Thông tư liên tịch 29/2010/TTLT-BGDDT-BTC-BLDTBXH

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE No. 49/2010/ND-CP DATED MAY14, 2010 OF THE GOVERNMENT REGULATING THE EXEMPTION AND REDUCTION IN TUITION FEES, SUPPORT OF LEARNING COSTS AND MECHANISM OF COLLECTION AND USE OF TUITION FEES FOR EDUCATIONAL INSTITUTIONS OF NATIONAL EDUCATION SYSTEM FROM THE ACADEMIC YEAR 2010 - 2011 TO 2014 - 2015

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

Pursuant to Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 186/2007/ND-CP dated December 25, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labour - Invalids and Social Affairs;

Pursuant to Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government stipulating the exemption and reduction in tuition fees, support of learning costs and mechanism of collection and use of tuition fees for educational institutions of the national education system from the academic year 2010 - 2011 to 2014 - 2015;

The Ministry of Education and Training, Ministry of Finance and Ministry of Labour - Invalids and Social Affairs guide the implementation of some articles of the Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government stipulating the exemption and reduction in tuition fees, support of learning costs and mechanism of collection and use of tuition fees for educational institutions of the national education system from the academic year 2010 - 2011 to 2014 – 2015 (hereinafter referred to as Decree 49) as follows:

Article 1. Scope of adjustment and subject of application

1. This Circular guides the Article 4 concerning subjects are exempted from tuition fees; Article 5 concerning subjects are reduced tuition fees; Article 6 concerning subjects are supported with their learning costs; Clause 2.3 of Article 7 concerning the mechanism of exemption and reduction in tuition fees and support of learning costs, Clause 3, 4 of Article 11 concerning the tuition frame for preschool and general education; Clause 1,2,3 of Article 12 concerning the tuition fees for vocational education and higher education of Decree 49 .

2. This Circular applies to all types of schools at all levels and the level of training and other educational institutions of the national education system.

Article 2. Guidance on Article 4, 5, 6 of Decree 49

1. Subjects exempted from tuition fees:

a) Revolutionary contributors and their relatives under the Ordinance on incentives for Revolution contributors No. 26/2005/PL-UBTVQH11 dated June 29, 2005, particularly:

- Heroes of People's Armed Forces, Labor Hero in the war of resistence, wounded soldiers, beneficiaries of policies such as wounded soldiers, wounded soldiers of type B (hereinafter referred to as the wounded soldiers);

- Children of the revolutionary activists before January 01, 1945; children of the revolutionary activists from January 01, 1945 to before General Uprising of August 1945; children of the Heroes of the People's Armed Forces, the Labor Heroes in the war of resistance; children of revolutionary martyrs, wounded soldiers, sick soldiers; children of activists in the war of resistance contaminated with toxic chemicals.

b) Kindergarten kids, pupils, students whose parents permanently residing in border communes, highlands and islands communes and communes with particularly difficult social and economic conditions. The identification of border communes, highlands and islands communes and communes with particularly difficult social and economic conditions is under the current regulations. Particularly:

- Border communes: Border communes on land are from national border on land to the end of communal administrative boundary with a part of administrative boundary coincident with national border on land; Border communes at sea are from national border at sea to the end of administrative boundary of communes adjacent to sea, islands and archipelagoes. The list of communes in border area on land, border area at sea is specified in the Government’s Decrees issuing the Regulation on the border area.

- Highland communes are specified in the following Decisions:

+ Decision No. 21/UB-QD dated January 26, 1993 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 33/UB-QD dated June 04, 1993 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 08/UB-QD dated March 04, 1994 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 64/UB- QD dated August 26, 1995 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 68/UB- QD dated August 09, 1995 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 42/UB- QD dated May 23, 1997 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing 03 mountainous areas and highlands.

+ Decision No. 26/UB- QD dated March 18, 1998 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing 03 mountainous areas and highlands.

+ Decision No. 363/2005/QD-UBDT dated August 15, 2005 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 172/2006/QD-UBDT dated July 07, 2006 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands.

+ Decision No. 01/2007/QD-UBDT dated May 31, 2007 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands due to adjustment of administrative boundary.

+ Decision No. 61/QD-UBDT dated March 12, 2009 of the Committee for Ethnic Minorities and Mountainous Areas on recognizing communes, districts and provinces are mountainous areas and highlands due to adjustment of administrative boundary.

- Island communes are specified in the following Decisions:

+ Decision No.106/2004/QD-TTg dated June 11, 2004 of the Prime Minister approving the list of particularly difficult communes in coastal areas and islands;

+ Decision No. 113/2007/QD-TTg dated July 20, 2007 of the Prime Minister on approving the list of communes which have completed the objectives of social-economic development program for communes of ethnic minority, mountainous areas, border and remote areas for the period 1999-2005. Supplementing the communes, hamlets and villages in the investment category of the Program 135, stage II and communes in coastal areas and islands in the investment category of the National Target Programme for Poverty Reduction for the period 2006-2010.

- The communes with particularly difficult social-economic conditions as prescribed in the following Decisions:

+ Decision No. 106/2004/QD-TTg dated June 11, 2004 of the Prime Minister approving the list of particularly difficult communes in coastal areas and islands

+ Decision No. 164/2006/QD-TTg dated June 11, 2006of the Prime Minister approving the list of particularly difficult communes, safe area communes in the investment category from the social-economic development program for particularly difficult communes, ethnic minorities and mountainous areas for the period 2006-2010 ( Program 135, phase II).

+ Decision No. 113/2007/QD-TTg dated July 20, 2007 of the Prime Minister approving the list of communes which have completed the objectives of social-economic development program for communes of ethnic minority, mountainous areas, border and remote areas for the period 1999-2005. Supplementing the communes, hamlets and villages in the investment category of the Program 135, stage II and communes in coastal areas and islands in the investment category of the National Target Programme for Poverty Reduction for the period 2006-2010.

+ Decision No. 05/2007/QD-UBDT dated September 06, 2007 of the Committee for Ethnic Minorities and Mountainous Areas concerning the recognition of 03 areas of ethnic minorities and mountainous areas according to the level of development.

+ Decision No. 01/2008/QD-UBDT dated January, 2008 of the Committee for Ethnic Minorities and Mountainous Areas concerning the approving the list of particularly difficult hamlets of area II communes in investment category of Program 135, phase II;

+ Decision No. 69/2008/QD-TTg dated May 28, 2008 of the Prime Minister concerning the approving of additional list of particularly difficult communes, border communes, safe area communes in the investment category of Program 135, phase II and list of communes is taken out of the list of investment list of Program 135, phase II;

+ Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on Program for rapid and sustainable poverty reduction support in 61 poor districts.

c) Kindergarten kids, pupils, students who are orphaned, helpless, disabled, handicapped and economically disadvantaged.

- Kindergarten kids, pupils, students who are orphaned and helpless

- Kindergarten kids, pupils, students who are disabled and economically disadvantaged as specified in Clause 1, Article 1 of the Decree No. 116/2004/ND-CP dated April 23, 2004 of the Government amending and supplementing a number of Articles of the Decree No. 81/CP dated November 23, 1995 of the Government stipulating in detail and guiding the implementation of a number of Articles of the Labor Code on disabled laborers. The identification of subjects who are in economic difficulty complies with the Circular No. 27/2007/TT-BLDTBXH dated November 30, 2007 of the Ministry of Labor, Invalids and Social Affairs guiding the procedures for certification of subjects for capital loan under the Decision No. 157/2007/QĐ-TTg dated September 27, 2007 of the Prime Minister on credit for pupils and students.

d) Children are abandoned, have no care, loses father or mother but the remaining mother or father is missing in accordance with Article 78 of the Civil Code or he/she is incompetent or unable to nurture his/her children prescribed by law. Children with both of their parents or one of the parents is in the penalty time in prison, without any legal nurturer;

Minors between full 16 and under 18 years who are still at school or learning a trade and have circumstances like those of the children mentioned above.

dd) Kindergarten kids, pupils of high school whose parents are under poor household status as prescribed. The poverty line complies with regulations approved by the Prime Minister from time to time (currently being implemented under the Decision No. 170/2005/QD-TTg dated July 8, 2005 of the Prime Minister issuing the poverty line applicable for the period 2006-2010).

e) Kindergarten kids and high school pupils who are children of non-commissioned officers and soldiers who serve with term in the People’s armed forces: as prescribed in Clause 1, Article 5 of Joint Circular No. 04/2009/TTLT-BCA- BTC dated April 14, 2009 of the Ministry of Public Security and the Ministry of Finance guiding the implementation of Decree No. 54/2008/ND-CP dated April 24, 2008 of the Government stipulating the regulations and policies for relatives of commissioned officers and soldiers who serve with term in the People's Police and Point 1.1, Section 1, Part II of the Joint Circular No. 181/2007/TTLT-BQP-BTC dated December 04, 2007 of the Ministry of Defence and the Ministry of Finance guiding the implementation of Decree No. 106/2007/ND-CP dated June 22, 2007 of the Government on regulations and policies for families of commissioned officers and soldiers in the army.

g) Pupils and students through nomination (including pupils nominated for boarding trade learning with the training period of 3 months or more) under the provisions of Decree No. 134/2006/ND-CP dated November 14, 2006 of the Government on regulation of nomination into educational facilities of university, college and intermediate level of the national education system and the Joint Circular No. 13/2008/TTLT-BGDDT-BLDTBXH-BTC- BNV-UBDT dated April 7, 2008 of the Ministry of Education and Training, Ministry of Labour, Invalids and Social Affairs, Ministry of Finance, Ministry of Home Affairs, the Committee for Ethnic Minorities and Mountainous Areas guiding the implementation of some articles of Decree No. 134/2006/ND-CP.

h) Students of ethnic minority boarding high school boarding, university-preparatory school, university-preparatory faculty.

i) Pupils and students at vocational or higher education facilities are the ethnic minority people of poor households and the households with the maximum income equal to 150% of the income of poor households. The determination of households with maximum income equal to 150% of the income of poor households complies with the Circular No. 27/2007/TT-BLDTBXH dated November 30, 2007 of the Ministry of Labour, Invalids and Social Affairs guiding the procedures for identifying the subjects to be loaned under the Decision No. 157/2007/QD-TTg dated September 27, 2007 of the Prime Minister concerning credit for pupils and students.

2. Subjects with reduced tuition fees:

a) The subjects are reduced in 70% tuition fees including pupils, students having major in royal ceremonial music, cheo, tuong, cai luong, dance, circus, and a number of heavy and toxic specialities and trades. Particularly:

- Major in royal ceremonial music, cheo, tuong, cai luong, dance, circus: under the provisions in Decision No. 82/2005/QD-TTg dated April 18, 2005 of the Prime Minister on incentive regime for pupils and students of particular traditional art subjects in schools of arts and cultures.

- Heavy and toxic specialities and trades are specified in the following Decisions:

+ Decision No. 1453/LDTBXH-QD dated October 13, 1995 of Minister of Labour, Invalids and Social Affairs on issuing provisional list of trades and work which are particularly heavy, toxic, dangerous and heavy, toxic, dangerous;

+ Decision No. 915/LDTBXH-QD dated July 30, 1996 of Minister of Labour, Invalids and Social Affairs on issuing provisional list of trades and work which are particularly heavy, toxic, dangerous and heavy, toxic, dangerous;

+ Decision No. 1629/LDTBXH-QD dated December 26, 1996 of Minister of Labour, Invalids and Social Affairs on issuing provisional list of trades and work which are particularly heavy, toxic, dangerous and heavy, toxic, dangerous;

+ Decision No. 190/1999/ QD-LDTBXH dated March 30, 1999 of Minister of Labour, Invalids and Social Affairs on issuing provisional list of trades and work which are particularly heavy, toxic, dangerous and heavy, toxic, dangerous;

+ Decision No. 1580/2000/ QD-LDTBXH dated December 26, 1999 of Minister of Labour, Invalids and Social Affairs on issuing provisional list of trades and work which are particularly heavy, toxic, dangerous and heavy, toxic, dangerous;

+ Decision No. 1152/2003/ QD-LDTBXH dated September 18, 2003 of Minister of Labour, Invalids and Social Affairs on issuing provisional list of trades and work which are particularly heavy, toxic, dangerous and heavy, toxic, dangerous;

b) The subjects are reduced in 70% tuition fees including:

- Kindergarten kids, pupils and students who are children of cadres, officials and employees but their mother or father has work accidents or occupational diseases and is entitled to regular subsidy.

- Kindergarten kids and high school pupils whose parents are in category of households with maximum icome equal to 150% of the poor households as specified at Point i, Clause 1 of this Article.

- Pupils who have graduated from junior high school wish to learn vocational trade.

3. Subjects with learning cost support

a) Kindergarten kids and high school pupils whose parents are permanently residing at border communes, highlands, islands and communes with particularly difficult social and economic conditions. The identification of border communes, highlands and islands communes and communes with particularly difficult social and economic conditions is in accordance with provisions at Point b, Clause 1 of this Article.

b) Kindergarten kids and high school pupils who are orphaned, helpless, disabled, handicapped and economically disadvantaged. The identification of these cases is in accordance with provisions at Point c, Clause 1 of Article.

c) Kindergarten kids and high school pupils whose parents are in poor household category as prescribed by the State and do not belong to the communes specified at Point a, Clause 3 of this Article.

Article 3. Guidance on Clause 2, 3, Article 7 of this Decree.

1. Subsidizing tuition fees for public pre-school and high school facilities with subjects eligible for exemption or reduction in tuition fees:

a) Order, procedures and record

Within 30 days after the new school year, the parents (or the guardian) of public kindergarten kids and pupils of high school will submit application for exemption and reduction in tuition fees ( application form specified in Annex I) to the pre-school educational facilities and public high schools together with certified copy of the following papers:

+ Written certification of subject specified at Point a, Clause 1, Article 2 of this Circular certified by the management agency of revolutionary contributors and communal People’s Committee (as specified in Item a, Point 2.1, Clause 2, Section III of the Circular No. 16/2006/TTLT/BLDTBXH-BGDDT-BTC dated November 20, 2006 of the Ministry of Labour - Invalids and Social Affairs, the Ministry of Education and Training, Ministry of Finance guiding the incentive regime in education and training for people who are revolutionary contributors and their children);

+ Family record book for the subjects specified at Point b, Clause 1, Article 2 of this Circular.

+ A copy of the Decision on social security of the Chairman of district People's Committee (now under the Form No. 5 of the Circular No. 24/2010/TTLT-BLDTBXH Circular dated August 18, 2010 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance) for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids, orphaned and helpless pupils; the written Certification of Hospitals of district, town or the approval Council of commune, ward or township for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids and disabled, handicapped pupils with economically disadvantage;

+ Commune-level People’s Committee certifies the subjects specified at Point d, Clause 1, Article 2 of this Circular;

+ Certificate of poor household and household with maximum income equal to 150% of the income of poor households issued by commune-level People’s Committee to the subjects as specified at Point dd, Clause 1, Article 2 of this Circular.

b) Method of payment:

Funds for the implementation of policies on subsidized tuition fees for public pre-school educational and high school facilities are balanced in the annual budget estimate allocated to these facilities. The allocation of fund estimate to implement the policy on subsidizing tuition fees for for pre-school educational and public high school facilities is done simultaneously with the time of annual allocation of the state budget estimate at localities. When allocating estimate to the pre-school educational and public high school facilities, it is necessary to specify that the fund estimate is implemented by the policy on subsidizing tuition fees for the learners subject to exemption or reduction in tuition fees (number of people) at the pre-school educational and public high school facilities;

When withdrawing the fund estimate for subsidy of exempted or reduced tuition fees, the public pre-school educational and high school facilities have to send the State Treasury where they are doing transactions a summary of proposed subsidy of exempted or reduced tuition fees (including the contents: Full name of the learners exempted or reduced in tuition fees; the school’s tuition fees, the exempted or reduced tuition fees and total demand for subsidized funding proposal) together with complete records (copies) concerning the identification of subjects exempted or reduced in tuition fees as specified at Point a, Clause 1 of this Article.

The funds of state budget subsidizing the exempted or reduced tuition fees to the public pre-school educational and high school facilities with the subjects to be exempted or reduced in tuition fees are recorded in the account of tuition fees of these facilities and independently used under current regulations on financial autonomy of public non-business units

c) Time of receiving: according to the actual number of months of learning from July 01, 2010.

2. Subsidizing tuition fees (based on the tuition fee rate of public schools in the area) to the pupils who are children of contributors to the country, policy subjects specified at Point b, c, d, dd and e, Clause 1 and Point b, Clause 2, Article 2 of this Circular are at non-public kindergarten and high schools. The policy subjects are specified at Point b, c, Clause 1 and Point b, Clause 2, Article 2 of this Circular including:

- Kindergarten kids and pupils whose parents are permanently residing at boder communes, highlands, islands and communes with particularly difficult social and economic conditions.

- Kindergaten kids and pupils who are orphaned and helpless, disabled or handicapped with economical disadvantage.

- Kindergaten kids and pupils who are children of cadres, employees and officials but their father or mother has work accident or occupational diseases and are entitled to regular subsidy.

- Kindergaten kids and high school pupils whose parents are in category of households with maximum icome equal to 150% of the poor households;

a) Order, procedures and records:

Within 30 days after the new school year, the parents (or the guardian) of the non-public kindergarten kids and pupils of high school will submit application with the certification of the school (application form specified in Annex II) to:

- Division of education and training: for kindergarten kids and pupils of junior high school.

- Service of education and training: for pupils of senior high school with the certified copies of one of the following papers:

+ Certificate of subjects specified at Point a, Clause 1, Article 2 of this Circular certified by the management agency of revolutionary contributors and communal People’s Committee (as specified in Item a, Point 2.1, Clause 2, Section III of the Circular No. 16/2006/TTLT/BLDTBXH-BGDDT-BTC dated November 20, 2006 of the Ministry of Labour - Invalids and Social Affairs, the Ministry of Education and Training, Ministry of Finance guiding the incentive regime in education and training for people who are revolutionary contributors and their children);

+ Family record book for the subjects specified at Point b, Clause 1, Article 2 of this Circular.

+ A copy of the Decision on social security of the Chairman of district People's Committee (now under the Form No. 5 of the Circular No. 24/2010/TTLT-BLDTBXH Circular dated August 18, 2010 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance) for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids, orphaned and helpless pupils; the written Certification of Hospitals of district, town or the approval Council of commune, ward or township for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids and disabled, handicapped pupils with economically disadvantage;

+ Commune-level People’s Committee certifies the subjects specified at Point d, Clause 1, Article 2 of this Circular;

+ Certificate of poor household and household with maximum income equal to 150% of the income of poor households issued by commune-level People’s Committee to the subjects as specified at Point dd, Clause 1, Article 2 of this Circular.

+ Copy of annual subsidy book issued by social insurance organization due to work accident for subject specified at Point b, Clause 2, Article 2 of this Circular.

Non-public educational facilities will certify applications for subsidized tuition fees for kindergarten kids and pupils of non-public high school within 30 days from the start of the new semester.

b) Method of payment:

- Division of education and training is responsible for management and organization of payment of subsidized tuition fees directly in cash to the parents (or the guardian) of kindergarten kids and pupils of junior high school.

- Service of education and training is responsible for management and organization of payment of subsidized tuition fees directly in cash to the parents (or the guardian) of kindergarten kids and pupils of senior high school.

Within 15 working days after fully receiving records to request the subsidy of tuition fees exempted and reduced as specified at Point a, Clause 2 of this Article, the Division or Service of education and training will make payment of subsidy of tuition fees exempted and reduced to the learner’s family as prescribed (if the records are not valid, the Division or Service of education and training will notify the learner’s family within 07 days after fully receiving records).

- The payment of subsidized tuition fees is fully made during 9 months/school year by two times a year: The 1^st time for full 4 months in September or October; the 2^nd time for full 5 months in March or April.

- In case the parents (or the guardian) of kindergarten kids or high school pupils have not received their subsidized tuition fees within the specified period, they will receive them in the next payment period.

c) Time of receiving: according to the actual number of months of learning from July 01, 2010.

3. Directly allocating the support money for exemption or reduction in tuition fees to the subjects exempted or reduced in tuition fees in the form of formal learning at public vocational and tertiary facilities.

a) Order, procedures and records:

Within 30 days after the semester, pupils and students will have to submit application for allocating the support money for exemption or reduction in tuition fees (application form specified in Annex III) with the certification of the public vocational and tertiary facilities to the district-level Division of Labor, Invalids and Social Affairs together with certified copies of one of the following papers:

+ Written certification of subject specified at Point a, Clause 1, Article 2 of this Circular certified by the management agency of revolutionary contributors and communal People’s Committee (as specified in Item a, Point 2.1, Clause 2, Section III of the Circular No. 16/2006/TTLT/BLDTBXH-BGDDT-BTC dated November 20, 2006 of the Ministry of Labour - Invalids and Social Affairs, the Ministry of Education and Training, Ministry of Finance guiding the incentive regime in education and training for people who are revolutionary contributors and their children);

+ Family record book for the subjects specified at Point b, Clause 1, Article 2 of this Circular.

+ A copy of the Decision on social security of the Chairman of district People's Committee (now under the Form No. 5 of the Circular No. 24/2010/TTLT-BLDTBXH Circular dated August 18, 2010 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance) for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids, orphaned and helpless pupils; the written Certification of Hospitals of district, town or the approval Council of commune, ward or township for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids and disabled, handicapped pupils with economically disadvantage;

+ Certificate of poor household and household with maximum income equal to 150% of the income of poor households issued by commune-level People’s Committee to the subjects as specified at Point dd, Clause 1, Article 2 of this Circular.

+ Certificate of toxic business lines of the public vocational and tertiary facilities issued to the subjects specified at Point a, Clause 2, Article 2 of this Circular.

+ Certificate of of the public vocational and tertiary facilities issued to the subjects who have graduated from junior high school and are learning trades (with a copy of junior high school Certificate) as specified at Point b, Clause 2, Article 2 of this Circular;

+ Copy of annual subsidy book issued by social insurance organization due to work accident for subject specified at Point b, Clause 2, Article 2 of this Circular.

- The public vocational and tertiary facilities will certifiy applications for allocation of money for exemption and reduction in tuition fees (under the form in Annex III) of pupils and students subject to exemption and reduction in tuition fees within 30 days after the end of the semester for studying pupils and students (for newly admitted pupils and students, certification is made within 07 days after the admission date) so that the pupils and students can submit their applications to the district-level Division of Labor, Invalids and Social Affairs as a basis for payment of money for exemption and reduction in tuition fees

b) Method of payment:

- Division of Labor, Invalids and Social Affairs is responsible for managing and organizing the payment of subsidized tuition fees directly in cash to the parents whose children are studying at the public vocational and tertiary facilities. Within 15 working days after fully receiving records to request the subsidy of tuition fees exempted and reduced as specified at Point a, Clause 3 of this Article, the Division or Service of education and training will make payment of subsidy of tuition fees exempted and reduced to the learner’s family as prescribed (if the records are not valid, the Division or Service of education and training will notify the learner’s family within 07 days after fully receiving records).

- Service of education and training is responsible for management and organization of payment of subsidized tuition fees directly in cash to the parents (or the guardian) of kindergarten kids and pupils of senior high school.

- The support money for exemption or reduction in tuition fees is allocated as follows:

+ For the pupils and students of formal educational system at public vocational and tertiary facilities: allocating 10 months/year in the following term: the 1^st time of allocation in September or October annually, the 2^nd time of allocation in March or April annually.

+ For pupils and students learning trades regularly and short-term training courses: Maximumly support of the ceiling of tuition fees for public vocational college specified in Decree 49 and allocation made by the actual months of study.

If the pupils or students’ families have not received support money for exemption or reduction in tuition fees according to specified time, they will receive it in the next payment period.

If the pupils or students are disciplined to stop their learning or compelled to stop their learning, the vocational and public tertiary facilities where the pupils and students are studying will send notice so that the Division of Labor, Invalids and Social Affairs stops the payment. When these pupils or students starts their learning after the end of discipline according to the certification of the public vocational and tertiary facilities, the Division of Labor, Invalids and Social Affairs will proceed with the payment.

c) Time of receiving: according to the actual number of months of learning from July 01, 2010

4. Supporting direct learning cost to the subjects as specified in Article 6 of Decree 49.

a) Order, procedures and records:

Within 30 days after the new school year, the parents (or the guardian) of kindergarten kids and pupils of public high school will submit application for support of tuition fees ( application form specified in Annex IV) to the Division of Labor, Invalids and Social Affairs together with certified copy of the following papers:

+ Family record book for the subjects specified at Point b, Clause 1, Article 2 of this Circular.

+ A copy of the Decision on social security of the Chairman of district People's Committee (now under the Form No. 5 of the Circular No. 24/2010/TTLT-BLDTBXH Circular dated August 18, 2010 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance) for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids, orphaned and helpless pupils; the written Certification of Hospitals of district, town or the approval Council of commune, ward or township for subjects specified at Point c, Clause 1, Article 2 of this Circular as kindergarten kids and disabled, handicapped pupils with economically disadvantage;

+ Certificate of poor household issued by the commune-level People’s Committee to the subject at Point dd, Clause 1, Article 2 of this Circular.

b) Method of payment:

- The Division of Labor, Invalids and Social Affairs is responsible for managing and finalizing the funds for support of learning costs for pupils’ parents and authorize the commune-level People’s Committee to make payment of support money of learning costs to the learners’ families.

- Within 15 working days after fully receiving records to request the support of learning costs as specified at Point a, Clause 1, Article 4 of this Article, the Division of Labor, Invalids and Social Affairs is responsible for transfer the payment of support money of learning costs together with the list of number of subjects to be supported with the learning costs so that the commune-level People’s Committee or schools (where the learners subject to support of learning costs are studying) make payment to the learners’ families (the above list must be publicized at localities).

- The payment of support funding of learning costs is fully allocated during 9 months/school year and made 2 time in a year: The 1^st time with full payment of 4 months in October or November; the 2^nd time with full payment of 5 months in March or April.

In case the parents (or the guardian) of kindergarten kids or high school pupils have not received their support money of learning costs within the specified period, they will receive them in the next payment period.

c) Time of receiving: according to the actual number of months of learning from January 01, 2011.

Article 4. Funds and estimate, allocation and finalization of fund for payment of subsidized tuition fees and support of learning costs

1. Funds:

The funds for payment of subsidized tuition fees and support of learning costs as specified in this Circular are balanced in the estimate of annual educational career expenditure of localities. The central budget will support localities which are in difficulties and have not balanced their budget.

Particularly in 2010, the central budget ensures the funding for the localities which are not able to balance their budget to implement the following policies:

- Subsidizing the learning costs (according to the level of tuition fees of the public schools in regions) to pupils who are children of the revolutionary contributors, the policy subjects learning at non-public kindergartens and high schools.

- Directly allocating the support money for exemption or reduction in tuition fees to the subjects exempted or reduced in tuition fees in the form of regular learning at public vocational and tertiary facilities.

- The time for calculating the funding support based on the actual number of months of learning from July 01, 2010.

2. Estimate, allocation and finalization of fund for payment of subsidized tuition fees and support of learning costs

Every year, based on the Directive of the Prime Minister on plan for socio-economic development and State budget estimates in the planning year; the guiding Circular of the Ministry of Finance of the preparation of the state budget in the planning year. Based on the number of subjects who are exempted or reduced in tuition fees and supported with learning costs, the provincial-level People’s Committee will prepare the estimate of demand for funds for payment of subsidized tuition fees and support of learning cost aggregated in a sum of the expected demand for estimate of state budget expenditure of localities for submission to the Ministry of Finance at the same time of report on state budget estimate in the planning year. Particularly:

a) Subsidizing tuition fees to the public pre-school and high school facilities with subjects who are exempted or reduced in tuition fees.

The public pre-school and high school facilities will set the grounds for the rate of tuition fees regulated by provincial-level People’s Council and the number of subjects to be exempted or reduced in tuition fees to prepare a list and estimate of budget and request subsidy of tuition fees (together with records identifying the subjects as specified at Point a, Clause 1, Article 3 of this Circular) as follows:

- For pre-schools and junior high school: sent to Division of education and training for sum-up and appraisal and then sent to financial agencies at the same level as a basis for sum-up and appraisal for allocation of cost estimate.

- For senior high schools and educational facilities directly under Service of Education and Training: sent to the Service of Education and Training for sum-up and appraisal and then sent to financial agencies at the same level as a basis for sum-up and appraisal for allocation of cost estimate.

b) Subsidizing tuition fees (based on the tuition fee rate of public schools in the area) to the pupils who are children of contributors to the country, policy subjects at non-public kindergarten and public school.

- Division of Education and Training will base on the tuition fee rate of public pre-schools and junior high schools in the region regulated by the provincial-level People’s Council and the number of subject to be exempted or reduced in tuition fees at pre-schools and non-public junior high schools in the area to make a list (together with records identifying the subjects as specified at Point a, Clause 2, Article 3 of this Circular) for sum-up, appraisal and preparation for cost estimates and then send it to the financial agencies at the same level as a basis for allocation of cost estimate.

- Service of Education and Training will base on the tuition fee rate of public senior high schools in the region regulated by the provincial-level People’s Council and the number of subject to be exempted or reduced in tuition fees at non-public senior high schools in the area to make a list (together with records identifying the subjects as specified at Point a, Clause 2, Article 3 of this Circular) for sum-up, appraisal and preparation for cost estimates and then send it to the financial agencies at the same level as a basis for allocation of cost estimate.

c) Directly allocating the support money for exemption or reduction in tuition fees to the subjects exempted or reduced in tuition fees in the form of formal learning at public vocational and tertiary facilities.

The district-level Division of Labor, Invalids and Social Affairs will base on the ceiling of tuition fees in proportion to each business line specified in Decree 49 and the number of subject to be exempted or reduced in tuition fees at non-public senior high schools in the area to make a list (together with records identifying the subjects as specified at Point a, Clause 3, Article 3 of this Circular) for sum-up, appraisal and preparation for cost estimates and then send it to the financial agencies at the same level as a basis for allocation of cost estimate.

d) Supporting learning costs directly to the subjects as specified in Article 6 of Decree 49.

The district-level Division of Labor, Invalids and Social Affairs will base on the rate of support of learning costs specified in the Decree 49 (VND 70,000/pupil/month to buy books, notebooks and other things…) and the number of subject to be supported with tuition fees to make a list (together with records identifying the subjects as specified at Point a, Clause 3, Article 3 of this Circular) for sum-up, appraisal and preparation for cost estimates and then send it to the financial agencies at the same level as a basis for allocation of cost estimate.

e) The agencies will prepare, aggregate and manage the funds for subsidy of tuition and support of learning costs specified in Clause 2 of this Article and send the cost estimate to implement these policies to the financial agencies at the same level before May 31 for aggregated in a sum of the expected demand for estimate of state budget expenditure of localities for submission to the Ministry of Finance.

g) Based on the Decision on allocation of estimate of state budget of the Prime Minister, the provincial-level People’s Committee will present the People’s Council at the same level the decision on allocation of funds for subsidy of tuition fees and support of learning costs in the estimate of annual educational career expenditure of localities as prescribed particularly detailing each content of expenditure made for specific items specified in Clause 2 of this Article.

h) Implementation of estimate and finalization

The implementation of estimate and finalization of funds for subsidy of tuition fees and support of learning costs will comply with current provisions of the Law on State budget, legal guiding documents and current State budget index.

3. The regimes of subsidy of tuition fees and support of learning costs specified in this Circular only apply to the learners subject to exemption and reduction in tuition fees and support of learning costs during the time of study. In case during the time of study, the learners subject to exemption and reduction in tuition fees and support of learning costs do not have requesting application together with necessary papers as specified in this Circular, they will only be subsidized with the money for exemption and reduction in tuition fees and support of learning costs from the time the local competent authority fully receives the records to the end of the course. No settlement and receipt of subsidy of exemption or reduction in tuition fees and support of learning costs for the time spent for study before the learners submit their application together with relevant necessary papers.

Article 5. Guiding Clause 3, Article 11 and Clause 1,2,3 Article 12 of Decree 49.

On the basis of tuition frame specified at Point 1, Article 11 and the ceiling of tution fees at Point 1,2,3, Article 12 of Decree 49, the provincial-level People’s Committee will present the People’s Council at the same level to prescribe the annual rate of tuition fees (for schools managed by the local authority) in accordance with each area and region, level of education and training qualifications ( pre-school, general, vocational, tertiary and post-graduate education), group of business line training and form of training (formal and regular education)

Article 6. Guiding Clause 4, Article 11 of Decree 49

The public pre-schools and high schools performing ​​high-quality programs may set the proportional rate of tuition fees to cover training costs and make a report to the Service of education and training, the Service of Labor, Invalids and Social Affairs, specialized management agencies for appraisal and request the permission from the provincial-level People's Committees.

The public vocational and tertiary facilities performing ​​high-quality programs may set the proportional rate of tuition fees to cover training costs request the permission from the Ministry of Education and Training, Ministry of Labour - Invalids and Social Affairs.

The Ministry of Education and Training, Ministry of Labour - Invalids and Social Affairs will issue separate documents on criteria for ​​high-quality programs consistent with each level of education and training qualifications as a basis for implementation.

Article 7. Publicity of tuition fees

The educational facilities will publicize the rate of tution fees as specified in the Circular No. 09/2009/TT-BGDDT dated May 07, 2009 of the Ministry of Education and Training on issuing Regulation on public implementation for educational facilities of the national educational system, particularly: Pre-school educational facilities specified at Point a, b, Clause 2, Article 5; the high school educational facilities specified at Point a, b, Clause 2, Article 7; the vocational and tertiary educational facilities specified at Point a, b, Clause 3, Article 13.

Article 8. Implementation organization

This Circular takes effect on January 01, 2011. The previous provisions contrary to the provisions of this Circular are hereby repealed.

The subjects exempted from tuition fees and supported with learning costs under provisions of this Circular entitled to a lot of different supporting policies simultaneously will only enjoy the most preferential regime.

Pupils and students exempted from tuition fees but simultaneously study at a lot of schools (or faculties in the same school), they are entitled to the preferential regime of exemption or reduction in tution fees at an only school.

No application of preferential regime for exemption and reduction in tuition fees for pupils and students who are exempted or reduced in tuition fees if they have enjoyed this regime at one training facility and now continue to study at another facility at the same level and training qualification.

In the course of implementation, if the legal normative documents referred to for application in this Circular are amended, supplemented or replaced with new documents, the reference will be applied for those new documents.

Any difficulty arising during the implementation should be promptly reported to the Ministry of Education and Training and the Ministry of Labour - Invalids and Social Affairs for review and settlement.