Chương III Luật Dạy nghề 2006: Tuyển sinh học nghề,hợp đồng học nghề; thi, kiểm tra

Chapter III

ENROLMENT OF TRAINEES, VOCATIONAL TRAINING CONTRACTS, EXAMS AND TESTS

Article 34.- Enrolment of trainees

1. Enrolment of elementary vocational trainees is carried out in the form of consideration and enrolment.

2. Enrolment of intermediate vocational trainees is carried out in the form of consideration and enrolment.

3. Enrolment of collegial vocational trainees is carried out in the form of consideration and enrolment or exams and enrolment.

4. Cases entitled to direct enrolment into vocational training colleges cover:

a/ Persons holding intermediate vocational training diplomas of satisfactory or higher levels and registering to study the same disciplines;

b/ Persons holding intermediate vocational training diplomas and registering to study the same disciplines if they have worked on their trained vocations for at least two years.

5. Enrolment of vocational trainees is carried out once or many times in a year, depending on the training capability of vocational training institutions, the duration of training courses and the demands of trainees or enterprises.

6. The Regulation on enrolment of vocational trainees is promulgated by the head of the central agency in charge of state management of vocational training.

Article 35.- Vocational training contracts

1. Vocational training contract mean the agreement on the rights and obligations between the head of a vocational training institution and a trainee.

2. Vocational training contracts must be concluded in writing in the following cases:

a/ Enterprises recruit people for vocational training to work for them;

b/ Vocational training is conducted at foreign-invested vocational training institutions.

3. Vocational training contracts are concluded verbally or in writing in the following cases of:

a/ Hand-down of professions;

b/ Professional apprentice at enterprises.

4. Vocational training contracts are concluded directly between heads of vocational training institutions and trainees. If a contract is concluded in writing, it must be made in two copies of equal validity, each kept by a contracting party.

Article 36.- Contents of vocational training contracts

1. A vocational training contract contains the following details:

a/ The name of the training discipline, professional skills expected to reach.

b/ The venues of training and practice;

c/ The completion time of the training course;

d/ The training charge and mode of payment;

e/ Each contracting party's liabilities to pay damages upon contractual breach;

f/ Other agreements not contrary to law and social ethics.

2. If enterprises recruit people for training to work for them, apart from the contents specified in Clause 1 of this Article, a vocational training contract must also cover the following contents:

a/ Trainee's commitment on the duration of working for the enterprise;

b/ The enterprise's commitment to conclude a labor contract after completing the training course;

c/ Remuneration paid to trainee who directly turns out or participates in turning out products for the enterprise during his/her vocational training.

3. Contracts on vocational training in the form of professional apprentice at enterprises must, apart from the contents defined in Clause 1 of this Article, contain agreements on the time of commencing payment of remuneration and the levels of remuneration according to each period of time.

Article 37.- Termination of vocational training contracts

1. Trainees who unilaterally terminate their vocational training contracts shall not be refunded their school fees. If trainees leave for the reasons of performance of their military service obligations or ailment, accidents or maternity which render them poor health or difficulties confronting their families which make them unable to continue their vocational training, they shall be refunded a school fee amount corresponding to the remaining study duration.

2. Vocational training institutions that unilaterally terminate vocational training contracts shall notify trainees thereof at least three working days in advance and fully refund the collected school fee amounts, except for force majeure cases provided by civil law.

3. If trainees are recruited for vocational training to work for enterprises but decline to work as committed, they shall repay vocational training expenses. The repayment levels shall be agreed upon by the two parties under vocational training contracts.

Vocational training expenses cover reasonable expenses for lecturers, documents, expenses for practice materials, workshop and machinery amortization and other expenses already paid for trainees.

Article 38.- Exams, tests

1. Exams and tests in the vocational training process cover periodical tests; tests at the end of modules or study subjects under the promulgated programs; graduation exams or course-end tests.

2. The head of the central agency in charge of state management of vocational training shall promulgate regulations on exams and tests.