Decree No. 116/2020/NĐ-CP on policies to support tuition fees and living expenses for student teachers

DECREE

Regulations on financial support policies for tuition fees and living expenses for student teachers

living expenses for student teachers

Pursuant to the Government Organization Law dated June 19, 2015; the Law Amending and Supplementing One Article of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019; numberPursuant to the Law on State Asset Management dated June 21, 2017;

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Higher Education Law dated June 18, 2012; the Law Amending and Supplementing One Article of the Higher Education Law dated November 19, 2018;numberArticle of the Higher Education Law on November 19, 2018;

Pursuant to the Civil Servant Law dated November 15, 2010; and the Law Amending and Supplementing Certain Provisions of the Civil Servant Law and the Civil Servant Law;

Pursuant to the State Budget Law dated June 25, 2015;

At the proposal of the Minister of Education and Training;

The Government promulgates this Decree stipulating financial support policies for tuition fees and living expenses for student teachers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. This Decree applies to:

a) Students studying bachelor's and associate degree programs in teacher training fields through regular education, direct transfer regular education, and second-degree students studying bachelor's and associate degree programs in teacher training fields with first-degree academic performance classified as excellent (hereinafter referred to collectively as student teachers).

3. This Decree does not apply to teachers sent for training or upgrading their qualifications according to the provisions of Government Decree No. 71/2020/NĐ-CP dated June 30, 2020 regarding the implementation roadmap for upgrading the qualification standards of kindergarten, primary, and secondary school teachers.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. The number of months rounded when calculating working time in the education sector shall be determined as follows: a month is counted if there are 15 days or more of workdays in that month.

2. After graduation, student teachers who work in the education sector include:

a) Teachers, lecturers performing teaching, research, or professional duties, and civil servants engaged in management work in educational institutions within the national education system, other educational institutions established with approval from competent authorities, and scientific research agencies on education and training;

b) Civil servants working in state management agencies on education according to the regulations stipulated in the Decree on State Management Responsibilities in Education.

3. The authority to confirm working time in the education sector is the head of agencies and units specified in Clause 2 of this Article.

1. Annually, provincial People's Committees review and calculate the recruitment and training needs for teachers at each level, grade, field, and subject for the admission year and submit them to the Ministry of Education and Training before January 31 each year, and publicly announce them via information and communication media.

Based on the recruitment needs for teachers by level and field of training in the locality and social demand, quality assurance conditions, and training capacity of teacher training institutions, the Ministry of Education and Training determines and announces quotas for teacher training institutions to implement admissions.

2. Based on the quotas announced by the Ministry of Education and Training, teacher training institutions widely publicize these quotas to localities, organizations, and individuals with training needs, and also announce them on the Ministry of Education and Training's electronic portal and the teacher training institution's website.

3. Based on the quotas announced by teacher training institutions and the training needs for teachers in the locality, task assignment, procurement, or bidding agencies with training needs decide to implement task assignments, procurements, or bidding for teacher training with teacher training institutions in one of the following forms:

a) Assigning tasks for teacher training to subordinate teacher training institutions;

b) Procuring teacher training from teacher training institutions;

c) Bidding to select teacher training institutions to provide teacher training services.

4. The decision on task assignment and teacher training contracts between task assignment, procurement, or bidding agencies and teacher training institutions must be based on training needs and plans for teachers annually, consistent with the development plan for education and the annual and long-term teacher workforce training plan of the locality.

5. The unit price for task assignment, procurement, or bidding for teacher training is determined according to the provisions of Article 4 of this Decree.

6. Other provisions on task assignment, procurement, or bidding not specifically stipulated in this Decree shall be implemented according to the provisions of Government Decree No. 32/2019/NĐ-CP dated April 10, 2019 on task assignment, procurement, or bidding for the provision of products and services using state budget funds.

Chapter II

FINANCIAL SUPPORT POLICIES FOR TUITION FEES AND LIVING EXPENSES

AND REIMBURSEMENT OF SUPPORT COSTS

Article 4. Level and duration of support

1. Level of support:

a) Student teachers are supported by the State with the amount equivalent to the tuition fee level charged by the teacher training institution where they study;

b) Student teachers are supported by the State with VND 3,630,000 per month to cover living expenses during their study period at school.

2. The duration of support for tuition fees and living expenses is determined based on the actual number of months of study at school as stipulated, but not exceeding 10 months per academic year. In cases where credit-based teaching systems are implemented, teacher training institutions may adjust the level of support to be consistent with the credit system. The total funding support for the entire course under the credit system shall not exceed the level of support specified for the course under the academic year system.

1. Establishment of budget projections:

a) For student teachers trained through assignment, procurement, or bidding (hereinafter referred to collectively as assignment, procurement, or bidding targets): Based on the local demand for teacher training and the support standards set forth in Article 4 of this Decree, the agency responsible for assignment, procurement, or bidding shall prepare annual budget estimates for teacher training costs and report them to the competent authority for approval to fund the payment of tuition fee support and living expenses for student teachers through the teacher training institution;

b) For student teachers trained according to social demand (not included in the assignment, procurement, or bidding targets): Based on the remaining quota within the quota announced by the Ministry of Education and Training after deducting the assigned quotas, each year the teacher training institution shall prepare budget estimates and submit them to the superior agency for consolidation and report to the financial authority for budget allocation in accordance with the State Budget Law. The support funds for tuition fees and living expenses for student teachers trained according to social demand shall be allocated to the teacher training institution in the form of budget allocation as prescribed.

2. Payment of support funds from the state budget:

a) Support funds for tuition fees and living expenses for student teachers are allocated in the annual state budget estimate for education and training expenditures in localities, ministries, and sectors in accordance with current regulations;

b) The agency responsible for assignment, procurement, or bidding shall directly pay the teacher training institution the support funds for tuition fees and living expenses for student teachers under the state assignment, procurement, or bidding mechanism for student teachers who are assignment, procurement, or bidding targets.

For support funds for tuition fees and living expenses for student teachers within the quota announced by the Ministry of Education and Training but not included in the assignment, procurement, or bidding targets, these funds are allocated in the annual budget of the teacher training institution as prescribed by the State Budget Law;

c) The teacher training institution is responsible for paying living expense support funds to student teachers through the students' bank accounts.

3. The preparation of budget estimates, compliance with budget estimates, and settlement of accounts for implementing the policy of supporting tuition fees and living expenses for student teachers as stipulated in this Decree shall be carried out in accordance with the State Budget Law and related implementation guidelines.

Article 6. Repayment of Support Funding

1. The subjects required to repay support funding for tuition fees and living expenses include:

a) Student teachers who have enjoyed the policy and do not work in the education sector within two years from the date of the decision recognizing graduation;

b) Student teachers who have enjoyed the policy and work in the education sector but do not meet the working time requirement stipulated in point a, Clause 2 of this Article;

c) Student teachers who enjoy the policy during their training period and switch to another training program, withdraw from studies on their own initiative, fail to complete the training program, or are disciplined with compulsory withdrawal from studies.

2. The subjects not required to repay support funding for tuition fees and living expenses include:

a) Within two years from the date of the decision recognizing graduation, student teachers working in the education sector and having a minimum working time twice the length of their training period starting from the date of recruitment;

b) Student teachers who, after graduation, are working in the education sector but do not meet the requirements stipulated in point a, Clause 2 of this Article and are transferred by competent state authorities to work outside the education sector;

3. Student teachers who temporarily suspend their studies or are temporarily suspended from studies will not enjoy the support policy during the suspension period.

4. Student teachers who stop studying due to illness, accidents, retake courses, repeat a year (no more than once), or stop studying for other reasons not due to disciplinary action or voluntary withdrawal, if approved by the teacher training institution to continue their studies according to regulations, will continue to enjoy the support policy stipulated in this Decree but the duration of enjoyment shall not exceed the maximum time allowed to complete the training program.

Article 7. Procedures for Registering for Tuition Fee and Living Expense Support

2. Within thirty days from the date of receiving the admission notification, student teachers submit the Application for Support and Commitment to Repay Tuition Fees and Living Expenses to the teacher training institution (Form No. 01 attached to this Decree) through direct submission, postal service, or online (if available).

Students only submit one application file for the initial request for support throughout their study period at the teacher training institution.

Article 8. Compensation costs and calculation of compensation costs

1. Compensation costs include the funding to support tuition fees and living expenses that have been supported by the state budget for students.

2. Student teachers who fall under the categories specified in points a and c, Clause 1, Article 6 of this Decree must fully compensate the state budget support funds.

3. Student teachers who fall under the category specified in point b, Clause 1, Article 6 of this Decree must partially compensate the support funds. The calculation of compensation costs follows the formula below:

S = (F / T1) x (T1 - T2)

Where:

- S is the compensation cost;

- F is the amount of tuition fees and living expenses supported by the state;

- T1 is the total time working in the education sector as stipulated, calculated in months rounded off;

- T2 is the time already worked in the education sector, calculated in months rounded off.

1. Annually, based on the results of training and study of student teachers, the teacher training institution shall notify the list of students falling under the category specified in point c, Clause 1, Article 6 of this Decree to the People's Committee at the provincial level to announce the recovery of the support funds provided to student teachers and their families according to Clause 2, Article 8 of this Decree.

2. For student teachers who must compensate funds according to the provisions of points a and b, Clause 1, Article 6 of this Decree, the People's Committee at the provincial level shall issue a notice to recover the support funds so that student teachers or their families can fulfill the obligation to pay back the full amount of compensation funds according to Article 8 of this Decree.

3. Within thirty days from the date of receiving the decision of the competent authority, students or their families must be responsible for contacting the agency recovering the compensation funds to complete the compensation procedures.

The maximum time limit for fulfilling the obligation to repay support costs is four years, starting from the date when student teachers receive the notice to repay support costs.

In case students or their families fail to fulfill the compensation obligation beyond the prescribed deadline, they must bear the maximum interest rate applicable to non-fixed-term deposits as stipulated by the State Bank of Vietnam for the overdue compensation amount. If the State Bank does not stipulate the maximum interest rate applicable to non-fixed-term deposits, they must bear the interest rate applicable to non-fixed-term deposits of the Vietnam Joint Stock Commercial Bank for Industry and Trade at the time of fulfilling the compensation obligation.

4. For student teachers who must compensate funds according to Clause 1, Article 6 of this Decree, if they belong to policy groups or are in difficult circumstances, the People's Committee at the provincial level shall decide on the method of recovery, exemption, reduction, or cancellation of compensation funds based on the specific and special conditions of the student teachers.

5. The recovered amount from the compensation costs of student teachers shall be deposited into the state budget according to the current budget management hierarchy and in accordance with the regulations of the State Budget Law regarding the management of recovered amounts deposited into the budget.

6. If student teachers or their families fail to fulfill the compensation obligation, the agency recovering the compensation funds has the right to initiate legal proceedings at the Court as stipulated by law.

Chapter III

IMPLEMENTATION

1. Ministry of Education and Training:

a) Take the lead and coordinate with relevant ministries and sectors to direct and guide localities in implementing the contents stipulated in this Decree;

b) Determine and announce enrollment quotas for teacher training programs for teacher training institutions;

c) Organize inspections and evaluations of the implementation of this Decree by teacher training institutions as stipulated;

d) Direct teacher training institutions to cooperate with the People's Committee at the provincial level and relevant ministries and sectors to effectively implement support policies for student teachers.

2. Relevant ministries and sectors: Within the scope of their functions and tasks assigned, coordinate with the Ministry of Education and Training to implement the contents stipulated in this Decree.

1. Annually, based on the current surplus or shortage of teachers to determine the training needs, allocate the budget to assign tasks, place orders, or tender with teacher training institutions, establish criteria for selecting student teachers suitable for employment needs.

2. Publicize the training needs for teachers, the results of assigning tasks, placing orders, or tendering with teacher training institutions, recruitment plans, and job placement plans in educational institutions.

3. Pay the actual costs incurred from decisions to assign tasks and teacher training contracts with teacher training institutions in accordance with the standards stipulated in Article 4 of this Decree.

4. Direct and guide the implementation of support policies for student teachers as stipulated in this Decree at the local level; inspect, supervise the implementation, and report the implementation situation annually to the Ministry of Education and Training and the Ministry of Finance.

5. Implement or delegate the implementation of the recruitment of graduating student teachers belonging to the categories assigned tasks, placed orders, or tendered, and arrange appropriate positions in educational institutions according to current regulations on recruitment and use of civil servants.

6. Guide the procedures for tracking, urging, and recovering the compensation for support funds for tuition fees and living expenses for cases required to compensate according to Clause 1, Article 6 of this Decree and handle cases failing to fulfill the compensation obligation as stipulated by law.

7. Annually, report the results of implementing decisions to assign tasks and teacher training contracts, support funds, and the recruitment situation of teachers in the locality to the Ministry of Education and Training and the Ministry of Finance.

Article 12. Responsibilities of Teacher Training Institutions

1. Based on the training quota announced, carry out student recruitment and teacher training in accordance with current regulations.

2. Fully implement all systems and policies for student teachers as stipulated.

5. Implement the settlement of training funding in accordance with regulations.

6. Ensure the quality of training and be accountable to higher-level management agencies regarding the quality of training conducted by the unit.

7. Annually report the training outcomes and teacher training support funding to the Ministry of Education and Training and the Ministry of Finance.

1. Adhere to legal provisions and internal rules and regulations of teacher training institutions; complete the assigned training program.

After graduation, student teachers shall notify the agency that assigned the training task, procurement, or bidding about their academic results to receive guidance and support for job placement in the education sector as stipulated in Clause 2, Article 2 of this Decree.

2. Upon receiving the decision recognizing graduation, annually before December 31 of the following year until the year they are no longer required to fulfill the obligation to repay the financial support as specified in Point a, Clause 2, Article 6, report their employment status (Form No. 02 attached to this Decree) to the agency responsible for recovering the funding for reimbursement to inform about the cancellation or recovery of the financial support.

3. Student teachers falling under the category specified in Clause 1, Article 6 of this Decree or their families have the responsibility to repay the supported funds to the agency responsible for recovering the funding for reimbursement as stipulated in Article 9 of this Decree to repay the state budget.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

Student teachers who were admitted and trained from the 2020-2021 academic year or earlier will continue to comply with the provisions of Article 6 of Government Decree No. 86/2015/NĐ-CP dated October 2, 2015, concerning the mechanism for collecting and managing tuition fees for educational institutions within the national education system and policies on exemption, reduction of tuition fees, and support for living expenses from the 2015-2016 academic year to the 2020-2021 academic year until graduation.

Article 15. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from November 15, 2020, and applies starting from the enrollment class of the 2021-2022 academic year.

2. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies and organizations are responsible for implementing this Decree./.