Chương I Luật Giáo dục nghề nghiệp 2014: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law promulgates the system of vocational education; organization and operation of the vocational education institutions; rights and obligations of organizations and individuals involved in the vocational education.

Article 2. Regulated entities

This Law shall apply to vocational training centers, vocational secondary schools, colleges; enterprises and agencies, organizations, and individuals involved in the vocational education in Vietnam.

Article 3. Interpretation of terms

For the purposes of this Law, these terms below shall be construed as follow:

1. Vocational education means a level of national education system which provides workers with elementary-level, intermediate-level, college-level vocational training and other vocational training programs in order to meet the needs of direct human resources in production, businesses and services, including: formal training and continuing training.

2. Vocational training means teaching and learning activities in order to equip trainers with necessary vocational knowledge, skills and attitudes so that they can find jobs or self-employ after completing their training courses or improve their vocational training levels.

3. Module means study units integrated comprehensively between vocational knowledge, practicing skills and attitudes in that they need to perform a task or some tasks of a particular job.

4. Credit means a unit that gives weight to the knowledge, skill, and result requirements taken in a certain time.

5. Formal training means a form of training which vocational education institutions and higher education institutions, or enterprises registering vocational education operation (hereinafter referred to as vocational education institutions) provide full-time courses in elementary-level, intermediate-level, and college-level vocational training.

6. Continuing training means a form of in-service training, correspondence training, or guided self study training regarding vocational training programs at elementary level, intermediate level, or college-level or vocational training programs and other vocational training programs, which is in a flexible manner in terms of programs, duration, methods, location to meet students’ needs.

7. Private vocational education institution or non-profit foreign-invested vocational training institution means a private vocational education institution or a foreign-invested vocational education institution whose annual accumulated profits are undivided shared assets used for reinvestment in the vocational education institution; its shareholders or capital contributing members shall not receive dividends or receive annual dividends not exceeding the interests of the Government’s bonds.

8. Enterprise means an enterprise established and operating under Law on enterprises, or a cooperative established and operating under the Law on Cooperatives or another economic organization having legal status according to the Civil Code.

Article 4. Objectives of vocational education

1. General objectives of vocational education are: provide training for personnel directly involved in production, businesses or services, who acquire proficiency equivalent to their training standards, possess professional ethics and good health, gain creative ability, adapt to the environment in the context of international integration; improve their productivity and quality; and enable students to find jobs, self employ or enter higher education.

2. Specific objectives pertaining to every level of vocational education:

a) Elementary level: equip students for abilities to perform simple tasks of a particular job;

b) Intermediate level: equip students for abilities to perform elementary-level tasks and some complicated and special tasks; apply technology to their jobs, work independently or work in groups;

c) College level: equip students for abilities to perform intermediate-level tasks and some complicated and special tasks; acquire abilities to create and apply modern technology to their jobs, instruct and observe other members in their groups in performing the tasks.

Article 5. Vocational education institutions

1. Vocational education institutions include:

a) Vocational education centers;

b) Vocational training schools;

c) Colleges.

2. Vocational education institutions shall be organized under following types:

a) Public vocational education institution is a State-owned vocational education institution, whose facilities invested and constructed by the State;

b) Private vocational education institution is a vocational education institution under ownership of a social organization, a socio-professional organization, a private economic organization or individual, or a vocational education institution invested and constructed by a social organization, a socio-professional organization, a private economic organization, or an individual;

c) Foreign-invested vocational education institution includes wholly foreign-invested vocational education institution; joint-venture vocational education institution between domestic investors and foreign investors.

Article 6. Policies of the State on vocational education development

1. Development of open, flexible, diversified system of vocational education which in the way of standardization, modernization, democratization, socialization and international integration, connectivity between levels of vocational education and between other training levels.

2. Investment in vocational education shall be given priority in the policies on socio-economic development and human resource development. The budget for vocational education shall be given priority in the total government budget expenditures on education and training and it shall be allocated according to public, transparent, and promptly rules.

3. Invest in improving training quality, develop vocational education institution network under the planning; invest in some major and high quality vocational education institutions in order to meet the needs of labor market and learning of workers and universalize vocational education to the youth.

4. The State adopts policies on classifying lower secondary school and upper secondary school graduates into vocational education institutions in conformity with every period of socio-economic development.

5. Synchronously invest in training human resource in national major disciplines, or disciplines accessing to the advanced levels of the region and the world; attach special importance to vocational education in severely disadvantaged areas, ethnic minority areas, border, island, and coastal areas; invest in training in vocations required by the labor market but that they are difficult to invest in private sector involvement.

6. The State shall invite tenders or place orders for the training pertaining to specific disciplines; disciplines of key industries; disciplines required by the labor market but they are difficult to invest in private sector involvement. The vocational education institutions are invited tenders or placed orders for training regardless of types of institutions as prescribed in this Clause.

7. Support entities with meritorious services to the Resolution, demobilized soldiers, ethnics, poverty or near poverty families, the disabled, supportless orphans, fisherman catching fishes offshore, rural-area workers directly working in agricultural production households whose farmland is withdrawn and other beneficiaries of incentive policies on education in order for they to find jobs, self-employ, or set themselves up in business; and establish gender equality in vocational education.

8. The State enables vocational education institutions to study and apply science and technology; combine training with scientific research and production, businesses, or services in order to improve training quality.

Article 7. Private sector involvement in vocational education

1. Diversify types of vocational education institutions, forms of vocational training; encourage and enable enterprises, socio-political organizations, social organizations, socio-professional organizations, other organizations, Vietnamese citizens, and foreign entities, overseas Vietnamese to establish vocational education institutions and participate in the vocational training operation.

2. Give incentive policies on socializing to any organization or individual contributing or investing in establishment of vocational education institutions as prescribed in regulations of the Government. Give incentive policies on land, taxation, credit, training of educators and administrative officials, renting of facilities to vocational education institutions and non-profit foreign-invested vocational education institutions.

3. Encourage craftsmen and skilled workers in vocational training; encourage and support in training in traditional vocations and vocations in rural areas.

4. Socio-political organizations, social organizations, socio-professional organizations must corporate with competent authorities in formulation of strategies, planning, and policies on vocational education development within their competence; and observe the implementation of the policies and regulations of vocational education as prescribed.

5. Vietnam Chamber of Commerce and Industry, enterprise associations, socio-professional organizations must formulate and assess the vocational training programs; propagate and enable enterprises to exercise their rights and fulfill their responsibility in vocational education.

Article 8. Planning for networks of vocational education institutions

1. The planning for networks of vocational education institutions shall be made according to following rules:

a) Conform to the strategies, planning for socio-economic development, and/or planning for human resource development of the country, fields, or local government, as well as investment capacity of the State, resource mobilization capacity of the social.

b) Ensure the structure of disciplines, training standards and structure of regions; the diversity and the synchronization of the vocational education system, combination of training and production, businesses and services; improvement of training quality, and meet the requirements pertaining to national industrialization, modernization and international integration.

2. Planning for networks of vocational education institutions:

a) Structure of networks of vocational education institutions and training scope according to disciplines, training standards, and types of vocational education institutions;

b) Dispose vocational education institutions in every area or local government.

c) Develop teaching staff and administrative officials of vocational education;

d) Invest in training facilities and equipment.

3. The planning for networks of vocational education institutions shall be made according to the following rules:

a) Vocational education authorities in the central government shall take charge and cooperate with relevant Ministries or agencies, the People’s Committee of central-affiliated cities and provinces (hereinafter referred to as provinces) in formulation of the planning for networks of Vietnamese vocational education institutions which is approved by the Prime Minister, and inspection of the implementation of the planning;

b) The Ministries, agencies, People’s Committee of the provinces shall formulate and approve the planning for networks of vocational education institution of their Ministries, departments, or provinces and take responsibility for the implementation according to the planning for networks of Vietnamese vocational education institutions.

Article 9. Bridge programs

1. Bridge programs shall be run according to training programs; the learners are not required to learn the completed subjects again when they reach the higher level in the same or different disciplines.

2. The Principals of the vocational training schools or colleges shall decide the modules, credits, or subjects that the students are not required learning again according to the training programs.

3. Bridge programs between levels of the vocational education shall comply with regulations of the Heads of vocational education authorities of central government; Bridge programs between levels of the vocational education and levels of higher education shall comply with regulations of the Prime Minister.