Amending regulations on Vietnamese citizens going abroad to study, teach and research

The Ministry of Education and Training announced the draft Decree amending and supplementing a number of articles of Decree No. 86/2021/ND-CP dated September 25, 2021 of the Government regulating Vietnamese citizens going abroad to study, teach, conduct scientific research and conduct academic exchanges.

The draft Decree inherits the contents stipulated in Decree No. 86/2021/ND-CP which are still suitable; at the same time, it overcomes some shortcomings and difficulties in the implementation process to suit the actual situation, ensuring consistency with relevant current legal documents; in line with the Party's guidelines, policies and the State's laws; meeting the requirements of national digital transformation.

The need to issue a Decree amending and supplementing Decree No. 86/2021/ND-CP

On September 25, 2021, the Government issued Decree No. 86/2021/ND-CP regulating Vietnamese citizens going abroad to study, teach, conduct scientific research and conduct academic exchanges. This is the legal basis for relevant agencies, organizations and individuals to implement.

In 2024, the Ministry of Education and Training sent a document to ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally-run cities, and highereducation institutions requesting reports on the implementation of Decree No. 86/2021 and proposing amendments and supplements to the provisions of the Decree (if any) in the form of sending written reports and sending information in the form of online surveys.

In total, 11 ministries, ministerial-level agencies, 44 provincial and municipal People's Committees and Departments of Education and Training, 98 higher education institutions and a number of other agencies sent written reports, 260 agencies provided information in the form of online surveys, and direct surveys at 06 higher education institutions (in Hanoi, Hai Phong, Hue, Ho Chi Minh City, Can Tho).

The results of the survey and assessment of the implementation of Decree No. 86/2021/ND-CP show that: in addition to positive results, the Decree still has some problems related to the implementation of enrollment, management of international students with state budget scholarships, simplification of administrative procedures, and the need to supplement regulations on exemption of training cost reimbursement for international students who do not complete the course due to force majeure. The Decree amends and supplements the implementation responsibilities of relevant ministries and branches according to the requirements of merging and streamlining the Government apparatus.

Expect new points

Firstly, the draft amendments and supplements related to simplifying administrative procedures. Accordingly, simplifying administrative procedures regarding the components of the application documents, supplementing documents with missing information for overseas students receiving state budget scholarships in the selection process; supplementing regulations on online application submission in handling administrative procedures for receiving repatriation after graduation. Amending regulations on reporting regime for Vietnamese citizens going abroad to teach, conduct scientific research and conduct academic exchanges.

Cutting and simplifying administrative procedures to save people's costs, increase productivity and work efficiency, attach responsibility to the person performing the work and the head of the unit; suitable for candidate selection according to foreign regulations.

Second, amend and supplement the management of international students receiving state budget scholarships.

Specifically, additional regulations are added for international students who have completed their study program, are eligible to receive a diploma or graduation certificate but have not returned home, and stay abroad to continue studying at a higher level or do an internship after graduation.

Supplementing regulations on exemption from training cost refunds for cases where international students do not complete the course due to force majeure (health, war, natural disasters, epidemics); amending regulations on time for refunding compensation costs; methods of paying compensation costs; supplementing the responsibility of international students' families in refunding compensation costs to the State.

Decree No. 86/2021/ND-CP does not stipulate the above contents. This provision aims to improve the effectiveness of the management of state budget scholarship students; provide additional grounds for sending agencies and agencies directly managing international students to consider exempting refunds for international students who do not complete the course due to force majeure; and increase the feasibility of recovering refund costs.

Third, amend and supplement the management of organizations providing study abroad consulting services. Supplement regulations on extending and adjusting the certificate of registration for study abroad consulting services when the term expires or when there is a change in the organization or location of operation of organizations providing study abroad consulting services to improve state management of study abroad consulting services.

Fourth, amend and supplement the responsibilities of ministries and branches. Transfer the regulations on the responsibility of implementing state management from the Ministry of Labor, War Invalids and Social Affairs to the Ministry of Education and Training for the work of recruiting, sending Vietnamese citizens abroad to study, teach, conduct scientific research and exchange academic knowledge at all levels and training levels in vocational education and training according to the regulations on merging and streamlining the Government apparatus.

Source: https://giaoducthoidai.vn/sua-quy-dinh-ve-cong-dan-viet-nam-ra-nuoc-ngoai-hoc-tap-giang-day-nghien-cuu-post739022.html