Nghị định 74/2013/NĐ-CP sửa đổi Nghị định 49/2010/NĐ-CP quy định về miễn, giảm học phí, hỗ trợ chi phí học tập và cơ chế thu, sử dụng học phí đối với cơ sở giáo dục thuộc hệ thống giáo dục quốc dân từ năm học 2010-2011 đến năm học 2014-2015

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 49/2010/ND-CP OF MAY 14, 2010, STIPULATING ON REDUCTION AND EXEMPTION OF TUITION FEES, SUPPORT FOR LEARNING COST, COLLECTION AND USE OF TUITION APPLICABLE TO EDUCATIONAL INSTITUTIONS BELONGING TO NATIONAL EDUCATION SYSTEM FROM THE 2010 – 2011 SCHOOL YEAR TO THE 2014 – 2015 SCHOOL YEAR

Pursuant to the December 25, 2001 Law on Government Organization;

Pursuant to the June 14, 2005 Law on Education;

Pursuant to the November 29, 2006 Law on Vocational Training;

Pursuant to the Law on Medical Examination and Treatment, of November 23, 2009;

Pursuant to the Resolution No. 35/2009/QH12 of the XIIth National Assembly in the Vth session on guidelines, orientations for renewing some financial mechanism in education and training from the 2010 – 2011 school year to the 2014 – 2015 school year;

At the request of the Minister of Education and Training;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 49/2010/ND-CP of May 14, 2010, stipulating on reduction and exemption of tuition fees, support for learning cost, collection and use of tuition applicable to educational institutions belonging to national education system from the 2010 – 2011 school year to the 2014 – 2015 school year,

Article 1. To amend and supplement a number of articles of the Government's Decree No. 49/2010/ND-CP, of May 14, 2010, stipulating on reduction and exemption of tuition fees, support for learning cost, collection and use of tuition applicable to educational institutions belonging to national education system from the 2010 – 2011 school year to the 2014 – 2015 school year as follows:

1. Clause 1 of Article 4 is amended and supplemented as follows:

 “1. Contributors to revolution and their relatives according to the Ordinance on Incentives for contributors to revolution No. 26/2005/PL-UBTVQH11, of June 29, 2005, the Ordinance No. 04/2012/UBTVQH13, of July 16, 2012, amending and supplementing a number of Articles of the Ordinance on Incentives for contributors to revolution ”

2. To annul provision in Clause 2 Article 4.

3. Clause 5 Article 4 is amended as follows:

 “5. Preschool children and secondary school pupils whose parents fall in case of poor household according to the Prime Minister’s regulations”

4. Clause 9 Article 4 is amended as follows:

 “9. Ethnic pupils and students at institutions of vocational education and undergraduate education that are members of poor households or near-poor households according to the Prime Minister’s regulations”

5. To supplement Clause 10, Clause 11 and Clause 12 to Article 4 regarding Subjects entitled for exemption of tuition fees as follows:

“10. Students who are learn specialized in Marxist-Leninist and Ho Chi Minh's Thoughts.

11. Pupils, students, learners specialized in tuberculosis, leprosy, psychology, forensic medicine and pathology anatomy

12. Pupils and students of ethnic with very small population in areas with difficult and special difficult socio-economic conditions.”

6. Clause 1 Article 5 is amended and supplemented as follows:

 “1. The subjects eligible for 70% reduction of tuition fees include pupils, students that major in traditional music, dancing, circus, and some strenuous, toxic or dangerous professions. List of strenuous, toxic or dangerous professions is prescribed by the Ministry of Labor, Invalids and Social Affairs.”

7. Point b Clause 2 Article 5 is amended as follows:

 “b. Preschool children and secondary school pupils whose parents are members of near-poor households according to the Prime Minister’s regulations”

8. Point c Clause 2 Article 5 is amended and supplemented as follows:

 “c. Pupils that graduate from middle schools and attend vocational or professional secondary schools”

9. To annul provision in Clause 1 Article 6.

10. Clause 3 Article 6 is amended as follows:

 “3. Preschool children and secondary school pupils whose parents are members of poor households, according to the Prime Minister’s regulations.”

11. Clause 2 Article 7 is amended and supplemented as follows:

 “2. The State shall subsidize the tuition fees directly to public preschools and secondary, vocational schools and universities where the subjects eligible for reduction and exemption of tuition fees attend, according to the actual number of learners and the tuition level. (The subsidies on tuition fees to vocational education institutions and undergraduate education institutions according to the groups of trades, professions specified in the Government’s Decree No. 49/2010/ND-CP, of May 14, 2010). The State shall subsidize the tuition fees directly to subjects eligible for exemption or reduction of tuition fees, that attend non-public preschools and secondary, vocational schools and universities (at tuition fee levels of local public schools for public preschools and secondary education; at tuition fee levels prescribed in the Decree No. 49/2010/ND-CP, corresponding to groups of trades, professions for vocational education and undergraduate education).”

12. Clause 1 Article 10 is amended as follows:

 “1. For public early childhood education and general education: the tuition fees must be suitable for the economic conditions of each residential areas and the actual contribution capacity of people”.

13. Clause 4 Article 11 is amended as follows:

 “4. Public secondary schools and preschools that provide high-quality programs may be initiatively formulate the proportional tuition fees to defray the training cost, request submission to provincial People’s Committees  for the permission, and comply with the Regulation on openness promulgated by the Ministry of Education and Training.”

14. Clause 6 Article 12 is amended and supplemented as follows:

 “6. Tuition fee for institutions of vocational education and undergraduate education of state-owned enterprises: according to the training cost, educational institutions shall initiatively formulate the tuition fees applicable to groups of trades in principles of ensuring to cover the training cost, and report to the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs before executing. Especially for training majors supported by state budget, the tuition fee levels must comply with the frame prescribed in the Decree No. 49/2010/ND-CP. the tuition fee levels for each school year and for the whole course must be announced before the enrolment (If learners belong to subjects eligible for exemption or reduction of tuition fees at vocational and undergraduate education institutions of state-owned enterprises, the State will subsidize the tuition fees according to the ceiling tuition fee level respectively with trades, professions prescribed in the Decree No. 49/2010/ND-CP).”

15. Clause 7 Article 12 is amended and supplemented as follows:

 “7. The tuition fees for continuing education must not exceed 150% the tuition fees for formal education at the same level and for the same group of majors. The tuition fees for other short-term training and improving programs comply with agreements between education institutions and learners”

Article 2. Implementation responsibility

1. The Minister of Education and Training, the Minister of Finance and the Minister of Labor, Invalids and Social Affairs shall, within their functions and tasks, coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree.

Article 3. Effect

1. This Decree takes effect on September 01, 2013.

2. To annul tuition subsidies, reduction or exemption for subjects specified in Point dd Clause 3 Article 33 of the Government’s Decree No. 75/2006/ND-CP, of August 02, 2006, detailing and guiding the implementation of a number of articles of the Education Law.

3. To annul Clause 2 Article 2 of the Prime Minister’s Decision No. 82/2005/QD-TTg, of April 18, 2005, on preferential regime applicable to pupils, students attend the traditional and typical arts majors in cultural and art schools.

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