Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDĐT-BTC guiding the implementation of the residential policy stipulated in Decision No. 53/2015/QĐ-TTg dated October 20, 2015 of the Government on the residential policy for vocational college and secondary technical school students.

 

JOINT CIRCULAR

53/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on the residential policy for high school and college students studying at vocational colleges and intermediate-level colleges.

The Ministers of Labor, Invalids and Social Affairs, Education and Training, and Finance issue this Circular to guide the implementation of the residential policy stipulated in Decision No. 53/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on the residential policy for high school and college students studying at vocational colleges and intermediate-level colleges (hereinafter referred to as Decision No. 53). The residential policy includes: scholarship, personal item purchase support, Tet holiday support, and travel support.

c) Han people belonging to poor households, near-poor households, or persons with disabilities who have permanent residence registration in areas with particularly difficult socio-economic conditions, ethnic minority areas, border areas, and islands.

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Decree No. Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Labor, Invalids and Social Affairs;

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. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 53/2015/QD-TTg dated October 20, 2015 of the Prime Minister on the residential policy for vocational college and intermediate level students;

3. The criteria for poor and near-poor households shall be implemented according to the regulations approved by the Prime Minister for each period. Areas with particularly difficult socio-economic conditions, ethnic minority areas, border areas, and islands are specified in Appendix I attached hereto. Regulations on persons with disabilities shall be implemented according to the Law on Persons with Disabilities, Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities and other related documents.

Article 1. Scope of Regulation and Applicability

1. In cases where students are eligible for multiple policies simultaneously, they may only enjoy the highest one policy or if they study concurrently at multiple vocational education institutions, they may only enjoy the policy at one vocational education institution or if they study multiple majors, trades, and levels concurrently within the same vocational education institution, they may only enjoy the policy once throughout their entire study period.

2. This Circular applies to individuals participating in regular vocational training programs at vocational education institutions at the college and intermediate levels, including:

a) Ethnic minority members belonging to poor households, near-poor households, or persons with disabilities;

b) Graduates of boarding schools for ethnic minorities;

3. For modular and credit-based training programs, the policy scholarship will be granted based on the converted training duration but not exceeding the training duration of the major, trade, and equivalent level of training under the academic year system according to the following formula:

1. Within thirty working days from the date of the opening ceremony, vocational education institutions must notify students participating in the intermediate and higher vocational training programs about the residential policy, the submission deadline for application forms, and provide guidance on the required documentation as follows:

Article 2. Implementation Principles

Principles for implementing the residential policy as stipulated in Article 4 of Decision No. 53 and the following principles:

b) For students studying at private vocational education institutions or vocational education institutions with foreign investment capital: submit the application form to the Department of Labor, Invalids, and Social Affairs of the district, city district, town, or provincial city directly under the province (referred to hereafter as the District Department of Labor, Invalids, and Social Affairs) where the student has permanent residence registration.

2. For training programs based on academic years where the final year's study duration is less than twelve months, the scholarship policy will be granted based on the actual number of months studied in that academic year.

a) Application form for residential policy: For students studying at public vocational education institutions, use the model attached as Appendix II to this Circular; for students studying at private vocational education institutions or vocational education institutions with foreign investment capital, use the model attached as Appendix III to this Circular.

Where:

Article 3. Levels of policy scholarships and other support items

The levels of policy scholarships and other support items shall be implemented in accordance with the provisions of Article 3 of Decision No. 53.

Article 4. Procedures and application dossier for internal residence policies

b) Copy of Birth Certificate;

a) For students studying at public vocational education institutions: Submit the application dossier to the public vocational education institution where the students are enrolled;

c) For ethnic minority students belonging to poor or near-poor households, in addition to the documents specified in Points a and b of this Clause, they must also provide a certificate of poverty or near-poverty issued by the People's Committee of the commune (a certified copy from the original or a copy with the original for comparison);

2. The application dossier for internal residence policies consists of one set including:

d) For ethnic minority students with disabilities, in addition to the documents specified in Points a and b of this Clause, they must also provide a disability confirmation letter issued by the People's Committee of the commune or a decision of the People's Committee of the district regarding social assistance for persons with disabilities living in the community in cases where there is no disability confirmation letter issued by the People's Committee of the commune (a certified copy from the original or a copy with the original for comparison);

e) For Han people with disabilities with permanent residence registration in areas with particularly difficult socio-economic conditions, ethnic minority areas, border areas, and islands, in addition to the documents specified in Points a and b of this Clause, they must also provide a disability confirmation letter issued by the People's Committee of the commune or a decision of the People's Committee of the district regarding social assistance for persons with disabilities living in the community in cases where there is no disability confirmation letter issued by the People's Committee of the commune (a certified copy from the original or a copy with the original for comparison) and household registration book (a certified copy from the original or a copy with the original for comparison);

g) For students graduating from boarding schools for ethnic minorities, in addition to the documents specified in Points a and b of this Clause, they must also provide a graduation certificate or a temporary graduation certificate (a certified copy from the original or a copy with the original for comparison);

d) For Vietnamese students from poor households or near-poor households with permanent residence registration in areas with particularly difficult socio-economic conditions, ethnic minority regions, border areas, and islands, in addition to the documents specified in Points a and b of this Clause, they must supplement the certificate of poverty or near-poverty issued by the People's Committee of the commune (a certified copy from the original or a copy accompanied by the original for comparison) and the household registration book (a certified copy from the original or a copy accompanied by the original for comparison);

e) For Vietnamese students who are persons with disabilities with permanent residence registration in areas with particularly difficult socio-economic conditions, ethnic minority regions, border areas, and islands, in addition to the documents specified in Points a and b of this Clause, they must supplement the disability confirmation certificate issued by the People's Committee of the commune or the Decision of the People's Committee of the district on social assistance for persons with disabilities living in the community in cases where there is no disability confirmation certificate issued by the People's Committee of the commune (a certified copy from the original or a copy accompanied by the original for comparison) and the household registration book (a certified copy from the original or a copy accompanied by the original for comparison);

g) For students graduating from boarding schools for ethnic minorities, in addition to the documents specified in Points a and b of this Clause, they must supplement the graduation certificate or temporary graduation certificate (a certified copy from the original or a copy accompanied by the original for comparison);

h) For students staying at school during the Tet holiday, in addition to the documents specified in Points a and b of this Clause and one of the documents specified in Points c, d, đ, e, and g of this Clause, they must also submit a Confirmation of Staying at School During the Tet Holiday according to Model IV attached to this Circular for students studying at public vocational education institutions, or according to Model V attached to this Circular for students studying at private vocational education institutions or vocational education institutions with foreign investment.

3. Submission and examination of the application dossier:

a) Submission of the application dossier

Students eligible for residential policy benefits submit their application once at the beginning of the course. However, certificates of poverty and near-poverty households (certified copies from original documents or copies with original documents for comparison), and confirmations of staying at school during the Tet holiday must be submitted annually.

In cases where students who are eligible for residential policy benefits fail to submit or delay submission of their application for residential policy benefits as prescribed during their studies, they will not be entitled to such benefits. The payment of residential policy benefits for students will be made from the date when the public vocational education institution or the Department of Labor, Invalids, and Social Affairs of the district receives the application until the end of the course, and no back payments for scholarships or support during the Tet holiday and travel support for the period before the date of submission of the application for residential policy benefits will be granted.

For students who are not initially eligible for residential policy benefits as stipulated in Clause 2, Article 1 of this Circular, if during the course of study they become eligible for such benefits due to objective or subjective circumstances, they shall submit supplementary applications for eligibility as the basis for receiving residential policy benefits in the subsequent period as prescribed in Clause 2 of this Article. The duration of eligibility will be based on the validity period of the confirmation documents. If the confirmation documents have different validity periods, the eligibility period will be determined by the latest valid document.

b) Examination of the application dossier for internal residence policies

For students studying at public vocational education institutions: The heads of public vocational education institutions, based on the provisions of Articles 1 and 2, Clauses 1 and 2 of this Circular, shall organize verification and bear responsibility for the accuracy of the applications; compile and prepare lists of beneficiaries. In cases where the applications are not valid, the public vocational education institution shall notify the applicants within three working days from the date of receipt of the application.

For students studying at private vocational education institutions or vocational education institutions with foreign investment: The heads of private vocational education institutions or vocational education institutions with foreign investment shall be responsible for confirming the application for residential policy benefits for students according to Model III attached to this Circular within ten working days from the date of receipt of the application, and guide students to submit their applications in accordance with Clauses 1 and 2 of this Article to the Department of Labor, Invalids, and Social Affairs of the district (where the students have permanent residence) for verification, approval, and compilation of beneficiary lists. In cases where the applications are not valid, the Department of Labor, Invalids, and Social Affairs of the district shall notify the applicants within three working days from the date of receipt of the application. The heads of private vocational education institutions or vocational education institutions with foreign investment shall be responsible for the accuracy of the information confirmed on the application for residential policy benefits of the students.

Article 5. Methods of disbursing scholarship policies and other allowances

1. For students studying at public vocational education institutions: The public vocational education institution where the students are enrolled shall be responsible for managing and implementing the direct cash payment of scholarships and other support amounts to students studying at that institution.

2. For students studying at private vocational education institutions or vocational education institutions with foreign investment: The Department of Labor, Invalids, and Social Affairs of the district where the students have permanent residence shall be responsible for managing and implementing the direct cash payment of scholarships and other support amounts to students studying at private vocational education institutions or vocational education institutions with foreign investment.

3. Scholarships and other support amounts shall be issued twice a year during the academic year: The first issuance covers six months in October or November each year; the second issuance covers six months in March or April of the following year. In cases where students have not received scholarships and other support amounts as prescribed, they may claim them in the next payment cycle.

Article 6. Provisions on suspending the grant of scholarship policies and other allowances

During the course of study, if students no longer qualify for residential policy benefits as stipulated in Clause 2, Article 1 of this Circular, they will cease to be entitled to such benefits from the effective date of the documents confirming their non-eligibility for residential policy benefits or from the expiration date of the previously submitted documents confirming their eligibility for residential policy benefits, whichever is later, submitted to the public vocational education institution or the Department of Labor, Invalids, and Social Affairs of the district.

2. Students who are disciplined with compulsory withdrawal from school or forced to take a leave due to illness, accidents, or other objective reasons that prevent them from continuing their studies shall not enjoy the residential policy benefits from the date the decision on compulsory withdrawal or leave takes effect. In cases where students have received policy scholarships and other support, public vocational education institutions and district Labor - War Invalids and Social Affairs offices will suspend the payment of policy scholarships and other support for the next academic period.

3. During the suspension of studies (with a time limit), except when the suspension is due to illness, accidents, retaking courses, or suspensions for objective reasons confirmed by the school, if students have received policy scholarships and other support, public vocational education institutions and district Labor - War Invalids and Social Affairs offices will deduct the amount of policy scholarship (without deducting other support) corresponding to the number of months of suspended study from the next academic period after the student resumes their studies.

4. Students during the period of detention or arrest pursuant to the decision of the competent authority

a) If declared innocent and continue participating in the course, they will continue to enjoy policy scholarships and other support according to regulations. The implementation of the residential policy will be carried out according to Clause 3 of this Article;

b) If declared innocent but do not continue participating in the course, the residential policy will be suspended from the effective date of the decision on leave issued by the vocational education institution. In cases where students have received policy scholarships and other support, the suspension of the residential policy will be implemented according to Clause 2 of this Article;

c) If found guilty, students will have the residential policy suspended from the effective date of the decision made by the competent authority. In cases where students have received policy scholarships and other support, the suspension of the residential policy will be implemented according to Clause 2 of this Article;

5. In cases where students take a leave according to Clauses 2, 3, and 4 of this Article, they will not enjoy the residential policy when participating in other college or secondary vocational training programs.

6. Private vocational education institutions or vocational education institutions with foreign investment must send decisions on suspending studies, decisions on compulsory withdrawal, and decisions on leave of students eligible for the residential policy, which have been confirmed by the school, to the district Labor - War Invalids and Social Affairs office where the students' permanent residence is located.

Article 7. Sources of funds for implementation

The source of funds for implementing the payment of residential policy benefits as stipulated in this Circular shall be implemented according to Article 6 of Decision No. 53.

For the year 2016, ministries, sectors, central agencies, and local agencies that have not yet balanced their budgets must submit reports on the total funding for policy scholarships and other support for eligible recipients under this Circular to the Ministry of Finance for consolidation and submission to the competent authority for consideration and supplementation of the budget estimate to implement the program.

Article 8. Budget Estimation, Allocation, and Settlement of Scholarship Funding and Other Support Amounts

1. Preparing budgets

Annually, based on the Prime Minister's Directive on building plans for economic and social development and the state budget estimate for the planning year; the Circular guiding the Ministry of Finance on building the state budget estimate for the planning year; and the number of eligible recipients of the residential policy, relevant agencies and units must build the budget estimate for the cost of implementing the residential policy, to be included in the consolidated state budget estimate of the agency or unit and submitted to the financial authority at the same level or sent to the supervising authority for review and consolidation before submitting to the financial authority at the same level within the time frame for reporting the state budget estimate for the planning year. Specifically, as follows:

a) Public vocational education institutions, based on the level of support and the number of eligible recipients of policy scholarships and other support, must prepare a list (attached with confirmation documents for eligible recipients as stipulated in Clause 2, Article 1 of this Circular), consolidate, and build the budget estimate according to the model attached as Appendix VI of this Circular, to be submitted to the financial authority at the same level or sent to the supervising authority for review and consolidation before submission to the financial authority at the same level for approval by the competent authority;

b) District Labor - War Invalids and Social Affairs offices, based on the level of support and the number of eligible recipients of policy scholarships and other support, must prepare a list (attached with confirmation documents for eligible recipients as stipulated in Clause 2, Article 1 of this Circular), consolidate, and build the budget estimate according to the model attached as Appendix VI of this Circular, to be submitted to the financial authority at the same level for review and consolidation before submission to the financial authority at the same level for approval by the competent authority;

c) Agencies and units responsible for building, consolidating, and managing the funds for implementing the residential policy for the recipients specified in Clause 2, Article 1 of this Circular must submit the budget estimate for implementing the policy scholarships and other support to the financial authority at the same level or the supervising authority for review and consolidation before submission to the financial authority at the same level by July 20th each year to be included in the estimated demand for the state budget expenditure of the locality, of the ministries, sectors, and central agencies to be submitted to the Ministry of Finance;

The budget estimate for implementing the residential policy is established based on the expected number of eligible recipients of the residential policy at vocational education institutions from January 1st to December 31st of the planning year.

2. Allocating budgets

Based on the decision to allocate the state budget estimate by the Prime Minister:

The People's Committee of provinces and centrally-administered cities must submit to the People's Council at the same level for a decision on allocating funds for paying policy scholarships and other support to students of public vocational education institutions, private vocational education institutions, and vocational education institutions with foreign investment simultaneously with the annual allocation of the state budget in the state budget estimate for local educational and training expenditures according to the prescribed regulations.

The ministries, sectors, and central agencies shall decide on the allocation of scholarship funds and other forms of support for public vocational education institutions under their jurisdiction simultaneously with the annual state budget estimate allocation according to the prescribed regulations.

3. Management, Use, and Settlement of Funds

The management, utilization, and settlement of expenditure for scholarship payments and other forms of support shall be carried out in accordance with the current provisions of the State Budget Law, guiding documents, and the current State Budget Classification.

4. Annually, the ministries, sectors, central agencies, and localities shall have the responsibility to report the consolidated expenditure of their respective ministries, sectors, and localities implementing the residential policy according to the model attached as Appendix VII of this Circular to the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Education and Training before January 31 of the following year. Based on the reports from the ministries, sectors, central agencies, and localities, the Ministry of Finance will compile and report to the competent authority as stipulated.

Article 9. Implementation Organization

1. From January 1, 2016, new students admitted to college and secondary vocational programs (vocational colleges, colleges, secondary vocational schools, and secondary specialized schools) who fall within the categories specified in Clause 2, Article 1 of this Circular shall enjoy the residential policies as provided for in this Circular.

2. The agency responsible for disbursing scholarships and other forms of support to students shall be responsible for publicly announcing procedures and disbursement times for scholarships and other forms of support to facilitate students' access to policies in accordance with the regulations.

3. The Ministry of Labor, Invalids and Social Affairs, and the Ministry of Education and Training (in accordance with the division of state administrative management over vocational education as stipulated in Decree No. 48/2015/NĐ-CP dated May 15, 2015 of the Government detailing certain articles of the Vocational Education Law) shall take the lead and coordinate with the Ministry of Finance to inspect, supervise, evaluate, and compile the implementation situation of the residential policies as prescribed in Decision No. 53.

During the implementation process, if the legal normative documents cited for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents.

Article 10. Implementation Provisions

1. This Circular takes effect from August 1, 2016.

2. The Date of implementation of scholarship grants and other support provisions stipulated in this Circular shall be calculated from January 1, 2016.

During the implementation process, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals reflect these issues to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, and the Ministry of Finance for consideration and resolution./.

TRAININGhReceipt:
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- Official Portal of the Government; ;, Ministry of Labor, Invalids and Social Affairs, Ministry of Education and Training, Ministry of Finance;
- Various 2. Provincial People's Committees and centrally administered city people's committees shall be responsible for: 1. The Minister, head of a ministry-level agency, head of an agency under the Government, Chairman of the People's Committee of a province or centrally governed city shall be responsible for implementing this Circular. Decree Ministry of Labor, Invalids and Social Affairs, Ministry of Education and Training, Ministry of Financ3. Amend Clause 3 Article 2 as follows:e;to- To be filed: Ministry of Labor, Invalids and Social Affairs, Ministry of Education and Training, Ministry of Finance.
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