Nghị định 84/2020/ND-CP

DECREE

ELABORATING TO EDUCATION LAW

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Education Law dated June 14, 2019;

At request of Minister of Education and Training;

The Government promulgates Decree on elaborating to Education Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates Education Law, including: Summer vacation period of teachers; awarding titles “honorary doctor” and “honorary professor “; converting private junior kindergartens, senior kindergartens, preschools, and institutions for general education to not-for-profit ones; academic incentive scholarship; policy scholarship, exemption and reduction of public service fees for learners and students.

Article 2. Regulated entities

This Decree applies to:

1. Kindergartens and independent classes for children; kindergartens and independent kindergarten classes; preschools and independent preschool classes (hereinafter collectively referred to as “institutions for preschool education”).

2. Primary schools, lower secondary schools, upper secondary schools, and multi-level schools (hereinafter collectively referred to as “institutions for general education”).

3. Vocational secondary schools and colleges (hereinafter collectively referred to as “institutions of vocational education”).

4. Universities, higher education institutions, and academies (hereinafter collectively referred to as “institutions of higher education”).

5. Boarding general education schools for ethnic minorities, semi-boarding schools for ethnic minorities, pre-university schools, specialized schools, and schools for gifted children (hereinafter collectively referred to as “special schools”).

6. Institutions of continuing education, vocational – continuing education, vocational education.

7. Other relevant organizations and individuals.

Article 3. Summer vacation of teachers

1. Summer vacation of teachers:

a) Annual summer vacation of teachers of institutions for preschool education, institutions for general education, and special schools is 8 weeks, including annual permitted leave;

b) Annual summer vacation of teachers of vocational secondary schools and colleges is 6 weeks, including annual permitted leave;

c) Annual summer vacation of teachers of institutions of higher education shall comply with organizational and operational regulations of the institutions of higher education;

d) In case of any irregularity, emergency cases for prevention of natural disasters, diseases or other emergencies, summer vacation of teachers of institutions for preschool education, institutions for general education, special schools, vocational secondary schools and colleges shall be decided by Minister of Education and Training and Minister of Labor – War Invalids and Social Affairs depending on entitlement.

2. In addition to summer vacation specified under Clause 1 of this Article, teachers shall benefit from other vacations according to the Labor Code.

3. Based on school year plans prescribed by Ministry of Education and Training and specific local conditions, Chairpersons of People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) shall decide on beginning of summer vacation of teachers of institutions for preschool education, institutions for general education, and special schools in the areas.

Pursuant to Point b Clause 1 of this Article, principals of vocational secondary schools and colleges shall decide on the beginning of summer vacation of teachers satisfactory to training plans and specific conditions of each education institution.

4. Summer vacation of teachers in education institutions affiliated to Ministry of National Defense and Ministry of Public Security shall conform to separate regulations of the Government.

Chapter II

AWARDING TITLES OF HONORARY DOCTOR AND HONORARY PROFESSOR

Article 4. Awarding “honorary doctor” title

1. Awarded individuals:

a) Teachers, scientists;

b) Socio-political activists.

2. Eligibility for award:

a) An individual specified under Point a Clause 1 of this Article must be an oversea Vietnamese or a foreigner with many contributions towards education and science professions of Vietnam and awarded by a higher education institutions providing doctoral education of Vietnam;

b) An individual specified under Point b Clause 1 of this Article must be an oversea Vietnamese or a foreigner with many contributions towards education and science professions of Vietnam, internationally accredited, contributing towards friendship and socio-economic development of Vietnam, and awarded by a higher education institutions providing doctoral education of Vietnam;

3. Procedures for awarding:

a) Institutions for higher education shall organize meeting among science and education councils to consider and award the right individuals with the right eligibility specified under Clauses 1 and 2 of this Article;

b) Based on decisions of science and education councils, principals and directors of institutions for higher education shall consider and approve. On the basis of resolutions of the institutions’ councils, principals and directors shall decide to award and hold award ceremonies;

c) If necessary, principals and directors of institutions of higher education shall request Ministry of Foreign Affairs, Ministry of Public Security or representative missions of countries where the award candidates come from in writing to provide remarks on whether or not the candidates violate regulations and law of Vietnam, their home countries or international agreements to which Vietnam is a signatory.

4. Institutions for higher education providing doctoral education shall design, print templates, issue and manage honorary doctor degrees. Honorary doctor degrees must specify “Tiến sĩ danh dự” (Honorary doctor) instead of “Học vị tiến sĩ” (Doctorate) and training discipline; publicize information of awarded individuals on website of institutions for higher education and submit decision on awarding to Ministry of Education and Training after each awarding session.

Article 5. Awarding “honorary professor” title

1. Awarded individuals:

a) Teachers, scientists;

b) Socio-political activists.

2. Eligibility for award:

a) Satisfying requirements specified under Clause 2 Article 4 of this Decree;

b) Holding a doctorate degree.

3. Procedures for awarding shall comply with Clause 3 Article 4 of this Decree.

4. Decision on awarding the title “honorary professor” must specify the title “Giáo sư danh dự” (Honorary professor). Institutions for higher education shall publicize information of awarded individuals on their website and submit decision on awarding to Ministry of Education and Training after each awarding session.

Chapter III

CONVERTING PRIVATE JUNIOR KINDERGARTENS, SENIOR KINDERGARTENS, PRESCHOOLS, AND INSTITUTIONS FOR GENERAL EDUCATION TO NOT-FOR-PROFIT PRIVATE JUNIOR KINDERGARTENS, SENIOR KINDERGARTENS, PRESCHOOLS, AND INSTITUTIONS FOR GENERAL EDUCATION

Article 6. Converting private junior kindergartens, senior kindergartens, and preschools to not-for-profit private junior kindergartens, senior kindergartens, and preschools

1. Application for conversion consists of:

a) Written request for converting private junior kindergartens, senior kindergartens, and preschools to not-for-profit private junior kindergartens, senior kindergartens, and preschools, which specifies necessity for converting; not-for-profit operational principles and purposes; stakes and indivisible common ownership by consolidation of private junior kindergartens, senior kindergartens, and preschools (if any);

b) Documents of investors representing at least 75% of total capital of private junior kindergartens, senior kindergartens, and preschools converting to not-for-profit junior kindergartens, senior kindergartens, and preschools on guaranteeing not-for-profit operations, not withdrawing capital, not benefitting from profit, and that the annually accrued profit is classified as indivisible common ownership by consolidation for continuous investment development of private junior kindergartens, senior kindergartens, and preschools;

c) Draft organizational and operational regulations; draft internal financial regulations of private not-for-profit junior kindergartens, senior kindergartens, and preschools;

d) Copies from the master registers, verified true copies or copies attached to master registers of audit result reports; agreements on dealing with capital of investors who reject conversion of private  junior kindergartens, senior kindergartens, and preschools to not-for-profit (if any); documents related to land, assets, finance, organization and personnel of private junior kindergartens, senior kindergartens, and preschools to be converted to not-for-profit junior kindergartens, senior kindergartens, and preschools;

dd) Assessment reports on impact of changes in personnel, finance, assets and methods of processing;

e) Decision on establishment of private junior kindergartens, senior kindergartens, and preschools, decisions on acknowledging present principals of private junior kindergartens, senior kindergartens, and preschools and other relevant documents (if any).

2. Procedures for processing application for conversion:

a) A private junior kindergarten, senior kindergarten, or preschool shall submit 1 application specified under Clause 1 of this Article in person, postal service or online and 1 physical copy to People’s Committee of district, city or townlet (hereinafter collectively referred to as “People’s Committee of district”) in case of private junior kindergartens, senior kindergartens, and preschools invested and operationally guaranteed by domestic investors; to People’s Committee of province in case of private junior kindergartens, senior kindergartens, and preschools invested and operationally guaranteed by foreign investors; to Ministry of Education and Training in case of private junior kindergartens, senior kindergartens, and preschools applied by diplomatic missions and inter-government international organizations;

b) Within 20 working days from the date on which adequate application specified under Clause 1 of this Article is received, Agencies of Education and Training in case of private junior kindergartens, senior kindergartens, and preschools invested and operationally guaranteed by domestic investors; Departments of Education and Training in case of private junior kindergartens, senior kindergartens, and preschools invested and operationally guaranteed by foreign investors shall organize application appraisal and present to People’s Committees of districts or People’s Committees of provinces respectively.

Within 20 working days from the date on which adequate application specified under Clause 1 of this Article is received, Ministry of Education and Training shall organize application appraisal and decide on the conversion in case of Departments of Education and Training in case private preschools applied by foreign diplomatic missions and inter-government international organizations.

Decision on conversion shall be publicized on website of agencies that decide on the conversion.

c) In case of inadequate application, within 5 working days from the date on which the application is received, People’s Committees of districts, People’s Committees of provinces or Ministry of Education and Training shall submit notice to private junior kindergartens, senior kindergartens, and preschools and specify reasons.

Article 7. Converting private institutions for general education to not-for-profit institutions for general education

1. Application for conversion consists of:

a) Written request for converting private institutions for general education to not-for-profit institutions for general education, which specifies necessity for converting; not-for-profit operational principles and purposes; stakes and indivisible common ownership by consolidation of private junior kindergartens, senior kindergartens, and preschools (if any);

b) Documents of investors representing at least 75% of total capital of private institutions for general education converting to not-for-profit institutions for general education on guaranteeing not-for-profit operations, not withdrawing capital, not benefitting from profit, and that the annually accrued profit is classified as indivisible common ownership by consolidation for continuous investment development of institutions for general education;

c) Draft organizational and operational regulations; draft internal financial regulations of private not-for-profit institutions for general education;

d) Copies from the master registers, verified true copies or copies attached to master registers of audit result reports; agreements on dealing with capital of investors who reject conversion of private  institutions for general education to not-for-profit (if any); documents related to land, assets, finance, organization and personnel of private institutions for general education to be converted to not-for-profit institutions for general education;

dd) Assessment reports on impact of changes in personnel, finance, assets and methods of processing;

e) Decision on establishment of private institutions for general education, decisions on acknowledging present principals of private institutions for general education and other relevant documents (if any).

2. Procedures for conversion:

c) An institution for general education shall submit 1 application specified under Clause 1 of this Article in person, postal service or online and 1 physical copy to People’s Committee of district in case of private primary schools, private lower secondary schools and multi-level schools whose highest level of education is lower secondary education level invested and operationally guaranteed by domestic investors; to People’s Committees of provinces in case of private upper secondary schools and private multi-level schools whose highest level of education is upper secondary education level invested and operationally guaranteed by domestic investors and private institutions for general education invested and operationally guaranteed by foreign investors; to Ministry of Education and Training in case of private institutions for general education applied by diplomatic missions and inter-government international organizations;

b) Within 20 working days from the date on which adequate application specified under Clause 1 of this Article is received, Agencies of Education and Training in case of private primary schools, private lower secondary schools and multi-level schools whose highest level of education is lower secondary education level invested and operationally guaranteed by domestic investors; Departments of Education and Training in case of private upper secondary schools and private multi-level schools whose highest level of education is upper secondary education level invested and operationally guaranteed by domestic investors and private institutions for general education invested and operationally guaranteed by foreign investors shall organize application appraisal and present People’s Committees of districts or People’s Committees of provinces respectively to decide on conversion.

Within 20 working days from the date on which adequate application specified under Clause 1 of this Article is received, Ministry of Education and Training shall organize application appraisal and decide on the conversion in case of Departments of Education and Training in case private institutions for general education applied by foreign diplomatic missions and inter-government international organizations.

Decision on conversion shall be publicized on website of agencies that decide on the conversion.

c) In case of inadequate application, within 5 working days from the date on which the application is received, People’s Committees of districts, People’s Committees of provinces or Ministry of Education and Training shall submit notice to private institutions for general education and specify reasons.

Chapter IV

ACADEMIC INCENTIVE SCHOLARSHIP, POLICY SCHOLARSHIP, EXEMPTION AND REDUCTION OF PUBLIC SERVICE FEES FOR LEARNERS AND STUDENTS

Article 8. Academic incentive scholarship

1. Individuals eligible for academic incentive scholarship:

a) Students in specialized upper secondary schools affiliated to institutions for higher education and students in specialized schools displaying excellent behavior grades, excellent learning capacity and at least 8.5 in scores of specialized subjects in the semesters in which scholarship is considered for award or achieving at least consolation prize in national, regional or international examination for gifted and talented students of the same year;

b) Students in schools for artistic, athletic and sports talents displaying at least good behavior grades and average learning capacity in the semesters in which scholarship is considered for award and earning prizes or medals in national, regional or international examinations of the same year;

c) Students studying in institutions for vocational education and institutions for higher education displaying at least good behavior grades and studying results and not disciplined by reprimand or any severer form during the semester in which scholarship is considered for award.

2. Scholarship for individuals specified under Points a and b Clause 1 of this Article:

a) In case of specialized schools and talented schools for artistic, athletic and sports talents: Scholarship awarded to a student must equal at least 3 times the current tuition of local specialized upper secondary schools;

b) In case of specialized upper secondary schools affiliated to institutions for higher education: Scholarship awarded to students shall be decided by principals of the institutions for higher education but not lower than the highest tuition paid by the students for studying at the schools;

c) In case of schools that do not charge tuition fees: Minimum scholarship shall equal 3 times the highest tuition fees of local upper secondary schools.

3. Scholarship for individuals specified under Point c Clause 1 of this Article:

a) Scholarship for good students: Scholarship shall be awarded to students displaying at least good academic scores and behavior grades, decided by principals or directors (hereinafter collectively referred to as “principals”) and equal or higher than the highest tuition fee of the disciplines, majors and vocations paid by the students.  Minimum scholarship in private schools shall be decided by the principals.

In case of training majors and vocations that do not charge tuition fees, apply unit price ordered, assigned or contracted for the training majors and vocations by the Government;

b) Scholarship for excellent students: Scholarship shall be higher than that for good students, decided by the principals and awarded to students displaying at least excellent academic scores and good behavior grades;

c) Scholarship for outstanding students: Scholarship shall be higher than that for excellent students, decided by the principals and awarded to students displaying outstanding academic scores and behavior grades;

d) Academic scores and behavior grades specified under Points a, b, and c of this Clause shall conform to applicable regulations and law of Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs; in which academic scores for scholarship consideration specified under this Decree shall be based on scores of the first final exam.

4. Scholarship funding sources:

a) In case of specialized schools and schools for artistic, athletic and sports talents: Academic incentive scholarship shall be included in expenditure estimates of local government budget in order to sufficiently award at least 30% of total specialized students of the schools. In case of specialized upper secondary schools affiliated to institutions for higher education, academic incentive scholarship shall be taken from legal revenues of institutions for higher education and legal revenues of specialized upper secondary schools;

b) In case of institutions for vocational education and institutions for higher education: Academic incentive scholarship shall be taken from at least 8% of tuition revenues in case of public schools and at least 2% of tuition revenues in case of private schools.

5. Procedures for considering and awarding scholarship to individuals specified under Points a and b Clause 1 of this Article:

a) In case of specialized schools and talented schools: The principals shall determine number of scholarships in each class and rely on annual scholarship to award students who win, in order of priority, international prizes, regional prizes and national prizes, students who achieve scores of specialized subjects (in case of specialized schools) or studying results (in case of talented schools);

b) In case of specialized upper secondary schools affiliated to institutions for higher education: Principals shall determine number of scholarships and value thereof of each grade and class then rely on annual scholarship to award students who achieve, in order of priority, international prizes, regional prizes, national prizes and scores of specialized subjects;

c) Scholarships shall be awarded each semester and every 9 months in a school year.

In addition to academic incentive scholarship specified under this Decree, Chairperson of People’s Committees of provinces may develop other policies on students of specialized schools and talented schools within provinces or under province management.

6. Procedures for considering and awarding scholarship to individuals specified under Point c Clause 1 of this Article:

a) The principals shall rely on funding sources for academic incentive scholarship to determine number of scholarships for each course and major. In case number of students eligible for scholarship exceeds number of scholarships, the principals shall decide on considering and awarding scholarships;

b) The principals shall rely on studying and training results of students to consider and award scholarships in a descending manner from students achieving outstanding rank;

c) Scholarships shall be awarded each semester and every 10 months in a school year.  In case students follow module or credit system, they shall be considered and awarded scholarships based on number of modules or credits, in which, 15 modules/credits shall equal 1 semester.

Students benefiting from policy scholarship, social benefits and incentive policies are eligible for academic incentive scholarships specified under this Decree.

Article 9. Policy scholarship

1. Eligible entities: Students enrolled by form of nomination, students at pre-university schools, boarding general education schools for ethnic minorities, learners at institutions for vocational education for war invalids, disabled and handicapped persons.

2. Amount:

a) In case of students enrolled by form of nomination, students at pre-university schools, boarding general education schools for ethnic minorities, learners at institutions for vocational education for war invalids, disabled and handicapped persons: Scholarships shall equal 80% of statutory pay rate/month;

b) In case of students who are war invalids living in poor households and studying in institutions for vocational education for war invalids, disabled and handicapped persons: Scholarships shall equal 100% of statutory pay rate/month.

3. Principles of receiving scholarships:

a) Entities specified under Clause 1 of this Article shall receive policy scholarship once throughout their learning process;

b) In case a student or learner is eligible for multiple policies simultaneously, the policy with the highest scholarship shall prevail; in case a student or learner studies multiple majors in multiple education institutions, he/she shall only benefit from a single major at a single education institution;

c) Students and learners eligible for policy scholarships as specified under this Article and eligible for other incentive policies, social benefits and academic incentive scholarships may benefit from such policies as per the law;

d) Students and learners disciplined in form of expulsion or suspension shall not benefit from policies specified under this Article from the date on which decisions on discipline enters into force or during suspension period;

dd) Policy scholarships shall be awarded every month, number of school years in which a student or learner benefits from the policy must not exceed the maximum number of school years or semesters necessary for completing training program of a specific major as per the law. In the final year, students and learners shall benefit according to number of months that they have studied.

In case of students in pre-university schools and boarding general education schools for ethnic minorities repeat classes, the first repeated school year is still eligible for benefiting from policy scholarship as per the law.

e) In case of training program in form of modules or credits, policy scholarships shall be awarded depending on training period, equal or less than training period of year-based training program for the same major and education level and calculated using formula below:

In which:

 g) Policy scholarship shall not be applied to students pursuing second degree, university-enterprise cooperative training programs, distance learning programs, university-university cooperative training programs or on-the-job training programs.

4. Applications for benefitting from policy scholarship:

a) In case of students enrolled by form of nomination: Written commitment of students with confirmation of schools where the students are currently studying (Form No. 1 under Annex attached to this Decree);

b) In case of students in pre-universities and boarding schools for ethnic minorities: Copies from the master registers, verified true copies or copies and master registers of birth certificates and notice of admission;

c) In case of students in institutions for vocational education for war invalids, disabled and handicapped persons: Applications (Form No. 2 and Form No. 3 under Annex attached to this Decree); copies from the master registers, verified true copies or copies and master registers of birth certificates and disability confirmation documents issued by People’s Committees of communes, wards and towns in case of students who are disabled and handicapped persons; in case disability confirmation documents are not available, provide copies from the master registers, verified true copies or copies and master registers of decision of People’s Committees of districts on providing disabled and handicapped persons with social benefits or copies from the master registers, verified true copies or copies and master registers of war invalid cards in case of students who are war invalids.

5. Procedures for considering and awarding scholarship:

a) In case of students enrolled by form of nomination:

- Within 15 days from the date on which a school year starts, students shall submit application in person, via postal service or online to Departments of Home Affairs where permanent residence is registered in case of students in institutions for higher education and pedagogical colleges or Departments of Labors - War Invalids and Social Affairs where permanent residence is registered in case of students in colleges except for students in pedagogical colleges. Each student shall submit the application once throughout his/her time studying at an education institution;

- Departments of Home Affairs, Departments of Labor – War Invalids and Social Affairs shall receive the applications, appraise, list and estimate required expenditure (Form No. 4 under Annex attached to this Decree) and pay or policy scholarships as per the law. In case of inadequate application, Departments of Home Affairs, Departments of Labor – War Invalids and Social Affairs are responsible for informing the applicants within 7 working days from the date on which the application is received;

- Students shall receive policy scholarship directly at Departments of Home Affairs, Departments of Labor – War Invalids and Social Affairs or their bank accounts.

b) In case of students in pre-universities and boarding schools for ethnic minorities:

- Within 15 days from the date on which a school year starts, students shall submit application to schools where they are studying for policy scholarships. Each student shall submit the application once throughout his/her time studying at an education institution;

- Education institutions shall receive the application, appraise, list and estimate required expenditure (Form No. 4 under Annex attached to this Decree) and submit to supervisory authorities. In case of inadequate application, education institutions are responsible for informing the applicants within 5 working days from the date on which the application is received;

- Students shall receive policy scholarship at education institutions where they are studying.

c) In case of learners of institutions for vocational education for war invalids and disabled, handicapped persons:

- Within 15 days from the date on which a school year starts, institutions for vocational education shall inform learners about policy scholarship, application submission period and instruct learners to submit application as per the law. Each learner shall submit the application once throughout his/her time studying at an institution for vocational education;

- In case of learners of public institutions for vocational education: Principals of the public institutions for vocational education shall appraise the application, list, estimate required expenditure on providing financial assistance for learners (Form No. 4 under Annex attached to this Decree), request supervisory authorities to approve, consolidate and request finance authorities to propose competent authorities. In case of inadequate application, public institutions for vocational education are responsible for informing the applicants within 5 working days from the date on which the application is received;

- In case of learners of private institutions for vocational education: Learners shall prepare the applications (Form No. 3 under Annex attached to this Decree) and submit to the institutions for vocational education where they are studying which shall verify within 10 working days from the date on which the application is received and instruct the learners to submit to Agencies of Labor - War Invalids and Social Affairs where permanent residence of the learners is registered. Agencies of Labor – War Invalids and Social Affairs shall appraise, approve list of policy beneficiaries, develop expenditure on implementation, submit to finance authorities of the same level and request competent authorities to approve. In case of inadequate application, Agencies of Labor - War Invalids and Social Affairs are responsible for informing the applicants within 7 working days from the date on which the application is received;

- In case a learner fails to submit adequate application as per the law, he/she shall only be awarded with policy scholarship determined from the date on which the institution for vocational education and Agency of Labor - War Invalids and Social Affairs receive adequate application as per the law. The period prior to the date of submission of adequate application shall not be eligible for calculation of policy scholarship.

6. Expenditure on policy scholarship:

a) Expenditure on policy scholarships specified under this Decree shall be allocated from annual expenditure estimates of state budget in education, training and vocational education sectors according to decentralized entitlement to managing state budget;

b) Central government budget shall guarantee expenditure on policy scholarship for students in pre-universities and boarding schools for ethnic minorities under management of ministries;

c) Local government budget shall guarantee expenditure on policy scholarship for students enrolled by nomination regardless of whether institutions for vocational education and institutions for higher education where students are studying under management of ministries or local governments; expenditure on policy scholarship for learners who are war invalids, disabled, handicapped persons in institutions for vocational education for war invalids, disabled, handicapped persons under management of local governments, students in pre-universities under management of local governments;

d) Expenditure on policy scholarship for students in boarding schools for ethnic minorities under management of local governments shall be guaranteed by local government budget. Central government budget shall provide financial assistance for definite purposes allocated from central government budget to local government budget for implementation of social security policies decided by the Prime Minister.

7. Methods of payment of policy scholarship:

a) In case of students enrolled in form of nomination: Based on expenditure estimates for education profession which have been informed, Departments Home Affairs and Departments of Labor – War Invalids and Social Affairs shall manage expenditure and award policy scholarship to students eligible for policy scholarship as per the law.

Based on practical conditions of each area and education institutions where students eligible for policy scholarship are studying, People’s Committees of provinces or agencies authorized by People’s Committees of provinces shall choose any of following methods to transfer money: Transfer expenditure directly to education institutions according to contracts, pay cash directly to families of learners or the learners, transfer to the learners via accounts or other legal forms of money transfer (if any).

b) In case of students in pre-universities and boarding schools for ethnic minorities: Based on expenditure estimates for education profession that have been informed, education institutions shall manage expenditure and award scholarships to students eligible for policy scholarships as per the law;

c) In case of learners of institutions for vocational education for war invalids and disabled, handicapped persons:

- In case of learners in public institutions for vocational education: The institutions where learners are studying are responsible for managing and awarding policy scholarships to the learners in cash;

- In case of learners in private institutions for vocational education: Agencies of Labor – War Invalids and Social Affairs where permanent residence of the learners is registered are responsible for managing and awarding policy scholarships to the learners in any of following methods: direct cash award, transfer via bank account or other legal forms of money transfer (if any).

8. Period of awarding policy scholarship: Policy scholarship shall be awarded twice every school year, each policy scholarship shall be awarded for 6 months with the first in October and the second in March. In case students and learners have not received policy scholarships in the period above, they shall receive their share in the next period.

9. Students enrolled in form of nomination who are expelled from schools either voluntarily or by expulsion discipline must return all policy scholarships that they have received to agencies awarding scholarship, except for cases of expulsion due to force majeure.

10. Preparation of estimates and expenditure allocation shall conform to the Law on state budget and relevant documents.

11. Management, use and statement of expenditure:

a) Management, use and statement of expenditure shall comply with the Law on state budget, guiding documents and applicable annexes of state budget;

b) On a yearly basis, ministries, central government authorities, People’s Committees of Provinces are responsible for consolidating and reporting to Ministry of Education and Training, Ministry of Labor – War Invalids and Social Affairs, and Ministry of Finance on implementation results of funding students at the end of school years.

Article 10. Exemption and reduction of public service fees for learners and students

1. In case of public transport services:

a) Students shall benefit from reduction in train and bus fares;

b) Public transport service providers shall issue discount tickets for students when they provide student ID cards.

2. In case of public services regarding recreation, museums, historical heritages and cultural structures:

a) Students shall benefit from reduction in ticket price when they directly utilize services of: Museums, historical heritages, libraries, and exhibitions;

b) Cultural and recreational service providers shall issue discount tickets for students when they provide student ID cards.

3. Based on specific conditions, People’s Committees of provinces shall decide on reduction and exemption of ticket prices for public services for students under their management.

4. Students who are disabled and handicapped persons shall benefit from reduction and exemption in ticket prices for public services in terms of transport, recreation, visit of museums, historical heritages and cultural structures as specified under Decree No. 28/2012/ND-CP dated April 10, 2012 of Government on elaborating to Law on Persons with disabilities.

Students who are beneficiaries of social policies shall benefit from reduction and exemption from railway fare as specified under Decree No. 65/2018/ND-CP dated May 12, 2018 of Government on elaborating to Law on Railway Transport.

Chapter V

IMPLEMENTATION

Article 11. Entry into force

1. This Decree comes into force from September 1, 2020.

2. This Decree replaces Decree No. 75/2006/ND-CP dated August 2, 2006 of the Government on elaborating to Law on Education; Decree No. 31/2011/ND-CP dated May 11, 2011 of the Government on amendments to Decree No. 75/2006/ND-CP dated August 2, 2006 of the Government on elaborating to Law on Education; Decree No.07/2013/ND-CP dated January 9, 2013 of the Government on amendments to Point b Clause 13 Article 1 of Decree No. 31/2011/ND-CP dated May 11, 2011 of the Government on amendments to Decree No. 75/2006/ND-CP dated August 2, 2006 of Government on elaborating to Law on Education.

3. Annul Decision No. 152/2007/QD-TTg dated September 14, 2007 of Prime Minister on policy scholarship for students in education institutions affiliated to national education system.

Annul regulations on academic incentive scholarships and policy scholarships under: Decision No. 1121/1997/QD-TTg dated December 23, 1997 of Prime Minister on scholarships and social benefits for students in public schools; Decision No. 239/1999/QD-TTg dated December 28, 1999 of Prime Minister on amendments to Clause a Article 1 of Decision No. 1121/1997/QD-TTg dated December 23, 1997 of Prime Minister on scholarships and social benefits for students in public schools; Decision No. 194/2001/QD-TTg dated December 21, 2001 of Prime Minister on amendments to policy scholarship and social benefits for students who are ethnic minorities studying in public schools under Decision No. 1121/1997/QD-TTg dated December 23, 1997 of Prime Minister; Decision No. 82/2006/QD-TTg dated April 14, 2006 of Prime Minister on amendments to policy scholarship and social benefits for students who are ethnic minorities studying in pre-universities and boarding schools for ethnic minorities under Decision No. 194/2001/QD-TTg dated December 21, 2001 of Prime Minister.

Article 12. Responsibilities for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant agencies are responsible for the implementation of this Decree./.