Joint Circular No. 43/2007/TTLT/BTC-BGD&ĐT guiding the implementation of Decision No. 82/2006/QĐ-TTg dated April 14, 2006 of the Prime Minister on adjusting the level of policy scholarships and social allowances for students from ethnic minorities studying at public training institutions.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE DECISION NO. 82/2006/QĐ-TTg OF THE GOVERNMENT PRIME MINISTER ON ADJUSTING THE LEVEL OF POLICY SCHOLARSHIPS AND SOCIAL ASSISTANCE FOR STUDENTS FROM ETHNIC MINORITY GROUPS ATTENDING STATE-OWNED TRAINING INSTITUTIONS

MINISTRY OF FINANCE - MINISTRY OF EDUCATION AND TRAINING

Pursuant to Decision No. 82/2006/QĐ-TTg dated April 14, 2006 of the Government Prime Minister on adjusting the level of policy scholarships for students from ethnic minority groups attending boarding schools for ethnic minorities and preparatory universities as stipulated in Decision No. 194/2001/QĐ-TTg dated December 21, 2001 of the Government Prime Minister;
Pursuant to Decree No. 94/2006/NĐ-CP dated September 7, 2006 of the Government on adjusting the minimum wage;
The Ministry of Finance and the Ministry of Education and Training jointly issue guidelines for the provisions set forth in Article 2 of Decision No. 82/2006/QĐ-TTg dated April 14, 2006 of the Government Prime Minister as follows:

I. GENERAL PROVISIONS

1. Object and scope of application: This Circular guides the level of scholarships and the budget sources for implementing the scholarship policy for students from ethnic minority groups studying at boarding schools for ethnic minorities and preparatory universities (hereinafter referred to as students from ethnic minority groups) who are entitled to policy scholarships according to Decision No. 82/2006/QĐ-TTg dated April 14, 2006 of the Government Prime Minister on adjusting the level of policy scholarships for students from ethnic minority groups attending boarding schools for ethnic minorities and preparatory universities as stipulated in Decision No. 194/2001/QĐ-TTg dated December 21, 2001 of the Government Prime Minister.

2. Ministries, ministerial-level agencies, government agencies, and provincial people's committees have the responsibility to ensure the financial resources for implementing the scholarship policy for students from ethnic minority groups as prescribed in this Circular.

3. Boarding schools for ethnic minorities and preparatory universities have the responsibility to implement the payment of policy scholarships for students from ethnic minority groups according to the provisions of this Circular.

II. SPECIFIC PROVISIONS

1. Pursuant to Article 2 of Decision No. 82/2006/QĐ-TTg dated April 14, 2006 of the Government Prime Minister, starting from January 1, 2006, when the State adjusts the minimum wage, the level of policy scholarships for students from ethnic minority groups receiving policy scholarships will be adjusted accordingly with the adjustment of the State's minimum wage. Specifically:

- Pursuant to Decree No. 94/2006/NĐ-CP dated September 7, 2006 of the Government on adjusting the minimum wage, starting from January 1, 2006, the level of scholarships for students from ethnic minority groups as stipulated in Point 1 of Decision No. 82/2006/QĐ-TTg dated April 14, 2006 of the Government Prime Minister shall be adjusted from VND 280,000/person/month to VND 360,000/person/month.

- For decisions on adjusting the minimum wage made by the State after October 1, 2006, the adjustment of the level of policy scholarships for students from ethnic minority groups will be adjusted proportionally to the decisions on adjusting the State's minimum wage, ensuring:

Level of policy scholarships = (Minimum wage) x 80%

2. The funding requirement for implementing the adjustment of the level of policy scholarships is the difference between the funding requirement for paying policy scholarships at the adjusted level (as provided in Point 1, Part II of this Circular) and the budget estimate for paying policy scholarships at the old level (allocated in the state budget estimate for boarding schools for ethnic minorities and preparatory universities).

The funding requirement for paying policy scholarships at the adjusted level is the adjusted level of policy scholarships multiplied by the actual number of students present at the time the State changes its salary policy and the expected number of new students enrolled in the following year after the State changes its salary policy, multiplied by the duration of the adjusted policy scholarship level during the implementation year.

The funding requirement for paying policy scholarships at the old level is the budget estimate for paying scholarships that has been balanced within the state budget allocated to boarding schools for ethnic minorities and preparatory universities for the period of implementing the scholarship adjustment in the implementation year.

3. The funding source to ensure the implementation of the adjustment of the level of policy scholarships shall be implemented according to the current state budget allocation regulations; specifically:

a) The central budget ensures the funding for implementing the adjustment of policy scholarships for students from ethnic minority groups studying at boarding schools for ethnic minorities and preparatory universities directly under central ministries and sectors;

b) The local budget ensures the funding for implementing the adjustment of policy scholarships for students from ethnic minority groups studying at boarding schools for ethnic minorities managed by localities.

The funding requirement for implementing the adjustment of the level of policy scholarships due to the adjustment of the State's minimum wage but not included in the initial annual budget estimates of localities shall be handled as follows:

- For localities facing difficulties in funding (provinces and centrally-administered cities receiving supplementary balance from the central budget and localities with a redistribution rate to the central budget below 5%), the central budget will provide full support.

- For the remaining localities, they should arrange within their local budgets to implement.

4. Regarding the reporting system for the funding requirements to implement the adjustment of the level of policy scholarships:

When there is a decision by the Government on adjusting the national minimum wage level, based on the proposals from boarding secondary schools for ethnic minorities, preparatory colleges under central agencies, central agencies, and provincial-level agencies and their subordinate units, they are responsible for reviewing and compiling reports on the need to implement the adjustment of policy scholarships for their subordinate units to submit to the Ministry of Finance (for central agencies) or to the Provincial Department of Finance (for local agencies) together with the report on the need for additional funding to implement salary reform (as attached).

Specifically, for the report on the need for funding to implement the adjustment of policy scholarships for ethnic minority students in 2006 and 2007, it must be submitted no later than May 15, 2007 (Report on the need to implement the adjustment of policy scholarships for ethnic minority students as attached).

5. The Ministry of Finance is responsible for reviewing the reports on the need for funding to implement the adjustment of policy scholarships of units under central ministries and agencies to present to the Government for a decision to supplement funding for these ministries and agencies.

Provincial Departments of Finance have the responsibility to review the reports on the need for funding to implement the adjustment of policy scholarships of units under their jurisdiction and counties; compile and report to the People's Committees of provinces and centrally-administered cities for a decision. The People's Committees of provinces and centrally-administered cities will compile and report to the Ministry of Finance for consideration to supplement funding for supported localities as stipulated in Clause 3, Part II of this Circular.

6. After being authorized by the competent authority to supplement funding for implementing scholarship policies for ethnic minority students, boarding secondary schools and preparatory colleges shall withdraw the additional scholarship funds from the State Treasury to pay out according to the prescribed regulations.

7. The settlement of funding for implementing scholarship policies shall be carried out in accordance with the provisions of the State Budget Law and current legal documents.

III. IMPLEMENTATION PROVISIONS

1. Based on the provisions of this Circular, central ministries and agencies and People's Committees of provinces and centrally-administered cities are responsible for organizing and guiding agencies, units, and subordinate levels to determine the need for funding and balance sources of funding to implement the adjustment of policy scholarship levels.

2. This Circular takes effect fifteen days after its publication in the Official Gazette. During implementation, if there are any difficulties, organizations, individuals, central ministries and agencies, and localities are requested to reflect them to the Ministry of Finance and the Ministry of Education and Training for coordination in handling.