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Parliament Act No. 12 Of 22 November 2011 On Training

Original Language Title: Inatsisartutlov nr. 12 af 22. november 2011 om uddannelsesstøtte

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Parliament Act no. 12 of 22 November 2011 on training

Modified repeals, hovedlov replaces information

Aside
Landsting Regulation no. 5 of 14 November 2004 on the training
Parliament Act no. 11 of 14 November 2004 amending Rule Act grant for running education debt (Abandonment of the Appeal Board for Education)
Parliament Act no. 24 of 3 november 1994 on grants for settlement of education debt

Modified by
Parliament Act no. 16 of 6 June 2016 amending the Parliament Act on Educational
(Introduction of the accrual of interest in training and modification and clarification of the rules on reimbursement for settlement of student loans)

Hovedlov to
Self-Government Order no. 5 of 27 March 2015 on training
Self-Government Order no. 21 of 13 December 2012 on training
Home Rule Executive Order no. 8 of 27 March 2008 on training
home Rule Executive Order no. 10 of 13 March 1990 on the reorganization of education debt


Chapter 1

The scope


§ 1. The Parliament Act applies to training aid granted by the Government of Greenland as a means to implement education.


Chapter 2

Conditions to receive training



Personal training conditions


§ 2. StudentPotential may, upon application training if they
1) are Danish citizens or if they are under international agreements take effect for Greenland, equivalent to Danish nationals in relation to the right to study and
2) admitted to and study active students who qualify for training, see. §§ 7 and 8
Subsection. 2. Programme applicants must be eligible to receive grants, grant Naalakkersuisut all information relevant to the granting of training aid in the form of, for example number, previously completed education, receiving other public aid, examination and test scores, provident or contributions for children under 18 years, citizenship, inclusion in education, provision of learning place, change of study, family status, health information and must immediately notify Naalakkersuisut subsequent change in these conditions.
Subsection. 3. Under education, renewable receive other public assistance intended to cover the cost of living, are not eligible to receive the scholarship. The same applies to students who during training receives uddannelsesløn or other training fees which are designed to cover living expenses.
Subsection. 4. To the initial formation outside Greenland comes to training if the student in connection with the admission has acquired school training, a paid training location or a written undertaking a paid learning place after finishing basic. These requirements do not apply to vocational education in Denmark, subject to the education guarantee.
Subsection. 5. The Greenland Government may lay down regulations that in particular conditions, dispensed from the requirements of § 2. 1-2.

§ 3. Programme applicants must be resident in Greenland in order to be eligible for training to education in Greenland.
Subsection. 2. The Government may waive the residence requirement, see. Paragraph. 1 when it can be demonstrated that the student actually resident in Greenland despite formal resident outside Greenland.

§ 4. Programme applicants must be eligible for grants for educational programs outside Greenland having
1) permanent residence in Greenland at the time of application and have had it for at least 5 consecutive years immediately beforehand or
2) garden had permanent residency in Greenland for at least 10 years. The student must also have at most been resident outside Greenland for a total of three years after the age of 18 years of life.
PCS. 2. As resident outside Greenland after turning 18 years of life, see. Paragraph. 1 pt. 2, 2nd sentence. considered not stay exclusively due to the trainee
1) education, or
2) forsorgsforhold where Greenland authorities, participated in the stay.
Subsection. 3. The Government may waive the requirement for permanent residence in Greenland in paragraph. 1 when exceptional circumstances so warrant, including the Non-resident Greenland due to special family circumstances conjunction with how close the student is to meet the requirements of paragraphs. 1.

§ 5

. The Government may, after prior consultation with the trainee organizations establish additional rules on personal conditions for receiving the grants, including for example. concerning study activity, admission to the program and passing the language test.



Støtteberettigende education


§ 6. Training provided to students undergoing a university preparatory education, vocational training or tertiary education, if the education is støtteberettigende, see. §§ 7-8.

§ 7. An education in Greenland is støtteberettigende when the Government has approved the program, cf.. Paragraphs. 2 and 3.
paragraph. 2. Approval, see. Paragraph. 1 requires that the training
1) is at least 3 months duration,
2) can expect to provide employment in Greenland subject. However, § 6 of university preparatory education and
3) takes place at an educational establishment created and operated by the Government of Greenland or an institution that can demonstrate a satisfactory quality in terms of technical content, management, teachers and physical environment according to the quality requirements for educational institutions established and operated by the Government of Greenland.
Subsection. 3. The Government shall act in accordance with paragraph. 1 from education policy, social and economic considerations, and in this connection obtain an assessment of the quality of education from an institution that is publicly recognized in relation to assessing the quality of education.
Subsection. 4. The Government shall publish the education in Greenland approved as støtteberettigende.

§ 8. Enuddannelse in Denmark is støtteberettigende if the program is approved by the Ministry of Education in Denmark as støtteberettigende. This does not apply if the Government has decided that the program has not been støtteberettigende.
Subsection. 2. The Government may determine that provided only partial training in connection with the eligibility of the Ministry of Education approved programs.
Subsection. 3. The Government may also approve an education outside of Greenland, including Denmark, which støtteberettigende if training
1) is at least 3 months duration,
2) is organized as full-time schooling
3) may expect to provide employment in Greenland subject. however, § 6 of university preparatory education, and
4) takes place in a public school recognized or have a satisfactory quality in terms of technical content, management, teachers and physical environment according to the quality requirements applicable to public educational institutions.
Subsection. 4. The Government shall act in accordance with paragraph. 1-3 from education policy, social and economic considerations, and in this connection obtain an assessment of the quality of education from an institution that is publicly recognized in relation to assessing the quality of education. The decision can be special regard for whether students can be recorded in a similar støtteberettigende education.
Subsection. 5. The Government shall publish
1) the Ministry of Education approved courses as støtteberettigende, but the Minister is not approved as støtteberettigende education
2) the Ministry of Education approved as støtteberettigende education provided only partial training to see. Paragraph . 2
3) the Minister also accredited programs outside of Greenland, including in Denmark, cf. Paragraphs. 3.

§ 9. Approval of education as støtteberettigende under §§ 7 and 8 is for a fixed term of four years.
Subsection. 2. Approval of education, set up and operated by the Government of Greenland and training outside Greenland is done without application from the educational institution. Approval of other programs in Greenland takes place on application, to be submitted to the Government of Greenland within 7 months before the start of training.
Subsection. 3. If an educational establishment after application has an approved training that this approval is extended, the educational institution within 7 months before the end of the period for which the authorization is granted, a request for extension of approval.
Subsection. 4. The Government may attach conditions to the approval, including in the form of transmission of information, management training and the establishment of special training conditions such as partial provision of training for the implementation of that program.

§ 10. Engodkendelse to a støtteberettigende training can be revoked if

1) The Government does not consider that the conditions for approval or conditions associated with the program continue to be met, including in relation to the requirements of § 7, paragraph. 2 and 3 and § 8 paragraph. 3 and paragraph. 4
2) The Government estimates that there no longer is education policy, labor market or economic background to maintain approval, or
3) educational institution no longer meets the requirements for education about managing the training.
Subsection. 2. The Government can use for decision on withdrawal of approval under paragraph. 1, obtain an assessment of the quality of education from an institution that is publicly recognized in relation to assessing the quality of education.



Special support conditions


§ 11. The Government may impose conditions on the user charge of training, special characters, professional and business assumptions or passing the language test, and set quotas for the number of students with grants from the Government of Greenland on certain programs, including priority among applicants who otherwise meet the eligibility conditions.
Subsection. 2. The Government shall publish the conditions, the special conditions of quotas and prioritization criteria.

§ 12. The Greenland Government may decide to provide training to the trainee's participation in education, there is støtteberettigende if
1) Greenland has demand for labor with the education
2) the student can not be recorded on a similar støtteberettigende education and
3) program to be designed and implemented as a full-time study.
Subsection. 2. The Greenland Government may allow exemptions to paragraph. 1 pt. 1 when the student is performing in the arts, music and other cultural activities, and from paragraph. 1, no. 3, if the trainee's health so warrant.



Grants for employers


§ 13.
Training may be provided to employers to subsidize the salaries which employers when hiring
1) apprentices in initial vocational education under the Parliament Act on vocational training and courses in vocational training and
2) apprentices undergoing internship in Greenland and schooling in Denmark.


Chapter 3

Forms and aid


§ 14. Training aid can take the form of scholarship, child allowance, særydelse, wage subsidies for employers and student loans. On higher education provided the training within a limited time after a voucher model.
Subsection. 2. Special benefits may consist of free travel, payment of accommodation expenses, expenses for accommodation expenses cover the cost of transport, freight, tuition fees, medical costs, bogudgifter, participant costs associated with Greenlandic education, subsidies for buses and trains, needed extra teaching and studying and outside Greenland.
Subsection. 3. After prior consultation between the Government of Greenland and the trainee's organizations determined stipendium- and loan rates, transitional arrangements and possible rates of special benefits on Finance.
Subsection. 4. The Government shall, after consultation with the Greenlandic trainee organizations rules on training aid purposes, nature and scope of transitional rules on the types of training provided in proportion to the individual programs and additional criteria for the award of grants.
Subsection. 5. The Government may, after consultation with the Greenlandic trainee organizations set rules on voucher model.

§ 15
. The size of the grant to employers in accordance. § 13 prescribed in the Finance.
Subsection. 2. The Government may lay down rules about the purpose of the administration of, conditions for and the extent and payment of the grant.


Chapter 4

Interest on student loans


§ 16. When the student no longer legally receive grants from the Government of Greenland or the Ministry of Education, enters the return with effect from the day after training support ends of the then-outstanding debt on the borrower's student loans with an annual effective interest rate that corresponds to it any current official discount rate plus 1 percent. The addition of interest happens every year on 31 December or at the time of redemption.
Subsection. 2. The Government may waive the occurrence of return, see. Paragraph. 1, where special circumstances warrant.


§ 17 Vedmidlertidig interruption of the training due to lack of internship, leave, including maternity leave and documented illness occurs not return according to § 16 paragraph. 1.
Subsection. 2. If the temporary interruption of the training, see. Paragraph. 1, more than 1 year bear interest at any time outstanding debt on his student loans under the provision of § 16 paragraph. 1, with effect from the time the interruption lasted 1 year.

§ 18. If the student after interrupted or completed training resume training or start a new støtteberettigende training and again rightfully receive grants from the Government of Greenland or the Ministry of Education, made the return of the then-outstanding debt on his student suspended with effect the date of resumption or commencement of the education provided training on the basis of.
Subsection. 2. With effect from the day following the date of the program interruption or termination resumed the business of the then-outstanding debt on his student loan on the in § 16 paragraph. 1, specified manner.
Subsection. 3. The Government may grant exemptions from. 2, when special circumstances, including the circumstances mentioned in § 17 paragraph. 1 warrant.

§ 19. The Government may, by special circumstances, by written notice to the borrower inform
1) total or partial waiver of interest is accrued or
2) total or partial waiver of interest previously accrued.


Chapter 5

Repayment of student loans


§ 20. Repayment of student loans must be started within one year after completion of training. By interruption of studies, recovery shall commence no later than 3 months after the interruption.
Subsection. 2. Temporary interruption of studies due to lack of internship, leave, including maternity leave and documented illness is not considered interruption after paragraph. 1.
Subsection. 3. If the temporary interruption lasts more than one year, the repayment of the loan starts after notice from the Greenland Government.
Subsection. 4. If the student begins a new støtteberettigende education or resumes interrupted education and qualify to receive training from Greenland or from the Ministry of Education, calm made the repayment obligation of previously recorded student loans. At the end of the training or interruption resumes repayment obligation in accordance with paragraph. 1.

§ 21. Student loans and accrued interest must be settled within 15 years from the time of tilbagebetalingspligtens entry. The settlement must be done with at least kr. 500 per month.
Subsection. 2. If repayment obligation is suspended pursuant to § 20 paragraph. 4, extended in paragraph. 1 above maximum settlement with the period of repayment obligation has been suspended.
Subsection. 3. The student is required within tilbagebetalingspligtens entry to agree with Naalakkersuisut about student loan settlement.
Subsection. 4. If the student does not, despite the request of the Government of Greenland timely agreement on the settlement of recorded student sets Naalakkersuisut in accordance with paragraph. 1 this framework it to the students lenient settlement scheme.
Subsection. 5. The Government may, on application, provide easier terms for repayment or deferment of repayment if the student because of unemployment, illness, birth or other exceptional circumstances can not observe the drawback system. The maximum settlement of 15 years, see. Paragraph. 1, can not be waived.

§ 22. If the student does not comply with any agreement or imposed settlement system shall Naalakkersuisut on demand terminate debt including accrued interest for immediate payment in full.


Chapter 6

Refund and return of wrongly received training


§ 23. Reporting a student of inaccurate or incomplete information in § 2. 2 has arisen or fail to notify changes therein or otherwise receive training in bad faith must Naalakkersuisut recover unduly received training repaid with interest.
Subsection. 2. The Government may require payment of maintenance grants repaid if training aid improperly received, not used for the approved purpose or if the student in connection with an interruption of studies not written notice Naalakkersuisut the reasons for the interruption.

Subsection. 3. The Government may require payment of maintenance grants repaid if the trainee placements has been of such duration that the program has not really begun and the interruption is not reasonably justified.

§ 24. Education that the student has received on the basis of incorrect or incomplete information, interest from the time of receipt.
Subsection. 2. Education that the student also received in bad faith, interest from the time the receiver is assumed to be familiar with the aid improperly received.
Subsection. 3. Return on training which have been wrongly referred. Paragraphs. 1 and 2, occurs with an annual effective interest rate equal to the then fixed discount rate with an increase of 6 percent. Interest shall be payable by the then-outstanding debt. The addition of interest happens every year on 31 December or at the time of redemption.

§ 25. Education that the student wrongfully received in good faith and that the student can not repay promptly, the Minister converted to student loans.
Subsection. 2. Return and refund of training which is converted to student loans made under the rules on interest and repayment of student loans, see. §§ 16-22.


Chapter 7

Retention and offsetting the training


§ 26 Premier may withhold the training
1) payment for board and lodging in dormitories and other accommodations that are owned or operated by the Government of Greenland or the local councils,
2) payment for board and lodging at colleges and other accommodations that of Greenland or the local councils pay for and
3) contingent to the trainee's organizations.
Subsection. 2. Retention for room and board, see. Paragraph. 1 pt. 1 and 2 can only be made for the period of board and lodging with the agreement made available to the students.
Subsection. 3. The trainee organizations referred. Paragraphs. 1, no. 3, shall forthwith give written notice to the Government of Greenland as a student notice of withdrawal from the organization.

§ 27. The trainee's requirements to training can not be subject to enforcement proceedings.
Subsection. 2. The Government has only obliged to comply with voluntary agreements with third parties for retention in the training if the amount deducted does not exceed kr. 500 per month.

§ 28. The Greenland Government may in the trainee's requirements to training set off overpaid for training which the student has received in bad faith. The maximum offset kr. 500 per month.
Subsection. 2. The Government may lay down rules on the reduction of scholarship by failure or delay in attendance to set tuition or agreed internships, unless it is done in agreement with the educational institution.


Chapter 8

Help for settlement of student


§ 29. Government of Greenland provide based application by subsidies for repayment of student loans to persons who are resident in Greenland, where the course is completed or terminated unless your loan is due to improperly received training.
Subsection. 2. Grants for the repayment of student loans may, if exceptional circumstances so warrant, granted to persons residing outside Greenland.

§ 30. It is a condition for receiving the grants that
1) the total deposit in the previous calendar year, hereinafter referred to as deposit year account for at least kr. 6000,
2) the payment exceeds the interest accrued in deposit year
3) grant application is received by the Greenland Government before september 1 of the year following the payment year and
4) the student can document that they have been resident in Greenland for at least 3 months immediately preceding the filing of the application to the Government of Greenland.

§ 31. Grant is the amount by which the applicant has paid the deposit year.
Subsection. 2. The grant is independent of whether the deposit amount is repayment of debt or interest.
Subsection. 3. The allowance may not exceed the total debt outstanding. 1 December of the grant year.
Subsection. 4. The subsidy paid per. Dec. 1 year after payment year.


§ 32. If a borrower resident in Greenland after completion or interrupted education special difficulties, the Greenland Government may, on application within the allocated in the budget amount forgive student loans completely or partially. The borrower is considered particularly difficult position if the borrower's earning capacity is significantly impaired or renounced, or in the case of the borrower's protracted illness and the borrower also has no fortune.
Subsection. 2. Student remitted always at the borrower's death or total disability, if the ability to pay has fallen.
Subsection. 3. The Government may lay down detailed rules for cancellation of student loans in accordance with paragraphs. 1 and 2.

§ 33. In connection with the application for help to the settlement of student Greenland Government may require the borrower information Naalakkersuisut deems necessary for the calculation of receiving grants for settlement of student loans and the assessment of the need for full or partial forgiveness of student loans. The necessary data can consist of. documentation for payments, one of the IRS certified annual statement, proof of residence, personal identification, information about assets and receiving other public aid, provident or pension contributions to children under 18, the opinion of social services and information concerning the applicant's health.
Subsection. 2. Should a candidate incorrect or incomplete information, may grant or concessional obtained wrongly repaid with interest calculated in accordance with § 24 Paragraph
. 3. The Government may establish rules on the application procedure, including in paragraph. 1 data mentioned in connection with the application for help to the settlement of student loans.




Chapter 9

Administration and complaint


§ 34. The rules omuddannelsesstøtte administered Minister referred. However paragraph. 2 and 3.
paragraph. 2. The Government can partially or completely leave the administration of training rules to other authorities and institutions in Greenland and to the local council.
Subsection. 3. The Government may by written agreement to entrust the administration of training rules to a private company.
Subsection. 4. Decisions on the allocation of training taken in paragraph. 2 and 3, authorities, institutions and private companies may, within 6 weeks from the date of the decision in writing appealed to the Government of Greenland. The Government may grant exemptions from the deadline for appeals when under special circumstances, including if
1) the complaint delay due to weather conditions or other circumstances that have delayed the entry hallway, or
2) the student has been ill for a long time in the period until the appeal period.
Subsection. 5. The Greenland Government may lay down rules on the administration of the training rules and appeal, including the formal requirements and deadlines for submission of applications for training and the electronic communication between the student and the Greenland Government.
Subsection. 6. That grant is paid to the trainee's account with a bank in Greenland or Denmark.

§ 35. The in § 34 paragraph. 1-3 said authorities, institutions and private companies can
1) obtain from public authorities information about the students who are essential to the administration of the rules on the training
2) to each other disclose information about the student, which is essential for the administration of the rules on training aid and make such information available to each other,
3) for training administrations in the Nordic countries disclose information on the allocation of grants from the Government of Greenland to citizens of Greenland or the Nordic countries is required to verify that they are not for the same period of unlawfully received training from both Greenland and from a Nordic country, and
4) to public authorities and private companies in Greenland disclose the names and addresses of the students to use for recruitment of the students to work in Greenland after graduation and for the establishment of internships and study work during training. This can only happen with the agreement of the student.
Subsection. 2. The Government may lay down rules on the right to obtain and disclose information under paragraph. 1, including the information may be required gathered or transmitted electronically.

§ 36. The Greenland Government may in connection with sending reminders for the payment of any services charge a reminder fee of kr. 200.

Subsection. 2. Naalakkersuisut maximum charge 3 reminder fees for an overdue performance.


Chapter 10

Commencement, transitional and repealing provisions


§ 37. The Greenland Parliament Act comes into force on 1 January 2012 and to repeal county Regulation no. 5 of 14 November 2004 concerning training and Rule Act no. 24 of 3 November 1994 on grants for settlement of education debt.
Subsection. 2. Rules laid down under the county Regulation no. 5 of 14 November 2004 concerning training and Rule Act no. 24 of 3 November 1994 on grants for settlement of education debt remains in effect, to the extent they do not conflict with provisions of the Parliament Act until they are replaced or repealed by regulations laid down in this or other Inatsisartutlove.
Subsection. 3. The provisions of Rule Act no. 24 of 3 November 1994 shall continue to apply to education debt due to loans entered into before 1 January 2012.

§ 38. The Heads of State and country case-funded student loans, granted before January 1, 2012, bear interest in accordance with the thereon previous rules.
Subsection. 2. Education, improperly received before 1 January 2012 are remunerated according to the relevant rules applicable to date. Then interest wrongly received training in accordance with § 24 and § 25
Subsection. 3. § 21 paragraph. 1 and 5, shall not apply to student loans, for which 1 January 2012 has already been fixed or agreed settlement.





Government of Greenland, 22 November 2011.




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