Laws of Vietnam

THE MINISTER OF EDUCATION AND TRAINING

DECIDES:

Article 1.- To issue together with this Decision the Regulation on management of Vietnamese citizens being training abroad.

Article 2.- This Decision takes effect 15 days after its signing and replaces Decision No. 1962/QD of November 19, 1990 of the Minister of Education and Training, issuing the Regulation on the overseas students work. All previous provisions contrary to this Decision are hereby annulled.

Article 3.- The director of the Office, the heads of the concerned units of the Ministry of Education and Training, and the Sections in charge of the overseas students work at the overseas representation missions of the Socialist Republic of Vietnam shall have to implement this Decision.

Minister of Education and Training
NGUYEN MINH HIEN

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Regulation prescribes the organization of management; obligations and rights, commendation and handling of violations during the time of study, research and apprenticeship; and the admission of Vietnamese citizens who have been trained abroad and returned home.

Article 2.- Vietnamese citizens being training abroad

Vietnamese citizens being trained abroad are pupils, students, postgraduate students, research students, apprentices, interns and trainees in short-term training courses, are hereinafter collectively referred to as overseas students. Overseas students are classified into two categories:

1. Overseas scholars

Overseas scholars are Vietnamese citizens who are being trained abroad with scholarships granted from the source of State budget, scholarships under the cooperation treaties and agreements between the Government of the Socialist Republic of Vietnam (or agencies authorized by the Government of Vietnam) and foreign countries (or agencies authorized by the foreign governments) or international organizations; scholarships granted by foreign governments, international organizations, non-governmental organizations or individuals through the Government of Vietnam; scholarships from the local capital sources or State enterprises.

2. Self-financing overseas students

Self-financing overseas students are Vietnamese citizens being trained in foreign countries with their own fundings (wholly or in part); fundings directly provided by foreign individuals, organizations or non-State enterprises or fundings of other sources not through the Government of the Socialist Republic of Vietnam or not specified in Clause 1 of this Article.

Chapter II

ORGANIZATION OF MANAGEMENT OF THE OVERSEAS STUDENTS WORK

Article 3.- Responsibilities of the Ministry of Education and Training

The Political Affairs Department, the International Relation Department and the concerned units of the Ministry shall, within the scope of their assigned functions and tasks, have to assist the Ministry of Education and Training in performing the function of State management over the overseas Vietnamese students work, with the following major contents:

1. Organizing and uniformly directing the overseas students work; coordinating with the concerned ministries and branches in elaborating and promulgating various regimes and policies; drafting and submitting to the competent bodies for promulgation or promulgating according to competence legal documents on the overseas students work.

2. Coordinating with the Ministry for Foreign Affairs and the concerned bodies in perfecting the model of organization of management of overseas Vietnamese students being trained abroad; appointing their personnel to take charge of the overseas students work; directing and inspecting the performance of such work by Vietnamese representation missions.

3. Settling matters related to regimes and policies and tasks related to the overseas students work during their stay in foreign countries and after their return to Vietnam.

Article 4.- Responsibilities of the overseas students work Sections at Vietnam’s overseas representation missions

The overseas representation missions of the Socialist Republic of Vietnam (hereinafter collectively referred to as Vietnamese embassies) shall directly direct the Sections in charge of the overseas students work (the Overseas Students Work Section or full-time or part-time officials in charge) to perform the tasks related to the overseas students work. The overseas students work Sections shall submit to the regular and direct guidance by the embassies for the external political and internal management work, and at the same time to the professional and technical direction by the Ministry of Education and Training. The tasks of the overseas students work Sections include:

1. Studying the training situation in the host countries so as to advise the Ministry of Education and Training on the sending of students for training in the specialties and fields at educational levels suited to the training capabilities of the host countries as well as the requirements of our country.

2. Maintaining relations with the responsible agencies and training institutions in the host countries in the implementation of the signed treaties and agreements; developing and expanding relations of cooperation on training; settling in time arising issues and ensuring the legitimate interests of overseas students.

3. Receiving and managing (directly or through overseas students’ units) overseas Vietnamese students who are learning, researching and/or apprenticing in the host countries.

4. Carrying out the political and ideological education work and the work of the Ho Chi Minh Communist Youth Union and the Youths-Students Association among overseas students; disseminating, guiding and checking overseas students in their implementation of the State’s and Party’s undertakings and policies; rules and regulations of the Ministry of Education and Training as well as the Vietnamese embassies concerning overseas students.

5. Assisting and encouraging overseas students in their learning, research, apprenticeship and self-training in moral and political qualities, forging their attachment to the homeland as well as friendship relations with the host countries.

6. Regularly coordinating with the Ministry of Education and Training in settling in time matters related to the overseas students work. Making comments and recommendations and settling relevant matters when graduated or ungraduated overseas students return home.

7. Basing themselves on the work’s characteristics in each country and specific guidance of the specialized sections of the Vietnamese embassies, making annual expenditure estimates for the performance of the assigned tasks and reporting them to the Ambassadors for consideration and incorporation in the general expenditure estimates of the embassies. Receiving fundings (if allocated) and distributing them in time and according to prescribed regime to the right categories of overseas students who enjoy the State’s financial support from the State budget.

8. Periodically reporting (bi-annually and annually) on the situation and results of the performance of their assigned tasks to the embassies, the Ministry of Education and Training and the Ministry for Foreign Affairs.

9. Receiving, considering and submitting to the Ambassadors for decision matters related to overseas students as prescribed at Points a and e, Clause 2, Article 6; Clauses 3, 4 and 5, Article 7, and Clause 2, Article 8 of this Regulation; the overseas students work Section shall have to report in writing to the Ministry of Education and Training for the latter’s directing opinions so as to ensure consensus in the management work before submitting them to the Ambassadors for decision.

Article 5.- Overseas students’ units

1. Overseas students’ units are self-management bodies of overseas students at training institutions, which are set up, directed and managed by the Vietnamese embassies.

2. The representative boards of the overseas students’ units (the grassroots units, municipal units or regional units) shall be elected by the collectives of the overseas students units. The Vietnamese embassies shall consider and issue decisions on recognition of these boards with a working term of one year. Depending on the number of overseas students, the units’ representative boards may have between 1 and 3 (or 5) members each, including the unit’s head, 1 or 2 deputy heads and members.

For newly-established overseas students’ units that lack election conditions, their representative boards shall be temporarily appointed by the Vietnamese embassies. Within 3 to 6 months after the decisions on their establishment are issued, the units shall have to organize the election of their official representative boards.

3. Tasks and powers of the representative boards of the overseas students’ units:

a/ Directly managing and encouraging overseas students in their units to study and self-train, comply with the rules and regulations of the Ministry of Education and Training, the Vietnamese embassies as well as training institutions of the host countries, and carry out friendship activities.

b/ Regularly contacting the embassies’ overseas students work Sections, providing necessary accurate and objective information on the study and self-training of overseas students and receiving direct guidance for well settling matters related to the units’ overseas students, and assisting the embassies in commenting and recommending overseas students when they return home.

c/ Considering and proposing the Vietnamese embassies or training institutions of the host countries the commendation, handling of violations and settlement of matters related to the overseas students’ legitimate interests.

d/ Managing the units’ funds contributed by overseas students in order to serve their collective activities. The levels of contribution and spending shall be discussed and decided by the unit collectives in a democratic manner.

Chapter III

OBLIGATIONS AND RIGHTS OF OVERSEAS STUDENTS

Article 6.- Obligations of overseas students

Overseas students have the following obligations:

1. Civic duties

a/ To protect the honor of and well fulfil their civic duties towards the Fatherland of Vietnam.

b/ To strictly observe the laws of the Socialist Republic of Vietnam, the Education and Training Ministry’s Regulation on management of Vietnamese students being trained abroad and the Vietnamese Embassies’ regulations concerning overseas students in the host countries.

c/ To strictly abide by laws, respect for customs and practices of the host countries; to comply with the regulations on study, daily-life activities and travel, of the training institutions and the localities where they reside; to have a sense of preserving and promoting friendship relations with the training institutions, local people and students from other countries.

d/ To join the overseas students’ units and carrying out necessary procedures for registration with the overseas students work Sections of the Vietnamese embassies. Not to establish nor join associations, political organizations and other activities of political nature without permission of the Vietnamese embassies in the host countries.

2. Obligations to learn, research and apprentice

a/ Overseas scholars have the obligation to learn, research and apprentice according to the already assigned or registered training terms, levels and specialties. If they need changes, overseas students shall send their applications to the Vietnamese embassies in the host countries for consideration and settlement after consulting the Ministry of Education and Training and the managing agencies (for overseas students who are State employees).

b/ To strictly comply with the arrangement of scientific tutors, places of learning, research or apprenticeship by the training institutions. If they need any changes, overseas students shall have to submit their requests to the training institutions and the competent training management authorities in the host countries for settlement and report such to the Vietnamese embassies for knowledge and assistance.

c/ To complete the training duration, program and plan as required by the training institutions in the host countries.

d/ To report on the results of their learning or research after each semester and academic year to the Vietnamese embassies through the overseas students’ units (if any).

e/ Overseas scholars shall not be allowed to repeat a class, prolong the time of research or apprenticeship. In cases of ailments or accidents with certification by hospitals and other special reasons, overseas students may repeat a class or prolong their research or apprenticeship time if they obtain permission of the Vietnamese embassies after the latter have consulted the Ministry of Education and Training and the managing agencies (for overseas students who are State employees). If overseas students prolong their learning or research time without permission of the Vietnamese embassies, they shall be handled for their violations according to current regulations and shall have to pay by themselves for all expenses like self-financing students.

3. The obligation to participate in collective activities

Overseas students should participate in activities of the Ho Chi Minh Communist Youth Union and the Vietnamese Youths and Students Association, which are organized by the Vietnamese embassies; have a sense of responsibility for building and maintaining close ties with the collectives, and place themselves under the direct management of the overseas students’ units.

4. The obligation to refund training expenses

Overseas scholars shall have to refund the whole or part of the training expenses to the Vietnamese State according to current regulations on the refunding of training expenses by overseas students. If overseas students are State employees sent for training by their agencies, the obligation to refund training expenses shall comply with the provisions of the Government’s Decree No. 96/1998/ND-CP of November 17, 1998 on the "job dismissal regime applicable to State employees" and Circular No. 28/1999/TT-BTCCBCP of July 31, 1999 of the Government Commission for Organization and Personnel guiding the implementation of the said Decree.

Article 7.- Rights of overseas students

Overseas students shall have the following rights:

1. The right to equality among overseas students

Overseas students shall enjoy equality in their rights and obligations; have their legitimate interests protected by the Vietnamese embassies during their time of learning in foreign countries; have their talents used by the State and enjoy the preferential treatment regime according to current regulations after they graduate and return home.

2. The right to learn and carry out scientific activities

Overseas students shall be encouraged by the State to take part in scientific activities organized by training institutions (participating in scientific research, taking excellent students’ examinations, attending symposiums and workshops and presenting scientific reports in host countries, at home and other countries) with a view to promoting their learning, research capability and completing their training courses with a high quality. Genuinely talented overseas students certified by their training institutions shall be given priority in the consideration, selection and provision of conditions for their further study at higher levels (if these students themselves so desire).

3. The right to continue study at higher levels

Overseas students who excellently complete their training programs, meet all conditions and criteria prescribed by the Ministry of Education and Training for further study, have been recommended in writing by their training institutions and have obtained the consent of their managing agencies (if they are State employees), may send dossiers for further study to the Vietnamese embassies in the host countries for consideration and decision after consulting the Ministry of Education and Training.

Dossiers for further study are prescribed in Appendix I to this Regulation.

4. The apprentices’ right to defend theses

Scientific apprentices who have well fulfilled their tasks and are capable of defending their theses to obtain academic degrees (of doctor or doctor of science) according to regulations of the host countries, meet all conditions prescribed by the Ministry of Education and Training, obtain the written approval of the admitting training institutions, shall submit dossiers to the Vietnamese embassies for consideration and decision after consulting the Ministry of Education and Training and their managing agencies (if they are State employees).

5. The right to continue study with own funding, to work as collaborators

Graduated overseas scholars may, after obtaining written permission of their managing agencies (if they are State employees), stay in foreign countries to continue study or research according to the self-financing regime, work as scientific collaborators or under production contracts for one to three years. They shall send dossiers for reporting to the Vietnamese embassies for consideration and decision after obtaining the opinion of the Ministry of Education and Training. They shall have to pay by themselves all expenses, air tickets to return home and buy insurance of various kinds. Overseas students who work as scientific collaborators or under production contracts at foreign establishments shall have to pay taxes according to current regulations of the Vietnamese State.

6. The right to return home for apprenticeship and collecting materials

Scientific activities in service of the training programs are conducted largely in the host countries. In cases they must be conducted at home, such as surveying, practicing, collecting materials and specimen for experiments, overseas students shall report them to the Vietnamese embassies in the host countries for consideration and settlement. Overseas students shall have to abide by principles and procedures for taking materials and specimen abroad according to general regulations of the State.

7. The right to take leaves

During their leaves, overseas students may return home, visit relatives in other countries (third countries), invite relatives to visit them if permitted by competent bodies of the host countries. Before returning home for leave or going to a third country, overseas students must report such to the Vietnamese embassies in the host countries.

8. The right to enjoy consular protection

a/ After arriving at training institutions in foreign countries, overseas students shall have to contact and register themselves with the Vietnamese embassies in the host countries for consular management and protection during their study abroad.

b/ For overseas students who need to settle consular issues (passports, visas) and judicial matters (marriage registration, birth registration), the Vietnamese embassies shall settle these matter according to its competence and regulations of Vietnam and the host countries.

9. The right to enjoy financial regimes

a/ Overseas scholars shall enjoy scholarships and various monetary rewards for achievements recorded in their study, scientific research, specialty allowances, as well as insurance regimes funded by the training institutions and international organizations as prescribed in the signed cooperation treaties and agreements or by the Vietnamese Government under the prescribed regime.

For overseas students granted with scholarships from the source of local budget or State enterprises, they shall enjoy financial regimes offered by the localities or establishments that send them for training.

b/ Funding for activities mentioned in Clauses 2, 4, 6 and 7, this Article, shall be incurred by overseas students themselves or provided by the training institutions, the establishments that send them for training from the local budget or State enterprises.

10. The right to lodge complaints and denunciations

Overseas students may lodge complaints and denunciations against wrong decisions and acts of competent agencies or individuals in the overseas students work. The lodging of complaints and denunciations must comply with the provisions of Vietnamese laws.

Article 8.- The rights of self-financing overseas students

During their study and/or research abroad, self-financing overseas students shall, after registering themselves with the embassies (the overseas students work Sections) for management in overseas students’ organizations, enjoy the following rights:

1. To be managed, assisted and given favorable conditions in various aspects as applicable to overseas scholars, to enjoy the overseas students’ rights specified in Article 7 of this Regulation.

2. After graduation, if meeting all conditions and criteria prescribed by the Ministry of Education and Training for further study at higher levels, they may express their desire and send dossiers to the Vietnamese embassies in the host countries for consideration of further study with scholarships according to current regulations of the Ministry of Education and Training.

3. Those who graduate with distinctive and excellent degrees, have good moral and political qualities shall, after returning home, be highly recommended by the Ministry of Education and Training to employing agencies.

Chapter IV

RECEPTION OF OVERSEAS STUDENTS RETURNING HOME

Article 9.- Completion of overseas training courses

1. Returning home on prescribed schedule

After completing (graduating or not graduating) the training courses, overseas scholars must comply with the time for returning home according to regulations of the Vietnamese embassies or competent authorities in the host countries. In cases of non-compliance and their reasons therefor are not accepted by the Vietnamese embassies or competent authorities in the host countries, they shall have to settle by themselves all related procedures with their own fundings (purchase of air tickets to return home, visa extension, places of accommodation).

2. Production of dossiers after returning home

Within one month after returning home, overseas scholars shall have to come to the Ministry of Education and Training in Hanoi or its Office in Ho Chi Minh City to produce dossiers and settle matters related to overseas students after returning home.

After returning home, overseas students granted scholarships from local budget or by State enterprises shall submit dossiers to the establishments that send them for training.

Dossiers of returning overseas students (who have graduated or not yet graduated) are prescribed in Appendix 2 to this Regulation.

Article 10.- Reception and settlement of overseas students

1. Overseas students who have graduated and returned home

a/ Overseas scholars who have graduated and returned home shall have to work under the assignment by the State. If past the Government-prescribed time waiting for work assignment, counting from the time they produce dossiers upon their return home to the Ministry of Education and Training, if no decision on job assignment according to the State’s requirements is issued, they may find jobs on their own or be provided with conditions by the Ministry of Education and Training for contacts to find jobs.

b/ For overseas scholars who are State employees and have returned home (have submitted complete dossiers and carried out all related procedures), the Ministry of Education and Training shall issue documents on sending them to work at the agencies that have sent them for training. The transfer of such students to work at other agencies shall be decided by the agencies that have sent them for training.

2. Overseas students who have not yet graduated when returning home

a/ Overseas scholars, who have not yet graduated and return home under the category of those subject to refunding of training expenses according to the provisions of Clause 4, Article 6 of this Regulation, must fulfill the obligation to refund training expenses to the State before they can be considered for sending back to the agencies that have sent them for training, sending back to the localities or introducing for further study in the country.

The refunding of training expenses by overseas students granted scholarships from the source of local budget or by State enterprises, shall be dealt with by the agencies that have sent such students for training according to current regulations.

b/ Overseas scholars, who have not yet graduated but returned home for health reasons, poor learning capability or other plausible reasons, which has been commented and recommended by the Vietnamese embassies, shall be considered and recommended by the Ministry of Education and Training for their continued study at home in the study specialty relevant to the one they studied abroad.

3. Self-financing overseas students

For graduated or ungraduated self-financing students who have returned home, if they produce complete dossiers (prescribed in Appendix 2 to this Regulation) to the Ministry of Education and Training, they shall be assisted and given conditions by the Ministry of Education and Training to make contacts and find jobs (if they have graduated), recommended back to the training institutions, agencies, units or localities where they worked before going for self-financed training (if they have not yet graduated).

Where overseas students have passed entrance examinations (with certification by competent authorities) and admitted for secondary vocational, college or university levels at overseas training institutions, have been granted scholarships by the host countries but have not yet graduated and returned home for normal reasons (health, family conditions and personal aspirations), with comments and recommendations by the Vietnamese embassies, if there are institutions to receive them, they shall be considered and recommended by the Ministry of Education and Training for their continued study at home in the study specialty relevant to the one they already studied abroad.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 11.- Commendation of collectives of overseas students and individual overseas students

After each academic year and the whole training course, the collectives of overseas students and individual overseas students, that have recorded outstanding achievements in their study, self-training and friendship activities, well observed the rules and regulations of Vietnam and host countries and have been proposed by the overseas students’ units, shall be considered and commended by the Vietnamese embassies in the following forms:

1. Commendation.

2. Awarding of commendation certificates.

3. Proposing the Minister of Education and Training or functional agency to reward according to general regulations of the State.

Article 12.- Handling of violations committed by collectives of overseas students and individual overseas students

1. The collectives of overseas students and individual overseas students that violate the laws of the Socialist Republic of Vietnam and/or the host countries, the Regulation on management of Vietnamese citizens being trained abroad, study and daily life regulations of the Vietnamese embassies and training institutions in the host countries, shall, depending on the nature and seriousness of their violations, be handled by the Vietnamese embassies in the following forms:

a/ Reprimand;

b/ Warning;

c/ Suspension of study and repatriation;

d/ Proposing of prosecution according to law provisions.

2. Overseas students who are State employees and commit violations, shall be handled, apart from the forms mentioned in Clause 1 of this Article, according to the provisions of the Ordinance on State employees.

Article 13.- Commendation, handling of violations of collectives and individuals involved in the overseas students work

Collectives and individuals who have recorded outstanding achievements in the overseas students work or violated the provisions of the Regulation on management of Vietnamese citizens being trained abroad, shall be considered for commendation or handled for their violations according to current regulations of the Vietnamese State.

Minister of Education and Training
NGUYEN MINH HIEN

Appendix 1. A dossier for further study consists of:

1. An application for further study, addressed to the Vietnamese embassy in the host country.

2. Copies of the graduation diploma and study results, other diplomas and certificates related to the academic performaces and scientific activities in foreign countries.

3. Written comments, proposals and agreement to provide further training by the training institution in the host country, which clearly state the funding for continued study.

4. Written consent of the managing agency on the further study.

5. Research topic and outline, for further study for doctoral degree.

Appendix 2. Dossiers of overseas students who have or have not yet graduated when returning home

1. Dossier of overseas student who has graduated and returned home consists of:

a/ A report on the study results of the whole training course.

b/ Diploma, certificate and other papers related to the training program, granted by the training institution in the host country.

c/ Written comments, letter of recommendation, issued by the Vietnamese embassy in the host country.

d/ Other related papers.

2. Dossier of overseas student who has not yet graduated but returned home consists of:

a/ Written comments, recommendation or decision on his/her returning home, granted by the Vietnamese embassy in the host country.

b/ Study register (transcript) of the year(s) of studying abroad, issued by the training institution in the host country.

c/ Documents related to the returning home by the overseas student who has not yet graduated, issued by the training institution or management authorities in the host country.

d/ The overseas student’s report on the reason(s) for returning home.-