Chương VI Luật Dạy nghề 2006: Giáo viên dạy nghề, người học nghề

Chapter VI

VOCATIONAL TRAINERS AND TRAINEES

Section 1. VOCATIONAL TRAINERS

Article 58.- Vocational trainers

1. Vocational trainers are those who teach theories and practice or both in vocational training institutions.

2. Vocational trainers must meet the criteria specified in Clause 2, Article 70 of the Education Law.

3. The standard qualifications of vocational trainers are provided for as follows:

a/ Elementary vocational training theory teachers must possess intermediate vocational training diplomas or higher degrees; practice trainers must possess intermediate vocational training diplomas or higher degrees or be artisans or persons with high professional skills;

b/ Intermediate vocational training theory teachers must possess diplomas of technical teachers' training universities or specialized universities or higher levels; practice trainers must possess professional college diplomas or be artisans or persons with high professional skills;

c/ College theory teachers must possess diplomas of technical teachers' training universities or specialized universities or higher degrees; practice trainers must possess diplomas of vocational training colleges or be artisans or persons with high professional skills;

d/ Where vocational trainers defined at Points a, b or c of this Clause do not possess diplomas of technical teachers' training colleges or universities, they must possess teachers' training certificates.

Article 59.- Tasks and rights of vocational trainers

1. Vocational trainers have the tasks defined in Article 72 of the Education Law.

2. Vocational trainers have the rights defined in Article 73 of the Education Law and the following rights:

a/ To go on field trips to production establishments, approaching new technologies;

b/ To use documents, means, teaching aids and equipment and material foundations of vocational training institutions for the performance of their assigned tasks;

c/ To contribute opinions on undertakings and plans of vocational training institutions, on the formulation of programs, syllabuses and teaching methodology and matters related to their interests.

Article 60.- Recruitment and professional fostering of vocational trainers

1. Recruited vocational trainers at public vocational training institutions must satisfy the criteria specified in Clauses 2 and 3, Article 58 of this Law and comply with the provisions of law on public servants and labor law.

2. Recruited vocational trainers at private vocational training institutions must satisfy the criteria specified in Clauses 2 and 3, Article 58 of this Law and comply with the provisions of labor law.

3. The fostering for standardization, the fostering to raise professional and pedagogical qualifications, professional skills, informatics and foreign languages for vocational trainers comply with regulations of the head of the central agency in charge of state management of vocational training.

Article 61.- Guest-lecturing

1. Vocational training institutions may invite persons who meet the criteria specified in Clauses 2 and 3, Article 58 of this Law to give lectures under the guest-lecturing regime.

2. Guest lecturers shall perform the tasks defined in Article 72 of the Education Law.

3. Guest lecturers who are public servants shall fulfill the tasks at their work places.

Article 62.- Policies toward vocational trainers

1. To enjoy policies on professional training and fostering, policies on wage and policies towards teachers working in special schools, areas meeting with exceptional socio-economic difficulties specified in Articles 80, 81 and 82 of the Education Law.

2. To enjoy allowances when instructing practice in heavy, hazardous or dangerous jobs under the Government's regulations and enjoy other policies toward teachers.

Section 2. TRAINEES

Article 63.- Tasks and rights of trainees

Trainees have the tasks and rights defined in Articles 85 and 86 of the Education Law.

Article 64.- Trainees' obligation to work for a definite term

1. Graduates from vocational training courses who are enrolled by nomination or under State-ordered programs and granted scholarships, vocational training expenses or foreign funds under agreements signed with the Vietnamese State must abide by the State's mobilization for work for a definite term; if not, they must refund scholarships and vocational training expenses.

2. Graduates from vocational training courses who are granted scholarships and vocational training expenses by employers must work for the latter for a duration committed in their vocational training contracts; if failing to fulfill their commitment, they must refund scholarships and vocational training expenses.

Article 65.- Policies toward trainees

1. Trainees are entitled to scholarship and social relief policies, nomination-based enrolment regime, education credit policies, public service charge reduction or exemption policies applicable to pupils and students under the provisions of Articles 89, 90, 91 and 92 of the Education Law.

2. Graduates from boarding ethnic minority lower secondary schools or upper secondary schools, including boarding schools financed by people, are entitled to be enrolled directly into intermediate vocational training schools.

3. When switching to vocational training, pupils of boarding ethnic minority general education schools are entitled to policies applicable to pupils of boarding ethnic minority general education schools.

4. In the course of vocational training, if trainees cannot continue their study due to the performance of military service, ailments, accidents, maternity or difficulties met by their families, they are entitled to reserve their study results and may resume their vocational training to accomplish the training courses. The time for reserve of vocational training results does not exceed four years.

Article 66.- Policies toward trainees to-be-guest workers

1. The State adopts policies to organize vocational training for to-be-guest workers.

2. If trainees leave to work overseas midway, they are entitled to the reserve of their vocational training results. The time for reserve of vocational training results does not exceed four years.

Article 67.- Policies toward prize winners at trainees' contests

1. The State encourages trainees to participate in trainees' contests in order to raise their professional practice capability. Prize winners at national or international trainees' contests are commended according to the law on emulation and commendation.

2. First-, second- or third-prize winners at national trainees' contests are enrolled directly into colleges, vocational training colleges for training in disciplines compatible with those on which they have won prizes, if they possess general education diplomas or intermediate vocational training diplomas.

3. First-, second- or third-prize winners at international trainees' contests are enrolled directly into universities for training in disciplines compatible with those on which they have won prizes, if they possess general education diplomas or intermediate vocational training diplomas.