Thông tư 36/2015/TT-BLDTBXH

CIRCULAR

PROVIDING FOR APPLICATION AND PROCEDURES FOR PREFERENTIAL TREATMENT IN EDUCATION FOR PEOPLE MERITORIOUS TO THE REVOLUTION AND THEIR CHILDREN

Pursuant to the Decree No. 106/2012/ND-CP dated December 20, 2012 by the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 31/2013/ND-CP dated September 04, 2013 by the Government detailing and guiding the implementation of a number of articles of the Ordinance on preferential treatment for people meritorious to the revolution;

At the request of Director of Department for martyrs;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding the application and procedures for preferential treatment in education for people meritorious to the revolution and their children.

Article 1. Entities to be considered for preferential treatment

1. Heroes of the People’s armed forces.

2. Labor Heroes in war time.

3. Wounded soldiers, beneficiaries of policies for war invalids, type B wounded soldiers (hereinafter referred to as wounded soldiers).

4. Children of heroes of the People’s armed forces, children of Labor Heroes in war time.

5. Children of people taking part in revolutionary activities before January 01, 1945.

6. Children of people taking part in revolutionary activities from January 01, 1945 to the August Revolution in 1945.

7. Children of revolutionary martyrs.

8. Children of wounded soldiers.

9. Children of sick soldiers.

10. Children of partisans contaminated with toxic chemicals.

Article 2. Entities eligible for preferential treatment

1. Preferential treatment in education is applicable to students who are:

a) Any children of people meritorious to the revolution specified in Article 1 of this Circular (hereinafter referred to as students) who is studying at a preschool education institution, compulsory education institution, continuing education institution (applicable to students studying at secondary schools, high schools); a ethnic boarding school, a pre-college school, a gifted school or a school for disabled people under the national education system (hereinafter referred to as compulsory education institutions);

b) Any people meritorious to the revolution and their children prescribed in Article 1 of this Circular (hereinafter referred to as students) who takes a course with duration of 01 year or longer at a vocational education institution or at a higher education institution under the national education system (hereinafter referred to as vocational education institutions and universities);

2. Any students that is eligible for more than one preferential policy in education shall enjoy preference having the highest level.

3. If a student studies at more than one vocational education institution/university or receive training in more than one vocation at a vocational education institution/university, he/she shall enjoy the preference having the highest level.

4. A student specified in Clause 1 of this Article shall not receive the preferential treatment in education if:

a) He/she is receiving wages or subsistence for study;

b) He/she has received preferential treatment at another vocational education institution/university;

c) The meritorious person specified in Article 1 of this Circular incurs a suspension of receipt of preferential treatment for people meritorious to the revolution.

5. Preferential treatment in education prescribed in this Circular does not replace the scholarships prescribed in current regulations.

Article 3. Preferential treatment

1. Annual preferential treatment.

2. Monthly preferential treatment.

Levels of preferential treatment shall comply with regulations in Decree No. 20/2015/ND-CP dated February 14, 2015 by the Government.

Article 4. Application for preferential treatment

1. An application form for provision of preferential treatment in education (the Form No. 01)

2. The certification of compulsory education institution/vocational education institution/university (hereinafter referred to as education institution) (the Form No. 02).

3. The Decision of provision of preferential treatment in education (the Form No. 03).

Article 5. Management, retention and transference of document of preferential treatment

1. The document of preferential treatment in education shall be managed and retained like documents of meritorious people.

2. If the person meritorious to the revolution or his/her family moves to another province/city, the document of preferential treatment in education shall be sent to another agency according to regulations in Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013 by the Ministry of Labor, War Invalids and Social Affairs.

Article 6. Procedures for preferential treatment

1. Procedures

a) At the begin of a school year or a course, any person meritorious to the revolution or their children specified in Article 1 of this Circular shall make an application form enclosed with the certificate of his/her education institution and send to People’s Committee of commune where the meritorious person live;

b) Within 03 working days from the day on which the application is received, People’s Committee of commune shall verify the information and make a list enclosed with papers specified in Point a of this Clause and send to the Office of Labor, War Invalids and Social Affairs.

If the person meritorious to the revolution is receiving monthly preferential benefits from an army/police force or a care center for seriously wounded soldiers and meritorious people under the management of the authority of Labor, War Invalids and Social Affairs, then such agency shall issue the certificate (within 03 working days) and send to the Office of Labor, War Invalids and Social Affairs of the area where his/her family lives.

c) Within 05 working days from the day on which the satisfactory application is received, the Office of Labor, War Invalids and Social Affair shall conduct appraisal of the application and make a list enclosed with papers specified in Point b of this Clause and send to Services of Labor, War Invalids and Social Affairs;

d) If the application is satisfactory, within 05 working days from the day on which it is received, Services of Labor, War Invalids and Social Affairs shall check and compare the papers with document of the meritorious person and issue the Decision on provision of preferential treatment in education (the Form No. 03) and send such Decision and an approved list to the Office of Labor, War Invalids and Social Affairs.

2. Procedures for provision of preferential treatment

a) Periodically at the time of provision of preferential benefits, people meritorious to the revolution or their children specified in Article 1 of this Article shall submit to the Office of Labor, War Invalids and Social Affair in charge of providing preferential treatment the certificate of the education institution.

If the student incurs a disciplinary measure or academic expulsion or drop-out without permission, then the education institution where such student is studying shall notify the Office of Labor, War Invalids and Social Affair to suspend the preferential treatment.

If the student returns to their study, the education institution where such student is studying shall notify the Office of Labor, War Invalids and Social Affair to continue the preferential treatment.

If the student is not provided with preferential treatment as prescribed in Point c Clause 4 Article 2 of this Circular, the Office of Labor, War Invalids and Social Affair shall notify the institution where such student is studying;

b) The Office of Labor, War Invalids and Social Affair shall pay the benefits from preferential treatment in education directly or via deposit for students specified in Article 1 of this Circular according to their choice.

Article 7. Method of payment

1. Agency in charge of payment

The Office of Labor, War Invalids and Social Affair shall manage and pay the benefits to students eligible for the preferential treatment.

2. Time of payment

a) Annual benefits are benefits that are at the beginning of an academic year or a course, to be specific

On October or November, applicable to students specified in Point a Clause 1 Article 2 of this Circular

On November or December, applicable to students specified in Point b Clause 1 Article 2 of this Circular

The preferential benefits that have not been paid shall be paid retrospectively;

b) Monthly benefits are benefits that are paid twice a year

The first payment shall be in October or November (applicable to students specified in Point a Clause 1 Article 2 of this Circular) or November or December (applicable to students specified in Point b Clause 1 Article 2 of this Circular)

The remains shall be paid in March or April

The preferential benefits that have not been paid shall be paid retrospectively.

3. Time frame and curriculum

Time frame or curriculum shall comply with provisions of the regulation on of higher education, vocational education and compulsory education.

Article 8. Implementation

1. People's Committees of provinces shall direct the implementation of preferential treatment according to regulations in this Circular and conduct inspection and handle violations in the implementation of preferential treatment in education.

2. Services of Labour, War Invalids and Social Affairs shall comply with regulations in this Circular; collect information and make annual reports according to regulations; conduct inspection of the implementation of preferential treatment in education in local area.

Article 9. Effect

1. This Circular comes into effect from November 12, 2015.

2. If any of document referenced to this Circular is replaced or amended, the new ones shall prevail.

3. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for solution./.