Joint Circular No. 65/2011/TTLT-BGDĐT-BTC-BKHĐT guiding the implementation of Decision No. 85/2010/QĐ-TTg dated December 21, 2010 of the Prime Minister promulgating certain support policies for boarding students and general secondary schools for ethnic minorities.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 85/2010/QD-TTg dated December 21, 2010 of the Prime Minister on Issuing Certain Support Policies for Boarding Students and Boarding General Secondary Schools for Ethnic Minorities

issuing certain support policies for boarding students and boarding general secondary schools for ethnic minorities

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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 Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decision No. 85/2010/QD-TTg dated December 21, 2010 of the Prime Minister issuing certain support policies for boarding students and boarding general secondary schools for ethnic minorities;

The Ministry of Education and Training, the Ministry of Finance, and the Ministry of Planning and Investment issue guidelines for implementing Decision No. 85/2010/QD-TTg dated December 21, 2010 of the Prime Minister issuing certain support policies for boarding students and boarding general secondary schools for ethnic minorities as follows:

Article 1. Recipients of Support Policies

1. Elementary and lower secondary boarding students studying at boarding general secondary schools for ethnic minorities located in areas with extremely difficult socio-economic conditions; boarding students studying at public elementary and lower secondary schools located in areas with extremely difficult socio-economic conditions due to their homes being far from school, difficult terrain, and difficult transportation, making it impossible for them to travel to and from school in one day, shall be reviewed according to the regulations set forth in the Regulation on the Organization and Operation of Boarding General Secondary Schools for Ethnic Minorities issued pursuant to Circular No. 24/2010/TT-BGDĐT dated August 2, 2010 of the Ministry of Education and Training and specifically provided for in Clause 2 of this Circular.

2. Boarding general secondary schools for ethnic minorities established in accordance with the Regulation on the Organization and Operation of Boarding General Secondary Schools for Ethnic Minorities issued pursuant to Circular No. 24/2010/TT-BGDĐT dated August 2, 2010 of the Ministry of Education and Training.

Article 2. Conditions for Determining Students Unable to Travel to and from School in One Day

1. For cases where homes are far from school: the distance from home to school must be 4 kilometers or more for elementary students and 7 kilometers or more for lower secondary students.

2. For cases involving difficult terrain and transportation: students must travel through rivers, streams without bridges; over mountain passes and high mountains; through areas prone to landslides and rockfalls. Based on the actual conditions of each locality, the People's Committee of the province (hereinafter referred to as the Provincial People's Committee) shall specify the number of kilometers and the area as the basis for determining students unable to travel to and from school in one day for each level of education.

3. Based on the provisions of Clause 1 of this Article and the specific provisions of the Provincial People's Committee, the People's Committee of the district, town, city under provincial jurisdiction (hereinafter referred to as the District People's Committee) shall approve the list of boarding students permitted to stay at school for study during the week due to their inability to travel to and from school in one day.

Article 3. Areas with Extremely Difficult Socio-Economic Conditions

1. Particularly difficult communes in ethnic minority and mountainous regions, particularly difficult communes in coastal and island areas include:

- Decision No. 106/2004/QĐ-TTg dated June 11, 2004 of the Government approving the list of particularly difficult communes in coastal and island areas; Prime Minister - 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 zones included in the investment program for socio-economic development in particularly difficult communes in ethnic minority and mountainous regions for the period 2006-2010 (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 Program's objectives for socio-economic development in ethnic minority and mountainous regions, border areas, and remote areas for the period 1995-2005, supplementing communes, villages, and hamlets to the investment scope of Program 135 Phase II and communes in coastal and island areas to the national target program to reduce poverty for the period 2006-2010;

- 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 zones included in Program 135 Phase II and the list of communes removed from the investment scope of Program 135 Phase II;

- 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 zones included in Program 135 Phase II and the list of communes that have completed the objectives and been removed from the investment scope of Program 135 Phase II;

- Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on certain support policies for rapid and sustainable poverty reduction in 62 poor districts;

- Other decisions of the Prime Minister amending, supplementing, or replacing the list of particularly difficult communes (if any).

2. Particularly difficult villages, including:

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

- Decision No. 325/QĐ-UBDT dated October 19, 2009 of the Chairman of the National Ethnic Minorities Committee approving the list of particularly difficult villages in Zone II included in the investment scope of Program 135 Phase II;

Other decisions of the Chairman of the National Ethnic Minorities Committee amending, supplementing, or replacing the list of particularly difficult villages (if any).

1. For boarding students

-a) Food allowance: each month, boarding students will receive a food allowance equivalent to 40% of the minimum wage and can enjoy it for no more than 9 months per academic year/student. The duration of the food allowance policy is based on the actual time spent in boarding as stipulated.

Article 4. Level of Support

1. For boarding students

a) Food allowance support: boarding students shall be supported with a food allowance equivalent to 40% of the general minimum wage per month and shall enjoy such support for no more than nine months per academic year/student. The duration of the food allowance support policy shall be based on the actual time the student spends in boarding study as prescribed.

b) Housing support: boarders are allowed to reside in the school's dormitory area; for those students who must arrange their own accommodation, they receive monthly support equivalent to 10% of the national minimum wage and can benefit from this support for no more than nine months per academic year/student. The duration of housing support benefits is based on the actual study time of the student as stipulated.

2. For boarding schools for ethnic minorities

a) They are supplemented with annual regular operating funds at a rate of VND 100,000 per boarding student per year to purchase and repair physical education and sports equipment and cultural and artistic service facilities for boarding students.

b) They are supplemented with annual regular operating funds at a rate of VND 50,000 per boarding student per academic year to establish a shared medical cabinet for boarding students.

c) They are supported with funding for the construction of housing, kitchens, dining rooms, bathrooms, sanitation facilities, clean water, and accompanying equipment for boarding students according to current school design standards.

Article 5. Documents, procedures, and methods for disbursing financial support for meal and housing subsidies

1. The application documents for financial support include:

a) A list of new boarding students approved by the People's Committee of the district within the academic year;

b) A list of boarding students currently studying at the school, previously approved by the People's Committee of the district in previous academic years and continuing to board in the current academic year;

c) An application form for housing subsidy signed by the school for boarding students who must arrange their own accommodation (using the prescribed form attached as an appendix).

2. The procedures and methods for disbursing financial support are as follows:

a) Boarding schools for ethnic minorities and public schools in areas with particularly difficult economic and social conditions, where students are approved as boarding students and must arrange their own accommodation, shall submit applications for housing subsidies using the prescribed form under this Circular.

b) Based on the list of boarding students currently studying at the school, which has been approved by the People's Committee of the district, and the application forms for housing subsidies from boarding students who must arrange their own accommodation, the school will prepare an application for financial support and send it to the Department of Education and Training for review.

c) Within five working days from the date of receipt of the school's application for financial support, the Department of Education and Training will review the application, approve the list of beneficiaries, and notify the results of the review so that educational institutions can proceed with disbursement.

3. Methods of Support:

a) The disbursement of financial support for meal subsidies for boarding students is made monthly. Depending on specific conditions, the school decides whether to organize meals for the students or provide cash payments (encouraging educational institutions to organize centralized meal services for students).

b) The disbursement of financial support for housing (for students who arrange their own accommodation) is directly provided in cash to the students. This disbursement is carried out twice per academic year: the first payment is made in September, and the second payment is made in January of the following year.

Article 6. Procedures and methods for disbursing financial support for boarding schools for ethnic minorities

1. Financial support for infrastructure and equipment investment:

Boarding schools for ethnic minorities base their needs on the actual requirements of the school, prepare project proposals, technical and economic reports, and investment budget estimates for basic construction and equipment procurement according to regulations, and submit them to the Department of Education and Training for consolidation into the annual basic construction investment plan to be submitted to the competent authority for approval and allocation of funds for implementation.

2. Financial support for purchasing, supplementing, and repairing equipment for cultural, artistic, physical education, and sports activities and establishing a shared medical cabinet for boarding students:

Annually, when preparing the state budget estimate, boarding schools for ethnic minorities and other public schools with boarding students base their estimates on the number of boarding students listed in the approved list by the People's Committee of the district, prepare the financial support budget estimate, and submit it to the Department of Education and Training for review before sending it to the finance department for consolidation into the annual local government state budget expenditure plan, to be submitted to the competent authority for approval and inclusion in the annual regular operating budget of the schools.

Article 7. Source of funds

1. The financial resources for implementing policies to support meal and housing subsidies for boarding students and financial support for boarding schools for ethnic minorities to purchase, supplement, and repair equipment for cultural, artistic, physical education, and sports activities, and to support the establishment of a shared medical cabinet for boarding students are balanced in the annual budget for educational and training expenses of localities.

2. The financial resources for supporting infrastructure investment for boarding schools for ethnic minorities, including the construction of housing, kitchens, dining rooms, bathrooms, sanitation facilities, clean water facilities, and accompanying equipment, are allocated from the annual local government basic construction budget, the national target program budget for education and training, and integrated programs for building new rural areas, along with mobilizing funds from domestic and foreign organizations and individuals.

3. The central government provides 100% of the financial resource needs for implementing the aforementioned support policies for localities receiving additional balance transfers from the central budget. The remaining localities must independently balance their local budgets to implement these policies.

Article 8. Establishing budget estimates, managing, using, settling accounts for support funds

1. The establishment and allocation of budget estimates shall be carried out simultaneously with the annual state budget estimates at the local level according to the current provisions of the State Budget Law and related implementing documents.

2. Schools that provide boarding students with meal allowances, accommodation allowances, and boarder schools supported by the state for material infrastructure and equipment investment as stipulated in this Circular shall be responsible for establishing budget estimates, managing, using, disbursing support funds, and settling accounts with the state budget in accordance with current regulations.

3. Financial and planning agencies at all levels shall be responsible for ensuring support funds, guiding management, and supervising implementation in accordance with regulations.

4. The State Treasury shall implement control, disbursement, and payment of support funds according to the current regulations of the Ministry of Finance on the management, disbursement, and payment of state budget expenditures through the State Treasury.

5. Each year, the People's Committee of the province bases its plans for economic and social development and state budget estimates; guidelines from the Ministry of Finance on establishing state budget estimates; guidelines from the Ministry of Planning and Investment on establishing basic construction investment plans and financial plans, and incorporates them into the overall plan of the locality to be submitted to the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Education and Training at the same time as reporting the annual state plan. 1. This Circular takes effect from February 6, 2012.2. The policy of supporting boarding students and boarder general education schools prescribed in this Circular shall take effect from January 1, 2011. 3. Implementation of the policy must ensure the correct purpose, correct target group, correct timing, correct content of support, and integration with other policies having the same content and objectives currently being implemented in the area. If there are multiple support levels for the same policy under this Circular, boarding students shall only receive the highest support level.
4. People's Committees at all levels shall be responsible for guiding the implementation of this Circular. In cases where the legal documents cited for application in this Joint Circular are amended, supplemented, or replaced by new documents, they shall be applied according to those new documents. During implementation, if there are any difficulties, please report to the Ministry of Education and Training to coordinate with the Ministry of Finance and the Ministry of Planning and Investment to consider and resolve them. The Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Education and Training shall simultaneously report the annual state plan.

Article 9. Implementation Organization

1. This Circular takes effect from February 6, 2012.

2. The policy of supporting boarding students and boarder secondary schools stipulated in this Circular shall be implemented from January 1, 2011.

3. The implementation of the policy must ensure that it is applied to the correct purpose, target group, time frame, content of support, and integrated with other policies having the same content and objectives currently being implemented in the locality. If there are multiple levels of support for the same policy under this Circular, boarding students shall only benefit from the highest level of support.

4. People's Committees at all levels shall be responsible for guiding the implementation of this Circular. In cases where the legal normative documents cited for application in this Joint Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Education and Training to take the lead in coordinating with the Ministry of Finance and the Ministry of Planning and Investment to consider and resolve them.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Education and Training to take the lead in coordinating with the Ministry of Finance and the Ministry of Planning and Investment to consider and resolve them.