JOINT CIRCULAR No. 05/2003/TTLT/BGDĐT-BNV-BTC GUIDING SOME POLICIES FOR THE DEVELOPMENT OF PRESCHOOL EDUCATION

JOINT CIRCULAR

Guidelines on certain policies for the development of preschool education

Pursuant to Decree No. 86/CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
Pursuant to Directive No. 18/2001/CT-TTg dated August 27, 2001 of the Prime Minister on urgent measures to build up the teaching staff of the national education system;
Pursuant to Decision No. 201/2001/QD-TTg dated December 28, 2001 of the Prime Minister approving the Strategy for Education Development 2001-2010;
Pursuant to Decision No. 161/2002/QD-TTg dated November 15, 2002 of the Prime Minister on certain policies for the development of preschool education;
The Ministry of Education and Training, the Ministry of Home Affairs, and the Ministry of Finance jointly issue guidelines on certain policies for the development of preschool education as follows:

1. Developing plans and planning the network for preschool education development:

Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall direct:

1.1. To develop programs, projects, and orientations for the development of preschool education within the overall development plan of the local education and training sector, prioritizing the development of five-year-old kindergartens in the short term.

1.2. To plan the network of public and private preschool schools in accordance with the local socio-economic conditions and implement socialization of preschool education in the locality in the following manner:

1.2.1. To establish public preschool schools mainly in communes with particularly difficult socio-economic conditions in mountainous areas, border regions, and remote areas listed in the decision of the Prime Minister; communes in island regions, communes located in areas with regional allowances of 0.5 or more as stipulated in Decree No. 25/CP dated May 23, 1993 of the Government "Provisional Regulations on the New Salary System for Civil Servants, Administrative and Public Service Staff, and Military Personnel," and other relevant state documents.

1.2.2. To establish semi-public preschool schools mainly in rural areas not mentioned in Point 1.2.1 and in urban districts, towns, and market towns with limited socio-economic development conditions.

1.2.3. To encourage the establishment of privately-run and privately-owned preschool schools in urban districts, towns, market towns, industrial zones, and places with favorable socio-economic conditions. Such preschool schools are entitled to preferential treatment as prescribed in Decree No. 73-1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization in the fields of education, healthcare, culture, and sports;

Circular No. 18-2000/TT-BTC dated March 1, 2000 of the Ministry of Finance guiding the implementation of Decree No. 73-1999/NĐ-CP dated August 19, 1999; Joint Circular No. 26-2000-TTLT-BLĐTBXH-BTC dated October 20, 2000 of the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance guiding the implementation of social insurance regulations for workers employed in non-public institutions in the fields of education, healthcare, culture, and sports.

The State encourages and creates favorable conditions for public preschool schools to convert to semi-public status. The conversion process is determined by the Provincial People's Committee. During the implementation, localities need to have supportive policies regarding infrastructure to ensure the development of this type of school.

1.2.4. The conversion of public preschool schools in economically and socially developed areas, urban districts, towns, and industrial zones to operate under the semi-public model, applying the organizational and operational regulations of non-public institutions (annexed to Decision No. 89-2001/QĐ-BGDĐT dated August 28, 2001 of the Minister of Education and Training).

1.3. To implement plans for building preschool schools, enhancing teaching equipment, learning materials, and toys according to the local planning and programs.

2. Training and retraining preschool teachers:

2.1. The Ministry of Education and Training and the Provincial People's Committee continue to invest in improving physical facilities and teaching equipment, enhancing the qualifications of the teaching staff at affiliated teacher training institutions to meet the requirements for training, retraining, standardizing preschool teachers and management personnel, and adapting to the new content, curriculum, and teaching methods in preschool education.

2.2. Central and local preschool teacher training universities, colleges, and secondary schools should invest in improving the quality of faculty and staff, develop plans, and find optimal solutions for training new teachers and upgrading the qualifications of existing preschool teachers.

3. Preschool teacher staffing:

3.1. The number of administrative staff (principal, vice-principal) of preschool schools shall be implemented in accordance with Circular No. 13/TT dated September 4, 1993 of the Minister of Education and Training guiding the classification of schools and the allowance for appointed leadership positions in schools:

A Class I preschool has one principal and two vice-principals.

A Class II preschool has one principal and one vice-principal.

3.2. Preschool teachers in all types of preschool classes, regardless of public, semi-public, privately-run, or privately-owned, must meet the qualification standards as prescribed in Article 32 of the Charter of Preschool Schools (annexed to Decision No. 27-2000/QĐ-BGDĐT dated July 20, 2000 of the Minister of Education and Training).

3.3. The staffing level of preschool teachers in public and semi-public preschool schools established through conversion shall be implemented in accordance with Decision No. 304/CP dated August 29, 1979 of the Council of Ministers on the organizational structure and staffing of state-run kindergartens; Decree No. 17/HĐBT dated January 31, 1984 of the Council of Ministers (now the Government) on the organizational structure and staffing of kindergarten schools.

3.4. Recruitment into the state civil service for:

3.4.1. Principals and vice-principals of public and semi-public preschool schools.

3.4.2. Preschool teachers at public preschool schools and classes (newly established schools or consolidated and restructured schools) located in communes with particularly difficult socio-economic conditions in mountainous areas, border regions, and remote areas as determined by the Prime Minister's Decision. For preschool teachers who have been implementing indefinite-term contract systems within the quota of staff positions in the aforementioned communes, they will continue to implement such contract systems.

3.4.3. Core teachers in terms of professional expertise at public preschool schools located in island communes, communes in areas with regional allowances of 0.5 or higher as stipulated in Decree No. 25/CP dated May 23, 1993 of the Government "Provisional Regulations on New Salary Systems for Civil Servants, Administrative and Public Service Staff, and Armed Forces Personnel" and other relevant documents from competent state agencies.

In areas without preschool schools but having one to two preschool classes within primary schools, teachers responsible for these preschool classes shall be recruited into state staff positions.

A preschool school with three to four groups or classes shall recruit one core teacher into its staff position.

A preschool school with five to six groups or classes shall recruit two core teachers into its staff positions.

3.4.5. Recruitment into state staff positions according to current regulations.

3.5. For preschool teachers under state staff positions at semi-public preschool schools in rural areas; public preschool schools in cities, towns, industrial zones, and places with developed economic and social conditions when these schools convert to semi-public status, they will remain in state staff positions until retirement or transfer to other jobs.

From 2003, these schools will not recruit additional or replacement staff positions. If there is a shortage of teachers compared to the quota, they can recruit sufficient personnel through labor contracts. The signing of labor contracts is the responsibility of the School Principal after obtaining written approval from the Director of the Department of Education and Training. Short-term labor contracts are directly signed by the Principal with the employee.

4. Treatment and policies for preschool teachers:

4.1. Preschool teachers (regardless of school type) are entitled to preferential treatment:

4.1.1. Educational and professional training programs;

4.1.2. Reward systems for outstanding achievements in economic and social tasks and national defense as stipulated in Resolution No. 56-1998/NĐ-CP dated July 30, 1998 of the Government, Circular No. 25-2001/TT-BTC dated April 16, 2001 of the Ministry of Finance "Guidelines for Financial Management in Implementing Reward Systems for Outstanding Achievements in Economic and Social Tasks and National Defense" and current guiding documents;

4.1.3. Honorary titles for educators (People's Teacher, Distinguished Educator);

Criteria for awarding these titles are annually guided by the Ministry of Education and Training.

Monetary rewards accompanying these honorary titles are guided by the Ministry of Finance.

The state budget, according to current levels of authority, allocates funds for the aforementioned awards as stipulated in Decree No. 56-1998/NĐ-CP dated July 30, 1998 of the Government and Circular No. 25-2001/TT-BTC dated April 16, 2001 of the Ministry of Finance.

4.2. Regarding salary, allowances, social insurance, and health insurance.

4.2.1. Preschool teachers in state staff positions and those in contract positions within the quota of staff positions at public preschool schools, or those in state staff positions at public schools that converted to semi-public status from the date this Circular takes effect, shall enjoy salary systems, allowances, social insurance, and health insurance benefits as prescribed in Decree No. 25/CP dated May 23, 1993 of the Government "Provisional Regulations on New Salary Systems for Civil Servants, Administrative and Public Service Staff, and Armed Forces Personnel" and current documents.

4.2.2. Preschool teachers working at semi-public, private, or privately-run preschool schools (excluding those specified in Point 4.2.1) may participate in social insurance and health insurance according to state regulations and agreements between the school and teachers regarding contribution levels.

5. Financial sources for public and semi-public preschool schools:

5.1. State budget.

Localities should reasonably allocate funds within their local budgets to invest in preschool education. From now until 2005, efforts should be made to allocate at least 10% of the total state budget expenditure on education to preschool education, prioritizing funding for the construction of public preschool schools in communes with particularly difficult socio-economic conditions in mountainous areas, border regions, and remote areas as determined by the Prime Minister's Decision.

5.2. Tuition fees and contributions for school construction as stipulated by current regulations.

5.3. Donations, grants, and gifts from organizations and individuals both domestically and internationally.

5.4. Capital contributions from organizations and individuals for new construction, renovation, expansion, and upgrading of facilities.

5.5. Loans from banks and financial institutions with preferential interest rates.

6. Other legitimate sources of income.

6. Tuition fees and contributions for school construction:

Based on the tuition fee framework set by the Government and relevant guiding documents; based on the Decision of the Prime Minister and guiding documents from competent authorities regarding contributions for school construction; Provincial People's Committees shall determine tuition fees and contribution amounts for each educational level (kindergarten, nursery) suitable for each type of school (public, semi-public) and in accordance with actual conditions in each region and locality, subject to approval by the respective People's Councils.

7. Public preschool schools operate under the financial mechanism applicable to revenue-generating public service units as stipulated in Decree No. 10-2002/NĐ-CP dated January 16, 2002 of the Government, Circular No. 25-2002/TT-BTC dated March 21, 2002 of the Ministry of Finance, and other guiding documents on financial mechanisms for revenue-generating public service units. The use of tuition fees, contributions for school construction, donations, and other legitimate income shall follow general regulations on the collection and use of tuition fees and contributions in public schools within the national education system.

8. The financial management of public-private partnership kindergartens (including: new kindergartens built with initial infrastructure investment by the State; kindergartens in rural areas previously invested in by agricultural cooperatives now directly managed by the People's Committee of communes, wards, towns; kindergartens established through conversion of type) shall be carried out as follows:

8.1. Public-private partnership kindergartens implement a self-financing mechanism, permitted to use the entire amount of tuition fees and contributions for school construction, sponsorships, loans, and other lawful revenues to fund regular activities of the institution, maintain and develop its physical facilities.

8.2. Public-private partnership kindergartens must use revenues from student meal payments; contributions for school construction; targeted aid and sponsorships for their intended purposes.

8.3. For public-private partnership kindergartens and classes where tuition fees and other lawful revenues (excluding contributions for school construction; meal payments; targeted aid and sponsorships) are insufficient to cover salaries and social insurance, health insurance, trade union fees for contractual teachers within the staffing quota, the shortfall will be covered by the state budget (according to current budget management levels) to ensure payment of social insurance, health insurance, trade union fees, and salaries for these teachers at least at the minimum level prescribed by the State.

The budget support funds for this purpose shall be determined as follows:

Financial authorities shall allocate these funds to public-private partnership kindergartens according to current regulations.

8.4. Students eligible under policy attending public-private partnership kindergartens pay tuition fees as stipulated by the kindergarten and are reimbursed by the State according to the joint Circular No. 23-2001/TTLT-BTC-BLDTBXH dated April 6, 2001, of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs on guiding the implementation of policies exempting and reducing tuition fees for students and trainees eligible under policy studying at non-state educational institutions.

8.5. The state budget (according to current budget management levels) allocates funds to public-private partnership kindergartens to pay salaries and deductions according to wages (social insurance, health insurance, trade union fees) for the following categories:

Management staff (principals, vice-principals) recruited into state positions at public-private partnership kindergartens; kindergarten teachers recruited into positions in particularly difficult economic conditions communes listed in the Prime Minister's Decision No. 161-2002/QĐ-TTg regardless of whether they were recruited before or after December 1, 2002-the effective date of Decision No. 161-2002/QĐ-TTg.

Kindergarten teachers recruited into positions at public-private partnership kindergartens before December 1, 2002. These individuals enjoy salary and allowance benefits from the state budget until retirement.

8.6. Based on the local government budget balance (according to current budget management levels), localities consider providing funding support to public-private partnership kindergartens to ensure educational quality in the following areas:

Training, upgrading, and exchanging experiences in professional skills for teachers and management staff.

Promoting knowledge on childcare, nurturing, and education for parents and the community.

Organizing early childhood education competitions.

Purchasing equipment and supplies for childcare, nurturing, and education (teaching materials; toys).

Field trips for kindergarten students.

8.7. Budget preparation, allocation, and settlement of state budget support funds shall be carried out in accordance with current financial management regulations.

Implementation Organization:

9.1. This joint circular takes effect from December 1, 2002.

9.2. Local People's Committees at all levels are responsible for directing relevant agencies and subordinates to implement the Prime Minister's Decision No. 161-2002/QĐ-TTg dated November 15, 2002, and the guidance provided in this joint circular.

Based on the local Early Childhood Education Development Plan up to 2010 approved by the provincial People's Committee, the Department of Education and Training shall coordinate with the Civil Service Administration, the Department of Finance-Price Control, the Department of Planning and Investment, and other departments and sectors in the locality to develop and implement investment plans.

The Department of Education and Training and the Civil Service Administration shall develop and implement plans for the kindergarten teacher workforce in the locality.

Based on the approved kindergarten and class tuition fees and construction contributions by the Provincial People's Council, the provincial People's Committee shall decide, and the Departments of Finance-Price Control, Planning and Investment, and Education and Training shall implement construction plans according to planning; strengthen equipment and supplies for kindergartens and classes; ensure sufficient funds for regular operations and implementation of policies and benefits for kindergarten teachers, including salary support, social insurance, and health insurance.

The county-level People's Committee is responsible for developing programs and projects to promote early childhood education development according to the provincial People's Committee's directives; organizing the implementation of land use and basic construction planning for early childhood education facilities and ensuring the implementation of standards for kindergarten teacher policies and benefits after approval by competent authorities.

The People's Committee of communes, towns, and wards directly directs the construction of public and semi-public kindergarten schools within their respective communes, towns, and wards.

Kindergartens have the responsibility to ensure the quality of childcare and education for children in accordance with the regulations of the Ministry of Education and Training.

During the implementation process, if there are any difficulties or feedback, they should be promptly reported to the relevant ministries for consideration and resolution./.