Chương III Nghị định 86/2021/NĐ-CP: Công dân việt nam ra nước ngoài giảng dạy, nghiên cứu khoa học và trao đổi học thuật

Chapter III

VIETNAMESE NATIONALS TRAVELLING ABROAD FOR TEACHING, CONDUCTING SCIENTIFIC RESEARCH, AND PERFORMING ACADEMIC EXCHANGE

Article 17. Eligibility for Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

1. Possess adequate political credentials and moral quality (verified by direct supervisory agencies).

2. Are not currently subject to disciplinary actions and criminal prosecution.

3. Having quality and capacity suitable with teaching program, scientific research topic, and academic exchange in foreign countries.

4. Satisfy other requirements of teaching programs, scientific research topic, and academic exchange in foreign countries.

5. Are sent abroad by direct supervisory agencies on a consensus basis.

Article 18. Sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

1. Direct supervisory agencies shall allow individuals allowed to participate in teaching, research, and academic activities overseas via promoting cooperation in education and scientific research with foreign education institutions and science, technology organizations.

2. Vietnamese nationals accepted or invited by the foreign parties to teach, conduct scientific research, and perform academic exchange with the foreign parties to agree on specific details, including:

a) For teaching: Details of subjects or topics, teaching period, and financial obligations, and insurance of the parties;

b) for conducting scientific research: Research contents, topics, or methods, duration of stay overseas, and financial obligations, insurance of parties;

c) For academic exchange: Exchange programs or projects, methods of exchange, duration of stay overseas, and financial obligations, insurance of the parties.

3. Direct supervisory agencies shall issue decisions sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange. In case direct supervisory agencies are incapable of issuing decisions, submit reports to competent authority to issue Decisions on sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange.

Article 19. Rights and responsibilities of Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

1. Rights of Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

a) Receive protection from Vietnamese representative missions regarding rights and benefits satisfactory to regulations and law of Vietnam, regulations and law of host countries, and international practices during the period in which Vietnamese nationals teach, conduct scientific research, and perform academic exchange overseas;

b) Receive salaries, wages, income, and other legal private assets transferred to Vietnam according to regulations and law of Vietnam, regulations and law of host countries;

c) Personnel of agencies and organizations benefitting from state budget shall benefit from salaries, wages, other incomes, medical examination and treatment, social insurance, and other benefits on the basis of agreement with direct supervisory agencies and be accepted by dispatching agencies for employment upon finishing work overseas.

2. Responsibilities of Vietnamese nationals travelling abroad for teaching, conducting scientific research, and performing academic exchange

a) Comply with decision assigning teaching jobs, scientific research tasks, and academic exchange in foreign countries;

b) Strictly comply with regulations and law of Vietnam, regulations and law of host countries; register for overseas Vietnamese as per applicable laws;

c) Contribute to social insurance, health insurance, person income tax (if any), and other mandatory costs according to applicable regulations of the Government; in case international agreements to which Vietnam is a signatory regulates person income tax otherwise, the international agreements shall prevail;

d) Protect documents, information classified as government secret as per Law on Protection of Government Secret, and internal political information;

dd) Do not exploit teaching, specialized activities, or any other activities to make statements against Vietnamese government or affecting relationship between Vietnam and host countries;

e) Do not violate regulations on science and technology activities of Vietnam and host countries; regulations and law on obligations, responsibilities of teachers which affect image and credibility of Vietnam in host countries;

g) Work as per the law; comply with regulations of workplace; return to Vietnam after finishing teaching programs, scientific research, and academic exchange according to regulations of host countries;

h) Do not exploit teaching, scientific research, and academic exchange in foreign countries to work or stay overseas illegally except for cases where duration of stay abroad must be extended due to sickness, war, conflict, natural disasters, or epidemic;

i) Comply with agreement and commitment signed with direct supervisory agencies and dispatching agencies (if any);

k) Comply with applicable regulations and law on officials, public officials, and regulations of the Communist Party (for cases of members of the Communist Party);

l) Submit reports to direct supervisory agencies once every 3 months (Form No. 6 under Annex attached hereto). Within 20 working days from the date on which Vietnamese nationals finishing teaching program, scientific research, and academic exchange abroad, Vietnamese nationals must return to Vietnam and report to direct supervisory agencies and dispatching agencies, and update on the Database under Article 4 hereof.

Article 20. Rights and responsibilities of direct supervisory agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

1. Rights of direct supervisory agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

a) Exercise rights regarding cooperation with foreign countries according to Article 44 of Law on Higher Education Institutions 2012, Article 47 of Law on Vocational Education 2014, and Article 71 of Law on Science Technology 2013;

b) Create sources, select, train, and send people abroad for teaching, conducting scientific research, and performing academic exchange;

c) Request individuals sent abroad for teaching, conducting scientific research, and performing academic exchange to comply with regulations of agencies or agreements between parties prior to travelling abroad (if any);

d) Request individuals sent abroad for teaching, conducting scientific research, and performing academic exchange to submit working reports while staying abroad.

2. Responsibilities of direct supervisory agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange

a) Send individuals with adequate political credentials, moral quality, capacity, education level, and standards regarding professional ethics abroad for teaching, conducting scientific research, and performing academic exchange;

b) Monitor working progress of individuals sent abroad for teaching, conducting scientific research, and performing academic exchange, and provide them with work once they have finished teaching program, academic research, and academic exchange overseas;

c) Submit reports on sending individuals abroad for teaching, conducting scientific research, and performing academic exchange to competent dispatching agencies (if any) according to Article 28 hereof.