Chương V Luật Giáo dục nghề nghiệp 2014: Nhà giáo và người học

Chapter V

EDUCATORS AND STUDENTS

Section 1: EDUCATORS

Article 53. Educators in vocational education institutions

1. Educators in vocational education institutions include educators teaching theory, educators teaching practice, or educators teaching both theory and practice.

2. Educators in the vocational education centers or vocational training schools shall be called as educators; educators in colleges shall be called as lecturers.

3. Titles of educators in the vocational education institution include: teachers, principal teachers, senior teachers; lecturers, principal lecturers, and senior lecturers.

4. An educator in vocational education institutions must meet requirements below:

a) Has virtuous characters;

b) Achieves the qualifications in professional competence and proficiency;

c) Has good health as required by his/her job;

d) Has a clear criminal record.

Article 54. Qualifications of educators

1. An educator at elementary-level must obtain at least a degree of vocational secondary schools or a certificate in vocational skills used for teaching elementary-level.

2. An educator teaching theory at intermediate-level must obtain at least a bachelor’s degree; an educator teaching practice at intermediate-level must obtain a certificate in vocational skills used for teaching practice at intermediate-level.

3. An educator teaching theory at college-level must obtain at least a bachelor’s degree; an educator teaching practice at college-level must obtain a certificate in vocational skills used for teaching practice at college-level.

4. An educator teaching both theory and practice at intermediate-level or college-level must achieve acquire qualifications equivalent to qualifications of the educator teaching theory and educator teaching practice as prescribed in Clause 2 and Clause 3 of this Article.

5. Any educator obtaining no college degree in pedagogy, college degree in technical pedagogy or bachelor’s degree in pedagogy, or bachelor’s degree in technical pedagogy is required to obtain a certificate in pedagogy.

6. The Head of vocational education authority in central government shall regulate the content of training programs, improve vocational skills and certificate in vocational skills used for teaching practice at all levels; content of pedagogical proficiency course provided for educators in the vocational education institution.

Article 55. Tasks and entitlement of educators

1. Teach according to objectives and training programs and ensure to carry out the sufficient and quality training programs.

2. Learn and improve their professional competence, proficiency and teaching methods.

3. Exemplarily fulfill civil obligations, law and regulations of organization and operation of vocational education institution.

4. Reserve the virtue, prestigious, or honor of educators; respect personality of learners, fairly treat learners, protect legitimate rights and interests of learners.

5. Manage and observe the vocational education institution; participate in the Communist Party, unions and other social work.

6. Use teaching materials, equipment or aids, equipment and facilities of the vocational education institution.

7. Conclude a visiting lecturer contract with other vocational education institution as prescribed.

8. Give opinion about policies or plans of the vocational education institution on programs, materials, methods of teaching and other issues related to their rights.

9. The educator must reserve time to take a probation at the enterprise to update and improve practice skills and access new technology as prescribed.

10. Other tasks and entitlement as prescribed in regulations of law.

Article 56. Employment, assessment and refresher course in professional competence and proficiency for educators

1. The employment of educator must satisfy requirements or qualifications prescribed in Clause 4 Article 53 and Article 54 of this Law and comply with regulations of law on labor and law on civil servants. Any educator gaining experience in the business in conformity with the disciplines shall be priorly employed.

2. The educators shall be assessed or classified annually as prescribed.

3. The refresher courses in improvement in professional competence in pedagogy, vocational skills, information technology, or foreign languages; probation in the enterprise shall comply with regulations of the Head of vocational education authority in the central government.

Article 57. Visiting lecturers

1. The vocational education institution may invite people satisfy requirements and qualifications as prescribed in Clause 4 Article 53 and Article 54 of this Law for the teaching in the form of visiting lecturers.

2. The visiting lecturers must fulfill obligations and exercise their rights as prescribed in Article 55 of this Law.

3. The visiting lecturers who are officials, officials and civil servants at other agencies or organizations must fulfill their obligations at the institutions they are working for.

Article 58. Policies applied to educators

1. Educators in public vocational education institutions shall benefit from the following policies:

a) Receive salaries according to their titles prescribed in Clause 3 Article 53 of this Law; receive incentive allowances according to their disciplines, receive seniority pay regarding educators, particular allowances regarding educators teaching both theory and practice, craftsmen, skilled educators teaching practice, educators teaching disciplines which are heavy and dangerous, and educators teaching the disabled as prescribed in regulations of the Government;

b) Incentive policies applied to educators teaching in special schools, schools in severely disadvantaged areas and other incentive policies applied to educators as prescribed in regulations of the Government.

2. Attend refresher courses in professional competence or proficiency as prescribed in regulations of the Government.

3. The State shall encourage educators to teach in vocational education institutions in severely disadvantaged areas; enable educators to teach in the vocational education institutions in disadvantaged or severely disadvantaged areas.

4. If any educator, administrative official, or scientific research official of vocational education satisfies requirements prescribed in regulations of law, he/she shall be conferred a title of People's Educator or Educator of Merit.

5. If the educators who are doctors, craftsmen or skilled people teaching in public vocational education institutions and having good health voluntarily extend their working time at the vocational education institution with the consent of the vocational education institutions, they may take later retirement as prescribed in law on labor.

6. The State adopts policies on investment in training and refresher courses in professional competence, skills, and pedagogical methods applied to educators teaching the disabled.

Section 2: LEARNERS

Article 59. Learners

Learners are learners who are learning vocational education programs in the vocational education institutions, including students learning college-level training programs; students learning intermediate-level and elementary-level training programs; students learning continuing training programs as prescribed in Point a, b, c and d Clause 1 Article 40 of this Law.

Article 60. Rights and obligations of learners

1. Learn and practice as defined in regulations of the vocational education institution.

2. Respect educators, administrative officials, civil servants and workers in the vocational education institution; unite and help each other in learning and practicing.

3. Participate in labor and social work, actions on environmental protection, protection for security, order, prevention and control of crime, social evil.

4. Be respected and treated equally, regardless of sex, women, ethnic groups, religions, backgrounds, receive sufficient information about the study and practice.

5. Be facilitated in study, production, businesses, services, activities in culture, sports.

6. Benefit from policies applied to learners who are beneficiaries of social incentive policies.

7. Other rights and obligations as prescribed in regulations of law.

Article 61. Rights and obligations of learners

1. The learners graduated from training courses for appointed students, in the form of scholarship, training fees or orders from the State, or given by foreign countries under Agreements concluded with the Socialist Republic of Vietnam must execute the manoeuvre related to place of working given by the competent agency for a certain period; if not, they shall make a refund of scholarship or training fees.

2. The learners graduated from training courses as scholarship or training fees given by the employers must work for the employer according to the period as agreed in the training contract; in case they fail to fulfill their commitment, they must make a refund of scholarship or training fees.

Article 62. Policies applied to learners

1. The learners shall benefit from policies on scholarship, social allowances, appointed students, educational credit, exemption or reduction in public service charges as prescribed in Article 89, 90, 91 and 92 of the Law on Education.

2. The learners shall be exempt from tuition fees by the State in the following cases:

a) The learners studding at intermediate-level or college-level who are the people with meritorious services to the Resolution and their relatives as prescribed in law on preferential treatment for the people with meritorious to the Resolution; ethnic minorities in poverty or near poverty households; ethnic minorities in the disadvantaged areas or severely disadvantaged areas; helpless orphans;

b) The lower-secondary graduates continuing to learn intermediate-level;

c) The learners studying in disciplines facing difficulty in enrollment at intermediate-level or college-level but they are required by the social according to the List provided by the Head of vocational education authority; learners studying in special disciplines meeting the requirements pertaining to socio-economic development and national defense and security as prescribed in regulations of the Government.

3. The learners who are women, rural area workers and following training programs at elementary-level and training programs lasting for under 03 months shall be provided training fees as prescribed in regulations of the Prime Minister.

4. Boarding ethnic lower-secondary school graduates, boarding ethnic upper-secondary school graduates, including those enrolled by public vocational training schools or colleges without entrance examinations.

5. The learners who are ethnics in poverty or near poverty households, the disabled; the learners who are Kinh ethnics in poverty or near poverty households or the disabled whose normal residence in the severely disadvantaged areas, ethnic minority areas, border or island areas; the students of boarding ethnic upper-secondary schools following training programs at the intermediate-level or college-level shall benefit from policies on boarding schools as prescribed in regulations of the Prime Minister.

6. During the learning, if the learners do military services or fail to keep learning or working due to their sickness, accidents, unhealthy maternity or their families in difficulties, they may reserve study results and resume the study then. The time limit for the reserve of study results does not exceed 05 years.

7. The knowledge and skills that learners accumulate during the work and results of modules, credits, subjects which they had accumulated in the learning process at the levels of vocational education shall be recognized and be not required to learn them again in other training programs.

8. The graduates shall benefit from the following policies:

a) They are employed by authorities, socio-political organizations, public service agencies, the armed forces as prescribed; the learners obtaining at least very good graduation degrees;

b) Receive salaries as agreed with the employer according to their positions, competence, efficiency provided that they are not lower than the basic salaries, minimum wages or starting salaries with regard to jobs or positions as required intermediate-level or college-level as prescribed in regulations of law.

Article 63. Policies applied to learners sent to work abroad

1. The State shall carry out policies on vocational training programs provided for workers sent to work abroad.

2. If a learner studying at the vocational education institutions is sent to work abroad under a contract, he/she shall be reserved his/her study results. The time limit for the reserve of study results does not exceed 05 years.

Article 64. Policies applied to learners wining in workmanship contests

1. The State encourages learners to take part in workmanship contests. The winners in national workmanship contests, ASEAN workmanship contests shall be awarded as prescribed in law on emulation and commendation.

2. If the first-prize, second-prize and third-prize winners in the national workmanship contests obtain associate degrees and upper-secondary degrees or they are learned and passed the examinations satisfying the body of knowledge of upper-secondary level as prescribed, they shall be admitted into the colleges without examinations with the majors in conformity with the professions which they win the prizes.

3. If the first-prize, second-prize and third-prize winners in the ASEAN workmanship contests obtain associate degrees and upper-secondary degrees or they are learned and passed the examinations satisfying the body of knowledge of upper-secondary level as prescribed, they shall be admitted into the colleges without examinations with the majors in conformity with the professions which they win the prizes.