LAW January 21, 2004 # 5
REPUBLIC OF SAN MARINO
LAW ON RIGHT TO STUDY
We the Captains Regent of the Most Serene Republic of San Marino
Promulgate and publish the following law passed by the Council Great and General
its meeting on 21 January 2004.
TITLE I
Art.1 (Purposes and interventions)
In accordance with the principles laid down by the "Declaration of citizens' rights and fundamental principles
order San Marino", in ottemp ance articles 1 and 2 of the law
12 February 1998 21 and in order to help ensure the youth of the Republic the exercise of
right to study and to allow each to achieve the highest levels of education and
training and adequate preparation to enter the labor world, the state provides the following interventions
:
a. educational grant;
B. educational grant by merit;
C. contribution books;
D. loan on trust;
E. scholarships;
F. facilities for transportation.
The Republic also promotes the creation of moments of alternation between study and work and
participation of young people to the performance of public utility services.
The economic benefits awarded under the present law, for tax purposes, are exempt from any form of taxation
and do not form part of the taxable income of the beneficiaries.
Art. 2
(Target)
The interventions covered by this law are addressed to citizens and residents who are both
by birth who is actually resident in the Republic of San Marino and who attend:
a. undergraduate courses, postgraduate courses and higher education in art classes, music and
dance education;
B. the upper secondary education courses and the courses of the second cycle of educational
education and training system;
C. courses of professional training and education courses and technical training top
;
D. future courses to graduation or degree, lasting at least two years
, aiming at obtaining the diploma of specialization, the doctoral or master's degree
search.
The frequency of the courses referred to in subparagraphs a), b) and d) above entitles you to make use of
interventions of this Act if the education qualifications are recognized as valid according to the practice, the
agreements, treaties and conventions between the Republic of San Marino and the other States or to act unilaterally
of the Republic of San Marino.
The frequency of the courses referred to in subparagraph c) of paragraph 1 entitles you to make use of interventions of this
law if the course is attended at least two years and is managed or recognized by public body
.
They can not make use of the provisions in this law those who have completed the
35 years of age, those who are employed in a stable and continuous work for more than six months a year and
individuals who have already benefited to the same degree courses and duration.
Art. 3
(income requirements)
For the purposes of this Act, the income requirements are evaluated according to the provisions of this Article
.
The annual household income per capita is calculated by dividing the sum of the income received by all members of the household
in fiscal pr assignor for the number of members it
same household.
For the nuclei in which there are more students studying courses which art. 2, for the purposes of this Article
, the number of the same core components is increased by one unit figuratively.
The income is calculated based on the tax base, increased income products
abroad, net of killing and certain deductible liabilities in accordance with Law 13 October 1984
n. 91 and subsequent amendments and additions. They are excluded from the calculation emoluments
and arrears on previous years.
The income received by children may be excluded from the calculation referred to in the preceding paragraph, provided that the
income holders are also excluded from the number of members of the same household.
The taxable income, the competitor dl household income formation, from assets autonomous
, whose gross amount is lower than the minimum established by Article 1 of Law 11 February 1983 n
. 15, is increased by the difference between the declared income and the minimum
planned for the reference year by the Decree of the fifth paragraph of Article cu recalled.
Art. 4
(merit requirements)
The merit requirements needed to use the bnefici provided by this Act are indicated
By the provisions governing individual Interval nti.
The subjects that can not rely on a specific intervention for the lack of one of
substantive requirements are satisfied, given the opportunity to take advantage of the benefits of
however, if those conditions are recovered in ' school year, academic or educational
immediately following.
In the event that disrupts the frequency of the course started, the person who has benefited from
one of the provisions in this law, with the exception of those referred to in Articles 6 and 7, it is held
to refund the sum already received, subject to force majeure for health reasons
certified by the competent health authorities and recognized by the Council for the Public Education
.
If such person fails to set deadlines for the recovery of the sums received or retained
improperly applies the procedure directorial hand.
TITLE II
Art. 5
(Education grant)
The educational grant is awarded to citizens and residents who attend the studies and courses referred
Article 2 paragraph 1 letters a), b) and c) in outside the territory of the Republic
locations not accessible on a daily basis.
In order to achieve the educational grant is necessary to certify that they meet the following requirements:
a) regular membership and admission is for the first year and for subsequent years to
courses provided for in Article 2;
B) for the second and subsequent years of the courses referred to in Article 2, paragraph 1, letter a),
have completed all the exams included in the curriculum for the previous year or have
acquired the number of credits required for the previous year;
C) for the courses referred to in Article 2, paragraph 1, letter b) and c) have successfully completed
the school year or previous training;
D) be in income conditions referred to in the following paragraph.
The amount of the check of study and related income brackets are determined as follows:
Scaglione Household income per capita Amount annual educational grant
1 EUR 9476.24 EUR 1990.13 || | 2nd EUR 12,635.01 EUR 1327.11
3rd € 15,790.65 € 663.55
where the family income per capita is higher than EUR 15,790.65, the educational grant | || is not attributed.
The study also does not grant it to those who already have a degree or diploma, he attended courses
study in the same grade the work undertaken.
The student referred to in Article 2, paragraph 1, letter a), which achieves a degree within one year of
tolerance with respect to the legal duration of the course, he has the right to reintegration of annuities not corrispote.
Art. 6
(Education grant thanks)
The students referred to in Article 2, paragraph 1, letter a), b) and c) who have obtained in the school
or academic training or previous results of particular merit is attributed
educational grant for excellence.
The amount of the check for and about the requirements to obtain it are established by successive
table "A" for the courses referred to in Article 2, paragraph 1, letter a) and Table "B"
the courses referred to in Article 2, paragraph 1, letters b) and c):
Table -A- - courses referred to in Article 2, paragraph 1, letter a) -
of the check amount to about:
€ 969,12 = requirements
periods Notes
academic years before the final
M ≥ 28/30 M represents the average grade for all examinations
included in the plan of study for the year of reference
course.
Final academic year 29/30 V ≥ V represents the vote of degree or university degree
rata thirty
Table -B- - courses referred to in Article 2, paragraph 1, letters b) and c) -
amount of the check for about:
€ 513,04 =
Periods requirements Notes
School year not
culminating exam
M ≥ 8.5
With all votes above 6/10
M represents the average of the votes of all subjects
curricular provided by the teaching programs of
each school, for which they have indicated a
numerical evaluation in the final ballot of the school
reference, except || | of conduct.
School year ending with examination of license or qualification
V ≥ 8.5 V is the overall final vote exam recalculated tenths
School year ending with examination of State
V ≥ 90/100 V it represents the overall final vote exam
.
Art. 7
(books Contribution)
The students referred to in Article 2, paragraph 1, letters a), b) and c) who do not receive the free supply of textbooks
is paid a contribution of books to:
• EUR 311.47 for courses referred to in subparagraph a) of Article 2;
• € 262.24 for students of the first and third year of the course referred to in subparagraphs b) and c)
Article 2;
• € 199,53 for students of the second, fourth and fifth year of the courses referred to in subparagraphs b) and
c) of Article 2. The contribution
books is not paid to the student of the courses referred to in subparagraph a) of paragraph 1 of Article 2
if it has not passed at least 3 exams required by the study plan for the year
course or who has obtained at least 1/3 of the credits for this year.
In the event that the student enrolled in the courses referred to in paragraphs b) and c) of Article 2 is at
repeat the same year, the contribution is paid in books of 50% for a single || | once during the same school cycle.
Art. 8
(Loan on trust)
To enable the self-financing of the studies, the students referred to in Article 2
can avail the loan on trust, which is erogat from government by the
' opening of a credit line in current account for third parties guaranteed by the state.
The loan on trust affects the whole course of study and is paid in annual installments of €
3,790.45 for each year of the course chosen.
In order to avail the loan on trust the student must be of age, attend a
course of study outside the territory and have an annual household income per capita does not exceed that
set in the third echelon in the previous ar icle 5.
the Congress of State is authorized to enter into appropriate agreements with lenders that provide
borne the burden of the public administration by 50% of the interest due.
The promissory notes issued to secure banking transactions referred to in the preceding paragraph are
subject to stamp duty of 0.10 per thousand.
The loan repayment can occur at any time but no later than the period of three years
from the conclusion of the course.
The student can make the repayment by rattrimestrali over many years as there are
years for which he made use of the loan.
In the event of interruption of studies loan repayment it becomes legally enforceable with effect from one year after
interruption.
Art.
9 (Scholarships)
In order to facilitate the achievement of a greater specialization in the field of study chosen
and greater professionalism, the Republic establishing scholarships in favor of the persons referred
Article 2, paragraph 1, letter d).
The actual frequency of the courses for which you paid the scholarship is a necessary condition for being able to use
.
The scholarship referred to in this article is incompatible and not combinable with other contributions or
salaries paid by public bodies or private of the Republic of San Marino or other countries, given the frequency perceived
the same course and is paid only if
enrollment in courses in non-daily reach locations.
The scholarship is paid in staggered form taking into account the amount of income family
per capita per annum, according to the following table:
Scaglione Household income per capita Annual amount
bag study
1st EUR 9476.24 EUR 2842.81
2nd EUR 12,635.01 EUR 1895.22
3rd € 15,790.65 EUR 947.97
where the family income per capita is higher than EUR 15,790.65 scholarship
is not attributed.
The amount of scholarships for attendance of courses in various foreign countries from Italy
may be increased, subject to the income requirements, up to 100%, based on increased costs incurred
and duly recorded.
The Congress of State, after consulting the Consulta Education, under the particular
opportunities and / or agreements with institutes and research centers, has the right to establish exchanges
special study, to quantify the amount, to establish the admission requirements and to indicate the
locations at which they will be met by a.
Art. 10
(breaks for transport)
In order to ensure that students who attend ic RSI referred to in Article 2 the possibility of
reach the seats of the chosen courses, both in the territory and outside the territory provided within
daily and in order to facilitate the mobility of young people for participation in activities
training, sports and recreation, the State, through the Autonomous Company management responsible
State and through the conclusion of contracts and agreements with other licensed operators, ensures
appropriate network of public transport in countries in connection with the external
public transport network.
The cost of the annual school subscriptions paid by the students to the use of transport is
set at EUR 50.00 for internal transport and Euro 70,00 for external transport. The State,
deducting the contributions paid by students, ierverrà to the regularization of the higher costs incurred by
transport operators on the basis of the criteria and parameters used for the definition of
public transport costs.
In the case of transmission lines, that do not affect them, the State will, if not possible
otherwise, to reimbursement of the costs of transport subscriptions, less the amount charged to the student
pursuant to subsection that comes before.
Art. 11
(Deductibility of expenses for the right to study)
The letter f) of Article 6, paragraph 1, of the law 13 October 1984 n. 91, as subsequently amended and supplemented
, so it is replaced: "f) perintero the annual school fees for the registration and
attendance at professional courses, secondary and university education, and, up to an amount || | maximum of EUR 2,000.00, rental costs and tte r school or boarding school's curred for
frequency of the courses referred to in Article 2 of the legg the right to study based outside the territory. "
TITLE III
Art. 12
(Traineeships and guidance)
In order to achieve moments of alternation between study and work in the field of training and
facilitate career choices through direct knowledge of the working world, the Republic
promotes internships and guidance as ode of realization of the educational path
, in favor of the persons referred to in Article 2 of this Act.
Institutions or institutions running the courses referred to in Article 2 foster placements in the preceding paragraph
through the signing of appropriate agreements with the entities, public and private
, willing to accommodate trainees .
The relationship established between these entities and the trainees is not an employment relationship.
The promoter prepares the training project to be attached to the Convention and ensures the presence of a
didactic-organizational tutor of activities.
The subject agreement hosting the trainee i tell the responsible corporate integration
trainees to refer to.
The students referred to in Article 2 of this Law perform the internship in periods
compatible with the course of study she attended. The internship can not still have a
lasting more than 180 hours per year.
The promoter ensures insurance coverage for the trainee.
The evaluation of the internship and guidance is given, by the promoter, the Charter of credits
referred to in Article 24 of Law 21 of 12 February 1998.
For tax purposes, any bag-work delivered to the trainee by institutions or organizations that manage
courses referred to in Article 2 of this Act, is heard from all kinds of taxation and does not contribute to
the taxable income of the recipient.
Art. 13
(Regulations in favor of temporary work of students)
The Republic, in order to enhance the education of students and provide opportunities for self-financing
studies, shall be regulated by the adoption of specific standards legislative
temporary employment of persons referred to in Article 2 of this Act,
line with the times and the demands of the busiest courses.
For tax purposes, the income received by the student worker does not contribute to increase the family income
referred to in Article 3 of this legg.
Art.
14 (Promotion of voluntary social service)
The Republic promotes the participation of young citizens or residents to the performance of
utilities in the cultural, social, environmental, education and protection and || | enhancement of the artistic heritage.
With special legislation the Republic regulates the voluntary social service,
also providing recognition to the educational purposes of the activity carried out.
TITLE IV Art. 15
(Financial coverage)
The funding of the actions referred to in this law is laid on the relevant chapters of
State Budget.
Art.
16 (General requirements)
Students wishing to obtain the benefits provided for in Articles 5, 6, 7, 8 and 9devono make
request to the View of Education through the presentation, by 30 November of each year
, application specific, written on special modules and accompanied by documentation
Expected, at the Financial Aid Office of the State Secretariat for Public Education, ch
issue a receipt.
Any decision refusing the benefits provided for in this Law, adopted by the Advisory
of Education, is communicated to the subject in eressato through a registered letter.
Against the decision referred to in the preceding paragraph, the person concerned, within a period of thirty days
dall'intervenuta communication, it may request the Consulta of Public Education
reviewing the practice.
An appeal against the measure by which the See of Education to pronounce on the review, the person concerned
has power to act in accordance with Law 68 of June 28, 1989.
With special decree:
- are updated annually according to changes in the cost of living, the amounts and the amount of the bands
income referred to in Articles 5, 8 and 9;
- Are determined annually the amount of the amounts provided for in Articles 6, 7 and 10;
- The requirements and criteria for institutions to benefit from the expected
Title II may be amended and / or supplemented.
Art.
17 (Repeal of rules)
are repealed Decree 11 February 1998 n. 8 and subsequent amendments and additions, and
all rules which contravene this Act.
Art.
18 (Transitional provisions)
For the school and for the academic year 2002- 3 year about the check and requirements
are those set by Law 114 of 29 October 1999 and the Decree of 27 January 2000 n.12.
For the 2002-2003 school year, the Council for Public Education is authorized to
repay the cost of the subscription for the transport means of public services to students attending Higher Secondary Schools
daily accessible locations, in good standing
with the registration and application made within the terms of the law, according to different tables for
various points of the territory.
Article 10 will be enforced from the school year 2004-2005. For the school year 2003-2004
all students referred to in Article 2 upper, attending venues outside
daily within the territory, it has repaid the subscription fee for their transportation
by service public, differentiated according to the tables for the various points of the territory.
Art.
19 (Entry into force)
This Law shall enter into force on the fifth day following that of its legal publication
.
Our Residence, this day of 23 January 2004/1703 dFR
The Captains Regent Giovanni Lonfernini - Valeria Ciavatta
CONTENTS Title I
Art. 1) Purpose and interventions
Art. 2) Target
Art. 3) income requirements
Art. 4) of about
Requirements Title II Art. 5) Education grant
Art. 6) Education grant for about
Art. 7) books Contribution
Art. 8) Loan on trust
Art. 9) Scholarships
Art. 10) Grants for transportation
Art. 11) Deductibility of expenses for the right to study Title III
Art. 12) Traineeships and
Art orientation. 13) Rules for the temporary employment of students
Art. 14) Promotion of voluntary social service
Title IV Art. 15) Financial coverage
Art. 16) General rules
Art. 17) Repeal of norms
Art. 18) Transitional rules
Art. 19) Entry into force
