Decision 05/2013/qd-Ttg Dated: Regulating The Vietnam Citizens Going Abroad To Study

Original Language Title: Quyết định 05/2013/QĐ-TTg: Quy định việc công dân Việt Nam ra nước ngoài học tập

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PRIME MINISTER
Numbers: 05 /2013/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 15, 2013

A DECISION.

The regulations of Vietnamese citizens abroad study abroad.

____________________

Government Law Base December 25, 2001;

The Education Law Base June 14, 2005; The Amendment Law, which complements some of the provisions of the Education Law November 25, 2009;

Base of Protocol 75 /2006/NĐ-CP August 2, 2006 the Government regulates the details and guidelines of some of the provisions of the Education Law; the digital decree. 31 /2011/NĐ-CP May 11, 2011 of the Government on the amendment, adds some of the provisions of the Protocol. 75 /2006/NĐ-CP August 2, 2006 the Government regulates the details and guidelines for some of the provisions of the Education Law;

At the suggestion of the Minister of Education and Training;

The Prime Minister issued the decision to stipulate the citizens of Vietnam abroad study abroad,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decision stipulated that the management of Vietnamese citizens abroad should study abroad, manage the services of their education, commend and process violations of student Liu's students, organize, or provide a travel advisory service to Vietnamese citizens abroad.

What? 2. Subject applies

This decision applies to the individual, the following organization:

1. Vietnamese citizens abroad studying for a period of 6 months or more;

2. Organizations or provide a travel advisory service to Vietnamese citizens abroad;

3. The Agency, the organization of Vietnam in the country and abroad is responsible for the management of Vietnamese citizens studying abroad.

What? 3. Explain words

In this Decision, the words below are understood as follows:

1. Vietnamese citizens studying abroad, including: Students, students, students, student studies, schoolchildren, and people who attend training courses, fostering for 6 months or more.

2. Liu student Liu is a total recipient of all or part of the cost of training, travel costs, delivery of fees and other costs associated with learning from one or more sources in the following sources of funding:

a) The state budget through ministries, the industry, the Provincial People ' s Committee, the Central City of Central, the state agency, the state business;

b) Scholarship in the framework of the Agreement, agreement of cooperation between Vietnam with foreign countries or with international organization;

c) Scholarship issued by the Foreign Government, territories, international organizations, NGOs or individuals funded through the Government of Vietnam.

3. Save your own students as foreign learnmen at the expense of non-regulatory sources at Article 2;

4. Travel consulting services are activities: Introduction, information advice on schools, overseas courses; advertising organizations, conferences, seminars, fairs, exhibitions on foreign visitors; organization of the admissions organization; the organization of foreign knowledge; and the organization. language, culture, and other necessary skills for Vietnamese citizens abroad study; the organization brings people abroad to study, bringing parents or guardians to participate in overseas training before deciding to go to study; the organization brings people to the body. Foreign education institutions when learnmen are given a foreign education basis consent to receive; tracking and supporting student circulation during their time of study in the country. besides and other activities that involve sending Vietnamese citizens abroad to study abroad.

Chapter II

THE MANAGEMENT OF VIETNAMESE CITIZENS ABROAD STUDY ABROAD

What? 4. Recruit and send Vietnamese citizens abroad study abroad

1. The Ministry of Education and Training performs admissions and sends Vietnamese citizens abroad to study with the following sources of funding:

a) The state budget scholarship under the projects, the project is approved by the Government, the Prime Minister;

b) In accordance with the Agreement, the cooperation agreement between Vietnam with foreign countries or with international organization;

c) Scholarship issued by the Government of the Foreign Government, international organizations, non-governmental organizations or individuals funded through the Government of Vietnam.

2. The ministries, peer agencies, government agencies, the Provincial People's Committee, the Central Committee of the Central Committee of the People's Republic of Vietnam, and the election of Vietnamese citizens abroad with a state budget after having a unified opinion with the Ministry of Education and Training. It ' s about the number, the level, the career that goes to school.

3. The agency, the organization that sends Vietnamese citizens abroad to study abroad, organizes a travel advisory service, and sends Vietnamese citizens who are students who are self-taught abroad to learn to practice or provide student counseling services and send Vietnamese citizens abroad. In addition to studying in a written agreement with the learman to carry out the report regime by regulation at Article 5 of this Decision.

What? 5. Report Mode

1. Before January 15, the organization stipulated in Clause 2 and 3 Article 4 This decision sent a report on the admissions and election of Vietnamese citizens abroad the study of the Ministry of Education and Training; the organization of the travel advisory service sent reporting activities to the Department of Education. Education and Training where the headquarters are, at the same time, send in the Ministry of Education and Training to monitor management and synthesis of information, report the Prime Minister.

2. Before 15 February, the Ministry of Education and Training reported the Prime Minister's report on Vietnamese citizenship abroad.

What? 6. The electronic database system management system and registration of student circulation information

1. The electronic database management system is generated by the Ministry of Education and Training and Management.

2. The agencies, organizations, individuals specified at Article 2 of this Decision are responsible for providing information to the Student Data Management Electronic Database System.

3. Vietnamese citizens who go abroad study the registration of information circulating into the system of e-saving electronic databases immediately after visiting abroad and updating the information into the system when there is a change.

4. The Ministry of Education and Training considers the recognition of the equivalent of the text by the basis of foreign education on the basis of information issued by the citizens of Vietnam abroad for registration into the Student Data Management Electronic Database System.

5. The organization responsible for managing Vietnamese students in the country and abroad, the organization, or providing the services of the school and sending Vietnamese people abroad, is responsible for the responsibility of the student Liu, who is responsible for the management of the students. the practice of registering the student circulation information into the Student Data Management Electronic Database System.

What? 7. The responsibility of the Vietnam Representative Agency abroad

The foreign representative body of Vietnam is responsible:

1. Support for citizenship registration, public protection for student circulation and timely resolution of the issue of the rights and responsibilities of the prescribed birth class;

2. Help, student Liu Liu, forge moral, political qualities, preserve and contribute to the development of friendly relations between Vietnam with countries; popularity, guidance, student Liu, party policy, party policy, Party policy, and policy. country and regulations at this decision; political education, ideology, ensuring the corporate activities of Liu students follow the guidance of the political, political-social, political and political institutions of Vietnam.

3. Development and expansion of educational partnership with training facilities and the government of the country; seeking and exploiting scholarship sources for Vietnam; policy research, the education system of the country in order to staff the Government and its agencies, the government and the government. related to the development of Vietnamese education as well as the sending of students to study professions, fields and qualifications in accordance with the ability of the country's training and to meet the needs of Vietnamese human resources;

4. Every year of the bill, receiving funding for student Liu (if any) and the business of serving the student Liu of the Vietnamese representative body abroad. The issuing organization, the use, the timely funding decision, the correct mode and subject matter;

5. Open the item dedicated to the student-saving work at the Vietnam Representative Agency ' s electronic information page abroad;

6. Before January 15, it was reported to have been sent to the Ministry of Education and Training in order to sum up, report the Prime Minister.

It's an 8. Student Circulation Support Fund

1. The Foundation Support Foundation is the established and active social fund in accordance with the law on organization, social fund activities, charity funds aimed at supporting student Liu, scientific research; encouraging student Liu to participate in activities in the classroom. In addition to the Ministry of Education and Training, Vietnam ' s Representative Agency overseas organization; student circulation support has the opportunity to be educated in high-quality training facilities; support for commendation and risk-solving for student circulation.

2. The Foundation supports the student circulation from the following sources:

a) Contributs to organizations, individuals in the country and abroad;

b) Source from activities by law;

c) Support from the state budget upon the implementation of tasks taken by the state agency with the authority of the state;

d) Other legal sources.

3. The Fund for Student Liu Aid by the Ministry of Education and Training, which operates not for profit purposes, is exempt from tax, independent accounting, legal status and is open-funded at the bank.

Chapter III

TRAVEL COUNSELING SERVICES MANAGEMENT

What? 9. Travel ConsultServices Services

The organization of the travel advisory service includes:

1. Enterprise is established and operates under the regulation of the Enterprise Law that functions as a business consulting business;

2. The organization of the career has the function of providing approval for the authorities with the authority to approve.

What? 10. Authority and condition-level certification of registered travel advisory services

1. The Department of Education and Training grants the registration of a travel advisory service to the organization registering the activities of the study of tourism.

2. The travel advisory services organization is issued a certificate of registration of the study of the travelacal service when there is sufficient following the following conditions:

a) established by the rule of law;

b) There is a headquarters, facilities, equipment that meets the operational requirement for the provision of a travel advisory service;

c) There is sufficient financial resources to secure the settlement of risk cases; there is a minimum fund deposit of 500,000,000 copper (five hundred million dollars) at the commercial bank;

d) The head of the organization for a travel advisory service and a direct staff of students who must have a higher degree of higher education, which is fluent in at least one foreign language, has a certificate of professional accretion as a travel advisory by the Ministry of Education and Training.

3. The organization of the travel advisory service is only allowed to operate only a travel advisory service since being issued a certificate for the registration of a travel advisory service.

4. The Department of Education and Training has a responsibility to send the Ministry of Education and Training the list of tourism services organizations that have been certified registered to the Ministry of Education and Training publicly on the electronic information site of the Ministry of Education and Training.

What? 11. Profiling of a Certificate of Certificate in Visitor Counseling service.

The profile of the certificate granting the registration of a travel advisory service is:

1. Text to issue a Certificate of Certificate in Form 01 at the Appendix issued with this Decision;

2. The operational project of the organization of the organisation of the learnable Travel Advisory service by law with the content primarily consists of: Target, operational content; facilities; the ability to finance; the level, capacity of the head and the staff. Direct access to travel counseling; the ability to exploit and develop overseas travel services; the thesis of organizational capacity; implementation plans, implementation measures; methods, process of organizing a travel advisory service; the methodology, and the development of the organization. solved when you have a risk problem;

3. A valid copy of the Business Registration or Investment Decision or Investment License;

4. The head of the head of the organization that operates the validated travel advisory service of the agency with a Form No. 02 at the Appendix issued with this Decision;

5. The peer-to-peer list of direct staff advice includes the following key information: They and the name, date of birth, gender, professional qualifications, foreign language, job placement will be held at the organization of the travel advisory service;

6. The Certificate of Certificate has entered the head of a student ' s study of the head of the head, who directly works as a travel consultant at the organization of the travel advisory service.

What? 12. Presentation, registration procedure, and level of certificate of registration of travel counseling service

1. The travel advisory services organization filed a Certificate of Registration Certification activity in accordance with the regulation at Article 11 of this Decision in the Department of Education and Training where the headquarters are located.

2. In the 25-day period of work since the date of receiving full and valid records, the Department of Education and Training certified the registration of a travel advisory service under Form No. 03 at the Appendix issued with this Decision; the case is not issued, payable. the written word and clear the reason.

What? 13. The responsibility of the tourism advisory organization

1. The deployment of operations for a period of 60 days, since the date of the issue of the certification of the registration of the Visitor Counseling Service.

2. Take responsibility before the law and provide information publicly related to the training facility, the state of control and the recognition of the training quality of the country ' s water authorities at the need for the need to go to school.

3. Coordination with the relevant agencies to protect the legal and political rights of the traveler.

4. Sign with the person with a need for a travel or father, mother or legal guardian according to the principle of agreement, voluntarily in which the regulation is clear, the responsibility and commitment of each side.

5. Do the report mode in accordance with the guidelines of the Ministry of Education and Training.

What? 14. The suspension of the travel advisory service

1. The organization of travel counseling services is suspended in the following circumstances:

a) Frauds to be granted a certificate of registration of a travel advisory service;

b) Do not guarantee one of the specified conditions at paragraph 2 Article 10 of this Decision;

c) Stop operating for 6 months continuously since the date is permitted without notice to the active registration certification agency;

d) Violation of the rule of law on education being treated for administrative offenses at a level of suspension;

Rental or loan certificate for registration of travel counseling services;

e) Other cases by law.

2. The decision to suspend activity on the organization of the visitor service must determine the reason for the suspension, the suspension deadline, the measure of the guarantee of the rights of the learman. The suspension must be published publicly at least on 1 local newspapers where the travel advisory service is based in 3 consecutive numbers and at the Ministry of Education and Training's electronic information site.

3. The travel advisory organization is allowed to operate again in response to the eligitherapy conditions for travel counseling. The decision to allow the organization of active travel advisory services to be reposted at least per 01 local newspapers where the travel advisory service is based in 3 consecutive numbers and at the electronic portal of the Ministry of Education and Training.

What? 15. recall the Certificate of Visitor Counseling Service

1. The certificate of activity in the travel advisory service was revoked in the following circumstances:

a) The organization of travel advisory services is dissolved in accordance with the rule of law;

b) During the suspension of the operation, the organisation of the travel advisory service continued to operate the travel advisory service;

c) In the five-year term since the date of the issue of the Certificate of Operational Counseling, the organization of the travel advisory service was suspended for the third time;

d) The rest of the suspension of the operation that the travel advisory service organization does not meet the operational conditions return;

Other cases by law.

2. The decision to revoking the Certificate of Consultation Service as a travel counselor must determine the reason for the recovery, the measures guarantee the rights of the learnmen, the worker. The decision to revoking the Certificate of Consultation Service was to be posted at least in the 01 local newspapers where the travel advisory service is based in 3 consecutive numbers and at the Ministry of Education and Training's electronic information site.

What? 16. The authority to suspend operations, revoking the Certificate of Visitor Counseling Service

1. The Department of Education and Training has the authority to suspend operations, revoking the Certificate of Operational Counseling Service.

2. When a travel advisory organization has been violated, Bob Education and Training are responsible for requiring the Department of Education and Training to suspend operations against the organization of the travel advisory service or revoking the Certificate of Operational Certification.

What? 17. Travel counseling training

1. The head of the head, who directly works as a travel consultant, must be trained in a school consultation.

2. Ministry of Education and Training specifically on the program, content, form of training, examination, exam, certificate of professional accretion counseling.

Chapter IV

COMPLIMERS AND BREACHES.

What? 18. Khen reward for student Liu

1. Save your student self-learning at training facilities with the authority of the country at the recognition or quality control that carried out the registration of student circulation information in paragraph 3 Article 6 This Decision, which has the achievement, the results of learning. Well, excellent research is being rewarded by the Ministry of Education and Training. Credit for the award from the Student Support Foundation.

2. Save the student student completing the academic program with outstanding results before the prescribed period in the decision of the competent organ to send to school or in the time of study abroad of outstanding achievements in learning, research, and education. is the basis of foreign training, free of tuition, scholarship level is reviewed by the Ministry of Education and Training. It's a great deal of criticism from the state budget.

3. Save the students with outstanding achievements in learning, scientific research and activities of friendship, good implementation of the regulations of Vietnam and the country at, have the confirmation of the Vietnam Representative Agency abroad considered to be awarded by the rules of the United States. Law enforcement, reward.

4. The Ministry of Finance chaired, in collaboration with the Ministry of Education and Training awarded the award of reward for student Liu.

What? 19. Waste Processing for Student Liu

1. Save the Student Scholarship at Point a, b Clause 2 Article 3 This Decision if the ban, does not complete the training program of the semester, the academic year required by the foreign training facility or foreign to stop issuing scholarships is in time. The government, the time of school, will not enjoy the scholarship of the state budget. The granting of a state scholarship granted by the competent authority to study abroad rules at Clause 1, 2 Article 4 This decision decides that after the student Liu has the results of the students having to learn again, the exam is required or the foreign side continue to grant a scholarship.

2. Save the scholarship to pay the scholarship and the cost of training in the following cases:

a) Not participating in the course when enrolled in admissions and has been granted a training funding;

b) Self-study, stop learning during the training period;

c) Not granted a degree, certification has completed the course, unless the case is improbable;

d) To be expelled or deported to water;

Quit or do your job without having served enough time by the current rules.

3. Ministry of Finance chaired, in collaboration with the Ministry of Education and Training guidelines for the compensation of scholarships and training costs on the stipulated cases at Clause 2 This.

What? 20. Khen rewarded and handles violations of the organization for Vietnamese citizens overseas to study abroad, the organization providing travel services and the organization of student Liu ' s student circulation management.

1. The organization for Vietnamese citizens who went abroad to study abroad, the organization providing travel services, and the organization of students whose achievements in support, student Liu, are considered to be awarded in accordance with the law of competition law, commendation.

2. The organization for Vietnamese citizens overseas to study abroad, the organization provides the education and organization management organization to violate the rules at this Decision and the other provisions of the law, depending on the extent of the breach that will be processed under the rule of law.

Chapter V.

THE ORGANIZATION.

What? 21. Ministry of Service, Industry

1. The Ministry of Education and Training is responsible:

a) Build, the agency that has the authority to enact or enact by the authority of law-related texts relating to the citizenship of Vietnam abroad;

b) Inspector, comprehensive examination of travel counseling services;

c) Chair, in coordination with the Ministry of Foreign Affairs and ministries, the related industry governing student circulation management.

2. The Ministry of Foreign Affairs directed the Vietnamese representative agencies abroad to carry out the prescribed biological work at Article 7 of this Decision.

3. The Ministry of Finance is responsible for ensuring the balance of funding to carry out Vietnamese citizenship proposals abroad from the state budget or by the Agreement, the cooperation agreement between Vietnam with foreign countries or with international organizations; In coordination with the Ministry of Education and Training, the Vietnam Student Support regime was sent abroad to study abroad from the state budget.

What? 22. The responsibility of the Provincial People ' s Committee, the Central City

1. The organization of management, sending Vietnamese citizens to study abroad under jurisdiction.

2. Every year, announcing the need to recruit students who have graduated for the Ministry of Education and Training to coordinate in the introduction of the student circulation of water seeking employment.

What? 23. Terms of execution

This decision has been in effect since 10 March 2013.

The minister, the chief agency of the government, the Head of the Government of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, the head of the Vietnam Representative Agency abroad; the organization, the relevant individual and the student Liu is responsible. This decision is done.

Prime Minister

(signed)

Dao Dung