Decision 24/2022/QD-TTg support teachers in non-public primary education institutions facing difficulties due to COVID-19

DECISION

On implementation of policies to support managers, teachers and employees in non-public early childhood education and primary education institutions facing difficulties due to the COVID-19 pandemic

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Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the National Assembly’s Resolution No. 30/2021/QH15 dated July 28, 2021 on the first session of the XV^th National Assembly;

Pursuant to the Government’s Decree No. 39/2022/ND-CP dated June 18, 2022 on promulgating the Working Regulation of the Government;

Pursuant to the Government’s Resolution No. 103/NQ-CP dated August 11, 2022 on policies to support managers, teachers and employees in non-public early childhood education and primary education institutions facing difficulties due to the COVID-19 pandemic;

At the proposal of the Minister of Education and Training;

The Prime Minister promulgates the Decision on implementation of policies to support managers, teachers and employees in non-public early childhood education and primary education institutions facing difficulties due to the COVID-19 pandemic.

Article 1. Scope of regulation

This Decision defines the implementation of policies to support managers, teachers and employees working in private and people-founded early childhood education institutions (including childcare groups, pre-primary classes, early childhood classes, private and people-founded nursery schools, pre-primary schools and early childhood schools); SOS pre-primary schools and early childhood schools; private primary schools, private multi-level general education schools including primary level, Hermann Gmeiner schools including primary level in the SOS Children’s Village system in Vietnam, which have been licensed by the competent authority to establish and operate under regulations, and have to suspend their operations at the request of competent state agencies to prevent and control the COVID-19 pandemic (hereinafter referred to as non-public education institutions).

Article 2. Beneficiaries

Managers, teachers and employees working in non-public education institutions include: Principals, vice principals, teachers, employees, team leaders, deputy team leaders, professional managers; owners of institutions, owners of class groups, owners of childcare groups fully satisfying the criteria as specified in the Law on Education, charters of early childhood schools, organization and operation regulations of private and people-founded childcare groups, pre-primary classes, early childhood classes that participate in tasks of teachers, employees (hereinafter referred to as managers, teachers and employees).

Article 3. Conditions

The managers, teachers and employees shall be entitled to enjoy the policy if satisfying the following conditions:

1. Being a person who is working at a non-public education institution before the institution has to suspend operations at the request of competent state agencies to prevent and control the COVID-19 pandemic from May 01, 2021, to the end of December 31, 2021.

2. Taking unpaid leave for one month or more from May 01, 2021, to the end of December 31, 2021.

3. Not yet enjoying the support policy for employees having their contracts suspended or unpaid leave as prescribed in Clauses 4, 5, 6, Section II of the Government’s Resolution No. 68/NQ-CP dated July 01, 2021 on policies to support employees and employers facing difficulties due to the COVID-19 pandemic, the Government’s Resolution No. 126/NQ-CP dated October 08, 2021 on amending and supplementing the Government’s Resolution No. 68/NQ-CP dated July 01, 2021, on policies to support employees and employers facing difficulties due to the COVID-19 pandemic(hereinafter referred to as Resolution No. 68/NQ-CP) due to not participating in compulsory social insurance.

4. Having a certificate of working at a non-public education institution, including non-public education institution where he/she had worked for, or other non-public education institution in case the non-public education institution where he/she had worked for does not resume its operations, at least until the end of the school year of 2021 - 2022, according to the locality’s school year plan.

Article 4. Supporting amounts

1. Managers, teachers, and employees who have not yet been entitled to local support policies applicable to groups of employees who do not have labor contracts and a number of other specific subjects as prescribed in Clause 12, Section II of Resolution No. 68/NQ-CP shall be entitled to a one-off support of VND 3,700,000/person.

2. Managers, teachers and employees who have been entitled to local support policies as prescribed in Clause 12, Section II of Resolution No. 68/NQ-CP shall be entitled to a one-off support of VND 2,200,000/person.

Article 5. Dossier of request for support

1. For managers, teachers and employees: A written request for support, made according to Form No. 01 in the Appendix to this Decision (hereinafter referred to as Form No. 01).

2. For non-public education institutions: 01 List of managers, teachers and employees requesting the support, made according to Form No. 02 in the Appendix to this Decision (hereinafter referred to as Form No. 02) and a copy (certification is not required) of labor contracts signed with managers, teachers, employees or a copy (certification is not required) of payroll of April 2021.

Article 6. Order and procedures

1. Request for support

a) Managers, teachers, and employees shall send a written request for support, made according to Form No. 01 to their non-public education institutions where they had worked until the end of the 2021-2022 school year and that are currently working, or relevant non-public education institutions which are currently operating after the consolidation or merger;

b) Managers, teachers and employees that have been worked in a non-public education institution until the end of school year 2021 - 2022 but such education institution has been dissolved or suspended its operation shall send a written request for support, made according to Form No. 01 to People's Committees of communes, wards or townships (hereinafter referred to as commune-level People's Committees) where childcare groups, pre-primary classes, early childhood classes were formerly located, or to Education and Training Divisions of districts, towns or cities directly under provinces or cities (hereinafter referred to as district-level Education and Training Divisions) where private nursery schools, pre-primary schools, early childhood schools and primary schools, private multi-level general education schools including primary level, SOS pre-primary schools and early childhood schools, Hermann Gmeiner schools including primary level in the SOS Children’s Village system are located.

2. Confirmation of information

a) For the subjects specified at Point a, Clause 1 of this Article, the owners of institutions, owners of class groups, owners of childcare groups or principals shall confirm the accuracy of the information stated in Form No. 01;

b) For the subjects specified at Point b, Clause 1 of this Article, commune-level People’s Committees or district-level Education and Training Divisions shall, based on non-public education institution management files kept at the units (lists of salary payment, labor contracts), confirm the accuracy of the information stated in Form No. 01.

3. Preparation of lists of requesters for support

a) For the subjects specified at Point a, Clause 1 of this Article, the owners of institutions, owners of class groups, owners of childcare groups or principals shall make a list of requesters for support according to Form No. 02. The lists are made in batches for maximum 5 working days and are sent to: commune-level People's Committees of the localities where childcare groups, pre-primary classes, early childhood classes were formerly located, or to district-level Education and Training Divisions of the localities where private nursery schools, pre-primary schools, early childhood schools and primary schools, private multi-level general education schools including primary level, SOS pre-primary schools and early childhood schools, Hermann Gmeiner schools including primary level in the SOS Children’s Village system are located;

b) For the subjects specified at Point b, Clause 1 of this Article, the commune-level People's Committees or district-level Education and Training Divisions shall make a list of requesters for support according to Form No. 02. The lists are made in batches for maximum 5 working days.

4. Posting of lists

Commune-level People's Committees or district-level Education and Training Divisions shall receive dossiers of request for support and post the lists, made according to Form No. 02 within 03 working days at the non-public education institutions where the managers, teachers, employees had worked and that are still operating, and at the commune-level People's Committees or district-level Education and Training Divisions. In case of receiving comments on the support subjects and conditions, within 2 working days, the commune-level People's Committees, district-level Education and Training Divisions shall implement the verification to ensure the beneficiaries and support conditions as prescribed in this Decision.

5. Submitting lists and support funds to district-level People's Committees for approval

Within 02 working days, after the time limit for posting and verification of comments (if any), the commune-level People's Committees, district-level Education and Training Divisions shall submit the lists and support funds to district-level People's Committees for approval.

6. Issuance of decisions on approval of lists and support funds

Within 02 working days from the date of receipt of requests for approval, the district-level People's Committees shall issue a decision on approval of lists and support funds. In case of refusal, the district-level People's Committees shall notify in writing and clearly state the reason.

7. Payment of support

Within 03 working days from the date of issuance of the decision on approval of lists and support funds, the district-level People's Committees shall direct their specialized divisions to transfer the support funds to non-public education institutions to pay for the subjects specified at Point a, Clause 1 of this Article, or directly pay to the subjects specified at Point b, Clause 1 of this Article.

8. Managers, teachers, and employees that had been enjoyed the local support policies under Clause 12 Section II of the Resolution No. 68/NQ-CP shall send a written request for support, made according to Form No. 01 to district-level Education and Training Divisions in order to submit them to the district-level People's Committees for promulgation of decision on additional support based on the submitted dossiers for local support without implementation of the above-mentioned order and procedures.

Article 7. Implementation duration

Commune-level People's Committees, district-level Education and Training Divisions shall receive dossiers of support request from managers, teachers and employees until the end of December 31, 2022.

Article 8. Organization of implementation

1. The Ministry of Education and Training shall

a) Assume the prime responsibility for, and coordinate with relevant agencies in, inspecting and urging the implementation of this Decision, promptly proposing the Prime Minister solutions to remove arising difficulties and problems;

b) Monitor, synthesize and update reports on results of support under this Decision.

2. The Ministry of Finance shall

Ensure state budget sources for the implementation of policies specified in this Decision.

3. People's Committees of provinces and centrally-run cities shall

Take responsibility for organizing the implementation of the contents specified in this Decision. Report on the results of support to the Ministry of Education and Training upon request.

4. The Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, Fatherland Front of localities, trade union organizations at all levels and socio-political organizations and unions are required to participate in disseminating, coordinating in implementation and supervision of the implementation of this Decision.

5. Agencies, organizations and individuals that abuse the policies prescribed in this Decision to make personal profits and violate the law, upon the nature and seriousness of the violation, shall be required to make compensation, be disciplined, administratively sanctioned or prosecuted for penal liability in accordance with law regulations.

Article 9. Effect

1. This Decision takes effect on the signing date.

2. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities and heads of related agencies and units shall take responsibility for the implementation of this Decision.

* All Appendices are not translated herein.