Circular No. 50/2012/TT-BGDĐT amends and supplements Article 40; adds Article 40a to Circular No. 41/2010/TT-BGDĐT dated December 30, 2010, issued by the Minister of Education and Training on the Charter of Primary Schools.

Circular

Amending and supplementing Article 40; adding Article 40a to Circular No. 41/2010/TT-BGD dated December 30, 2010 issued by the Minister of Education and Training on the Charter of Primary Schools

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Pursuant to the Education Law on June 14, 2005; the Law Amending and Supplementing Certain Articles of the Education Law on November 25, 2009;

Decree No. Decision No. 36/2012/ND-CP dated April 18, 2012, issued by the Government stipulating functions, tasks, powers, and organizational structure of Ministries and equivalent agencies ;

Decree No. Decision No. 32/2008/ND-CP dated March 19, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Decree No. Decision No. 115/2010/ND-CP December 24, 2010 Government Decree No. 115/2010/NĐ-CP on responsibilities for state management of education;

Decree No. Decision No. 75/2006/ND-CP dated August 2, 2006, issued by the Government detailing and guiding the implementation of certain provisions of the Education Law and Decree No. 31/2011/ND-CP dated May 11, 2011, issued by the Government amending and supplementing certain provisions of Decree No. Decision No. 75/2006/ND-CP stipulating detailed guidance for implementing certain provisions of the Education Law.

Pursuant to the proposal of the Director of the Department of Primary Education;

The Minister of Education and Training issues this circular on amending and supplementing Article 40; adding Article 40a to Circular No. 41/2010/TT-BGD dated December 30, 2010 issued by the Minister of Education and Training on the Charter of Primary Schools.

Article 1. Amending and supplementing Article 40; adding Article 40a to Circular No. 41/2010/TT-BGDĐT dated December 30, 2010 issued by the Minister of Education and Training on the Charter of Primary Schools as follows:

1. Article 40 is amended and supplemented as follows:
"Article 40. Age of primary school students
1. The age of primary school students ranges from six to fourteen years old (based on calendar year).
2. The age for entering first grade is six years old; children in areas with difficult economic and social conditions, ethnic minority children, orphaned children without a home, children under state-defined household conditions, and children returning from abroad may enter first grade at ages seven to nine; children who are capable can enter first grade at ages seven to fourteen.
3. Students who can perform well and develop their intelligence early may study within the scope of the
2025; BASED ON THE EDUCATION LAW dated June 14, 2019;
school's principal and the Parent-Teacher Association of the school; teachers of the current class, teachers of the next class, health personnel, and the overall team leader;
c) Based on the survey results of the Advisory Board, the principal will consider and decide.
4. Primary school students returning from abroad, children of foreigners working in Vietnam shall be admitted to primary schools in their place of residence or outside their residential area if the school has the capacity to accept them. The procedures are as follows:
a) Parents or guardians of the student submit a request to the school;
b) The principal of the primary school organizes an assessment of the student's level and places them in an appropriate class.

5. Students living on the streets or in difficult circumstances who wish to transfer to a regular primary school class shall be assessed by the principal of the primary school to place them in an appropriate class."
"2. Adding Article 40a after Article 40 as follows:
Article 40a. Transfer of Students
1. Primary school students wishing to transfer schools may be transferred to a primary school in their place of residence or outside their residential area if the school agrees to continue accepting them, including the following documents:
a) A transfer application from the parents or guardian of the student;
c) A copy of the birth certificate;
b) Academic records;
d) Academic performance report (if applicable) a
2. Procedures for transferring schools:
a) Parents or guardians of the student submit a transfer application to the receiving school;
b) Within one working day, the principal of the receiving school must provide an opinion agreeing to accept the application, and if not, they must clearly state the reason on the application and return it to the parents or guardian of the student within three days.
c) Parents or guardians of the student must submit all required documents as stipulated in Clause 3 of this Article to the receiving school within three days.

Article 2. d) Within one working day, the principal of the receiving school must accept and place the student in an appropriate class."

Article 3. This circular takes effect from February 1, 2013.