JOINT CIRCULAR NO. 03/2012/TTLT-BGDĐT-BTC-BLĐTB&XH GUIDING THE IMPLEMENTATION OF POLICIES TO SUPPORT STUDY FOR CHILDREN, STUDENTS, AND COLLEGE STUDENTS OF ETHNIC GROUPS WITH VERY FEW POPULATION ACCORDING TO DECISION NO. 2123/QĐ-TTg OF THE PRIME MINISTER ON APPROVING THE PLAN FOR EDUCATIONAL DEVELOPMENT FOR ETHNIC GROUPS WITH VERY FEW POPULATION FOR THE PERIOD OF 2010-2015

JOINT CIRCULAR

Guidelines for implementing policies to support education for children, students, and college students from ethnic minority groups with very small populations pursuant to Decision No. 2123/QĐ-TTg dated November 22, 2010 of the Prime Minister approving the Project on Developing Education for Ethnic Minority Groups with Very Small Populations for the period 2010-2015

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Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decision No. 2123/QĐ-TTg dated November 22, 2010 of the Prime Minister approving the Project on Developing Education for Ethnic Minority Groups with Very Small Populations for the period 2010-2015,

The Ministry of Education and Training, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs provide guidelines for implementing policies to support education for children, students, and college students from ethnic minority groups with very small populations as stipulated in Decision No. 2123/QĐ-TTg dated November 22, 2010 of the Prime Minister (hereinafter referred to as Decision No. 2123/QĐ-TTg) approving the Project on Developing Education for Ethnic Minority Groups with Very Small Populations for the period 2010-2015 as follows:

Article 1. Scope of Regulation and Applicability

1. Scope of Application: This Circular provides guidelines for implementing policies to support education for children, students, and college students from ethnic minority groups with very small populations as stipulated in Point 4, Section IV, Article 1 of Decision No. 2123/QĐ-TTg.

2. Applicable Subjects: Children aged 3 to 5 years old, students, and college students from nine ethnic minority groups with very small populations including O Du, Pu Peo, Si La, Ro Mam, Cong, Brau, Bo Yi, Mang, and Co Lao whose families reside in six provinces of Lao Cai, Ha Giang, Dien Bien, Lai Chau, Nghe An, and Kon Tum currently studying at public educational institutions and vocational training centers in various provinces and cities of Vietnam.

Article 2. Conditions for Receiving Support Policies

Children aged 3 to 5 years old, students, and college students who fall under the subjects specified in Clause 2, Article 1 of this Circular shall be eligible to receive support policies for education when they meet the following two conditions:

1. Their families reside in areas with particularly difficult economic and social conditions as defined in the following documents:

- Decision No. 164/2006/QĐ-TTg dated July 11, 2006 of the Prime Minister regarding the approval of the list of communes with special difficulties, border communes, and safe area communes included in the investment program for socio-economic development of communes with special difficulties in ethnic minority and mountainous regions for the period 2006-2010 (Phase II of Program 135);

- Decision No. 113/2007/QĐ-TTg dated July 20, 2007 of the Prime Minister regarding the approval of the list of communes that have completed the objectives of the socio-economic development program for ethnic minority and mountainous regions, border areas, and remote and far-flung areas for the period 1999-2005, supplementing communes, villages, and hamlets into the investment scope of Phase II of Program 135 and communes in coastal and island areas into the investment scope of the National Target Program on Poverty Reduction for the period 2006-2010;

- Decision No. 01/2008/QĐ-UBDT dated January 11, 2008 of the Committee for Ethnic Minorities regarding the approval of the list of extremely poor hamlets in commune areas II included in the investment scope of Phase II of Program 135;

- Decision No. 69/2008/QĐ-TTg dated May 28, 2008 of the Prime Minister regarding the approval of the supplementary list of communes with special difficulties, border communes, and safe area communes included in the investment scope of Phase II of Program 135 and the list of communes removed from the investment scope of Phase II of Program 135;

- Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government regarding the Program on Rapid and Sustainable Poverty Reduction for 61 Poor Districts;

- Decision No. 1105/QĐ-TTg dated July 28, 2009 of the Prime Minister regarding the approval of the supplementary list of communes with special difficulties, border communes, and safe area communes included in the investment scope of Phase II of Program 135 and the list of communes that have completed their objectives and been removed from the investment scope of Phase II of Program 135.

2. They are members of households classified as poor (as defined by the Government's poverty standard and the decision of the People's Committee of each district annually).

Article 3. Level of Support, Duration of Eligibility, and Form of Support

1. Level of support:

a) Group 1: Comprises children aged 3 to 5 years old, students, and college students studying at public schools collectively referred to as educational institutions, specifically as follows:

- For children aged 3 to 5 years old (reaching 3, 4, or 5 years old during the school year according to their birth certificate) belonging to poor households currently studying at public kindergartens, they will receive a monthly support amount equal to 30% of the national minimum wage per child.

- For elementary school students belonging to poor households currently studying at village schools, they will receive a monthly support amount equal to 40% of the national minimum wage per student; for elementary school students belonging to poor households studying at boarding schools for ethnic minorities and residing there, they will receive a monthly support amount equal to 60% of the national minimum wage per student.

- For junior high school students belonging to poor households currently studying at boarding schools for ethnic minorities and residing there, they will receive a monthly support amount equal to 60% of the national minimum wage per student; for junior high school students belonging to poor households studying at county-level boarding schools for ethnic minorities, they will receive a scholarship equal to 100% of the national minimum wage per student per month.

- For high school students belonging to poor households currently studying at provincial-level boarding schools for ethnic minorities and multi-grade boarding schools for junior high and high school, they will receive a scholarship equal to 100% of the national minimum wage per student per month.

- For students and college students belonging to poor households currently studying at preparatory faculties for universities, colleges, and vocational schools, they will receive a scholarship equal to 100% of the national minimum wage per person per month.

b) Group 2: Comprises students and college students belonging to poor households currently studying at public vocational colleges, technical colleges, and vocational training centers collectively referred to as vocational training institutions, they will receive a scholarship equal to 100% of the national minimum wage per person per month.

2. Duration of Eligibility for Support: 12 months per year for subjects with a study period of 9 months or more per year; in cases where the subjects do not complete 9 months of study per year, they will be eligible for support based on the actual duration of study.

3. Costs for supporting education will be paid in cash; calculated based on the national minimum wage as stipulated by the Government during each period.

Article 4. Documents, procedures, formalities, and methods of payment

1. The documents for reviewing the grant of study support funds include:

- Application for study support (model forms attached to this Circular: Appendix I for kindergarten and primary school students; model form according to Appendix II for high school and university students studying at preparatory faculties, universities, colleges, vocational schools, and training centers);

- Birth certificate (copy);

- Poverty certification issued by the People's Committee of the commune (copy).

The application for study support and copies of the birth certificate only need to be submitted once when applying for review within the same educational institution.

2. Procedures and timeframes:

a) For children aged 3 to 5 years old, students studying at educational institutions (Group 1) under the People's Committees of six provinces: Lào Cai, Hà Giang, Điện Biên, Lai Châu, Nghệ An, and Kon Tum:

- At the beginning of the academic year, the educational institution with students from ethnic minorities organizes the dissemination and wide announcement, guiding parents (or guardians, foster parents) of kindergarten children or students who are eligible to write and submit applications for study support.

Parents (or guardians, foster parents) of kindergarten children or students must present the original and one copy of the required documents when submitting the application at the educational institution. The person receiving the application will compare the copy with the original, sign to confirm the authenticity of the copy, and clearly write their name on the copy to be included in the file.

Within 45 days from the start of the academic year, the educational institution compiles a list of kindergarten children, students who have applied for study support funds, along with the review documents, and sends them to the Department of Education and Training (for educational institutions managed by the People's Committee of the district) or the Provincial Department of Education and Training (for educational institutions managed by the People's Committee of the province).

- Within 15 working days from receiving the documents, the Provincial Department of Education and Training or the District Department of Education and Training will organize the verification of the documents, approve the list of beneficiaries, and notify the results to the educational institutions.

- Educational institutions will publicly post the list of beneficiaries and immediately implement the payment upon receipt of the notification result.

b) For students studying at vocational training institutions (Group 2) under the People's Committees of six provinces: Lào Cai, Hà Giang, Điện Biên, Lai Châu, Nghệ An, and Kon Tum:

- At the beginning of the academic year/course, the vocational training institution with students from ethnic minorities organizes the dissemination and wide announcement, guiding students who are eligible to write and submit applications for study support.

Students must present the original and one copy of the required documents when submitting the application at the vocational training institution. The person receiving the application will compare the copy with the original, sign to confirm the authenticity of the copy, and clearly write their name on the copy to be included in the file.

Within 45 days from the start of the academic year/course, all vocational training institutions located in the district compile a list of students who have applied for study support funds, along with the review documents, and send them to the District Department of Labor, Invalids, and Social Affairs.

- Within 15 working days from receiving the documents, the District Department of Labor, Invalids, and Social Affairs will organize the verification of the documents, approve, publicly post the list of beneficiaries, and implement the payment.

c) For kindergarten children aged 3 to 5 years old, students eligible for benefits in Groups 1 and 2 studying at educational institutions and vocational training centers under the central management and those directly under the People's Committees of other provinces/cities except for Lào Cai, Hà Giang, Điện Biên, Lai Châu, Nghệ An, and Kon Tum:

- At the beginning of the academic year/course, the educational institution and vocational training center with students from ethnic minorities organize the dissemination and wide announcement, guiding parents (guardians, foster parents) of kindergarten children or students who are eligible to write and submit applications for study support.

Within 30 days from the start of the academic year/course, parents (guardians, foster parents) of kindergarten children or students must prepare an application for study support funds, confirmed by the educational institution or vocational training center where they are studying, and send it to the District Department of Labor, Invalids, and Social Affairs where their family resides, along with certified copies of the required documents as stipulated in Clause 1 of this Article.

In cases where the policy being enjoyed at the place of study has the same nature but offers lower benefits than the study support policy specified in this Circular, the educational institution or vocational training center must clearly state the amount received, duration/year, and specify the cessation period for the Department of Labor, Invalids, and Social Affairs to consider.

In cases where the policy being enjoyed at the place of study has the same nature but offers higher benefits than the study support policy specified in this Circular, the student can continue to enjoy the policy currently implemented at the educational institution or vocational training center.

- Within 15 working days from receiving the documents, the District Department of Labor, Invalids, and Social Affairs will organize the verification, approval, public posting of the list of beneficiaries, and implement the payment.

3. Methods of payment:

- Depending on specific management conditions, kindergartens and primary schools may agree with the Parent-Teacher Association to determine appropriate payment methods (encouraging educational institutions to provide centralized meals for students).

- The Department of Labor, Invalids, and Social Affairs will coordinate with the District Department of Finance and Planning to directly pay the study support funds to students or through their parents.

- Depending on the actual situation of each locality, the payment of study support costs can be made monthly, quarterly, or per semester/session.

Article 5. On the sources of funding

1. Sources of funding: The funding for the policy on preschool children aged 3 to 5 years old, students, and ethnic minority students as stipulated in this Circular shall be balanced within the annual state budget for educational and training expenses at the local level.

2. The central government will support 100% of the funding for localities to implement the study support policies as prescribed in this Circular.

Article 6. On the preparation, management, utilization, and settlement of funding

1. The preparation and allocation of the annual budget for implementing the study support policy for preschool children, students, and ethnic minority students shall be carried out simultaneously with the preparation and allocation of the annual state budget at the local level. The budget must clearly specify the funding for implementing the study support policy for preschool children, students, and ethnic minority students and the number of beneficiaries.

Funding for study support for preschool children aged 3 to 5 years old and students studying at educational institutions under provincial management shall be balanced within the annual state budget allocated to these educational institutions.

Funding for study support for children, students, and vocational students studying at educational institutions outside the province, managed by the central government, and all vocational institutions shall be balanced within the annual state budget allocated through the Department of Labor, Invalids, and Social Affairs of the district where the families of the children, students, and vocational students reside.

2. Agencies allocated budgets according to Clause 1 of Article 5 of this Circular shall be responsible for preparing the budget, managing, disbursing study support funds to the correct recipients, and settling accounts with the state budget in accordance with the relevant laws.

The procedures, responsibilities, and authorities in preparing the budget, executing, and settling accounts for educational support funds shall be carried out in accordance with the State Budget Law and the current administrative levels of management.

3. Financial agencies at all levels shall be responsible for ensuring the funding for support, guiding management, and inspecting and supervising the implementation.

4. The State Treasury shall implement control, disbursement, and payment of study support funds in accordance with the current regulations of the Ministry of Finance regarding guidelines for the management, disbursement, and payment of state budget expenditures through the State Treasury; consumption regimes, and provisions in this Circular.

5. Each year, the People's Committee of provinces and centrally-administered cities shall base their plans for economic and social development and the state budget estimates on the directives of the Prime Minister, the Circulars issued by the Ministry of Finance on the preparation of state budget estimates, and the number of beneficiaries to prepare the study support funding budget, which shall be included in the overall state budget estimate of the locality and submitted to the Ministry of Finance together with the report on the state budget plan for the planning year; at the same time, they shall submit reports to the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs for coordinated management. 1. This Circular takes effect from March 5, 2012.

Article 7. Implementation Provisions

2. The implementation period for the study support policy for the subjects specified in this Circular is from September 1, 2011, to December 31, 2015.

3. Subjects benefiting from the study support policy as prescribed in this Circular who simultaneously benefit from multiple similar policies shall only enjoy the most favorable policy.

4. In cases where the referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents.

4. In case the referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to such new documents.