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THE MINISTRY OF FINANCE
THE MINISTRY OF EDUCATION AND TRAINING
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
75/2000/TTLT/BTC-BGDDT
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Hanoi, July 20, 2000
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JOINT CIRCULAR
GUIDING THE TRAINING FUND REPAYMENT BY SUBJECTS
WHO HAVE BEEN SENT TO STUDY ABROAD BUT DO NOT RETURN HOME AS SCHEDULED
In furtherance of the Prime Minister’s
Decision No. 957/1997/QD-TTg of November 11, 1997 on improving a number of exit
procedures and resolving matters relating to Vietnamese people who have gone
abroad but do not return home as scheduled;
Pursuant to the Ordinance on Public Servants;
Pursuant to the Government’s Decree No. 96/1998/ND-CP of November 17, 1998 and
the Government Commission for Organization and Personnel’s Circular No.
28/1999/TT-BTCCBCP on the job severance regime applicable to public servants;
After getting comments from the Ministry of Science, Technology and Environment
(Official Dispatch No. 1293/BKHCNMT-TCCBKH of May 27, 1998); the Ministry of
Planning and Investment (Official Dispatch No. 3661/BKH/KHGDMT of May 30,
1998); the Ministry for Foreign Affairs (Official Dispatch No. 217/CB of May
26, 1998 and Official Dispatch No. 1727/CV/NG-CB of December 25, 1998); the
Ministry of Justice (Official Dispatch No. 1182/TP-PLDSKT of June 24, 1999) and
the Party Central Committee’s Commission for Sciences and Education (Official
Dispatch No. 1141-CV/KGTW of March 14, 2000), the Ministry of Finance and the
Ministry of Education and Training hereby jointly guide the training fund
repayment as follows:
I.
APPLICATION SUBJECTS
1. Subjects:
As from 1999, the following subjects, who have
been sent abroad to study with funds provided by the State or foreign parties
under treaties or agreements reached with Vietnam but do not return home or
fail to return home within the prescribed time-limit after finishing their
training courses, shall have to repay part or whole of the expenditures
relating to the training process:
+ Public servants as prescribed in the Ordinance
on Public Servants.
+ University and post-university students
(research students, post-graduate students) who are sent to study as from the
1999-2000 school year under Article 76 of the Education Law.
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2. Subjects liable to training fund repayment:
a/ Those who, upon the expiry of their study
duration, do not return home to work or return home 3 months or more after the
deadlines without any plausible reasons or approval by domestic competent
agencies or organizations.
b/ Those who are compelled to return home ahead
of schedule for being suspended from learning as a discipline; who do not
fulfill their learning duties without any plausible reasons or who drop their
study at their own will to return home.
c/ Those who return home on time but arbitrarily
quit their jobs, failing to return to their former agencies or units or
disobeying the work assignment by their agencies without plausible reasons.
d/ Those who apply for permanent residence
abroad while studying, doing research work or taking apprentice there.
e/ Those who return home on time, return to work
at their former agencies or units but arbitrarily quit their jobs or apply for
exit to reside permanently overseas while their service period is less than 3
times the period they study or are trained abroad.
For cases (a), (b), (c) and (d), the whole of
the training expenses must be repaid; for case (e), part of the training
expenses must be repaid.
3. Cases entitled to consideration for exemption
or reduction in part or whole of the training fund repayment:
a/ Subjects entitled to exemption consideration:
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- Those who are sent to study by their agencies
and allowed by their managing agencies to stay abroad and work as collaborators
for overseas research institutions, or who get ill with certification by
medical establishments of the host countries, and return home 3 months or more
after the deadlines with plausible reasons certified by the Vietnamese
embassies in such foreign countries, and these cases must be approved by the
Compensation Considering Councils of the competent agencies or organizations.
b/ Subjects entitled to reduction consideration:
Those who are entitled to social policies or whose families fall in
particularly difficult circumstances (with certification by the local
administrations) may file their applications for compensation reduction through
the Compensation Considering Councils of the competent agencies or
organizations.
4. Bases for calculating the training fund
repayment:
- The training agreements the Vietnamese
Government has signed with each country; this funding includes all the training
expenses and scholarships granted during the period of their study abroad, from
the time they begin their study in training institutions till the time they
finish their training courses and are granted certificates or diplomas, and the
training expenses paid to the foreign parties by the Vietnamese State (if any).
- The time they are sent for overseas training.
- The current domestic norms on training
expenditures.
5. Contents and levels of training fund
repayment:
5.1. Contents: The training expenses include the
following:
- Training expenses paid by the Vietnamese State
(or Vietnamese agencies or organizations) to foreign parties or training
expenses provided by foreign parties under the signed agreements.
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- The round trip airfares provided by the
Vietnamese State or foreign parties.
- The total amount of scholarship granted by the
Vietnamese State or foreign parties.
- Special occupational allowances (if any).
- Expenses on exit and entry for study and other
expenses (if any).
5.2. Compensation levels: 100% of the
above-mentioned total training expense. In case of reduction, the maximum
reduction level shall be 50% of the to-be-repaid amount.
The calculation of partial or full repayment of training
expenses by State employees shall comply with the regulations on compensation
of training and fostering expenses in the Government’s Decree No. 96/1998/ND-CP
of November 17, 1998 on the regime of job severance for public servants and the
Government Commission for Organization and Personnel’s Circular No.
28/1999/TT-BTCCBCP of July 31, 1999 guiding the implementation of Decree No.
96/1998/ND-CP (Part IV - Compensation of training and fostering expenses).
II.
MEASURES TO RECOVER TRAINING EXPENSES
1. Officials, employees, post graduates,
undergraduate students,... who are sent abroad for training, fostering or
further study with funds provided by the State or foreign parties under
treaties or agreements signed between Vietnam and foreign countries (except
those sent by foreign organizations to study abroad and then return to work for
such organizations in Vietnam) shall, before carrying out exit procedures, have
to deposit collateral amount equivalent to USD 1,000 at the agencies which send
them for study. Within 15 days after receiving such collateral amount, the
agencies managing such subjects shall have to deposit such collateral amount
into a commercial bank, the principal and interest of which shall be refunded
to the subjects when they return home, or which shall be remitted into the
State Treasury in Chapter 160, Series 10, Clause 10, Item 62 of the State
Budget Contents if such subjects do not return home or fail to return on time.
In cases where the trainees do not have the collateral amount as prescribed,
there must be the guarantee from their families or relatives.
2. Agencies and organizations with subjects
liable to the training fund repayment shall have to issue decisions on
repayment, calculate repayment levels and urge the repayment as prescribed.
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If the collateral amount is larger than the
repayment amount, the depositor shall receive back the difference from the
agencies which sent them for study. If the collateral amount is lower than the
repayment amount, the person sent abroad for study shall have to pay the
deficit to the agencies which sent them for study for remittance into the State
Treasury.
4. For subjects who do not return home or apply
for exit to permanently reside overseas, if after getting the repayment
decisions from the sending agencies or units, they do not voluntarily make the
repayment, the agencies or units managing such subjects shall have to
coordinate with the Ministry for Foreign Affairs and the Ministry of Public
Security, within their respective functions, in taking measures to temporarily
hold or recover their passports, ensuring the full, serious and fair repayment.
The Ministry for Foreign Affairs and the
Ministry of Public Security shall consider and settle other benefits for
individuals staying overseas only after they fulfill their obligations towards
the State under the Government’s Decree No. 05/2000/ND-CP of March 3, 2000 on
exit and entry by Vietnamese citizens and the Prime Minister’s Decision No.
957/1997/QD-TTg of November 11, 1997 on improving a number of exit procedures
and resolving matters relating to Vietnamese people who have gone abroad but do
not return home as scheduled.
5. Subjects liable to repay the training fund
shall base themselves on the repayment notices sent them by competent agencies
to personally pay the compensation amount into the State Treasury. Basing
itself on the State Treasury’s collecting receipts, the Police offices shall
carry out the procedures for exit or household membership registration; those
who deliberately refuse to make the repayment shall be handled according to law
provisions.
III.
IMPLEMENTATION ORGANIZATION
The sending agencies with subjects liable to
repay the training expenses shall have to make reports on the repayable amounts
and number of the violating subjects and send them together with annual final
settlement reports to the Ministry of Education and Training and the Ministry
of Finance according to current financial management regime.
This Circular takes effect 15 days after its
signing and applies also to those who have been sent for overseas training but
not yet returned home though the dates for their return have expired. The
expiry date shall be counted from the effective date of this Circular.
Any problems arising in the course of
implementation should be reported to the two ministries for study and
settlement.-
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FOR THE MINISTER OF EDUCATION AND TRAINING
VICE MINISTER
Le Vu Hung