Circular No. 35/2011/TT-BGDĐT on awarding and receiving scholarships and allowances for students in educational institutions within the national education system

 CIRCULAR

REGULATIONS ON GRANTING AND RECEIVING SCHOLARSHIPS AND ASSISTANCE FOR STUDENTS IN EDUCATIONAL INSTITUTIONS UNDER THE NATIONAL EDUCATION SYSTEM

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. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

At the proposal of the Director of the Department of Student Affairs,

The Minister of Education and Training promulgates regulations on granting and receiving scholarships and assistance for students in educational institutions under the national education system:

Article 1. Scope of Regulation

1. This Circular stipulates the granting and receiving of scholarships and assistance for students in educational institutions under the national education system, including: Principles for accepting, selecting, and awarding scholarships and assistance; accepting scholarships and assistance; selecting and awarding scholarships and assistance; rights and responsibilities of students receiving scholarships and assistance; responsibilities of the heads of educational institutions; responsibilities of provincial departments of education and training.

2. Scholarships and assistance stipulated in this Circular are scholarships and assistance provided without repayment from sources outside the state budget by domestic and foreign organizations, entities, and individuals (hereinafter referred to as sponsors) to students in educational institutions with the purpose of supporting and encouraging students to strive for academic achievement, discipline, and the development of their educational careers.

Article 2. Applicability

1. This Circular applies to students at preschool educational institutions, general education institutions, continuing education centers, vocational colleges, and higher education institutions under the national education system (hereinafter collectively referred to as educational institutions); related organizations and individuals.

2. This Circular does not apply to the following forms of sponsorship:

a) Direct sponsorship to students without going through educational institutions or educational management agencies;

b) Sponsorship for students participating in tours, exchanges, or training courses outside the curriculum currently being studied at educational institutions;

c) Sponsorship for school-wide activities.

Article 3. Principles for Accepting, Selecting, and Awarding Scholarships and Assistance

1. Creating favorable conditions and encouraging sponsors to support students for the development of the educational career.

2. The selection process must ensure fairness, transparency, and accuracy in targeting; it should not create administrative procedures that burden students or cause difficulties for educational institutions.

3. The awarding process must be solemn, serious, flexible, and appropriate to actual conditions and circumstances, encouraging students to actively strive for improvement in their studies and discipline.

Article 4. Acceptance of Scholarships and Assistance

1. The agencies responsible for accepting scholarships and assistance include:

a) Educational management agencies, if authorized by the sponsor. Educational management agencies guide educational institutions in selecting students to receive scholarships and assistance according to agreed criteria and standards with the sponsor;

b) Educational institutions, if directly sponsored.

2. The agency responsible for accepting scholarships and assistance negotiates with the sponsor regarding specific requirements for all parties involved, agrees with the sponsor in writing on the scholarship and assistance sponsorship, sets out criteria, application procedures, and the rights and responsibilities of all parties involved in the selection of scholarships and assistance for students.

Article 5. Selection and awarding of scholarships and grants

1. Scholarship and grant selection

a) Educational institutions widely announce and publicly post within their premises to inform students about scholarship and grant programs;

b) Depending on the requirements of each scholarship and grant program, the selection of students to receive scholarships and grants may be proposed by the scholarship and grant review board of the educational institution or recommended by students through the opinions of class collectives, class advisors, departments, functional offices, and educational institution youth organizations;

c) The head of the educational institution bases the examination and issuance of scholarships and grants on the criteria and quantity specified, directly coordinating scholarship and grant sources and recipients to prevent students from receiving scholarships and grants simultaneously from multiple programs;

d) The head of the educational institution approves the list of students receiving scholarships and grants after reaching agreement with the sponsors. In cases where sponsorship is conducted through educational management agencies, the list proposed by the educational institution is submitted to the educational management agency for agreement with the sponsor. The selected list must be publicly posted at the educational institution.

2. Forms of awarding scholarships and grants

Depending on the specific conditions of the educational institution and scholarship and grant programs, the awarding of scholarships and grants to students can be implemented in the following forms:

a) Organizing a ceremony to present scholarships and grants;

b) Awarding during the organization of activities at the educational institution;

c) Directly providing cash to students or transferring via ATM cards;

d) Other lawful methods of transferring funds.

Article 6. Rights and responsibilities of students receiving scholarships and grants

1. Rights of students receiving scholarships and grants

a) To be informed about scholarship and grant programs; to express legitimate wishes and equality in receiving scholarships and grants if they meet the program requirements;

b) To have the right to appeal to the head of the educational institution, the sponsor, or competent authorities if they find that the scholarship and grant selection does not comply with regulations.

2. Responsibilities of students receiving scholarships and grants

a) To be honest when registering to participate in the program;

b) To use the sponsored funding for its intended purpose; to fulfill commitments made with the sponsor or educational institution (if applicable); to actively strive in studies and training;

c) To promptly report to the head of the educational institution when the sponsor has additional requirements different from the initial objectives of the received scholarship or grant.

Article 7. Rights and responsibilities of sponsors

1. Rights of sponsors

a) To be provided favorable conditions in supporting students for the development of the education cause;

b) To enjoy preferential policies stipulated in Circular No. 130/2008/TT-BTC dated December 26, 2008, of the Ministry of Finance regarding guidance on implementing certain provisions of the Law on Corporate Income Tax No. 14/2008/QH12 and guidance on implementing Decree No. 124/2008/NĐ-CP dated December 11, 2008, of the Government detailing certain provisions of the Law on Corporate Income Tax;

c) To be fully informed about the implementation of scholarship and grant programs;

d) To ensure their rights according to the agreed-upon agreement document with the scholarship and grant recipient unit in compliance with Vietnamese law.

2. Responsibilities of sponsors

a) To fulfill commitments in the agreement document with the scholarship and grant recipient unit;

b) Not to arbitrarily introduce additional complex procedures or organizational forms inconsistent with the scale of scholarships and grants and Vietnamese cultural identity.

Article 8. Responsibilities of the head of educational institutions

1. Actively seek sources of funding and take measures to encourage sponsors to support students with difficult economic conditions, policy beneficiaries, disabled students, and to encourage talent.

2. Based on the provisions of this Circular and the specific conditions of the educational institution, issue regulations on procedures and processes for selecting and awarding scholarships and allowances of the educational institution; assign tasks to units responsible for receiving, selecting, and awarding scholarships and allowances.

3. Establish a Scholarship and Allowance Selection Council chaired by a representative from the leadership of the educational institution, representatives from functional departments, and the Parent-Student Association (for preschool education institutions, general education institutions, and continuing education centers) or representatives from the Ho Chi Minh Communist Youth Union and Student Associations (for vocational colleges and higher education institutions).

4. Coordinate with sponsors to effectively implement scholarship and allowance sponsorship programs.

5. Monitor, retain, manage files, and organize the receipt, selection, and awarding of scholarships and allowances to students according to the provisions of Clause 2, Article 5 of this Circular; annually compile and report to the superior educational management agency before August 1st regarding scholarships and allowances received during the academic year.

Article 9. Responsibilities of the Department of Education and Training

1. Direct the education and training departments and subordinate educational institutions to implement the receipt, selection, and awarding of scholarships and allowances as stipulated in this Circular.

2. Organize inspections and audits of the receipt, selection, and awarding of scholarships and allowances to students by subordinate educational institutions.

3. Compile results of the receipt, selection, and awarding of scholarships and allowances to students by subordinate educational institutions, and report to the Ministry of Education and Training before August 30th each year.

4. Organize commendations and honors or advise the People's Committee of the province, the Ministry of Education and Training to reward and encourage organizations, agencies, and individuals who sponsor scholarships and allowances for students.

Article 10. Effective Date

This Circular takes effect from September 25, 2011.

Previous regulations contrary to the provisions of this Circular are abolished.

Article 11. Responsibility for Implementation

The Director of the Office, Heads of Departments of Student Affairs, Heads of relevant units under the Ministry of Education and Training, Directors of Departments of Education and Training, Directors of universities, academies, continuing education centers, Principals of universities, colleges, vocational colleges, and preschool and general education institutions are responsible for implementing this Circular./.