Nghị định 84/2020/NĐ-CP hướng dẫn Luật Giáo dục

DECREE

On detailing a number of articles of the Law on Education

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Pursuant to the Government’s Law on Organization dated June 19, 2015;

Pursuant to the Law on Education dated June 14, 2019;

At the proposal of the Minister of Education and Training;

The Government hereby promulgates the Decree on detailing a number of articles of the Law on Education.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes in detail a number of articles of the Law on Education, including:  Summer vacation duration; award of the titles of Honorary Doctor and Honorary Professor; the transformation from private nursery schools, pre-primary schools, early childhood schools and general education institutions into not-for-profit private nursery schools, pre-primary schools, early childhood schools and general education institutions; encouragement scholarships; policy scholarships and exemption from, reduction of public service fares for pupils and students.

Article 2. Subjects of application

This Decree shall apply to:

1. Nurseries and childcare groups; pre-primary schools and classes; early childhood schools and classes (herein referred to as early childhood education institutions).

2. Primary schools, lower secondary schools, upper secondary schools, multi-level general education schools (herein referred to as general education institutions).

3. Professional secondary schools, colleges (herein referred to as vocational education institutions).

4. General universities, universities, academies (herein referred to as higher education institutions).

5. Boarding general education schools for ethnic minority students, semi-boarding general education schools for ethnic minority students, pre-university schools, schools for gifted students, schools for students with art and sport aptitudes (herein referred to as specialized schools).

6. Continuing education centers, vocational training-continuing education centers, vocational training centers.

7. Relevant organizations and individuals.

Article 3. Summer vacation duration of teachers

1. Summer vacation duration of teachers:

a) Annual summer vacation duration of teachers in early childhood education institutions, general education institutions, specialized schools is 08 weeks, annual leaves included;

b) Annual summer vacation duration of teachers in professional secondary schools and of lecturers in colleges is 06 weeks, annual leaves included;

c) Annual summer vacation duration of lecturers in higher education institutions shall comply with organization and operation regulations of higher education institutions;

d) In unexpected and emergent cases for prevention and control of natural disaster or epidemic or in urgent cases, annual summer vacation of teachers in early childhood education institutions, general education institutions, specialized schools, professional secondary schools and colleges is decided by the Minister of Education and Training, the Minister of Labor, War Invalids and Social Affairs within their competence.

2. In addition to the annual summer vacation duration prescribed in Clause 1 of this Article, teachers and lecturers have public holidays and other leave days in accordance with the Labor Code.

3. Based on the plan of academic year duration issued by the Ministry of Education and Training and specific conditions of each locality, Chairpersons of People’s Committees of provinces or centrally run cities (herein referred to as provincial-level People’s Committees) shall decide the time of summer vacation of teachers in early childhood education institutions, general education institutions and specialized schools in localities.

Based on Point b, Clause 1 of this Article, rectors of professional secondary schools and colleges shall decide the time of summer vacation of teachers, lecturers in accordance with the education plan and specific conditions of each institution.

4. Summer vacation of teachers in the education institutions directly attached to the Ministry of Public Security and the Ministry of National Defence shall be performed according to the specific regulations of the Government.

Chapter II

AWARD OF THE TITLES OF HONORARY DOCTOR AND HONORARY PROFESSOR

Article 4. Award of the title of Honorary Doctor

1. Awarded subjects:

a) Teachers, scientists;

b) Political and social activists.

2. Conditions of award:

a) Awarded subjects prescribed at Point a, Clause 1 of this Article who are overseas Vietnamese or foreigners and have made great contributions to the cause of education and science of Vietnam may be awarded this title by Vietnamese higher education institution which provides training at doctor’s levels;

b) Awarded subjects prescribed at Point b, Clause 1 of this Article who are overseas Vietnamese or foreigners, have made great achievements contributing to the cause of education and science of Vietnam, have international prestige, have made great achievements and services contributing to the friendship, the socio-economic development of Vietnam may be awarded this title by a Vietnamese higher education institution which provides training at doctor’s levels;

3. Process of award:

a) Higher education institutions shall convene its research and training council to consider the award, ensuring the right subjects and conditions prescribed in Clauses 1 and 2 of  this Article;

b) Pursuant to the resolution of the research and training council, the principal or director of the higher education institution shall submit it to the school council for consideration and approval. Based on the resolution of the school council, the principal or director issues a decision of award and organizes an awarding ceremony;

c) In case of necessity, the principal or director of the higher education institution propose in written opinions of the Ministry of Foreign Affairs, the Ministry of Public Security or representative missions of the country s proposed recipient on his/her non-violations of Vietnamese law, law of his/her country and treaties to which Vietnam is a contracting party.

4. Higher education institutions which provide training at doctor’s levels shall design and print blank degrees of Honorary Doctor, grant, manager degrees of Honorary Doctor. Higher education institutions must state the title“Honorary Doctor”, not include the content“hoc vi Tien si”(Doctor degree) and training disciplines; publicize information of awardees on the website of higher education institutions and send the decision of award to the Ministry of Education and Training after each award.

Article 5. Award of the title of Honorary Professor

1. Awarded subjects:

a) Teachers, scientists;

b) Political and social activists.

2. Award conditions:

a) Satisfying all conditions provided in Clause 2, Article 4 of this Decree;

b) Having doctor’s diploma.

3. Process of award shall comply with Clause 3, Article 4 of this Decree.

4. Decision of awarding the title of Honorary Professor must clearly state the title“Honorary Professor”. Higher education institutions must publicize information of awardees on website of higher education institutions and send the decision of award to the Ministry of Education and Training after each award.

Chapter III

TRANSFORMATION FROM PRIVATE NURSERY SCHOOLS, PRE-PRIMARY SCHOOLS, EARLY CHILDHOOD SCHOOLS AND GENERAL EDUCATION INSTITUTIONS INTO NOT-FOR-PROFIT PRIVATE NURSERY SCHOOLS, PRE-PRIMARY SCHOOLS, EARLY CHILDHOOD SCHOOLS AND GENERAL EDUCATION INSTITUTIONS

Article 6. Transformation from private nursery schools, pre-primary schools and early childhood schools into not-for-profit private nursery schools, pre-primary schools and early childhood schools

1. A transfer dossier must comprise:

a) Report on proposal for the transformation from private nursery schools, pre-primary schools or early childhood schools into not-for-profit ones, including requirement of the transformation; not-for-profit operation principal; contributed capital amount, part of assets of indivisible common ownership by integration of private nursery schools, pre-primary schools, early childhood schools (if any);

b) Commitment document of investors who present at least 75% of the total contributed capital amount for private nursery schools, pre-primary schools or an early childhood schools transformed into not-for-profit private nursery schools, pre-primary schools and early childhood schools, ensuring to operate not for profit purposes and neither withdraw funds nor receive dividends; annually accumulated earnings shall belong to indivisible common ownership by integration and be used for further investment in the development of private nursery schools, pre-primary schools or early childhood schools;

c) Draft of organization and operation regulation; draft of internal financial regulation of the not-for-profit private nursery schools, pre-primary schools or early childhood schools;

d) A copy issued from the original record, certified true copy from the original or a copy attached to the original for comparison of audit results report; agreement on resolving the capital contribution for investors who do not agree to the transformation into not-for-profit private nursery schools, pre-primary schools, early childhood schools (if any); documents about land, assets, finance, organization, human resources of transformed private nursery schools, pre-primary schools, early childhood schools;

dd) Impact assessment reports of the transformation about human resources, finance, assets and resolving plan;

e) Decision on establishing private nursery schools, pre-primary schools, early childhood schools, decision on recognizing current school councils, decision on recognizing current principals of private nursery schools, pre-primary schools, early childhood schools and other documents (if any).

2. Process of handling transfer dossiers shall be performed as follows:

a) Private nursery schools, pre-primary schools, early childhood schools shall send a dossier prescribed in Clause 1 of this Article directly, by post or online with a paper dossier to People s Committees of rural or urban districts, towns or provincial cities (herein referred to as district-level People s Committees) for private nursery schools, pre-primary schools, early childhood schools in which domestic investors invest funds and ensure operation conditions; to provincial-level People’s Committees for those in which foreign investors invest funds and ensure operation conditions; or to the Ministry of Education and Training for those proposed by foreign diplomatic representative missions or inter-governmental international organizations;

b) Within 20 working days after receiving fully the dossier prescribed in Clause 1 of this Article, Divisions of Education and Training for private nursery schools, pre-primary schools, early childhood schools in which domestic investors invest funds and ensure operation conditions; Departments of Education and Training for those in which foreign investors invest funds and ensure operation conditions shall appraise the dossier, submit it to district-level People s Committees or provincial-level People’s Committees within the competence for decision on the transformation.

Within 20 working days after receiving the full the dossier prescribed in Clause 1 of this Article, the Ministry of Education and Training shall appraise the dossier and decide the transformations for private early childhood education institutions proposed by foreign diplomatic representative missions or inter-governmental international organizations.

The decision on the transformation shall be publicized on portal or website of agency issuing the transformation decision.

c) If the dossier is not invalid, within 05 working days after receiving the dossier, district-level People s Committees,  provincial-level People’s Committees or the Ministry of Education and Training shall notify in writing to private nursery schools, pre-primary schools, early childhood schools and state clearly the reason.

Article 7. Transformation from private general education institutions into not-for-profit private general education institutions

1. A transfer dossier must comprise:

a) Report on proposal for the transformation from private general education institutions into not-for-profit ones, including requirement of the transformation; not-for-profit operation principal; contributed capital amount, part of assets of indivisible common ownership by integration of institutions (if any);

b) Commitment document of investors who present at least 75% of the total contributed capital amount for transformed private general education institutions with contents that they shall operate not for profit purposes and neither withdraw funds nor receive dividends; annually accumulated earnings shall belong to indivisible common ownership by integration and be used for further investment in the development of private general education institutions;

c) Draft of organization and operation regulation; draft of internal financial regulation of private general education institutions;

d) A copy issued from the original record, certified true copy from the original or a copy attached to the original for comparison of audit results report; agreement on resolving the capital contribution for investors who do not agree to the transformation into not-for-profit private general education institutions (if any); documents about land, assets, finance, organization, human resources of transformed private general education institutions;

dd) Impact assessment reports of the transformation about human resources, finance, assets and resolving plan;

e) Decision on establishing private general education institutions, decision on recognizing current school councils, decision on recognizing current principals of private general education institutions and other documents (if any).

2. Transformation process:

a) Private general education institutions shall send a dossier prescribed in Clause 1 of this Article directly, by post or online with a paper dossier to district-level People s Committees for private primary, lower secondary schools and private multi-level general education schools with lower secondary being the highest education level in which domestic investors invest funds, ensure operation conditions; to provincial-level People’s Committees for private upper secondary schools and private multi-level general education schools with upper secondary being the highest education level in which domestic investors invest funds and ensure operation conditions and for private general education institutions in which foreign investors invest funds and ensure operation conditions; or to the Ministry of Education and Training for private general education institutions proposed by foreign diplomatic representative missions or inter-governmental international organizations;

b) Within 20 working days after receiving the full dossier prescribed in Clause 1 of this Article, Divisions of Education and Training for private primary, lower secondary schools and private multi-level general education schools with lower secondary being the highest education level in which domestic investors invest funds and ensure operation conditions; Departments of Education and Training for private upper secondary schools and private multi-level general education schools with upper secondary being the highest education level in which domestic investors invest funds and ensure operation conditions and for private general education institutions in which foreign investors invest funds and ensure operation conditions shall appraise the dossier, submit it to district-level People s Committees or provincial-level People’s Committees within the competence for decision on the transformation.

Within 20 working days after receiving the full dossier prescribed in Clause 1 of this Article, the Ministry of Education and Training shall appraise the dossier and decide the transformations for private general education institutions proposed by foreign diplomatic representative missions or inter-governmental international organizations.

The decision on the transformation shall be publicized on portal or website of agency issuing the transformation decision.

c) If the dossier is not invalid, within 05 working days after receiving the dossier, district-level People s Committees,  provincial-level People’s Committees or the Ministry of Education and Training shall notify in written to private general education institutions and state clearly the reason.

Chapter IV

ENCOURAGEMENT SCHOLARSHIPS, POLICY SCHOLARSHIPS AND EXEMPTION FROM, REDUCTION OF PUBLIC SERVICE FARES FOR PUPILS AND STUDENTS

Article 8. Encouragement scholarships

1. Subjects entitled to consideration for the grant of encouragement scholarships:

a) Pupils of gifted upper secondary schools in higher education institutions, pupils of gifted schools who have excellent behavior and distinction learning capacity in the term of consideration and grant of scholarships and have the gifted subject mark of the semester of at least 8.5, or win consolation prizes or higher prizes in any of the national, regional or international outstanding pupil-selection exams of such year;

b) Pupils of schools for students with art and sport aptitudes who have good behavior or higher, average learning capacity or higher in the term of consideration and grant of scholarships and win prizes or medals in national, regional or international contests of such  academic year;

c) Pupils and students studying in vocational education institutions, higher education institutions who have fair learning practicing outcomes and are not disciplined from the reprimand level or higher in the term of consideration and grant of scholarships.

2. The scholarship level for subjects specified at Points a and b, Clause 1 of this Article is prescribed as follows:

a) For schools for gifted students and schools for students with art and sport aptitudes: The monthly scholarship level granted for a pupil shall be equal to at least three times the current tuition fee of local gifted upper secondary schools;

b) For gifted upper secondary schools in higher education institutions: The scholarship level granted for a pupil shall be stipulated by higher education institutions’ principals but not lower than the ceiling level of the current tuition fees paid by such pupil;

c) For schools exempted from tuition fees: The scholarship level shall be equal to at least three times the ceiling tuition fees of local upper secondary schools.

3. The scholarship level for subjects specified at Point c, Clause 1 of this Article is prescribed as follows:

a) Scholarships for pupils with fair learning capacity: The scholarship level shall be equal to or higher than the ceiling level of the current tuition fees of occupations, majors, disciplines that such pupil, student must pay at school, provided by the principal or director (hereinafter collectively referred to as the principal) for pupils and students who have average academic and training scores of fair or higher class. For a private school, the minimum scholarship level shall be decided by the principal.

For training disciplines exempted from tuition fees, unit prices for groups of training  disciplines ordered, assigned or bid by the State shall be applied;

b) Scholarships for pupils with distinction learning capacity: The scholarship level that is higher than the fair scholarship, for pupils and students who have average academic scores of distinction class and training scores of good class or higher shall be decided by the principal;

c) Scholarships for pupils with high distinction learning capacity: The scholarship level that is higher than the distinction scholarship, for pupils and students who have the average academic scores of high distinction class and training scores of excellent class shall be decided by the principal;

d) The average learning and practicing marks specified at Points a, b and c of this Clause shall be determined according to current regulations of the Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs; of which, average academic scores used to consider scholarships under this Decree shall be calculated from the first test score, end of subject exam score.

4. Source of scholarships:

a) For schools for gifted students and schools for students with art and sport aptitudes: Encouragement scholarships shall be allocated in the expenditure estimate of the local budget to grant for at least 30% of gifted pupils of schools. For gifted upper secondary schools in higher education institutions, encouragement scholarships shall be allocated from higher education institutions’ lawful revenues and gifted upper secondary schools’ lawful revenues;

b) For vocational education institutions and higher education institutions: Encouragement scholarships shall be allocated at least 8% of tuition fee revenues for public schools and at least 2% of tuition fee revenues for private schools.

5. Order of consideration and grant of scholarships for subjects specified at Points a and b, Clause 1 of this Article:

a) For other schools for gifted students and schools for students with art and sport aptitudes: Principals shall determine the amount of scholarships for each class and base on the scholarship of year to grant for pupils according to the following priority order: from international prizes to international regional prizes to national prizes to gifted subject scores (for gifted schools) or learning outcomes (for schools for students with art and sport aptitudes);

b) For gifted upper secondary schools in higher education institutions: Principals shall determine the amount of scholarships for each grade, class, based on the scholarship of year to consider and grant for pupils according to the following priority order: from international prizes to international regional prizes, international prizes to gifted subject scores;

c) Scholarships shall be granted according to each semester and granted for 09 months in a academic year.

Apart from encouragement scholarships under this Decree, Chairpersons of provincial People’s Committees may have other regimes and policies for pupils of schools for gifted students and Schools for students with art and sport aptitudes in their areas or within their management.

6. Order of consideration and grant of scholarships for subjects specified at Point c, Clause 1 of this Article:

a) Principals shall base on encouragement scholarship sources to determine the amount of scholarships for each course and discipline. In case the number of pupils and students entitled to consideration and grant of scholarships are more than the number of scholarships, the consideration and grant of scholarships shall be decided by principals;

b) Principals shall base on pupils and students’ learning outcomes and training results to consider and grant scholarships in the order from high distinction/excellent class to less until ending the specified scholarship amount;

c) Scholarships shall be granted according to each semester and granted for 10 months in an academic year. Pupils and students who are trained in the form of module or credit accumulation shall be consider and grant scholarships according to the amount of module or credit, of which 15 modules or credits shall be considered as one semester.

Pupils and students entitled to policy scholarships, social allowances, and preferential policies shall be considered and granted encouragement scholarships according to this Decree.

Article 9. Policy scholarships

1. Subjects: Students studying under the regime of enrollment through nomination; students of pre-university schools, boarding general education schools for ethnic minority students; students of vocational education institutions for invalids and persons with disabilities.

2. Scholarship levels:

For students studying under the regime of enrollment through nomination; students of pre-university schools, boarding general education schools for ethnic minority students; students of vocational education institutions for invalids and persons with disabilities: The scholarship level shall be equal to 80% of the base salary/month;

b) For students being invalids from poor households who study in vocational education institutions for invalids and persons with disabilities: The scholarship level shall be equal to 100% of the base salary/month.

3. Principles to be entitled to scholarships:

a) Subjects specified in Clause 1 of this Article shall only be entitled to the regime of one-time policy scholarships throughout the learning process;

b) For pupils and students entitled to many policies at the same time, they may enjoy only one highest policy or those who study many disciplines, education institutions at the same time may enjoy policy in only one discipline at one education institution;

c) For pupils and students belong to subjects entitled to policies in accordance with this Article and concurrently belong to subjects entitled to preferential allowance policies, social allowances, encouragement scholarships, they may enjoy to such policies as prescribed;

d) Disciplinary pupils and students who are forced to leave schools or suspended from study shall not be entitled to policies specified in this Article from the time on which the discipline decision takes effect or during the suspension period;

dd) Policy scholarships shall be granted for 12 months/year, the number of academic year to be entitled to such policy must not exceed the maximum years or semesters required to complete training programs corresponding to disciplines as prescribed. For the last academic year, the scholarship to be entitled shall be calculated according to the actual studying months.

For pupils of boarding general education schools for ethnic minority students, pre-university schools repeating grades, they shall be entitled to policy scholarships as prescribed for the first repeating academic year.

e) For training programs in the form of module or credit accumulation, policy scholarships shall be granted according to the converted training duration but not exceed the training duration for corresponding disciplines and qualifications for training programs under academic year-based regime, the following formula shall be applied:

Where:

g) Policy scholarships shall not be applied to pupils and students who study second diplomas, place-based education, distance education, in-service learning.

4. Dossier:

a) For a student enrolled by regime of enrollment: The student’s commitment certified by the school where he/she is studying (made according to Form No. 01 provided in Appendix attached to this Decree);

b) For a pupil of pre-university schools, boarding general education schools for ethnic minority students: A copy issued from the original record; certified true copy from the original or a copy attached to the original for comparison of the birth certificate; enrollment notice;

c) For a student of vocational education institutions for invalids and persons with disabilities: Written request (made according to Form No. 02 and Form No. 03 provided in Appendix attached to this Decree); a copy issued from the original record, certified true copy from the original or a copy attached to the original for comparison of birth certificate; a copy issued from the original record, certified true copy from the original or a copy attached to the original for comparison of the certificate of disability issued by the People s Committee of commune, ward, town for a student with disability. If such student does not have a certificate of disability, he/she must submit a copy issued from the original record, certified true copy from the original or a copy attached to the original for comparison of the district-level People s Committee s decision on social allowances for people with disabilities; a copy issued from the original record, certified true copy from the original or a copy attached to the original for comparison of the invalids card for students being invalids.

5. Order of scholarship consideration and grant:

a) For students enrolled by regime of enrollment:

- Within 15 days from the admission date, students shall submit dossiers directly or via post offices or online as prescribed to Departments of Home Affairs where their permanent residences are registered, for students of teacher training colleges or Departments of Labor, War Invalids and Social Affairs where their permanent residences are registered, for students of colleges, except for students of teacher training colleges. Each student may submit one-time set of dossier to request for grant of scholarship for the whole studying duration in the education institution;

- The Department of Home Affairs, Department of Labor, War Invalids and Social Affairs shall receive dossiers, appraise, make a list, estimate required expenses (made according to Form No. 04 provided in Appendix attached to this Decree) and pay policy scholarships for students as prescribed. If the dossier does not comply with regulations, the Department of Home Affairs, Department of Labor, War Invalids and Social Affairs shall be responsible for notifying the learner within 07 working days from the date on which the dossier is received;

- Students shall receive policy scholarships directly at the Department of Home Affairs, Department of Labor, War Invalids and Social Affairs or such scholarships shall be transferred to their bank accounts according to the term of scholarship consideration and grant.

b) For pupils of pre-university schools, boarding general education schools for ethnic minority students:

- Within 15 days from the admission date, pupils shall submit dossiers as prescribed to schools where they are studying for the consideration and grant. Each pupil may submit one-time set of dossier to request for grant of scholarship for the whole studying duration in the education institution;

- Education institutions shall receive dossiers, appraise, make a list, estimate required expenses (made according to Form No. 04 provided in Appendix attached to this Decree) and send to managing agencies. If the dossier does not comply with regulations, the education institution shall be responsible for notifying the learner within 05 working days from the date on which the dossier is received;

- Pupils shall receive policy scholarships directly at education institutions where they are studying according to the term of scholarship consideration and grant as prescribed.

c) For students of vocational education institutions for invalids and persons with disabilities:

- Within 15 days from the admission day, vocational education institutions shall notify students about the regime of policy scholarships, time for submitting dossiers and provide guidance for them to submit dossiers as prescribed. Each student may submit one-time set of dossier to request for grant of scholarship for the whole studying duration in the vocational education institution;

- For students of public vocational education institutions: Principals of public vocational education institutions shall organize to appraise dossiers, summarize, make a list and estimate expenses for the implementation of study expense support regimes for students (made according to Form No. 04 provided in Appendix attached to this Decree) and submit to managing agencies for approval, summarization and send to financial agency to submit competent authorities for approval. If the dossier does not comply with regulations, the vocational education institution shall be responsible for notifying the learner within 05 working days from the date on which the dossier is received;

- For students of private vocational education institutions: Students shall make written requests (made according to Form No. 03 provided in Appendix attached to this Decree) and send to vocational education institutions where they are studying to confirm in such requests. Within 10 working days after receiving written requests and guidance, students shall send dossiers to the Division of Labor, War Invalids and Social Affairs where their permanent residences are registered. The Division of Labor, War Invalids and Social Affairs shall organize to appraise and approve the list of students entitled to policies and make estimates of implementing expenses, send to the financial agency of the same level, submit competent authorities for approval.  If the dossier does not comply with regulations, the Division of Labor, War Invalids and Social Affairs shall be responsible for notifying the learner within 07 working days from the date on which the dossier is received;

- If a student fails to submit adequate dossier as prescribed, his/her policy scholarship to be paid shall only be calculated from the date on which the vocational education institution, the Division of Labor, War Invalids and Social Affairs receive the adequate dossier as prescribed, and he/she may not get the policy scholarship back pay for the period that he/she studied before the time of submitting adequate dossier as prescribed.

6. Funding for implementing policy scholarships:

a) Funding for implementing policy scholarships specified in this Decree shall be balanced in the annual expenditure estimate of the State budget for training, education and vocational education according to decentralization of State budget management;

b) Central budget shall ensure funding for implementing the policy scholarship regime for pupils and students who are studying in pre-university schools, boarding general education schools for ethnic minority students under the management of ministries and central branches;

c) Local budget shall ensure funding for implementing the policy scholarship regime for pupils and students enrolled by regime of enrollment, regardless vocational education institutions or higher education institutions, where such pupils and students are studying are under the management of ministries, central branches or localities; funding for implementing the policy scholarship regime for students being invalids, disabilities in vocational education institutions for invalids and persons with disabilities within their management and pupils of pre-university schools within their management;

d) Funding for implementing the policy scholarship regime for pupils of boarding general education schools for ethnic minority students under the local management shall be guaranteed by the local budget. Central budget shall support according to the targeted-support principle from central budget for local budget to implement social security policies decided by the Prime Minister.

7. Methods of payment of policy scholarships:

a) For students enrolled by regime of enrollment: Based on the notified estimate of education expenses, the Department of Home Affairs, Department of Labor, War Invalids and Socials affairs shall, according to their competence , manage expenses and organize to grant policy scholarships for students entitled to policy scholarships as prescribed.

Based on specific conditions of each locality and conditions of education institutions where students entitled to policy scholarships are studying, the provincial-level People’s Committee or agency authorized by the provincial-level People’s Committee shall proactively select any of the following money transfer methods: Directly transferring expenses for education institutions under contracts, directly paying in cash for the learner or his/her family, transferring via bank account or other lawful money transfer methods (if any).

b) For pupils of pre-university schools, boarding general education schools for ethnic minority students: Based on the notified estimate of education expenses, education institutions shall manage expenses and organize to grant policy scholarships for pupils entitled to policy scholarships as prescribed.

c) For students of vocational education institutions for invalids and persons with disabilities:

- For students of public vocational education institutions: Education institutions where students are studying shall be responsible for managing and organizing to directly pay policy scholarships in cash for students;

- For students of private vocational education institutions: The Division of Labor, War Invalids and Social Affairs where the students’ permanent residences are registered shall be responsible for managing and organizing to pay policy scholarships in any of the following methods: Paying directly in cash or transferring via bank accounts or other lawful money transfer methods (if any).

8. Time for grant of policy scholarships: Policy scholarships shall be granted twice a academic year, each for 06 months, the first grant is on October, the second grant is on March. If pupils and students have not yet received policy scholarships according to the prescribed time limit, they may be reimbursed in the next scholarship period.

9. Students enrolled by regime of enrollment who withdraw from their studies or are disciplined, must refund all the scholarships received to the scholarship-granting agencies, except for cases of self-withdrawal from studies due to force majeure.

10. The making estimate, allocating expenses shall comply with the Law on State Budget and relevant documents.

11. Management, use and finalization of expenses:

a) The management, use and finalization of expenses shall comply with the Law on State Budget, its guiding documents and the current State budget Index;

b) On an annual basis, ministries, branches, central bodies and provincial-level People’s Committee shall be responsible for summarize and report the Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs, Ministry of Finance the implementation result of allocating expenses for pupils and students at the end of the academic year.

Article 10. Exemption from and reduction of public service fares for pupils and students

1. For public transport services:

a) Pupils and students shall be entitled to reduction of fares when using train and bus services;

b) Units engaging to public transport services shall issue reduced tickets for pupils and students when such pupils and students produce their pupil and student cards.

2. For public services regarding entertainment, visiting museums, historical relics and cultural works:

a) Pupils and students shall be entitled to reduction of fares when directly using services as follows: Museums, historical relics, libraries, exhibitions;

b) Cultural and entertainment institutions shall issue reduced tickets for pupils and students when such pupils and students produce their pupil and student cards.

3. Based on specific conditions, the Chairperson of the provincial-level People’s Committee shall decide on the level of exemption from and reduction of public service fares for pupils and students under its management.

4. Pupils and students being people with disabilities shall be entitled to exemption from and reduction of fares when using public transport, entertainment services and visiting museums, historical relics and cultural works fares in accordance with the Government’s Decree No. 28/2012/ND-CP dated April 10, 2012 on detailing and guiding a number of articles of the Law on the Disabled.

Pupils and students being social policy beneficiaries shall be entitled to exemption from and reduction of fares when traveling by rail in accordance with the Government’s Decree No. 65/2018/ND-CP dated May 12, 2018 on detailing a number of articles of the Railway Law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 11. Effect

1. This Decree takes effect on September 01, 2020.

2. This Decree replaces the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 on detailing and guiding the implementation of a number of articles of the Education Law; the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011 on amending and supplementing a number of articles of the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 on detailing and guiding the implementation of a number of articles of the Education Law; the Government’s Decree No. 07/2013/ND-CP dated January 09, 2013 on amending Point b, Clause 13, Article 1 of the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011 on amending and supplementing a number of Articles of the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 on detailing and guiding the implementation of a number of Articles of the Education Law.

3. To repeal the Prime Minister’s Decision No. 152/2007/QD-TTg dated September 14, 2007 on policy scholarships for pupils and students of education institutions in the national education system.

To repeal regulations on encouragement scholarships and policy scholarships in: The Prime Minister’s Decision No. 1121/1997/QD-TTg dated December 23, 1997 on scholarships and socials allowances for pupils and students of public training schools; the Prime Minister’s Decision No. 239/1999/QD-TTg dated December 28, 1999 on amending and supplementing Clause a, Article 1 of the Prime Minister’s Decision No. 1121/1997/QD-TTg dated December 23, 1997 on scholarships and socials allowances for pupils and students of public training schools; the Prime Minister’s Decision No. 194/2001/QD-TTg dated December 21, 2001 on adjustment of the policy scholarship and social allowance level for pupils and students being ethnic minority people in public training schools specified in the Prime Minister’s Decision No. 1121/1997/QD-TTg dated December 23, 1997; the Prime Minister’s Decision No. 82/2006/QD-TTg dated April 14, 2006 on adjustment of the policy scholarship level for pupils and students being ethnic minority people in boarding general education schools for ethnic minority students and pre-university schools specified in the Prime Minister’s Decision No. 194/2001/QD-TTg dated December 21, 2001.

Article 12. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People s Committees of centrally run provinces and cities and concerned agencies shall be responsible for implementing this Decree./.

* All Appendices are not translated herein.