Chương II Luật Giáo dục nghề nghiệp 2014: Cơ sở giáo dục nghề nghiệp

Chapter II

VOCATIONAL EDUCATION INSTITUTIONS

Section 1. Organization of vocational education institutions

Article 10. Organizational structure of vocational education institutions

1. Organizational structure of a public or private vocational training school or college includes:

a) School councils of public vocational training schools, or colleges; Board of Directors of private vocational training schools or colleges;

b) Principals, Vice Principals;

c) Administrative departments;

d) Faculties, or subjects;

dd) Advisory boards;

e) School branch; organizations for scientific and technology research; organizations for training services, scientific research and application development; internal business facilities (if any).

2. Organizational structure of a public or private vocational training center includes:

a) Directors, Deputy Directors;

b) Administrative departments;

c) Subjects;

d) Advisory boards;

dd) Organizations for training services; internal business facilities (if any).

3. The foreign-invested vocational education institutions shall be given autonomy in organizational structure.

Article 11. School councils

1. The School council shall be established in a public vocational training school or college.

2. The School council is an administrative organization representing the ownership of the school, which has following tasks and entitlement:

a) Decide guidelines, objectives, strategies, planning, development plans and Regulation on the organization and operation of the school;

b) Decide guidelines on training and international cooperation;

c) Decide policies on use of finance, assets and guidelines on development investment as prescribed;

d) Decide the organizational structure of the school; the establishment, acquisition, division, dissolution of the organizations of the school; and requests for dismissing the Principal from his position;

dd) Observe the implementation of Resolutions of the School council, the implementation of democratic regulations in the school.

3. Members of the School council:

a) The Principal, Vice Principals, Secretaries of party committees, President of Trade Union, Secretaries of Communist Youth Union of Ho Chi Minh City, representatives of educators and departments, faculties, or internal business facilities of the school (if any);

b) Representatives of the senior authority or representatives of the relevant internal business facilities.

4. The President of the School council is appointed or dismissed by the Head of the competent agency. Requirements applied to the President of the School council are similar to the requirements applied to the Principal as prescribed in Clause 2 Article 14 of this Law.

5. Tenure of the School council is 05 years and according to the tenure of the Principal. The School council operates on the principle of collectives, under the majority rule.

6. Competence, procedures for establishment, number, organizational structure, specific tasks and power of the School council; tasks and entitlement of the President, or Secretary of the School council; the appointment, discharge, or dismissal of the President or members of the School council shall comply with the Regulations of the vocational training schools, Regulations of the colleges and Regulation on the organization and operation of vocational education institutions.

Article 12. Board of Directors

1. The Board of Directors shall be set up in the private vocational training schools or colleges.

2. The Board of Directors which is the only representative of owners of the school shall have the following tasks and entitlement:

a) Implement Resolutions of the General meeting of shareholders;

b) Decide guidelines, objectives, strategies, planning, or plans for development and regulations on organization and operation of the school;

c) Decide the organizational structure of the school; the establishment, acquisition, division, or dissolution of the organizations of the school; the appointment, discharge, or dismissal of the Principal and request for recognition or non-recognition of the Principal from the competent authorities;

d) Decide the guidelines on training activities and international cooperation;

dd) Decide the organization, personnel, finance, assets and guidelines on investment and development of the school;

e) Observe the implementation of the Resolutions of the Board of Directors, the General meeting of shareholders, and the implementation of the democratic regulations of the school.

3. Members of the Board of Directors shall consist of:

a) Representatives of the organizations or individuals holding a certain number of shares as prescribed;

b) The Principal, representatives of vocational education authorities of local government where the vocational education institution is located or representatives of the relevant internal business facilities;

c) Representatives of the Communist Parties, Unions; representatives of educators.

4. The President of the Board of Directors elected by the Board of Directors under the majority rule and ballot.

The President of the Board of Directors is the owner of school’s account and takes legal responsibility for the management of finance and assets of the school. The President of the Board of Directors may authorize the Principal to be the representative of the account, and exercise rights and fulfill obligations similarly to the account owner within his authorized scope.

5. The tenure of the Board of Directors is 5 years. The Board of Directors shall operate on the principle of collectives and under the majority rule.

6. The procedures for establishment, members, tasks and entitlement of the Board of Directors; requirements, tasks and entitlement of the President and Secretary of the Board of Directors as regulated in the Regulations of the vocational training schools, colleges and Regulations on organization and operation of vocational education institutions.

Article 13. Directors of vocational education centers

1. The Director of a vocational education center is the leader of the center, the representative of the center who takes legal responsibility and manages operation of the vocational education center.

Tenure of the Director of the vocational education center is 05 years.

2. The Director of the vocational education center must:

a) Have moral virtue;

b) Have at least a college degree;

c) Have completed refresher courses in vocational education management;

d) Attain fitness.

3. The Director of the vocational education center shall have following tasks and entitlement:

a) Issue regulations of the vocational education centers;

b) Decide the establishment, acquisition, division, or dissolution of the organizations of the vocational education centers; the appointment, discharge and dismissal of people occupying leader or vice leader positions in the organizations of the center;

c) Formulate the planning and develop teaching staff and administrative officials; decide the structure, number of employees and efficiency wages; employ officials and workers according to the needs of the vocational education center; conclude employment contract, labor contract, manage and use officials, workers and terminate the contract as prescribed;

d) Provide training activities, international cooperation, assess vocational education quality and cooperate with enterprises in the vocational training institution; offer career counseling to high school students;

dd) Manage the facilities, assets, and finance and use mobilized resource effectively to serve the operation of the vocational education centers as prescribed;

e) Follow the information and report regime and inspection or observation as prescribed;

g) Formulate and implement the democratic regulations in the institution; subject to the observation of the individual, organization, or unions in the vocational education centers;

h) Send a report on result of tasks and entitlement to the senior agency every year;

i) Other tasks and entitlement as prescribed.

4. Competence in appointment, recognition, discharge or dismissal of the Director of the vocational education center:

a) The competent persons deciding the establishment of the public vocational education center may appoint, discharge, or dismiss the Directors of the public vocational education centers affiliated to that center;

b) The President of the People’s Committee of the province may recognize or not recognize the Directors of the private vocational education centers in the administrative divisions at the request of the capital contributing members of the centers or the organizations or individuals which are the owner of private vocational education centers.

5. Procedures for the appointment, recognition, discharge or dismissal of the Director of vocational education center shall comply with the Regulations of vocational education centers.

Article 14. Principals of vocational training schools or colleges

1. The Principal of vocational training schools or colleges is the leader of the vocational training schools or the colleges, the representative who takes legal responsibility and manages the operation of the school. Tenure of the Principal is 05 years. The Principal shall be appointed and appointed again at the end of the tenure and not exceeding two consecutive tenures.

The Principal of a public vocational training school or college shall be the owner of the school’s account, take legal responsibility for the management of finance and assets of the school.

2. The Principal of the vocational training school or college must:

a) Have moral virtue, have at least 5-year experience of teaching or management of vocational education;

b) Have at least a Bachelor’s degree regarding the Principal of the vocational training school; have at least a Master’s degree regarding the Principal of the college;

c) Have completed refresher courses in vocational education management;

d) Attain fitness; ensure the age to participate in at least one tenure of the Principal regarding the appointment of the Principal of the public vocational training schools or colleges.

3. The Principal of the vocational training school or college must:

a) Issue the regulations of the vocational training schools or colleges according to the Resolutions of the School council or the Board of Directors;

b) Implement Resolutions of the School council or the Board of Directors;

c) Decide the establishment, acquisition, division, or dissolution of the organizations of the school according to the Resolutions of the School council or the Board of Directors; the appointment, discharge or dismissal of the leader or vice leader positions in organizations of the school.

d) Formulate the planning and develop teaching staff, administrative officials; decide the structure, number of employees and efficiency wages; employ officials and workers according to the demand of the vocational education center; conclude employment contract, labor contract, manage and use officials, workers and terminate the contract as prescribed;

dd) Provide training activities, international cooperation, assess vocational education quality and cooperate with enterprises in the organization of vocational training;

e) Manage the facilities, assets, and finance and use mobilized resource effectively to serve the operation of the vocational education centers as prescribed;

g) Report and subject to the inspection or observation as prescribed;

h) Formulate and implement the democratic in the institution; subject to the observation of the individuals, organizations or unions in the school;

i) Send a report on result of performance of the Principal and the School managing board to the School council or the Board of Directors every year;

k) Other tasks and entitlement as prescribed.

4. Competence in appointment, recognition, discharge or dismissal of the Director of the vocational education schools or colleges:

a) Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces, leaders of socio-political organizations may appoint, discharge or dismiss the Principal of the public affiliated vocational training schools or colleges;

b) The President of the People’s Committee of the province may recognize or not recognize the Principals of the private vocational training schools in the administrative divisions at the request of the Board of Directors;

c) The Heads of vocational education authorities in the central government may recognize or not recognize the Principals of private colleges at the request of the Board of Directors.

5. Procedures for appointment, recognition, discharge or dismissal of the Principals of vocational training schools or colleges shall comply with the Regulations of the vocational training schools or Regulations of the colleges.

Article 15. Advisory board

1. The Advisory board in the vocational education institution shall be set up by the Head of the vocational education institution in order to offer advice to the Head of the vocational education institution on the implementation of his tasks and entitlement.

2. The organization, operation, tasks and entitlement of the Advisory board shall be regulated by the Head of the vocational education institution.

Article 16. Branches of the vocational training schools or colleges

1. A branch of a vocational training school or a vocational college shall be in the organizational structure and subject to the management of the Principal of the vocational training school or the vocational college. The branch of a vocational training school or a vocational college does not have independent legal status, is located in the central-affiliated city or province other than the province where the head office of the vocational training school or the vocational college is located, and subject to the State management as prescribed.

2. The branch of the vocational training school or the vocational college shall perform the tasks according to the management of the Principal of the vocational training school or the vocational college, send a report on operation of the branch to the Head of the vocational training school or the vocational college, or to the competent authority where the branch is located.

3. Requirements pertaining to the establishment or permission for the establishment; competence and procedures for the establishment or permission for the establishment, registration of vocational education operation relating to the branch of the vocational training school or the vocational college shall comply with Article 18 and Article 19 of this Law.

Article 17. Organizations of the Communist Party of Vietnam, unions, social organizations in the vocational education institutions

1. Organizations of the Communist Party of Vietnam, unions, and social organizations in the vocational education institutions established and operated under the Regulations of their organizations and Constitution and law.

2. The vocational education institution must enable the organizations of the Communist Party, unions and social organizations to be established and operated under regulations of Clause 1 of this Article.

Article 18. Establishment, acquisition, division or permission for establishment, acquisition, division of vocational education institutions

1. The vocational education institution is established or permitted for establishment if there is a project satisfying requirements as prescribed in regulations of the Prime Minister on vocational education authorities in the central government and it comply with the approved planning for networks of vocational education institutions.

2. The foreign-invested vocational education institution must satisfy requirements as prescribed in Clause 1 of this Article and other requirements as prescribed in law on investment.

3. The vocational education institution for the disabled must satisfy the requirements as prescribed in Clause 1, Clause 2 of this Article and the following requirements:

a) There are training facilities, equipment, learning materials, method and duration of training compliant with the disabled. The buildings serving the study of the disabled must satisfy technical regulations and standards as prescribed in law on construction;

b) There are teaching staff having qualification and teaching skills for the disabled.

4. The acquisition, division or separation of vocational education institutions must:

a) Conform to the planning for networks of vocational education institutions and meet requirements pertaining to socio-economic development;

b) Ensure the interests of the educators, civil servants, workers and students; and improve the quality and effect of vocational education.

5. The Heads of vocational education authorities in the central government shall impose specific regulations on requirements pertaining to the establishment, acquisition, division or permission for the establishment, acquisition, or division of the vocational education institutions.

6. Competence in establishment, acquisition, or division or permission for establishment, acquisition, or division of vocational education institutions:

a) The President of People’s Committee of province shall decide the establishment of vocational education centers, public vocational training schools of central-affiliated cities and provinces; permit the establishment of private vocational education centers or vocational training schools and foreign-invested vocational education centers or vocational training schools in the administrative divisions;

b) Ministers, Heads of ministerial-level agencies, Heads of socio-political organizations in the central governments shall decide the establishment of vocational education centers, or public vocational training schools affiliated to their authorities or organizations.

c) The Heads of vocational education authorities in the central government shall decide the establishment of public colleges; permit the establishment of private colleges or foreign-invested colleges;

d) The competent persons establishing or permitting the establishment of vocational education institutions may make acquisition or division or permit the acquisition or division of the institutions.

7. Procedures for the establishment, acquisition, or division, or permission for establishment, acquisition, or division of public or private vocational education centers, vocational training schools, or colleges shall comply with regulation of the Heads of vocational education authorities.

Procedures for the establishment, acquisition, or division, or permission for establishment, acquisition, or division of foreign-invested vocational education institutions shall comply with regulations of the Government.

Article 19. Registration of vocational education

1. A vocational education institution, a higher education institution, or an enterprise shall be granted the Certificate in vocational education registration if it meets all requirements below:

a) There is a decision on establishment or a permission for establishment;

b) There is land, facilities, or equipment meeting requirements pertaining to training activities according to the commitment;

c) There are sufficient training programs, teaching and learning materials as prescribed;

d) There are teaching staff and administrative officials of vocational education who have equalizations and sufficient quantity, uniform structure;

dd) There is necessary finance resource as prescribed to ensure the maintenance and development of the vocational education;

e) There are regulations on organization and operation.

2. The vocational education institution may only enroll students or provide training when it is granted the Certificate in vocational education registration.

3. The vocational education institution wishing change the information in the Certificate in vocational education registration shall apply for additional registration to the competent authority.

4. The Heads of vocational education authorities in the central government shall provide regulations on requirements, competence and procedures for issuance, revocation of the Certificate of vocational education registration or the Certificate of additional registration of vocational education.

Article 20. Suspension of vocational education

1. A vocational education institution shall be suspended its vocational education operation in the following cases:

a) Commit fraud acts in order to be established or permitted for establishment or receive the Certificate in vocational education registration;

b) Do not satisfy one of requirements as prescribed in Clause 1 Article 19 of this Law;

c) Organize vocational education activities when it is not granted the Certificate in vocational education registration;

d) Commit violations against law on vocational education and face administrative penalty on suspension of activities;

dd) Other cases as prescribed.

2. The Decision on suspension of vocational education activities must contain reasons for the suspension, deadline for suspension, measures ensuring lawful interests of the educators, civil servants, workers and students. The decision on suspension of vocational education shall be announced on the means of mass media.

3. The competent persons granting the Certificate in vocational education registration may suspend the vocational education activities. The Heads of vocational education authorities in the central government shall regulate the procedures for suspension of vocational education activities.

4. After the deadline for suspension of vocational education activities expires, if the problems for suspension are solved, the competent person in charge of suspension decision may make another decision on resuming the vocational education activities.

Article 21. Dissolution of vocational education institutions

1. A vocational education institutions shall be dissolved in the following cases:

a) Commit violations against law causing serious consequences;

b) The deadline for suspension of training activities expires but the problems for the suspension have not solved;

c) The vocational college is not granted the Certificate in vocational education registration after 36 months and the vocational training school is not granted the Certificate in vocational education registration after 24 months, from the date on which the decision on establishment or the permission for establishment takes effect;

d) The vocational education institution has not operated after 24 months, from the date on which it is granted the Certificate of vocational education registration.

2. The vocational education institution shall be permitted for dissolution at the request of the organizations or individuals establishing that vocational education institution.

3. The Decision on suspension of vocational education activities must contain reasons for the dissolution, measures ensuring lawful interests of the educators, civil servants, workers and students. The decision on dissolution of vocational education institutions must be announced on the means of mass media.

4. The competent persons establishing or permitting the establishment of vocational education institutions may dissolve or permit the dissolution of vocational education institutions. The Heads of vocational education authorities in the central government shall regulate the procedures for dissolution or permission for dissolution of vocational education institutions.

Article 22. Regulations of vocational education institutions

1. The Regulations of vocational education institution shall be issued by the Heads of vocational education authorities in the central government, including Regulation of vocational education centers, Regulation of vocational training schools, and Regulations of colleges.

2. Regulation of a vocational education institution shall contain:

a) Objectives and mission;

b) Tasks and entitlement of the vocational education institution;

c) Training activities;

d) Tasks and entitlement of educators or administrative officials;

dd) Tasks and entitlement of learners;

e) Organization and management of the vocational education institution;

g) Finance and assets;

h) Relationship between the vocational education institution, enterprises, families and social.

3. The vocational education institution shall formulate its Regulation on the organization and operation and announce at its premises pursuant to the Regulations of vocational education institutions.

Article 23. Tasks and entitlement of public or private vocational education institutions;

1. Formulate strategies and planning for vocational education institution development.

2. Provision of vocational training:

a) The vocational education center shall provide elementary-level vocational training, general vocational training and career counseling for students according to compulsory education programs;

b) The vocational training schools shall provide intermediate-level and elementary-level vocational training;

c) The vocational college shall provide college-level, intermediate-level and elementary-level vocational training.

3. Provide continuous training as prescribed in the Section 2 Chapter III of this Law.

4. Enjoy autonomy and take responsibility for enrollment and management of students.

5. Announce the objectives, training programs; requirements for teaching and learning quality assurance; tuition fees and exemption and reduction in tuition fees; results of training quality assessment; system of degrees and certificates in the vocational education institutions; jobs after graduation and measures for inspection and observation of the training quality.

6. Conduct teaching and learning activities according to the objectives and training programs; grant degrees or certificates in vocational education to learners; provide theoretic or practical courses and probation according to the contract concluded with enterprises.

7. Use foreign training programs which are recognized the quality by the foreign or international education and training organization to perform training objectives as prescribed.

8. Associate domestic training activities; associate training activities with foreign organizations as prescribed in this Law and relevant regulations of law.

9. Mobilize, manage, and use resources as prescribed.

10. Construct and invest in training facilities, equipment as required by standardization and modernization.

11. Employ and manage educators, administrative officials, civil servants, workers; enable for the educators to participate in production practice at the enterprises to update and improve the vocational skills; enable for the educators, civil servants, workers and students to participate in social activities.

12. Assess and guarantee the training quality as prescribed.

13. Give advice on training and jobs to the students without charges.

14. Qualify for enterprise establishment, or for scientific activities, production, business, or services as prescribed.

15. Introduce the subjects about language, custom, and relevant regulations of law of the country where the workers work and relevant regulations of Vietnamese law into the curriculum when sending domestic workers overseas.

16. Research science to serve and improve the training quality; apply research findings, technology transfers to the practical production, sales, and services.

17. Conform to the democratic regulations in the vocational education institution.

18. Provide a mechanism in order for the students, educators and social to evaluate the vocational training quality.

19. Report and subject to the observation and inspection as prescribed.

20. Other tasks and entitlement as prescribed.

Article 24. Tasks and entitlement of foreign-invested vocational education institutions

1. Qualify for protection of lawful rights and interests as prescribed in Vietnamese law and the international agreements to which the Socialist Republic of Vietnam is a signatory.

2. Ensure the lawful rights and interests of the educators, students and other workers even if the vocational education institution is suspended, dissolved or subject to suspend or dissolve ahead of schedule.

3. Respect Vietnamese law and custom.

4. Other tasks and entitlement as prescribed in Article 23 of this Law.

Article 25. Autonomy of vocational education institutions

1. The vocational education institution has autonomy in its organization and personnel, finance and assets, training and technology, international cooperation, training quality assurance as prescribed; ensures accountability to the competent authorities, students and the social for the organization and management of its training activities and quality.

2. The public vocational education institution which ensures its total regular investment expenditures shall have autonomy and take responsibility as prescribed in regulations of the Government.

3. The vocational education institution which is incapable of self-responsibility or violates against the law in the process of enjoying the autonomy, it shall be restricted autonomy and subject to regulations of law.

Section 2: POLICIES ON VOCATIONAL EDUCATION INSTITUTIONS

Article 26: Policies on vocational education institutions

1. The vocational education institution shall benefit from the following policies:

a) Acquire land through land allocation or lease by the State; receive incentives for credit to invest in facilities and improve the training quality; tax incentives in accordance with regulations of law on taxation; tax exemption from the undivided income in the vocational education to invest in development; tax exemption and reduction as prescribed in regulations on profits earned from products or services of the training activities; tax incentives applied to the production, business or services conformable with the training activities, publishing of teaching materials, production and provision of training equipment, import of books, newspaper, materials and training equipment;

b) Participate in tender, receive the training order of the State as prescribed in law on tender, orders for public services using government budget.

c) Apply for capital incentives from domestic and foreign programs or projects;

d) Participate in programs for training of domestic and foreign vocational educators or administrative officials using the funding from the government budget;

dd) Support the investment to ensure the requirements in order to accept upper-secondary ethnic boarding school graduates to apprentice;

e) Support development in training of disciplines meeting study demands of the workers working abroad;

g) Incentive policies on private sector involvement as prescribed.

2. People’s Committees at all levels shall enable vocational education institutions in the administrative divisions to undertake training activities, propagate the progress of science, technology and technology transfers.

Article 27: Policies on vocational education institutions reserved for the disabled

1. The State encourages vocational education institutions in enrollment of the disabled; encourages organizations or individuals in establishment of vocational education institutions reserved for the disabled.

2. The vocational education institutions reserved for the disabled shall benefit from the policies as prescribed in Article 26 of this Law and receive finance support to invest in training facilities and equipment; acquire land through land allocation or lease to construct buildings which is located in the place convenient to the disabled.

Section 3: FINANCE AND ASSETS OF VOCATIONAL EDUCATION INSTITUTIONS

Article 28: Finance resources of vocational education institutions

1. Government budget (if any).

2. Investment of domestic and foreign organizations and individuals.

3. Tuition fees and enrollment charges.

4. Receipts from cooperation in training, science and technology, production, businesses and services.

5. Sponsorship, aid, gift from domestic and foreign organizations and individuals as prescribed.

6. Other receipts as prescribed.

Article 29. Tuition fees and enrollment charges.

1. The tuition fee or enrollment charge is an amount of money which is paid to the vocational education institution by the student for cost of training and enrollment.

2. The training cost includes expenditures on payment to instructors, learning materials, practicing or probation materials; depreciation of training facilities, equipment and other necessary costs.

3. The public vocational education institution having autonomy and subject to total responsibility may intentionally decide the tuition fees or enrollment charges as prescribed in regulations on total autonomous public educational institutions.

Other public vocational education institution shall decide the tuition fees or enrollment charges of every major and vocation according to methods of imposing tuition fees or enrollment charges and tuition fee or enrollment charge bracket as prescribed in regulations of the Government.

4. The private vocational education institutions or foreign vocational education institutions may intentionally decide the tuition fees or enrollment charges.

5. The tuition fees or enrollment charges must be announced in the same time with the enrollment notification.

6. The vocational education institution providing high quality training programs may collect tuition fees equivalent to the training quality.

The Heads of vocational education authorities in the central government shall regulate the criteria for determination of high quality training programs; take responsibility for management and observation of collection of tuition fees equivalent to the training quality.

Article 30. Training facilities and equipment

The vocational education institution must ensure the training equipment is provided according to the List of minimum training equipment and facilities as prescribed in regulations of the Head of the vocational education authority in the central government.

Article 31. Management and use of finance and assets of vocational education institutions

1. The vocational education institution shall follow finance, accounting, auditing, taxation regime and financial disclosure as prescribed.

2. The vocational education institution using government budget must manage and use the government budget resources as prescribed in law on government budget.

The public vocational education institution may decide the capital mobilization, use of capital and assets associated with the tasks assigned to expand and improve the quality of training as prescribed in regulations of the Heads of vocational education authorities in the central government.

3. The vocational education institution manages and uses the assets from government budget as prescribed in law on management and use of state-owned property; enjoy autonomy and take responsibility for management and use of the assets from the government budget.

4. The assets and land allocated to the private vocational education institution by the State under form of sponsorship, aid, or gift must be used for proper purposes and they are not changed into private ownership regardless of forms.

5. The vocational education authorities in the central government, Ministries, ministerial-level agencies, and the People’s Committee of the province shall inspect the management and use of the finance resources at the vocational education institutions; management and use of state-owned property of the vocational education institutions as prescribed in regulations of the Government.