Chương 5 Nghị định 139/2006/NĐ-CP: Tuyển sinh học nghề, hợp đồng học nghề; thi, kiểm tra và thẩm quyền cấp bằng, chứng chỉ nghề

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.