Joint Circular No. 27/2013/TTLT-BGDĐT-BTC guiding the implementation of Decision No. 12/2013/QĐ-TTG dated January 24, 2013 of the Prime Minister on policies to support high school students in areas with particularly difficult economic and social conditions.

JOINT CIRCULAR

Guidelines for implementing Decision No. 12/2013/QĐ-TTg dated January 24, 2013

of the Prime Minister on support policies for high school students

in areas with extremely difficult socio-economic conditions

__________________________

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. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 12/2013/QĐ-TTg dated January 24, 2013 of the Prime Minister on support policies for high school students in areas with extremely difficult socio-economic conditions;

Minister of Education and Training, the Minister of Finance issues this Joint Circular guiding the implementation of Decision No. 12/2013/QĐ-TTg dated January 24, 2013 of the Prime Minister on support policies for high school students in areas with extremely difficult socio-economic conditions.

Article 1. Scope of Regulation and Applicability

1. This Joint Circular guides the implementation of Decision No. 12/2013/QĐ-TTg dated January 24, 2013 of the Prime Minister on support policies for high school students in areas with extremely difficult socio-economic conditions.

2. This Joint Circular applies to high school students who are ethnic minorities or ethnic Kinh belonging to poor households residing in communes or villages with extremely difficult socio-economic conditions, meeting the conditions specified in Article 2 of this Joint Circular.

Article 2. Conditions for enjoying support policies

1. For students who are ethnic minorities, the following conditions must be met:

a) Currently studying at a public high school or a multi-level public school that includes a high school level;

b) The student, their father, mother, or guardian has permanent residence registration in a commune or village with extremely difficult socio-economic conditions as stipulated in Article 3 of this Joint Circular;

c) The student's home is far from the school or the terrain is rugged, making travel difficult, preventing the student from going to school and returning home on the same day, necessitating staying at the school or nearby area for study. Specifically:

- In cases where the home is far from the school: The distance from the home to the school is 10 kilometers or more;

- In cases where the terrain is rugged and travel is difficult: Students must cross rivers, streams without bridges; pass through mountain passes, high mountains; go through landslide-prone areas. Depending on the actual conditions of each locality, the People's Committee of the province shall specify the specific distance and area to determine the students who cannot go to school and return home on the same day.

2. For students who are ethnic Kinh: In addition to the conditions stipulated in Clause 1 of this Article, the student must belong to a poor household according to the poverty standard set forth in Decision No. 09/2011/QĐ-TTg dated January 30, 2011 of the Prime Minister on the issuance of the poverty and near-poverty standards applicable for the period 2011-2015.

Article 3. Areas with extremely difficult socio-economic conditions

1. The particularly difficult communes are defined in the following documents:

a) Decision No. 164/2006/QĐ-TTg dated July 11, 2006 of the Prime Minister approving the list of particularly difficult communes, border communes, safe zone communes included in the investment program for economic and social development of particularly difficult communes in ethnic minority and mountainous areas for the period 2006-2010 (Program 135 Phase II);

b) Decision No. 05/2007/QĐ-UBDT dated September 6, 2007 of the Minister, Chairman of the National Ethnic Minorities Council recognizing three regions of ethnic minority and mountainous areas based on their level of development;

c) Decision No. 69/2008/QĐ-TTg dated May 28, 2008 of the Prime Minister approving the supplementary list of particularly difficult communes, border communes, safe zone communes included in Program 135 Phase II and the list of communes exiting the investment scope of Program 135 Phase II;

d) Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program for Rapid and Sustainable Poverty Reduction in 62 Poor Districts;

đ) Decision No. 1105/QĐ-TTg dated July 28, 2009 of the Prime Minister approving the supplementary list of particularly difficult communes, border communes, safe zone communes included in Program 135 Phase II and the list of communes completing the objectives and exiting the investment scope of Program 135 Phase II;

e) Decision No. 231/QĐ-TTg dated February 23, 2012 of the Prime Minister approving the list of communes completing the objectives of Program 135 in 2010;

g) Decision No. 539/QĐ-TTg dated April 1, 2013 of the Prime Minister approving the list of particularly difficult communes in coastal and island areas for the period 2013-2015.

2. Particularly difficult hamlets, villages, neighborhoods, settlements, phums, socoks, ăps (collectively referred to as hamlets) are defined in the following decisions:

a) Decision No. 01/2008/QĐ-UBDT dated January 11, 2008 of the Minister, Chairman of the National Ethnic Minorities Council approving the list of particularly difficult hamlets in Zone II included in the investment scope of Program 135 Phase II;

b) Decision No. 325/QĐ-UBDT dated October 19, 2009 of the Minister, Chairman of the National Ethnic Minorities Council approving the list of particularly difficult hamlets in Zone II included in the investment scope of Program 135 Phase II.

3. Other decisions by competent state agencies amending, supplementing, or newly defining the list of particularly difficult communes (Zone III) and particularly difficult hamlets (if any).

Article 4. Level of Support

1. Food allowance support: Each student receives a monthly support equivalent to 40% of the general minimum wage and can benefit for no more than 9 months per academic year/student.

2. Housing allowance support: For students who must arrange their own accommodation, each month they receive a support equivalent to 10% of the general minimum wage and can benefit for no more than 9 months per academic year/student.

Article 5. Procedures for Reviewing and Approving Funding for Secondary School Students in Particularly Difficult Economic and Social Areas

1. Documents:

a) A request for support form from the student (in accordance with the model attached to this Joint Circular);

b) A copy of the Birth Registration Certificate (for students who are ethnic minorities);

c) A copy of the Poverty Household Book or a copy of the Poverty Household Certificate (for students who are Han Chinese);

d) A copy of the Household Register.

2. Review Board:

a) Composition: The board shall have at least seven members, established by the school principal's decision, including:

- Chairperson: The principal or vice-principal;

- Members: Chairman of the Trade Union, secretary of the School Council, Secretary of the Ho Chi Minh Communist Youth League of the school, representative of the Office Department, Head of the Parent-Student Association, class teachers of classes with many students submitting applications.

Depending on specific conditions, the principal may invite additional members to participate in the review board.

b) Tasks:

- Reviewing student beneficiaries of the support policy according to the conditions stipulated in Article 2 of this Joint Circular and submitting them for approval by the competent authority;

- Resolving complaints about the review results (if any) within 7 working days from the date of announcing the results.

3. Procedure for Review and Approval:

a) Annually, after the start of the school year, the school organizes the wide dissemination and notification of guidance for eligible students to prepare application documents for support;

b) Within 10 working days from the date of posting the notice, students submit their application documents to the school. When submitting the documents, students must present the original copies along with the copies of the required documents specified in Clause 1 of this Article. The person receiving the documents is responsible for comparing the copies with the originals, signing to confirm the comparison, and writing their name clearly on the copies to be included in the student's file;

c) Within 7 working days from the deadline for submission of documents, the Review Board conducts the review and sends the list of students recommended for support along with copies of the review documents to the provincial education and training department;

d) Within 7 working days from the receipt of all schools' documents, the provincial education and training department reviews the files, compiles a list of students eligible for support throughout the province, and submits it for approval by the provincial People's Committee;

đ) Within 7 working days from the receipt of the submitted documents from the provincial education and training department, the provincial People's Committee examines and approves the list of students eligible for support;

e) The provincial education and training department sends the schools the results of the approval of the list of students eligible for support by the provincial People's Committee so that the schools can publicly announce the results and implement the program.

4. Payment Method:

The funding for food and housing allowances for students is paid monthly. Depending on specific conditions, the school decides whether to retain the food allowance funds to organize meals for students or to pay cash directly to the students.

Article 6. Sources of funds, budget preparation, management, utilization, and settlement of funds

1. The sources of funds for implementing the student support policy as guided by this Joint Circular shall be balanced within the annual state budget for educational and training expenses according to the分级管理的国家预算级别。

The central budget will support local budgets based on the following principles:

a) Supporting 100% of additional funding needs for localities that have not yet achieved budget self-balancing and the province of Quảng Ngãi;

b) Supporting 50% of additional funding needs for localities with a distribution rate of revenue below 50%;

c) For localities that distribute revenue to the central budget, they must use their local budget to implement part or all of the policy; if there is a shortfall due to objective reasons or low revenue increase: After using 50% of the increased local budget revenue (if any) and 50% of the local budget reserve allocated by the Prime Minister, if there is still a shortage, the central budget will cover the difference;

d) Remaining localities: Local budgets must ensure self-sufficiency.

2. Budget Preparation and Allocation:

The preparation and allocation of the budget for implementing policies as guided by this Joint Circular shall be carried out simultaneously with the time of preparing and allocating the annual state budget at the local level. Responsibilities of relevant agencies are as follows:

a) At the time of preparing the state budget, schools base on the number of students benefiting from the policy as stipulated to prepare the budget for support funds, send it to the Department of Education and Training for review, then submit it to the financial agency for consolidation into the annual state budget expenditure plan of the locality, report to the competent authority for approval and allocation in the annual regular budget expenditure plan of the schools.

Based on the allocated budget, the list of students benefiting from the policy approved, the school organizes payment to students; manages and settles accounts according to current financial regulations;

b) Annually, the provincial People's Committee bases on the Prime Minister's Directive on building plans for economic and social development and the state budget estimate; the Ministry of Finance's guidance on building the state budget estimate, builds the budget estimate for implementing policies as guided by this Joint Circular, consolidates it into the overall plan of the locality and sends it to the Ministry of Finance and the Ministry of Education and Training at the same time as reporting the state budget estimate for the planning year.

Financial agencies at all levels are responsible for ensuring support funds, guiding management, and supervising implementation according to regulations.

The State Treasury implements control, disbursement, and settlement of support funds according to the current regulations of the Ministry of Finance regarding the management, disbursement, and settlement of budget expenditures through the State Treasury.

, Clause 1, Clause 2 Article 7a of this Regulation.. Effectiveness

1. This Joint Circular takes effect from September 1, 2013.

2. The implementation date of the student support policy stipulated in this Joint Circular is calculated from March 15, 2013.

In 2013, localities arrange within the local budget already allocated to implement the student support policy stipulated in this Joint Circular.

3. During the implementation process, if the normative legal documents cited for application in this Joint Circular are amended, supplemented, or replaced by new documents, they will be applied according to those new documents; in case of difficulties, please reflect them to the Ministry of Education and Training to take the lead in coordinating with the Ministry of Finance to consider and resolve./.