Chương I Nghị định 86/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes travelling abroad of Vietnamese nationals for studying, teaching, conducting scientific research, and performing academic exchange; rights and responsibilities of relevant agencies, organizations, and individuals.

Article 2. Regulated entities

1. This Decree applies to:

a) Vietnamese nationals who are students, researchers, intern, and learners and travelling abroad under training, improvement courses that last at least 3 consecutive years (hereinafter referred to as “international students”);

b) Vietnamese nationals who are teachers, lecturers of formal education institutions, vocational education institutions, and/or higher education institutions affiliated to national education system and travelling abroad for teaching, conducting scientific research, and performing academic exchange;

c) Study abroad consultancy service providers;

d) Agencies and organizations sending Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange;

dd) Relevant domestic and foreign agencies, organizations, and individuals responsible for managing Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange.

2. This Decree does not apply to Vietnamese nationals working abroad under Law on Vietnamese Guest Workers.

3. Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange under management of Ministry of National Defense and Ministry of Public Security shall conform to this Decree and comply with requirements of military forces and police authority.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “international students under state budget scholarship” refer to Vietnamese nationals who travel abroad for studying and receive funding for the entire or part of training costs, travelling costs, subsistence allowance, and other costs related to studying from any of the following funding sources:

a) Scholarship granted by state budget under conventions, agreements on cooperation between Vietnamese Government and Government of other countries;

b) Scholarship granted by state budget via regulatory authorities, state enterprises, or public service providers;

c) Scholarship granted by Government of other countries, official development assistance (ODA), governments of territories, international organizations, non-governmental organizations, or individuals via Vietnamese Government (hereinafter referred to as “scholarship incurred by foreign parties”).

2. “international students under other scholarship” refer to Vietnamese nationals who travel abroad for studying and receive scholarship for a part or the entirety of training costs, travelling costs, subsistence allowance, and other costs related to studying granted by domestic or foreign organizations and individuals from funding sources other than those under Clause 1 of this Article.

3. “self-financed international students” refer to Vietnamese nationals who travel abroad for studying under funding sources other than those specified in Clause 1 and Clause 2 of this Article.

4. “Vietnamese interns” refer to Vietnamese nationals who travel abroad for studying and participating in internship in working environment suitable with majors which they are training for in Vietnam to improve professional capacity.

5. “academic exchange” refers to exchange and discussion in face-to-face form, convention, or seminars for specialty, skills, and experience to improve professional capacity, knowledge, and skills of participants.

6. “direct supervisory agency” refers to an agency recruiting, managing, nominating, and introducing Vietnamese nationals to foreign countries for studying, teaching, conducting scientific research, performing academic exchange, and providing occupations after graduating, finishing studying, teaching, scientific research, and academic exchange programs.

7. “dispatching agency” refers to a competent agency capable of admitting, making final decisions on sending Vietnamese nationals to foreign countries for studying, and deciding on granting scholarship (if any).

Article 4. Electronic database for managing Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange

1. Electronic database of managing Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange (hereinafter referred to as “Database”) shall be developed by Ministry of Education and Training in collaboration Ministry of Labor – War Invalids and Social Affairs and connected with relevant national databases.

2. Agencies and organizations sending Vietnamese nationals to foreign countries for studying, teaching, conducting scientific research, and performing academic exchange are responsible for uploading necessary information on Database under Clause 1 of this Article.

3. After arriving in foreign countries for studying, teaching, conducting scientific research, and performing academic exchange, Vietnamese nationals are responsible for updating information on Database under Clause 1 of this Article.