Chương I Nghị định 116/2020/NĐ-CP: Những quy định chung

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.