Decree No. 165/2004/ND-CP dated September 16, 2004 of the Government detailing the implementation of a number of articles of the Education Law on management of international cooperation in the field of education

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE EDUCATION LAW ON MANAGEMENT OF INTERNATIONAL COOPERATION IN THE FIELD OF EDUCATION

THE GOVERNMENT

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

Pursuant to the December 2, 1998 Education Law;

At the proposals of the Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope and subjects

1. This Decree details the implementation of a number of articles of the Education Law on international cooperation in the field of education.

2. This Decree shall apply to activities of international cooperation in the field of education between ministries, ministerial-level agencies, agencies attached to the Government, provincial/municipal People's Committees, socio-political organizations, schools as well as educational establishments (hereinafter called Vietnamese agencies and/or organizations for short) and foreign countries, international organizations, international schools as well as educational establishments, foreigners and overseas Vietnamese (hereinafter called foreign parties for short).

3. The performance of international cooperation in the field of education must comply with the provisions of the Government's Decree No. 06/2000/ND-CP of March 6, 2000 on investment cooperation with foreign parties in the fields of medical examination and treatment, education and training and scientific research and the Government's Decree No. 18/2001/ND-CP of May 4, 2001 on the setting up and operation of Vietnam-based foreign cultural or educational establishments.

Article 2.- Principles for international cooperation in the field of education

1. International cooperation in the field of education shall be carried out on the principles of respect for law, customs and traditions of each country, and assurance of its efficiency, practicality, as well as conformity with Vietnam's education development strategy and the provisions of Article 94 of the Education Law.

2. International cooperation in the field of education must be carried out on the basis of programs and/or projects concluded in writing between Vietnamese agencies or organizations and foreign parties.

Chapter II

FORMS AND CONTENTS OF INTERNATIONAL COOPERATION IN THE FIELD OF EDUCATION

Article 3.- Forms of international cooperation in the field of education

Forms of international cooperation in the field of education prescribed in this Decree include:

1. Programs or projects on cooperation with foreign parties, which are funded with official development assistance (ODA) capital or foreign non-governmental aids;

2. Exchange of information and experiences in the field of education;

3. International conferences, seminars or meetings on education at home or abroad.

Article 4.- Cooperation in the training of administrators and teachers as well as the applied research into teaching equipment, facilities and materials

The cooperation in training of the contingent of administrators and teachers in Vietnam or overseas as well as in applied research into the production and upgrading of teaching equipment, facilities and materials used in schools and educational establishments shall be carried out under programs and/or projects put forth by foreign parties or Vietnamese agencies or organizations.

Article 5.- Vietnam-based international schools

Vietnam-based international schools shall admit foreigners for study and training. Vietnamese citizens, who meet all conditions prescribed by such international schools, may be admitted for general education, vocational intermediate, collegial, university and /or post graduate levels.

Article 6.- Foreign educational specialists

1. Foreigners and overseas Vietnamese entering Vietnam to work in the field of education under already concluded programs and/or projects (hereinafter referred collectively to as foreign specialists) include:

a/ Foreign specialists entering Vietnam to implement programs and/or projects on cooperation in the field of education;

b/ Foreign specialists entering for lecture and/or scientific research at schools, scientific research organizations or educational establishments.

2. The reception and management of foreign specialists coming to work, lecture and conduct scientific research shall comply with current regulations.

Article 7.- Foreign students in Vietnam

Foreigners and overseas Vietnamese studying in Vietnam (hereinafter referred collectively to as foreign students) include:

1. Foreign students entering Vietnam to study, practice or conduct scientific research under agreements of the Government, ministries or branches with foreign parties.

2. Foreign students coming to Vietnam to study, practice or conduct scientific research under agreements or contracts personally signed with schools or educational establishments in Vietnam.

The reception and management of foreign students studying in Vietnam shall comply with the regulations of the Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs.

Article 8.- Vietnamese educational specialists

Vietnamese agencies or organizations are encouraged to cooperate with foreign countries and international organizations on sending Vietnamese educational specialists and scientists abroad to work. The selection of, and regime towards, Vietnamese educational specialists and scientists sent abroad to work for given periods of time shall comply with the provisions of Vietnam's legislation on sending Vietnamese specialists abroad to work for given periods of time and the agreements signed between Vietnamese agencies or organizations and foreign parties.

Article 9.- Acceptance and application of foreign educational technologies in Vietnam

1. The Ministry of Education and Training shall stipulate the permission for acceptance and use of foreign educational technologies in Vietnam's educational establishments of pre-school, general education, vocational intermediate, collegial, university and post-graduate levels.

2. The Ministry of Labor, War Invalids and Social Affairs shall provide for the acceptance and application of foreign educational technologies in Vietnam's job-training establishments.

Article 10.- Reception and donation of equipment and facilities, materials, books and newspapers in service of education and training

The reception and donation of equipment, facilities, materials, textbooks and scientific and technical books and newspapers in service of education and training, aiming to consolidate material foundations, laboratories and libraries for education in Vietnam and foreign countries, shall comply with Vietnam's current regulations on reception of foreign aids as well as importation and exportation.

Article 11.- Advertisement and exhibition on education

1. Vietnamese agencies or organizations may cooperate with foreign parties in organizing exhibitions on Vietnamese education in foreign countries according to the provisions of Vietnam's laws and host countries' laws.

2. Foreign parties may cooperate with Vietnamese agencies or organizations in advertising and organizing exhibitions on foreign education in Vietnam according to the provisions of Vietnam's laws.

Article 12.- Import and export of equipment, teaching materials and scientific and technical books and newspapers

Vietnamese agencies or organizations may import and/or export equipment, facilities, teaching devices and materials (books, documents, films, photos), textbooks and scientific and technical books and newspapers in service of education and training according to the regulations on import and export of Vietnam and foreign parties.

Chapter III

FORMULATION, APPRAISAL, APPROVAL AND IMPLEMENTATION OF PROGRAMS AND/OR PROJECTS ON INTERNATIONAL COOPERATION IN THE FIELD OF EDUCATION

Article 13.- Formulation of cooperation programs and/or projects

1. Vietnamese agencies or organizations having the demand for international cooperation in education, after having foreign partners, must coordinate with the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs in forming cooperation contents and forms as prescribed in Chapter II of this Decree.

2. Vietnamese agencies or organizations having the demands for international cooperation in education, which have not yet had foreign parties, may request the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs to support them in seeking foreign partners.

Article 14.- Procedures for appraisal and approval of programs and projects on international cooperation in the field of education

1. The appraisal and approval of programs and projects on international cooperation in the field of education, funded with official development assistance (ODA) capital or foreign non-governmental aids, must comply with the orders and procedures prescribed in the Regulation on management and use of official development assistance (ODA) sources, issued together with the Government's Decree No. 17/2001/ND-CP of May 4, 2001 or the Regulation on management and use of foreign non-governmental aids, issued together with the Prime Minister's Decision No. 64/2001/QD-TTg of April 26, 2001 and guiding documents.

2. Before carrying out the appraisal and approval of programs and projects on international cooperation in the field of education prescribed in Clause 1 of this Article, the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall have to give their comments on such cooperation programs' and/or projects' professional contents falling into the fields under their management.

Article 15.- Amendment, supplementation and extension of programs and/or projects on international cooperation

The amendment, supplementation and extension of programs and/or projects on international cooperation in the field of education of Vietnamese agencies or organizations shall comply with Article 14 of this Decree.

Article 16.- Reporting on the implementation results of cooperation programs and projects

1. Biannually and annually, Vietnamese agencies and/or organizations shall send reports on the implementation of programs and/or projects on international cooperation in the field of education and the tentative plans on the implementation of cooperation programs and/or projects in the coming period to the Ministry of Education and Training or the Ministry of Labor, War Invalids and Social Affairs and concerned agencies according to current regulations.

2. The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall have to sum up and evaluate the implementation results of programs and projects on international cooperation in the field of education and annually report thereon to the Government.

Chapter IV

STATE MANAGEMENT OVER INTERNATIONAL COOPERATION IN THE FIELD OF EDUCATION

Article 17.- State management over international cooperation in the field of education

The Government shall perform the uniform State management over international cooperation in the field of education, including:

1. Promulgating legal documents on State management over international cooperation in the field of education;

2. Deciding on the strategies and orientations for international cooperation in the field of education;

3. Directing the negotiation, conclusion and implementation of programs and/or projects on international cooperation in the field of education;

4. Directing the inspection and examination of the implementation of programs and/or projects on international cooperation in the field of education.

Article 18.- Responsibilities of the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs

The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall have to assist the Government in uniformly managing activities of international cooperation in the field of education according to their assigned functions and have the following tasks and powers:

1. Acting as coordinators in international relations and cooperation in the field of education;

2. Formulating and submitting to the Government for promulgation or promulgating according their competence legal documents on international cooperation in the field of education;

3. Formulating long-term and annual plans on international cooperation in the field of education for submission to the Prime Minister for consideration and decision;

4. Guiding and directing Vietnamese agencies and/or organizations in formulating programs and projects on international cooperation in the field of education;

5. Mobilizing financial aids for programs and projects on international cooperation in the field of education;

6. Synthesizing and coordinating activities of international cooperation in the field of education;

7. Negotiating and signing agreements on international cooperation in the field of education and signing according to their competence international treaties on mutual recognition of diplomas with other countries and international organizations;

8. Organizing examination and inspection of the implementation of this Decree and handling according to their competence or proposing the competent State agencies to handle violations of the provisions of this Decree;

9. Summing up and reporting to the Prime Minister on the implementation of activities of international cooperation in the field of education.

Article 19.- Responsibilities of ministries, ministerial-level agencies, agencies attached to the Government and the provincial/municipal People's Committees

The ministries, ministerial-level agencies, agencies attached to the Government and the provincial/municipal People's Committees shall have:

1. To coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in directing their attached schools and educational establishments to enter into international cooperation in the field of education according to the provisions of this Decree.

2. To decide according to their competence the contents of international cooperation in the field of education of their attached schools or educational establishments and notify thereof to the Ministry of Education and Training and/or the Ministry of Labor, War Invalids and Social Affairs for the latter to sum up and report such to the Prime Minister.

Article 20.- Responsibilities of Vietnamese agencies and organizations for international cooperation in the field of education

1. To select cooperation partners as well as cooperation form and contents, to efficiently implement already concluded programs and projects on international cooperation in the field of education and ensure the strict observance of cooperation principles prescribed in Article 2 of this Decree.

2. To make periodical reports as prescribed in Clause 1, Article 16 of this Decree.

Chapter V

COMMENDATION, REWARD AND HANDLING OF VIOLATIONS

Article 21.- Commendation and/or reward

Organizations and individuals that record outstanding achievements, contributing to the development of international cooperation in the field of education shall be considered for commendation and/or reward according to law provisions.

Article 22.- Handling of violation

Organizations and individuals that violate the provisions of this Decree shall be handled according to law provisions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 23.- This Decree takes effect 15 days after its publication in the Official Gazette. All previous regulations contrary to this Decree are hereby annulled.

The Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall have to guide and inspect the implementation of this Decree.

Article 24.- The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government, the presidents of the provincial/municipal People's Committees shall have to implement this Decree.