Joint Circular No. 26/1999/TTLT/BLDTBXH-BTC-BGDDT guiding the implementation of preferential policies for persons who have rendered meritorious service to the revolution and their children studying at educational institutions.

JOINT CIRCULAR

Guidelines for Implementing Preferential Treatment for Persons with Meritorious Service to the Revolution and Their Children Studying at Schools

and their children studying at schools

Pursuant to Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Engaging in Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, and Those Contributing to the Revolution, on May 27, 1996, the Ministry of Labor - Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Education and Training issued Circular No. 07/TTLB guiding the implementation of preferential treatment for persons with meritorious service to the revolution and their children studying at schools.

In the process of implementing the above-cited circular, there have been some difficulties and unreasonable administrative procedures that delay and affect the rights of students who are beneficiaries of preferential policies. To address this situation, the Ministry of Labor - Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Education and Training provide guidance on the implementation of Articles 64, 65, and 66 of Decree No. 28/CP dated April 29, 1995 of the Government as follows:

For office premises of agencies and units under the Ministry of Public Security and the Ministry of Defense, they shall be implemented according to separate guidelines issued by the Ministry of Public Security and the Ministry of Defense after consultation with the Ministry of Finance.

1. Objectives:

a) The subjects entitled to preferential treatment in education and training are Heroes of the Armed Forces, Heroes of Labor; war invalids; persons receiving benefits equivalent to war invalids; children of martyrs; children of war invalids (including children of war invalids type B recognized before December 31, 1993 and currently receiving monthly allowances); children of persons receiving benefits equivalent to war invalids; children of war invalids (including children of war invalids losing labor capacity from 41% to 60%, recognized before December 31, 1994 and currently receiving monthly allowances) attending schools when they possess complete documents certified by competent state authorities as specified in Articles 64, 65, and 66 of Decree No. 28/CP dated April 29, 1995 of the Government.

b) Students who are beneficiaries of preferential policies and have completed the procedures for enjoying such benefits or are currently enjoying them during their study period, if their father or mother dies while being a war invalid, a war invalid (losing labor capacity), or a person receiving benefits equivalent to a war invalid, will continue to enjoy preferential benefits if they continue their studies.

c) If a martyr, war invalid, war invalid (losing labor capacity), or a person receiving benefits equivalent to a war invalid has multiple children studying at educational institutions or training institutions, all such children shall be entitled to preferential benefits in education and training.

d) Students who are beneficiaries of preferential policies in education and training studying simultaneously at multiple schools (or multiple departments within one school) shall only enjoy the highest preferential allowance once (monthly if applicable).

2. Scope of Application:

a) The preferential treatment in education and training stipulated in Articles 64 and 65 of Decree No. 28/CP dated April 29, 1995 of the Government applies to the subjects specified in paragraph a, point 1, Part I of this Circular when studying at public, semi-public, or private educational and training institutions with courses lasting one year or more.

b) The monthly preferential allowance stipulated in Article 66 of Decree No. 28/CP dated April 29, 1995 of the Government and detailed in point 3, Part II of this Circular applies to beneficiaries who are students (not receiving salary and living expenses while studying) enrolled in full-time regular programs (with courses lasting one year or more) at public and semi-public domestic training institutions (universities, colleges, vocational high schools, vocational schools, preparatory universities, boarding schools for ethnic minorities) according to national training quotas and funding.

c) The preferential treatment in education and training under Decree No. 28/CP dated April 29, 1995 of the Government does not apply to:

+ Students studying at training institutions and educational facilities through non-formal education methods.

+ Overseas Vietnamese exchange students studying abroad.

+ University students who have already received preferential treatment at one university and now continue to study another major at a different university.

+ Postgraduate training programs.

II. SPECIFIC PREFERENTIAL BENEFITS IN EDUCATION AND TRAINING:

1. For students falling under Article 64 of Decree No. 28/CP dated April 29, 1995 of the Government:

a) Students who are children of martyrs; children of war invalids; children of war invalids (losing labor capacity); children of persons receiving benefits equivalent to war invalids losing labor capacity from 81% or higher are entitled to preferential treatment in admission and graduation examinations according to current regulations on admissions, learning, and examinations at preschool, primary, secondary, and high schools under the Ministry of Education and Training; they are exempted from fees and contributions for school construction (from preschool to high school) as stipulated in Decision No. 248/TTg dated November 22, 1973 of the Prime Minister; and they receive an annual allowance once per academic year with the following amounts:

+ 60,000 dong when attending preschool;

+ 90,000 dong when attending primary school;

+ 120,000 dong when attending middle school and high school.

b) Students who are children of war invalids; children of war invalids (losing labor capacity) from 61% to 80% are exempted from tuition fees when studying at schools from primary to high school.

c) Students who are children of war invalids; children of persons receiving benefits equivalent to war invalids losing labor capacity from 21% to 60%; children of war invalids (losing labor capacity) recognized before December 31, 1994 losing labor capacity from 41% to 60% are granted a 50% reduction in tuition fees when studying at schools from primary to high school.

2. For students and trainees falling under Article 65 of Decree No. 28/CP dated April 29, 1995 of the Government:

2.1. Students and trainees who are heroes of the armed forces, heroes of labor, war invalids, persons receiving benefits equivalent to war invalids; children of martyrs; children of war invalids; children of war invalids (losing labor capacity) from 81% or higher:

a) They are placed in the priority category for selection into universities, colleges, and vocational high schools according to current regulations:

+ When taking entrance exams, they are placed in the first priority group (UT1).

If not meeting the admission requirements for regular full-time study but having sufficient points to enter preparatory classes, they will be admitted to preparatory university classes, but must pass an examination at their school class after one year of preparatory study to be admitted to regular full-time study.

Heroes of the armed forces and labor heroes who have completed secondary education shall be directly admitted to regular full-time study without having to take the national entrance examination.

+ They are considered policy beneficiaries in terms of academic placement, promotion to higher grades, examinations, and end-of-year assessments in schools as prescribed by current state regulations.

b) Exempt from tuition fees;

c) Provided with a one-time allowance each academic year to purchase textbooks and learning materials at the following rates:

+ VND 150,000 when studying at vocational high schools, technical schools, preparatory university classes, or boarding schools for ethnic minorities;

+ VND 180,000 when studying at universities or colleges.

d) Provided with 50% of the monthly bus ticket fare to travel from the dormitory to the school (if applicable).

2.2. Students whose parents are war invalids, disease invalids, or persons receiving benefits equivalent to war invalids with a disability rate of 61% to 80% are exempt from tuition fees. Students whose parents are war invalids, disease invalids, or persons receiving benefits equivalent to war invalids with a disability rate of 21% to 60% are granted a 50% reduction in tuition fees.

3. For students who are recipients of monthly allowances as stipulated in Article 66 of Decree No. 28/CP dated April 29, 1995 issued by the Government:

a) The allowance of VND 150,000 per month is provided to students who are heroes of the armed forces; heroes of labor; war invalids and persons receiving benefits equivalent to war invalids; children of war invalids, disease invalids, or persons receiving benefits equivalent to war invalids with a disability rate of 81% or more with severe injuries or illnesses as specified in Articles 34 and 50 of Decree No. 28/CP dated April 29, 1995 issued by the Government.

b) The allowance of VND 120,000 per month is provided to students who are children of martyrs receiving monthly pensions; children of war invalids, disease invalids, or persons receiving benefits equivalent to war invalids with a disability rate of 81% or more.

c) The allowance of VND 100,000 per month is provided to students who are children of martyrs receiving monthly maintenance allowances; children of war invalids, disease invalids, or persons receiving benefits equivalent to war invalids with a disability rate of 61% to 80%.

Students who are eligible for monthly preferential allowances as stipulated above and achieve good or excellent grades may still receive academic incentives for outstanding performance as prescribed in Circular Joint No. 53/1998/TT-TL/BGD&ĐT-BTC-BLĐTB&XH issued on August 25, 1998 by the Ministry of Education and Training, Ministry of Finance, and Ministry of Labor, Invalids, and Social Affairs regarding the implementation of scholarship and social assistance systems for students in public training institutions.

III. PROCEDURES, DURATION OF STUDY, AND IMPLEMENTATION OF PREFERENTIAL ALLOWANCE SYSTEMS:

A. Procedures for establishing files to receive preferential allowances:

To be considered for preferential allowances upon enrollment, students who are policy beneficiaries need the following documents:

1. For students in educational institutions:

1.1. Students who are only eligible for tuition fee exemptions or reductions need two types of documents:

a) Application form for preferential treatment (Form No. 1) confirmed by the Department of Labor - Invalids and Social Affairs or the Personnel and Labor Department of the organization managing the file (or list) and implementing allowances and subsidies for revolutionary veterans (referred to as the Department of Labor - Invalids and Social Affairs in this document); or confirmed by military or police units currently managing and providing allowances to veterans still serving in the military and police: two copies, kept at the school and the Department of Labor - Invalids and Social Affairs.

b) Copy of the student's birth certificate: two copies, kept at the Department of Labor - Invalids and Social Affairs and at the school.

Before the start of the academic year, the Department of Labor - Invalids and Social Affairs (or military and police units) is responsible for receiving the application forms and birth certificates mentioned above; based on the files (or lists) of revolutionary veterans under management, it confirms the eligibility of students for tuition fee exemptions or reductions. Students or their families submit these documents to the school as the basis for implementing the policy.

1.2. Students who are eligible for a one-time annual allowance in addition to the aforementioned two types of documents need an additional Confirmation Form (Form No. 2A) issued by the school annually.

At the beginning of the academic year, based on the confirmed application form of the student and the number of students managed by the school, the school issues a confirmation form for the student to submit to the Department of Labor - Invalids and Social Affairs managing the veteran's file, or the Department of Labor - Invalids and Social Affairs where the student has permanent residence (for students whose parents are veterans still serving in the military and police) to process the issuance of the one-time allowance.

The Department of Labor - Invalids and Social Affairs is responsible for compiling a list of eligible recipients of preferential allowances, summary tables (Forms No. 7A and 7B), and reports for review and approval by the Provincial Department of Labor - Invalids and Social Affairs to implement the payment of one-time allowances to the families of students and to compile comprehensive reports for the Ministry of Labor - Invalids and Social Affairs.

2. For students in training institutions:

2.1. Students who are only eligible for tuition fee exemptions or reductions follow the procedures outlined in point 1.1 above.

2.2. Students who are eligible for both tuition fee exemptions and one-time allowances or monthly allowances; or those eligible for both tuition fee exemptions and one-time allowances and monthly allowances follow the procedures outlined in point 1.2 above; however, the confirmation form for being a student of the current school (Form No. 2B) is issued quarterly.

B. Duration of study for each course at different levels of education: is specifically defined in the Law on Education dated December 2, 1998.

The time frame for study mentioned above does not include the time spent repeating grades, retaking courses, suspending studies, or supplementary learning provided for policy beneficiaries according to current regulations of the Ministry of Education and Training for each level of education.

Students who are entitled to preferential policies continue to enjoy educational benefits during periods of repeating grades, retaking courses, suspending studies, or supplementary learning if the reasons for these actions are not due to disciplinary measures.

C. Cases involving class transfers, major changes, and school transfers:

1. Students who are entitled to preferential allowances may transfer classes or majors within the same school, and the school will issue new confirmation certificates for students and send them to the Labor, Invalids, and Social Affairs Office managing their files (or lists of revolutionary merit holders).

2. When students transferring schools are entitled to preferential allowances, the transferring-out school will return the application for preferential allowances to the student to submit to the transferring-in school as the basis for issuing confirmation certificates.

Based on the confirmation certificates and notifications from the schools, the Labor, Invalids, and Social Affairs Office will adjust the duration and amount of preferential allowances according to this Circular.

D. The period for receiving annual preferential allowances in the final year of training is calculated as follows: A study period of three months up to less than six months counts as half a school year, entitling the recipient to half the annual preferential allowance; a study period of six months or more counts as a full school year, entitling the recipient to the full annual preferential allowance.

E. Preferential allowance system for students disciplined with suspension of studies, leave of absence for medical treatment, etc.:

1. Heads of educational institutions shall implement current regulations of the Ministry of Education and Training regarding disciplinary suspension of studies, compulsory suspension of studies, leave of absence for medical treatment, conditions for returning to school, etc.

2. In cases where students are disciplined with suspension of studies or leave of absence affecting the reduction or temporary cessation of preferential allowances, the school will send a letter along with the disciplinary decision to the Labor, Invalids, and Social Affairs Office for implementation purposes.

Students who are entitled to preferential benefits cease to enjoy such benefits from the date the school's disciplinary decision becomes effective.

G. One-time allowance after graduation for subjects specified in Article 66 of Decree No. 28/CP of the Government:

Students who are entitled to preferential allowances as stipulated in Article 66 of Decree No. 28/CP of the Government and detailed in Point 3, Part II of this Circular will continue to receive a one-time allowance equal to two months' worth of monthly allowances at the Labor, Invalids, and Social Affairs Office managing the files of revolutionary merit holders, or at the Labor, Invalids, and Social Affairs Office where the students have permanent residence (for students who are children of revolutionary merit holders currently serving in the military or police).

After students complete their graduation exams, the school will notify the Labor, Invalids, and Social Affairs Office to provide the basis for disbursing the aforementioned one-time allowance to the beneficiary and proceed with the procedure to remove the name from the list of students receiving preferential allowances.

Students who are entitled to preferential allowances studying domestically can go abroad for internships, tours, travel... for three months or more, the time spent abroad will not be counted towards preferential allowances. Schools are responsible for notifying the Labor, Invalids, and Social Affairs Office of the specific time students spend abroad to process the temporary suspension of monthly preferential allowances.

When students return from abroad and resume studies, the school will send a letter to the Labor, Invalids, and Social Affairs Office requesting the continuation of monthly preferential allowance payments from the date of re-enrollment.

IV. WORK OF ESTIMATING BUDGETS, ISSUING, MANAGING, AND SETTLING EXPENSES:

1. Funding sources:

The funds for disbursing preferential allowances to students in educational institutions (one-time and monthly allowances) as specified in Articles 64, 65, and 66 of Decree No. 28/CP and detailed in this Circular are guaranteed by the central budget; the management, budget estimation, issuance, and settlement of these funds are carried out according to current regulations.

For the academic year 1999-2000, the Departments of Labor, Invalids, and Social Affairs will prepare budgets for implementing these preferential policies and send them to the Ministry of Labor, Invalids, and Social Affairs (Department of Martyrs and Meritorious Persons) no later than November 15, 1999, for consolidation and adjustment to fit local realities.

The increased funding for 1999 due to extending the number of months of social assistance allowances for students under preferential policies from ten to twelve months as per Article 66 of Decree No. 28/CP dated April 29, 1995, of the Government will be allocated within the existing social security budget for 1999.

2. Method and Time of Payment:

2.1. Method of Payment:

The Labor, Invalids, and Social Affairs Offices will disburse preferential allowances in education and training together with other allowances for policy beneficiaries as follows:

a) For students who are heroes of armed forces, labor heroes, war invalids, and those receiving benefits equivalent to war invalids, children of martyrs, children of war invalids, children of disabled veterans, and children of those receiving benefits equivalent to war invalids: The Labor, Invalids, and Social Affairs Office managing the files (or lists) and disbursing allowances for revolutionary merit holders will simultaneously disburse one-time and monthly preferential allowances along with other allowances for the beneficiaries themselves or their families.

b) For students who are policy beneficiaries (or whose parents are policy beneficiaries) currently serving in the military or police: The Labor, Invalids, and Social Affairs Office where the students' families have permanent residence will disburse one-time and monthly preferential allowances.

2.2. Time of Payment:

a) One-time preferential allowance: Disbursed at the beginning of the academic year for students to purchase textbooks and study materials.

b) Monthly preferential allowances are issued over twelve months in a year and paid out twice during the academic year:

- Semester I is paid in November or December each year.

- Semester II is paid in April or May each year.

In case the payment of preferential allowances to students does not meet the prescribed deadlines for any reason, the recipient shall be entitled to claim such payments in the subsequent payment period.

Annually, the Labor and Social Affairs Departments are responsible for settling accounts with the Provincial Labor and Social Affairs Department according to the current state financial accounting regulations regarding the number of beneficiaries receiving preferential allowances (including children of war invalids and those receiving benefits equivalent to war invalids who are still serving in the military or police), the amount paid, the amount unpaid, and related payment documents.

All allowances received in violation of the prescribed regulations must be recovered and remitted to the State budget.

V. IMPLEMENTATION:

1. This Circular takes effect from September 1, 1999, and replaces Circular No. 07/TTLB dated May 27, 1996, issued by the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Education and Training on guiding the implementation of preferential policies for persons meritorious to the revolution and their children studying at schools.

2. This Circular uniformly applies to public and semi-public educational institutions (for preferential policies stipulated in Articles 64, 65, and 66 of Decree No. 28/CP dated April 29, 1995 of the Government) and private educational institutions (for preferential policies stipulated in Articles 64 and 65 of Decree No. 28/CP dated April 29, 1995 of the Government).

3. For beneficiaries of preferential policies in education who have established files and are currently receiving preferential allowances under Circular No. 07/TT-LB dated May 27, 1996, the Labor and Social Affairs Departments where the schools are located shall issue transfer forms (Form No. 3) and hand them over to the schools to deliver to the students for submission to the Labor and Social Affairs Departments managing their files (or lists) and providing preferential allowances to persons meritorious to the revolution.

Upon receipt of the transfer form submitted by the beneficiary, the Labor and Social Affairs Departments managing the files (or lists) and providing preferential allowances to persons meritorious to the revolution shall examine and proceed with the payment of the remaining preferential allowances for the students according to this Circular.

4. The Labor and Social Affairs Departments are responsible for promptly coordinating with the schools to settle accounts for preferential allowance expenses in education and training as stipulated in Circular No. 07/TT-LB dated May 27, 1996, and report to the Provincial Labor and Social Affairs Department for consolidation and submission to the Ministry of Labor, War Invalids and Social Affairs by the end of the fourth quarter of 1999.

5. The Provincial Labor and Social Affairs Departments; Provincial Finance and Price Departments; Provincial Education and Training Departments; and Treasury Departments of centrally governed cities and provinces are responsible for coordinating, guiding, and thoroughly implementing all provisions set forth in this Circular; they also bear the responsibility for inspecting and auditing the compliance with preferential policies in education and training for students in their respective localities.

Any difficulties encountered during the implementation process should be reported promptly to the relevant ministries for consideration and resolution./.