Nghị định 105/2020/NĐ-CP quy định chính sách phát triển giáo dục mầm non
THE
GOVERNMENT
——-
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
No.
105/2020/ND-CP
Hanoi,
September 08, 2020
DECREE
PROVIDING FOR EARLY CHILDHOOD EDUCATION DEVELOPMENT POLICIES
Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Law on Children dated April
05, 2016;
Pursuant to the Education Law dated June 14,
2019;
At the request of the Minister of Education
and Training;
The Government hereby promulgates a Decree
providing for early childhood education development policies.
Chapter I
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Article 1. Scope and
regulated entities
1. Scope
This Decree provides for early childhood
education development policies mentioned in Clauses 1 and 2 Article 27 and
Clause 2 Article 81 of the Education Law.
2. Regulated entities
This Decree is applicable to junior kindergarten
centers and independent junior kindergarten classes; senior kindergartens and
independent senior kindergarten classes; and combined kindergartens and
independent preschool classes (hereinafter collectively referred to as
“preschool institutions”); and relevant organizations and individuals.
Article 2. Definitions
For the purposes of this Decree, the terms below
shall be construed as follows:
1. “preschool institution located near an
industrial park” means a preschool institution that is located in the same
district as an industrial park granted the establishment license by the
competent authority in accordance with regulations of laws on industrial parks
and provides care and education for children of workers of the industrial park.
2. “independent preschool institutions” refers
to a type of other educational institutions in the national educational system,
including independent junior kindergarten classes, independent senior
kindergarten classes and independent preschool classes granted the
establishment license as per the law.
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4. “extra hour preschool services” means
services that provide care and education for preschool children outside of
class hours as per the law.
5. “pickup services” refers to services that
transport preschool children from their home to a preschool institution and
vice versa.
Chapter II
POLICIES FOR INVESTMENT
IN AND PRIORITIZED DEVELOPMENT OF EARLY CHILDHOOD EDUCATION
Article 3. Preschool center
and class investment policy
1. Allocate more funding from central government
budget and local government budget to invest in facilities under programs and
projects to strengthen preschool centers and classes, ensure that each
center/class has 01 room by 2025; add more work items or build new ones with
the aim of meeting standards for preschool facilities.
2. It is encouraged to attract private resources
for investment in preschool facilities in any shape or form as per the law.
3. Allocate land for preschool institutions in
local land use plans; strengthen and develop kindergartens and preschool
classes within the socio-economic capacity of each locality with the aim of
standardization, modernization, privatization and international integration;
provide early childhood education for all children aged five.
Article 4. Policy for
prioritized early childhood education development in communes with exceptional
socio-economic difficulties and communes in disadvantaged areas
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2. State budget shall contribute to meal
preparation for students of public preschool institutions located in communes
with exceptional socio-economic difficulties, in coastal communes with
exceptional difficulties, on islands and in communes in disadvantaged areas
stipulated by the Prime Minister in accordance with regulations in Clause 3
herein.
3. Funding contribution for children’s meal
preparation
a) Funding contributed to preparation of meals
for preschool children shall be calculated based on number of children having
lunch at school, with the minimum rate being VND 2.400.000 for 45 children in
one month. Regarding the remaining children besides the initial 45, for every
next 20 to 45 children, the preschool institution may receive the
abovementioned amount once for each month. Each preschool institution may
receive a maximum of 05 times of the abovementioned amount for a month and
shall not receive funding for more than 9 months in one year.
b) Implementing method
At the time of preparation of state budget
estimate every year, based on the number of children currently enrolled, each
public preschool institution shall prepare an estimate in accordance with the
regulations in Clause 2 herein and other regulatory requirements and send it to
the bureau of education and training, which shall send a consolidated estimate
to the finance authority at the same level for appraisal and propose it to the
body with competence in funding approval according to regulations of the Law on
State Budget.
Article 5. Benefits offered
to people-founded or private independent preschool institutions located near an
industrial park or in area with large number of workers
1. Entities eligible for the benefits
People-founded or private independent preschool
institutions which are located near an industrial park granted the
establishment license by the competent authority in accordance with regulations
of law and at least 30% of the students of which are children of workers of the
industrial park are eligible for the benefits.
2. Benefits
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3. Implementing method
Pursuant to regulations of Clause 2 herein and
depending on capacity of local government budget and number of eligible
independent preschool institutions in each province, the provincial People’s
Committee shall formulate and propose a benefits provision plan and plan for
inspection of benefit provision and use of funding by receiving independent
preschool institutions to the People’s Council of the province for approval and
implementation, and ensure that the preschool institutions receive the benefits
before June 30 of each year.
Article 6. Incentive
policies for organizations and individuals investing in early childhood
education development
1. Investors making an investment in early
childhood education are eligible for incentive land, tax and credit policies
and incentive policies for privatization as prescribed by law.
2. Investors making an investment in early
childhood education are eligible for benefits offered to investment in
establishment of preschool institutions in the form of public-private
partnership as prescribed by laws on investment.
3. Public preschool institutions may provide
some public services not funded by state budget such as semi-boarding services,
extra hour preschool services and pickup services.
Depending on socio-economic situation of each
province, the provincial People’s Committee shall draw up list of services,
stipulate economic-technical norms as well as price bracket and price of each
service, and propose them to the People’s Council of the province for decision.
Chapter III
BENEFITS FOR PRESCHOOL
CHILDREN
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1. Persons eligible for the benefit
Preschool-aged children (excluding children of
ethnic minorities with sparse population provided for in the Government’s
Decree No. 57/2017/ND-CP dated May 09, 2017 on admission priority and learning
assistance policies for preschool children and students of ethnic minorities
with sparse population) who are enrolled in senior kindergarten classes of
preschool institutions and meet one of the following conditions:
a) Permanent residence of the child’s father or
mother or the child is located in a village with exceptional difficulties, a
commune with exceptional socio-economic difficulties or a coastal commune with
exceptional difficulties or on an island stipulated by the Prime Minister.
b) The child has no caregiver as provided for in
Clause 1 Article 5 of the Government’s Decree No. 136/2013/ND-CP dated October
21, 2013 on social assistance benefits for beneficiaries.
c) The child is a part of a poor or near-poor
household stipulated by the Prime Minister.
d) The child’s parent is a revolutionary war
martyr, Hero of the People’s Armed Forces, war invalid, person entitled to
benefits offered to war invalids, or sick soldier; or another type of
beneficiary provided for in the Ordinance on benefits offered to people with
meritorious services to revolutions (if any).
dd) The child has a physical disability and is
receiving inclusive education.
2. Benefit
A child meeting the conditions stated in Clause
1 herein is entitled to VND 160.000 of lunch money each month. The child may
receive this amount for every month in which they are enrolled in school but no
more than 9 months/academic year.
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a) A parent or the caregiver of a child meeting
the condition stated in Point a Clause 1 of this Article shall submit one of
the following documents:
– A copy together with the authentic copy for
comparison or certified true copy of the family registry or ID number of the
child or the child’s parent or caregiver;
– Written confirmation of the child’s permanent
residence from the police (in case the family registry is missing).
b) A parent or the caregiver of a child meeting
the condition stated in Point b Clause 1 of this Article shall submit one of
the following documents:
– A copy together with the authentic copy for
comparison or certified true copy of the decision on grant of benefit by the
chairperson of the commune-level People’s Committee;
– A copy together with the authentic copy for
comparison or certified true copy of a written confirmation from the
commune-level People’s Committee or social protection establishment that the
child is orphaned or abandoned or is one of the other cases provided for in
Clause 1 Article 5 of the Government’s Decree No. 136/2013/ND-CP dated October
21, 2013 on social assistance benefits for beneficiaries;
– A copy together with the authentic copy for
comparison or certified true copy of the adoption certificate for if the child
is orphaned or abandoned or is one of the other cases provided for in Clause 1
Article 5 of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013
on social assistance benefits for beneficiaries.
c) A parent or the caregiver of a child meeting
the condition stated in Point c Clause 1 of this Article shall submit a copy
together with the authentic copy for comparison or certified true copy of a
poor or near-poor household certificate issued by the commune-level People’s
Committee.
d) A parent or the caregiver of a child meeting
the condition stated in Point d Clause 1 of this Article shall submit a copy
together with the authentic copy for comparison or certified true copy of a
written confirmation from the regulatory body managing the person with
meritorious services to a revolution mentioned in Point d Clause 1 herein and
the child’s birth certificate.
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4. Application procedures
In August of every year, each preschool
institution shall provide parents or caregivers of children entitled to the
benefit with information and guidelines concerning application for the benefit;
Within 15 working days starting from the date on
which the preschool institution provides the information, parents or caregivers
of the qualified children shall submit 01 application in person or by post or
online, which shall contain the documents provided for in Clause 3 herein, to
the preschool institution. Only 01 application is required for the whole time
during which the child is enrolled at the preschool institution. For the
children meeting the condition stated in Point c Clause 1 herein, the poor or
near-poor household certificate shall be resubmitted for each academic year;
The preschool institution shall receive and
review each application’s components. If an application contains a copy not yet
certified by the competent authority, the person receiving the application
shall compare the copy with the authentic copy and countersign it to add it to
the application, and request any document missing or against requirements from
the applicant. After receiving the valid application, the preschool institution
shall provide the applicant with a written confirmation of such receipt. For
applications sent by posts or online and against requirements, within 05
working days, the preschool institution shall send a notification of
application rejection and the reason for such rejection to the applicant;
Within 10 working days after the application
deadline, the preschool institution shall draw up a list of children eligible
for the lunch assistance benefit (using Form No. 01 in Appendix enclosed
therewith) and send it together with the applications prepared in accordance
with regulations in Clause 3 herein to the supervisory bureau of education and
training for consideration and consolidation;
Within 07 working days after the date on which
the applications from the preschool institution are received, the bureau of
education and training shall appraise the applications, draw up a list of
children eligible for the lunch assistance benefit (using Form No. 02 in
Appendix enclosed therewith) and send it to the finance authority at the same
level, which shall propose it to the district-level People’s Committee for
approval according to regulations of the Law on State Budget;
Within 07 working days after the date on which
the documents from the bureau of education and training are received, the
district-level People’s Committee shall approve of the list of children
eligible for the lunch assistance benefit and notify the preschool institution
of the result;
After the list of children eligible for the
lunch assistance benefit is approved by the competent authority, the preschool
institution shall announce the list and provide the benefit.
5. Implementing methods
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b) Depending on actual management situation and
lunch arrangement of each preschool institution, the leader of the institution
shall discuss with the representative committee of students’ parents to choose
one of the two following methods:
– Method 1: the institution keeps the lunch
assistance funding to provide lunch for the children (for preschool
institutions preparing lunch for their students);
– Method 2: directly provide the benefit in cash
for parents or caregivers of the children in accordance with regulations in
Point a Clause 5 herein.
The preschool institution shall take
responsibility for receipt of funding for lunch assistance benefit and payment
of such benefit. Depending on actual management situation and lunch arrangement
of the institution, the leader of the institution shall discuss with the
representative committee of students’ parents to decide on one of the two
abovementioned methods.
c) If a child’s parent or caregiver does not
receive the benefit within the time limit mentioned in Point a Clause 5 herein,
they may receive it in the next benefit provision period.
d) If a child moves to another preschool
institution, the old institution shall return the application for lunch
assistance benefit to the child’s parent or caregiver. The new institution
shall report the child’s case to the bureau of education and training, which
shall propose to the chairperson of the district-level People’s Committee for
issuance of a decision to transfer funding or provide additional funding for
the new institution to offer lunch assistance benefit to the child in
accordance with regulations in Point a Clause 5 herein.
dd) If a child quits school, the preschool
institution shall report to the bureau of education and training, which shall
propose cessation of benefit provision to the district-level People’s
Committee.
Article 8. Benefit offered
to preschool children of workers of industrial parks
1. Persons eligible for the benefit
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2. Benefit
A child meeting the conditions stated in Clause
1 herein is entitled to at least VND 160.000 each month. The child may receive
this amount for every month in which they are enrolled in school but no more
than 9 months/academic year.
The provincial People’s Committee shall decide
the benefit rate as suitable for the province’s budget and propose it to the
People’s Council at the same level for consideration and decision.
3. Application components
a) An application for benefits offered to
preschool children of workers of industrial parks (made using Form No. 03 in
Appendix enclosed therewith) with confirmation from the employer of the child’s
parent or caregiver;
b) The child’s birth certificate or family
registry or written confirmation of temporary residence (copy sent together
with the authentic copy for comparison or certified true copy).
4. Application procedures and implementing
method
a) Application procedures
In August of every year, each preschool
institution shall provide parents or caregivers of children entitled to the
benefit with information and guidelines concerning application for the benefit;
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The preschool institution shall receive and
review each application’s components. If an application contains a copy not yet
certified by the competent authority, the person receiving the application
shall compare the copy with the authentic copy and countersign it to add it to
the application, and request any document missing or against requirements from
the applicant. After receiving the valid application, the preschool institution
shall provide the applicant with a written confirmation of such receipt. For applications
sent by posts or online and against requirements, within 05 working days, the
preschool institution shall send a notification of application rejection and
the reason for such rejection to the applicant;
Within 10 working days after the application
deadline, the preschool institution shall draw up a list of children eligible
for the benefit and send it together with the applications prepared in
accordance with regulations in Clause 3 herein to the supervisory bureau of
education and training for consideration and consolidation; legal
representatives of people-founded/private preschool institutions shall take
full responsibility for this list;
Within 07 working days after the date on which
the applications from the preschool institution are received, the bureau of
education and training shall appraise the applications, draw up a list of
children eligible for the benefit and send it to the finance authority at the
same level, which shall submit it to the district-level People’s Committee for
approval according to regulations of the Law on State Budget;
Within 07 working days after the date on which
the documents from the bureau of education and training are received, the
district-level People’s Committee shall approve of the list of children
eligible for the benefit and notify the preschool institution of the result;
After the list of children eligible for the
benefit is approved by the competent authority, the preschool institution shall
announce the list.
b) Implementing method
The preschool institution shall take
responsibility for receipt of funding for the benefit and directly provide the
benefit in cash for parents or caregivers of the eligible children;
The benefit shall be provided twice in an
academic year: the benefit for the first 4 months shall be provided in November
or December of every year; and the benefit for the remaining months shall be
provided in March or April of every year;
If a child’s parent or caregiver does not
receive the benefit within the given time limit, they may receive it in the
next benefit provision period;
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Chapter IV
BENEFITS FOR EARLY
CHILDHOOD EDUCATION TEACHERS
Article 9. Benefit for early
childhood education teachers in charge of multi-grade classes or improvement of
Vietnamese proficiency of ethnic minority children
1. Persons eligible for the benefit
Early childhood education teachers teaching at
branches of public preschool institutions located in communes with exceptional
socio-economic difficulties, in coastal communes with exceptional difficulties,
on islands and in communes in disadvantaged areas stipulated by the Prime
Minister and meeting one of the following conditions:
a) Directly teach 02 sessions/day in a
multi-grade junior kindergarten class or senior kindergarten class with
students of at least 2 age groups.
b) Directly teach for the purpose of Vietnamese
proficiency improvement in a multi-grade junior kindergarten class or senior
kindergarten class with ethnic minority students.
2. Benefit
A teacher meeting the conditions stated in
Clause 1 herein is entitled to VND 450.000 each month (four hundred fifty thousand
dong each month). The teacher may receive this amount for every month in which
they teach but no more than 9 months/academic year.
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(028) 3930 3279
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0906 22 99 66
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3. Implementing method
At the time of preparation of state budget
estimate every year, each preschool institution shall draw up a list of
teachers eligible for the benefit (using Form No. 04 in Appendix enclosed
therewith) and send it to the bureau of education and training, which shall
send a consolidated list to the finance authority at the same level for
appraisal, and propose it to the body with competence in funding approval
according to regulations of the Law on State Budget.
For preschool institutions affiliated to a
department of education and training or another regulatory body, the head of
each institution shall submit the list of eligible teachers to the
institution’s supervisory body and to the bureau of education and training of
the district where the institution is located for monitoring and consolidation
purposes.
Article 10. Benefit offered
to early childhood education teachers working in people-founded or private
preschool institutions located near an industrial park
1. Persons eligible for the benefit
Early childhood education teachers currently
working in people-founded or private preschool institutions granted the
establishment license by the competent authority, operating under the law and
located near an industrial park, and satisfying the following conditions:
– Meet the standards for the title of early
childhood education teacher as prescribed by law;
– Work under a labor contract with the legal
representative of the people-founded or private preschool institution;
– Directly provide care and education for
students of a junior kindergarten class/senior kindergarten class at least 30%
of the students of which are children of workers of the industrial park.
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(028) 3930 3279
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0906 22 99 66
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A teacher meeting the conditions stated in
Clause 1 herein is entitled to at least VND 800.000 each month (eight hundred
thousand dong each month).
Number of teachers that may receive the benefit
of public preschool institutions per existing regulations is applicable to
people-founded or private preschool institutions.
The teacher may receive this amount for every
month in which they teach. This benefit shall be separated from the salary
agreed upon between the head of the people-founded or private preschool
institution and the teacher and not be included in the basis for calculation of
social insurance, health insurance and unemployment insurance.
The provincial People’s Committee shall decide
the benefit rate as suitable for the province’s budget and propose it to the
People’s Council at the same level for consideration and decision.
3. Application components and procedures:
a) Application components
– List of teachers eligible for the benefit
(made using Form No. 05 in Appendix enclosed therewith);
– Copy sent together with the authentic copy for
comparison or certified true copy of each eligible teacher’s labor contract.
b) Application procedures
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Within 10 working days after the date on which
the application from the preschool institution is received, the bureau of
education and training shall appraise the application, consolidate list of
teachers eligible for the benefit and send it to the finance authority at the
same level, which shall propose it to the competent authority for approval
according to regulations of the Law on State Budget;
Within 07 working days starting from the date on
which the documents from the bureau of education and training are received, the
district-level People’s Committee shall approve of the list of teachers
eligible for the benefit and notify the preschool institution of the result;
After the list of teachers eligible for the
benefit is approved by the competent authority, the preschool institution shall
announce the list.
c) Implementing method
The preschool institution shall take
responsibility for receipt of funding for the benefit and directly provide the
benefit for the eligible teachers in cash or via transfer;
The benefit shall be provided twice in an
academic year: the first time shall be in December of every year; and the
benefit for the remaining months shall be provided in May of every year;
If a teacher does not receive the benefit within
the given time limit, they may receive it in the next benefit provision period;
If a teacher stops working at the institution,
the institution shall report to the bureau of education and training, which
shall propose cessation of benefit provision to the district-level People’s
Committee.
Article 11. Benefits
concerning provision of documents and reimbursement of training costs offered
to teachers of people-founded or private preschool institutions
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Early childhood education teachers (including
principals, vice principals, heads of junior kindergarten classes and
department heads) currently working in people-founded or private preschool
institutions granted the establishment license by the competent authority and
operating under the law.
2. Benefits
The State shall provide teachers meeting the
conditions stated in Clause 1 herein with documents and reimburse training
costs when these teachers participate in refresher or training courses. These
teachers are entitled to the benefit rate offered to teachers of public
preschool institutions having the same qualifications when they participate in
refresher or training courses according to regulations.
On an annual basis, based on the training plan
of the bureau of education and training, each people-founded or private
preschool institution shall draw up a list of teachers participating in the training
and send it to the bureau of education and training, which shall prepare a
consolidated list and cost estimate, propose them to the competent authority
for approval and provide the benefits as prescribed by law.
Chapter V
IMPLEMENTATION
Article 12. Funding sources
and funding management
1. The policies provided for in this Decree
shall be funded by:
a) State budget, including local
government budget; and central government budget from which funding is
allocated to assist local governments in compliance with regulations of the Law
on State Budget, Law on Public Investment and applicable guidelines thereof.
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(028) 3930 3279
DĐ:
0906 22 99 66
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– Funding from central government budget shall
be allocated to local government budget to cover the policies provided for in
Articles 4, 7 and 9 of this Decree.
b) Private funding for education and other
funding sources legally mobilized.
2. Estimate preparation and management, use and
settlement of funding for the policies provided for herein shall be carried out
in accordance with applicable regulations of the Law on State Budget, Law on
Accounting and Law on Public Investment and existing guidelines thereof.
Article 13. Responsibilities
of ministries and central authorities
1. The Ministry of Education and Training shall:
a) Take charge and cooperate with relevant
ministries and central authorities in directing local governments to implement
this Decree;
b) Inspect and evaluate implementation of this
Decree according to regulations.
2. The Ministry of Finance shall ensure funding
for the policies provided for in this Decree according to existing budget
decentralization regulations.
3. The Ministry of Planning and Investment shall
take charge of submitting consolidated annual and mid-term public investment
plans to fund programs and projects concerning provision of facilities to
preschool institutions approved by competent authorities in compliance with
regulations of the Law on Public Investment and guidelines thereof.
…
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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5. The Central Committee of the Vietnam Fatherland
Front and members thereof shall cooperate in promoting, expediting, supervising
and put forward propositions concerning implementation of the policies provided
for in this Decree intra vires.
Article 14.
Responsibilities of People’s Committees of provinces and central-affiliated
cities
1. Provide direction and guidelines for
implementation of the policies provided for herein in their provinces/cities
according to regulations of this Decree; inspect and monitor such
implementation and submit annual reports on such implementation to the Ministry
of Education and Training and relevant ministries and central authorities.
2. Ensure funding for the policies provided for
in this Decree.
3. Prepare and report annual budget estimate to
the provincial People’s Council for decision on solutions adopted to ensure
balance of financial resources for implementation of the policies in each
province/city; inspect and audit adherence to estimate and budget settlement of
affiliated budget estimate units in compliance with regulations of the Law on
State Budget and Law on Public Investment and applicable guidelines thereof.
Chapter VI
IMPLEMENTATION
CLAUSE
Article 15. Effect
1. This Decree comes into force from November
01, 2020.
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. Benefits offered to early childhood education
teachers provided for in Clause 1 Article 7 and Clause 1 Article 8 of the
Government’s Decree No. 06/2018/ND-CP dated January 05, 2018 on lunch
assistance benefits for preschool children and benefits for early childhood
education teachers are applicable until the end of 2021.
Article 16. Implementing
responsibilities
1. The Minister of Education and Training shall
organize implementation of the policies provided for in this Decree.
2. Ministers, heads of ministerial-level
agencies, heads of Governmental agencies, chairpersons of People’s Committees
of provinces and central-affiliated cities and relevant organizations and
individuals shall implement this Decree./.
P.P. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
