Chương III Nghị định 105/2020/NĐ-CP : Chính sách đối với trẻ em mầm non

Chapter III

BENEFITS FOR PRESCHOOL CHILDREN

Article 7. Lunch assistance benefit for preschool children

1. Persons eligible for the benefit

Preschool-aged children (excluding children of ethnic minorities with sparse population provided for in the Government’s Decree No. 57/2017/ND-CP dated May 09, 2017 on admission priority and learning assistance policies for preschool children and students of ethnic minorities with sparse population) who are enrolled in senior kindergarten classes of preschool institutions and meet one of the following conditions:

a) Permanent residence of the child’s father or mother or the child is located in a village with exceptional difficulties, a commune with exceptional socio-economic difficulties or a coastal commune with exceptional difficulties or on an island stipulated by the Prime Minister.

b) The child has no caregiver as provided for in Clause 1 Article 5 of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013 on social assistance benefits for beneficiaries.

c) The child is a part of a poor or near-poor household stipulated by the Prime Minister.

d) The child's parent is a revolutionary war martyr, Hero of the People’s Armed Forces, war invalid, person entitled to benefits offered to war invalids, or sick soldier; or another type of beneficiary provided for in the Ordinance on benefits offered to people with meritorious services to revolutions (if any).

dd) The child has a physical disability and is receiving inclusive education.

2. Benefit

A child meeting the conditions stated in Clause 1 herein is entitled to VND 160.000 of lunch money each month. The child may receive this amount for every month in which they are enrolled in school but no more than 9 months/academic year.

3. Application components

a) A parent or the caregiver of a child meeting the condition stated in Point a Clause 1 of this Article shall submit one of the following documents:

- A copy together with the authentic copy for comparison or certified true copy of the family registry or ID number of the child or the child’s parent or caregiver;

- Written confirmation of the child’s permanent residence from the police (in case the family registry is missing).

b) A parent or the caregiver of a child meeting the condition stated in Point b Clause 1 of this Article shall submit one of the following documents:

- A copy together with the authentic copy for comparison or certified true copy of the decision on grant of benefit by the chairperson of the commune-level People’s Committee;

- A copy together with the authentic copy for comparison or certified true copy of a written confirmation from the commune-level People’s Committee or social protection establishment that the child is orphaned or abandoned or is one of the other cases provided for in Clause 1 Article 5 of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013 on social assistance benefits for beneficiaries;

- A copy together with the authentic copy for comparison or certified true copy of the adoption certificate for if the child is orphaned or abandoned or is one of the other cases provided for in Clause 1 Article 5 of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013 on social assistance benefits for beneficiaries.

c) A parent or the caregiver of a child meeting the condition stated in Point c Clause 1 of this Article shall submit a copy together with the authentic copy for comparison or certified true copy of a poor or near-poor household certificate issued by the commune-level People’s Committee.

d) A parent or the caregiver of a child meeting the condition stated in Point d Clause 1 of this Article shall submit a copy together with the authentic copy for comparison or certified true copy of a written confirmation from the regulatory body managing the person with meritorious services to a revolution mentioned in Point d Clause 1 herein and the child’s birth certificate.

dd) A parent or the caregiver of a child meeting the condition stated in Point dd Clause 1 of this Article shall submit a copy together with the authentic copy for comparison or certified true copy of a written confirmation of the child’s physical disability issued by the commune-level People’s Committee or decision on grant of benefit by the chairperson of the commune-level People’s Committee.

4. Application procedures

In August of every year, each preschool institution shall provide parents or caregivers of children entitled to the benefit with information and guidelines concerning application for the benefit;

Within 15 working days starting from the date on which the preschool institution provides the information, parents or caregivers of the qualified children shall submit 01 application in person or by post or online, which shall contain the documents provided for in Clause 3 herein, to the preschool institution. Only 01 application is required for the whole time during which the child is enrolled at the preschool institution. For the children meeting the condition stated in Point c Clause 1 herein, the poor or near-poor household certificate shall be resubmitted for each academic year;

The preschool institution shall receive and review each application’s components. If an application contains a copy not yet certified by the competent authority, the person receiving the application shall compare the copy with the authentic copy and countersign it to add it to the application, and request any document missing or against requirements from the applicant. After receiving the valid application, the preschool institution shall provide the applicant with a written confirmation of such receipt. For applications sent by posts or online and against requirements, within 05 working days, the preschool institution shall send a notification of application rejection and the reason for such rejection to the applicant;

Within 10 working days after the application deadline, the preschool institution shall draw up a list of children eligible for the lunch assistance benefit (using Form No. 01 in Appendix enclosed therewith) and send it together with the applications prepared in accordance with regulations in Clause 3 herein to the supervisory bureau of education and training for consideration and consolidation;

Within 07 working days after the date on which the applications from the preschool institution are received, the bureau of education and training shall appraise the applications, draw up a list of children eligible for the lunch assistance benefit (using Form No. 02 in Appendix enclosed therewith) and send it to the finance authority at the same level, which shall propose it to the district-level People’s Committee for approval according to regulations of the Law on State Budget;

Within 07 working days after the date on which the documents from the bureau of education and training are received, the district-level People’s Committee shall approve of the list of children eligible for the lunch assistance benefit and notify the preschool institution of the result;

After the list of children eligible for the lunch assistance benefit is approved by the competent authority, the preschool institution shall announce the list and provide the benefit.

5. Implementing methods

a) Lunch assistance benefit shall be provided twice in an academic year: the benefit for the first 4 months shall be provided in November or December of every year; and the benefit for the remaining months shall be provided in March or April of every year.

b) Depending on actual management situation and lunch arrangement of each preschool institution, the leader of the institution shall discuss with the representative committee of students’ parents to choose one of the two following methods:

- Method 1: the institution keeps the lunch assistance funding to provide lunch for the children (for preschool institutions preparing lunch for their students);

- Method 2: directly provide the benefit in cash for parents or caregivers of the children in accordance with regulations in Point a Clause 5 herein.

The preschool institution shall take responsibility for receipt of funding for lunch assistance benefit and payment of such benefit. Depending on actual management situation and lunch arrangement of the institution, the leader of the institution shall discuss with the representative committee of students’ parents to decide on one of the two abovementioned methods.

c) If a child's parent or caregiver does not receive the benefit within the time limit mentioned in Point a Clause 5 herein, they may receive it in the next benefit provision period.

d) If a child moves to another preschool institution, the old institution shall return the application for lunch assistance benefit to the child’s parent or caregiver. The new institution shall report the child’s case to the bureau of education and training, which shall propose to the chairperson of the district-level People’s Committee for issuance of a decision to transfer funding or provide additional funding for the new institution to offer lunch assistance benefit to the child in accordance with regulations in Point a Clause 5 herein.

dd) If a child quits school, the preschool institution shall report to the bureau of education and training, which shall propose cessation of benefit provision to the district-level People’s Committee.

Article 8. Benefit offered to preschool children of workers of industrial parks

1. Persons eligible for the benefit

Children currently enrolled at people-founded or private preschool institutions granted the establishment license by the competent authority and operating under the law whose father or mother or caregiver is a worker of an industrial park under labor contract to the enterprise in accordance with regulations.

2. Benefit

A child meeting the conditions stated in Clause 1 herein is entitled to at least VND 160.000 each month. The child may receive this amount for every month in which they are enrolled in school but no more than 9 months/academic year.

The provincial People's Committee shall decide the benefit rate as suitable for the province’s budget and propose it to the People's Council at the same level for consideration and decision.

3. Application components

a) An application for benefits offered to preschool children of workers of industrial parks (made using Form No. 03 in Appendix enclosed therewith) with confirmation from the employer of the child’s parent or caregiver;

b) The child’s birth certificate or family registry or written confirmation of temporary residence (copy sent together with the authentic copy for comparison or certified true copy).

4. Application procedures and implementing method

a) Application procedures

In August of every year, each preschool institution shall provide parents or caregivers of children entitled to the benefit with information and guidelines concerning application for the benefit;

Within 15 working days starting from the date on which the preschool institution provides the information, parents or caregivers of the qualified children shall submit 01 application in person or by post or online, which shall contain the documents provided for in Clause 3 herein, to the preschool institution;

The preschool institution shall receive and review each application’s components. If an application contains a copy not yet certified by the competent authority, the person receiving the application shall compare the copy with the authentic copy and countersign it to add it to the application, and request any document missing or against requirements from the applicant. After receiving the valid application, the preschool institution shall provide the applicant with a written confirmation of such receipt. For applications sent by posts or online and against requirements, within 05 working days, the preschool institution shall send a notification of application rejection and the reason for such rejection to the applicant;

Within 10 working days after the application deadline, the preschool institution shall draw up a list of children eligible for the benefit and send it together with the applications prepared in accordance with regulations in Clause 3 herein to the supervisory bureau of education and training for consideration and consolidation; legal representatives of people-founded/private preschool institutions shall take full responsibility for this list;

Within 07 working days after the date on which the applications from the preschool institution are received, the bureau of education and training shall appraise the applications, draw up a list of children eligible for the benefit and send it to the finance authority at the same level, which shall submit it to the district-level People’s Committee for approval according to regulations of the Law on State Budget;

Within 07 working days after the date on which the documents from the bureau of education and training are received, the district-level People’s Committee shall approve of the list of children eligible for the benefit and notify the preschool institution of the result;

After the list of children eligible for the benefit is approved by the competent authority, the preschool institution shall announce the list.

b) Implementing method

The preschool institution shall take responsibility for receipt of funding for the benefit and directly provide the benefit in cash for parents or caregivers of the eligible children;

The benefit shall be provided twice in an academic year: the benefit for the first 4 months shall be provided in November or December of every year; and the benefit for the remaining months shall be provided in March or April of every year;

If a child's parent or caregiver does not receive the benefit within the given time limit, they may receive it in the next benefit provision period;

If a child quits school, the preschool institution shall report to the bureau of education and training, which shall propose cessation of benefit provision to the district-level People’s Committee.