JOINT CIRCULAR No. 23/2008/TTLT/BGDĐT-BLĐTBXH-BTC guiding the implementation of Decision No. 152/2007/QĐ-TTg dated September 14, 2007 of the Prime Minister on policy scholarships for students studying at educational institutions within the national education system.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 152/2007/QD-TTg dated September 14, 2007 of the Government on Scholarships for Students in the National Education System

Pursuant to Decision No. 152/2007/QD-TTg dated September 14, 2007 of the Government on Scholarships for Students in the National Education System, the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance provide the following guidelines for implementation:

I. APPLICABLE OBJECTS

The objects entitled to scholarships as stipulated in Clause 1, Article 1 of Decision No. 152/2007/QD-TTg dated September 14, 2007 of the Government on Scholarships for Students in the National Education System are specified as follows:

1. Students enrolled in the special recruitment system as prescribed in Decree No. 134/2006/NĐ-CP dated November 14, 2006 of the Government on the special recruitment system for higher education institutions at the university, college, and vocational level within the national education system.

2. Students studying at boarding schools for ethnic minorities and preparatory universities, except those ethnic minority students who are receiving scholarships under Decision No. 82/2006/QD-TTg dated April 14, 2006 of the Government on adjusting scholarship levels for ethnic minority students studying at boarding schools for ethnic minorities and preparatory universities as prescribed in Decision No. 194/2001/QD-TTg dated December 21, 2001 of the Government.

3. Trainees who are war invalids, disabled persons, or persons with disabilities who are not receiving salaries or living expenses while studying at vocational training centers for war invalids, disabled persons, or persons with disabilities.

II. AMOUNT OF POLICY SCHOLARSHIPS

The amount of policy scholarships as stipulated in Clause 2, Article 1 and Article 2 of Decision No. 152/2007/QD-TTg dated September 14, 2007 of the Government on Scholarships for Students in the National Education System are specified as follows:

1. In one academic year, the scholarship is granted for twelve months. For programs with a duration of less than one year or for the final year which does not last twelve months, the scholarship will be granted based on the actual number of months of study in that academic year.

2. As of January 1, 2008, when the State adjusts the minimum wage, the level of policy scholarships prescribed in this Circular shall be adjusted according to the corresponding ratio of the State's decisions on adjusting the minimum wage, ensuring that the policy scholarship equals eighty percent of the minimum wage.

III. DOCUMENTS AND PROCEDURES FOR REVIEWING AND GRANTING POLICY SCHOLARSHIPS

1. Documents for reviewing and granting policy scholarships

a) A certified copy of the birth certificate;

b) A certified copy of the admission notice;

c) A confirmation letter from the educational institution (Annex I);

d) A commitment letter from the student (Annex II);

đ) A certified copy of the war invalid card (for war invalids);

e) A confirmation letter from the competent authority confirming that the person is disabled or has a disability (for disabled or persons with disabilities).

2. Procedures for reviewing and granting policy scholarships

a) For the objects prescribed in Clause 1, Section I of this Circular:

After enrolling, students submit the documents as prescribed in Clause 1, Section III of this Circular to the Department of Education and Training or the Department of Labor, Invalids and Social Affairs (if studying at a vocational training center).

According to the periodic review and grant of policy scholarships as prescribed in point b, Clause 2, Section V of this Circular, students send a confirmation letter from their educational institution to the Department of Education and Training or the Department of Labor, Invalids and Social Affairs (if studying at a vocational training center) to implement the grant of policy scholarships as prescribed.

b) For the objects prescribed in Clauses 2 and 3, Section I of this Circular:

Upon enrollment, students submit the documents as prescribed in Clause 1, Section III (excluding point c, Clause 1, Section III) to the educational institution responsible for reviewing and granting policy scholarships.

c) The Department of Education and Training and the Department of Labor, Invalids and Social Affairs receive the documents; compile lists and budget estimates for policy scholarship funds as prescribed in point a, Clause 1, Section VI of this Circular.

Educational institutions receive the documents; compile lists and budget estimates for policy scholarship funds and send them to the management agencies of units under the Ministries and central agencies as prescribed in point b, Clause 1, Section VI of this Circular.

IV. SITUATIONS WHERE THE GRANT OF POLICY SCHOLARSHIPS IS SUSPENDED

1. Students who are expelled due to disciplinary reasons are not eligible for policy scholarships from the date the expulsion decision takes effect.

2. Students whose studies are suspended due to disciplinary reasons are not eligible for policy scholarships during the suspension period, except in cases where the suspension is due to illness, accidents, retaking courses, repeating grades, or other reasons (not due to disciplinary actions or voluntary withdrawal).

3. For the objects prescribed in Clause 1, Section I of this Circular, the educational institution where the student is enrolled must notify the Department of Education and Training or the Department of Labor, Invalids and Social Affairs (if studying at vocational training centers) of the disciplinary action within fifteen days from the effective date of the disciplinary decision or the decision to revoke the disciplinary action.

V. SOURCES OF FUNDS, METHODS OF GRANTING, AND REPLACEMENT OF POLICY SCHOLARSHIPS

1. Sources of funds for policy scholarships

The sources of funds for implementing the grant of policy scholarships as guided in this Circular are allocated in the annual state budget estimate for education and training expenditures and vocational training expenditures according to the current decentralization provisions of the State Budget Law. Specifically:

a) The central budget ensures funding for the policy scholarship system for students as prescribed in Clauses 2 and 3, Section I of this Circular who are studying at educational institutions managed by central ministries and sectors.

b) The local budget ensures funding for the scholarship policy regime for students specified in Clauses 2 and 3 of Section I of this Circular who are currently studying at educational institutions managed by the locality.

c) For students specified in Clause 1 of Section I of this Circular, the local budget ensures funding for the scholarship policy regime for learners regardless of whether the educational institution where the students are studying is under the management of central ministries and agencies or the locality.

2. Methods of awarding and reimbursing scholarship policies

a) Authorities responsible for issuing scholarship policies:

- For the subjects specified in Clause 1 of Section I of this Circular:

+ Based on the approved budget estimate for education expenses, the Department of Education and Training and the Department of Labor, Invalids and Social Affairs, within their respective authority, manage the funds and organize the issuance of scholarship policies to eligible students and trainees as stipulated.

+ Depending on specific conditions of each locality and the educational institutions where eligible students and trainees study, the People's Committee of the province or centrally-administered city (hereinafter referred to as the provincial-level People's Committee) or the agency authorized by the provincial-level People's Committee may proactively choose appropriate methods of transferring money to ensure maximum convenience for learners through one of the following methods: directly transferring funds to educational institutions according to contracts; directly providing cash to the families of learners or transferring through ATM cards or other lawful means of transfer (if available) to learners.

- For the subjects specified in Clauses 2 and 3 of Section I of this Circular:

Based on the approved budget estimate for education expenses, educational institutions manage the funds and organize the issuance of scholarships to eligible students and trainees as stipulated.

b) Time of awarding scholarship policies

Scholarship policies are awarded monthly to learners receiving scholarships via ATM cards, learners receiving scholarships through educational institutions, or twice a year, each time for six months, with the first issuance in October and the second in March for learners receiving scholarships in cash, scholarships paid through the families of learners.

In cases where students have not received scholarship policies as scheduled, they will be entitled to claim them during the next scholarship period.

c) Method of reimbursement:

Students who have received scholarship policies but voluntarily withdraw from school or are expelled due to disciplinary reasons must reimburse the full amount of the scholarship received from the start of the academic year until the date of withdrawal to the scholarship-issuing authority according to the分级管理。

VI. REGIME FOR REPORTING REQUIREMENTS OF FUNDS TO IMPLEMENT ADJUSTMENTS TO THE AMOUNT OF POLICY SCHOLARSHIPS

1. When there is a Decision of the Government regarding adjustments to the national minimum wage:

a) For the case of students specified in Clause 1 of Section I of this Circular:

The Department of Education and Training and the Department of Labor, Invalids and Social Affairs (for vocational training institutions) are responsible for compiling the requirements for adjusting the amount of policy scholarships for the subjects specified in Clause 1 of Section I of this Circular, and submitting them together with the report on the need for additional funds to implement salary reform to the Department of Finance (Annex III).

b) For the case of students and trainees specified in Clauses 2 and 3 of Section I of this Circular:

Based on the proposals of educational institutions with beneficiaries of policy scholarships, the competent authorities of units under central ministries and agencies and provincial-level authorities are responsible for reviewing and compiling reports on the needs to implement adjustments to the amount of policy scholarships for subordinate units, and submitting them to the Ministry of Finance (for central authorities) or the Department of Finance (for local authorities) together with the report on the need for additional funds to implement salary reform (Annex III).

2. The requirement for funds to adjust the amount of policy scholarships due to adjustments in the national minimum wage but not included in the initial annual budget allocation of the locality shall be handled as follows:

a) For localities facing difficulties in funding sources (provinces and centrally-administered cities receiving supplementary balance transfers from the central budget and localities with a redistribution rate to the central budget below 5%), the central budget will provide full support.

b) For the remaining localities, the provincial-level People's Committee will proactively arrange within the scope of the local budget to implement.

3. The Ministry of Finance is responsible for reviewing the reports on the needs for funds to implement adjustments to policy scholarships for units under central ministries and agencies to submit to the Government for decisions to supplement funds for central ministries and agencies.

The Departments of Finance of provinces and centrally-administered cities are responsible for reviewing the reports on the needs for funds to implement adjustments to policy scholarships for the Departments of Education and Training and Labor, Invalids and Social Affairs, compiling reports for the provincial-level People's Committee to decide. The provincial-level People's Committee compiles reports for the Ministry of Finance to consider and supplement funds for localities supported as stipulated in Point a, Clause 2, Section VI of this Circular.

4. After being authorized by the competent authority to supplement funds for implementing the scholarship policy regime, the Departments of Education and Training or the Departments of Labor, Invalids and Social Affairs or educational institutions shall withdraw the budget estimates from the State Treasury to implement the additional scholarship policies for students and trainees according to the prescribed regulations.

5. The settlement of funds for implementing the scholarship policy regime shall be carried out in accordance with the provisions of the State Budget Law and current regulatory legal documents.

VII. ORGANIZATION AND IMPLEMENTATION

1. Central ministries and agencies and provincial-level People's Committees are responsible for organizing and guiding the determination of fund requirements and balancing fund sources to implement the scholarship policy regime.

2. The Department of Education and Training, the Department of Labor, Invalids and Social Affairs, and educational institutions shall monitor, retain, manage records, and organize the issuance of policy scholarships according to the provisions of Clause 2, Section V of this Circular, within their respective jurisdictions. The Department of Finance and relevant agencies shall guide and implement the provisions of this Circular, annually compile and report as prescribed; at the same time, they shall be responsible for inspecting and auditing the implementation of scholarship policies in their localities.

3. Educational institutions with students and trainees who are candidates for selection scholarships shall have the responsibility to temporarily allocate funds to continue issuing policy scholarships at the level specified in this Circular in the first quarter of 2008 to ensure the right to education of students and trainees currently studying at their institution, and notify the People's Committee of the province about the amount of funds temporarily allocated.

Based on the number of student and trainee beneficiaries who have been granted scholarships by educational institutions, the People's Committees of provinces shall be responsible for reimbursing the funds to educational institutions where the learners from their locality are studying, for the amount temporarily allocated by those educational institutions.

Educational institutions shall have the responsibility to work together with the People's Committee of the province to publicly disseminate information regarding the application process and procedures for policy scholarships to ensure that it does not disrupt or affect the learning process of the learners.

From subsequent academic years, educational institutions shall have the responsibility to report to the People's Committee of the province or the specialized agency of the People's Committee of the province authorized (at the end of each term of the academic year) on the number of students and trainees who are candidates for selection scholarships currently studying; the number of students who dropped out; reasons for dropping out, to serve as the basis for budgeting the funds for policy scholarships according to the prescribed regulations.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace the provisions on policy scholarships in Joint Circular No. 53/1998/TT-LT/BGD&ĐT-BTC-BLĐTB&XH dated August 25, 1998, issued by the Ministry of Education and Training, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of scholarship and social assistance policies for students and trainees at public training institutions, and Joint Circular No. 13/2002/TTLT-BGD&ĐT-BTC dated March 28, 2002, issued by the Ministry of Education and Training and the Ministry of Finance guiding the implementation of Decision No. 194/2001/QĐ-TTg dated December 21, 2001, issued by the Prime Minister on adjusting the levels of policy scholarships and social assistance for ethnic minority students and trainees studying at public training institutions as stipulated in Decision No. 1121/1997/QĐ-TTg dated December 23, 1997, issued by the Prime Minister.

During the implementation process, if there are any difficulties, they should be reported to the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance for consideration and resolution.

Place of Receipt:

- PRIME MINISTER, DEPUTY PRIME MINISTERS OF THE GOVERNMENT;

- President's Office;

- National Assembly Office; Government Office;

- Ministries, ministerial-level agencies, and agencies directly under the Government;

- Legal Draft Inspection Department, Ministry of Justice;

- Central Party Office and Party Committees;

- Supreme People's Court, Supreme People's Procuracy;

- State Audit Office;

- Central agencies of mass organizations;

- Legal Documents Inspection Department (Ministry of Justice);

- Departments and Bureaus under the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance;

- Official Gazette;

- Government website;

- Website of the Ministry of Education and Training;

- File: General Department of the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance.