04 new important points on admissions for minority ethnic students and pupils in Vietnam

According to the Decree No. 141/2020/NĐ-CP of the Government of Vietnam, there are 04 new important points on admissions for minority ethnic students and pupils, specifically as following:

1. Reducing the enrollment age according to the admissions

Pursuant to Article 6 of the Decree No. 141/2020/NĐ-CP of the Government of Vietnam, provisions on general standards have been changed a lot compared to provisions in Decree No. 134/2006/NĐ-CP, particular as follows:

- Permanently residing for 05 consecutive years or more up to the year of enrollment in areas with extremely difficult socio-economic conditions; have biological parents or adoptive parents (or have either a biological father or biological mother, adoptive father or adoptive mother) who directly raise them living in this area (amended);

- Satisfy pre-qualification criteria for industries and occupations requiring pre-qualification;

- Not more than 22 years old by the year of enrollment, have sufficient health according to current regulations (amended).

Thus, there are 02 points to pay attention to when stipulating the admission criteria according to the nominating regime. Firstly, according to Article 5 of the previous Decree No. 134/2006/NĐ-CP (amended by Clause 2, Article 1 of the Decree No. 49/2015/ND-CP), in addition to mentioning the condition that candidates must have a permanent residence for 5 consecutive years or more up to the year of enrollment in an area with extremely difficult socio-economic conditions, it is also mentioned that the percentage of Kinh people who are elected does not exceed 15% of the total number of candidates assigned target number. But now, Decree No. 141/2020/NĐ-CP has eliminated this rate.

Secondly, according to Decree No. 134/2006/NĐ-CP, the age to be enrolled is not more than 25 years old as of the year of enrollment. Thus, at present, Decree No. 141/2020/NĐ-CP has reduced the maximum enrollment age to 22 years of age.

2. Additional 05 subjects are prioritized in recruitment and election

Previously, Decree No. 134/2006/NĐ-CP only gave priority to candidates who are ethnic minorities. However, according to Clause 5 Article 6 of the Decree No. 141/2020/NĐ-CP of the Government of Vietnam, there are 5 more priority cases supplemented. According to this provision, first of all, the subjects must meet the criteria for enrollment and election as listed in Clauses 1, 2, 3 and 4, Article 6 of the Decree No. 141/2020/NĐ-CP. Secondly, they must be given priority in the selection process to universities, colleges and intermediate schools in order:

- Children of martyrs, war invalids, sick soldiers, persons with certificates of persons entitled to the same policies as war invalids;

- Studying at a boarding high school for ethnic minorities;

- Successfully enrolled in a university, college or intermediate school in the year of consideration for admission;

- Winning prizes in competitions for excellent students at the district level or higher;

- In case learners are eligible for multiple priorities at the same time, they will only be entitled to one of the highest priority in enrollment and election.

3. Change from admission to consideration for those who are sent to study under the nomination system after graduation

According to Clause 2 Article 12 of the Decree No. 141/2020/NĐ-CP of the Government of Vietnam, instead of automatically being accepted to work according to the previous regulations, those who are sent to study under the recruitment regime after graduation will be held to be considered for employment positions. Provincial-level People's Committees shall base themselves on the requirements of tasks, employment positions, the number of working people and the number of payrolls of civil servants assigned to the positions of cadres and civil servants; based on job demand, job position, number of assigned employees, standards of professional titles, salary fund of public non-business units for public employees and bases enter the student's profile under the nominating regime to develop a plan for admission to civil servants and public employees for students under the nominating regime. The maximum period of time for learners under the recruitment regime to wait for recruitment examination and job placement is 12 months from the date of receipt of sufficient documents for admission.

4. Additional regulations on reimbursement and recovery of reimbursement costs

According to Article 16 of the Decree No. 141/2020/NĐ-CP of the Government of Vietnam, regulations on reimbursement and recovery of reimbursement costs are as following:

-  Within 60 days from the date of receipt of the decision of a competent state agency, the candidate is responsible for paying the full amount to be reimbursed.

- Reimbursement expenses shall be remitted into the state budget according to the current budget management decentralization and according to the provisions of the State Budget Law on management of budget collection and payment.

- In case the learner fails to fulfill the reimbursement obligation, the state agency competent to decide on the reimbursement shall have the right to initiate a lawsuit in accordance with law.

This is a completely new regulation compared to the previous one.

Above are 04 new notable points in the Decree No. 141/2020/NĐ-CP of the Government of Vietnam, replacing Decree No. 134/2006/NĐ-CP and Decree No. 49/2015/ND-CP. We hope that this information will help Customers and Members of LawNet to have more understanding about the recruitment system for ethnic minority students in Vietnam.

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