Decision No. 05/2013/QD-TTg dated January 15, 2013 of the Prime Minister on Vietnamese citizens studying abroad

THE PRIME MINISTER

Decision No. 05/2013/QD-TTg of January 15, 2013, on Vietnamese citizens studying abroad

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Education Law; the November 25, 2009 Law Amending and Supplementing a Number of Articles of the Education Law;

Pursuant to the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding a number of articles of the Education Law; the Government’s Decree No. 31/2011/ND-CP of May 11, 2011, amending and supplementing a number of articles of the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding a number of articles of the Education Law;

At the proposal of the Minister of Education and Training,

The Prime Minister promulgates the Decision on Vietnamese citizens studying abroad.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides the management of Vietnamese citizens studying abroad, the management of overseas study counseling services, commendation and handling of violations for overseas students and organizations sending Vietnamese citizens abroad for study or providing overseas study counseling services.

Article 2. Subjects of application

This Decision applies to the following organizations and individuals:

1. Vietnamese citizens studying abroad for 6 consecutive months or longer.

2. Organizations sending Vietnamese citizens abroad for study or providing overseas study counseling services.

3. Vietnamese agencies and organizations at home and abroad responsible for managing Vietnamese citizens studying abroad.

Article 3. Interpretation of terms

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

1. Vietnamese citizens studying abroad include pupils, students, learners, postgraduates, interns and persons attending training or retraining courses for 6 consecutive months or longer (below referred to as overseas students).

2. Scholarship overseas student is a person who studies abroad and receives all or part of training, travel and living expenses and other study-related expenses from one or more funding sources below:

a/ State budget through ministries, sectors, provincial-level People’s Committees and state agencies and enterprises;

b/ Scholarships under cooperation agreements between Vietnam and other countries or international organizations;

c/ Scholarships funded by foreign governments, territories, international organizations, non-governmental organizations or individuals through the Vietnamese Government.

3. Self-financed overseas student is a person who studies abroad with funds not coming from the sources specified in Clause 2 of this Article.

4. Overseas study counseling services include introduction and counseling on schools and courses abroad; organization of advertising, conferences, seminars, fairs and exhibitions on overseas study; organization of enrollment  of students for study abroad; organization of training in foreign languages and cultures and other necessary skills for Vietnamese citizens to study abroad; sending of people abroad for study, organization of study tours to overseas training institutions for parents or guardians before they make decision on overseas study; sending of learners to foreign training institutions which accept these learners; monitoring of and support for overseas students during their study abroad and other activities related to the sending of Vietnamese citizens abroad for study.

Chapter II

MANAGEMENT OF VIETNAMESE CITIZENS STUDYING ABROAD

Article 4. Enrollment and sending of Vietnamese citizens abroad for study

1. The Ministry of Education and Training shall enroll and send Vietnamese citizens abroad for study with the following funding sources:

a/ State budget-funded scholarships under plans and projects approved by the Government and the Prime Minister;

b/ Scholarships under cooperation agreements between Vietnam and foreign countries or international organizations;

c/ Scholarships funded by foreign governments, territories, international organizations, non-governmental organizations or individuals through the Vietnamese Government.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall enroll and send Vietnamese citizens abroad for study with state budget funds after reaching agreement with the Ministry of Education and Training on the number of learners, training levels and disciplines.

3. Agencies or organizations sending Vietnamese citizens abroad for study and overseas study counseling service providers sending self-financed students abroad for study shall send, or provide overseas study counseling services and send, Vietnamese citizens abroad for study under written agreements with learners and make reports in accordance with Article 5 of this Decree.

Article 5. Reporting regulations

1. Before January 15 every year, the organizations specified in Clauses 2 and 3, Article 4 of this Decision shall send a report on enrollment and sending of Vietnamese citizens abroad for study to the Ministry of Education and Training; providers of overseas study counseling services shall send an operation report to provincial-level Education and Training Departments of the localities in which they are headquartered and concurrently to the Ministry of Education and Training for monitoring, management, information summary and reporting to the Prime Minister.

2. Before February 15 every year, the Ministry of Education and Training shall send a report on Vietnamese citizens studying abroad to the Prime Minister.

Article 6. E-database system for management of overseas students and registration of overseas student information

1. The e-database system for management of overseas students shall be formed and managed by the Ministry of Education and Training.

2. The agencies, organizations and individuals specified in Article 2 of this Decision shall provide information for the e-database system for management of overseas students.

3. Vietnamese citizens studying abroad shall register their information in the e-database system for management of overseas students right after arriving in foreign countries and update such information into the system upon changes.

4. The Ministry of Education and Training shall consider the recognition of equivalence of diplomas granted by foreign educational institutions based on the information registered by Vietnamese citizens studying abroad in the e-database system for management of overseas students.

5. Domestic and overseas organizations responsible for managing Vietnamese students studying overseas, organizations or overseas study counseling service providers sending Vietnamese abroad for study shall urge overseas students under their management to register their information in the e-database system for management of overseas students.

Article 7.  Responsibilities of overseas Vietnamese representative agencies

Overseas Vietnamese representative agencies shall:

1. Support overseas students in citizen registration and protection and promptly settle matters related to their rights and responsibilities according to regulations.

2. Assist and encourage overseas students to study, raise their moral and political qualities, preserve and contribute to the development of friendly relations between Vietnam and other countries; disseminate, guide and examine overseas students in implementing the guidelines and policies of the Party and the State and this Decision; provide political and ideological education and ensure mass organization activities for overseas students under the guidance of Vietnamese political organizations and socio-political organizations.

3. Develop and expand educational cooperation with training institutions and authorities of host countries; seek and exploit scholarship sources for Vietnam; study education policies and systems of host countries to advise the Government and related agencies in developing Vietnamese education and sending students to study disciplines and fields at levels suitable to the training capacity of host countries and the human resource development demand of Vietnam.

4. Annually estimate and receive funds for overseas students (if any) and funds for affairs related to overseas students. Promptly grant, use and settle these funds to proper recipients according to regulations.

5. Open a section for affairs related to overseas students on their websites.

6. Before January 15 every year, report on affairs related to overseas students to the Ministry of Education and Training for summarization and reporting to the Prime Minister.

Article 8. Support fund for overseas students

1. The support fund for overseas students is a social fund formed and operating in accordance with the law on organization and operation of social and charity funds, which aims to support overseas students in their study and scientific research; encourage overseas students to participate in activities organized by the Ministry of Education and Training and overseas Vietnamese representative agencies; support overseas students in seeking opportunities to study at quality training institutions; and support the commendation and settlement of risks for overseas students.

2. The support fund for overseas students is formed from the following sources:

a/ Contributions of domestic and foreign organizations and individuals;

b/ Revenues from lawful activities;

c/ State budget supports for the performance of tasks assigned by competent state agencies;

d/ Other lawful revenues.

3.  The support fund for overseas students is managed by the Ministry of Education and Training, operates not for profit, is exempt from taxes, has independent accounting and legal entity status and may open bank accounts.

Chapter III

MANAGEMENT OF OVERSEAS STUDY COUNSELING SERVICES

Article 9. Providers of overseas study counseling services

Providers of overseas study counseling services include:

1. Enterprises established and operating under the Enterprise Law with the business line of overseas study counseling services.

2. Non-business organizations licensed by competent authorities to provide overseas study counseling services.

Article 10. Competence and conditions on grant of certificates of overseas study counseling service registration

1. Provincial-level Education and Training Departments shall grant certificates of overseas study counseling service registration to organizations registering overseas study counseling services.

2. A provider of overseas study counseling services is granted a certificate of overseas study counseling service registration when:

a/ It is established in accordance with law;

b/ It has a head office, physical foundations and equipment meeting the requirements for provision of overseas study counseling services;

c/ It has sufficient funding sources to assure settlement of risks; and deposits at least VND 500 (five hundred) million at a commercial bank;

d/ Its head and staff directly providing overseas study counseling hold a bachelor or high degree, are proficient in at least one foreign language and possess a certificate of overseas study counseling training granted by the Ministry of Education and Training.

3. A provider of overseas study counseling services may provide its services only after obtaining a certificate of overseas study counseling service registration.

4. Provincial-level Education and Training Departments shall send to the Ministry of Education and Training a list of overseas study counseling service providers having obtained a certificate of overseas study counseling service registration for the latter to publish on its website.

Article 11. Dossiers of application for certificates of overseas study counseling service registration

A dossier of application for a certificate of overseas study counseling service registration comprises:

1. An application for a certificate of overseas study counseling service registration, made according to a set form.

2. The overseas study counseling service provider’s operation plan certified by its representative at law, covering the following major contents: objectives and contents of operation; physical foundations; financial capability; qualifications and capacity of the head and staff directly providing overseas study counseling; capacity to exploit and develop overseas study services; justification of the organization’s operation capacity; implementation plan and measures; plans and process to provide overseas study counseling services; plans to settle risks.

3. A valid copy of the business registration certificate or establishment decision or investment license.

4. The resume of the head of the overseas study counseling service provider certified by a competent agency, made according to a set form.

5. A list of staff directly providing overseas study counseling with the following major details: full name, date of birth, gender, professional qualification, foreign language proficiency and post at the provider of overseas study counseling services.

6. Copies of certificates of overseas study counseling training of the head and staff directly providing overseas study counseling.

Article 12. Order and procedures for registration and grant of certificates of overseas study counseling service registration

1. An overseas study counseling service provider shall send a dossier of application for a certificate of overseas study counseling service registration prescribed in Article 11 of this Decision to the provincial-level Education and Training Department of the locality in which it is headquartered.

2. Within 25 working days after receiving a complete and valid dossier, the provincial-level Education and Training Department shall grant a certificate of overseas study counseling service registration, made according to a set form. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 13. Responsibilities of an overseas study counseling service provider

1. To operate within 60 days after obtaining a certificate of overseas study counseling service registration.

2. To take responsibility before law and publicly provide information on training institutions and the state of training quality accreditation and recognition by functional agencies of host countries for persons wishing to study abroad.

3. To proactively coordinate with related agencies in protecting the lawful and legitimate interests of persons studying abroad.

4. To sign contracts with persons wishing to study abroad or their fathers, mothers or lawful guardians under the principles of agreement and voluntariness, which specify benefits, responsibilities and commitments of each party.

5. To comply with reporting regulations guided by the Ministry of Education and Training.

Article 14. Suspension of overseas study counseling services

1. An overseas study counseling service provider shall be suspended from operation when:

a/ It has committed frauds to obtain its certificate of overseas study counseling service registration;

b/ It fails to assure one of the conditions specified in Clause 2, Article 10 of this Decision;

c/ It stops operation for 6 consecutive months after being licensed without notifying such to the agency that has granted its certificate of overseas study counseling service registration;

d/ It is subject to the administrative sanctioning of operation suspension for its violation of the education law.

dd/ It rents or lends its certificate of overseas study counseling service registration;

e/ It falls in other cases prescribed by law.

2. The decision to suspend operation of an overseas study counseling service provider must clearly specify the reason for and duration of suspension and measures to assure the interests of learners. This decision must be published on 3 consecutive issues of at least one newspaper of the locality in which the overseas study counseling service provider is headquartered and on the website of the Ministry of Education and Training.

3. An overseas study counseling service provider may resume operation when it fully satisfies the conditions for overseas study counseling operation. The decision to permit an overseas study counseling service provider to resume operation must be published on 3 consecutive issues of at least one newspaper of the locality in which the overseas study counseling service provider is headquartered and on the website of the Ministry of Education and Training.

Article 15. Revocation of certificates of overseas study counseling service registration

1. A certificate of overseas study counseling service registration is revoked when:

a/ The overseas study counseling service provider is dissolved in accordance with law;

b/ The overseas study counseling service provider still provides overseas study counseling services during its operation suspension time;

c/ The overseas study counseling service provider is suspended from operation for the third time within 5 years after obtaining its certificate of overseas study counseling service registration;

d/ Past the operation suspension time, the overseas study counseling service provider fails to satisfy the conditions for resuming operation;

dd/ Other cases prescribed by law.

2. The decision to revoke a certificate of overseas study counseling service registration must clearly specify the reason for revocation and measures to assure the interests of learners and employees. This decision must be published on 3 consecutive issues of at least one newspaper of the locality in which the overseas study counseling service provider is headquartered and on the website of the Ministry of Education and Training.

Article 16. Competence to suspend operation and revoke certificates of overseas study counseling service registration

1. Provincial-level Education and Training Departments may suspend operation and revoke certificates of overseas study counseling service registration.

2. When detecting violations of an overseas study counseling service provider, the Ministry of Education and Training shall request the concerned provincial-level Education and Training Department to suspend operation of that service provider or revoke its certificate of overseas study counseling service registration.

Article 17. Training in overseas study counseling

1. Heads and persons directly providing overseas study counseling must be trained in overseas study counseling.

2. The Ministry of Education and Training shall specifically prescribe programs, contents and forms of training, and tests, exams and grant of certificates of overseas study counseling training.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 18. Commendation of overseas students

1. Self-financed students studying at training institutions recognized or accredited by competent authorities of host countries who have registered their information in accordance with Clause 3, Article 6 of this Decision and record excellent study or research achievements may be considered for commendation by the Ministry of Education and Training. Funds for such commendation are taken from the support fund for overseas students.

2. Scholarship overseas students who have completed their learning programs with excellent results ahead of the time indicated in competent agencies’ decisions sending them to study abroad or have recorded excellent study or research achievements during their study abroad and enjoy tuition fee exemption or reduction or scholarships granted by foreign training institutions may be considered for commendation by the Ministry of Education and Training. Funds for such commendation are taken from the state budget.

3. Overseas students with excellent achievements in study, scientific research and friendship activities who strictly comply with the laws of Vietnam and host countries and are certified by overseas Vietnamese representative agencies may be considered for conferment of certificates of merit in accordance with the law on emulation and commendation.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training in, guiding the commendation regime for overseas students.

Article 19. Handling of violations of overseas students

1. Scholarship overseas students defined at Points a and b, Clause 2, Article 3 of this Decision who repeat or fail to complete the training program of a semester or school year as required by foreign training institutions or no longer enjoy foreign scholarships are not entitled to state-funded scholarships during the time they repeat their training programs or re-sit exams. The resumption of state scholarships may be decided by competent authorities specified in Clauses 1 and 2, Article 4 of this Decision after the overseas students achieve satisfactory results of the subjects they have to repeat or re-sit exams or continue enjoying foreign scholarships.

2. Scholarship overseas students shall refund their scholarships and training expenses when:

a/ They do not attend courses after having registered admission and received training expenses;

b/ They give up or stop their study during the time being sent for training without permission;

c/ They do not obtain diplomas or certificates of completion of their training courses, except in force majeure cases;

d/ They are expelled from school or deported home;

dd/ They quit their jobs when they have not worked for sufficient period as required by current regulations.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training in, guiding the refund of scholarships and training expenses for the cases specified in Clause 2 of this Article.

Article 20. Commendation and handling of violations for organizations sending Vietnamese citizens abroad for study, overseas study counseling service providers and organizations managing overseas students

1. Organizations sending Vietnamese citizens abroad for study, overseas study counseling service providers and organizations managing overseas students that gain achievements in the support and management of overseas students may be considered for commendation in accordance with the law on emulation and commendation.

2. Organizations sending Vietnamese citizens abroad for study, overseas study counseling service providers and organizations managing overseas students that violate this Decision and other laws shall be handled in accordance with law, depending on the severity of their violations.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 21. Responsibilities of ministries and sectors

1. The Ministry of Education and Training shall:

a/ Elaborate and propose competent agencies or promulgate according to its competence legal documents on Vietnamese citizens studying abroad;

b/ Comprehensively inspect and examine overseas study counseling service activities;

c/ Assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and related ministries and sectors in, organizing the management of overseas students.

2. The Ministry of Foreign Affairs shall direct overseas Vietnamese representative agencies in performing overseas student work in accordance with Article 7 of this Decision.

3. The Ministry of Finance shall balance funding sources for the implementation of plans on sending Vietnamese citizens abroad for study with state budget funds or under cooperation agreements between Vietnam and other countries or international organizations; coordinate with the Ministry of Education and Training in formulating policies and regimes to support Vietnamese students studying abroad with state budget funds.

Article 22. Responsibilities of provincial-level People’s Committees

1. To manage and send Vietnamese citizens abroad for study according to their competence.

2. To annually notify their demand for employing graduated overseas students to the Ministry of Education and Training for coordination in recommending jobs to returning overseas students.

Article 23. Implementation responsibilities

This Decision takes effect on March 10, 2013.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of overseas Vietnamese representative agencies and related organizations and persons shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG