates, learners who come to improve professional knowledge, and
finally, trainees. They are generally called overseas students.
2. Overseas students are divided into two
groups:
a/ Overseas students received in consonance with
the agreements between the Socialist Republic of Vietnam and countries and
international organisations. They are granted scholarship of the Vietnamese
Government and are generally called overseas students under agreement.
b/ Overseas students received in consonance with
the educational contract between Vietnamese educational resources and foreign
organisations and individuals, or Overseas Vietnamese. They are generally
called self-supporting overseas students.
Article 3. Language
common in education
Vietnamese is the official language that
overseas students must use when studying at educational resources in Vietnam.
Overseas students, before entering the main training course, must have the
required command of Vietnamese language skills (listening, speaking, reading
and writing) according to the detailed regulations applied for each level of
education and training. Foreigners coming to Vietnam for short term (less than
one year) research and practice will be able to use a common language (using
Vietnamese is not required) if the receiving resource allows this.
Chapter II
REQUIREMENTS AND
PROCEDURES FOR RECEIVING OVERSEAS STUDENTS
Article 4. Requirement
of diplomas
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Overseas students, before their study at
professional secondary school educational resources, colleges, universities and
post-graduation resources, must show their graduation certificates which are,
at least, similar to those of Vietnam decreed in the Vietnam Education Law and
applicable for each level of training. Those overseas students applying for
post-graduation in Vietnam must work in the field they are applying for
post-graduation for at least three years after their university graduation.
This excludes honoured and highly honoured university graduates for whom the
sending resource proposes their post graduation right after they graduate from
universities.
2. Improving professional qualifications
Overseas students, before attending refresher
courses for improving professionalism, must meet all requirements and criteria
in consonance with the agreement between Vietnam and the sending resource or
with the signed training agreement.
3. Trainees
Overseas trainees must have diplomas or
certificates which are correlative to the majors and the levels of training
regulated by the trainee receiving resource. In particular, those trainees who
drill their Vietnamese language skills must only have been studying Vietnamese.
4. Gifted students
Overseas students who follow aptitude majors
(cultures, arts, architecture, physical cultures and sports), apart from
requirements of diplomas clarified in Article 4 of this regulation, must pass
the examinations of their aptitudes for the field they are applying according
to the regulations of Vietnamese gifted student educational resources.
Article 5. Health and
age requirements
1. Health requirements
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2. Age requirements
- Pupils and students, by the date of beginning
the study, must not be over 30 years old;
- Post graduate learners, by the date of
entering the course, must not be over 40 years old; and
- Age requirements are not applicable for
trainees, learners who improve their professionalism, and sell-supporting
overseas students.
Article 6. Application
procedures of overseas students
Overseas students must have all necessary
application procedures in both Vietnamese and English. These include:
- A summarised curriculum vitae;
- A copy of necessary diplomas as decreed in
Article 4 of this Regulation (notarised or certified by a relevant body of the
sending country);
- A duplicate of school report;
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- A draft study (applicable for post-graduation
applicants and trainees);
- A certificate of professional qualifications,
aptitudes, sports titles or works (applicable for gifted students); and
- Four 4 x 6cm photos (should no more than six
months before the date of sending application procedures).
Article 7. Reception
procedures
1. Before April 1, the sending side must
transfer Vietnam's Ministry of Education and Training the plan of numbers of
overseas students to be sent for training with such majors as noted in the
attached list.
2. Before June 15, the sending side must
transfer to Vietnam's Ministry of Education and Training the list of overseas
students and their majors attached to the application procedures in accordance
with Article 6 of this Regulation.
3. Before August 1, the Ministry of Education
and Training replies to the sending side about its result of receipt of
overseas students.
4. Before September 1, approved pupils
and students must present in Vietnam. Post graduate learners, learners who
improve professionalism, and trainees will present according to the schedules
of Vietnamese educational resources after they already arrange classes and
lecturers.
5. The procedures for receiving sell-supporting
overseas students are fulfilled in accordance with the agreement in the signed
training contract.
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Standards and regimes that ensure daily living,
studying, examination and treatment of diseases (including the regimes on
health insurance), two-way air fares (including the cases where overseas
students must return home before the expiration date for any reason) and other
expenses relating to overseas students are solved in accordance with the
agreement or the signed training contract.
Chapter III
STUDY AND RESEARCH OF
OVERSEAS STUDENTS
Article 9. Preparatory
study and direct study
1. Preparatory study
- Overseas students who do not know Vietnamese
will be required to attend a preparatory Vietnamese language learning
programme; and after finishing the programme and before entering the main
course, must undergo examinations of their Vietnamese language skills. The term
for the preparatory study is identified according to the specific requirements
of each level of training and of the overseas students. However, this term must
not exceed one academic year.
- Overseas students who pass the examination of
Vietnamese language skills will be certified and will fulfil procedures for
entering the course at an educational resource arranged by Vietnam's Ministry
of Education and Training.
- Under-agreement overseas students who do not
pass the examination of Vietnamese language skills will either be forced to
return home or finance by themselves the repeating of the preparatory
Vietnamese language learning programme within a maximum of one academic year.
In cases where the student wishes to study at a lower grade, the sending side
must send proposal, in writing, to Vietnam's Ministry of Education and Training
for consideration and resolution.
2. Direct study
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Article 10. Training
term
1. Professional secondary school, college,
university and post graduation training
Terms of training applied to overseas students
at all grades, ranging from professional secondary school to doctors degree
training, will be the same as those applicable for Vietnamese citizens in
accordance with the regulations of the Vietnam Education
Law.
2. Improving professional qualifications
Overseas students attending refresher courses for
improving professional qualifications must observe the requirements of the
training term and course programme in accordance with the agreement between
Vietnam and the sending side. After the course is complete, the educational
resource, within its competence, will grant certificates.
3. Trainees
Overseas students entering Vietnam for
practicing their majors or practicing Vietnamese must finish the outlined
programme over the term accepted by the Vietnamese side, and must regularly
report to the faculty about the practice result, or must take the examinations
as scheduled in the practice programme. After completion of the practice
programme, the host resource will grant certificates or testily their complete
practice.
Article 11. Foreign
language for overseas students
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- Apart from Vietnamese and their mother-tongue
language, overseas students must learn one more foreign language determined by
the educational resource. This is applicable for post graduate students and
those students who study such majors such as external trade, foreign affairs,
foreign languages and tourism which demand the concurrent use of many
languages.
- Overseas students who desire to learn other
foreign languages using their own budgets will receive all necessary
assistance.
Article 12. Taking
examinations, defending designs, theses, essays and graduation theses, and
granting certificates
Study; research; examinations; approval of
students who will continue the next courses final examinations; defence of
designs, essays and theses; certifying graduation; and granting graduation
certificates or certificates to overseas students at all grades, ranging from
professional secondary school to doctors degree training is applicable as for
Vietnamese citizens in accordance with the Regulation on Training at Different
Grades issued by Vietnam's Ministry of Education and Training. Apart from the original
graduation certificate or certificate written in the Vietnamese language,
overseas students are conferred an attached similar certificate written in
English language.
Article 13. Repeating
of a course
1. During the entire course, under-agreement to-be-masters
students and other types of students and learners have the right to repeat the
course over a year and the right to repeat their defence of theses, designs,
graduation theses or final examination, but only once. During this time,
overseas students can continue the regimes they are enjoying. If after a year
of repeating the course the student still fails to enter the next course, or it
he/she is unable to defend the thesis, design, essay, or it he/she does not
pass the final re-examination, he/she must come back to the home country or
follow the next sell-supporting course.
2. Under-agreement overseas students who are
postgraduates must not self-willingly extend the research term. The extension
of the term must be decided by Vietnam's Ministry of Education and Training on
the basis of the proposals in writing from a competent representative body of
the sending side, from the lecturer and the director of the Vietnamese
educational resource. The term can be extended over a maximum of one year. If
the training programme is unfinished, the overseas student must either return
to his country or continue the next self-supporting course.
Article 14. Overseas
students leaving courses
Under-agreement overseas students must not
self-willingly leave courses and practice programmes. They must observe the
Regulation on Training at Different Grades issued by the Ministry of Education
and Training and the Rule on Study and Practice at Vietnamese Educational
Resources. Overseas students who exceed the total of hours of permissible
absence (with or without reason) are treated as Vietnamese citizens in
accordance with the above-mentioned regulation and rule.
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Overseas students must not sell-willingly change
the major they have been studying or the study they have been researching or
change the university. If desired, overseas students must address their request
letter and must be approved by the sending side which will propose, in writing,
that Vietnam's Ministry of Education and Training consider and solve right in
the first academic year. Only alter the approval, in writing, from Ministry of
Education and Training, the educational resource is allowed to solve overseas
students’ change of the majors,
studies and practice draft, or change of universities.
Article 16. Self-supporting
overseas students
1. Vietnam welcomes and gives favourable
conditions for the sell-supporting study, research and practice in foreigners
although they have to cover all living costs and training fees during their
stay in Vietnam. Learners are free to choose their favourite majors, place of
study and guiding lecturer on the basis of the direct agreement and the
Training Contract signed with Vietnamese educational resources. All
self-supporting overseas students related issues are solved on the basis of the
Training Contract and the provisions of the Regulation on Administration of
Overseas Students in Vietnam.
2. After receiving the notice of
Vietnam's Ministry of Education and Training regarding the shifting to the
self-supporting study, under-agreement overseas students must directly sign a
Training Contract with the Vietnamese educational resource in accordance with
the regulations in Point 1 of this Article. In particular, for the return air
ticket, stipulations in Article 8 of this Regulation are applicable.
Chapter IV
RESPONSIBILITIES OF
RESOURCES THAT TRAIN, AUTHORISE AND SERVE OVERSEAS STUDENTS
Article 17. Responsibilities
of educational resources that receive and train preparatory overseas students
Educational resources receiving and training
preparatory overseas students assume the responsibility for the training
programmes and preparatory text books in the categories of groups in training
majors, levels of training and objects of training (overseas students). These
resources must also join with main course training resources in examining
Vietnamese language skills after the preparatory training course ends; grant
certificates or certify that overseas students have required command of
Vietnamese language skills after examination; and report on the study and study
result of overseas students to the Ministry of Education and Training after
completing the preparatory training course.
Article 18. Responsibilities
of educational resources receiving under-agreement overseas students
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2. Link with the educational resource which
trains preparatory overseas students in examining their Vietnamese language
skills before receiving them for the main course:
3. Link with responsible bodies in solving all
issues in relation to overseas students during the course.
Article 19. Responsibilities
of educational resources which receive and train self-supporting overseas
students
1. Only receive and train self-supporting
oversea students, with such majors that the educational source is authorised to
train;
2. Compile the Training Contract, and before the
signing with foreign partners, report to the Ministry of Education and Training
for approval;
3. Formulate documents and list of
self-supporting overseas students in consonance with the signed Training
Contract for report to the Ministry of Education and Training, and work with
related responsible bodies to fulfil necessary procedure, for the receipt of
self-supporting overseas students;
4. Fulfil the responsibilities for education and
training in consonance with the provisions in the signed Training Contract
5. Control the revenues from and expenses of
study fees of overseas students in accordance with the existing financial
regulations; and
6. Send self-supporting overseas students
(if necessary) to the educational resource which provides preparatory
Vietnamese language courses for overseas students in accordance with the
agreement and the direct contract with the training resource.
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The Overseas Students Serving Centre and
educational resources that host overseas students in their hostels must take
the responsibility:
1. To receive, control and be responsible for material
lives of overseas students who are within their scope of authority;
2. To co-ordinate with responsible bodies to
promptly solve all issues related to overseas students who are within the scope
of their authority; and
3. To observe the policies and regimes of the
Vietnamese State towards overseas students and the regime on regular report to
the Ministry of Education and Training on the status of overseas students.
Chapter V
OBLIGATIONS AND RIGHTS
OF OVERSEAS STUDENTS
Article 21. Equality
among overseas students
All overseas students who enter Vietnam for
study, research and practice have equal obligations and rights to study,
research, practice and live.
Article 22. Obligations
of overseas students
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1. Observe the laws of the Socialist Republic of
Vietnam and respect Vietnamese customs;
2. Fulfil the University Rule, the Regulation on
Administration of Overseas Students in Vietnam, the Regulation on
Administration of Pupils and Students in training resources, and the Rule on
Study and Lives;
3. Fulfil the task of studying and researching
in accordance with the training programme and plan stipulated by the
educational resource;
4. Maintain friendly relations with the
Vietnamese and with overseas students from other countries;
5. Keeping and protecting assets of the
educational resource that trains governs and serves overseas students; and
6. During their study, research and practice in
Vietnam, under-agreement overseas students who wish to enter the third country
must have letter of request and must be permitted by the educational resource.
The educational resource provides recommendation for fulfilling visa procedures
after the permission, in writing, of the sending, competent body.
Article 23. Overseas
students have the following rights:
1. To receive the equal respect and
treatment from the educational resource which trains, governs and serves
overseas students as towards Vietnamese citizens; to access adequate
information necessary for their study and corresponding to the real capacity of
the educational resource;
2. Under-agreement overseas students are monthly
granted scholarship in the Vietnamese dong which is calculated from the date of
entering Vietnam, including the summer holiday and a month after graduation
(from the date of defending designs, theses essays or of taking the final
examination). They are provided with accommodations in hostels in consonance
with the agreement signed between Vietnam and the sending side;
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4. To be allowed to partake in cultural, arts
and sports festivities of the overseas students training, governing and serving
resources;
5. To be allowed to take part in scientific
research of the educational resource as for Vietnamese students;
6. To be recognised if they record high-profile
result of study and scientific research and to be granted occupational
allowance as decreed in the Vietnamese existing regulations;
7. To be allowed to return to their home
countries during the summer holiday and other holidays and to be allowed to
invite the relatives to visit them in accordance with the Vietnamese
regulations;
8. To be allowed to leave study over a maximum
of one academic year (without receiving the scholarship) for solving personal
businesses if the reasons are acceptable and the absence is permitted by the
sending side, the educational resource and Vietnam', Ministry of Education and
Training; and
9. The collective of overseas students from the
same country who study at the same university or live in the same hostel is
allowed to vote its representative who will oversee the collective and contact
with the training, governing and serving resource for solving related problems.
Chapter VI
APPRAISAL, REWARDS AND
PUNISHMENTS
Article 24. Apprasing,
rewarding and punishing overseas students
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Overseas students who report outstanding
achievements in their study, research and friendly activities will be appraised
and rewarded in consonance with the regulations of Vietnam's Ministry of
Education and Training.
2. Punishment;
Overseas students will be punished, according to
the level of seriousness of the violation once they violate the laws of the
Socialist Republic of Vietnam, the University Rule, the Regulation on
Administration of Overseas Students in Vietnam, the Regulation on
Administration of Pupils and Students in Training Resources, the Regulation on
Training at Different Grades, and the Rule on Study and Lives. The levels of
punishment follow:
a/ Blaming
b/ Warning
The director of the resource that trains,
governs and serves, overseas students determines levels a/ and b/.
c/ Suspending the study, research and practice,
and returning to the sending country:
d/ Proposing prosecution in accordance with the
Vietnamese laws.
Levels c/ and d/ are proposed by the director of
the resource that trains, governs and serves overseas students and are approved
by the Minister of Education and Training.
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Collectives and individuals that report
outstanding achievements in training, controlling and serving overseas
students, or violate the provisions of the regulation on Administration of
Overseas Students in Vietnam will be treated in accordance with the existing
general regulation on appraisals, rewards and punishments of the Socialist
Republic of Vietnam.
MINISTER OF
EDUCATION AND TRAINING
Nguyen Minh Hien