Joint Circular No. 29/2011/TTLT-BGDĐT-BTC guiding the implementation of funding for midday meals for five-year-old children at preschool education facilities as stipulated in Decision No. 239/QĐ-TTg dated February 9, 2010 of the Prime Minister approving the Program on Universalizing Preschool Education for Five-Year-Old Children for the period 2010-2015.

JOINT CIRCULAR

Guidelines for Implementing Subsidies for Lunch for Five-Year-Old Children at Early Childhood Education Facilities pursuant to Decision No. 239/QĐ-TTg dated February 9, 2010 of the Prime Minister approving the Program on Universalizing Early Childhood Education for Five-Year-Old Children for the 2010-2015 period

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Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

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. 239/QĐ-TTg dated February 9, 2010 of the Prime Minister approving the Program on Universalizing Early Childhood Education for Five-Year-Old Children for the 2010-2015 period;

The Ministry of Education and Training and the Ministry of Finance issue guidelines for implementing subsidies for lunch for five-year-old children at early childhood education facilities pursuant to Decision No. 239/QĐ-TTg dated February 9, 2010 of the Prime Minister approving the Program on Universalizing Early Childhood Education for Five-Year-Old Children for the 2010-2015 period (hereinafter referred to as Decision No. 239) as follows:

Article 1. Scope of Regulation

These Circulars provide guidelines for implementing subsidies for lunch for five-year-old children (children who reach five years old during the school year according to their date of birth) studying at early childhood education facilities, in accordance with point c Clause 2 Part IV Article 1 of Decision No. 239.

Article 2. Recipients of lunch subsidies

1. Five-year-old children studying at early childhood education facilities whose parents are registered residents in border communes, mountainous communes, island communes, and communes with particularly difficult socio-economic conditions as prescribed in the relevant competent state agencies' documents. Specifically:

a) Border communes: Communes located along the national land border from the national land border inward to the commune administrative boundary that coincides with the national land border; communes located along the national sea border from the national sea border inward to the commune administrative boundary adjacent to the sea and islands, archipelagos; the list of communes in border areas on land and sea is prescribed in the Government's Decrees promulgating the Border Area Regulations;

b) Mountainous communes are those highland communes prescribed in the following Decisions:

- Decision No. 21/UB-QĐ dated January 26, 1993 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 33/UB-QĐ dated June 4, 1993 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 08/UB-QĐ dated March 4, 1994 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 64/UB-QĐ dated August 26, 1995 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 68/UB-QĐ dated March 9, 1997 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 42/UB-QĐ dated May 23, 1997 of the Committee for Ethnic Minorities and Mountainous Areas recognizing three mountainous and highland regions;

- Decision No. 26/1998/QĐ-UB dated March 18, 1998 of the Committee for Ethnic Minorities and Mountainous Areas recognizing three mountainous and highland regions;

- Decision No. 363/2005/QĐ-UBDT dated August 15, 2005 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 172/2006/QĐ-UBDT dated July 7, 2006 of the Committee for Ethnic Minorities and Mountainous Areas recognizing communes, districts, and provinces as mountainous and highland areas;

- Decision No. 01/2007/QĐ-UBDT dated May 31, 2007 of the Committee for Ethnic Minorities recognizing communes and districts as mountainous and highland areas due to administrative boundary adjustments;

- Decision No. 61/QĐ-UBDT dated March 12, 2009 of the Committee for Ethnic Minorities recognizing communes and districts as mountainous and highland areas due to administrative boundary adjustments.

c) Island communes, communes with particularly difficult socio-economic conditions:

During the period when the competent state agencies have not issued new regulations for the period after 2010, the list of island communes and communes with particularly difficult socio-economic conditions shall be implemented in accordance with the following documents:

- Decision No. 106/2004/QĐ-TTg dated June 11, 2004 of the Prime Minister approving the list of particularly difficult communes in coastal and island areas;

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

- Decision No. 113/2007/QĐ-TTg dated July 20, 2007 of the Prime Minister approving the list of communes that have completed the objectives of the economic and social development program in ethnic minority and mountainous areas, border areas, and remote areas for the 1999-2005 period, supplementing communes, villages, and hamlets to the investment scope of Program 135 Phase II and communes in coastal and island areas to the investment scope of the National Target Program to Reduce Poverty for the 2006-2010 period;

- Decision No. 05/2007/QĐ-UBDT dated September 6, 2007 of the Committee for Ethnic Minorities recognizing three regions of ethnic minorities and mountainous areas according to their level of development;

- Decision No. 01/2008/QĐ-UBDT dated January 11, 2008 of the Committee for Ethnic Minorities approving the list of particularly difficult villages in commune zone II included in the investment scope of Program 135 Phase II;

- Decision No. 69/2008/QĐ-TTg dated May 28, 2008 of the Prime Minister approving the supplementary list of particularly difficult communes, border communes, and safe area communes included in the investment program of Program 135 Phase II and the list of communes that have completed the objectives and exited the investment scope of Program 135 Phase II;

- Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to Support Rapid and Sustainable Poverty Reduction in 61 Poor Districts;

- Decision No. 1105/QĐ-TTg dated July 28, 2009 of the Prime Minister approving the supplementary list of particularly difficult communes, border communes, and safe area communes included in the investment program of Program 135 Phase II and the list of communes that have completed the objectives and exited the investment scope of Program 135 Phase II;

- Decision No. 325/QĐ-UBDT dated October 19, 2009 of the Ethnic Minority Committee on approving additional particularly difficult communes in Zone II for investment under Phase II of Program 135;

- Decree No. 116/2010/NĐ-CP dated December 24, 2010 of the Government on policies for cadres, civil servants, public officials, and personnel receiving salaries in the armed forces working in areas with extremely difficult economic and social conditions;

- Other provisions of competent state agencies regarding amendments and supplements to communes in island regions and areas with extremely difficult economic and social conditions (if any).

2. Children aged five years old currently attending preschool education institutions who have lost both parents and have no place to rely on or suffer from disabilities and financial difficulties. Specifically:

a) Children aged five years old attending preschool education institutions who have lost both parents and have no place to rely on;

b) Children aged five years old attending preschool education institutions who suffer from disabilities and financial difficulties;

3. Children aged five years old currently attending preschool education institutions whose parents belong to households classified as poor according to current regulations of the State, not included in the communes specified in Clause 1 of this Article. The poverty standard is implemented in accordance with the Prime Minister's approval for each period (currently implemented according to Decision No. 09/2011/QĐ-TTg dated January 30, 2011 of the Prime Minister on issuing the poverty household standard applicable for the 2011-2015 period).

Article 3. Level of support and source of funding

1. The level of support is VND 120,000 per month per child, based on actual attendance time, but not exceeding nine months per academic year.

2. The source of funding for implementing the midday meal allowance for children aged five years old attending preschool education institutions as stipulated in this Circular shall be balanced within the annual budget for educational and training expenses of localities.

The central government budget will support localities according to the principle that the central government budget will cover 100% of the funding needs for provinces and cities that cannot balance their budgets independently; it will cover 50% for provinces and cities with a central government revenue sharing ratio below 50%; and the remaining provinces and cities must ensure funding from their own local budgets.

Article 4. Documentation, procedures, and methods of disbursing support for midday meals

1. Documents for reviewing midday meal support grants:

a) For children aged five years old currently attending preschool education institutions whose parents are registered residents in border communes, mountainous communes, island communes, and communes with extremely difficult economic and social conditions; the documentation includes:

- A request form for midday meal support (model form attached as Appendix 1) submitted by the child's parent or guardian or adoptive parent;

- Birth certificate (copy);

- A copy of the household registration book of the family (copy);

b) For children aged five years old attending preschool education institutions who have lost both parents and have no place to rely on; the documentation includes:

- A request form for midday meal support (model form attached as Appendix 1) submitted by the child's parent or guardian or adoptive parent;

- Birth certificate (copy);

- A copy of the Decision on Social Assistance issued by the Chairman of the People's Committee of the district, town, or city directly under the province (hereinafter referred to as the District People's Committee) or a copy of one of the following documents:

+ The Decision of the People's Committee of the commune, ward, or town (hereinafter referred to as the Commune People's Committee) where the child resides regarding the appointment of a guardian or the proposal to an organization to act as a guardian for the child;

+ The minutes of the Commune-level Review Board where the child resides;

+ The confirmation letter of the Commune People's Committee regarding the situation of the child being abandoned or orphaned;

+ The adoption application for orphaned or abandoned children with the confirmation of the Commune People's Committee where the child resides or the decision recognizing the adoption of the child by the Commune People's Committee.

c) For children aged five years old attending preschool education institutions who suffer from disabilities and financial difficulties; the documentation includes:

- A request form for midday meal support (model form attached as Appendix 1) submitted by the child's parent or guardian or adoptive parent;

- Birth certificate (copy);

- A certificate from a county hospital or the Commune-level Review Board where the child resides (copy).

d) For children aged five years old currently attending preschool education institutions whose parents belong to households classified as poor according to current regulations of the State, not included in the communes specified in Clause 1 of Article 2; the documentation includes:

- A request form for midday meal support (model form attached as Appendix 1) submitted by the child's parent or guardian or adoptive parent;

- Birth certificate (copy);

- A copy of the Poverty Household Certificate issued by the Commune People's Committee.

2. Procedures and timeframes:

- At the beginning of each academic year, preschool education institutions (including public and private institutions) must widely disseminate and inform parents (or guardians, adoptive parents) of eligible children aged five years old about the policy and guide them to write and submit requests for midday meal support.

When submitting applications at preschool education institutions, parents (or guardians, adoptive parents) of children aged five years old must present original copies along with copies of the required documents for the application process as stipulated in Clause 1 of this Article. The person receiving the application has the responsibility to compare the copies with the originals, sign to confirm the comparison, and clearly record their name on the copies to be included in the application file.

Within forty-five days from September 1st each year, preschool education institutions must prepare a list of children applying for midday meal support by category (using the model form attached as Appendix 2) and send it to the Commune People's Committee where the institution is located, along with the supporting documents for the midday meal support application.

- Within five working days from the date of receipt of all documents, the Commune People's Committee is responsible for reviewing and signing to confirm the list of children by category enjoying the policy and returning it to the preschool education institution. If there are any additions or deletions to the list, the names and reasons for such changes must be clearly recorded.

- Within three working days from the date of receipt of the confirmation from the Commune People's Committee, the preschool education institution must submit a request letter along with the list and the confirmation document from the Commune People's Committee to the Department of Education and Training at the district level for consolidation and review.

- Within ten working days from the date of receipt of the preschool education institution's documents, the Department of Education and Training must review the documents, approve the list, and notify the preschool education institution. Simultaneously, they must compile the information using the form attached as Appendix 3 and submit it to the finance department at the same level for the district People's Committee to review and establish the budget; they must also report to the provincial finance department and the provincial Department of Education and Training.

- Within fifteen working days from the date of receiving complete reports from the People's Committee at the district level, the Department of Finance shall take the lead in coordinating with the Department of Education and Training to compile the entire province (in accordance with Appendix 4) for budget preparation, and simultaneously report to the Ministry of Finance and the Ministry of Education and Training.

3. Methods of disbursement for support:

The disbursement of funds for lunch support for five-year-old preschool children shall be provided for a maximum of nine months per academic year and implemented twice a year: the first disbursement covers four months in October or November each year; the second disbursement covers five months in March or April each year. The methods of disbursement for different types of schools are as follows:

- For public kindergartens: The kindergarten educational institution is responsible for implementing the disbursement. Depending on the actual management and organization of lunch, the leadership of the kindergarten educational institution will coordinate with the parent representative council to decide on one of two methods: direct cash payment to parents (or guardians, adopters) or retaining the funds to provide lunch for the children (encouraging kindergartens to organize centralized meal preparation for children).

- For non-public kindergartens: The Department of Education and Training is responsible for implementing the disbursement. Depending on the actual management and organization of lunch, the Department of Education and Training will coordinate with non-public kindergarten educational institutions to decide on one of two methods: direct cash payment to parents (or guardians, adopters) or retaining the funds to provide lunch for the children (encouraging kindergartens to organize centralized meal preparation for children).

Article 5. Budget Preparation, Management, Use, Settlement, and Finalization of Funds

1. The preparation and allocation of the budget for funding the policy of providing lunch support for five-year-old children shall be carried out concurrently with the annual state budget allocation at the local level, and the budget must clearly specify the funding for the lunch support policy for five-year-old children and the number of beneficiaries. The responsibilities of relevant agencies are as follows:

- Public kindergarten educational institutions are responsible for preparing the budget for funds, submitting it to the Department of Education and Training; receiving funds from the state budget and directly disbursing them, settling accounts with the state budget. The Department of Education and Training is responsible for preparing the budget for supporting children in non-public kindergarten educational institutions, receiving funds from the state budget, and organizing the disbursement of support funds for children in non-public kindergarten educational institutions, settling accounts with the state budget.

- The Department of Education and Training is responsible for compiling the budget for lunch support for five-year-old children throughout the district, sending it to the financial authority at the same level for review, presenting it to the People's Committee at the district level for consideration and decision-making, and sending it to the Department of Finance for inclusion in the local state budget expenditure plan, reporting to the People's Committee at the provincial level; simultaneously sending the report to the Department of Education and Training for coordinated management.

- Annually, the People's Committee at the provincial level bases its construction of the economic and social development plan and the state budget estimate on the Prime Minister's Directive, and the Circular guiding the Ministry of Finance on the construction of the state budget estimate, constructing the budget estimate for lunch support, consolidating it within the local state budget expenditure plan, and reporting it to the Ministry of Finance together with the state budget estimate report for the planning year.

2. Financial authorities at all levels are responsible for ensuring the support funds, guiding management, and supervising the implementation.

3. The State Treasury shall implement control, issuance, and settlement of funds for lunch support for five-year-old children according to the current regulations of the Ministry of Finance regarding guidance on management, issuance, and settlement of state budget expenditures through the State Treasury; consumption systems and provisions stipulated in this Circular.

Article 6. Implementation Organization

1. This Circular shall take effect 45 days from the date of signature.

2. Implementation of the policy must ensure that the purpose, target group, and content of support are correct, and integrate with other policies with the same content and objectives currently being implemented in the locality. Beneficiaries of the lunch support policy under this Circular who simultaneously enjoy multiple similar policies shall only benefit from the policy with the highest preferential treatment.

3. During the implementation process, if the referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they will be applied according to those new documents.

During implementation, if there are any difficulties, please report them to the Ministry of Education and Training for coordination with the Ministry of Finance to consider and resolve./.