Decree 86/2021/ND-CP on Vietnamese nationals going abroad for learning, teaching, scientific research, academic exchange

DECREE

Providing regulations on Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government, and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 14, 2019 Education Law;

Pursuant to the June 18, 2012 Law on Higher Education, and the November 19, 2018 Law Amending and Supplementing a Number of Articles of the Law on Higher Education;

Pursuant to the November 27, 2014 Law on Vocational Education;

Pursuant to the November 22, 2019 Law on Exit and Entry of Vietnamese Citizens;

Pursuant to the November 15, 2018 Law on Protection of State Secrets;

At the proposal of the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree providing regulations on Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange; and stipulates the rights and responsibilities of related agencies, organizations and individuals.

Article 2. Subjects of application

1. This Decree applies to:

a/ Vietnamese citizens being pupils, students, trainees, postgraduates, interns or learners who go abroad for study under training courses of 3 consecutive months or more (below collectively referred to as overseas students);

b/ Vietnamese citizens being teachers or lecturers of general education institutions, vocational education institutions or higher education institutions of the national education system who go abroad for teaching, scientific research or academic exchange;

c/ Organizations that provide overseas study counseling services;

d/ Agencies and organizations that send Vietnamese citizens abroad for study, teaching, scientific research or academic exchange;

dd/ Related agencies, organizations and individuals at home and abroad that are responsible for managing Vietnamese citizens going abroad for study, teaching, scientific research and academic exchange.

2. This Decree does not apply to Vietnamese citizens who go abroad to work under the Law on Vietnamese Guest Workers.

3. Vietnamese citizens who go abroad for study, teaching, scientific research or academic exchange under the management by the Ministry of National Defense or Ministry of Public Security shall comply with this Decree and meet requirements of the army and public security forces.

Article 3. Interpretation of terms

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

1. Overseas students receiving state budget-funded scholarships means Vietnamese citizens going abroad for study who are entitled to have the whole or part of their training costs, travel expenses, cost-of-living allowances and other expenses related to their study covered from one or more of the following funding sources:

a/ Scholarships funded by the state budget within the framework of cooperation agreements between the Vietnamese Government and foreign governments;

b/ Scholarships funded by the state budget through state agencies, state enterprises or public non-business units;

c/ Scholarships granted by foreign governments, official development assistance (ODA), governments of territories, international organizations, non-governmental organizations or individuals through the Vietnamese Government (below collectively referred to as scholarships granted by foreign partners).

2. Overseas students receiving other scholarships means Vietnamese citizens going abroad for study who have the whole or part of their training costs, travel expenses, cost-of-living allowances and other expenses related to their study paid by domestic and foreign organizations and individuals not from the funding sources specified in Clause 1 of this Article.

3. Self-financed overseas students means Vietnamese citizens who go abroad for study without using any of funding sources specified in Clauses 1 and 2 of this Article.

4. Intern means a Vietnamese citizen who goes abroad for study and internship in a working environment suitable to the discipline in which he/she has been trained in Vietnam to improve his/her professional qualifications and occupational skills.

5. Academic exchange means activities of exchanging and discussing directly or through conferences or seminars professional knowledge, skills and experience in order to supplement and improve knowledge, professional qualifications and occupational skills for the participants.

6. Managing agency means an agency that recruits, manages, nominates and introduces Vietnamese citizens for overseas study, teaching, scientific research or academic exchange and admits such citizens back to work in the agency after they graduate from or complete study, teaching, scientific research or academic exchange programs.

7. Sending agency means a competent agency that carries out the selection issues final decisions on the sending of Vietnamese citizens abroad for study, and decides on the grant of scholarships (if any).

Article 4. The electronic database system for managing Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange

1. The electronic database system for managing Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange (below referred to as the database system) shall be developed by the Ministry of Education and Training in collaboration with the Ministry of Labor, Invalids and Social Affairs and connected to relevant national databases.

2. Agencies and organizations that send Vietnamese citizens abroad for study, teaching, scientific research or academic exchange shall provide necessary information to the database system referred to in Clause 1 of this Article.

3. After arriving in foreign countries for study, teaching, scientific research or academic exchange, Vietnamese citizens shall update information to the database system referred to in Clause 1 of this Article.

Chapter II

VIETNAMESE CITIZENS GOING ABROAD FOR STUDY

Section 1

OVERSEAS STUDENTS RECEIVING STATE BUDGET-FUNDED SCHOLARSHIPS

Article 5. Selection and sending of Vietnamese citizens abroad for study

1. Criteria for a Vietnamese citizen to go abroad for study

a/ Having good political and moral qualities;

b/ Not being disciplined or examined for penal liability;

c/ Possessing professional qualifications and foreign language certificates as required and meeting other conditions set out by the relevant scholarship program;

d/ Obtaining approval from the managing agency (if being employed) to be sent abroad for study;

dd/ Complying with current regulations on training of cadres, civil servants and public employees and the Party’s regulations (in case he/she is a cadre, civil servant or public employee and a party member).

2. An applicant’s dossier for enrollment must comprise:

a/ An official letter nominating the applicant for enrollment, issued by the managing agency (in case the applicant is employed);

b/ The applicant’s commitment to fulfilling his/her responsibilities as requested by the managing agency (in case the applicant is employed);

c/ The applicant’s resume stuck with a photo and bearing the certification by the managing agency (in case the applicant is employed) or bearing the certification by the local administration of the applicant’s place of residence (in case the applicant is not employed);

d/ Certified copies of the applicant’s professional qualifications and foreign language certificates that meet the requirements of the relevant scholarship program;

dd/ The applicant’s health certificate issued by the provincial-level medical establishment proving that he/she is physically fit for overseas study;

e/ Other papers (if any) as required by the relevant scholarship program and the sending agency.

3. Sequence of implementation:

a/ An applicant shall submit 1 dossier specified in Clause 2 of this Article by post or by hand-delivery or online to the sending agency;

b/ Within 60 working days from the deadline for receipt of dossiers for enrollment, the sending agency shall organize the selection and notify the selection results on its website to the applicants and the managing agencies (for the applicants being employed).

4. Responsibilities for selecting and sending Vietnamese citizens abroad for study

a/ The Ministry of Education and Training shall select and send Vietnamese citizens abroad for study at all levels of general education, higher education, collegial pedagogy education and for foreign language training with the state budget funds specified at Point a, Clause 1, Article 3 of this Decree;

b/ The Ministry of Labor, Invalids and Social Affairs shall select and send Vietnamese citizens abroad for study at all levels of vocational education (except collegial pedagogy education) with the state budget funds specified at Point a, Clause 1, Article 3 of this Decree;

c/ Ministries, sectors, provincial-level People’s Committees, state agencies, state enterprises and public non-business units shall select and send Vietnamese citizens abroad for study with the state budget funds specified at Point b, Clause 1, Article 3 of this Decree;

d/ The Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs are entitled to assign tasks or delegate powers to their attached agencies and units, higher education institutions and vocational education institutions to select and send Vietnamese citizens abroad for study with the state budget funds specified at Points a and b, Clause 1, Article 3 of this Decree. Ministries, ministerial-level agencies and provincial-level People’s Committees are entitled to assign tasks or delegate powers to their attached agencies and units to select and send Vietnamese citizens abroad for study with the state budget funds specified at Point b, Clause 1, Article 3 of this Decree;

dd/ The responsibilities for selecting and sending Vietnamese citizens abroad for study with the funding sources specified at Point c, Clause 1, Article 3 of this Decree must comply with cooperation agreements between Vietnamese state agencies and foreign scholarship-granting partners.

Article 6. Rights and responsibilities of overseas students receiving state budget-funded scholarships

1. Rights of overseas students receiving state budget-funded scholarships

a/ To be entitled to return to the country for internship and collection of documents serving their study programs; enjoy vacations during their study periods under regulations of foreign education institutions; return home and visit family members in other countries (third countries) if so approved by competent authorities of host countries;

b/ To be entitled to consular protection and protection of their legitimate interests by overseas Vietnamese representations under regulations during their overseas study periods;

c/ To have the whole or part of training costs, travel expenses, cost-of-living allowances, and other expenses related to their overseas study paid from the state budget, for overseas students specified at Points a and b, Clause 1, Article 3 of this Decree, or paid by foreign partners, for those specified at Point c, Clause 1, Article 3 of this Decree.

2. Responsibilities of overseas students receiving state budget-granted scholarships

a/ To strictly comply with Vietnam’s law, and laws and customs of host countries; if committing violations, to be handled in accordance with the laws of related parties, depending on the nature and severity of their violations;

b/ To strictly abide by the rules and regulations of foreign education institutions, their commitments and the regulations of the managing agencies (in case the students are employed) and sending agencies; to preserve and develop friendly relationships with organizations, individuals and residential communities of host countries;

c/ To register as overseas Vietnamese citizens in accordance with current regulations and update information to the database system referred to in Article 4 of this Decree;

d/ To refrain from dropping out without permission; to strictly comply with regulations on the study period, training level, discipline, country of study destination, and education institution as stated in competent agencies’ decisions sending them abroad for study;

dd/ To notify the sending agencies at least 10 working days before returning to the country for internship, collection of documents or vacation under regulations of foreign education institutions, for overseas students specified at Points a and b, Clause 1, Article 3 of this Decree;

e/ After each semester and academic year, to send study progress reports (made according to Form No. 01 provided in the Appendix to this Decree) and copies of study result sheets certified by foreign training institutions by post or by hand-delivery or online to the sending agencies;

g/ To reimburse training costs in accordance with Articles 12 and 13 of this Decree if failing to accomplish their study obligations or comply with the work arrangements of competent state agencies after graduation, for overseas students specified at Points a and b, Clause 1, Article 3 of this Decree;

h/ To implement current regulations on cadres, civil servants and public employees and the Party’s regulations (if the students are cadres, civil servants or public employees and party members);

i/ To protect documents and information containing state secrets specified in the Law on Protection of State Secrets and internal political security information;

k/ To refrain from taking advantage of study or any other form to carry out propaganda activities against the State of Vietnam and affecting diplomatic relations between Vietnam and partner countries.

Article 7. Change of disciplines, education institutions or countries of study destination

1. Overseas students specified at Points a and b, Clause 1, Article 3 of this Decree who wish to change their disciplines, education institutions or countries of study destination shall obtain the sending agencies’ decisions permitting such change.

2. A dossier of request for change of discipline, education institution or country of study destination must comprise:

a/ A request for change of discipline, education institution or country of study destination (made according to Form No. 02 provided in the Appendix to this Decree);

b/ Copies of the documents approving such change, issued by the foreign education institution from which the requesting student will leave and the foreign education institution to which he/she will come;

c/ The written consent of the managing agency (in case the student is employed) to such change.

3. Sequence of implementation:

a/ An overseas student shall submit 1 dossier specified in Clause 2 of this Article by post or by hand-delivery or online to the sending agency;

b/ Within 5 working days, if the dossier is invalid, the sending agency shall notify such to the student for completing the dossier under regulations;

c/ Within 20 working days after receiving a complete dossier, the sending agency shall issue a decision permitting the student to change the discipline, education institution or country of study destination and send such decision to the student and the managing agency (in case the student is employed); if disapproving the change, the sending agency shall send a notice clearly stating the reason to the student and the managing agency (in case the student is employed).

4. Overseas students specified at Points a and b, Clause 1, Article 3 of this Decree who change their disciplines, institutions or countries of study destination without permission of the sending agencies will no longer be granted scholarships for studying new disciplines or at new education institutions.

5. Overseas students specified at Point c, Clause 1, Article 3 of this Decree who wish to change their training disciplines or education institutions shall carry out the procedures specified in Clauses 2 and 3 of this Article and must comply with the regulations of foreign scholarship-granting partners.

Article 8. Study suspension and course repetition

1. Overseas students specified at Points a and b, Clause 1, Article 3 of this Decree who wish to suspend their study shall obtain the sending agencies’ decisions permitting the study suspension and adjustment of the study period. During the suspension period, the students will be granted no scholarship. After the suspension period, the students will be granted scholarships again. The total period during which such student is granted a scholarship must not exceed the total study period stated in the initial decision sending him/her abroad for study.

2. A dossier of request for study suspension must comprise:

a/ A request for study suspension (made according to Form No. 03 provided in the Appendix to this Decree);

b/ A copy of the document permitting the study suspension and adjustment of the study period, issued by the foreign education institution;

c/ The written consent of the managing agency (in case the student is employed) to study suspension.

3. Sequence of implementation:

a/ An overseas student who requests study suspension shall submit 1 dossier of request for study suspension by post or by hand-delivery or online to the sending agency;

b/ Within 5 working days after receiving the dossier, if finding it invalid, the sending agency shall notify such to the student for completing the dossier under regulations;

c/ Within 20 working days after receiving a complete and valid dossier, the sending agency shall issue a decision permitting the student to suspend study and adjusting the study period and send such decision to the student and the managing agency (where the student works); if not permitting the study suspension, the sending agency shall send a notice clearly stating the reason to the student and the managing agency (in case the student is employed).

4. If a student has to repeat a failed course or does not complete the study program of the semester or academic year as required by the foreign education institution, he/she will not be granted a scholarship during the course repetition period. The sending agency shall decide on resumption of grant of state budget-funded scholarship to the student after his/her study result of the repeated subject satisfies the conditions for continued grant of scholarship. The total period during which a student is granted scholarship must not exceed the total study period stated in the initial decision sending him/her abroad for study. In case a student wishes for extension of his/her study period to complete the study program, he/she shall carry out the procedures specified in Article 9 of this Decree.

5. Overseas students specified at Point c, Clause 1, Article 3 of this Decree who wish to suspend their study or have to repeat a failed course shall carry out the procedures specified in Clauses 2, 3 and 4 of this Article and comply with regulations of foreign scholarship-granting partners.

Article 9. Extension of overseas study period

1. For an overseas student specified at Point a or b, Clause 1, Article 3 of this Decree, upon the expiration of the study period stated in the decision sending him/her abroad for study, if having not yet completed the study program, he/she shall send a dossier of request for extension of the study period to the sending agency for the latter to issue a decision permitting extension of his/her study period. During the extension period, the student shall not be granted a scholarship (except the airfare for returning home as specified in Clause 4 of this Article).

2. A dossier of request for extension of study period must comprise:

a/ A request for extension of study period, which must clearly state the reason for extension, duration requested to be extended, and funding source for study during the extension period (made according to Form No. 04 provided in the Appendix to this Decree);

b/ A copy of the foreign education institution’s written approval of the extension;

c/ The managing agency’s written consent to the extension (in case the student is employed).

3. Sequence of implementation:

a/ An overseas student who requests extension of his/her overseas study period shall submit 1 dossier of request for extension of study period by post or by hand-delivery or online to the sending agency;

b/ Within 5 working days after receiving the dossier, if finding it invalid, the sending agency shall notify such to the student for completing the dossier under regulations;

c/ Within 20 working days after receiving a complete and valid dossier, the sending agency shall issue a decision permitting the student’s overseas study period extension and send it to the student and the managing agency (if the student is employed); if disapproving the extension, the sending agency shall send a notice clearly stating the reason to the student and the managing agency (if the student is employed).

4. If an overseas student carries out procedures for extension of study period more than 45 working days behind the expiration of the study period stated in the decision sending him/her abroad for study or fails to carry out the extension procedures with the sending agency, he/she will not be paid the airfare for returning home.

5. The total period extendable for an overseas student must not exceed 36 months, for doctoral training programs; 24 months, for master, university or college training programs; or 12 months, for intermediate- or elementary-level training programs and, at the same time, must not exceed the maximum study period set by foreign education institutions.

6. Overseas students specified at Points a and b, Clause 1, Article 3 of this Decree who have to extend their study period for the reason of war, natural disaster or epidemic but still ensure their study results as certified by foreign education institutions will still be granted scholarships for a period of up to 12 months. Based on their requests, the sending agencies shall coordinate with overseas Vietnamese representations in making decisions on a case-by-case basis and paying scholarships according to regulations. In case of a prolonged war, natural disaster or epidemic, the continued payment of scholarships shall be considered and decided by competent agencies.

7. Overseas students specified at Point c, Clause 1, Article 3 of this Decree who wish to extend their overseas study period shall carry out the procedures specified in Clauses 2 and 3 of this Article and comply with regulations of foreign scholarship-granting partners.

 Article 10. Admission of overseas students receiving state budget-funded scholarships who return to the country  

1. Returning overseas students include:

a/ Those who have completed their study programs and are qualified for grant of graduate diplomas or certificates or have received graduate diplomas or certificates;

b/ Those who have completed their study programs and are waiting for thesis defense or completion of formalities according to regulations of foreign education institutions so as to be granted graduate diplomas or certificates and temporarily return to the country;

c/ Those who have not yet completed their study programs and return to the country.

2. Admission of overseas students who have graduated and return to the country

a/ Overseas students who have completed their study programs and are qualified for grant of graduate diplomas or certificates or have received graduate diplomas or certificates shall send graduation reports to the sending agencies that admit them after graduation;

b/ A graduation reporting dossier must comprise:

- A graduation report (made according to Form No. 05 provided in the Appendix to this Decree);

- Copies of the graduate diploma or certificate and learning outcomes, enclosed with their notarized Vietnamese translations. Those who have not yet been granted graduate diplomas or certificates shall submit copies of the written certifications of completion of study programs, enclosed with transcripts (for vocational education graduates, and bachelor’s and master’s graduates), or written certifications of research outcomes and thesis defense results (for doctoral graduates and research master’s graduates), enclosed with their notarized Vietnamese translations;

- A receipt of submission of the thesis to the National Library of Vietnam or the General Sciences Library of Ho Chi Minh City (for doctoral graduates).

c/ Sequence of implementation:

- Within 45 working days after returning to the country, an overseas student shall send by post or by hand-delivery 1 graduation reporting dossier to the sending agency;

- Within 5 working days, if the dossier is invalid, the sending agency shall notify such to the student for him/her to complete the dossier under regulations;

- Within 20 working days after receiving a complete and valid dossier as specified at Point b of this Clause, the sending agency shall issue a notice to the managing agency for the latter to admit the student back to work (in case the student is employed) or recommend the student to agencies having recruitment demands or certify that the student has graduated (in case the student is not employed). The sending agency shall send such notice to the student and the managing agency (in case the student is employed).

3. Admission of overseas students who temporarily return to the country pending thesis defense or completion of formalities according to regulations of foreign education institutions so as to be granted graduate diplomas or certificates

a/ Overseas students may temporarily return to the country pending thesis defense or completion of formalities according to regulations of foreign education institutions so as to be granted graduate diplomas and certificates and shall concurrently carry out procedures for extension of the overseas study period according to Article 9 of this Decree;

b/ Overseas students specified at Points a and b, Clause 1, Article 3 of this Decree shall bear all travel expenses and not be entitled to allowances for the period after they return to the country pending thesis defense or completion of formalities according to regulations of foreign education institutions so as to be granted graduate diplomas or certificates;

c/ Overseas students shall submit graduate diplomas or certificates to the sending agencies within a period of 36 months, for doctoral training programs, 24 months, for master’s, bachelor’s and collegial-level training programs; or 12 months, for intermediate- or elementary-level training programs, counting from the expiry date stated in decisions on sending students abroad for study; such period must not exceed the maximum study period specified by foreign education institutions;

d/ Overseas students shall make graduation reports according to Clause 2 of this Article when qualified for grant of graduate diplomas or certificates or after having received graduate diplomas or certificates.

4. Overseas students who return to the country when having not yet completed their study programs may be admitted back to their agencies (in case they are employed) and shall reimburse training costs according to Articles 12 and 13 of this Decree.

Article 11. Rights and responsibilities of managing agencies and sending agencies toward overseas students receiving state budget-funded scholarships 

1. Rights of managing agencies

a/ To create sources of personnel for selection and nomination of Vietnamese citizens for sending abroad for study with state budget funds;

b/ To request overseas students to comply with the provisions of this Decree and agreements made between managing agencies and overseas students before the latter go abroad for study (if any).

2. Responsibilities of managing agencies

a/ To select those who possess good political and moral qualities, are physically fit, have sufficient capabilities and qualifications, and meet the conditions and criteria set by scholarship programs;

b/ To coordinate with sending agencies in managing overseas students throughout the period of overseas study according to this Decree;

c/ To admit overseas students back to work in their agencies;

d/ To request overseas students who fail to fulfill study obligations or fail to obey work assignment after graduation to reimburse training costs according to Articles 12 and 13 of this Decree.

3. Rights of sending agencies

a/ To select and send Vietnamese citizens abroad for study with state budget funds according to this Decree;

b/ To request students sent abroad for study to comply with this Decree and instructions (if any) of sending agencies.

4. Responsibilities of sending agencies

a/ To issue decisions on selection and sending of Vietnamese citizens abroad for study; to admit overseas students returning to the country according to this Decree;

b/ To assume the prime responsibility for, and coordinate with managing agencies in managing and allocating funds (if any) to overseas students during the process of overseas study in accordance with this Decree and current relevant regulations;

c/ To provide information on the amounts of training costs already paid for overseas students during the process of overseas study for managing agencies to consider reimbursement of training costs under Articles 12 and 13 of this Decree, in case overseas students fail to fulfill their study obligations or fail to obey work assignment of managing agencies after graduation;

d/ To recover the amounts of training costs already paid for overseas students who are not employed, fail to fulfill study obligations and are subject to reimbursement of training costs under Articles 12 and 13 of this Decree.

Article 12. Reimbursement of training costs

1. For overseas students who are cadres, civil servants and public employees specified at Points a and b, Clause 1, Article 3 of this Decree, the reimbursement of training costs must comply with the Government’s Decree No. 101/2017/ND-CP of September 1, 2017, on training and further training of cadres, civil servants and public employees.

2. For overseas students other than cadres, civil servants and public employees specified at Points a and b, Clause 1, Article 3 of this Decree who fail to obey work assignment of competent state agencies after graduation, the reimbursement of training costs must comply with the Government’s Decree No. 143/2013/ND-CP of October 24, 2013, providing reimbursement of scholarships and training costs.

3. For overseas students who are employed but not cadres, civil servants and public employees specified at Points a and b, Clause 1, Article 3 of this Decree,drop out or give up their jobs without permission or unilaterally terminate their employment contracts during the training period, or are not granted graduate diplomas or certificates by training institutions, the managing agencies shall proceed with procedures for reimbursement of training costs under Article 13 of this Decree.

4. For overseas students who are not employed as specified at Points a and b, Clause 1, Article 3 of this Decree, drop out without permission and are not granted graduate diplomas or certificates by training institutions, the sending agencies shall proceed with procedures for reimbursement of training costs under Article 13 of this Decree.

5. For overseas students specified at Point c, Clause 1, Article 3 of this Decree, the reimbursement of training costs must comply with regulations on cooperation between Vietnamese state agencies and foreign scholarship-granting partners.

Article 13. Recovery of reimbursable expenses

1. Reimbursable expenses include all training costs which have been paid from the state budget for overseas students specified at Points a and b, Clause 1, Article 3 of this Article and allocated by sending agencies.

2. The recovery of reimbursable expenses for an overseas student specified in Clause 3 or 4, Article 12 of this Decree is as follows:

a/ The managing agency or sending agency (in case the student is not employed) shall issue a decision on recovery of reimbursable expenses and send such decision to the student. The managing agency or sending agency shall, based on the student’s dossier, consider and decide on exemption from or reduction of reimbursable expenses and make explanations to competent agencies when requested;

b/ Within 120 days after receiving the decision on recovery of reimbursable expenses from the managing agency or sending agency, the student shall fully remit reimbursable expenses;

c/ Reimbursable expenses shall be remitted to the managing agency or sending agency that has paid such expenses for the student;

d/ In case the student who is subject to reimbursement of training costs fails to fulfill the reimbursement obligation, the managing agency or sending agency may initiate a lawsuit at court in accordance with law.

3. The recovery of reimbursable expenses for overseas students specified at Point c, Clause 1, Article 3 of this Decree must comply with regulations on cooperation between Vietnamese state agencies and foreign scholarship-granting partners.

Section 2

OVERSEAS STUDENTS RECEIVING OTHER SCHOLARSHIPS AND SELF-FINANCED OVERSEAS STUDENTS

Article 14. Rights and obligations of overseas students receiving other scholarships and self-financed overseas students

1. Rights of overseas students receiving other scholarships

a/ To have the rights specified at Points a and b, Clause 1, Article 6 of this Decree;

b/ To receive study-related supports provided by domestic and overseas organizations and individuals (from funding sources other than the state budget).

2. Responsibilities of overseas students receiving other scholarships

a/ To comply with the provisions at Points a, b, c, h, i and k, Clause 2, Article 6 of this Decree;

b/ To comply with lawful agreements with scholarship-granting organizations or individuals;

c/ To comply with regulations of Vietnamese education institutions and foreign education institutions, for overseas students studying abroad under training cooperation agreements signed between Vietnamese education institutions and foreign education institutions;

d/ To comply with agreements with managing agencies (if any); to report to and submit to the management by managing agencies (for students who are employed) during the process of overseas study;

dd/ Not to illegally stay overseas after finishing their study programs.

3. Rights of self-financed overseas students

Self-financed overseas students have the rights specified at Point a, Clause 1 of this Article.

4. Responsibilities of self-financed students

a/ To comply with the provisions at Points a, c, d and dd, Clause 2 of this Article;

b/ To make truthful declaration when making dossiers for overseas study;

c/ To sign overseas study counseling contracts with organizations providing overseas study counseling services before going abroad for study (for self-financed overseas students using services provided by organizations providing overseas study counseling services);

d/ To keep contact with and update organizations providing overseas study counseling services with information on change of training disciplines, change of education institutions, change of country of study destination, study suspension, course repetition, or extension of the overseas study period (for self-financed overseas students using services provided by organizations providing overseas study counseling services).

Article 15. Rights and responsibilities of organizations providing overseas study counseling services

1. Rights of organizations providing overseas study counseling services

a/ To sign enrollment representation contracts with foreign education institutions;

b/ To have information on the organizations published on websites of agencies granting certificates of registration for provision of overseas study counseling services;

c/ To exercise rights of enterprises without violating the provisions in Clause 2 of this Article;

d/ To enjoy remuneration as agreed in overseas study counseling contracts.

2. Responsibilities of organizations providing overseas study counseling services

a/ To register for grant of certificates of registration for provision of overseas study counseling services according to regulations;

b/ To start providing overseas study counseling services within 45 working days from the date of obtaining certificates of registration for provision of overseas study counseling services;

c/ To provide truthful and accurate information on conditions related to accreditation of quality of foreign education programs and education institutions; estimated tuition fees and cost-of-living allowances and related charges; living conditions and policies on overtime work of countries of study destination; difficulties, risks and unexpected events that might happen during the overseas study period;

d/ To sign overseas study counseling service contracts with those who wish to study abroad or their parents or lawful guardians on the basis of mutual agreement and voluntariness, adhering to the following principles:

- An overseas study counseling service contract must clearly state the training discipline; name of the education institution and country of study destination, study period, graduate diploma or certificate; expenses and remunerations related to overseas study counseling services payable by the student or his/her parent or guardian; interests, responsibilities and commitments of each party; risk handling measures;

- The to-be-signed contracts are overseas study counseling service contracts; the signing of overseas study-cum-employment contracts is not allowed.

dd/ Not to authorize or be authorized by other organizations providing overseas study counseling services to provide overseas study counseling services to those who wish to study abroad;

e/ To publicize at their head offices and on their websites and be held responsible before law for the accuracy of, the following information:

- Establishment decision or enterprise registration certificate;

- Certificate of registration for provision of overseas study counseling services, granted by competent agencies;

- List of overseas study counselors, covering their names, ages, diplomas or certificates up to law-prescribed requirements; counselors must be trained in overseas study counseling and granted certificates under Article 16 of this Decree;

- Information relating to training disciplines and programs, accreditation or recognition of education quality of foreign education institutions with which they have signed cooperation agreements or for which they act as enrollment representatives;

- Information on tuition fees and cost-of-living allowances, service charges;

- Reports on provision of overseas study counseling services already sent to managing agencies every year.

g/ To keep contact with and coordinate with foreign education institutions, monitor and assist overseas students throughout the overseas study period; to urge overseas students to update information to the database system specified in Clause 1, Article 4 of this Decree. To proactively coordinate with related agencies in protecting lawful rights and interests of overseas students;

h/ To keep dossiers on sending of Vietnamese citizens abroad for study throughout overseas students’ overseas study process and continue keeping contact with overseas students after graduation, provide information evaluating the effectiveness of overseas study counseling services provided to Vietnamese citizens when requested by state management agencies;

i/ To comply with the reporting regime provided in Article 28 of this Decree.

Article 16. Training in overseas study counseling

1. Certificates of training in overseas study counseling shall be granted by institutions providing training in overseas study counseling to learners after they complete training programs on overseas study counseling.

2. Institutions providing training in overseas study counseling specified in Clause 1 of this Article are higher education institutions or colleges experienced in sending students abroad for study of whom some have completed their training programs.

3. The Minister of Education and Training shall assume the prime responsibility for, and coordinate with the Minister of Labor, Invalids and Social Affairs in, providing training programs on overseas study counseling.

4. Institutions providing training in overseas study counseling shall implement training programs on overseas study counseling under instructions of the Ministry of Education and Training.

Chapter III

VIETNAMESE CITIZENS GOING ABROAD FOR TEACHING, SCIENTIFIC RESEARCH OR ACADEMIC EXCHANGE

Article 17. Criteria on Vietnamese citizens going abroad for teaching, scientific research or academic exchange

1. Having good political and moral qualities (as certified by managing agencies).

2. Not being disciplined or examined for penal liability.

3. Possessing professional qualifications and capacities suitable to the contents of teaching, scientific research or academic exchange activities or programs they participate in foreign countries.

4. Meeting other requirements of teaching, scientific research or academic exchange activities or programs they participate in foreign countries.

5. Obtaining the consent of managing agencies.

Article 18. Sending Vietnamese citizens abroad for teaching, scientific research or academic exchange

1. Managing agencies shall create conditions for individuals to participate in teaching, scientific research or academic exchange activities in foreign countries through boosting cooperation in education and scientific research with overseas education institutions and science and technology organizations.

2. Vietnamese citizens admitted or invited by foreign partners to participate in teaching, scientific research or academic exchange activities shall reach agreement with foreign partners on the following contents:

a/ For teaching: teaching subjects or specialized themes, teaching duration, and financial responsibilities and insurance responsibilities of the parties;

b/ For scientific research: research contents or topics, research methods, duration of overseas stay, and financial responsibilities and insurance responsibilities of the parties;

c/ For academic exchange: academic exchange programs or projects, mode of academic exchange, duration of overseas stay, and financial responsibilities and insurance responsibilities of the parties.

3. Managing agencies shall issue decisions on sending Vietnamese citizens abroad for teaching, scientific research or academic exchange. In case managing agencies are incompetent to issue such decisions, they shall report thereon to competent agencies for the latter to issue decisions on sending Vietnamese citizens abroad for teaching, scientific research or academic exchange.

Article 19. Rights and responsibilities of Vietnamese citizens going abroad for teaching, scientific research or academic exchange

1. Rights of Vietnamese citizens going abroad for teaching, scientific research or academic exchange

a/ To have their lawful rights and interests protected by overseas Vietnamese representations in accordance with the laws of Vietnam and countries of study destinations and international law and practices during the period of overseas teaching, scientific research or academic exchange;

b/ To remit to the country their wages, remunerations, incomes and other assets in accordance with the laws of Vietnam and countries of study destinations;

c/ If being employed by agencies or organizations receiving state budget funds, to enjoy wages, remunerations, other incomes, medical examination and treatment benefits, social insurance allowances and other interests after reaching agreement with the managing agencies and be employed by the sending agencies after accomplishing their missions overseas.

2. Responsibilities of Vietnamese citizens going abroad for teaching, scientific research or academic exchange

a/ To abide by decisions sending them abroad for teaching, scientific research or academic exchange;

b/ To strictly comply with the laws of Vietnam and host countries; to register themselves as overseas Vietnamese citizens in accordance with current regulations;

c/ To pay social insurance and health insurance premiums, personal income tax (if any) and other compulsory amounts in accordance with current regulations of the State; in case a treaty which Vietnam has concluded or acceded to contains provisions on personal income tax different from those of Vietnam’s current laws, such treaty prevails;

d/ To protect documents and information containing state secrets specified in the Law on Protection of State Secrets and internal political security information;

dd/ To refrain from taking advantage of teaching or professional activities or any other activities to carry out propaganda activities against the State of Vietnam or affecting diplomatic relations between Vietnam and partner countries;

e/ To refrain from violating Vietnam’s and host countries’ regulations on scientific and technological activities, or current regulations on responsibilities and obligations of teachers affecting the image and prestige of Vietnam in partner countries;

g/ To work at designated places; to strictly abide by rules of workplaces; to return home after completing teaching, scientific research or academic exchange programs under regulations of partner countries;

h/ To refrain from taking advantage of going abroad for teaching, scientific research or academic exchange for the purpose of working as guest workers or staying overseas without permission, unless they have to prolong their overseas stay period for the reason of illness, war, natural disaster or epidemic;

i/ To strictly comply with agreements and commitments signed with their managing agencies and sending agencies (if any);

k/ To comply with current regulations applicable to cadres, civil servants and public employees and the Party’s regulations (if they are cadres, civil servants or public employees and party members);

l/ To send reports to the managing agencies once every 3 months (made according to Form No. 06 provided in the Appendix to this Decree). Within 20 working days from the date of finishing overseas teaching, scientific research or academic exchange, to return home and send reports to the managing agencies and sending agencies (if any) for updating to the database system specified in Article 4 of this Decree.

Article 20. Rights and responsibilities of managing agencies that nominate Vietnamese citizens for overseas teaching, scientific research or academic exchange

1. Rights of managing agencies that nominate Vietnamese citizens for overseas teaching, scientific research or academic exchange

a/ To exercise the rights concerning cooperation with foreign partners as specified in Article 44 of the 2012 Law on Higher Education, Article 47 of the 2014 Law on Vocational Education, and Article 71 of the 2013 Law on Science and Technology;

b/ To create sources, select, train and nominate persons for overseas teaching, scientific research or academic exchange;

c/ To request persons nominated for overseas teaching, scientific research or academic exchange to comply with regulations of the managing agencies or agreements between the two parties (if any) before going abroad;

d/ To request persons nominated for overseas teaching, scientific research or academic exchange to report on their overseas working results.

2. Responsibilities of managing agencies that nominate Vietnamese citizens for overseas teaching, scientific research or academic exchange

a/ To nominate persons who have political and moral qualities and appropriate professional qualifications and ethics for overseas teaching, scientific research or academic exchange;

b/ To monitor the working process of persons nominated for overseas teaching, scientific research or academic exchange and employ such persons after they finish overseas teaching, scientific research or academic exchange programs;

c/ To send reports on the nomination of persons for overseas teaching, scientific research or academic exchange to the sending agencies (if any) under Article 28 of this Decree.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 21. Responsibilities of the Ministry of Education and Training

1. To assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, performing the state management of education with regard to Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange at different levels of training in general education, higher education, collegial pedagogy education or foreign language skills training.

2. To assume the prime responsibility for, and coordinate with related ministries and sectors in, making reports on Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange at different levels of training in general education, higher education, collegial pedagogy education or foreign language skills training.

3. To assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, organizing inspection and examination and handling violations related to the sending of Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange at different levels of training in general education, higher education, collegial pedagogy education or foreign language skills training, and training in overseas study counseling.

4. To assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs in, providing regulations on training programs on overseas study counseling.

Article 22. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, performing the state management of education with regard to Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange at different levels of training in vocational education (except collegial pedagogy education).

2. To assume the prime responsibility for, and coordinate with related ministries and sectors in, making reports on Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange at different levels of training in vocational education (except collegial pedagogy education).

3. To assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, organizing inspection and examination and handling violations related to the sending of Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange at different levels of training in vocational education (except collegial pedagogy education).

4. To coordinate with the Ministry of Education and Training in providing regulations on training programs on overseas study counseling.

5. To coordinate with the Ministry of Education and Training in organizing inspection and examination and handling violations in the training in overseas study counseling.

Article 23. Responsibilities of the Ministry of Foreign Affairs

To assume the prime responsibility for protecting lawful rights and interests of Vietnamese citizens in overseas study, teaching, scientific research or academic exchange.

Article 24. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with related ministries and sectors in, revising policies and financial regimes on support for Vietnamese citizens going abroad for study with state budget funds after reaching agreement with line ministries.

Article 25. Responsibilities of the Ministry of Public Security

1. To direct public security forces at all levels to grasp relevant information and work with organizations and individuals operating in the fields in which Vietnamese citizens are sent abroad for study, teaching, scientific research or academic exchange with a view to preventing and promptly detecting and handling violations.

2. To assume the prime responsibility for, and coordinate with related ministries and sectors in, grasping relevant information, preventing violations, and promptly detecting and handling Vietnamese citizens who violate the laws of Vietnam and host countries during their overseas study, teaching, scientific research or academic exchange periods.

Article 26. Responsibilities of provincial-level People’s Committees

1. To organize the management and sending of Vietnamese citizens abroad for study, teaching, scientific research or academic exchange according to their competence.

2. To manage and direct activities of organizations providing overseas study counseling services in localities according to their competence.

3. To organize inspection and examination of, and handle violations committed by, organizations providing overseas study counseling services; to promptly rectify wrongdoings and handle violations, if any.

4. To publicize on their websites the lists and information on actual state of organizations providing overseas study counseling services in their localities.

5. To send periodical or extraordinary reports on the provision of overseas study counseling services in their localities to the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs in accordance with Article 28 of this Decree.

Article 27. Responsibilities of overseas Vietnamese representations

1. To protect lawful rights and interests of citizens participating in overseas study, teaching, scientific research or academic exchange and promptly address issues concerning rights and responsibilities of citizens in accordance with regulations.

2. To help and encourage citizens in overseas study, teaching, scientific research or academic exchange, fostering of moral and political qualities, and preservation and development of friendly relations between Vietnam and other countries; to disseminate, guide and examine such citizens in implementing guidelines and policies of the Party and the State and the provisions of this Decree; to provide political and ideological education, and facilitate activities of mass organizations of overseas students under guidance of political organizations and socio-political organizations of Vietnam.

3. To develop and expand education cooperation with training institutions and governments of host countries; to seek scholarship sources for Vietnam; to probe into policies and education systems of host countries for advising the Government and related agencies on development of Vietnam’s education and sending of citizens abroad for study, teaching, scientific research or academic exchange in the sectors and fields and at levels available in host countries in order to meet human resource development needs of Vietnam and promote cooperation between Vietnam and host countries.

4. To promptly report on violations of Vietnam’s law in the sending of Vietnamese citizens abroad for study, teaching, scientific research or academic exchange to competent state agencies of Vietnam for handling in accordance with law.

Article 28. Reporting regime

1. Reports on selection and sending of Vietnamese citizens abroad for study

a/ Required contents of reports: general situation of the selection and sending of Vietnamese citizens abroad for study; difficulties and problems; recommendations and proposals (if any);

b/ Report makers, report recipients, and reporting process: Agencies selecting and sending Vietnamese citizens abroad for study shall send reports to the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs (provincial-level People’s Committees shall make reports under Clause 3 of this Article);

c/ Reporting frequency: every year;

d/ Modes of sending and receiving reports: Agencies selecting and sending Vietnamese citizens abroad for study shall send reports by post or by hand-delivery or online to the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs;

dd/ Data cutoff time: from December 1 of the year preceding the reporting year to November 30 of the reporting year;

e/ Deadline for sending reports: December 15 every year;

g/ Reporting form: Form No. 07 provided in the Appendix to this Decree;

h/ Table of report statistics: Form No. 08 provided in the Appendix to this Decree.

2. Reports on overseas study counseling activities

a/ Required contents of reports: general information on organizations providing overseas study counseling services; situation of overseas study counseling activities and number of Vietnamese citizens going abroad for study in the year; difficulties and problems; recommendations and proposals;

b/ Report makers, report recipients, and reporting process: Organizations providing overseas study counseling services shall send reports to provincial-level People’s Committees of the localities where they have registered their head offices;

c/ Reporting frequency: every year;

d/ Modes of sending and receiving reports: Organizations providing overseas study counseling services shall send reports by post or by hand-delivery or online to provincial-level People’s Committees of the localities where they have registered their head offices;

dd/ Data cutoff time: from December 1 of the year preceding the reporting year to November 30 of the reporting year;

e/ Deadline for sending reports: December 5 every year;

g/ Reporting form: Form No. 11 provided in the Appendix to this Decree;

h/ Table of report statistics: Form No. 08 provided in the Appendix to this Decree.

3. Reports on Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange

a/ Required contents of reports: situation of Vietnamese citizens going abroad for study, teaching, scientific research or academic exchange in the year; difficulties and problems; recommendations and proposals;

b/ Report makers, report recipients, and reporting process:

- Provincial-level People’s Committees; agencies sending Vietnamese citizens abroad for study, teaching, scientific research or academic exchange; and institutions providing training in overseas study counseling shall send reports to the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs;

- The Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs shall send reports to the Government.

c/ Reporting frequency: every year;

d/ Modes of sending and receiving reports:

- Provincial-level People’s Committees; agencies sending Vietnamese citizens abroad for study, teaching, scientific research or academic exchange; and institutions providing training in overseas study counseling shall send reports by post or by hand-delivery or online to the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs;

- The Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs shall, within the scope of their management, send reports to the Government via the Government Reporting Information System or by hand-delivery or by post.

 dd/ Data cutoff time: from December 1 of the year preceding the reporting year to November 30 of the reporting year;

e/ Deadlines for sending reports:

- Before December 15 every year, provincial-level People’s Committees; agencies sending Vietnamese citizens abroad for study, teaching, scientific research or academic exchange; and institutions providing training in overseas study counseling shall send reports to the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs;

- Before December 25 every year, the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs shall, within the scope of their management, send reports to the Government.

g/ Reporting forms:

- Provincial-level People’s Committees shall make reports according to Form No. 10 provided in the Appendix to this Decree;

- Agencies sending Vietnamese citizens abroad for study, teaching, scientific research or academic exchange shall make reports according to Form No. 12 provided in the Appendix to this Decree;

- Institutions providing training in overseas study counseling shall make reports according to Form No. 14 provided in the Appendix to this Decree;

- The Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs shall make reports according to Form No. 15 provided in the Appendix to this Decree.

h/ Table of report statistics:

- Provincial-level People’s Committees shall summarize statistics according to Form No. 08 and Form No. 09 provided in the Appendix to this Decree;

- Agencies sending Vietnamese citizens abroad for study, teaching, scientific research or academic exchange shall summarize statistics according to Form No. 13 provided in the Appendix to this Decree;

- The Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs shall summarize statistics according to Form No. 16 provided in the Appendix to this Decree.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect on December 1, 2021.

To annul the Prime Minister’s Decision No. 05/2013/QD-TTg of January 15, 2013, providing regulations on Vietnamese citizens going abroad for study.

2. Overseas study counseling certificates issued before the effective date of this Decree remain valid for overseas study counseling practice.

Article 30. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM

* The Appendix to this Decree is not translated.