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Decree No. 322/2026/ND-CP dated August 17, 2026 of the Government on amendments to some articles of the Government’s Decree No. 86/2021/ND-CP dated September 25, 2021 on Vietnamese citizens studying, teaching, and conducting scientific research and academic exchange abroad

Date: 8/17/2026

 
THE GOVENRMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 322/2026/ND-CP
Hanoi, August 17, 2026
 
DECREE
AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 86/2021/ND-CP DATED SEPTEMBER 25, 2021 ON VIETNAMESE CITIZENS STUDYING, TEACHING, AND CONDUCTING SCIENTIFIC RESEARCH AND ACADEMIC EXCHANGE ABROAD
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Education No. 43/2019/QH14 amended by the Law No. 123/2025/QH15;
Pursuant to the Law on Vocational Education No. 124/2025/QH15;
Pursuant to the Law on Higher Education No. 125/2025/QH15;
At the request of the Minister of Education and Training;
The Government promulgates Decree on amendments to some articles of the Government’s Decree No. 86/2021/ND-CP dated September 25, 2021 on Vietnamese citizens studying, teaching, and conducting scientific research and academic exchange abroad.
Article 1. Amendments to point c clause 1 Article 2
“c) Study abroad consultancy service providers which are enterprises, branches of enterprises, foreign educational institutions operating legally in Viet Nam and registering their business lines, or public service providers which have functions and tasks to provide study abroad consultancy in accordance with the law;”
Article 2. Amendments to clause 1 Article 4
“1. Electronic database of management of Vietnamese citizens studying, teaching, and conducting scientific research and academic exchange abroad (hereinafter referred to as “Database”) is a specialized database of the Ministry of Education and Training, which is presided over, developed, managed, accessed, and used by the Ministry of Education and Training; it is connected to and synchronized with the National Population Database, other national databases, and relevant specialized databases in accordance with the law.”
Article 3. Amendments to some clauses of Article 5
1. Clause 2 shall be amended as follows:
“2. Application for admission consists of:
a) Application form for studying abroad (using the Form No. 1a in the Appendix issued together with this Decree);
b) Official dispatch issued by a direct supervisory agency (in case a working agency is available);
c) Commitment on fulfillment of the obligations of the individual sent abroad at request of the direct supervisory agency (in case a working agency is available);
d) Curriculum Vitae according to applicable regulations, certified by the direct supervisory agency (in case a working agency is available);
dd) Verified true copies of degrees, certificates for specialty and/or foreign languages satisfactory to the scholarship program. The sending agency shall extract and use information on degrees already available in the National Database on Education and Training in accordance with regulations for inspection, comparison, and replacement of the submission of certified true copies of degrees. In case where the foreign educational institution requires physical documents, or the sending agency is unable to extract, or cannot fully extract, information and data on degrees from the National Database on Education and Training, it shall request the individual to submit additional documents as prescribed.
e) Medical examination record provided by a provincial medical facility and verifying adequate health conditions for studying abroad. The sending agency shall extract and compare the applicant’s medical examination record information from/with the Electronic Health Record Platform Database, and the applicant is not required to submit a physical record (unless required by the foreign educational institution );
e) Other documents (if any) at request of the scholarship program and the sending agency.”
2. Clause 3 shall be amended as follows:
“3. Procedures:
a)  The applicant shall submit an application under clause 2 of this Article to the sending agency in person at single window section or by post or online through the National Public Service Portal or the National Digital Identification Application;
b) Within 90 days from the deadline for receipt of the application, the sending agency shall organize the admission. In case where additional documents are required under the regulations of each scholarship program, the applicant shall provide them as requested by the sending agency.  The sending agency shall issue a decision to approve the list of pre-selected or successful applicants and notify the results to the applicants via email or other electronic forms as prescribed. Regarding the applications submitted through the National Public Service Portal, the results of processing procedures shall be returned on the National Public Service Portal.
3. Point a clause 4 shall be amended as follows:
a) The Ministry of Education and Training shall make the admission and send Vietnamese citizens abroad for study,  using state budget funding as prescribed in point a, clause 1, Article 3 of this Decree;”
Article 4. Amendments to some points and clauses of Article 10
1. The first bullet point of point c, clause 2 shall be amended as follows:
"- Within 45 working days from the end of the course, the international student shall submit 01 application to the sending agency in person at single window section, or by post, or online through the National Public Service Portal or the National Digital Identification Application;”
2. Clause 5 shall be added to Article 10 as follows:
5. International students prescribed in points a and b, clause 1, Article 3 of this Decree who have completed their study program and are eligible for graduation degrees or certificates but have not returned to Viet Nam, and still stay abroad to pursue a higher education level or post-graduation internship, shall not be granted funding for airfares or tickets for other means of transport (if any) and must obtain the approval of the sending agency and the direct supervisory agency (in case a working agency is available).”
Article 5. Amendments to point a clause 4 Article 11
“a)  Issue decisions to select and send Vietnamese citizens abroad for study and receive international students returning to Viet Nam according to this Decree; Preside over and cooperate with relevant agencies in disseminating the Communist Party's regulations and the State's laws on internal political protection, state secret protection, and relevant regulations to Vietnamese citizens before they are sent abroad for study;”
Article 6. Amendments to Article 12
“Article 12. Compensation for training costs
1. Compensation for training costs for international students who are civil servants or public employees as prescribed in points a and b, clause 1, Article 3 of this Decree shall be paid in accordance with regulations of the Government's Decree No. 171/2025/ND-CP dated June 30, 2025 and the Government's Decree No. 259/2026/ND-CP dated June 30, 2026.
2. Compensation for training costs for international students who are not civil servants or public employees as prescribed in points a and b, clause 1, Article 3 of this Decree, and fail to comply with regulations on assignment given by competent state agencies after graduation, shall be paid according to regulations of the Government's Decree No. 143/2013/ND-CP dated October 24, 2013 and the Government's Decree No. 51/2026/ND-CP dated February 02, 2026 amending the Decree No. 143/2013/ND-CP.
3. Compensation for training costs for international students with their working agencies who are not civil servants or public employees as prescribed in points a and b, clause 1, Article 3 of this Decree,  unilaterally drop out, are disciplined in the form of forced expulsion from their schools, quit their jobs during the training period, or are not granted graduation degrees or certificates by training institutions, shall be paid by direct supervisory agencies of international students in accordance with regulations of Article 13 and Article 13a of this Decree.
4. Compensation for training costs for international students without their working agencies as prescribed in points a and b, clause 1, Article 3 of this Decree who unilaterally drop out, are disciplined in the form of forced expulsion from their schools, or are not granted graduation degrees or certificates by training institutions, shall be paid by sending agencies in accordance with regulations of Article 13 and Article 13a of this Decree.
5. Compensation for training costs for international students prescribed in point c, clause 1, Article 3 of this Decree shall be paid according to regulations on cooperation between Vietnamese state agencies and the foreign parties incurring the scholarships.”
Article 7. Amendments to Article 13
“Article 13. Compensations, and conditions for exemption from compensation for training costs
1. Compensation refers to total training cost, including tuition fees, travel expenses, living expenses, and other expenses related to study, paid from state budget to an international student as prescribed in points a and b, clause 1, Article 3 of this Decree and provided by the sending agency.
2. International students who are not civil servants or public employees as prescribed in points a and b, clause 1, Article 3 of this Decree shall compensate 100% of the training costs in one of the following cases:
a) Unilaterally dropping out or quitting their jobs during the training period;
b) Being disciplined in the form of forced expulsion from their schools;
c) Failing to be granted graduation degrees or certificates by training institutions.
3. International students not granted graduation degrees or certificates by training institutions are exempt from compensation for training costs in one of the following cases:
a) Suffering risks due to natural disasters, epidemics, or hostilities breaking out at the host country , as certified by the Vietnamese representative mission in the host country, the foreign educational institution, or competent authorities of the foreign party;
b) Suffering from critical illness or having health reasons certified by competent domestic or foreign medical establishments, stating that the students have insufficient health to continue studying abroad, or in case where international students have passed away.
4. In case the international student is not granted a graduation degree or certificate by the training institution due to reasons related to national security, national defense, or national interests, the sending agency (in case the working agency is not available) or the direct supervisory agency (in case the working agency is available) shall consider deciding exemption from compensation for training costs in accordance with regulations of Article 13a of this Decree.”
Article 8. Addition of Article 13a to Article 13
“Article 13a. Jurisdiction and procedures for exemption from compensation for training costs and collection of compensations
1. An application consists of:
a) An application form for exemption from compensation for training costs, (using Form No. 5a provided in the Appendix to this Decree);
b) Copies of one of the documents proving eligibility for exemption from compensation for training costs include: a certification issued by the Vietnamese representative mission in the host country, the foreign educational institution, or a competent authority of the foreign party in the case prescribed in point a, clause 3, Article 13 of this Decree; a certification issued by a competent domestic or foreign medical establishment in the case prescribed in point b, clause 3, Article 13 of this Decree (certifications written in foreign languages must be translated into Vietnamese); a death certificate or an extract of death registration issued by a competent state agency in case where the international student has passed away; and relevant documents and evidence (if any) in the case prescribed in clause 4, Article 13 of this Decree.
In case the sending agency or the direct supervisory agency may extract the aforementioned information from specialized databases or from state agencies, the international student or the student's family is not required to provide the above documents and shall only provide information to serve as a basis for data comparison and access.
2. Procedures:
a) An international student who is eligible for exemption from compensation for training costs as prescribed in clause 3 and clause 4, Article 13 of this Decree, or the student’s family, shall submit an application to the sending agency or the direct supervisory agency (in case the working agency is available) in person at the single window section, by post, or online through the National Public Service Portal or the National Digital Identification Application;
b) Within 05 working days from the date of receipt of the application, if it is invalid, the sending agency or the direct supervisory agency shall notify the international student or the student’s family to complete the application as prescribed;
c) Within 60 days from the date of receipt of the full and valid application, the sending agency or the direct supervisory agency shall consider issuing a decision on exemption from compensation for training costs to the international student.  The decision on exemption from compensation for training costs, (using Form No. 5b provided in the Appendix to this Decree) shall be sent to the international student or the student’s family.
3. The sending agency (in case the working agency is not available) or the direct supervisory agency (in case the working agency is available) shall issue a decision on 100% compensation for training costs in the case prescribed in clause 2, Article 13 of this Decree (except for cases of exemption from compensation for training costs). The decision on compensation for training costs, (using Form No. 5b provided in the Appendix to this Decree) shall be sent to the international student.
4. From the date of receipt of the decision on compensation for training costs, the international student shall be responsible for fully paying the compensation or making the payment in installments within a maximum period which does not exceed the training duration specified in the decision to send the student abroad. The sending agency and the direct supervisory agency (in case the working agency is available) shall be responsible for monitoring and collecting the compensation.
5. The compensation shall be paid to the sending agency or the direct supervisory agency that covered the expenses for the international student, or transferred to the state budget in accordance with regulations.
6. In case the international student fails to fulfill the responsibility for compensation for training costs as prescribed, or the direct supervisory agency of the international student, the sending agency (in case the working agency is not available), and the international student fail to reach an agreement on compensation for training costs, the involved parties shall have the right to lodge a complaint or initiate a lawsuit in accordance with the law. The sending agency or the direct supervisory agency of the international student shall be responsible for updating information in case compensation for training costs is compulsory into the Database System prescribed in clause 1, Article 4 of this Decree and other relevant databases in accordance with the law.
7. The collection of compensations from international students prescribed in point c, clause 1, Article 3 of this Decree shall comply with regulations on cooperation between Vietnamese state agencies and the foreign parties incurring the scholarships.”
Article 9. Amendments to Article 15
“Article 15. Provision of study abroad consultancy service and rights and responsibilities of study abroad consultancy service providers
1. Provision of study abroad consultancy service
a) Introducing and providing consultancy on educational policies of countries and territories; advising on selection of schools, courses, disciplines, and levels of study appropriate to students’ capabilities and aspirations;
b) Organizing advertisements, conferences, seminars, fairs, and exhibitions on study abroad in accordance with regulations of law; organizing admissions for study abroad;
c) Sending Vietnamese citizens to study abroad, and their parents or guardians to visit foreign training institutions in accordance with regulations of law;
d) Signing study abroad consultancy contracts with individuals who wish to study abroad or their parents or legal guardians based on the principles of mutual agreement and voluntary. The contract must clearly state academic discipline, name of education institution, host country, studying period, graduation degree or certificate; expenses and remuneration related to study abroad consultancy services to be incurred by students or parents or legal guardians thereof; rights, responsibilities, and commitment of each party; risk management solutions. Contracts that combine study abroad with working must not be signed;
dd) Publicly posting information at the head office and on the website of the study abroad consultancy service provider, including: establishment decision or enterprise registration certificate; information regarding disciplines, training programs, and educational quality accreditation or recognition of quality of education of foreign educational institutions that have signed cooperation agreements or student admission representation agreements with the study abroad consultancy service provider; information on tuition fees, living expenses, and service fees; and annual reports on operations conducted by the study abroad consultancy service provider submitted to state agencies; while being held legally responsible for the accuracy of the publicly posted information and contents;
le) Doing other activities related to provision of study abroad consultancy service.
2. Rights of the study abroad consultancy service provider
a) Be entitled to sign student admission representation agreements with foreign educational institutions;
b) Receive remuneration as agreed in study abroad consultancy contracts;
c) Exercise other rights as prescribed by relevant laws.
3. Responsibilities of the study abroad consultancy service provider
a) Ensure that staff directly engaged in provision of study abroad consultancy service have professional knowledge and competencies appropriate to study abroad consultancy; and prepare materials for introduction and provision of consultancy on educational policies of countries and territories, and information on schools, courses, disciplines, and training levels.
b) Honestly and accurately provide consultancy on conditions related to the accreditation of quality of foreign educational programs and institutions; estimated tuition fees, living expenses, and related fees; living conditions and overtime working policies in accordance with regulations of the host country; potential difficulties and risks that may arise during the course of study abroad;
c) Neither authorize nor accept authorization from other study abroad consultancy service providers to provide study abroad consultancy services for individuals wishing to study abroad;
d) Organize training and provide necessary information regarding politics, law, and the rights and responsibilities of international students, essential skills for Vietnamese citizens before they study abroad;
dd) Maintain contact and cooperate with foreign educational institutions to monitor and support international students during their study abroad; provide information on international students before they study abroad, and urge students to update their information to the database system specified in clause 1, Article 4 of this Decree; and proactively cooperate with relevant agencies to protect the legitimate rights and interests of international students;
e) Store dossiers on Vietnamese citizens studying abroad and related documents during their study abroad; provide information on assessment of the effectiveness of provision of study abroad consultancy service, and relevant dossiers, documents, and information when requested by state management agencies;
g) Comply with reporting regulations as prescribed in Article 28 of this Decree.”
Article 10. Amendments to point l clause 2 Article 19
“l) Submit reports by post, in person, or online to the direct supervisory agency every 06 months or on an ad-hoc basis (Form No. 06 in the Appendix issued together this Decree) in case of Vietnamese citizens teaching and conducting scientific research and academic exchange abroad for at least 01 year.  Within 20 working days from the end of the duration of teaching, research, and academic exchange in a foreign country, the individual must return to the country, report to his/her direct supervisory agency and the competent authority that has sent the Vietnamese citizen to teach or conduct scientific research, and academic exchange (if any) abroad, and update his/her information to the database system specified in Article 4 of this Decree.”
Article 11. Amendments to point a clause 1 Article 20
“a) Exercise the rights to cooperation with foreign parties as prescribed by relevant laws;”
Article 12. Amendments to Article 21
“Article 21. Responsibilities of the Ministry of Education and Training
1. Preside over and cooperate with ministries, central and local authorities in, performing state management of education regarding Vietnamese citizens studying, teaching, and conducting scientific research and academic exchange abroad; and comply with regulations on reporting in accordance with Article 28 of this Decree.
2. Preside over and cooperate with ministries, central and local authorities in, organizing inspections and handling violations against regulations on sending Vietnamese citizens to study, teach, and conduct scientific research and academic exchange abroad.”
Article 13. Amendments to, replacement and annulment of some regulations in the Decree No.  86/2021/ND-CP
1. The phrase “Bộ Lao động - Thương binh và Xã hội” (Ministry of Labour, Invalids and Social Affairs) in point d, clause 4, Article 5; clause 5, Article 26; and clause 1 and clause 3, Article 28 shall be annulled. The phrase “cơ sở đào tạo nghiệp vụ tư vấn du học” (study abroad consultancy training facilities) in point b, point d, and point e, clause 3, Article 28 shall be annulled.
2. Some words and phrases shall be replaced as follows:
a) The word “bồi hoàn" (reimbursement) shall be replaced with the word “đền bù” (compensation)” in point g, clause 2, Article 6; clause 4, Article 10; point d, clause 2, Article 11; and point c and point d, clause 4, Article 11;
b) The phrase “đường bưu điện " (via postal service) shall be replaced with the phrase “dịch vụ bưu chính” (by post)” in point e clause 2 Article 6, point a clause 3 Article 7, point a clause 3 Article 8, point a clause 3 Article 9;
c) The phrase “qua bưu điện " (via postal service) shall be replaced with the phrase “qua dịch vụ bưu chính” (by post)” in point d clause 1, point d clause 2, point d clause 3 Article 28.
3. Some phrases shall be added as follows:
a) The phrase “tại Bộ phận Một cửa” (at single window section) shall be added after the phrase “trực tiếp” (directly), and the phrase “tại Cổng Dịch vụ công quốc gia hoặc Ứng dụng định danh quốc gia” (on the National Public Service Portal or the National Digital Identification Application) shall be added after the word “trực tuyến” (online) in point a, clause 3, Article 7; point a, clause 3, Article 8; and point a, clause 3, Article 9;
b) The phrase “gồm có học phí" (including tuition fees) shall be added after the phrase “chi phí đào tạo” (training costs) in clause 1 and clause 2, Article 3.
4. Form No. 09, Form No. 10, and Form No. 11 in the Appendix issued together with the Decree No. 86/2021/ND-CP shall be amended as provided in the Appendix issued together with this Decree.
5. Point b, clause 4, Article 5; Article 16; Article 22; the 3rd bullet point of point g, clause 3, Article 28; and Form No. 14 in the Appendix issued together with the Decree No. 86/2021/ND-CP shall be annulled.
Article 14. Implementation clauses
1. This Decree takes effect from October 05, 2026.
2. If legislative documents referred to in this Decree are amended or replaced, the new documents shall prevail./.
3. Ministers, Heads of ministerial-level agencies, Chairpersons of People's Committees of provinces and cities, and relevant agencies, organizations and individuals shall be responsible for the implementation of this Decree.
Article 15. Transitional clauses
1. Regarding any international student to whom a decision on compensation for training costs has been issued by his/her direct supervisory agency or sending agency prior to the effective date of this Decree, regulations of the Decree No. 86/2021/ND-CP shall apply.
2. From the effective date of this Decree, if an international student is undergoing the training cost compensation review process and has not yet received a decision from his/her direct supervisory agency or sending agency, the regulations in Articles 6, 7, and 8 of this Decree shall apply.
 
 
 
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
(Signed and sealed)




Le Tien Chau
(This translation is for reference only)
 



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