Circular 35/2011/tt-Bgddt: Regulations On Grants And Scholarships, Subsidies For People Studying In The Vocational Education In National Education Systems

Original Language Title: Thông tư 35/2011/TT-BGDĐT: Quy định về trao và nhận học bổng, trợ cấp cho người học trong các cơ sở giáo dục thuộc hệ thống giáo dục quốc dân

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Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

Pursuant to Decree No. 32/2008/ND-CP dated 19 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of education and training;

Pursuant to Decree No. 31/2010/ND-CP on January 11, 2011 the Government's amendments and supplements to some articles of Decree No. 75/2006/ND-CP dated 10 August 2006 from the Government detailing and guiding the implementation of some articles of the law on education;

At the suggestion of the Director of Student Affairs, student, Minister of education and training provisions on grants and scholarships, subsidies for people studying in educational establishments in the national education system: article 1. Scope 1. This circular regulates grants and scholarships, subsidies for people studying in the vocational education in national education systems, including: the principle of reception, selection and awarded scholarships, subsidies; receiving scholarships, subsidies; selection and awarded scholarships, subsidies; the rights and responsibilities of the learner was receiving scholarships, subsidies; the responsibility of Heads of educational institutions; the responsibility of the Department of education and training.

2. Scholarships, subsidies prescribed in this circular are scholarships, subsidies are financed by money not refundable or artifacts from outside the capital budget of the agencies, organizations, individuals and foreign countries (hereinafter called the sponsor) for learners in the institutions with the aim to support encourages the learner to strive for learning, training and career development of education.

Article 2. Application object 1. This circular applies to learners in preschool education institutions, educational establishments, the Center for continuing education, professional secondary schools and higher education establishments in the national education system (hereinafter referred to as the institutions); organizations and individuals concerned.

2. This circular does not apply to the following sponsorship form: a) direct funding for learners through educational establishments or education management bodies;

b) funding for learners to participate sightseeing, tourism, Exchange or training courses, in addition to the program are studying in educational establishments;

c) The funding for the general operation of the school.

Article 3. The principle of reception, selection and awarded scholarships, subsidies 1. Create favorable conditions, encouraging sponsors in supporting learning for career development goals of education.

2. The selection to ensure fairness, the public, the right audience; do not create the administrative procedures for learners troubling and difficult for the institution.

3. ensure the solemn, serious, flexible line with actual circumstances and conditions, encouraging learners to actively strive in study, work out.

Article 4. Receiving scholarships, subsidies 1. The agency receiving the scholarship, allowance, include: a) in educational administration, if the donor was through. Educational Administration Guide and the selection of institutions for a student to receive a scholarship, subsidies according to the norms and standards agreed with the sponsor;

b) The educational institution, if powered directly.

2. The agency receiving the scholarship, allowance negotiated with donors about the specific requirements for the parties concerned, consistent with the sponsor in writing sponsored scholarships, subsidies, standards, documents, procedure select scholarships, subsidies for the learner, as well as the rights and responsibilities of the parties involved.

Article 5. Selection and awarded scholarships, subsidies 1. Selection of scholarship, grants a) the institution is widely reported and listed in all educational establishments to the learners know about the scholarship program, the subsidy;

b) Customized requirements of each scholarship programs, grants, choosing the school scholarships, subsidies may be due to selection board scholarships, subsidies of referral institution or at the suggestion of the school through the collective opinion of the class, teacher, faculty, departments and mass organizations of the institution;

c) heads the institution based on learning outcomes and learner's training progress reviews, scholarships, subsidies according to the criteria and the number has been specified; direct coordination of sources of scholarships, grants and receiving objects to avoid the school received scholarships at the same time, grants from a variety of programs;

d) heads the institution approved the list of awardees, learner support, after the reunification with the sponsor. In the case of funded through educational administration, the list proposed by the institution to be sent to the education administration to unify with the sponsor. The list is processed must be listed in the institution.

2. Form of scholarship, grants the discretionary conditions of the institution and the scholarship program, scholarships and job subsidies, subsidies for the learner can perform using the form: a) held a ceremony to award scholarships, subsidies;

b) held on the occasion of organized activities at the institution;

c) levels of cash directly to the school or transferred through ATM card;

d) legitimate money transfer forms.

Article 6. The rights and responsibilities of the learner was receiving scholarships, subsidies 1. The right of a student scholarship, grants a) Is the information about the scholarship program, the subsidy; Expressing its legitimate aspirations and the equality in getting scholarships, subsidies to meet the requirements of the program;

b) is entitled to complain to the head of the institution, the sponsor or the competent authorities if found the selection of scholarships, subsidies are not properly regulated.

2. The responsibilities of awardees, grant a) honesty when registered to participate in the program;

b) use funds properly funding purposes; make the right commitment to the sponsors or the institution (if applicable); actively strive to study, work out;

c) timely reporting to the heads of the institution when the sponsor has other requests with the initial aim of the scholarships, subsidies received.

Article 7. The rights and responsibilities of the sponsor 1. The right to sponsor a) Was created to facilitate assisting the learner because career development goals of education;

b) enjoy preferential policies specified in circular No. 128/2008/TT-BTC dated 26/12/2008 of the Ministry of Finance on the implementation of some articles of the corporate income tax law No. 14/2008/QH12 and guiding the implementation of Decree No. 124/2008/ND-CP on December 11, 2008 detailing the Government's implementation of some articles of the law on enterprise income tax;

c) full information about the deployment of the scholarship program, the subsidy;

d) is guaranteed the rights under the agreement were consistent with units receiving scholarships, grants Vietnam law suit.

2. The responsibilities of the sponsor a) made the right commitment in written agreement with units receiving scholarships, subsidies;

b) Not arbitrarily take more complex procedures, or organizational forms do not match the scale of scholarships, grants and Vietnam's cultural identity.

Article 8. The responsibility of Heads of educational institutions 1. Actively search for the funding and take measures to encourage donors to support the learner has the difficult economic conditions, people learn in an policy, who is learning disabled people and encourage the talent.

2. Pursuant to the provisions of this circular and the specific conditions of the institution, issued the regulations on the process, selection procedure and awarded scholarships, subsidies of the institution; assigned to task for making unit in the reception, selection and awarding scholarships, grants.

3. establish scholarship selection board, for support of the institution by the representatives of the institution as Chairman, representative, Board of the function and the parent student representative Committee (for the preschool education institutions, educational establishments and continuing education center) or the representative Delegation of Ho Chi Minh Communist Youth , The student (for University professional secondary and higher education establishments).

4. Coordination with donor organizations implement effective funding programs of scholarships, subsidies for the learner.

5. Tracking, records management, retention and organization of reception, selection and awarded scholarships, subsidies for the school under the provisions of clause 2, article 5 of this circular, the aggregate annual agency report, management education level above before 1 August of the scholarship allowances for people who receive during the school year.

Article 9. The responsibility of the Department of education and training 1. Directing the education and training, the institutions subordinated to the perform reception, selection and scholarship, grants awarded under the provisions of this circular.

2. Inspect, inspect the reception, selection and awarded scholarships, grants for the study of the educational institution directly.

3. The aggregate results of the reception, selection and awarded scholarships, grants for the study of institutions, reported the Ministry of education and training before June 30 of every year.

4. the celebrated Declaration, honor or advised the Commission of the Ministry of education and training, reward, encourage the agencies, organizations and individuals who sponsor scholarships, subsidies for the learner.

Article 10. Effective enforcement of this circular effect since January 25, 2011.

The previous provisions contrary to the provisions of this circular are abolished.

Article 11. Responsibility Office, Director of Student Affairs, student, heads of relevant units of the Ministry of education and training, the Director of the Department of education and training, the Director of the University, the Academy, the Center for continuing education, the Rector of a University, College, vocational and preschool education institutions educational establishments, is responsible for the implementation of this circular.