14 July, 2021, Baku
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN ON THE ESTABLISHMENT OF THE EDUCATION DEVELOPMENT FUND UNDER THE MINISTRY OF EDUCATION OF THE REPUBLIC OF AZERBAIJAN
Guided by Clause 32 of Article 109 of the Constitution of the Republic of Azerbaijan, in accordance with Clause 5.4 of Part 7 of the “State Strategy for the Development of Education in the Republic of Azerbaijan” approved by the Order No. 13 of the President of the Republic of Azerbaijan dated October 24, 2013 I hereby order:
1. The Cabinet of Ministers of the Republic of Azerbaijan shall establish the Education Development Fund with the status of a public legal entity under the Ministry of Education of the Republic of Azerbaijan within one month and inform the President of the Republic of Azerbaijan about it.
2. It should be determined that:
2.1. The Education Development Fund (hereinafter – the Fund) is a public legal entity that finances programs and projects aimed at the development of the education system in the Republic of Azerbaijan and support adaptation to the material and technical base of state educational institutions to modern requirements;
2.2. the capital of the Fund is formed from the following sources:
2.2.1. deductions from extra-budgetary funds of educational institutions (except vocational education institutions) under the Ministry of Education of the Republic of Azerbaijan (hereinafter – the Ministry), as well as the income obtained from the provision of paid educational services;
2.2.2. donations, grants and investments;
2.2.3. the income obtained from the activities of the Fund;
2.2.4. other sources not prohibited by law.
3. The fulfillment of the powers of the founder of the Fund should be entrusted to:
3.1. The Cabinet of Ministers of the Republic of Azerbaijan:
3.1.1. confirmation of the Charter of the Fund and determination of the amount of the Charter fund, making changes to them with the approval of the President of the Republic of Azerbaijan;
3.1.2. establishment of the governing bodies of the Fund;
3.1.3. the process of reorganization and liquidation of the Fund with the approval of the President of the Republic of Azerbaijan;
3.1.4. adoption of a decision provided for in Article 3.3 of the Law of the Republic of Azerbaijan “On Public Legal Entities”;
3.2. To the Ministry of Education of the Republic of Azerbaijan:
3.2.1. except for those specified in Clause 3.1 of this Decree, resolution of other issues referred to the powers of the founder of a public legal entity by Article 8.2 of the Law of the Republic of Azerbaijan “On Public Legal Entities”.
4. The Cabinet of Ministers of the Republic of Azerbaijan shall:
4.1. approve the Charter of the Fund within two months in agreement with the President of the Republic of Azerbaijan;
4.2. resolve other issues arising from this Decree.
5. The Ministry shall:
5.1. determine the amount of deductions to the Fund from extra-budgetary funds, as well as the income obtained from the provision of paid educational services within two months in order to ensure transparent, efficient and centralized management of income and costs of subordinate educational institutions (except vocational education institutions);
5.2. consider deductions from the funds to be allocated to the Fund in order to strengthen the social protection and improve the financial security of the employees of the Ministry in the course of confirming the budget and cost estimates of the Fund, in accordance with Clause 5.1 of this Decree;
5.3. to resolve other issues arising from this Decree.
Ilham Aliyev
President of the Republic of Azerbaijan
Baku, July 14, 2021