Chương VI Nghị định 105/2020/NĐ-CP: Điều khoản thi hành

DECREE

PROVIDING FOR EARLY CHILDHOOD EDUCATION DEVELOPMENT POLICIES

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

Pursuant to the Law on Children dated April 05, 2016;

Pursuant to the Education Law dated June 14, 2019;

At the request of the Minister of Education and Training;

The Government hereby promulgates a Decree providing for early childhood education development policies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

This Decree provides for early childhood education development policies mentioned in Clauses 1 and 2 Article 27 and Clause 2 Article 81 of the Education Law.

2. Regulated entities

This Decree is applicable to junior kindergarten centers and independent junior kindergarten classes; senior kindergartens and independent senior kindergarten classes; and combined kindergartens and independent preschool classes (hereinafter collectively referred to as “preschool institutions”); and relevant organizations and individuals.

Article 2. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “preschool institution located near an industrial park” means a preschool institution that is located in the same district as an industrial park granted the establishment license by the competent authority in accordance with regulations of laws on industrial parks and provides care and education for children of workers of the industrial park.

2. “independent preschool institutions” refers to a type of other educational institutions in the national educational system, including independent junior kindergarten classes, independent senior kindergarten classes and independent preschool classes granted the establishment license as per the law.

3. “semi-boarding services” refers to services that feed and let children have a nap in a preschool institution.

4. “extra hour preschool services” means services that provide care and education for preschool children outside of class hours as per the law.

5. “pickup services” refers to services that transport preschool children from their home to a preschool institution and vice versa.

Chapter II

POLICIES FOR INVESTMENT IN AND PRIORITIZED DEVELOPMENT OF    EARLY CHILDHOOD EDUCATION

Article 3. Preschool center and class investment policy

1. Allocate more funding from central government budget and local government budget to invest in facilities under programs and projects to strengthen preschool centers and classes, ensure that each center/class has 01 room by 2025; add more work items or build new ones with the aim of meeting standards for preschool facilities.

2. It is encouraged to attract private resources for investment in preschool facilities in any shape or form as per the law.

3. Allocate land for preschool institutions in local land use plans; strengthen and develop kindergartens and preschool classes within the socio-economic capacity of each locality with the aim of standardization, modernization, privatization and international integration; provide early childhood education for all children aged five.

Article 4. Policy for prioritized early childhood education development in communes with exceptional socio-economic difficulties and communes in disadvantaged areas

1. Prioritize funding allocated to programs and projects from central and local government budgets for establishment of public preschool institutions in communes with exceptional socio-economic difficulties stipulated by the Prime Minister to ensure that each center/class has 01 room by 2025 and meet facilities strengthening requirements.

2. State budget shall contribute to meal preparation for students of public preschool institutions located in communes with exceptional socio-economic difficulties, in coastal communes with exceptional difficulties, on islands and in communes in disadvantaged areas stipulated by the Prime Minister in accordance with regulations in Clause 3 herein.

3. Funding contribution for children’s meal preparation

a) Funding contributed to preparation of meals for preschool children shall be calculated based on number of children having lunch at school, with the minimum rate being VND 2.400.000 for 45 children in one month. Regarding the remaining children besides the initial 45, for every next 20 to 45 children, the preschool institution may receive the abovementioned amount once for each month. Each preschool institution may receive a maximum of 05 times of the abovementioned amount for a month and shall not receive funding for more than 9 months in one year.

b) Implementing method

At the time of preparation of state budget estimate every year, based on the number of children currently enrolled, each public preschool institution shall prepare an estimate in accordance with the regulations in Clause 2 herein and other regulatory requirements and send it to the bureau of education and training, which shall send a consolidated estimate to the finance authority at the same level for appraisal and propose it to the body with competence in funding approval according to regulations of the Law on State Budget.

Article 5. Benefits offered to people-founded or private independent preschool institutions located near an industrial park or in area with large number of workers

1. Entities eligible for the benefits

People-founded or private independent preschool institutions which are located near an industrial park granted the establishment license by the competent authority in accordance with regulations of law and at least 30% of the students of which are children of workers of the industrial park are eligible for the benefits.

2. Benefits

The entities mentioned in Clause 1 herein may receive facilities necessary for their operation once, including household items, toys and teaching equipment included in the list provided for by the Ministry of Education and Training, and funding for repair of facilities used to provide care and education for their students. Minimum benefit rate is VND 20 (twenty) million for each independent preschool institution.

3. Implementing method

Pursuant to regulations of Clause 2 herein and depending on capacity of local government budget and number of eligible independent preschool institutions in each province, the provincial People's Committee shall formulate and propose a benefits provision plan and plan for inspection of benefit provision and use of funding by receiving independent preschool institutions to the People's Council of the province for approval and implementation, and ensure that the preschool institutions receive the benefits before June 30 of each year.

Article 6. Incentive policies for organizations and individuals investing in early childhood education development

1. Investors making an investment in early childhood education are eligible for incentive land, tax and credit policies and incentive policies for privatization as prescribed by law.

2. Investors making an investment in early childhood education are eligible for benefits offered to  investment in establishment of preschool institutions in the form of public-private partnership as prescribed by laws on investment.

3. Public preschool institutions may provide some public services not funded by state budget such as semi-boarding services, extra hour preschool services and pickup services.

Depending on socio-economic situation of each province, the provincial People's Committee shall draw up list of services, stipulate economic-technical norms as well as price bracket and price of each service, and propose them to the People's Council of the province for decision.

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.

Chapter IV

BENEFITS FOR EARLY CHILDHOOD EDUCATION TEACHERS

Article 9. Benefit for early childhood education teachers in charge of multi-grade classes or improvement of Vietnamese proficiency of ethnic minority children

1. Persons eligible for the benefit

Early childhood education teachers teaching at branches of public preschool institutions located in communes with exceptional socio-economic difficulties, in coastal communes with exceptional difficulties, on islands and in communes in disadvantaged areas stipulated by the Prime Minister and meeting one of the following conditions:

a) Directly teach 02 sessions/day in a multi-grade junior kindergarten class or senior kindergarten class with students of at least 2 age groups.

b) Directly teach for the purpose of Vietnamese proficiency improvement in a multi-grade junior kindergarten class or senior kindergarten class with ethnic minority students.

2. Benefit

A teacher meeting the conditions stated in Clause 1 herein is entitled to VND 450.000 each month (four hundred fifty thousand dong each month). The teacher may receive this amount for every month in which they teach but no more than 9 months/academic year.

This amount shall be added to the teacher’s monthly salary and not be included in the basis for calculation of social insurance, health insurance and unemployment insurance.

3. Implementing method

At the time of preparation of state budget estimate every year, each preschool institution shall draw up a list of teachers eligible for the benefit (using Form No. 04 in Appendix enclosed therewith) and send it to the bureau of education and training, which shall send a consolidated list to the finance authority at the same level for appraisal, and propose it to the body with competence in funding approval according to regulations of the Law on State Budget.

For preschool institutions affiliated to a department of education and training or another regulatory body, the head of each institution shall submit the list of eligible teachers to the institution’s supervisory body and to the bureau of education and training of the district where the institution is located for monitoring and consolidation purposes.

Article 10. Benefit offered to early childhood education teachers working in people-founded or private preschool institutions located near an industrial park

1. Persons eligible for the benefit

Early childhood education teachers currently working in people-founded or private preschool institutions granted the establishment license by the competent authority, operating under the law and located near an industrial park, and satisfying the following conditions:

- Meet the standards for the title of early childhood education teacher as prescribed by law;

- Work under a labor contract with the legal representative of the people-founded or private preschool institution;

- Directly provide care and education for students of a junior kindergarten class/senior kindergarten class at least 30% of the students of which are children of workers of the industrial park.

2. Benefit

A teacher meeting the conditions stated in Clause 1 herein is entitled to at least VND 800.000 each month (eight hundred thousand dong each month).

Number of teachers that may receive the benefit of public preschool institutions per existing regulations is applicable to people-founded or private preschool institutions.

The teacher may receive this amount for every month in which they teach. This benefit shall be separated from the salary agreed upon between the head of the people-founded or private preschool institution and the teacher and not be included in the basis for calculation of social insurance, health insurance and unemployment insurance.

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 and procedures:

a) Application components

- List of teachers eligible for the benefit (made using Form No. 05 in Appendix enclosed therewith);

- Copy sent together with the authentic copy for comparison or certified true copy of each eligible teacher’s labor contract.

b) Application procedures

In August of every year, the legal representative of each people-founded or private preschool institution shall send an application containing the components mentioned in Point a Clause 3 herein in person or by post or online to the bureau of education and training;

Within 10 working days after the date on which the application from the preschool institution is received, the bureau of education and training shall appraise the application, consolidate list of teachers eligible for the benefit and send it to the finance authority at the same level, which shall propose it to the competent authority for approval according to regulations of the Law on State Budget;

Within 07 working days starting from 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 teachers eligible for the benefit and notify the preschool institution of the result;

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

c) Implementing method

The preschool institution shall take responsibility for receipt of funding for the benefit and directly provide the benefit for the eligible teachers in cash or via transfer;

The benefit shall be provided twice in an academic year: the first time shall be in December of every year; and the benefit for the remaining months shall be provided in May of every year;

If a teacher does not receive the benefit within the given time limit, they may receive it in the next benefit provision period;

If a teacher stops working at the institution, the 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 11. Benefits concerning provision of documents and reimbursement of training costs offered to teachers of people-founded or private preschool institutions

1. Persons eligible for the benefits

Early childhood education teachers (including principals, vice principals, heads of junior kindergarten classes and department heads) currently working in people-founded or private preschool institutions granted the establishment license by the competent authority and operating under the law.

2. Benefits

The State shall provide teachers meeting the conditions stated in Clause 1 herein with documents and reimburse training costs when these teachers participate in refresher or training courses. These teachers are entitled to the benefit rate offered to teachers of public preschool institutions having the same qualifications when they participate in refresher or training courses according to regulations.

On an annual basis, based on the training plan of the bureau of education and training, each people-founded or private preschool institution shall draw up a list of teachers participating in the training and send it to the bureau of education and training, which shall prepare a consolidated list and cost estimate, propose them to the competent authority for approval and provide the benefits as prescribed by law.

Chapter V

IMPLEMENTATION

Article 12. Funding sources and funding management

1. The policies provided for in this Decree shall be funded by:

a)  State budget, including local government budget; and central government budget from which funding is allocated to assist local governments in compliance with regulations of the Law on State Budget, Law on Public Investment and applicable guidelines thereof.

- Local government budget shall cover the policies provided for in Articles 5, 8, 10 and 11 of this Decree.

- Funding from central government budget shall be allocated to local government budget to cover the policies provided for in Articles 4, 7 and 9 of this Decree.

b) Private funding for education and other funding sources legally mobilized.

2. Estimate preparation and management, use and settlement of funding for the policies provided for herein shall be carried out in accordance with applicable regulations of the Law on State Budget, Law on Accounting and Law on Public Investment and existing guidelines thereof.

Article 13. Responsibilities of ministries and central authorities

1. The Ministry of Education and Training shall:

a) Take charge and cooperate with relevant ministries and central authorities in directing local governments to implement this Decree;

b) Inspect and evaluate implementation of this Decree according to regulations.

2. The Ministry of Finance shall ensure funding for the policies provided for in this Decree according to existing budget decentralization regulations.

3. The Ministry of Planning and Investment shall take charge of submitting consolidated annual and mid-term public investment plans to fund programs and projects concerning provision of facilities to preschool institutions approved by competent authorities in compliance with regulations of the Law on Public Investment and guidelines thereof.

4. Relevant ministries and central authorities shall cooperate with the Ministry of Education and Training in directing local governments to implement this Decree intra vires.

5. The Central Committee of the Vietnam Fatherland Front and members thereof shall cooperate in promoting, expediting, supervising and put forward propositions concerning implementation of the policies provided for in this Decree intra vires.

Article 14. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. Provide direction and guidelines for implementation of the policies provided for herein in their provinces/cities according to regulations of this Decree; inspect and monitor such implementation and submit annual reports on such implementation to the Ministry of Education and Training and relevant ministries and central authorities.

2. Ensure funding for the policies provided for in this Decree.

3. Prepare and report annual budget estimate to the provincial People’s Council for decision on solutions adopted to ensure balance of financial resources for implementation of the policies in each province/city; inspect and audit adherence to estimate and budget settlement of affiliated budget estimate units in compliance with regulations of the Law on State Budget and Law on Public Investment and applicable guidelines thereof.

Chapter VI

IMPLEMENTATION CLAUSE

Article 15. Effect

1. This Decree comes into force from November 01, 2020.

2. The Government’s Decree No. 06/2018/ND-CP dated January 05, 2018 on lunch assistance benefits for preschool children and benefits for early childhood education teachers is annulled from the date on which this Decree comes into force.

3. Benefits offered to early childhood education teachers provided for in Clause 1 Article 7 and Clause 1 Article 8 of the Government’s Decree No. 06/2018/ND-CP dated January 05, 2018 on lunch assistance benefits for preschool children and benefits for early childhood education teachers are applicable until the end of 2021.

Article 16. Implementing responsibilities

1. The Minister of Education and Training shall organize implementation of the policies provided for in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Decree./.

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