CIRCULAR guide perform a number of articles of Decree No. 143/2013/ND-CP of October 2013 of government regulations on the reimbursement of training costs and scholarship _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 32/2008/ND-CP on August 19, 2008 Government's functions and missions , powers and organizational structure of the Ministry of education and training;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree 143/2013/ND-CP of October 2013 of government regulations on the reimbursement of scholarships and training costs;
The Minister of education and training, the Minister of Finance issued a circular guide perform a number of articles of Decree No. 143/2013/ND-CP of October 2013 of government regulations on the reimbursement of training costs and scholarships.
Article 1. Scope and objects 1. This circular instruction performs a number of articles of Decree No. 143/2013/ND-CP of October 2013 of government regulations on the reimbursement of scholarships and training expenses (hereinafter the Decree 143/2013/ND-CP), including: how to calculate the cost of reimbursement; the cost reimbursement; the order review cost reimbursement; the process and cost recovery claims.
2. This circular apply to individuals, agencies and organizations: a) the learner is the competent State agencies study abroad according to the educational program, University College, master's, doctoral Fellowship and training expenses from State budget sources (including educational programs under the agreement signed with the Vietnam country) and who is involved in training programs in the country according to the order by the Prime Minister approving the Executive without the movement work of competent State agencies after graduation or not enough executive working time regulations;
b) of individuals, agencies and organizations concerned.
3. This circular does not apply to people who are public servants and who studied under the mode of election.
Article 2. How to calculate the cost reimbursement 1. How to calculate the cost of reimbursement to be made according to the provisions of article 5 of Decree 143/2013/NĐ-CP dated. 2. Case study not yet enough executive working time according to the rules, work time just rounded, if the number of working days in the month from 15 days or more.
For example, You Nguyen Van A competent State agencies sent for training during the 48 months, the cost of training is granted from the State budget of 60 million. Time must the Executive assigned to work after completing his course A is 96 minutes. After graduation, he A was the Executive assigned work was 16 months 47 days, he then A arbitrarily quit. Under the rule, rounded, A British Executive has time the activists are rounded up to 48 months. Costs you A refund right is: S = 60000000 DD x (April 96-48 months) = 30,000,000 VND 96, article 3. The reimbursement of costs 1. Within a period of 60 (sixty) days from the date of the decision to the State Agency's jurisdiction that the learner does not obey the assigned work of the competent State agencies, heads of competent State agencies to study and training expenses from the State budget to establish the cost of reimbursement for specified in paragraph 1 of article 3 of Decree 143/2013/NĐ-CP dated. 2. Within a period of 60 (sixty) days from the date of the study or single working voluntarily vacate the Executive that has not enough time to work as specified, heads labor administration founded the reimbursement costs for cases prescribed in paragraph 2 of article 3 of Decree 143/2013 issued. 3. The reimbursement of expenses (hereinafter the Council) have functional consultants help agency heads have the jurisdiction to determine the reimbursement in the calculation and recommendations cost reimbursement level.
Article 4. The component cost reimbursement 1. The composition of the Council with regard to the case prescribed in clause 1 of article 3 of this circular includes: a) heads or Deputy Chairman of the Council;
b) Who is in charge of the training of the Agency is the Secretary to the Board;
c) who is in charge of financial affairs, accounting of the Agency's Board members.
2. The composition of the Council with regard to the case prescribed in clause 2 of article 3 of this circular includes: a) heads manage employees or Vice Chairman of the Council;
b) Who is in charge of the work of the Organization, personnel management agency workers as Secretary of the Council;
c) who is in charge of financial affairs, accounting of the Agency's workers Management Board members;
d) direct people management employees as members of the Board;
DD) organization represents the Union of the labor Agency's Board members.
Article 5. The working principle of the reimbursement of costs 1. The Council meeting conducted only when there is full attendance Board components.
2. The Council works according to the principles of publicity, democracy and voted in the form of secret ballot according to the majority principle.
3. The meeting of the Board must be recorded into the minutes of the Council to consider, through. The minutes of the meeting must be signed by the Chairman and Secretary of the Council.
4. The Council to terminate the operation and dissolved after the completion of the task.
Article 6. The order meeting the cost reimbursement 1. Prepare the meetings of the Council: a) the President of the Council is responsible for organizing the meeting considering the cost reimbursement;
b) Secretaries are responsible for preparing resumes, documents relating to the meeting considering the cost reimbursement.
2. The order of Council meeting: a) the Secretary of the Council read the Council decision;
b) President of the Council stated the mission and programs of work of the Council;
c) Secretary of the Council read the provisions related to the review of reimbursement costs;
d) who is in charge of financial affairs, accounting and reporting of the expenses for the course and announced the case review is being reimbursed in any case in the case of reimbursement;
DD) who directly reported workers on time at the Executive Agency (if applicable);
e) Who represented unions protect workers ' rights (if any);
g) discussion board and secret ballot on the case of reimbursement and the cost reimbursement;
h) President announced the secret ballot results, through the minutes of the meeting. Chairman of the Board and Secretary of the meeting to sign the minutes of the meeting.
3. Recommendations on cost reimbursement of the Council must be made in writing and sent to agency heads have the authority to decide the slow reimbursement for 3 (three) working days from the end of the meeting.
4. On the basis of recommendations of the Board, the heads of the competent organs decide the reimbursement at the latest 5 (five) working days from the date of the petition.
Article 7. The process and cost recovery claims 1. Within a period of 60 (sixty) days from the date of the reimbursement of costs decision of the competent authority, the person or family who is responsible for filing pay the full amount of reimbursement to the State budget through the State Treasury.
2. A student has the responsibility to send copies of documents filed with the money in the State budget of the competent authority to determine the reimbursement to track, report.
Case the competent authorities determine the reimbursement is the governing body of the worker, the worker management agency must submit a report regarding the reimbursement of sums paid on filing the State budget for the competent authorities to learn to track, aggregate, reviews the results of training.
3. Revenues from reimbursement of training costs be accounted into subsection 4902-recovery of costs the previous year.
4. The Heads of the competent organs decide the claims is responsible for the track, urging the implementation of the obligation of reimbursement and interest calculation for the slow reimbursement amount under the provisions of paragraph 4 Article 7 of Decree 143/2013/ND-CP article 8. Implementation 1. This circular effect since April 24, 2015.
2. Abolish the provisions applicable to the object "University student and graduate (research student, graduate) was from the 1999-2000 school year onwards under article 76 of the law on education" in circular No. 75/2000/TTLT-BTC-BGDDT the Ministry of finance and the Ministry of education and training, on 20 July 2000 Guide reimbursement funding for training the object to be sent to study abroad but did not return home on time.
3. in the implementation process, if there are difficulties and obstacles, the proposal reflects the time units of the Ministry of education and training and the Ministry of finance to study the resolution.