Chương II Nghị định 140/2018/NĐ-CP sửa đổi, bổ sung các Nghị định liên quan đến điều kiện đầu tư kinh doanh và thủ tục hành chính thuộc phạm vi quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội: Lĩnh vực giáo dục nghề nghiệp

Chapter II

VOCATIONAL EDUCATION

Article 3. Amendments to some Articles of the Government’s Decree No. 31/2015/ND-CP dated March 24, 2015 on guidelines for some Articles of the Law on Employment regarding assessment and issuance of certificate of national occupational skill

1. Clause 2 of Article 3 is amended as follows:

“2. Regarding personnel directly assessing occupational skills of participants:

There must be at least 01 (one) person who is working full time at an occupational skill assessment organization, have an occupational skill assessor card (hereinafter referred to as “the assessor card”) in accordance with the occupation and occupational skill level that are covered by the certificate applied for.”

2. Article 6 is amended as follows:

“Article 6. Application and procedures for issuance, reissuance, replacement and adjustment to the certificate of eligibility for provision of assessment service, and issuance of the certificate of national occupational skill

1. Composition of an application

a) An application for issuance of the certificate includes:

- An application form

- An establishment decision issued by the competent authority;

- Documentary evidences for fulfillment of the conditions specified in Article 3 of this Decree.

b) An application for reissuance of the certificate includes:

If the certificate is damaged, too old or lost, an application for reissuance of the certificate includes:

- An application form;

- The issued certificate, except in the case where the certificate is lost.

c) An application for replacement or adjustment to the certificate includes:

In the case of change of name of the occupation or occupational skill level or change of name or address of the headquarters of the occupational skill assessment organization specified in the issued certificate, an application for replacement of the certificate includes:

- An application form;

- The issued certificate, except in the case where the certificate is lost.

- Documents concerning the change(s). In the case of addition of occupation or occupational skill level, it is required to submit documentary evidences for fulfillment of the conditions for infrastructure, equipment and personnel directly assessing occupational skills prescribed in Article 3 of this Decree.

2. Procedures:

- The organization that wishes to apply for issuance, reissuance or replacement of the certificate shall prepare and submit an application as prescribed in Points a, b or c Clause 1 of this Article to the Ministry of Labor, War Invalids and Social Affairs (through the General Department of Vocational Education), whether through online public service web portal or by post. If the application is submitted directly or by post, the documents in the application must be originals or certified true copies. If the application is submitted through online public service web portal, regulations of the law on e-transaction shall be complied with;

Within 10 working days from the receipt of the application, the competent authority shall inspect it and issue, reissue or replace the certificate. If the application is rejected, a response and explanation must be provided in writing.

3. Article 12 is amended as follows:

“Article 12. National occupational skill assessor card

1. An assessor card must clearly specify occupation name and occupational skill level covered by the assessment. The Ministry of Labor, War Invalids and Social Affairs shall specify the form of assessor card and documents in the application for issuance of the assessor card; organize the design of national occupation skill training programs and documents and organize the provision of training to serve issuance of assessor card.

2. Within 03 (three) working days from the assessor card is issued, reissued, replaced, invalidated or revoked, the General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as “the General Department of Vocational Education”) shall publish the list of persons who is issued or reissued with the assessor card or whose assessor card is replaced, invalidated or revoked.”

4. Article 13 is amended as follows:

“Article 13. Application and procedures for issuance, reissuance or replacement of the assessor card

1. Composition of an application

a) An application for issuance of the assessor card includes:

- An application form enclosed with 01 (one) 3x4 color picture;

- One (01) set of documentary evidences for fulfillment of the conditions specified in Article 11 of this Decree.

b) An application for reissuance of the assessor card includes:

If the assessor is damaged, too old or lost, an application for reissuance includes:

- An application form enclosed with 01 (one) 3x4 color picture;

- The issued assessor card, except in the case where the card is lost.

c) An application for replacement of the assessor card includes:

In the case of any change to the level of occupational skill to be assessed, an application for replacement includes:

- An application form enclosed with 01 (one) 3x4 color picture;

- The issued assessor card, except in the case where the card is lost;

- Documentary evidences for fulfillment of the conditions for issuance of the assessor card prescribed in Article 11 of this Article.

2. Procedures:

- The applicant for issuance, reissuance or replacement of the assessor card shall prepare  and submit an application as prescribed in Points a, b or c Clause 1 of this Article to the General Department of Vocational Education, whether through online public service web portal or by post. If the application is submitted directly or by post, the documents in the application must be originals or certified true copies. If the application is submitted through online public service web portal, regulations of the law on e-transaction shall be complied with.

- Within 07 (seven) working days from the receipt of the application, the General Department of Vocational Education shall inspect it and issue, reissue or replace the assessor card. If the application is rejected, a response and explanation must be provided in writing. ”

5. Clause 1 of Article 22 is amended as follows:

“1. The General Department of Vocational Education shall decide to establish supervisory teams responsible for supervising national occupational skill assessment tests organized at each occupational skill assessment organization.”

6. Clause 1 of Article 23 is amended as follows:

“1. Send a notification of postponement of the national occupational skill assessment test that is being conducted to the General Department of Vocational Education.”

7. Article 26 is amended as follows:

“Article 26. Issuance of the national occupational skill certificate

1. According to the record and consolidated result of the theory and practice tests prepared by the board of examiners, and supervision record prepared by the supervisory team, the occupational skill assessment organization shall decide to recognize the assessment result given by the board of examiners, prepare an application for issuance of the national occupational skill to the candidates who have passed the test and submit it to the General Department of Vocational Education.

2. The General Department of Vocational Education shall consider the application for issuance of the national occupational skill certificate to the candidates who have passed the test and application for reissuance of the national occupational skill certificate; issue the certificate; provide a written response and explanation if the application is rejected; recognize and issue the national occupational skill certificate to the persons mentioned in Article 18 of this Decree; publish the list of persons who is issued or reissued with the national occupational skill certificate or has his/her national occupational skill certificate revoked; collect, manage and use the fees for applying for issuance of the certificate under the guidance of the Ministry of Finance.

3. The Ministry of Labor, War Invalids and Social Affairs shall specify the form of the national occupational skill certificate; application and procedures for issuance and reissuance of the national occupational skill certificate; revocation of the national occupational skill certificate.”

8. The phrase “Bộ Lao động - Thương binh và Xã hội” (“The Ministry of Labor, War Invalids and Social Affairs”) is replaced with “Tổng cục Giáo dục nghề nghiệp thuộc Bộ Lao động - Thương binh và Xã hội” (“The General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs”) in Clause 3 Article 15; Clause 4 Article 20.

Article 4. Repeal of Articles 7 and 14 of the Government’s Decree No. 31/2015/ND-CP dated March 24, 2015

Article 5. Amendments to some Articles of the Government’s Decree No. 143/2016/ND-CP dated October 14, 2016 on investment and operation in vocational education

1. Clauses 1 and 3 of Article 3 are amended as follows:

“1. Every vocational education institution shall be established in conformity with the planning for network of Vietnamese vocational education institutions. Public vocational education institutions shall operate on the principle of autonomy of public service providers as stipulated by the Government.

3. Every vocational education institution shall have a premise with a minimum area of 1,000 m² (for vocational training facilities); 10,000 m² (for vocational schools in urban areas) and 20,000 m² (for vocational schools in suburban areas); 20,000 m² (for vocational colleges in urban areas) and 40,000 m² (for vocational colleges in suburban areas).”

2. Title of Article 6, Points c and d Clause 1 of Article 6 are amended as follows:

“Article 6. Application for establishment or for permission to establish vocational education institutions

c) A draft of the layout plan of architectural works, which is conformable to the disciplines, training scope and level and criteria for construction area and area used for learning and teaching;

d) Certified true copies of the land use right certificate, house ownership certificate of the organization or individual, which specify address, area and boundaries of the land lot and agreement on regulations on lease of furnished facilities and other relevant legal documents which remain valid for at least 05 years from the date of submitting the application.

3. Article 9 is amended as follows:

“Article 9. Conditions and procedures for establishing and granting permission for establishment of branches of vocational schools and colleges

1. A branch shall be established according to the discipline, level and scope of training to be provided in the branch.

2. Conditions and procedures for establishing and granting permission for establishment of branches of vocational schools and colleges are specified in Clause 3 Article 16 of the Law on Vocational Education.”

4. Points a and b Clause 1 of Article 10 are amended as follows:

“a) Total division, partial division or merger of vocational education institutions shall be carried out in conformity with the approved planning for network of vocational education institutions;

b) Interests of learners, teachers, lecturers, officials, personnel and employees shall be protected;"

5. Clause 3 is added to Article 13 as follows:

“3. The vocational education institution that has been renamed is entitled to keep providing training in the discipline that is covered by the certificate of registration of vocational education issued by the competent authority.”

6. Article 14 is amended as follows:

a) Point b of Clause 2 is amended as follows:

“b) The vocational education institution shall be provided with facilities and training equipment according to the discipline, training scope and level. To be specific:

Classrooms, labs, practice rooms and workshops and pilot production facilities shall be available. The area of each room must be at least 5.5 m².

Training equipment provided according to each discipline must meet the minimum standards laid down by the Minister of Labor, War Invalids and Social Affairs. If the minimum standard for training equipment by registered discipline is yet to be issued by the Minister of Labor, Invalids and Social Affairs, sufficient training equipment shall be provided according to the scope of training and as stipulated in the training program.

The vocational education institution must have a library which is provided with software and equipment serving the purpose of borrowing, searching and studying documents, and store books, textbooks, lectures and relevant documents for teaching and studying.

The vocational education institution must have sufficient working office, administrative areas and school headquarters according to faculties and disciplines which shall be large enough to provide at least 06 m² per person (for vocational intermediate-level training) and 08 m² per person for college-level training).

There must be works serving culture, entertainment, sports and healthcare services to meet the needs of officials, teachers, lecturers and students.”

b) Point d of Clause 2 is amended as follows:

“d) The vocational education institution must employ sufficient and qualified teachers, lecturers and officials who meet teacher’s standards, professional and pedagogical requirements under regulations of laws to achieve the training objectives and fulfill the training programs. To be specific:

The ratio of students to teachers and lecturers shall not exceed 25. Full-time teachers and lecturers must undertake at least 60% of the program intended for each discipline.

Foreign teachers/lecturers delivering lectures at foreign-invested vocational schools, colleges or universities shall comply with regulations on foreign workers in Vietnam as stipulated in Vietnam’s laws.”

7. Point b Clause 2 of Article 15 is amended as follows:

“b) A copy of the investment registration certificate (if any)

8. Clause 8 of Article 18 is amended as follows:

 “8. A vocational education institution is renamed”.

9. Clauses 3 and 4 of Article 19 are amended as follows:

“3. An application for addition of vocational education activities in the cases prescribed in Clause 8 Article 18 of this Decree includes:

a) An application form;

b) A copy of the decision to rename the vocational education institution.

4. An application for addition of vocational education activities in the case prescribed in Clause 9 Article 18 of this Decree includes:

An application form for termination of admission or decrease in admission quota of the discipline that is covered by the certificate of registration of vocational education.”

10. The Appendix Va is amended as follows:

“Sections II and III Part 1 of the form of the report on registration of vocational education are repealed.”

Article 6. Repeal of some Articles of the Government’s Decree No. 143/2016/ND-CP dated October 14, 2016

1. Clause 2 of Article 3 is repealed.

2. Article 5 is repealed.

3. Clause 4 of Article 6 is repealed.

4. Point d Clause 1 of Article 14 is repealed.

5. Points b and d Clause 1, and Point d Clause 2 of Article 15 are repealed.

Article 7. Amendments to some Articles of the Government’s Decree No. 49/2018/ND-CP dated March 30, 2018 on vocational education accreditation

1. Clause 2 of Article 4 is amended as follows:

“2. The domestic organization shall have a stable office for at least 2 years and sufficient equipment for vocational education accreditation.”

2. Point c Clause 1 of Article 8 is amended as follows:

“c) Profile of the person who is directly in charge of vocational education accreditation of the accreditation organization: A decision on appointment of the person who is directly in charge of vocational education accreditation and a copy of the accreditor card.”

Article 8. Repeal of Clause 2 Article 6 of the Government’s Decree No. 49/2018/ND-CP dated March 30, 2018 on vocational education accreditation