Is it possible to send individuals with criminal records or prior offenses in Vietnam abroad for study?

Is it possible to send individuals with criminal records or prior offenses in Vietnam abroad for study?

Pursuant to Clause 1, Article 5 of Decree 86/2021/ND-CP regulating Vietnamese citizens going abroad for study, teaching, scientific research, and academic exchange:

Recruitment and posting of Vietnamese citizens to study abroad

1. Standards for Vietnamese citizens going abroad to study

a) Possessing good political, ethical qualities;

b) Not under disciplinary action or criminal prosecution;

c) Holding degrees, professional certificates, language proficiency that meet the scholarship program's requirements and other conditions as required by the scholarship program;

d) Obtaining consent from the direct managing agency for study (in the case of those with a working organization);

dd) Meeting current regulations on training, fostering officials and public employees, and regulations of the Communist Party (in the case of officials and public employees and party members),

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Based on the above regulations, the recruitment and nomination for studying abroad include standards such as possessing good political, ethical qualities; not being under disciplinary action or criminal prosecution. Therefore, in cases with prior convictions, they still satisfy the condition to be sent abroad for study.

Is it possible to send individuals with criminal records or prior offenses in Vietnam abroad for study?​ (Image from the Internet)

During the period sent abroad for study, is it mandatory for students to report their study results?

Pursuant to point e, clause 2, Article 6 of Decree 86/2021/ND-CP regulating Vietnamese citizens going abroad for study, teaching, scientific research, and academic exchange:

Rights and responsibilities of students studying with state budget scholarships

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2. Responsibilities of students studying with state budget scholarships

a) Strictly comply with Vietnamese laws, laws, and customs of the host country; in case of violation, depending on the nature and severity, they will be handled according to the legal regulations of the relevant parties;

b) Strictly comply with the internal regulations, rules of the foreign educational institution, and commitments and regulations of their direct managing agency (for those with a working organization), and the agency sending them to study; maintain and develop friendly relations with organizations, individuals, and the resident community of the host country;

c) Register as a Vietnamese citizen abroad according to current regulations and update information into the database system as stipulated in Article 4 of this Decree;

d) Not arbitrarily drop out; conform to the time frame for study, training level, field of study, country of study, and the educational institution according to the decision from the competent agency sending them for study;

dd) Inform the sending agency at least 10 working days in advance before returning to Vietnam for internships, document collection, school breaks, or holidays as per the foreign educational institution’s regulations for the students specified in point a and b clause 1 Article 3 of this Decree;

e) Send a study progress report (Form No. 01 attached in the Appendix of this Decree) and a copy of the study results certified by the foreign educational institution by mail, directly, or online to the sending agency after each semester, academic year;

One of the responsibilities of students studying abroad is to send a study progress report and a copy of study results certified by the foreign training institution by mail, directly, or online to the sending agency after each semester, academic year.

What are regulations on recovering reimbursement costs for students who are not officials, public employees and arbitrarily drop out?

Pursuant to Clause 2, Article 13 of Decree 86/2021/ND-CP regulating Vietnamese citizens going abroad for study, teaching, scientific research, and academic exchange:

- Reimbursement costs include all training costs paid by the state budget for students as specified in points a and b clause 1 Article 3 of Decree 86/2021/ND-CP and are provided by the sending agency.

- The recovery of reimbursement costs for students is carried out as follows:

+ The direct managing agency or the sending agency (for those without a working organization) issues a decision on the recovery of reimbursement costs and sends this decision to the students subject to reimbursement. The consideration for exemption, reduction of reimbursement costs is determined by the direct managing agency or the sending agency based on the student's dossier and is accountable to the competent agency upon request;

+ Within 120 days from the receipt of the decision on the recovery of reimbursement costs from the direct managing agency or sending agency, students must pay the full reimbursement costs;

+ Reimbursement costs are paid to the direct managing agency or the sending agency that has paid the costs for the students;

+ In the case of students failing to fulfill the reimbursement obligation, the direct managing agency or sending agency has the right to file a lawsuit in court following legal regulations.