Circular No. 30/2018/TT-BGDDT dated December 24, 2018 of the Ministry of Education and Training on promulgating the Regulation on management of foreign students in Vietnam

CIRCULAR

Promulgating the Regulation on management of foreign students in Vietnam^[1]

Pursuant to June 14, 2005 Law No. 38/2005/QH11 on Education; and November 25, 2009 Law No. 44/2009/QH12 Amending and Supplementing a Number of Articles of the Law on Education;

Pursuant to June 18, 2012 Law No. 08/2012/QH13 on Higher Education;

Pursuant to the Government’s Decree No. 69/2017/ND-CP of May 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

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

The Minister of Education and Training promulgates the Circular promulgating the Regulation on management of foreign students in Vietnam.

Article 1.To promulgate together with this Circular the Regulation on management of foreign students in Vietnam.

Article 2.This Circular takes effect on February 8, 2019. This Circular replaces the Minister of Education and Training’s Circular No. 03/2014/TT-BGDDT of February 25, 2014, promulgating the Regulation on management of foreign students in Vietnam.

Article 3.The Chief of the Office, the Director of the International Cooperation Department, and heads of related units of the Ministry of Education and Training; heads of educational institutions; directors of provincial-level Departments of Education and Training; and related organizations and individuals shall implement this Circular.

For the Minister of Education and Training
Deputy Minister
NGUYEN VAN PHUC

REGULATION ON MANAGEMENT OF FOREIGN STUDENTS IN VIETNAM

(Promulgated together with the Minister of Education and Training’s Circular No. 30/2018/TT-BGDDT of December 24, 2018)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Regulation prescribes the management of foreign students in Vietnam, covering conditions for enrolment, and training and management, of foreign students; and benefits and responsibilities of foreign students.

2. This Regulation applies to foreign students at educational institutions within the national education system of Vietnam, including students of primary schools, lower secondary schools, upper secondary schools, and intermediate schools of pedagogy; students of colleges of pedagogy and universities; students of master training programs; doctorate students; trainees of refresher courses; interns (below collectively referred to as foreign students), and related organizations and individuals.

Article 2.Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Foreign students covered by treaty are foreigners who are enrolled to study in Vietnam and receive scholarships from the Vietnamese Government under a treaty to which Vietnam is a contracting party.

2. Foreign students not covered by treaty are those who are enrolled to study in Vietnam under training agreements or contracts between Vietnamese educational institutions and foreign students or organizations or individuals that grant scholarships to foreign students.

3. Educational institutions enrolling foreign students include general education institutions, intermediate schools of pedagogy, colleges of pedagogy, and higher education institutions.

4. Foreign student-serving establishments means boarding establishments that are permitted to provide lodging for foreign students during their study in Vietnam.

Article 3.Languages used in teaching and study

1. Vietnamese is the official language used in national educational institutions of Vietnam.

2. Foreign students may use in their study, research and internship activities other languages which their educational institutions are permitted to use in training.

Chapter II

CONDITIONS FOR ENROLMENT, AND TRAINING AND MANAGEMENT, OF FOREIGN STUDENTS

Article 4.Conditions on education and specialization

1. Foreign students shall be enrolled in primary schools, lower secondary schools or upper secondary schools in accordance with the Charter of primary schools, lower secondary or upper secondary schools.

2. In order to attend intermediate pedagogy or collegial pedagogy training, university, master or doctorate programs, foreign students must possess graduation diplomas at least equal to Vietnamese graduation diplomas as required by Vietnam’s law or the treaty to which Vietnam and the country sending them for training are contracting members for each educational or training level.

3. In order to attend refresher courses for improvement of professional qualifications, foreign students must satisfy the conditions and criteria agreed upon between Vietnam and the country sending them for training or under the signed training contract.

4. Foreign students who come to work as interns must satisfy the conditions on education or specialization set by educational institutions accepting them as interns.

5. Foreign students who wish to study aptitude-based majors (culture, arts, fine arts, architecture, or physical training and sports) must, in addition to the conditions prescribed in this Article, pass aptitude tests as required by enrolling educational institutions.

6. In order to attend master or doctorate programs, foreign students shall attend training courses organized by enrolling educational institutions to supplement their specialized knowledge (when necessary)  for one academic year at most after they satisfy the Vietnamese language proficiency requirement.

Article 5.Conditions on health and age

1. Foreign students must be physically fit to study in Vietnam. After arriving in Vietnam, foreign students must undergo medical checkups at health establishments designated by enrolling educational institutions or foreign student-serving establishments of Vietnam. A foreign student who suffers a dangerous contagious disease as prescribed by Vietnam’s law or is physically unfit for study shall return to his/her
home country.

2. The age condition for foreign students covered by treaty must comply with the treaty to which Vietnam is a contracting party. No age restriction is imposed on foreign students not covered by treaty.

Article 6.Conditions on language

1. Foreign students who have completed general education, intermediate training, collegial or tertiary training or a master or doctorate course conducted in Vietnamese or acquire Vietnamese language skills equivalent to level B2 (level 4/6) of the Vietnamese language proficiency framework prescribed in the Minister of Education and Training’s Circular No. 17/2015/TT-BGDDT of September 1, 2015, promulgating the Vietnamese language proficiency framework for foreigners, shall be exempted from the requirement on Vietnamese language proficiency.

2. Foreign students who register to use another language in their study, research and internship activities which their enrolling educational institutions are permitted to use in training must satisfy the proficiency requirement for such language according to each program’s specific regulations. Foreign students who are native speakers (of the language allowed to be used in study, research and internship) or have completed general education, intermediate, collegial or tertiary training or a master or doctorate program in such language shall be exempted from the foreign language requirement.

3. Foreign students who have not yet acquired sufficient Vietnamese language skills to attend official programs taught in Vietnamese shall take a pre-enrolment Vietnamese-language course.

a/ The Ministry of Education and Training shall assign foreign students covered by treaty to educational institutions providing pre-enrolment Vietnamese-language courses. Educational institutions enrolling foreign students not covered by treaty shall organize pre-enrolment Vietnamese-language courses or send them to educational institutions providing pre-enrolment Vietnamese-language courses;

b/ The period of a pre-enrolment Vietnamese language course for foreign students covered by treaty must comply with the treaty to which Vietnam is a contracting party; for foreign students not covered by treaty, such training period must comply with training agreements or contracts signed with Vietnamese educational institutions;

c/ After completing a pre-enrolment Vietnamese-language course, foreign students shall take a test in Vietnamese language skills; if having satisfied the set requirement, they shall be enrolled in an official training program; otherwise, they shall attend another Vietnamese-language course and take another test until they satisfy the set requirement and obtain a certificate in order to be enrolled in an official training program.

Article 7.Optional subjects for foreign students

1. Foreign students studying at an intermediate school of pedagogy, a college of pedagogy, a university, a master or doctorate program shall be exempted from meeting the foreign language standards required of Vietnamese citizens following the same training program conducted in Vietnamese.

In the course of training, heads of educational institutions shall consider organizing the teaching of advanced Vietnamese instead of teaching foreign languages for foreign students.

2. Foreign students attending intermediate or collegial pedagogical training or university programs shall be exempted from the subject of defense-security education and may select one of alternative subjects including advanced Vietnamese, Vietnamese culture, history of Vietnam or another optional subject as decided by heads of educational institutions depending on their institutions’ practical conditions.

3. Clause 2 of this Article does not apply to foreign students who study national defense-security majors.

Article 8.Study duration and changes during study

1. Study duration to obtain degrees, diplomas or certificates

a/ The study duration at all educational and training levels must comply with the Law on Education, Law on Higher Education and relevant legal documents;

b/ The duration of refresher courses for improvement of professional qualifications and the duration of internship must comply with agreements between Vietnam and countries sending foreign students.

2. Adjustment of the study duration

a/ Foreign students may shorten their training duration but shall complete all contents of training programs under current regulations;

b/ Foreign students covered by treaty who need to prolong their study or research duration for completing training programs, including the time of pre-enrolment Vietnamese-language training, shall obtain the approval of the body sending them for training and written consent of the heads of the educational institutions where they study;

c/ For foreign students not covered by treaty, the prolongation of their study duration must comply with training agreements or contracts with educational institutions where they study.

3. Suspension of study

a/ During their study, foreign students covered by treaty may suspend their study for 12 months at most provided they can give plausible reasons accepted by the body sending them for training and such suspension is approved in writing by the educational institutions where they study;

b/ The duration of study suspension for foreign students not covered by treaty must comply with training agreements or contracts with their educational institutions.

4. Change of study majors or educational institutions

a/ Foreign students covered by treaty may change their majors or educational institutions only when such change is approved by the body sending them for training and decided by the educational institutions where they study (in case of change of educational institutions, written approvals of the educational institution where they study and the new educational institution are required). The change of majors or educational institutions may be done only once and is applicable only to foreign students of collegial or higher level;

b/ The change of majors or educational institutions by foreign students not covered by treaty must comply with training agreements or contracts with their educational institutions.

Article 9.Training expenses

1. For foreign students covered by treaty

a/ Entitlements, benefits and training expenses must comply with current regulations of the Ministry of Finance and treaties to which Vietnam is a contracting party;

b/ Those who have to prolong their study duration to complete training programs due to change of majors or educational institutions or due to their poor study results may not enjoy the current entitlements and benefits during the prolonged duration. All expenses arising from the study duration prolongation shall be paid by the body sending foreign students for training and foreign students themselves, except those students particularly specified in the treaty to which Vietnam is a contracting party;

c/ Those who suspend their study may not enjoy the current entitlements during the suspension duration. After the end of the duration of study suspension, those who fully satisfy the set conditions and are permitted to continue their study at their educational institutions may continue enjoying such entitlements. The aggregate duration in which foreign students are provided with training funds must not exceed the study duration stated in the initial decision.

2. For foreign students not covered by treaty

Training expenses must comply with training agreements or contracts signed between scholarship-granting organizations or individuals and educational institutions or between foreign students and educational institutions. Foreign students shall bear other expenses arising during their study in Vietnam.

Article 10.E-database for management of foreign students and reporting regime

1. Educational institutions shall fully and accurately update information about foreign students to the e-database for management of foreign students at http://lhsnn.vied.vn within 30 days after their arrival in Vietnam, and update information on an annual basis or upon occurrence of changes.

2. Educational institutions shall send reports on the enrolment, training and study results of foreign students (made according to the forms in the Appendix to this Circular) to the Ministry of Education and Training (the International Cooperation Department) before December 31 every year (written reports shall be sent by post and files shall be sent to http://lhsnn.vied.vn,the report section in the e-database for management of foreign students).

Chapter III

BENEFITS AND RESPONSIBILITIES OF FOREIGN STUDENTS

Article 11.Benefits of foreign students

1. To have students’ benefits guaranteed under regulations.

2. To be provided with adequate information to serve their study as suitable to the conditions of educational institutions and foreign student-serving establishments;

3. To have access to equipment and facilities to serve their study, cultural, and physical training and sports activities at educational institutions and foreign student-serving establishments.

4. To participate in cultural, artistic, and physical training and sports activities organized for students by educational institutions and foreign student-serving establishments.

5. To participate in scientific research activities organized by educational institutions like Vietnamese citizens.

6. To take exams and tests, defend graduation dissertations and theses, and receive graduation certificates or diplomas.

7. To return to their home countries for summer vacations and holidays; to invite their relatives to visit them under Vietnam’s regulations; to take annual leave or sickness leave or leave for medical treatment after obtaining consent of educational institutions.

8. Foreign students covered by treaty may enjoy entitlements under Vietnam’s current regulations and treaties to which Vietnam is a contracting party.

9. Foreign students of the same country, studying at the same educational institution or living in the same dormitory may appoint their representatives to manage all of their activities and to act as liaison people with educational institutions or foreign student-serving establishments in order to deal with matters related to foreign students.

Article 12.Responsibilities of foreign students

1. To abide by the laws of the Socialist Republic of Vietnam.

2. To respect Vietnam’s customs and traditions.

3. To observe the Regulation on management of foreign students in Vietnam, training regulations or charters of schools of corresponding education grades or training levels promulgated by Vietnam’s Ministry of Education and Training; and regulations and rules on study and daily-life activities issued by educational institutions or foreign student-serving establishments.

4. To strictly observe regulations and purpose of entry into Vietnam for study.

5. To maintain friendly relations with Vietnamese citizens as well as with students from other countries.

6. To preserve and protect assets of educational institutions and foreign student-serving establishments.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 13.Commendation, and handling of violations of foreign students

1. Foreign students who record outstanding achievements in study, research and friendship activities may be commended in accordance with Vietnam’s law on emulation and commendation.

2. Foreign students who breach discipline shall, depending on the severity of their breaches, be handled in the following forms:

a/ Reprimand;

b/ Caution;

c/ Termination of study and repatriation;

d/ Being handled by competent agencies in accordance with Vietnam’s law.

3. The forms of discipline specified at Points a and b, Clause 2 of this Article shall be decided by heads of educational institutions and foreign student-serving establishments. The forms of discipline specified at Points c and d, Clause 2 of this Article shall be decided by heads of educational institutions or foreign student-serving establishments, or decided after consulting the bodies sending foreign students for training or, for foreign students not covered by treaty, scholarship-awarding institutions or sponsors or, for foreign students covered by treaty, be reported to the Ministry of Education and Training for decision.

Article 14.Commendation, and handling of violations for educational institutions and foreign student-serving establishments

1. Organizations and individuals that record outstanding achievements in training, managing and serving foreign students shall be commended in accordance with the law on emulation and commendation.

2. Organizations and individuals that commit violations of this Regulation and other relevant regulations shall, depending on the severity of their violations, be handled in accordance with law.

Article 15.Responsibilities of educational institutions enrolling foreign students and foreign student-serving establishments

1. Educational institutions enrolling foreign students and foreign student-serving establishments shall manage foreign students throughout their stay in Vietnam; and coordinate with competent agencies in settling matters related to foreign students during their stay in Vietnam.

2. Responsibilities of educational institutions enrolling foreign students for pre-enrolment Vietnamese-language training

a/ To issue decisions on admission of foreign students for pre-enrolment Vietnamese-language training;

b/ To develop programs, plans and materials for teaching Vietnamese conversation skills and Vietnamese for different groups of training majors and levels and categories of foreign students;

c/ To organize tests of Vietnamese language skills for foreign students, and grant certificates to foreign students who have satisfied the requirement on Vietnamese language skills which is at least equivalent to level B2 (level 4/6) of the Vietnamese language proficiency framework prescribed in the Minister of Education and Training’s Circular No. 17/2015/TT-BGDDT of September 1, 2015, promulgating the Vietnamese language proficiency framework for foreigners;

d/ To closely work with related educational institutions in transferring foreign students who have completed programs on pre-enrolment Vietnamese-language training to official training programs;

dd/ To report to the Ministry of Education and Training on the transfer, and study and internship results of foreign students right after foreign students complete study programs on pre-enrolment Vietnamese-language training under Article 10 of this Regulation.

3. Responsibilities of educational institutions enrolling foreign students covered by treaty to official training programs

a/ To issue decisions on enrolment of foreign students in official training programs;

b/ To ensure training programs, plans, contents and quality; to arrange classrooms and tutors; to monitor and manage study and research activities; to grant graduation diplomas or certificates according to their competence; to propose the Ministry of Education and Training to adjust general regulations on training programs for foreign students in case of necessity;

c/ To coordinate with educational institutions which provide pre-enrolment Vietnamese-language training for foreign students and educational institutions designated by the Ministry of Education and Training in organizing tests of Vietnamese language skills for foreign students before enrolling them in official training courses when necessary;

d/ To issue decisions on change of educational institutions or majors, prolongation of the study duration, and suspension of study for foreign students under Article 8 of this Regulation;

dd/ To report on the study process and study and internship results of foreign students at the end of each academic year and the whole training course to the Ministry of Education and Training under Article 10 of this Regulation.

4. Responsibilities of educational institutions enrolling foreign students not covered by treaty

a/ To provide training for foreign students not covered by treaty only in majors in which they are permitted to provide training;

b/ To sign training agreements or contracts with organizations and individuals that grant scholarships to foreign students, lawful representatives of foreign students or foreign students themselves;

c/ To issue enrolment decisions; to coordinate with competent agencies in settling matters related to enrolment of foreign students not covered by treaty;

d/ To perform responsibilities related to education and training under signed training agreements or contracts;

dd/ To manage the collection and spending of tuition fees paid by foreign students according to the current financial regime;

e/ To send foreign students not covered by treaty (when necessary) to educational institutions where Vietnamese is taught under pre-enrolment training programs for foreign students according to agreements or contracts directly signed with such institutions;

g/ To report on enrolment results and study and internship results of foreign students to the Ministry of Education and Training under Article 10 of this Regulation.

5. Responsibilities of foreign student-serving establishments

a/ To be responsible for the material life and daily-life activities of foreign students under their management;

b/ To coordinate with related units in settling policies and regimes of the Vietnamese State toward foreign students and send periodical reports on the situation of foreign students to managing agencies for summarization and reporting to the Ministry of Education and Training.

Article 16.Responsibilities of education and training institutions

1. To coordinate with related management agencies in managing foreign students in localities in accordance with Vietnam’s law.

2. To send reports on the situation of foreign students at educational institutions in localities under and within the scope of their management, made according to the forms in the Appendix to this Regulation, to the Ministry of Education and Training before December 31 every year.

Article 17.Responsibilities of units under the Ministry of Education and Training

1. The International Cooperation Department shall:

a/ Receive dossiers of foreign students and assign educational institutions and foreign student-serving establishments to enroll and manage foreign students under treaties to which Vietnam is a contracting party;

b/ Coordinate with Vietnam-based representative missions of other countries and overseas Vietnamese representative missions in enrolling and managing foreign students;

c/ Examine and supervise the enrolment, training and management of foreign students by educational institutions and foreign student-serving establishments for summarization and reporting of the situation of foreign students in Vietnam.

2. The departments, Inspectorate and Office of the Ministry of Education and Training shall coordinate with the International Cooperation Department in settling issues related to foreign students in Vietnam according to their assigned functions and tasks.-

For the Minister of Education and Training
Deputy Minister
NGUYEN VAN PHUC

* The Appendix to this Circular is not translated.