Nghị định 116/2020/NĐ-CP chính sách hỗ trợ tiền đóng học phí đối với sinh viên sư phạm

DECREE

REGULATING TUITION SUPPORT AND LIVING ALLOWANCES GRANTED TO PEDAGOGY STUDENTS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

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

Pursuant to the Law on Higher Education dated June 18, 2012; the Law on Amendments and Supplements to certain Articles of the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Public Employees dated November 15, 2010; the Law on Amendments and Supplements to certain Articles of the Law on Public Officers, Civil Servants and Public Employees;

Pursuant to the Law on State Budget dated June 25, 2015;

Upon the request of the Minister of Education and Training;

The Government hereby promulgates the Decree regulating tuition support and living allowances granted to pedagogy students.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. This Decree regulates tuition support and living stipend allowances for students taking teacher training courses at universities, academies, universities and colleges that are allowed to provide teacher training courses (hereinafter referred to as teacher training institutions) provided according to the approach of commissioning, ordering or procurement, and the tailor-made training approach meeting social needs.

2. This Decree shall apply to the followings:

a) Students taking Bachelor’s degree or three-year undergraduate programs in teacher training disciplines in the formal and formal association forms, and students taking second degree programs in the Bachelor’s degree or three-year undergraduate education form in teacher training disciplines who gain excellent degree academic results for the first degree (hereinafter referred to as pedagogy students).

b) People's Committees of provinces and centrally-run cities (hereinafter referred to as provincial People's Committees) or affiliates granted authorization for commissioning, ordering or procurement for training of pedagogy students (hereinafter referred to as commissioning, ordering or procuring authorities); teacher training institutions and organizations and individuals having training needs.

3. This Decree shall not apply to teachers who are sent for training courses in improvement of their background qualifications according to the provisions of the Government's Decree No. 71/2020/ND-CP dated June 30, 2020, regarding the roadmap for improvement of background qualifications of preschool, primary and secondary school teachers.

Article 2. Interpretation

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

1. The number of rounded months used for calculation of the seniority of a teacher is determined by taking the number of working days a month which is at least 15 days as one month.

2. Pedagogy students serving in the education sector after graduation, including:

a) Teachers or lecturers performing teaching, research or other academic tasks, public employees responsible for academic administration activities at educational institutions of the national education system, and other educational institutions established according to consents from competent authorities, scientific research institutions for education and training;

b) Civil servants and public employees working for state regulatory authorities in charge of educational affairs under the provisions of the Decree, regulating responsibilities for state management of education.

3. Persons accorded authority to certify the seniority of teachers are Heads of entities and authorities prescribed in clause 2 of this Article.

Article 3. Determination of training, commissioning, ordering or procurement needs

1. Each year, provincial People's Committees shall prepare reports on review, calculation and estimation of the needs to recruit and train local teachers for each academic level, grade level, area of study and subject in an enrollment year for submission to the Ministry of Education and Training before January 31 and publicize them through mass media or means of communication.

Based on these needs to recruit teachers according to academic levels and disciplines at localities and social needs, training quality assurance conditions and training capabilities of teacher training institutions, the Ministry of Education and Training shall identify and declare student intakes based on which teacher training institutions enroll their students.

2. Based on the intakes announced by the Ministry of Education and Training, teacher training institutions shall widely notify them to localities, organizations and individuals having the teacher training needs and post them on the Web Portal of the Ministry of Education and Training, and web pages of their own.

3. Based on the student intakes informed by teacher training institutions and local teacher training needs, commissioning, ordering or procuring authorities having such needs may issue decisions on cooperation on commissioning, ordering or procurement of teacher training services with teacher training institutions in one of the following forms:

a) Commissioning directly affiliated teacher training institutions to provide teacher training services;

b) Ordering teacher training services from teacher training institutions;

c) Procuring teacher training institutions' bids for teacher training services.

4. Commissioning decisions and teacher training contracts between commissioning, ordering or procuring entities and teacher training institutions must be made based on needs and teacher training plans over years, in line with schedules specified in local educational development plans, or local annual and long-term teacher training plans.

5. Unit prices of teacher training services to be commissioned for, ordered or procured shall be determined according to Article 4 of this Decree.

6. Commissioning, ordering or procurement that has not yet been specified in this Decree shall be subject to the Government's Decree No. 32/2019/ND-CP dated April 10, 2019, setting out regulations regarding commissioning, ordering or procurement for supply of public products and services using the state budget's funds.

Chapter II

POLICIES ON TUITION SUPPORT, LIVING ALLOWANCES AND REIMBURSEMENT OF SUPPORT FUNDS

Article 4. Support and support time

1. Support or allowance rate:

a) Pedagogy students shall be entitled to the state-funded tuition support which is equal to tuitions charged by teacher training institutions where they are taking training programs;

b) Pedagogy students shall be entitled to 3.63 million dong each month as an allowance or stipend offsetting their living expenses while studying at teacher training institutions.

2. The validity period of tuition support and living allowances or stipends shall be determined in proportion to the actual number of academic months as prescribed, but not exceeding 10 months/academic year. If any teacher training institution provides academic programs according to the credit system, they may convert support rates to adapt to the credit system. Total financial support in the whole training course provided according to the credit system shall not exceed the specified support rate applied to a course in each academic year.

Article 5. Support cost estimation and payment of support expenses

1. Support cost estimation:

a) With regard to pedagogy students trained according to the commissioning, ordering or procurement approach (hereinafter referred to as beneficiaries of training service commissioning, ordering or procurement policies): Based on local teacher training needs and support levels specified in Article 4 of this Decree, commissioning, ordering or procuring bodies shall prepare the annual estimate of teacher training costs for submission to competent authorities to seek their decisions on approval of funding for payment of tuition support and living allowances or stipends for pedagogy students through teacher training institutions;

b) With regard to pedagogy students taking teacher training programs tailor-made to social needs (other than beneficiaries of training service commissioning, ordering or procurement policies): Based on the remaining number of students to be admitted falling within the differential in the student intake between the student intake announced by the Ministry of Education and Training and the intake of beneficiaries of commissioning, ordering or procurement policies, teacher training institutions shall annually prepare the estimate of costs for submission to superior authorities that then proceed to submit the general report to financial institutions to seek their decisions on cost budgets in accordance with the Law on State Budget. Funds for tuition support and living allowances or stipends granted to pedagogy students taking teacher training programs tailor-made to social needs shall be granted to teacher training institutions in the form of allocation of estimated costs as per regulations in force.

2. Payment of the state budget’s support funds:

a) Funds for tuition support and living allowances or stipends granted to pedagogy students shall be obtained from the state budget’s annual estimated expenditures for educational and training affairs of localities, ministries or sectoral administrations in accordance with regulations currently in force;

b) Commissioning, ordering or procuring bodies shall directly pay teacher training institutions funds for tuition support and living allowances or stipends for pedagogy students according to the mechanism of the State’s commissioning, ordering or procurement applied to those entitled to commissioning, ordering or procurement policies.

Funds for tuition support and living allowances or stipends granted to pedagogy students falling within the student intake announced by the Ministry of Education and Training, but not eligible for commissioning, ordering or procurement policies, shall be obtained from annually estimated expenditures that competent authorities authorize for teacher training institution’s spending in accordance with regulations laid down in the Law on State Budget;

c) Teacher training institutions shall be responsible for paying pedagogy students living allowances or stipends by wire transfers made via receiving students’ deposit accounts opened at banks.

3. Cost estimation, compliance with estimates and settlement or finalization of financial obligations to carry out policies on tuition support and living allowances or stipends for pedagogy students set forth in this Decree shall comply with the provisions of the Law on State Budget and other instructional documents.

Article 6. Reimbursement of support funds  

1. Pedagogy students required to reimburse funds for tuition support, living allowances, including:

a) Pedagogy students already receiving financial support policies have not served in the education sector for 2 years of receipt of graduation decisions;

b) Pedagogy students already receiving financial support policies and serving in the education sector fail to meet the seniority requirement prescribed in point a of clause 2 of this Article;

c) Pedagogy students receiving financial support policies change their field of study during their course period, drop out of school, fail to complete the training programs or are disciplined in the form of expulsion.

2. Pedagogy students not required to reimburse funds for tuition support, living allowances, including:

a) Within 02 years of receipt of graduation recognition decisions, pedagogy students have to work in the education sector at least twice times greater than the period of academic program from the date on which they are officially recruited;

b) Graduated pedagogy students have served in the education sector for the period of time less than the one prescribed in point a of clause 2 of this Article and have been transferred to non-educational duties;

c) Graduated pedagogy students proceed to receive commissioning, ordering or procurement policies to take higher-level teacher training programs and continue to serve in the education sector for a period of time conforming to the seniority requirement set out in point a of clause 2 of this Article.

3. Pedagogy students who are temporarily absent from school, temporarily suspended from school shall not be entitled to support policies during the validity period of their absence or suspension.

4. If pedagogy students who cease to study due to their illness, accident, repeat study, grade repetition (not more than once) or for non-disciplinary or drop-out reason are allowed to continue to study by teacher training institutions according to regulations, they shall be continuously entitled to the support policies specified in this Decree for a period of time not exceeding the maximum time required for completion of a training program.

Article 7. Application requirements for tuition support and living allowances or stipends

1. Every year, based on the student intakes announced by the Ministry of Education and Training, teacher training institutions must inform candidates who have been admitted to teacher training disciplines in order for them to apply for support policies, based on their eligibility for commissioning, ordering or procurement policies or training programs tailor-made to social needs, provided that they fall within the student intakes notified by the Ministry of Education and Training.

2. Within 30 days of receipt of notices of admission, pedagogy students shall submit applications for entitlement to support policies and commitments to refunding tuition support and living allowances or stipends to teacher training institutions (Form No. 01 in the Appendix issued together with this Decree), directly or by post or online (if any).

Students only submit 01 set of documents for the first time to apply for support policies during the period of their study at teacher training institutions.

3. Teacher training institutions shall collect these applications and notify commissioning, ordering or procuring localities to reach agreement on support for pedagogy students who are eligible for commissioning, ordering or procurement policies.

4. Commissioning, ordering or procuring bodies shall develop criteria for selection of pedagogy students granted admission, cooperating with teacher training institutions to ensure fairness, public disclosure and transparency.

5. Within 15 days from submission deadlines, teacher training institutions must reach agreement with commissioning, ordering or procuring bodies to confirm and notify pedagogy students entitled to support policies if they are eligible to become beneficiaries of commissioning, ordering or procuring programs, and consider granting approval to pedagogy students entitled to support policies if they are eligible to become beneficiaries of support policies applied to those falling within the intakes announced by the Ministry of Education and Training, and do not fall within the intake of students selected by the ordering method.

6. The list of pedagogy students entitled to tuition support and living allowances or stipends shall be publicly posted on the web portals of teacher training institutions and concurrently sending it to commissioning, ordering or procuring bodies for further actions.

Article 8. Reimbursed costs and calculation of reimbursed costs

1. Reimbursed costs shall include funds for tuition support and living allowances or stipends that the state budget has granted to a student.

2. Pedagogy students subject to Points a and c of Clause 1 of Article 6 herein must fully reimburse the State budget's support funding.

3. Pedagogy students subject to Point b of Clause 1 of Article 6 herein must partially reimburse the State budget's support funding. Reimbursed costs shall be calculated according to the following formula:

S = (F / T1) x (T1 -T2)

Where:

- S denotes reimbursed cost;

- F denotes the amount of tuition support and living allowances or stipends funded by the state;

- T1 denotes the prescribed total time length of service in the education sector, which is the rounded number of months;

- T2 denotes total time length of service in the education sector, which is the rounded number of months.

Article 9. Recovery of reimbursed costs

1. Annually, based on training and learning results of pedagogy students, teacher training institutions shall notify the list of students who fall into the subjects specified at Point c of Clause 1 of Article 6 of this Decree to the provincial People's Committees of the recovery of support funds granted to pedagogical students and their families according to the provisions of Clause 2 of Article 8 of this Decree.

2. For pedagogy students required to reimburse the support funding according to the provisions of Points a and b of Clause 1 of Article 6 of this Decree, provincial People's Committees shall issue notices of recovery of the support funding based on which pedagogy students or their families fully pay the amount to be reimbursed according to the provisions of Article 8 of this Decree.

3. Within 30 days after receipt of the competent authority’s decisions, students themselves or their families must contact authorities in charge of recovery of reimbursed costs to complete reimbursement procedures.

The maximum time limit for payment of reimbursement obligations shall be 4 years starting from the date of receipt of the reimbursement notice.

In case students or their families defer paying their reimbursement obligations according to the prescribed time limit, they must bear the maximum interest rate applicable to demand deposits as prescribed by the State Bank of Vietnam with respect to deferred payment of reimbursements. In case the State Bank does not specify the maximum interest rate applicable to demand deposits, they must bear the interest rate applicable to demand deposits as prescribed by Vietnam Joint Stock Commercial Bank for Industry and Trade at the time of fulfillment of their reimbursement obligations.

4. Pedagogy students must reimburse costs according to the provisions of Clause 1 of Article 6 of this Decree. If they are beneficiaries of state policies or in difficult situation, based on specific and particular conditions of pedagogy students, provincial People’s Committees shall decide on the method of withdrawal of support funds, the policy of exemption, reduction or cancellation of the reimbursed costs owed.

5. Costs recovered from pedagogical students shall be remitted into the state budget according to the current budget management authorization and in accordance with the State Budget Law on management of amounts remitted to the state budget.

6. If pedagogy students or their families fail to fulfill their obligations to pay reimbursements to collecting authorities, these authorities shall have the right to file lawsuits to the Court in accordance with the law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Responsibilities of ministries and sectoral administrations

1. The Ministry of Education and Training:

a) Assume the prime responsibility for and collaborate with relevant ministries, sectoral administrations in enforcing regulations laid down herein;

b) Identify and announce intakes of students enrolled in teacher training disciplines for teacher training institutions;

c) Conduct the inspection and evaluation of the compliance of teacher training institutions with this Decree;

d) Order teacher training institutions to cooperate with provincial People's Committees, relevant ministries and sectoral administrations in implementing policies to support pedagogy students in an effective manner.

2. Relevant ministries and sectoral administrations: Within their assigned functions and tasks, cooperate with the Ministry of Education and Training in implementing the regulations laid down herein.

Article 11. Responsibilities of provincial People’s Committees

1. Every year, based on the teacher shortage or deficiency situation, determine training needs, budget commissioning, ordering or procurement arrangements with teacher training institutions, develop criteria for pedagogy student recruitment to ensure selected pedagogy students meet the teacher demands.

2. Publicize the needs for teacher training, the results of commissioning, ordering or procurement transactions with teacher training institutions, plans to hire, recruit and place teachers at educational institutions.

3. Pay expenses for implementing decisions on commissioning for teacher training services or contracting with teacher training institutions in accordance with regulations of Article 4 herein.

4. Direct, guide and organize the implementation of policies to support pedagogy students according to the provisions of this Decree at localities; inspect and supervise the implementation and report on the implementation on an annual basis to the Ministry of Education and Training and the Ministry of Finance.

5. Implement or decentralize the recruitment of graduated pedagogy students who are beneficiaries of commissioning, ordering or procurement policies, and offer them appropriate jobs corresponding to their training majors at educational institutions according to current regulations on recruitment, hiring and utilization of public employees.

6. Provide instructions about the procedures to monitor, facilitate and recover  reimbursement of the tuition support and living allowances or stipends with respect to cases in which reimbursement is required as prescribed in Clause 1 of Article 6 of this Decree and take action against cases in which reimbursement is not paid according to the provisions of law.

7. Prepare annual reports on the results of implementation of decisions on commissioning for teacher training services, contracting teacher training institutions to provide teacher training services, support funds, hiring or recruitment of teachers at localities for submission to the Ministry of Education and Training and the Ministry of Finance.

Article 12. Responsibilities of teacher training institutions

1. Based on the announced intakes, carry out the enrolment and training of teachers in accordance with regulations currently in force.

2. Fully implement pedagogy student's support and allowance policies in accordance with laws.

3. On an annual basis, notify authorities in charge of recovering reimbursed costs of academic results and graduation deadlines of pedagogy students, lists of violating students required to reimburse tuition support and living allowance costs as prescribed in Clause 1 Article 6 of this Decree.

4. Take responsibility for publicizing tuition rates for each academic year and expected tuitions for the entire course, training costs, graduation standards, learning results, select and train teachers according to the method of commissioning, ordering or procurement arrangement with localities having teacher training demands in accordance with regulations.

5. Carry out the settlement and finalization of training costs as per laws. 

6. Assure training quality and bear responsibility to superior authorities for the quality of training services that they are rendering.

7. Submit annual reports on training results and teacher training support funds to the Ministry of Education and Training and the Ministry of Finance.

Article 13. Responsibilities of trainees and their families

1. Comply with laws, rules and regulations of teacher training institutions; complete their agreed training programs.

After graduation, students must notify commissioning, ordering or procuring authorities of academic results to receive educational employment-related instructions or support in accordance with clause 2 of Article 2 herein.

2. After receipt of decisions on recognition of graduation, within the period from earlier than December 31 of the subsequent year to the end of the required duration of their service specified at Point a, Clause 2, Article 6, report on their employment status (Form No. 02 given in the Appendix hereto) to authorities in charge of recovery of reimbursed costs to notify the removal or withdrawal of support funds.

3. For pedagogy students subject to clause 1 of Article 6 herein or their families shall be responsible for paying the reimbursement of support costs to authorities in charge of recovery of reimbursed costs in accordance with Article 9 herein to the state budget.

Chapter IV

EFFECT

Article 14. Transitional provisions

Pedagogy students who have been admitted to academic programs from the 2020-2021 school year or earlier shall continue to comply with the provisions of Article 6 of the Government's Decree No. 86/2015/ND-CP dated October 2, 2015, setting out regulations on the mechanism for collection and management of tuitions for educational institutions of the national education system and policies on tuition exemption and reduction, and support for academic expenses from the 2015-2016 school year to the 2020-2021 school year - 2021 until their graduation.

Article 15. Entry into force and implementary responsibilities

1. This Decree shall take effect from November 15, 2020 and shall begin to apply in the 2021 - 2022 school year.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, and other entities concerned, shall be responsible for implementing this Decree./.