Chương IV Nghị định 86/2021/NĐ-CP: Tổ chức thực hiện

Chapter IV

ORGANIZATION FOR IMPLEMENTATION

Article 21. Responsibilities of Departments of Education and Training

1. Take charge and cooperate with ministries and local governments in performing state management regarding education for Vietnamese nationals travelling abroad for studying, conducting scientific research, and performing academic exchange in formal education level, higher education level, pedagogy college level, and foreign language education.

2. Take charge and cooperate with ministries in performing reporting regime regarding education for Vietnamese nationals travelling abroad for studying, conducting scientific research, and performing academic exchange in formal education level, higher education level, pedagogy college level, and foreign language education.

3. Take charge and cooperate with relevant ministries and local governments to organize inspection and take actions against violations in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange in formal education level, higher education level, pedagogy and foreign language college, and study abroad consultancy training.

4. Take charge and cooperate with Minister of Labor – War Invalids and Social Affairs in regulating education program for study abroad consultancy profession.

Article 22. Responsibilities of Ministry of Labor – War Invalids and Social Affairs

1. Take charge and cooperate with ministries and local governments in performing state management regarding education for Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange in vocational education (except pedagogy college).

2. Take charge and cooperate with ministries in following reporting regime regarding education for Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange in vocational education (except pedagogy college).

3. Take charge and cooperate with relevant ministries and local governments to organize inspection and take actions against violations in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange in vocational education (except for pedagogy college).

4. Cooperate with Ministry of Education and Training in regulating education program for study abroad consultancy profession.

5. Cooperate with Ministry of Education and Training in organizing inspection and taking actions against violations in training for study abroad consultancy profession.

Article 23. Responsibilities of Ministry of Foreign Affairs

Take charge protecting legal rights and benefits of Vietnams nationals studying, teaching, conducting scientific research, and performing academic exchange overseas.

Article 24. Responsibilities of Ministry of Finance

Take charge and cooperate with ministries in amending financial policies funding Vietnamese nationals travelling abroad for studying using state budget funding after agreeing with other ministries.

Article 25. Responsibilities of Ministry of Public Security

1. Direct police authority of all levels to acknowledge the situations and work with organizations and individuals engaged in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange to prevent and promptly deal with any violation to regulations and law.

2. Take charge and cooperate with relevant ministries in acknowledging situations, preventing, detecting, and taking actions against Vietnamese nationals violating regulations and law of Vietnam, regulations and law of host countries while studying, teaching, conducting scientific research, and performing academic exchange overseas.

Article 26. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. Organize management and send Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange within their competence.

2. Manage and direct operations of local study abroad consultancy service providers within their competence.

3. Organize inspection and penalties for violations for study abroad consultancy service; promptly revise and take actions against violations.

4. Publicize lists and conditions of local study abroad consultancy service providers on website of local governments.

5. Submit periodic or irregular reports to Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs regarding provision of study abroad consultancy services of local governments according to Article 28 hereof.

Article 27. Responsibilities of Vietnam representative missions overseas

1. Protect legal rights and benefits of nationals studying, teaching, conducting scientific research, and performing academic exchange overseas and promptly deal with issues related to rights and obligations of nationals as per the law.

2. Assist and motivate nationals to study, teach, conduct scientific research, perform academic exchange overseas, train moral quality, political credentials, preserve, and develop relationship between Vietnam and host countries; publicize, instruct, and examine compliance with policies of the Communist Party, the Government, and this Decree of the nationals; educate the nationals on policies and ideology, and guarantee activities of international students according to guidelines of political organizations and socio-political organizations of Vietnam.

3. Develop and expand education cooperation relationship with training facilities and governments of host countries; search and utilize scholarship sources for Vietnam; research education policies and programs of host countries to advise the Government and relevant agencies regarding development of Vietnamese education and sending of Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange in majors and education level in host countries, satisfactory to personnel resource development demands of Vietnam, and promoting cooperation between countries.

4. Promptly report cases, organizations, and individuals showing signs of violating regulations and law of Vietnam in bringing Vietnamese nationals abroad for studying, teaching, conducting scientific research, and performing academic exchange to competent authority of Vietnam for proper actions as per the law.

Article 28. Reporting regime

1. Reports on admission and bringing of Vietnamese nationals abroad for studying

a) Basic contents: General situations regarding admission and bringing of Vietnamese nationals abroad for studying; difficulties; propositions and recommendations (if any);

b) Reporting entities, receiving agencies, and reporting procedures: Agencies admitting and bringing Vietnamese nationals abroad shall submit reports to Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs (People’s Committees of provinces and central-affiliated cities shall report according to Clause 3 of this Article);

c) Reporting period: Reports shall be submitted on an annual basis;

d) Methods of submitting and receiving reports: Agencies admitting and bringing Vietnamese nationals abroad for studying shall submit reports via postal service or in person or online to Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs;

dd) Figure conclusion date: From December 1^st of the year before the reporting year to November 30^th of the reporting year;

e) Deadline for submission: Before December 15^th of each year;

g) Report outline: Form No. 7 under Annex attached hereto;

h) Schedule on report figures: Form No. 8 under Annex attached hereto.

2. Reports on study abroad consultancy profession

a) Basic contents: General information regarding study abroad consultancy profession; study abroad consultancy operations and number of Vietnamese nationals travelling abroad for studying in the year; difficulties; recommendations and propositions;

b) Reporting entities, receiving agencies, and reporting procedures: Study abroad consultancy service providers shall submit reports to People’s Committees of provinces and cities where the service providers are based;

c) Reporting period: Reports shall be submitted on an annual basis;

d) Methods of submitting and receiving reports: Study abroad consultancy service providers shall submit reports via postal service or in person or online to People’s Committees of provinces and central-affiliated cities where the service providers are based;

dd) Figure conclusion date: From December 1^st of the year before the reporting year to November 30^th of the reporting year;

e) Deadline for submission: Before December 5^th of each year;

g) Report outline: Form No. 11 under Annex attached hereto;

h) Schedule on report figures: Form No. 8 under Annex attached hereto.

3. Reports on Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange

a) Basic contents: Situations of Vietnamese nationals travelling abroad for studying, teaching, conducting scientific research, and performing academic exchange in the year, difficulties,, propositions, and recommendations;

b) Reporting entities, receiving agencies, and reporting procedures:

- People’s Committees of provinces and central-affiliated cities; agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange; training facilities for study abroad consultancy profession shall send reports to Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs;

- Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs shall submit reports to the Government.

c) Reporting period: Reports shall be submitted on an annual basis;

d) Methods of submitting and receiving reports:

- People’s Committees of provinces and central-affiliated cities; agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange; training facilities for study abroad consultancy profession shall send reports via postal service or in person or online to Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs;

- Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs within their management shall submit reports to the Government via Government reporting system or in person or via postal service.

dd) Figure conclusion date: From December 1^st of the year before the reporting year to November 30^th of the reporting year;

e) Report deadline:

- Before December 15 each year, People’s Committees of provinces and central-affiliated cities; agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange; training facilities for study abroad consultancy profession shall send reports to Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs;

- Before December 25 each year, Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs shall submit reports to the Government.

g) Report outline:

- People’s Committees of provinces and central-affiliated cities shall send reports using Form No. 10 under Annex attached hereto;

- Agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange shall submit reports using Form No. 12 under Annex attached hereto;

- Training facilities for study abroad consultancy profession shall submit reports using Form No. 14 under Annex attached hereto;

- Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs shall send reports using Form No. 15 under Annex attached hereto.

h) Schedule on report figures:

- People’s Committees of provinces and central-affiliated cities shall consolidate figures using Form No. 8 and Form No. 9 under Annex attached hereto;

- Agencies sending Vietnamese nationals abroad for teaching, conducting scientific research, and performing academic exchange shall consolidate figures using Form No. 13 under Annex attached hereto;

- Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs shall consolidate figures using Form No. 16 under Annex attached hereto.