Chương 3 Nghị định 139/2006/NĐ-CP: Tổ chức, hoạt động dạy nghề

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.