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.
Tìm kiếm
Nghị định 116/2020/NĐ-CP (Bản Word)
Nghị định 116/2020/NĐ-CP (Bản Pdf)