Chương I Luật Dạy nghề 2006: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Law provides for the organization and operation of vocational training institutions; rights and obligations of organizations and individuals participating in vocational training activities.

Article 2.- Subjects of application

This Law applies to organizations and individuals participating in vocational training activities and organizations and individuals involved in vocational training activities in Vietnam.

Article 3.- Application of the Law on Vocational Training

1. Vocational training activities and management of vocational training comply with the provisions of this Law and relevant laws.

2. Where treaties to which the Socialist Republic of Vietnam is a contracting party contain provisions different from those of this Law, the provisions of such treaties prevail.

Article 4.- Objectives of vocational training

Vocational training aims to train technical personnel directly involved in production or services to have professional-practice capabilities commensurate to the training degrees, to possess professional ethics and conscience, sense of discipline, industrial working style and good health with a view to creating conditions for trainees to find jobs after their graduation, to create jobs for themselves or to further their study, meeting the requirements of national industrialization and modernization.

Article 5.- Interpretation of terms

In this Law, the terms below are construed as follows:

1. Vocational training means activities of teaching and learning, which aim to equip trainees with necessary professional knowledge, skills and attitudes so that they can find jobs or self-employ after the completion of their training courses.

2. Modules means study units integrated comprehensively between professional knowledge, practicing skills and professional behaviors with a view to helping trainees acquire the capability to practice completely a job of a profession.

3. Framework programs provide for the content structure, quantity and time volume of modules, study subjects, time ratios between theory and practice, ensuring the objectives of each training discipline.

4. Professional skills standards set the performance extent and the knowledge, skills and attitudes needed for the performance of different jobs of a profession.

Article 6.- Vocational training degrees

There are three degrees in vocational training: the elementary degree, the intermediate degree and the collegial degree. The vocational training covers formal training and continuing training.

Article 7.- State policies on vocational training development

1. To invest in the expansion of a network of vocational training institutions and raise the quality of vocational training, contributing to assuring human resources in service of national industrialization and modernization; contributing to the specialization of lower or upper secondary education graduates; creating conditions for the universalization of vocations for youths and meeting the job-learning demands of laborers; providing vocational training for laborers going to work overseas.

2. To make focal and key investments so as to renew vocational training contents, programs and methods, develop a contingent of trainers, modernize equipment and intensify scientific research with a view to raising the quality of vocational training; to concentrate on building a number of vocational training institutions up to the advanced levels of the region and the world; to attach importance to developing vocational training in areas facing exceptionally difficult socio-economic conditions; to invest in training in vocations demanded by the labor market, which is hardly socialized.

3. To socialize vocational training activities, encouraging Vietnamese and foreign organizations and individuals as well as overseas Vietnamese to set up vocational training institutions and participate in vocational training activities. To encourage artisans and persons with high professional skills to participate in vocational training; to encourage and support training in traditional and rural crafts. Vocational training institutions are equal in vocational training activities and enjoy land, tax and credit incentives according to law.

4. To support policy beneficiaries including people with meritorious services to the country, demobilized armymen, ethnic minority people, members of poor households, disabled or handicapped persons, supportless orphans, direct laborers in agricultural households with farm land recovered and other social- policy beneficiaries with a view to creating opportunities for them to learn vocations in order to find jobs or self-employ, earn their living and make a fortune.

Article 8.- Transferability in training

1. Transferability in training is realized, based on training programs; trainees who further their study from lower to higher degree in the same disciplines or shift to other disciplines or other training degrees are not required to re-study the contents they have learned.

2. Principals of schools specified in Articles 22 and 29 of this Law shall base themselves on vocational training programs to decide on modules, study subjects or contents which trainees shall re-study.

3. The head of the central agency in charge of state management of vocational training shall direct the formulation of vocational training programs to ensure transferability between different degrees in vocational training.

4. The Education and Training Minister shall assume the prime responsibility for, and coordinate with the head of the central agency in charge of state management of vocational training in, providing for transferability between the intermediate and collegial levels and the university level of the same disciplines.

Article 9.- Prohibited acts in vocational training

1. Taking advantage of vocational training activities to seek personal profits, abuse labor force.

2. Hurting the honor or dignity, infringing upon the bodies of trainers, administrators or staff members of vocational training institutions or of trainees.

3. Committing fraudulence in enrolment of trainees, examinations, tests, grant of professional diplomas and certificates.