Nghị định 139/2006/NĐ-CP Hướng dẫn Luật Giáo dục và Bộ luật Lao động về dạy nghề

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No: 139/2006/ND-CP	Hanoi, November 20, 2006

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE EDUCATION LAW AND THE LABOR CODE REGARDING VOCATIONAL TRAINING

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Education Law;
Pursuant to the June 23, 1994 Labor Code and the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of a number of articles of the Education Law and the Labor Code regarding vocational training objectives and programs; vocational training institutions and activities; enterprises engaged in vocational training activities; enrolment and vocational training contracts; examination, testing and competence to award vocational diplomas or certificates; policies on vocational training; and state management agencies' responsibilities for vocational training.

Article 2.- Vocational training degrees

Vocational training degrees include:

1. Vocational primary degree;

2. Vocational secondary degree;

3. Vocational college degree.

Article 3.- Socialization of vocational training

The State plays the leading role in the development of vocational training; diversifies forms of vocational training institution and adopts priority policy for investment in vocational training; encourages and creates conditions for domestic and foreign organizations, enterprises and individuals to invest their resources and participate in the development of vocational training.

Article 4.- Transferability in vocational training and between vocational training degrees and other training degrees within the national education system

1. Transferability in vocational training and between vocational training degrees and other training degrees is aimed to create conditions for trainees to use their training results accumulated in the training or working process when shifting to other disciplines, jobs, training degrees or other forms of study within the national education system.

2. Transferability must be effected on the principle of ensuring that trainees will not need to re-study the knowledge and skills they have acquired in their training or working process.

3. The Minister of Labor, War Invalids and Social Affairs shall provide for transferability in vocational training.

4. The Minister of Education and Training shall assume the prime responsibility for, and coordinate with the Minister of Labor, War Invalids and Social Affairs in, effecting transferability between vocational training degrees and other training degrees within the national education system.

5. Based on the framework program and regulations on transferability, promulgated by competent persons defined in Clauses 3 and 4 of this Article, heads of vocational training institutions, professional secondary schools and higher education institutions shall formulate training programs and curricula, ensuring transferability; and recognize transferability of training results on a case-by-case basis.

Chapter II

VOCATIONAL TRAINING OBJECTIVES AND PROGRAMS

Article 5.- Vocational training objectives

1. Vocational training is aimed to train technical workers who are directly involved in production and service activities, capable of practicing jobs commensurately with their training degrees, have professional ethics, sense of discipline, industrial working style and good health, thereby enabling trainees to find jobs, self-employ or further their study for higher degrees, meeting the requirements of the labor market.

2. Vocational training at each degree must ensure the objective defined in Clause 1 of this Article and the following specific objectives:

a/ Vocational training at the primary degree is aimed to equip trainees with capability of practicing simple occupations or some tasks of an occupation.

b/ Vocational training at the secondary degree is aimed to equip trainees with knowledge and capability to practice various tasks of an occupation, to be able to work independently and apply techniques and technologies to their work;

c/ Vocational training at the college degree is aimed to equip trainees with knowledge and capability to practice various tasks of an occupation, to be able to work independently or in groups; to settle complicated practical circumstances and apply techniques and technologies to their work.

Article 6.- Vocational training programs

1. Vocational training programs demonstrate vocational training objectives; determine knowledge and skill standards, scope and structure of contents, methods and forms of vocational training, modes of assessing training results for each module, subject and occupation.

2. Vocational training programs of the primary degree are conducted for less than one year for those people who want to learn vocations, have educational qualifications and health conditions suitable to those vocations.

3. Vocational training programs of the secondary degree are conducted for three years for people having lower secondary diplomas; and for between one and two years for people having upper secondary education diplomas.

4. Vocational training programs of the college degree are conducted for between two and three years for people having upper secondary education diplomas; and for between one year and a half and two years for those having professional secondary education diplomas.

5. Framework programs provide structure, content and time amounts for various modules and subjects; and the time proportion between theory and practice, ensuring the achievement of objectives of each degree for each vocation as well as required transferability.

6. The Minister of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with concerned ministers, heads of ministerial-level agencies and heads of government-attached agencies in, stipulating framework programs for each vocational training degree on the basis of appraisal results of the branch appraising council.

Based on the provided framework programs and training tasks of vocational training institutions, heads of those institutions shall organize the formulation and promulgation of primary, secondary and college vocational training programs on the basis of appraisal results of program appraising councils.

Chapter III

VOCATIONAL TRAINING INSTITUTIONS AND ACTIVITIES

Article 7.- Vocational training class

1. Vocational training classes are organized when the following conditions are fully met:

a/ Having venues for theoretical and practical training; having equipment and materials for practice and internship suitable to the trained occupations, vocational training scale and degrees;

b/ Having enough teachers who satisfy training standards and qualifications under the provisions of Clause 2, Article 70 and Clause 1, Article 77 of the Education Law; suitable to the occupations, vocational training scale and degrees;

c/ Having vocational training programs and curricula.

2. Enterprises, cooperatives, production, business or service establishments (hereafter collectively referred to as enterprises) and other educational institutions may organize vocational training classes of primary degree; professional secondary schools may organize vocational training classes of primary and secondary degrees; higher education institutions may organize vocational training classes of primary, secondary and college degrees, if they meet all the conditions set in Clause 1 of this Article and registering vocational training activities according to the provisions of Article 10 of this Decree.

3. Heads of institutions defined in Clause 2 of this Article shall be responsible for organizing activities of vocational training classes.

Article 8.- Competence to found and permit the foundation, merger, division, split, dissolution and termination of operation of vocational training centers, vocational secondary schools and vocational training colleges

1. The competence and conditions to found or permit the foundation of vocational training centers comply with the regulation on organization and operation of vocational training centers, promulgated by the Minister of Labor, War Invalids and Social Affairs.

2. The competence to found public vocational secondary schools or vocational training colleges as well as the competence to permit the foundation of private vocational secondary schools or vocational training colleges is provided for as follows:

a/ Presidents of provincial/municipal People's Committees (hereafter called provincial-level People's Committees) shall decide on the foundation of public vocational secondary schools of provinces; and permit the foundation of private vocational secondary schools in localities;

b/ Ministers, heads of ministerial-level agencies and heads of Government-attached agencies shall decide on the foundation of their attached vocational secondary schools;

c/ The Minister of Labor, War Invalids and Social Affairs shall decide on the foundation of public vocational training colleges; and permit the foundation of private vocational training colleges.

3. Persons competent to decide on or permit the foundation of vocational training centers, vocational secondary schools or vocational training colleges are also competent to terminate the operation of, merge, divide, split and dissolve those centers, schools or colleges.

4. The Minister of Labor, War Invalids and Social Affairs shall guide the procedures for the foundation, permit the foundation, merger, division, split, dissolution and termination of the operation of vocational training centers, vocational secondary schools and vocational training colleges.

Article 9.- Regulations of vocational training centers, charters of vocational secondary schools and vocational training colleges

1. The Regulation of a vocational training center has the following principal contents: tasks and powers of the center; its organizational structure; financial and asset management; tasks and powers of trainers and trainees; organization of vocational training activities; relationship between the center and enterprises.

2. Principal contents of charters of vocational secondary schools or vocational training colleges comply with the provisions of Clause 2, Article 52 of the Education Law.

3. Regulations of vocational training centers, charters of vocational secondary schools or vocational training colleges shall be promulgated by the Minister of Labor, War Invalids and Social Affairs.

4. Based on the provisions of Clause 3 of this Article, the directors of vocational training centers shall elaborate regulations on organization and operation of their centers; the principals of vocational secondary schools or rectors of vocational training colleges shall elaborate regulations on organization and operation of their schools or colleges and submit them to competent authorities for approval.

Article 10.- Registration of vocational training activities

1. The registration of vocational training activities is conducted as follows:

a/ Enterprises, professional secondary schools and other educational institutions which organize vocational training classes of primary degree shall register vocational training activities with Labor, War Invalids and Social Affairs Services of the provinces or centrally run cities where they are based;

b/ Professional secondary schools or higher education institutions which organize vocational training classes of secondary degree shall register vocational training activities with Labor, War Invalids and Social Affairs Services of the provinces or centrally run cities where they are based;

c/ Higher education institutions which organize vocational training classes of college degree shall register vocational training activities with the Ministry of Labor, War Invalids and Social Affairs.

2. A vocational training-registration dossier comprises:

a/ An application for registration of vocational training activities;

b/ A report on the actual conditions of material foundations, equipment, trainers and administrators; vocational training programs and curricula, for vocations subject to registration;

c/ A rule on organization of vocational training activities of the institution.

3. Enterprises which recruit trainees to work for them within the terms committed in vocational training contracts need not register vocational training activities but are required to report on the vocational training results to Labor, War Invalids and Social Affairs Services of the provinces or centrally run cities where they are based.

4. Time limits for the grant of vocational training-registration certificates are defined as follows:

a/ Within seven (07) working days after receiving complete and valid dossiers, directors of provincial/municipal Labor, War Invalids and Social Affairs Services shall grant vocational training-registration certificates for cases specified at Points a and b, Clause 1 of this Article;

b/ Within ten (10) working days after receiving complete and valid dossiers, the Minister of Labor, War Invalids and Social Affairs shall grant vocational training- registration certificates for cases specified at Point c, Clause 1 of this Article;

c/ In case of refusal to grant vocational training- registration certificates, a written reply stating the reason therefor is required; past the above time limits, if receiving no reply from competent agencies in charge of vocational training registration, vocational training institutions may start vocational training activities according to their registration dossiers.

5. The Minister of Labor, War Invalids and Social Affairs shall guide in detail the registration of vocational training activities.

Article 11.- Foreign-invested vocational training institutions

1. Foreign-invested vocational training institutions include joint-venture or 100% foreign-owned vocational training centers, vocational secondary schools and vocational training colleges, for which the material foundations are invested and the regular-expenditure funds are supplied by foreign organizations or individuals or overseas Vietnamese.

2. Foreign-invested vocational training institutions have their legitimate rights and interests protected under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The foundation, merger, division, split and dissolution of foreign-invested vocational training institutions comply with the provisions of investment law and relevant provisions of law.

4. Foreign-invested vocational training institutions shall organize vocational training in accordance with the provisions of this Decree and relevant provisions of law.

Chapter IV

ENTERPRISES WITH VOCATIONAL TRAINING ACTIVITIES

Article 12.- Enterprises with the development of vocational training

1. Providing information on the demand for training disciplines and the employment of laborers of enterprises to Labor, War Invalids and Social Affairs Services of the provinces or centrally run cities where they are based.

2. Founding vocational training institutions or cooperating with vocational training institutions in conducting vocational training activities by mode of teaching theory at the institutions and practice at the enterprises.

3. Joining in the formulation of professional skill standards and assessment of professional skills.

4. Joining in the provision of financial support and equipment for vocational training.

Article 13.- Enterprises with vocational training institutions

1. Accepting trainees on visit or interns at enterprises under contracts signed with vocational training institutions.

2. Joining in teaching, guiding internship and assessing training results of trainees.

3. Joining in the formulation of vocational training programs and curricula.

4. Signing contracts on vocational training of their laborers with vocational training institutions when having a demand therefor.

5. Coordinating with vocational training institutions in organizing research, production, application and technology transfer.

Article 14.- Enterprises with vocational training, fostering of professional skills and re-training of laborers

1. Elaborating and implementing plans on vocational training, professional skills fostering for their laborers, thereby meeting the labor-use demand and requirements for technical and technological renewal in production.

2. Signing vocational training contracts with trainees whom they recruit for training.

3. Creating conditions for laborers to work and study simultaneously in order to raise their professional skills.

4. Organizing vocational retraining before transferring laborers to other jobs within the enterprises.

5. Paying remunerations to trainees if they directly make products or participate in making products for the enterprises. The remuneration levels are agreed upon by the two parties.

Chapter V

ENROLMENT OF TRAINEES AND VOCATIONAL TRAINING CONTRACTS; EXAMINATION, TESTING AND COMPETENCE TO GRANT VOCATIONAL DIPLOMAS OR CERTIFICATES

Section 1. ENROLMENT OF TRAINEES, VOCATIONAL TRAINING CONTRACTS

Article 15.- Enrolment of trainees

1. Primary trainees are enrolled through consideration.

2. Secondary trainees are enrolled through consideration.

3. College trainees are enrolled through consideration, examination or combination of both.

4. Eligible for direct enrolment into vocational training colleges are:

a/ People having vocational secondary diplomas of good or higher level and registering to learn the same trained vocations;

b/ People having vocational secondary diplomas and registering to learn the same trained vocations after working for at least two years in those trained vocations;

c/ People winning the first, second or third prizes in national or international contests for outstanding trainees, having upper secondary diplomas or vocational secondary diplomas and registering to learn the same vocations for which they have won prizes.

5. The enrolment of trainees shall be conducted once or several times a year, based on the training capacity of a vocational training institution, the duration of a training course and the demands of trainees as well as enterprises.

Article 16.- Vocational training contracts

1. Vocational training contract means an agreement on rights and obligations between the head of the vocational training institution and a trainee.

2. The following cases require the conclusion of written vocational training contracts:

a/ Vocational training of primary degree;

b/ Vocational training at foreign-invested vocational training institutions;

c/ Enterprises recruit trainees who will then work for them.

3. The following cases require either verbal or written contracts:

a/ Handing down occupations;

b/ Coaching vocations at enterprises.

4. Vocational training contracts are concluded directly between heads of vocational training institutions and trainees. In case of written contracts, they shall each be made in two originals of equal validity, each party shall keep one original.

Article 17.- Contents of a vocational training contract

1. A vocational training contract has the following principal contents:

a/ The name of the vocation to be trained in, the expected professional skills;

b/ The training and internship places;

c/ The duration of the course;

d/ The training fee level and mode of fee payment;

e/ The responsibility of each party to pay damages for contract breaches.

Apart from the above principal contents, the two parties may reach agreement on other contents suitable with practical conditions but not in contravention of law and social ethics.

2. When an enterprise recruits trainees who then work for it, a vocational training contract must, apart from the contents defined in Clause 1 of this Article, have the following contents:

a/ The trainee's commitment on the working duration at the enterprise;

b/ The enterprise's commitment on the conclusion of a labor contract after training;

c/ The payment of remunerations to a trainee who directly make products or participate in making products for the enterprise during the time of training.

3. A vocational training contract in the form of occupation coaching at an enterprise must, apart from the contents specified in Clause 1 of this Article, contain agreement on the time for starting payment of remuneration and remuneration level for the trainee in each period.

Article 18.- Termination of vocational training contracts

1. A trainee who unilaterally terminates the vocational training contract is not entitled to the refund of training fee. When the trainee cannot continue to learn a vocation because he has to perform the military service or his family actually meets with difficulties as certified by the People's Committee of the commune where he resides, or because he/she is suffering from an illness or accident as certified by the competent medical establishment, that trainee is entitled to the refund of a part of the training fee he/she has paid for the remaining training duration and has his/her training results reserved.

2. Except for the case of unilateral termination of vocational training contracts due to force majeure circumstances under the provisions of the civil law, vocational training institutions which unilaterally terminate vocational training contracts shall notify the trainees at least three working days in advance and refund the latter all the training fees they have collected.

3. During the time of performing a vocational training contract, if the female trainee becomes pregnant and acquires a written certification from a competent medical establishment that the performance of the contract will adversely affect her foetus, she may terminate the vocational training contract ahead of time, is refunded with the training fee amount she has paid for the remaining training duration and has her training results reserved.

4. When enterprises recruit trainees who then work for them, if later those trainees decline to work as committed, they are required to compensate the vocational training expenses to the enterprises. The compensation level is agreed upon by the two parties and specified in vocational training contracts.

Vocational training expenses include reasonable expenses for trainers, documents and materials for practice, expenses for fixed asset, machinery and equipment depreciation and other expenses already paid for trainees.

Section II. EXAMINATION, TESTING AND COMPETENCE TO AWARD VOCATIONAL DIPLOMAS AND CERTIFICATES

Article 19.- Examination, testing

1. Exams and tests in the course of vocational training include periodical tests; module or subject completion tests; graduation exams or course completion exams.

2. Contests for outstanding trainees include national and international contests.

3. The Minister of Labor, War Invalids and Social Affairs shall promulgate regulations on examination and testing; regulations on national contests for outstanding trainees and guide the participation in international contests for outstanding trainees.

Article 20.- Competence to award vocational diplomas and certificates

1. Vocational certificates are awarded by directors of vocational training centers; principals of vocational secondary schools; rectors of vocational training colleges; heads of enterprises or other educational institutions which have registered vocational training of primary degree.

2. Vocational secondary diplomas are awarded by principals of vocational secondary schools, rectors of vocational training colleges; principals of professional secondary schools; rectors of colleges or universities which have registered vocational training of secondary degree.

3. Vocational college diplomas are awarded by rectors of vocational training colleges; rectors of colleges or universities which have registered vocational training at the college levels.

Chapter VI

POLICIES ON VOCATIONAL TRAINING

Article 21.- Vocational training planning and plans

1. Based on the demand for quantity, structure of vocations and qualifications of human resources, ministries, branches and provincial-level People's Committees shall formulate and organize the implementation of vocational training plannings, five-year and annual plans according to their competence.

2. The transformation of vocational training centers, vocational secondary schools or vocational training colleges into professional secondary schools or higher education institutions requires written agreement of the Minister of Labor, War Invalids and Social Affairs.

Article 22.- Policies towards vocational training institutions

1. The State adopts priority policies on financial investment and land for construction of vocational training institutions.

2. The State encourages and creates conditions for organizations and individuals to build vocational training institutions and provide financial support for vocational training.

3. Institutions teaching vocations for war invalids, diseased soldiers, disabled or handicapped people, ethnic minority people or people who lose their jobs are entitled to consideration for tax reduction or exemption.

4. Vocational secondary schools' and vocational training colleges' revenues from research and application, technology transfer, production, business or services under the provisions of Article 59 of the Education Law shall, after offsetting reasonable expenses, be used for improvement of material foundations and activities of those schools and colleges.

Article 23.- Policies towards enterprises involved in vocational training

Vocational training and re-training expenses for laborers of enterprises are calculated into production and business costs. Investments, financial supports and other reasonable expenses of enterprises for vocational training are deducted upon calculation of taxable incomes in accordance with the provisions of enterprise income tax law.

Article 24.- Policies towards trainees

1. Trainees are entitled to scholarships, subsidies, exemption or reduction of training fees in accordance with Article 33 of Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Education Law.

2. Subjects entitled to traineeship supports:

a/ Ethnic minority people;

b/ Demobilized army men or policemen;

c/ People who learn vocations with few enrollees under regulations of the Ministry of Labor, War Invalids and Social Affairs;

d/ Disabled and handicapped people;

e/ Rural laborers in the areas undergoing the conversion of agricultural land use purposes;

f/ Job losers;

g/ People put into medical treatment establishments as an administrative handling measure;

h/ People put into reformatories as an administrative handling measure.

3. The Prime Minister shall specify the regime of providing vocational training supports for subjects defined in Clause 2 of this Article.

Article 25.- Policies towards trainers

1. Trainers of public vocational training institutions are entitled to salaries and allowances based on salaries for teachers according to the Government's regulations on salaries for cadres and civil servants and people in people's armed forces units.

Trainers of private vocational training institutions are entitled to salaries and allowances according to the labor law and as stated in their labor contracts.

2. The State shall adopt policies to encourage and create conditions for teachers to study and train themselves in order to attain professional qualifications and standards; and encourages artisans and skilled laborers to participate in vocational training.

3. Trainers at vocational training institutions in areas meeting with exceptional socio-economic difficulties are given conditions to have places of residence by the People's Committees at all levels.

4. Trainers who meet the criteria prescribed by law are conferred by the State the title "Outstanding Teacher" or "People's Teacher".

Chapter VII

STATE MANAGEMENT AGENCIES' RESPONSIBILITIES FOR VOCATIONAL TRAINING

Article 26.- Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with other ministries, branches and localities in, formulating and submitting to the Government strategies, master plans, plans, policies and mechanisms for vocational training development and organize the implementation thereof.

2. To elaborate and submit to the Government for promulgation or to promulgate according to its competence legal documents on vocational training and organize the implementation thereof.

3. To work out plans, manage and use resources for the development of vocational training.

4. To promulgate lists of vocations for training; to organize and manage the assurance of quality of vocational training and accredit vocational training quality.

5. To conduct statistical and information work; scientific and technological research and application in relation to organization and management of vocational training.

6. To effect international cooperation on vocational training.

7. To supervise and inspect the observance of law on vocational training; settle complaints and denunciations and handle violations of law on vocational training according to its competence.

Article 27.- Responsibilities of concerned ministries and branches

1. To coordinate with the Ministry of Labor, War Invalids and Social Affairs in ensuring the unified state management of vocational training.

2. To work out and organize the execution of plannings, plans, programs and projects on vocational training.

3. To guide and direct the unified management of vocational training objectives, programs, contents and plans; the elaboration of vocational training programs, compilation and appraisal of curricula; criteria of trainers and administrators; the award of vocational diplomas and certificates and other regulations applicable to vocational training institutions under their management according to the guidance of the Minister of Labor, War Invalids and Social Affairs.

4. To send periodical reports on vocational training to the Ministry of Labor, War Invalids and Social Affairs.

5. To effect international cooperation on vocational training according to their competence.

6. To inspect the observance of law on vocational training and settle complaints and denunciations according to their competence.

Article 28.- Responsibilities of the People's Committees at all levels

1. Provincial-level People's Committees have the responsibilities:

a/ To submit to provincial-level People's Councils for decision plannings, plans, tasks, measures and state budget estimates for the development of vocational training;

b/ To formulate and organize the implementation of plannings, plans and projects on vocational training;

c/ To guide and direct the unified management of vocational training objectives, programs, contents and plans; the elaboration of vocational training programs, compilation and appraisal of curricula; criteria for trainers and administrators; the award of vocational diplomas and certificates and other regulations applicable to vocational training institutions under their management according to the guidance of the Minister of Labor, War Invalids and Social Affairs;

d/ To coordinate with ministries and branches in performing the state management of vocational training provided by vocational training institutions which are attached to the latter and based in the localities;

e/ To send periodical reports on vocational training to the Ministry of Labor, War Invalids and Social Affairs and People's Councils of the same level;

f/ To effect international cooperation on vocational training under the Government's decentralization;

g/ To supervise and inspect the observance of law on vocational training; to settle complaints and denunciations and handle violations of law on vocational training according to their competence.

2. District-level People's Committees have the responsibilities:

a/ To elaborate and organize the implementation of vocational training plans in conformity with the socio-economic development programs;

b/ To organize the inspection of vocational training activities and settle complaints and denunciations according to law;

c/ To send periodical reports on vocational training to provincial-level People's Committees and People's Councils.

3. Labor, War Invalids and Social Affairs Offices shall assist the People's Committees of the same level in performing the state management of vocational training according to their competence.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 29.- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. This Decree replaces the Government's Decree No. 02/2001/ND-CP of January 9, 2001, detailing the implementation of the Labor Code and the Education Law regarding vocational training. The previous regulations which are contrary to the provisions of this Decree are all annulled.

Article 30.- Implementation responsibilities

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, and concerned agencies shall implement this Decree.