Chương IV Luật Dạy nghề 2006: Cơ sở dạy nghề

Chapter IV

VOCATIONAL TRAINING INSTITUTIONS

Section 1. ORGANIZATION AND OPERATION OF VOCATIONAL TRAINING CENTERS, PROFESSIONAL SECONDARY SCHOOLS, VOCATIONAL- TRAINING COLLEGES

Article 39.- Types of vocational training centers, professional secondary schools, vocational training colleges

1. Public vocational-training centers, professional secondary schools and vocational training colleges which are established, materially invested and supplied with funds for regular tasks by the State.

2. Private vocational-training centers, professional secondary schools and vocational training colleges which are established, materially invested and supplied with funds for regular tasks by organizations or individuals.

3. Vocational training centers, professional secondary schools and vocational training colleges which are foreign-invested and established in the form of joint venture or with 100% foreign capital with foreign organizations or individuals, overseas Vietnamese investing in the construction of material foundations and supplying funds for regular tasks.

Article 40.- Conditions for establishment of vocational training centers, professional secondary schools, vocational training colleges

1. Vocational training centers, professional secondary schools and vocational training colleges may be established when the blueprints thereon satisfy the following principal conditions:

a/ Having school establishments, classrooms, financial capability and equipment for theoretical teaching and practice suitable to training disciplines, levels and scale;

b/ Having a contingent of lecturers and administrators enough in quantity, synchronous in structure, meeting the criteria on quality, standard levels and professional skills to attain the vocational training objectives and realize the vocational training programs.

2. Specific conditions for establishment of vocational training centers, professional secondary schools and vocational training colleges shall be set by the head of the central agency in charge of state management of vocational training.

Article 41.- Competence and procedures to establish, to permit the establishment of, to suspend vocational training activities of, to permit the merger, division, separation or dissolution of, vocational training centers, professional secondary schools or vocational training colleges

1. The competence to establish public vocational training centers, professional secondary schools or vocational training colleges and permit the establishment of private vocational training centers, professional secondary schools or vocational training colleges is provided as follows:

a/ Presidents of provincial/municipal People's Committees (below collectively referred to as presidents of provincial-level People's Committees) decide to establish public vocational training centers, professional secondary schools and vocational training colleges of their respective provinces and permit the establishment of private vocational training centers, professional secondary schools and vocational training colleges in their localities;

b/ Ministers, heads of ministerial-level agencies and heads of central bodies of socio-political organizations decide to establish their attached vocational training centers and professional secondary schools;

c/ The head of the central agency in charge of state management of vocational training decides to establish public vocational training colleges and permits the establishment of private vocational training colleges.

2. Persons competent to decide on or permit the establishment of vocational training centers, professional secondary schools and vocational training colleges are competent to suspend vocational training activities of, to merge, divide, separate or dissolve such centers, schools and colleges.

3. The procedures to establish, permit the establishment of, to suspend vocational training activities of, to merge, divide, separate or dissolve vocational training centers, professional secondary schools and vocational training colleges, and the registration of their vocational training activities shall be specified by the head of the central agency in charge of state management of vocational training.

Article 42.- Suspension of vocational training activities

1. Vocational training activities of vocational training institutions defined in Articles 15, 22 and 29 of this Law are suspended when the violations of law on vocational training cause serious consequences.

2. Vocational training activities for every discipline of vocational training institutions defined in Articles 15, 22 and 29 of this Law are suspended when one of the following acts of violating the law on vocational training is committed:

a/ Failing to satisfy the conditions on school establishments and classrooms, finance, material foundations, vocational training equipment, which are specified at Point a, Clause 1, Article 40 of this Law;

b/ Failing to satisfy the conditions on the contingent of administrators and vocational trainers, which are specified at Point b, Clause 1, Article 40 of this Law.

3. The vocational training suspension duration complies with the following regulations:

a/ The suspension of vocational training activities of vocational training institutions lasts until the violations are addressed, but must not exceed 24 months. If past this time limit the violations are not yet addressed, the vocational training institutions defined in Clause 3 of Article 15, Clause 3 of Article 22 and Clause 2 of Article 29 of this Law may not continue their vocational training activities; the vocational training institutions defined in Clauses 1 and 2 of Article 15, Clauses 1 and 2 of Article 22 and Clause 1 of Article 29 of this Law shall be dissolved under the provisions of Article 43 of this Law;

b/ The suspension of vocational training activities for any discipline of vocational training institutions lasts until the violations are addressed, but must not exceed 12 months. If past this time limit the violations are not yet addressed, the vocational training institutions may not continue their vocational training activities for the discipline where the violations are not yet addressed.

Article 43.- Dissolution of vocational training centers, professional secondary schools or vocational training colleges

1. Vocational training centers, professional secondary schools or vocational training colleges are dissolved in the following cases:

a/ Their acts of violating the law on vocational training cause particularly serious consequences;

b/ Upon the expiration of the vocational training suspension, the vocational training centers, professional secondary schools or vocational training colleges still fail to address their violations;

c/ At the request of organizations or individuals that have established them;

d/ When the operation duration stated in the regulations or charters of vocational training centers, professional secondary schools or vocational training colleges expire.

2. The dissolved vocational training centers, professional secondary schools or vocational training colleges must draw up plans to settle the interests of their officials, lecturers, employees, laborers and trainees and fulfill the financial obligations according to law and submit them to persons competent to decide on or permit the establishment of vocational training centers, professional secondary schools or vocational training colleges for consideration and decision.

Article 44.- Regulations of vocational training centers, charters of professional secondary schools, charters of vocational training colleges

1. The model regulation of vocational training centers contains the following principal details:

a/ Tasks and powers of the vocational training center;

b/ Tasks and rights of trainers and trainees;

c/ The organization, operation and management of the vocational training center;

d/ The relationship between the vocational training center and enterprises as well as the society.

2. The model charter of professional secondary schools and the model charter of vocational training colleges contain the principal details specified in Clause 2, Article 52 of the Education Law.

3. The model regulation of vocational training centers, the model charter of professional secondary schools and the model charter of vocational training colleges shall be promulgated by the head of the central agency in charge of state management of vocational training.

4. Vocational training centers shall base on the model regulation to formulate their respective regulations. Professional secondary schools and vocational training colleges shall base on the model charters to formulate their respective charters.

Article 45.- Directors of vocational training centers

1. The director of a vocational training center must fully meet the following criteria:

a/ Possessing good quality and morals;

b/ Possessing a college diploma or higher degree;

c/ Being trained and fostered in management operation;

d/ Being physically fit according to regulations.

2. Competence to appoint or recognize a director of a vocational training center is provided for as follows:

a/ The person competent to decide on the establishment of a public vocational training center shall appoint the director of the attached public vocational training center;

b/ Presidents of provincial-level People's Committees shall recognize directors of private vocational training centers in their respective localities at the proposal of organizations or persons contributing capital to the establishment of such centers or individuals owning such centers.

3. Directors of vocational training centers have the following tasks and powers:

a/ To manage and administer activities of their vocational training centers;

b/ To grant elementary vocational training certificates.

4. Procedures for appointing or recognizing directors of vocational training centers comply with the regulations of the head of the central agency in charge of state management of vocational training.

Article 46.- Principals of professional secondary schools or vocational training colleges

1. The principal of a professional secondary school or vocational training college must fully meet the following criteria:

a/ Possessing good quality and morals; having practiced the vocational training or participated in vocational training administration for at least 5 years;

b/ Possessing a university diploma or higher degree, for principals of professional secondary schools; a master or higher degree, for principals of vocational training colleges;

c/ Having been trained or fostered in management operation;

d/ Being physically fit according to regulations.

2. Competence to appoint and recognize principals of professional secondary schools and principals of vocational training colleges is provided for as follows:

a/ Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, heads of central bodies of socio-political organizations appoint principals of their attached public professional secondary schools and principals of their attached public vocational training colleges.

b/ Provincial-level People's Committee presidents recognize principals of private professional secondary schools in their respective localities at the proposal of the managing boards or individuals being owners of those schools;

c/ The head of the central agency in charge of state management of vocational training recognizes principals of private vocational training colleges at the proposal of the managing boards or individuals being owners of the schools.

3. Principals of professional secondary schools and principals of vocational training colleges have the following tasks and powers:

a/ To manage and administer activities of their schools;

b/ Principals of professional secondary schools grant intermediate vocational training diplomas and elementary vocational training certificates; principals of vocational training colleges grant college diplomas, intermediate vocational training diplomas and elementary vocational training certificates.

4. Procedures for appointment and recognition of principals of professional secondary schools and principals of vocational training colleges comply with the regulations of the head of the central agency in charge of state management of vocational training.

Article 47.- School councils

1. A school council shall be set up for public professional secondary schools and vocational training colleges; a management council shall be set up for private professional secondary schools and vocational training colleges with two or more capital-contributing members (below collectively referred to as school councils).

2. A school council has the following tasks and powers:

a/ To decide on school development orientations, objectives, plans and projects;

b/ To decide on the school's charter or on the amendment and supplementation thereof for submission to competent authorities for approval;

c/ To decide to mobilize and supervise the use of school resources.

d/ To supervise the materialization of its resolutions, regulations on democracy in activities of the school.

3. Procedures for establishment, the organizational structure, specific tasks and powers of school councils are provided in the model charter of professional secondary schools and model charter of vocational training colleges.

Article 48.- Party organizations, mass organizations, social organizations in vocational training centers, professional secondary schools, vocational training colleges

Communist Party of Vietnam organizations, mass organizations and social organizations in vocational training centers, professional secondary schools and vocational training colleges operate under their respective charters and the provisions of law.

Article 49.- Advisory councils, vocational training program- and syllabus- appraising councils in vocational training centers, professional secondary schools, vocational training colleges

1. Advisory councils in vocational training centers, professional secondary schools or vocational training colleges are set up by their directors or principals to gather comments of trainers, administrators and representatives of various organizations in those centers or schools in order to perform a number of tasks and powers of the directors or principals.

2. A vocational training program- and syllabus- appraising council is an advisory council assisting the director or principal in approving the program and syllabuses. An appraising council comprises vocational trainers, administrators, scientists, technicians and employers knowledgeable about vocations. It is composed of between five and nine members, depending on the to-be-appraised programs or syllabuses.

3. The organization, operation, tasks and powers of advisory councils and vocational training program- and syllabus- appraising councils are provided by the directors or principals.

Article 50.- Tasks and powers of vocational training centers, professional secondary schools, vocational training colleges

1. Vocational training centers, professional secondary schools and vocational training colleges have the tasks, powers, autonomy and accountability prescribed in Articles 58, 59 and 60 of the Education Law.

2. Apart from the tasks and powers defined in Clause 1 of this Article, vocational training centers, professional secondary schools and vocational training colleges also have the following tasks and powers:

a/ To provide free-of-charge consultancy on vocational training and employment for trainees;

b/ To organize study tours and practice at enterprises for trainees;

c/ To enter into vocational training joint ventures or associations with enterprises, domestic organizations and individuals, foreign organizations and individuals;

d/ To set up enterprises and organize production, business or service activities under provisions of law;

e/ To integrate the teaching of languages, customs and relevant law of the countries where laborers go to work and relevant Vietnamese law into vocational training programs when organizing vocational training for laborers who go to work overseas.

Section 2. FOREIGN-INVESTED VOCATIONAL TRAINING CENTERS, PROFESSIONAL SECONDARY SCHOOLS, VOCATIONAL TRAINING COLLEGES

Article 51.- Foreign-invested vocational training centers, professional secondary schools, vocational training colleges

1. Foreign-invested vocational training centers, professional secondary schools and vocational training colleges have their legitimate rights and interests protected by the Vietnamese State under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Foreign-invested vocational training centers, professional secondary schools and vocational training colleges shall conduct vocational training activities under the provisions of this Law and relevant laws.

Article 52.- Establishment of foreign-invested vocational training centers, professional secondary schools or vocational training colleges

1. Foreign-invested vocational training centers, professional secondary schools and vocational training colleges may be set up when the following conditions are fully met:

a/ Having an adequate contingent of administrators and trainers;

b/ Having school establishments, equipment for theoretical teaching and practice suitable to the training vocations, levels and scale;

c/ Having bank's written certification of the charter capital.

2. Competent state management agencies in charge of investment shall grant investment certificates to foreign-invested vocational training centers, professional secondary schools or vocational training colleges when the conditions specified in Clause 1 of this Article are fully met and the written agreement of competent state management agencies in charge of vocational training is available.

Section 3. POLICIES TOWARD VOCATIONAL TRAINING INSTITUTIONS

Article 53.- Policies toward vocational training institutions

1. The State adopts policies on assignment or lease of land or material foundations, on credit incentives, tax exemption or reduction for vocational training institutions under the provisions of law; exempts taxes under the provisions of law for products created from vocational training activities in service of vocational training establishments.

2. People's Committees at all levels shall create favorable conditions for vocational training institutions, other training institutions and scientists to disseminate scientific and technical advances and to transfer technologies, especially in the domains of agriculture, forestry and fishery.

3. Private vocational training institutions enjoy policies specified in Articles 65, 66, 67 and 68 of the Education Law.

Article 54.- Policies toward vocational training institutions which admit boarding pupils of ethnic minority and vocational training institutions which train Vietnamese laborers who go to work overseas

1. The State adopts investment policies to ensure conditions for vocational training institutions to receive boarding pupils of ethnic minority for vocational training after their graduation from general education schools.

2. The State adopts policies to support vocational training institutions in developing vocations to meet the vocational training demand of laborers who go to work overseas.