THE CASE WHERE THE DEPARTMENT OF HEALTH “DETAINS” THE DIPLOMA OF DOCTORS: IS IT LEGAL?

THE CASE WHERE THE DEPARTMENT OF HEALTH “DETAINS” THE DIPLOMA OF DOCTORS: IS IT LEGAL?

The Department of Health of Quang Ngai kept the Diploma of doctors, although the doctors have paid all tuition fees by themselves. So is it legal?

Regarding the case the Department of Health of Quang Ngai kept the Diploma of doctors so that the doctors must return to their hometowns to serve. Lawyer Nguyễn Công Tín – FDVN Partnership Law Firm (Da Nang) provides legal opinions on reimbursing for training expenses (if any) and returning the university degree to the persons sent by the state agency to study. 

According to Lawyer Tin, depending on the learner’s category (elected, a public employee, not a public employee), the reimbursement for training expenses is governed by different legal sources.   

Clause 1 Article 2 of Decree No.134/2006/ND-CP date November  14, 2016, prescribing the recruitment regime to educational institutions at the university, college, and intermediate level of the national education system, amended and supplemented by Decree No.49/2015/ND-CP date May 15, 2015, of the Government (effective until the end of January 23, 2021), regulates on election as follows:

“The election is the recruitment of students that do not request to pass the entrance exam to universities, colleges, and intermediate schools for the purpose of training cadres and civil servants according to the task requirements, job positions, and staffing quotas; training public employees according to job needs, job positions, standards for job titles and salary funds of public non-business units for regions having extremely difficult socio-economic conditions and ethnic minorities that do not have or have very few officials with the university, college, and intermediate degrees.”

If the candidates are subject to election, the reimbursement for training expenses will comply with provisions in clause 3 Article 12, and point b clause 2 Article 13 of Decree No.134/2006/ND-CP dated 14 November 2006 as amended, supplemented by Decree No.49/2015/ND-CP dated 15 May 2015.

Regarding the state keeping the university degree of persons sent on training, Clause 1 Article 8 of the Law on Education 2005 (amended and supplemented in 2009, come into effect until 1 July 2020) regulates:

"1. Diplomas of the national education system are granted to learners after graduating from the educational level or training level prescribed by this Law.

Diplomas of the national education system include secondary school diplomas, high school diplomas, intermediate diplomas, college diplomas, bachelor degree, master degree, doctoral degree”.

Clause 1, Clause 2 Article 12 of the Law on Education 2019 regulates:

"1. Degrees/diplomas of the national educational system are conferred to learners upon successful completion of an educational level or educational program and meeting the graduation standards of the corresponding qualification as prescribed in this Law. 

2. Degrees/diplomas of the national educational system consist of the following: lower secondary diploma, upper secondary diploma, diploma of vocational secondary schools, college degree, bachelor degree, master degree, doctoral degree and degrees/diplomas of equivalent qualifications."

Article 20 of the Law on Labor 2012 regulates that employers are not allowed to perform the act of “Keeping the originals of the identity papers, diplomas, and certificates of the employees.”

Therefore, according to the current legal provisions, university diplomas are awarded to learners after graduation. The employers are not allowed to keep the original university degree of the employees. Even if a learner agrees in writing to let the State retain his/her university degree after graduation, the learner will not lose the right to get his/her university degree back by this written agreement. 

Accordingly, Lawyer Nguyễn Công Tín confirms: “Firstly, according to the current legal provisions, no matter which of the three subjects mentioned above, the level of reimbursement for training expenses must not exceed the amount spent by the State, the period of working under the State’s mobilization after graduation will be deducted when settling training expenses. Secondly, it is illegal to hold the original of the learner’s university degree.”

Previously, Ms. Vo Thi Thu T (born in 1997, living in Hanh Dung commune, Nghia Hanh district, Quang Ngai province) submitted a written request to all levels of Quang Ngai province wishing to get back her original diploma currently kept by the Department of Health of Quang Ngai province back. 

According to Ms. T, in 2015, she was one of 7 candidates on the list of persons who were sent by the People's Committee of Quang Ngai province for formal university-level General Medicine training at the University of Medicine Pham Ngoc Thach.

Ms. T said that during the time of studying, her family had to pay all tuition fees at Pham Ngoc Thach Medical University of 376,000,000 VND; All expenses for living, traveling, and studying for 6 years were also supported by her family. 

However, after she graduated, the Department of Health of Quang Ngai received and kept her degree until now. Now she wants to get her degree back, but the Department has not yet addressed it.

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