Decree No. 74/2013/ND-CP dated July 15, 2013 of the Government amending and supplementing some articles the Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government 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 school year 2010 – 2011 to 2014 – 2015

THE GOVERNMENT

Decree No. 74/2013/ND-CP dated July 15, 2013 of the Government amending and supplementing some articles the Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government 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 school year 2010 – 2011 to 2014 – 2015

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

Pursuant to the Law on Education dated June 14, 2005;

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

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

Pursuant to the Resolution No. 35/2009/QH12 of the 12^th National Assembly in the 5^th meeting on policies on changes in financial mechanism for education and training from the school year 2010 – 2011 to 2014 – 2015;

At the request of the Minister of Education and Training,

The Government promulgates the Decree amending and supplementing a number of articles of the Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government 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 school year 2010 – 2011 to 2014 – 2015.

Article 1.To amend and supplement a number of articles of the Government s Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government 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 school year 2010 – 2011 to 2014 – 2015 as follows:

1. To amend and supplement Clause 1 of Article 4 as follows:

“1. People with meritorious services to the revolution and next of kin of people with meritorious services to the revolution as stipulated under the Ordinance No. 26/2005/PL-UBTVQH11 dated June 29, 2005 and the Ordinance No.04/2012/UBTVQH13dated July 16, 2012 amending and supplementing a number of articles of Ordinance on preferential who have contributed to the revolution.”

2. To annul the regulations under Clause 2 of Article 4.

3. To amend and supplement Clause 5 of Article 4 as follows:

“5. Children at preschool education institutions and high school students whose parents being poor households under the Prime Minister’s regulations.”

4. To amend and supplement Clause 9 of Article 4 as follows:

“9. Pupils and students of vocational training institutions and university institutions are ethnic minority people being poor household and near-poor households under the Prime Minister’s regulations.”

5. To supplement Clauses 10, 11 and 12 of Article 4 Subjectsentitled totuitionexemptionas follows:

“10. Students who are major in Marxist-Leninist and Ho Chi Minh s Thought.

11.Students who are major in tuberculosis, psychiatry, forensic medicine, anatomy.

12. Pupils and students are ethnic minority people in the areas meeting with exceptional socio-economic difficulties.”

6. To amend and supplement Clause 1 of Article 5 as follows:

“1. Subjects entitled to enjoy 70% of tuition reduction include: Pupils and students who are major in ceremonial music and songs, traditional operetta, classical drama, reformed theatre, dance, circus; some hardworking and dangerous. The list of jobs and works that are hard, hazardous, dangerous is regulated by the Ministry of Labor, War Invalids and Social Affairs.”

7. To supplement Point b Clause 2 of Article 5 as follows:

“b. Children at preschool education institutions and high school students whose parents being under near-poor households as stipulated under the Prime Minister’s regulations.”

8. To amend and supplement Point c Clause 2 Article 5 as follows:

“c. Students who graduated from the secondary school study at vocational training institutions and Professional secondary school.”

9. To annul the regulations under Clause 1 of Article 6.

10. To amend Clause 3 of Article 6 as follows:

“3. Children at preschool education institutions and high school students whose parents being under poor households as stipulated under the Prime Minister’s regulations.”

11. To amend and supplement Clause 2 of Article 7 as follows:

“2. The State shall grant the tuition fee directly for preschool education institutions, high school and vocational institutions and public university institutions having subjects entitled to enjoy tuition reduction or exemption according to the real number of learners and tuition fee rate (the granting rate for preschool education institutions, university institutions based on the industry groups is stipulated under the Decree No. 49/2010/ND-CP dated May 14, 2010 of the Government). The State shall grant directly to the subjects entitled to enjoy tuition fee reduction or exemption studying at preschool education institutions, high school, vocational institutions and private university institutions (according to the tuition fee rate of public university in areas for preschool education institutions, high school; according to the tuition fee rate as stipulated under the Decree No. 49/2010/ND-CP equivalent to the industry groups for vocational education and university institutions).”

12. To amend Clause 2 of Article 10 as follows:

“1. for preschool education institutions and public high school education: tuition fee rate must be suitable with the economic condition of each residential areas and real contribution ability of people.”

13. To amend Clause 4 of Article 11 as follows:

“4. The high quality preschool education institutions and public high school are allowed to set up the equivalent tuition fee rate to make up for the training fee, submit to the provincial People’s Committee for permission and must implement the Regulation on financial publicity stipulated by the Ministry of Education and Training”.

14. To amend and supplement Clause 6 of Article 13 as follows:

“6. Tuition fee rate for vocational education institutions and university institutions of the state enterprises: based on the training fee, educational institutions shall set up the tuition fee rate for each major based on the principle of making up for training fee and report to the Ministry of Education and Training, Ministry of Labor, Invalids and Social Affairs before implementing. For majors supported by the State Budget, tuition fee rate must be in accordance with the rate regulated under the Decree No. 49/2010/ND-CP. The tuition fee rate must be published for each school year and have the tentative tuition fee rate for the whole school year (In case that learners are under the subjects entitled to tuition reduction or exemption studying at vocational education institutions and university institutions of the State enterprises, the State shall grant the tuition fee according to the tuition fee floor rate equivalent to the industry and major as stipulated under the Decree No. 49/2010/ND-CP.”

15. To amend and supplement Clause 7 of Article 12 as follows:

“7. Tuition fee for continuing education must not exceed 150% full time tuition fee rate of the same grade and training sector. Tuition fee for other short term training courses is agreed between the educational institutions and learners.”

Article 2. Implementation responsibility

1. The Minister of Education and Training, the Minister of Finance and the Minister of Labor, War Invalids and Social Affairs, within their scope and responsibility, shall coordinate with related 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 chairpersons of provincial-level People s Committees shall implement this Decree.

Article 3. Effect

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

2. This Decree annulsscholarships, tuition subsidies, reduction or exemptionfor subjects under Point dd Clause 3 Article 33 of the Decree No. 75/2006/ND-CP datedAugust 02, 2006on detailing and guiding the implementation of a number of articles of the Education Law.

3. This Decree annuls Clause 2 Article 2 of the Decision No. 82/2005/QD-TTg dated April 18, 2005 of the Prime Minister on describing preferences for students of the traditional arts departments in cultural and art school and colleges.

For the Government

The Prime Minister

Nguyen Tan Dung