Resolution 103/NQ-CP 2022 support teachers in non-public primary schools facing difficulties due to COVID-19

RESOLUTION

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

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law 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 Government’s Decree No. 39/2022/ND-CP dated June 18, 2022, on promulgating the Working Regulation of the Government;

Pursuant to the National Assembly's Resolution No. 30/2021/QH15 dated July 28, 2021, at the first session of the 15^th National Assembly;

Pursuant to the Government’s Resolution No. 12/NQ-CP dated January 30, 2022, on the Government’s regular meeting in January 2022;

At the proposal of the Minister of Education and Training in the Report No. 582/TTr-BGDDT dated May 31, 2022.

RESOLVES:

Faced with the impact of the COVID-19 pandemic on the education sector, especially non-public early childhood and primary education, the Government decides to implement policies to support managers, teachers and employees in non-public early childhood and primary education institutions facing difficulties due to the COVID-19 pandemic as follows:

I. OBJECTIVES AND PRINCIPLES

1. Objectives

To support managers, teachers and employees in non-public early childhood and primary education institutions facing difficulties due to the COVID-19 pandemic, contribute to stabilizing the team and avoid disruption of the source providing experienced human resources for non-public early childhood and primary education institutions, ensure the safety of children and students, help parents with early childhood and primary school age children feel secure to work, contributing to enterprises’ production recovery, socio-economic development, life assurance and social security.

2. Principles

a) Ensuring support for the right beneficiaries in a public and transparent manner, avoiding the situation of taking advantage of policies.

b) Creating favorable conditions for administrative procedures for managers, teachers, employees and non-public preschool and primary education institutions to easily access policies.

c) Beneficiaries who have been entitled to policies for employees having their contracts suspended or unpaid leave under Clauses 4, 5, 6, Section II, Resolution No. 68/NQ-CP dated July 01, 2021, Resolution No. 126/NQ-CP dated October 08, 2021, of the Government on policies to support employees and employers facing difficulties due to the COVID-19 pandemic (hereinafter referred to as Resolution No. 68/NQ-CP) shall not be supported. Beneficiaries who voluntarily refuse to benefit from the policies shall not be supported. In case a beneficiary is eligible for more than one policy, the highest support policy shall be applied.

d) Ensuring the feasibility and effectiveness of the policies and resources for the implementation thereof.

dd) Promoting the initiative of all levels, sectors and localities on the basis of their actual conditions in flexibly deploying the support policies to ensure the objectives and principles in a timely manner.

e) The support from the state budget shall be implemented as follows:

Provinces and cities that have to remit over 60% of their revenues to the Central-level budget shall self-fund for the implementation.

The Central-level budget shall support other localities on the following principles:

- 80% of the actual expenditures as prescribed in this Resolution, for the mountainous provinces and the Central Highlands.

- 60% of the actual expenditures as prescribed in this Resolution, for the provinces that have not yet balanced their budgets (other than the mountainous provinces and the Central Highlands).

- 40% of the actual expenditures as prescribed in this Resolution, for other provinces and municipalities that have to remit a proportion of their revenues to the Central-level budget.

The provinces and centrally-run cities shall actively use 50% of the local budget’s contingency funds (at provincial, district and commune levels) and 70% of the local financial reserve funds to implement the principles and support policies prescribed in this Resolution.

II SUPPORT CONTENTS

1. Subjects: Managers, teachers and employees in private and people-founded early childhood education institutions; private primary education institutions; SOS pre-primary school and kindergarten, Hermann Gmeiner Primary School 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).

2. Managers, teachers and employees satisfying the following conditions shall be entitled to the policies:

- 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;

- Taking unpaid leave for one1 month or more from May 0, 2021, to the end of December 31, 2021;

- 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 Resolution No. 68/NQ-CP due to not participating in compulsory social insurance;

- 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 institutions 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.

3. Support level:

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.

 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

4. Implementation duration: Until the end of December 31, 2022.

III. IMPLEMENTATION ORGANIZATION

1. The Ministry of Education and Training shall

a) Assume the prime responsibility for, and coordinate with concerned agencies in, submitting to the Prime Minister for promulgation a Decision to implement the contents prescribed in Section II of this Resolution according to the simplified order and procedures.

b) Assume the prime responsibility for, and coordinate with relevant agencies in, inspecting and urging the implementation of the Resolution, promptly proposing the Government and the Prime Minister solutions to remove arising difficulties and problems.

2. The Ministry of Finance shall

a) Ensure the state budget sources to implement the policies prescribed in this Resolution.

b) Based on the provisions of this Resolution, relevant laws and regulations, and the actual expenditures of the localities (certified by the State Treasury), timely consider and allocate funds from the Central-level budget to each locality, at the same time periodically summarize and report the results to the Prime Minister.

In case the local budget is not enough to implement, the Ministry of Finance shall, based on the request of the provincial-level People’s Committee, additionally allocate funds from the central budget for the local budget with a maximum amount equal to 70% of the proposed support amount from central budget for timely implementation. After the localities send the reports on result of spending local budget (actual state budget expenditure certified by the State Treasury, localities shall take responsibility for the reporting data), the Ministry of Finance shall additionally allocate or withdraw the central budget estimates, based on the actual support amount according to regulations, and summarize and report to the Prime Minister.

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

a) Direct specialized agencies and People's Committees at all levels to identify and approve the list of beneficiaries of the regime specified in Section II of this Resolution; organize the implementation in a timely, effective and public manner to the right beneficiaries, avoiding the situation of taking advantage of policies.

b) Use local sources to support VND 1,500,000/person for managers, teachers and employees who have not yet enjoyed local policies as prescribed in Clause 12, Section II of Resolution No. 68/NQ-CP and implement policies specified in Section II of this Resolution; report the implementation results according to the support schedule, submit it to the Ministry of Finance for summarization and submission to competent authorities for support.

c) Based on the conditions and actual situation, the provincial-level People’s Committee shall report to the provincial-level People’s Council to supplement beneficiaries, and prescribe a higher level of support than those specified in Section II of this Resolution. Funding for this support shall be covered by the local budget and other lawfully mobilized sources.

4. The Central Committee of the Vietnam Fatherland Front, Vietnam General Confederation of Labor and socio-political mass organizations are requested to disseminate this Resolution, coordinate in and supervise the implementation of this Resolution.

5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and Chairpersons of provincial-level People’s Committees shall be responsible to the Government and Prime Minister for the implementation of this Resolution and the result thereof.