Chương II Nghị định 81/2021/NĐ-CP: Quy định về học phí

Chapter II

REGULATIONS ON TUITION

Article 8. Principles of determining tuition

1. For preschools and public formal education institutions.

Tuition shall be developed in a manner that is distributed between the government and the learners and satisfactory to socio-economic conditions of each residential areas, contribution capacity of the general public, growth rate of consumer price index, annual economic growth rate, and roadmap for calculating fees for services in education and training sectors as per the law while guaranteeing education quality.

2. For public vocational education institutions.

a) Public vocational education institutions that have guaranteed recurrent expenditure partially and public vocational education institutions that have recurrent expenditure guaranteed by the government (hereinafter referred to as “public vocational education institutions that have not guaranteed recurrent expenditure entirely”) shall determine tuition without exceeding the top limit under Point a Clause 1 and Point a Clause 2 Article 10 hereof;

b) Public vocational education institutions that have guaranteed recurrent expenditure entirely shall determine tuition for each major based on variables compared to the top limit applicable to vocational education institutions that have not guaranteed recurrent expenditure entirely according to Clause 2 Article 10 hereof;

c) Public vocational education institutions that have guaranteed recurrent expenditure and investment expenditure entirely and are allowed to determine tuition must make sure to cover costs and accumulate according to Law on Vocational Education and other relevant documents.

3. Tuition for public higher education institutions.

a) Public higher education institutions that have guaranteed recurrent expenditure partially and public higher education institutions that have recurrent expenditure guaranteed by the government (hereinafter referred to as “public higher education institutions that have not guaranteed recurrent expenditure entirely”) shall determine tuition without exceeding the top limit under Point a Clause 1 and Point a Clause 2 Article 11 hereof;

b) Public higher education institutions that have guaranteed recurrent expenditure and investment expenditure entirely and public higher education institutions that have guaranteed recurrent expenditure shall determine tuition for each major with variables compared to the top limit applicable to public higher education institutions that have not guaranteed recurrent expenditure entirely under Clause 2 Article 11 hereof;

c) For training programs of public higher education institutions that satisfy quality control standards of Ministry of Education and Training or quality control standards of foreign countries or equivalent, higher education institutions are allowed to determine tuition of the training programs on the basis of economic and technical norms issued by the higher education institutions while publicizing and presenting to learners and the general public.

4. For private education institutions

a) Private education institutions are allowed to develop tuition and fees for other services in education and training sectors (except for services whose fees are regulated by the Government) in a manner that can cover costs and accumulate reasonably while publicizing and presenting tuition and fees for services that they have decided to the learners and the general public;

b) Private education institutions are responsible for providing explanation for average education and training costs for a student, annual tuition, tuition for the entire education level in case of preschools, formal education, and tuition for the entire course in case of higher education institutions; providing explanation for roadmap and rate of increasing tuition in subsequent years (annual rate of increasing tuition must not exceed 15% for higher education; 10% for preschool education and formal education), publicizing as per the law, and presenting to the learners and the general public;

c) Students eligible for tuition exemption, reduction, or financing in private education institutions shall be covered by the government in terms of tuition with maximum covered amount equal to tuition applicable to students in local public education institutions that have not guaranteed recurrent expenditure entirely;

d) People's Committees of provinces shall rely on socio-economic development conditions of local administrative divisions, requirements of primary education program, number of students in primary education level, and number of students/class in primary education level as per the law to develop criteria for identifying local administrative divisions without sufficient number of public education institutions, present to People's Councils of provinces for approval and decision on financing for tuition of primary students in private schools in areas without sufficient number of public schools in each school year; expenditure on tuition financing shall be granted by state budget according to Law on State Budget and guiding documents.

Article 9. Tuition for preschools and formal education institutions

1. Tuition range for school year of 2021 - 2022

Based on local conditions, People's Council of provinces shall decide on tuition range or specific tuition without exceeding the top limit or value issued by People's Council of provinces for the school year of 2020 – 2021 applicable to each education level and area under their management.

2. Tuition range for school year of 2022 - 2023

a) Tuition range (bottom limit – top limit) for preschools and public education institutions that have not guaranteed recurrent expenditure entirely:

Unit: VND thousand/student/month

People's Council of provinces shall rely on regulations above to decide on tuition range or specific tuition value for preschools and public education institutions under their management and decide on classification of local areas to allow adoption of tuition.

Tuition range for public primary education institutions under this Point shall serve as the basis for People's Council of provinces to decide on tuition financing for students in private primary education institutions in areas without sufficient number of public primary education institutions and students in private primary education institutions eligible for tuition reduction or exemption as per the law.

b) The top limit of tuition range applicable to preschools and public formal education institutions that have guaranteed recurrent expenditure entirely: Up to 2 times the top limit under Point a of this Clause;

b) The top limit of tuition range applicable to preschools and public formal education institutions that have guaranteed recurrent expenditure and investment expenditure entirely: Up to 2.5 times the top limit under Point a of this Clause;

c) Preschools and public formal education institutions that have guaranteed recurrent expenditure entirely or recurrent expenditure and investment expenditure entirely in a manner satisfactory to quality control standards of Ministry of Education and Training are allowed to determine tuition on the basis of economic, technical, and cost norms publicized by the education institutions and must submit to People’s Committees of provinces for presentation to People's Councils of provinces for consideration and approval of tuition.

3. Tuition range from the school year of 2023 – 2024 onwards

a) From the school year of 2023 – 2024 onwards, tuition range shall be revised according to socio-economic conditions of local administrative divisions, growth rate of consumer price index, annual economic growth rate, and creditworthiness\ of the general public without exceeding 7.5%/year;

b) Based on tuition range under Point a of this Clause, People’s Committees of provinces shall request People's Councils of provinces to decide on specific tuition without exceeding the top limit.

4. In areas with high potential of private sector involvement, based on education development policies of the Government and local conditions, People’s Committees of provinces shall request People's Councils of provinces to consider and decide on tuition range or tuition value applicable to public preschools and formal education institutions (including preschools and formal education institutions established by universities, colleges, or research institutes) on the basis of economic, technical, and cost norms issued by competent authority in a manner that guarantees correspondence between tuition and education quality while implementing mandatory education objectives according to Law on Education and guiding documents.

5. In case of online learning, People’s Committees of provinces shall request People's Councils of provinces shall regulate specific tuition for public education institutions under their management on the basis of reasonable realistic costs without exceeding the publicized tuition of education institutions.

6. Continuous education facilities and other training facilities providing formal education programs may apply tuition equal to tuition of public formal education institutions providing the same education level in the same administrative division. For other forms of continuous education, People’s Committees of provinces shall request People's Councils of provinces to regulate specific tuition for each form of training based on specific conditions of each administrative division.

Article 10. Tuition for vocational education

1. Top tuition limit of school year of 2021 - 2022;

Top tuition limit of school year of 2021 – 2022 for training majors of public vocational education institutions shall equal top tuition limit of public vocational education institutions regulated by the Government for school year of 2020 - 2021, to be specific:

a) Top tuition limit for training programs in college level and intermediate level in public vocational education institutions that have not guaranteed recurrent expenditure and investment expenditure entirely is as follows:

Unit: VND thousand/student/month

b) Top tuition limit for training programs in college level and intermediate level in public vocational education institutions that have guaranteed recurrent expenditure and investment expenditure entirely is as follows:

Unit: VND thousand/student/month

2. Top tuition limit from school year of 2022 - 2023 to school year of 2025 - 2026 is as follows:

a) For public vocational education institutions that have not guaranteed recurrent expenditure entirely:

Based on list of level IV training majors in college level and intermediate level issued by Minister of Labor – War Invalids and Social Affairs, top tuition limit is determined based on economic and technical norms and calculated according to roadmap until school year of 2025 – 2026. Top tuition limit is as follows:

Unit: VND thousand/student/month

b) For public vocational education institutions that have guaranteed recurrent expenditure entirely: Maximum tuition fee does not exceed 2 times the tuition fee under Point a Clause 2 of this Article;

c) For public vocational education institutions that have guaranteed recurrent expenditure and investment expenditure entirely: May develop and decide on tuition according to Law on Vocational Education and other relevant documents;

d) For high quality training programs (including programs transferred from overseas in case of vocational education), vocational education institutions shall decide on tuition of these programs on the basis of economic and technical norms in a manner that can cover training costs and accumulate, and publicize prior to enrolment;

dd) For training programs satisfactory to quality control standards in public vocational education institutions that have guaranteed recurrent expenditure entirely, vocational education institutions that have guaranteed recurrent expenditure partially, and vocational education institutions that have recurrent expenditure guaranteed by the government, top tuition limit shall not exceed 2.5 times the tuition under Point a Clause 2 of this Article.

3. Tuition for part-time training and distant education is determined on the basis of reasonable costs without exceeding 150% of tuition of respective formal education program.

4. For tuition of training majors available in form of online learning, vocational education institutions shall determine on the basis of reasonable costs without exceeding tuition of majors available in form of face-to-face learning.

5. Tuition for preliminary training level, continuous training level, skill training, and other short-term training programs shall be developed, regulated by vocational education institutions according to agreement between learners and vocational education institutions, public, transparent, and presented to the learners and the general public.

6. Tuition for vocational education shall be calculated by modules or credits:

a) Tuition of a credit or module is determined based on total tuition of the entire course by training major and total number of credits or module of the entire course using the following formula:

Total tuition of a course = tuition for 1 student/month x 10 months x number of school years, make sure that maximum total tuition by credit of training program equals total year-based tuition.

b) In case of studying for longer than the intended period of a training program, credit-based tuition applied from the point of exceeding the intended period shall be determined again based on actual studying period in a manner that covers the costs and must be transparent to the learners;

c) In case of pursuing graduate degree, only tuition for credits and modules actually taken is required.

7. Tuition for public vocational education institutions: Based on top tuition limit above for each school year, specific characteristics, training major development demands, training form, and practical conditions, heads of public vocational education institutions shall regulate specific tuition for training majors under their management and publicize for the entire course.

8. For vocational education institutions under direct management of business entities or state enterprises: Heads of vocational education institutions shall regulate tuition for each school year and each training major without exceeding the top tuition limit under Point b Clause 1 and Point c Clause 2 of this Article.

State budget shall incur tuition for leaners who are eligible for tuition exemption or reduction and studying in vocational education institutions under direct management of business entities or state enterprise with the incurred amount equal to the top tuition limit applicable to respective training major in public vocational education institutions that have not guaranteed recurrent expenditure entirely under Point a Clause 1 and Point a Clause 2 of this Article.

9. Public vocational education institutions may regulate tuition for cases of repeating classes. The maximum tuition for repeating classes must not exceed the top limit under this Decree. In case of organizing separate studying at request learners, tuition shall be agreed upon by the learners and vocational education institutions on the basis of guarantee sufficient tuition for covering costs.

10. Foreign students participating in training courses in vocational education institutions shall submit tuition regulated by the vocational education institutions or conventions, agreements on cooperation with foreign parties.

Article 11. Tuition for higher education

1. Top tuition limit of school year of 2021 - 2022;

Top tuition limit of school year of 2021 - 2022 for training majors of public higher education institutions shall equal top tuition limit of public higher education institutions regulated by the Government for school year of 2020 - 2021, to be specific:

a) Top tuition limit for majors in higher education level in public higher education institutions that have not guaranteed recurrent expenditure and investment expenditure entirely is as follows:

Unit: VND thousand/student/month

b) Top tuition limit for majors in higher education level in public higher education institutions that have guaranteed recurrent expenditure and investment expenditure entirely is as follows:

Unit: VND thousand/student/month

2. Top tuition limit from school year of 2022 - 2023 to school year of 2025 - 2026 is as follows:

a) Top tuition limit for public higher education institutions that have not guaranteed recurrent expenditure entirely is as follows:

Unit: VND thousand/student/month

b) Public higher education institutions that have guaranteed recurrent expenditure entirely: Tuition shall equal up to 2 times the top value under Point a of this Clause for each respective major and each school year;

c) Public higher education institutions that have guaranteed recurrent expenditure and investment expenditure entirely: Tuition shall equal up to 2.5 times the top value under Point a of this Clause for each respective major and each school year;

d) For training programs of public higher education institutions that satisfy quality control standards of Ministry of Education and Training or quality control standards of foreign countries or equivalent, higher education institutions are allowed to determine tuition of the training programs on the basis of economic and technical norms issued by the higher education institutions while publicizing and presenting to learners and the general public.

3. Top tuition limit for training for master degree and training doctor degree of public higher education institutions shall equal top limit of higher education tuition under Clause 1 and Clause 2 of this Article multiplied by 1.5 for training for master degree and 2.5 for training for doctor degree in each respective major of each school year depending on each level of autonomy.

4. Tuition for part-time training and distant education is determined on the basis of reasonable costs without exceeding 150% of tuition of respective formal education program.

5. In case of online learning, higher education institutions shall determine tuition on the basis of reasonable costs without exceeding tuition of higher education institutions providing respective majors with respective level of autonomy.

6. Tuition for continuous education programs and short-term training service for certification in specific majors of each education institution as per the law shall be calculated by education institutions and collected under agreement between the learners and the education institutions while being public and transparent to the learners and the general public.

7. Tuition for other short-term training programs shall be agreed upon by education institutions and the learners.

8. Tuition for higher education shall be calculated by credits and modules:

a) Tuition of a credit or module is determined based on total tuition of the entire course by training major and total number of credits or module of the entire course using the following formula:

Total tuition of a course = tuition for 1 student/month x 10 months x number of school years, make sure that maximum total tuition by credit of training program equals total year-based tuition.

b) In case of studying for longer than the intended period of a training program, credit-based tuition applied from the point of exceeding the intended period shall be determined again based on actual studying period in a manner that covers the costs and must be transparent to the learners;

c) In case of training for the second university degree, learners shall pay tuition according to actual number of credits in training program.

9. Tuition for public higher education institutions: Based on top tuition limit in this Article for each school year, characteristics of institutions, training major development requirements, form of training, and practical conditions, Directors of National Universities, regional universities, heads of public higher education institutions shall regulate specific tuition for entities and training programs under their management.

10. For higher education institutions under direct management of business entities or state enterprises: Heads of higher education institutions shall regulate tuition for each school year and each training major without exceeding the top tuition limit under Point b Clause 1 and Point c Clause 2 of this Article.

State budget shall incur tuition for leaners who are eligible for tuition exemption or reduction and studying in higher education institutions under direct management of business entities or state enterprise with the incurred amount equal to the top tuition limit applicable to respective training major in public vocational education institutions that have not guaranteed recurrent expenditure entirely under Point a Clause 1 and Point a Clause 2 of this Article.

11. Public higher education institutions may regulate tuition for cases of repeating classes. The maximum tuition for repeating classes must not exceed the top limit under this Decree depending on form of institutions. In case of organizing separate studying at request learners, tuition shall be agreed upon by the learners and public higher education institutions on the basis of guarantee sufficient tuition for covering costs.

12. University students, students of higher education level, and researchers who are foreigners and studying in public higher education institutions shall submit tuition as regulated by higher education institutions or according to conventions, agreements with foreign parties.

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