Decree No. 06/2018/ND-CP stipulates support policies for lunch for kindergarten children and policies for preschool teachers.

DECREE

REGULATIONS ON POLICIES TO SUPPORT LUNCH FOR PRESCHOOL CHILDREN AND POLICIES FOR PRESCHOOL TEACHERS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Law on Children dated April 5, 2016;

At the proposal of the Minister of Education and Training;

and measures for implementation"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."These regulations stipulate policies to support lunch for preschool children and policies for preschool teachers.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates policies to support lunch for preschool children and policies for preschool teachers.

Article 2. Applicability

This Decree applies to:

1. Preschool children (excluding very few ethnic minority children as defined in Article 57/2017/NĐ-CP dated May 9, 2017 of the Government regarding preferential enrollment policies and study support for preschool children, students, and university students from very few ethnic minorities) currently enrolled in preschool classes at educational institutions for early childhood education as specified in Article 3 of this Decree.

2. Preschool teachers as defined in Article 7 of this Decree.

3. Relevant agencies, organizations, and individuals.

Chapter II

POLICIES TO SUPPORT LUNCH FOR PRESCHOOL CHILDREN

Article 3. Conditions for Receiving Lunch Support

Preschool children currently enrolled in preschool classes at educational institutions for early childhood education must meet one of the following conditions:

1. Have parents or have a father or mother or caregiver or reside in particularly difficult communes, villages, or towns in ethnic minority and mountainous areas, particularly difficult coastal and island communes according to the Prime Minister's regulations.

2. Do not have a source of care as defined in Clause 1, Article 5 of Decree No. 136/2013/NĐ-CP dated October 21, 2013 of the Government regarding social assistance policies for social welfare beneficiaries.

3. Be a member of a household classified as poor or near-poor according to the Prime Minister's regulations.

Article 4. Content and Duration of Lunch Support

1. Preschool children belonging to the categories defined in Article 3 of this Decree shall be supported with lunch expenses equivalent to 10% of the basic salary per child per month.

2. The duration of support for preschool children belonging to the category defined in Clause 1, Article 2 of this Decree shall be calculated based on actual months of schooling, but not exceeding nine months per academic year.

Article 5. Procedures for Lunch Support

1. Documents

a) Parents or caregivers of preschool children belonging to the category defined in Clause 1, Article 3 of this Decree shall submit one of the following documents:

- A copy attached with the original for verification or a certified copy of the household registration book or information about the individual identification number of the child or the parent or the caregiver;

- A certificate from the police authority regarding permanent residence registration (in case the household registration book is lost).

b) Parents or caregivers of preschool children belonging to the category defined in Clause 2, Article 3 of this Decree shall submit one of the following documents:

- A copy attached with the original for verification or a certified copy of the Decision on Social Assistance Benefits issued by the Chairman of the District People's Committee;

- A copy attached with the original for verification or a certified copy of the Confirmation Document from the Commune People's Committee or social welfare institution regarding the status of orphaned, abandoned children or other cases as defined in Clause 1, Article 5 of Decree No. 136/2013/NĐ-CP dated October 21, 2013 of the Government regarding social assistance policies for social welfare beneficiaries;

- A copy attached with the original for verification or a certified copy of the Adoption Certificate for orphaned, abandoned children or other cases as defined in Clause 1, Article 5 of Decree No. 136/2013/NĐ-CP dated October 21, 2013 of the Government regarding social assistance policies for social welfare beneficiaries.

c) Parents or caregivers of preschool children belonging to the category defined in Clause 3, Article 3 of this Decree shall submit a copy and bring the original for verification or a certified copy of the Poverty Certificate or Near-Poverty Certificate issued by the Commune People's Committee.

2. Procedure and Timeframe for Implementation

a) In August each year, educational institutions for early childhood education organize wide dissemination and notification, and guide parents or caregivers of eligible children to submit applications for lunch support;

b) Within fifteen working days from the date of notification by the educational institution for early childhood education, parents or caregivers of eligible children shall submit directly or through postal service one set of application documents as prescribed in point a, b, or c of Clause 1 of this Article to the educational institution for early childhood education. Each applicant submits one set of documents for each initial application during their time at the educational institution for early childhood education. For those under Clause 3 of Article 3 of this Decree, they must additionally submit a Poverty Certificate or Near-Poverty Certificate annually;

The educational institution for early childhood education receives and checks the application documents. If the submitted copies are not certified by the competent authority, the person receiving the documents will verify against the original, sign confirmation on the copy to include it in the file, and request additional documents if necessary. After receiving valid applications, the educational institution for early childhood education issues a receipt to the parents or caregivers of the children. If the application sent via postal service does not meet requirements, the educational institution for early childhood education will notify the parents or caregivers of non-receipt and reasons;

c) Within ten working days from the deadline for submission, the educational institution for early childhood education compiles a list of preschool children eligible for lunch support (Form No. 01 as specified in the Appendix to this Decree) along with the application documents as prescribed in Clause 1 of this Article and sends it to the Department of Education and Training where the educational institution for early childhood education is located for consolidation and review;

d) Within seven working days from the date of receipt of the application documents from the educational institution for early childhood education, the Department of Education and Training reviews the documents, compiles a list of preschool children eligible for lunch support (Form No. 02 as specified in the Appendix to this Decree), and forwards it to the financial department at the same level for approval by the County People's Committee;

e) Within seven working days from the date of receipt of the application documents from the Department of Education and Training, the County People's Committee approves the list of preschool children eligible for lunch support and notifies the results to the educational institution for early childhood education; sends to the provincial finance department and the provincial education and training department for consolidation and review.

e) Within seven working days from the date of receipt of the report of the People's Committee at the district level, the Department of Finance shall take the lead in coordinating with the Department of Education and Training to appraise and consolidate the budget funds for providing midday meals to preschool children (Form No. 03 stipulated in the Appendix attached hereto); and simultaneously submit the report to the Ministry of Finance and the Ministry of Education and Training.

g) After the competent authority approves the list of preschool children eligible for midday meal support, the early childhood education institution shall publicly announce and organize the implementation of the disbursement of such support. The early childhood education institution shall be responsible for receiving applications and submitting them to the competent authority for appeal resolution regarding the approval results (if any) within ten working days from the date of announcement of the results.

Article 6. Methods of Disbursement for Midday Meal Support

1. The disbursement of midday meal support funds shall be carried out twice during the academic year: The first time, full payment for four months shall be made in October or November each year; the second time, full payment for five months shall be made in February or March each year.

2. Methods of Disbursement

Based on the actual management and organization of midday meals by the school, the leadership of the early childhood education institution shall coordinate with the Parent-Teacher Association to select one of the following two methods:

a) Method 1: The early childhood education institution retains the support funds to organize midday meals for children (encouraging the early childhood education institution to prepare meals for children).

b) Method 2: Direct cash payment to parents or caregivers of children as stipulated in Clause 1 of this Article.

For public early childhood education institutions: The early childhood education institution shall be responsible for receiving the funds and making the payments. Based on the actual management and organization of midday meals, the leadership of the early childhood education institution shall coordinate with the Parent-Teacher Association to decide on one of the above two methods.

For private early childhood education institutions: The Department of Education and Training shall be responsible for receiving the funds and organizing coordination with the early childhood education institution to implement the payments. Based on the actual management and organization of midday meals, the leadership of the early childhood education institution shall coordinate with the Parent-Teacher Association to decide on one of the above two methods.

3. In cases where parents or caregivers have not received the midday meal support funds within the time limit stipulated in Clause 1 of this Article, they may claim the funds in the next payment period.

4. In cases where children transfer schools, the early childhood education institution shall be responsible for returning the application for midday meal support to the parents or caregivers of the child. The early childhood education institution where the child transfers to shall be responsible for reporting to the Department of Education and Training to request the Chairman of the People's Committee at the district level to issue a decision to transfer the funds or provide additional funds for the early childhood education institution where the child transfers to to implement the midday meal support payments as stipulated in Clause 2 of Article 5 of this Decree.

5. In cases where children withdraw from school, the early childhood education institution shall be responsible for notifying the Department of Education and Training to report to the People's Committee at the district level to stop implementing the policy payments.

Chapter III

POLICIES FOR EARLY CHILDHOOD EDUCATION TEACHERS

Article 7. Eligible Recipients of Policies

1. Early childhood education teachers (including deputy principals) working under labor contracts within the approved teacher quota by the competent authority in public early childhood education institutions.

2. Early childhood education teachers (including principals and deputy principals) currently working in privately-run or privately-owned early childhood education institutions.

3. Early childhood education teachers (including principals and deputy principals) directly caring for and educating preschool children from ethnic minorities in areas with particularly difficult socio-economic conditions.

4. Early childhood education teachers directly teaching two sessions per day in mixed-age groups or classes in scattered locations, or directly teaching Vietnamese language enhancement classes in mixed-age groups or classes with ethnic minority children in scattered locations in public early childhood education institutions in areas with difficult or particularly difficult socio-economic conditions as prescribed by the Prime Minister.

Article 8. Content and Implementation Methods of the Policy

1. Subjects specified in Clause 1, Article 7 of this Decree

a) The subjects specified in Clause 1, Article 7 of this Decree who meet the criteria for the position of Kindergarten Teacher Grade IV (code V.07.02.06) or higher shall be eligible to enter into labor contracts, receive salaries at the position of Kindergarten Teacher Grade IV (code V.07.02.06) according to the salary table prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, and armed forces personnel, and Decree No. 17/2013/NĐ-CP dated February 19, 2013 of the Government amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP, and shall enjoy benefits and policies as stipulated under current regulations applicable to kindergarten teachers who are public officials in state-run kindergarten institutions. The time and grade of salary received when implementing the labor contract system will be continued to be used for determining salary grades and implementing policies when recruited under the working contract system.

b) Procedures for reviewing and adjusting salary grades for the subjects specified in Clause 1, Article 7 of this Decree

Annually, along with the budget preparation and allocation period, the principal of the kindergarten institution has the responsibility to complete the list of requests for salary adjustment for teachers belonging to the group entitled to salary adjustment policy (Form No. 04 prescribed in the Appendix to this Decree) and submit it to the Department of Education and Training.

Within ten working days from the date of receipt of the list of requests for salary adjustment policy from the kindergarten institution, the Department of Education and Training shall coordinate with the Finance Department and the Civil Service Department of the district to review and submit the list for approval by the Chairman of the People's Committee of the district.

Within seven working days from the date of receipt of the report from the Department of Education and Training, the Chairman of the People's Committee of the district shall approve the list of subjects entitled to salary adjustment policy, compile a report to submit to the Department of Education and Training, the Department of Finance, and the Civil Service Department for review (Form No. 05 prescribed in the Appendix to this Decree).

Within seven working days from the date of receipt of the report from the Chairman of the People's Committee of the district, the Department of Education and Training shall coordinate with the Department of Finance and the Civil Service Department to review and compile a comprehensive report to submit to the Provincial People's Committee or the People's Committee of a centrally administered city for consideration and decision, and to compile additional financial needs to send to the Ministry of Finance. The Ministry of Finance, the Ministry of Civil Service, and the Ministry of Education and Training shall examine and allocate funds to implement the policy (Form No. 06 prescribed in the Appendix to this Decree).

In cases where the kindergarten institution is directly subordinate to the Department of Education and Training or another agency, the principal of the kindergarten institution shall submit the list of requests for salary adjustment policy for teachers to the direct superior management agency, while also sending it to the Department of Education and Training in the locality where the kindergarten institution is located for monitoring and compiling.

Within five working days from the date of receipt, the direct superior management agency shall be responsible for compiling and submitting the list of requests for salary adjustment policy for teachers to the Department of Education and Training for compilation. The Department of Education and Training shall coordinate with the Department of Finance and the Civil Service Department to organize reviews and compile a comprehensive report to submit to the Provincial People's Committee or the People's Committee of a centrally administered city for consideration and decision.

Based on local management levels, the Department of Education and Training and the Department of Education and Training shall be responsible for monitoring, managing, and compiling reports on final accounts of funds allocated for policy implementation according to current regulations.

2. Subjects specified in Clause 2, Article 7 of this Decree

They shall be supported by the State with materials and training costs when participating in training and upgrading courses. The level of support from the budget shall be implemented according to the level of support provided to public school teachers with the same qualifications participating in training and upgrading courses as stipulated.

3. Subjects specified in Clause 3, Article 7 of this Decree

They shall be reimbursed for the cost of purchasing learning materials (excluding reference materials) in the language and script of ethnic minorities (if applicable) according to regulations. The reimbursement for the cost of purchasing learning materials (excluding reference materials) shall be based on actual purchase invoices and shall not exceed three years.

4. Subjects specified in Clause 4, Article 7 of this Decree shall receive an additional monthly monetary support of 450,000 VND/month (four hundred fifty thousand VND per month).

a) The duration of support is nine months/year (from September of the previous year to May of the following year), the support money will be paid together with the monthly salary payment and will not be counted towards social insurance, health insurance, and unemployment insurance contributions;

b) Annually, along with the budget preparation and allocation period, the principal of the kindergarten institution has the responsibility to prepare a list of subjects entitled to the policy of teaching combined classes and enhancing Vietnamese for ethnic minority children according to the guidelines in this Decree and submit it to the Department of Education and Training of the district for approval (Form No. 07 prescribed in the Appendix to this Decree);

Within ten working days from the date of receipt of the list of requests for teachers to receive the policy of teaching combined classes and enhancing Vietnamese for ethnic minority children from the kindergarten institution, the Department of Education and Training shall coordinate with the Finance Department and the Civil Service Department of the district to review and submit the list for approval by the Chairman of the People's Committee of the district.

Within seven working days from the date of receipt of the report from the Department of Education and Training, the Chairman of the People's Committee of the district shall approve the list of subjects entitled to the policy, compile a report to submit to the Department of Education and Training, the Department of Finance, and the Civil Service Department for review (Form No. 08 prescribed in the Appendix to this Decree).

Within seven working days from the date of receipt of the report from the Chairman of the People's Committee of the district, the Department of Education and Training shall coordinate with the Department of Finance and the Civil Service Department to review and submit a comprehensive report to the Provincial People's Committee or the People's Committee of a centrally administered city for consideration and decision, and to compile additional financial needs to send to the Ministry of Finance, the Ministry of Civil Service, and the Ministry of Education and Training for examination and allocation of funds to implement the policy (Form No. 09 prescribed in the Appendix to this Decree).

In the case where the preschool education institution under the Department of Education and Training or another agency, the principal of the preschool education institution shall submit the report listing teachers benefiting from the policy of teaching combined classes and strengthening Vietnamese language for ethnic minority children to the direct superior management agency, while sending it to the district education and training office where the preschool education institution is located for monitoring and consolidation.

Within five working days, the direct superior management agency is responsible for consolidating and submitting the report listing teachers benefiting from the policy of teaching combined classes and strengthening Vietnamese language for ethnic minority children to the Department of Education and Training for consolidation. The Department of Education and Training will coordinate with the Department of Finance and the Department of Home Affairs to review and consolidate in the general report to be submitted to the People's Committee of the province or centrally governed city for consideration and decision, and consolidation.

Based on local management levels, the Department of Education and Training and the Department of Education and Training shall be responsible for monitoring, managing, and compiling reports on final accounts of funds allocated for policy implementation according to current regulations.

Chapter IV

FINANCIAL SOURCE, BUDGET ESTIMATE, SETTLEMENT OF EXPENSES

Article 9. Sources of Funding for Implementation

The financial resources for implementing the policy of providing lunch support for kindergarten children and the policy for preschool teachers are balanced within the annual budget estimate for educational and training public expenditure of each locality.

The central budget will provide support to localities according to the provisions of the State Budget Law, guiding documents of the Law, and the mechanism for supporting local budgets from the central budget to implement social welfare policies decided by the Prime Minister.

Article 10. Preparation, Management, Use, Settlement, and Reporting of Financial Resources

1. The preparation, allocation, and assignment of the budget estimate for implementing the policy of providing lunch support for kindergarten children and the policy for preschool teachers shall be carried out simultaneously with the time of preparing and allocating the state budget estimate annually at the local level.

2. The District Education and Training Office is responsible for consolidating the budget estimate for implementing the policies of all preschool education institutions within its jurisdiction as stipulated in this Decree, submitting it to the same-level finance authority for verification, and presenting it to the People's Committee of the district for consideration and decision, and sending it to the provincial finance department for consolidation into the budget estimate and reporting to the provincial People's Committee; at the same time, sending the report to the provincial Department of Education and Training for coordination in management. For the object specified in Clause 2 of Article 7 of this Decree:

a) Annually, based on the training and capacity building plan of the District Education and Training Office, the preschool education institution shall develop a plan and list teachers proposed for training and capacity building, and send it to the District Education and Training Office for consolidation and submission to the competent authority for approval;

b) In cases where training and capacity building programs arise outside the plan, the preschool education institution shall prepare the budget estimate for each training session or capacity building topic and send it to the District Education and Training Office for consolidation and submission to the competent authority for approval.

3. Annually, the People's Committee of the province or centrally governed city shall base on the Prime Minister's Directive on developing economic and social development plans and the state budget estimate, and the Circular of the Ministry of Finance on preparing the state budget estimate, to prepare the budget estimate for implementing the policies stipulated in this Decree, consolidating it into the local state budget estimate, and submitting it to the Ministry of Finance together with the state budget estimate report for the planning year.

4. The finance authorities at all levels are responsible for ensuring the financial resources for implementing the policy of providing lunch support for kindergarten children and the policy for preschool teachers, guiding management and supervision of implementation, and directing relevant agencies during the implementation process according to the guidance of this Decree to cooperate with auditing agencies during the annual financial audit; reporting to the Ministry of Education and Training, the Ministry of Finance, and related agencies on matters exceeding their authority.

Chapter V

IMPLEMENTATION

Article 11. Responsibilities of Ministries and Agencies

1. Ministry of Education and Training

a) Take the lead and coordinate with relevant ministries and agencies to direct localities to implement the contents prescribed in this Decree;

b) Organize inspections and evaluations of the implementation of this Decree in accordance with regulations.

2. Ministry of Finance

a) Ensure funding for the implementation of policies supporting midday meals for preschool children and policies for kindergarten teachers;

b) Take the lead and coordinate with relevant ministries and agencies to direct localities to prepare budgets, execute budgets, and settle accounts for the funds implementing the policies stipulated in this Decree concurrently with the annual budget preparation process.

3. Relevant ministries and agencies: Within their assigned functions and tasks, cooperate with the Ministry of Education and Training to direct localities to implement the contents prescribed in this Decree.

4. Request the Central Committee of the Vietnam Fatherland Front and its member organizations to cooperate in propaganda, mobilization, and implementation of policies according to this Decree based on their assigned functions and tasks.

Article 12. Responsibilities of Provincial People's Committees and Municipal People's Committees under the Central Government

1. Direct and guide the organization of implementation of policies according to this Decree at the local level; inspect, supervise the implementation, and report periodically annually to the Ministry of Education and Training, the Ministry of Finance, and relevant ministries and agencies.

2. Develop budget estimates and financial plans, report to the Provincial People's Councils for decisions on measures to ensure balanced financial resources for policy implementation at the local level; organize inspections, audits, and financial reviews of the budget execution and settlement processes of subordinate budget units in accordance with the State Budget Law.

Article 13. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from February 20, 2018.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and municipal people's committees under the central government are responsible for implementing this Decree./.

ANNEX

(Attached to Decree No. 06/2018/NĐ-CP dated January 5, 2018 of the Government)

LIST OF PRE-SCHOOL CHILDREN SUPPORTED FOR MID-DAY MEALS
(For educational institutions)

_______________

¹ Specify whether the target falls under Clause 1, 2, or 3 of Article 3 of this Decree

SUMMARY OF FUNDS FOR MID-DAY MEAL SUPPORT FOR PRE-SCHOOL CHILDREN
(For education and training departments)

SUMMARY OF FUNDS FOR MID-DAY MEAL SUPPORT FOR PRE-SCHOOL CHILDREN
(For provincial people's committees)

LIST OF KINDERGARTEN TEACHERS REQUESTING SALARY ADJUSTMENT IN YEAR......
(For educational institutions)

Total number of teachers: ... (permanent staff: ... persons, labor contracts: ... persons)

Type of school: ...(public, private)

Unit: Million dong

Note: REPORT ON THE NEED TO IMPLEMENT SALARY ADJUSTMENTS FOR KINDERGARTEN TEACHERS IN YEAR......

Million dong
Teachers eligible for salary adjustments

Unit: Current salary and allowances

Adjusted salary
Total salary coefficient

Unit: Million dong

Teaching combined classes for ages 2-3
Teaching combined classes for ages 3 and above

Teaching enhanced Vietnamese language

Monthly allowance amount

Months eligible

Unit: Million dong

Total number of beneficiaries: ... persons
Teachers eligible for salary adjustments

Unit: Million dong

Total number of beneficiaries: ... persons
Total salary coefficient

Unit: Million dong