JOINT CIRCULAR No. 42/2013/TTLT-BGDĐT-BLĐTBXH-BTC REGULATING EDUCATION POLICIES FOR PERSONS WITH DISABILITIES

JOINT CIRCULAR

Article 24REGULATING POLICIES ON EDUCATION FOR PERSONS WITH DISABILITIES

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Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

2. For Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and the selection of investors on the National Public Procurement Network, it suspends its effectiveness from August 1, 2022 to September 15, 2022.June 2024;55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units;No. Pursuant to the Sports and Physical Education Law dated December 29, 2006;

Pursuant to DecreeNo. 36/2012/ND-CP dated April 18, 2012 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.""4. As of March 31, 2021, credit card issuers that issue cards with BINs issued by the State Bank of Vietnam must comply with the Domestic Chip Card Standard."onPursuant to Decree No. 158/2007/NĐ-CP dated October 27, 2007, issued by the Government, stipulating the list of positions and time limits for periodic rotation of positions for cadres, civil servants, and officials; Decree

Pursuant to DecreeNo. Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Decree No. 20/2014/NĐ-CP dated March 24, 2014 of the Government on universal education and literacy eradication;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Deputy Prime Minister shall prescribe principles, criteria, allocation standards for central budget funds, and the proportion of counterpart local budget funds for implementing the Target Program for National Poverty Reduction for the period 2021-2025

Pursuant to DecreeNo. 215/2013/NĐ-CP dated December 23, 2013, of the Government stipulating functions, tasks, powers, and list of fees,onGeneral Department of Political Affairs; organization Implementing Resolution No. 35/NQ-CP dated May 16, 2016

Pursuant to DecreeNo. 28/2012/ND-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities;No. Article of the Law on Persons with Disabilities;

Minister of TransportJune 2024;The Minister of Education and Training, the Minister of Labor, Invalids and Social Affairs, and the Minister of Finance issue this Circular regulating policies on education for persons with disabilities."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."List of education for persons with disabilities.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates policies on education for persons with disabilities, including: preferential admission and enrollment; exemption or reduction of certain subjects or educational activities in the curriculum; assessment of educational outcomes; tuition fee policies; scholarship policies and support for learning materials and equipment.

Article 2. This Circular applies to persons with disabilities studying in educational institutions that provide education for persons with disabilities, development support centers for inclusive education (hereinafter referred to collectively as educational institutions), and other related organizations and individuals. This Circular does not apply to persons with disabilities studying at vocational training institutions.

Article 3. Preferential Admission and Enrollment

Clause 1. Preferential Admission

Persons with disabilities may be admitted at an age higher than the general requirement of three years old.

Clause 2. Preferential Enrollment

Point a. For secondary schools and high schools

Persons with disabilities shall enjoy direct admission policies to high schools as stipulated in the Regulations on Secondary School Admissions and High School Admissions issued by the Ministry of Education and Training, similar to students from boarding schools for ethnic minorities and students from ethnic minority groups with very small populations;

Point b. For vocational colleges

Persons with disabilities shall be directly admitted to vocational colleges according to the Regulations on Vocational College Admissions issued by the Ministry of Education and Training. Principals of vocational colleges or schools offering vocational college programs shall base their decisions on the students' academic records from general education, health status, and requirements of the training program to decide on direct admission.

Point c. For universities and colleges

Severely disabled persons shall be directly admitted to universities and colleges based on their academic records from general education, health status, and requirements of the training program. Principals of these institutions shall make such decisions.

Persons with severe disabilities shall enjoy preferential policies when applying for admission to universities and colleges as specified in the Regulations on Regular University and College Admissions issued by the Ministry of Education and Training.

Article 4. Exemption or Reduction of Certain Subjects or Educational Activities in the Curriculum

Clause 1. Persons with disabilities who study through inclusive education shall follow the common education curriculum. In cases where persons with disabilities cannot meet the requirements of the common education curriculum, the head of the educational institution shall adjust, exempt, reduce, or replace certain subject contents or educational activities appropriately, which shall be reflected in the Individual Education Plan.

Clause 2. Persons with disabilities who study through specialized education at specialized educational institutions or specialized classes within educational institutions shall follow the specialized education curriculum prescribed by the Ministry of Education and Training for each type of disability. In cases where persons with disabilities cannot meet the requirements of the specialized education curriculum, the head of the educational institution shall adjust, exempt, reduce, or replace certain subject contents, subjects, or educational activities appropriately, which shall be reflected in the Individual Education Plan.

Article 4. Evaluation of educational outcomes

1. The evaluation of educational outcomes for persons with disabilities shall be conducted based on the principle of encouraging and motivating efforts and progress of learners.

2. For persons with disabilities studying through inclusive education methods, the educational outcomes of subjects or educational activities that meet the general education program requirements shall be evaluated similarly to those of regular students but with reduced requirements for academic results. Subjects or educational activities that persons with disabilities cannot meet the general requirements shall be evaluated based on the results of implementing the Individual Education Plan; no evaluation shall be made for exempted subject contents, subjects, or educational activities.

3. For persons with disabilities studying through specialized education methods, the educational outcomes of subjects or educational activities that meet the specialized education program requirements shall be evaluated according to the regulations for specialized education. Subjects or educational activities that persons with disabilities cannot meet the specialized education requirements shall be evaluated based on the results of implementing the Individual Education Plan.

Article 5. Promotion to higher grades and issuance of graduation certificates

1. For general education

The head of the educational institution or the educational management agency at the appropriate level shall base their decision to promote to higher grades or confirm completion of the primary school program, issue a junior secondary school graduation certificate, or issue a general secondary school graduation certificate for persons with disabilities studying under the general education program on the academic results of subjects and educational activities. For persons with disabilities who cannot meet the general education program requirements, the decision shall be based on the results of implementing the Individual Education Plan.

2. For higher education and vocational college education

The head of higher education institutions or vocational colleges shall base their decision to issue graduation certificates on the academic and educational activity results of persons with disabilities who meet the graduation standards of the training programs.

Article 6. Policies on tuition fees

Persons with disabilities studying at educational institutions shall be exempted from or have their tuition fees reduced and be supported with learning expenses according to the provisions of Decree No. 49/2010/ND-CP dated May 14, 2010, on exemption and reduction of tuition fees, support for learning expenses, and mechanisms for collecting and using tuition fees for national education systems from the 2010-2011 academic year to the 2014-2015 academic year, and Decree No. 74/2013/ND-CP dated July 15, 2013, of the Government amending and supplementing certain articles of Decree No. 49/2010/ND-CP dated May 14, 2010, of the Government.

Article 7. Scholarship policies and support for learning tools and materials

1. Persons with disabilities belonging to poor households or near-poor households studying at educational institutions shall receive a monthly scholarship equivalent to 80% of the basic wage stipulated by the Government during each period.

Persons with disabilities eligible for policy benefits currently studying at higher education institutions or vocational colleges shall receive a scholarship for ten months per academic year; persons with disabilities eligible for policy benefits currently studying at preschool education institutions, general education institutions, continuing education centers, special schools, or integration development support centers shall receive a scholarship for nine months per academic year.

This provision shall not apply to persons with disabilities who already receive scholarships under the policy regulations stipulated in Decision No. 152/2007/QĐ-TTg dated September 14, 2007, of the Prime Minister.

2. Persons with disabilities belonging to poor households or near-poor households currently studying at educational institutions shall be supported with funds to purchase learning tools and materials at a rate of VND 1,000,000 per person per academic year.

Persons with disabilities eligible for policy support for learning tools and materials who simultaneously enjoy multiple different policy supports for learning tools and materials shall only benefit from the highest support regime.

3. Public educational institutions with persons with disabilities enrolled shall be supported by the State with funds to purchase textbooks, learning materials, and special-purpose learning tools for shared use, ensuring a minimum level.

Annually, at the time of preparing the budget estimate for the planning year, the educational institution shall base its number of students with disabilities and types of disabilities to prepare a procurement plan (learning materials, special-purpose learning tools for shared use) and detailed budget estimates to submit to the supervising agency for approval and consolidation to the financial agency for review and approval by the competent authority. Based on the approved budget estimate and the actual characteristics of the educational institution, the head of the educational institution shall implement procurement in accordance with the regulations.

Article 8. The procedures, formalities, and documents for scholarship disbursement and support for purchasing educational tools and equipment exclusively for persons with disabilities as stipulated in Clause 1 and Clause 2 of Article 7 of this Joint Circular

1. For persons with disabilities studying at public educational institutions

a) Procedures, formalities, and documents:

Within thirty working days from the start of the academic year, the head of the educational institution shall notify the person with disabilities studying at the institution (or their parents or guardians) about the policy for persons with disabilities and submit a set of documents including:

- A disability certificate issued by the competent authority according to the State's regulations (certified copy);

- A poverty or near-poverty certificate issued by the People's Committee of the commune, ward, or town (certified copy).

The head of the public educational institution shall organize the verification process based on Clause 1 and Clause 2 of Article 7 of this Joint Circular, be responsible for the accuracy of the documents, compile a list, prepare a budget estimate, report to the direct superior management agency for review and approval, and then report to the financial agency for approval of the budget to implement the scholarship policy and support for purchasing educational tools and equipment exclusively for persons with disabilities studying at the educational institution.

b) Disbursement method

The funds for implementing the scholarship policy and supporting costs for purchasing educational tools and equipment exclusively for persons with disabilities studying at public educational institutions shall be balanced within the annual budget allocation for these institutions. Based on the approved annual education service budget, the educational institution shall manage the funds, organize the disbursement of scholarships and support for purchasing educational tools and equipment exclusively for persons with disabilities according to Clause 1 and Clause 2 of Article 7 of this Joint Circular;

The allocation of the budget for implementing the scholarship policy and supporting costs for purchasing educational tools and equipment exclusively for persons with disabilities shall be carried out simultaneously with the annual state budget allocation, where when allocating the budget to public educational institutions, it must clearly specify the budget for implementing the scholarship policy and supporting costs for purchasing educational tools and equipment exclusively for persons with disabilities studying at public educational institutions;

When withdrawing the budget for implementing the scholarship policy and supporting costs for purchasing educational tools and equipment exclusively for persons with disabilities, the public educational institution must send the Treasury Office the consolidated application for payment of scholarships and support for purchasing educational tools and equipment exclusively for persons with disabilities (including the following contents: name of the person with disabilities, scholarship amount, support cost for purchasing tools and equipment, total funding requested for payment, along with complete documentation (photocopies) confirming the eligibility according to point a, Clause 1 of this Article).

c) Scholarship and support payment time: scholarship and support for purchasing educational tools and equipment exclusively for persons with disabilities shall be paid twice a year: the first payment in September, October, or November; the second payment in March, April, or May. Payment of scholarships and support for purchasing educational tools and equipment must ensure convenience for persons with disabilities attending school. In cases where students have not received the benefits within the specified period, they may claim them in the next payment period.

2. For persons with disabilities studying at non-public educational institutions

a) Procedures, formalities, and documents:

Within thirty working days from the start of the academic year, the head of the educational institution shall notify the person with disabilities studying at the institution (or their parents or guardians) about the policy for persons with disabilities and submit a set of documents according to the following guidelines:

- For persons with disabilities studying at educational institutions under district, county, town, or provincial city management (collectively referred to as district level), the documents should be sent to the Department of Education and Training;

- For persons with disabilities studying at educational institutions under provincial management, the documents should be sent to the Provincial Department of Education and Training;

- For persons with disabilities who have permanent residence registration in the district area, currently studying at higher education and vocational colleges nationwide, the documents should be sent to the Department of Labor, Invalids, and Social Affairs.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- An application form with confirmation from the school (model form attached);

- A disability certificate issued by the competent authority according to the State's regulations (certified copy);

- A poverty or near-poverty certificate issued by the People's Committee of the commune, ward, or town (certified copy).

Non-public educational institutions are responsible for confirming the student's application within ten working days from the date of receiving the application from the student or trainee.

b) Disbursement method:

- The Department of Education and Training is responsible for managing and organizing the disbursement of scholarships and support for purchasing educational tools and equipment exclusively for persons with disabilities studying at educational institutions under district-level management;

- The Provincial Department of Education and Training is responsible for managing and organizing the disbursement of scholarships and support for purchasing educational tools and equipment exclusively for persons with disabilities studying at educational institutions under provincial management;

- The Department of Labor, Invalids, and Social Affairs is responsible for managing and organizing the disbursement of scholarships and support for purchasing educational tools and equipment exclusively for persons with disabilities who have permanent residence registration in the district area, currently studying at non-public higher education and vocational colleges nationwide.

c) Scholarship and support payment time: scholarship and support for purchasing educational tools and equipment exclusively for persons with disabilities shall be paid twice a year: the first payment in September, October, or November; the second payment in March, April, or May. Payment of scholarships and support for purchasing educational tools and equipment must ensure convenience for persons with disabilities attending school. In cases where students have not received the benefits within the specified period, they may claim them in the next payment period.

3. The agency responsible for disbursement shall publicly announce the procedures and payment times for scholarships and support for persons with disabilities to facilitate the receipt of benefits by persons with disabilities or their families in accordance with the regulations.

Article 9. Provisions on the cessation of scholarship grants and funding for purchasing educational tools and equipment

1. Persons with disabilities who drop out of school or are expelled shall not be eligible to receive scholarships and funding for purchasing educational tools and equipment from the date of dropping out or expulsion.

In cases where persons with disabilities have already received scholarships and funding for purchasing educational tools and equipment but then drop out of school or are expelled, they must return the amount received from the date of dropping out or expulsion to the agency responsible for disbursement to be remitted to the State budget according to regulations.

2. Public educational institutions where persons with disabilities have dropped out or been expelled shall be responsible for notifying the immediate superior management authority; private educational institutions where persons with disabilities have dropped out or been expelled shall be responsible for notifying the district education and training department, district labor, invalids and social affairs department, provincial education and training department within no more than fifteen working days from the date of dropout or expulsion to cease the issuance of scholarships and funding for purchasing educational tools and equipment.

Article 10. Sources of Funding

The sources of funding for the payment of scholarships and support for purchasing educational tools and equipment for persons with disabilities shall be balanced in the annual state budget for educational and vocational training expenses of localities, ministries, sectors, and central agencies according to the following principles:

1. Funding for the payment of scholarships and support for purchasing educational tools and equipment for persons with disabilities currently studying at public educational institutions under local management and private educational institutions shall be balanced in the annual state budget for educational and vocational training expenses of localities. The central budget will provide support according to the following principles:

a) Provide 100% of funding needs for provinces and centrally-administered cities that have not yet achieved self-balancing of their budgets and the province of Quang Ngai;

b) Provide 50% of funding for provinces and centrally-administered cities with a distribution rate to the central budget below 50%;

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

d) Remaining localities, local budgets will ensure the funding for implementation.

2. Funding for the payment of scholarships and support for purchasing educational tools and equipment for persons with disabilities currently studying at public educational institutions under the management of ministries and sectors: the central budget will ensure 100% of funding for these groups and will be balanced in the annual state budget for educational and vocational training expenses assigned to ministries and sectors.

Article 11. Preparation of Budget Estimates, Execution, and Settlement of Accounts

1. Annually, based on the Prime Minister's Directive on the development plan for economic and social development and the state budget estimate; Circular guiding the Ministry of Finance on the preparation of the state budget estimate for the planning year; based on the number of beneficiaries of the policy, the People's Committees of provinces, ministries, sectors, and central agencies will prepare the budget demand estimates and consolidate them in the proposed state budget estimate demand of the locality, sector, and submit them to the Ministry of Finance together with the report on the state budget estimate for the planning year.

2. Based on the Decision on the allocation of the state budget estimate issued by the Prime Minister:

a) The People's Committee of the province will present to the People's Council at the same level to decide on the allocation of funds for disbursement in accordance with the provisions of the State Budget Law and the provisions of this Joint Circular;

b) Ministries, sectors, and central agencies will decide on the allocation of funds for subordinate educational institutions.

3. The execution of the budget and settlement of accounts for the payment of scholarships and support for purchasing educational tools and equipment for persons with disabilities as stipulated in Article 7 of this Joint Circular shall be carried out in accordance with the current provisions of the State Budget Law, guiding documents of the Law, and the current State Budget Manual.

4. Annually, ministries, sectors, central agencies, provincial People's Committees, and centrally-administered city People's Committees shall be responsible for consolidating and reporting to the Ministry of Education and Training, Ministry of Finance the results of implementing scholarship grants and supporting funding for purchasing educational tools and equipment for persons with disabilities at the end of the academic year.

Article 12. Effective Date

1. This Joint Circular takes effect from March 5, 2014.

2. In case the referenced documents for application in this Joint Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to the provisions of those documents.

3. During the implementation process, if there are difficulties, ministries, sectors, and localities shall reflect them to the Ministry of Education and Training to take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, Ministry of Finance to study and resolve them./.