JOINT CIRCULAR No. 03/2012/TTLT-BGDĐT-BTC-BLĐTBXH GUIDING THE IMPLEMENTATION OF POLICIES TO SUPPORT EDUCATION FOR CHILDREN, STUDENTS, AND COLLEGE STUDENTS FROM ETHNIC MINORITIES WITH VERY SMALL POPULATIONS PURSUANT TO DECISION No. 2123/QĐ-TTg DATED NOVEMBER 22, 2010 OF THE PRIME MINISTER APPROVING THE PROGRAM TO DEVELOP EDUCATION FOR ETHNIC MINORITIES WITH VERY SMALL POPULATIONS FOR THE PERIOD 2010-2015

JOINT CIRCULAR

Guidelines for implementing support policies for education for children, students, and university students from ethnic minorities 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 Minorities 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 Minorities 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 support policies for education for children, students, and university students from ethnic minorities 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 Minorities with Very Small Populations for the period 2010-2015 as follows:

Article 1. Scope of Regulation and Applicability

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

Article 2. Objectives: Children aged 3-5 years old, students, and university students belonging to nine ethnic minorities with very small populations, including O Du, Pu Peo, Si La, Ro Mam, Cong, Brau, Bo Y, 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, training centers, and vocational schools in various provinces and cities of Vietnam.

Article 2. Conditions for Receiving Support Policies for Education

Children aged 3-5 years old, students, and university students falling under the category specified in Clause 2, Article 1 of this Circular shall be entitled to support policies for education if they meet the following two conditions:

1. Having families residing 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 extremely difficult communes, border communes, and safe area communes included in the investment scope of the Socio-Economic Development Program for Communes with Particularly Difficult Conditions in Ethnic Minority and Mountainous Areas 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 Areas, Border Areas, and Remote Areas for the period 1999-2005, supplementing communes, villages, and hamlets to the investment scope of Phase II of Program 135, and communes in coastal and island areas included in 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 difficult hamlets in Commune Zone 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 extremely difficult communes, 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 on the Program for Rapid and Sustainable Poverty Reduction in 61 Poor Districts;

- Decision No. 1105/QĐ-TTg dated July 28, 2009 of the Prime Minister regarding the approval of the supplementary list of extremely difficult communes, 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. Being a member of a poor household (according to the poverty standard set by the Government and the poor household status determined annually by the People's Committee of each district).

Article 3. Level of support, duration of entitlement, and form of receipt

1. Level of support:

a) Group 1: includes children aged 3 to 5 years old, students enrolled in 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) from poor households attending public preschool education institutions shall receive support at a rate of 30% of the national minimum wage per child per month.

- For elementary school students from poor households attending village or commune schools shall receive support at a rate of 40% of the national minimum wage per student per month; elementary school students from poor households attending boarding schools for ethnic minorities and residing in boarding facilities shall receive support at a rate of 60% of the national minimum wage per student per month.

- For junior high school students from poor households attending boarding schools for ethnic minorities and residing in boarding facilities shall receive support at a rate of 60% of the national minimum wage per student per month; junior high school students from poor households attending county-level boarding schools for ethnic minorities shall receive scholarships at a rate of 100% of the national minimum wage per student per month. - For high school students from poor households attending provincial-level boarding schools for ethnic minorities and multi-grade boarding schools for junior high and high school students shall receive scholarships at a rate of 100% of the national minimum wage per student per month.

- For students from poor households attending college preparatory departments, universities, colleges, and vocational secondary schools shall receive scholarships at a rate of 100% of the national minimum wage per person per month.

b) Group 2: includes students from poor households attending vocational colleges, secondary vocational schools, and public vocational training centers (collectively referred to as vocational training institutions) shall receive scholarships at a rate of 100% of the national minimum wage per person per month.

2. Duration of entitlement to support: 12 months per year for those with a study period of 9 months or more per year; in cases where the study period is less than 9 months per year, they shall be entitled to support based on the actual study period.

3. The cost of educational support shall 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 application documents for educational support funding include:

- Application for educational support (model forms attached to this Circular: Appendix I for kindergarten and general education students; model form according to Appendix II for university, college, and vocational secondary school students and vocational training institution students);

- Birth certificate (copy);

- Certificate of poverty issued by the People's Committee of the commune (copy).

The application for educational support and copy of the birth certificate only need to be submitted once when applying for the first time within the same educational institution.

2. Procedures and timeframes:

a) For children aged 3 to 5 years old, students enrolled in 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 school year, educational institutions with very few ethnic minority students enrolled shall organize widespread dissemination, notification, and guidance for parents (or guardians, foster parents) of kindergarten children or students who are eligible for the policy to write and submit applications for educational 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 shall 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 application file.

Within 45 days from the start of the school year, the educational institution shall compile a list of kindergarten children, students who have applied for educational support funding, along with the application files, and send 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 the date of receipt of the application, the Provincial Department of Education and Training or the District Department of Education and Training shall review the application, approve the list of eligible recipients, and notify the results to the educational institutions.

- Educational institutions shall publicly post the list of eligible recipients and immediately implement the payment upon receiving the notification of the results.

b) For students enrolled in 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 school year/course, vocational training institutions with very few ethnic minority students enrolled shall organize widespread dissemination, notification, and guidance for students who are eligible for the policy to write and submit applications for educational 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 shall 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 application file.

Within 45 days from the start of the school year/course, all vocational training institutions located in the district shall compile a list of students who have applied for educational support funding, along with the application files, and send them to the District Department of Labor, Invalids, and Social Affairs.

- Within 15 working days from the date of receipt of the application, the District Department of Labor, Invalids, and Social Affairs shall review the application, approve, publicly post the list of eligible recipients, and implement the payment.

c) For kindergarten children aged 3 to 5 years old, students enrolled in educational institutions and vocational training institutions under the Central Management and those directly under the People's Committees of other provinces, cities different from the six provinces of Lào Cai, Hà Giang, Điện Biên, Lai Châu, Nghệ An, and Kon Tum:

- At the beginning of the academic year/course, educational institutions and vocational training centers with children, students from ethnic minorities with very few members shall widely disseminate and guide parents (guardians, foster parents) of preschool children or students who are eligible for support policies to write and submit applications for study assistance.

Within thirty days from the start of the academic year/course, parents (guardians, foster parents) of preschool children or students must submit an application for study support funds, certified by the educational institution or vocational training center where they are enrolled, to the Department of Labor, Invalids, and Social Affairs at the district level where their family resides, along with certified copies of the required documents as stipulated in Clause 1 of this Article.

In cases where the educational institution or vocational training center offers similar policies but with lower benefits compared to the study support policy specified in this Circular, the educational institution or vocational training center must clearly state the amount of benefit received, the duration of benefit/receipt year, and confirm the specific period of cessation for the Department of Labor, Invalids, and Social Affairs to review.

In cases where the educational institution or vocational training center offers similar policies but with higher benefits compared to the study support policy specified in this Circular, the child, student will only continue to enjoy the policy currently implemented at the educational institution or vocational training center.

Within fifteen working days from receiving the application, the Department of Labor, Invalids, and Social Affairs shall organize an assessment, approval, and publicly post the list of beneficiaries and implement payment.

3. Methods of payment:

- Depending on specific management conditions, preschool and general education institutions 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 shall coordinate with the Financial Planning Department at the district level to directly pay 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 carried out monthly, quarterly, or per semester/academic year.

Article 5. On Funding Sources

1. Funding sources: The funding for the policy towards preschool children aged 3-5 years old and students from ethnic minorities with very few members as prescribed in this Circular shall be balanced within the annual budget for educational and training expenses of the locality.

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

Article 6. On Budget Preparation, Management, Utilization, and Settlement of Accounts

1. The preparation and allocation of the budget for implementing the study support policy for preschool children and students shall be carried out simultaneously with the annual state budget preparation and allocation process at the local level. The budget must specify the funding for the study support policy for preschool children and students from ethnic minorities with very few members and the number of beneficiaries.

The study support funding for preschool children aged 3-5 years old and students studying at educational institutions managed by the province shall be balanced within the annual state budget allocated to these educational institutions.

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

2. Agencies allocated budgets according to Clause 1 of Article 5 of this Circular are responsible for preparing the budget, managing, disbursing study support funds accurately to the beneficiaries, and settling accounts with the state budget in accordance with the law.

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 control, issue, and settle study support funds according to current regulations of the Ministry of Finance regarding the management, issuance, and settlement of state budget expenditures through the State Treasury; consumption systems, and provisions in this Circular.

5. Annually, provincial people's committees and municipal people's committees under the central government shall base on the Prime Minister's Directive on building economic and social development plans and state budget estimates, the Circular guiding the Ministry of Finance on building state budget estimates, and the number of beneficiaries to prepare the study support budget estimate, which is included in the overall state budget estimate of the locality submitted to the Ministry of Finance together with the state budget estimate report for the planning year; at the same time, send reports to the Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs for coordinated management.

Article 7. Implementation Provisions

1. This Circular takes effect from March 5, 2012.

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

3. Subjects eligible for study support policies under this Circular who simultaneously enjoy multiple similar policies shall only receive the policy with the highest benefit.

4. If 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./.