Chương IV Nghị định 15/2019/NĐ-CP: Điều kiện, thẩm quyền, thủ tục cấp giấy chứng nhận đăng ký hoạt động liên kết đào tạo với nước ngoài

Chapter IV

REQUIREMENTS, AUTHORITY AND PROCEDURES FOR ISSUANCE OF THE CERTIFICATE OF REGISTRATION OF INTERNATIONAL JOINT TRAINING PROGRAM

Article 21. Forms of International Joint Training Programs

1.  The joint training program is entirely run in Vietnam:

a. Based on the programs developed by both parties and provide Vietnamese qualifications and certificates;

b. Based on the programs transferred from foreign countries and recognized by international training organizations and provide Vietnamese qualifications and certificates;

c. Based on the foreign programs or programs developed by both parties and recognized by international training organizations. Such programs are designed to provide foreign qualifications and certificates;

d. Based on the programs transferred from foreign countries and recognized by international training organizations. Such programs are designed to provide Vietnamese and international qualifications and certificates.

2.  The joint training program is partially run in Vietnam and in a foreign country:

a. Based on the foreign programs recognized by international training organizations and provide Vietnamese qualifications and certificates;

b. Based on the foreign programs recognized by international training organizations and provide foreign qualifications and certificates;

c. Based on the foreign programs or programs developed by both parties and recognized by international training organizations. Such programs are designed to provide both Vietnamese and foreign qualifications and certificates.

Article 22. Requirements for providing an International Joint Training Program

1. Training disciplines and degree levels

Vocational schools and vocational education institutions which cooperate with foreign training schools in providing joint training programs specified in Article 22 hereof may provide training programs in the vocational disciplines and issue vocational degrees, except for political, national defense, security and religious disciplines. Also, they shall ensure that the contents of the programs do not cause any harms to the national defense and security and community benefits’ do not propagate religions, distort history and cause negative impacts to the culture, ethics and habits and customs of Vietnam.

2. Enrollment entities for joint training programs

a. If the programs provide Vietnamese qualifications or certificates, the enrollment entities must comply with Vietnamese law;

b. If the programs provide foreign qualifications or certificates, the enrollment entities must comply with foreign laws;

c. If the programs provide both Vietnamese and foreign qualifications or certificates, the enrollment entities must comply with the regulations specified in points a and b, clause 2 of this Article.

3. Training facilities and equipment

a. There must be classrooms, laboratories, practice rooms and training workshops; the vocational schools shall satisfy the requirements for teaching, learning and studying the training programs and the training scale requirements of each joint training discipline.  The area of the classrooms, practice rooms and training workshops which are used for learning and teaching must be at least 05 m² per one seat;

b. Training equipment used for each joint training discipline must be sufficient according to the regulations of the training programs and must conform to the training scale of each discipline. 

4. Training programs and teaching materials

Vocational training institutions and vocational education institutions providing joint training programs shall ensure adequate provision of textbooks and teaching materials suitable to the programs.   

5. The teaching staff and administrative officials must be sufficient in quantity, suitable to the disciplines and comply with the regulated standards, to be specific:

a. Educators teaching the joint training programs specified in clauses 1a and 1b, clause 2a, Article 21, hereof shall satisfy the training requirements specified in Article 54 of the Law on Vocational Education or must be artisans with high skills;

b. Educators teaching the joint training programs specified in clause 1c, clause 2b, Article 21 hereof shall satisfy the requirements of the joint training programs or the national standards of the country which cooperates in providing joint training with Vietnamese vocational schools;

c. Educators teaching the joint training programs specified in clause 1d, clause 2c, Article 21 hereof shall satisfy the requirements specified in points a and b, clause 5 of this Article;

d. Educators that use a foreign language to teaching the joint training programs must satisfy the language requirements of the programs as agreed by the parties.  Educators who are foreigners teaching a foreign language at the vocational school must have bachelor’s degrees or higher and suitable foreign language teacher certificates;

dd. Educators who are foreigners teaching joint training programs shall satisfy the requirements specified in the law regulations on foreign workers in Vietnam;

e. The maximum rate is 25 students per 01 teacher.

6. Language for teaching and learning:

a. Language used for teaching and learning specialized subjects of the joint training programs which provide Vietnamese or foreign qualifications or certificates must be Vietnamese or a foreign language or must be translated by a translator;

b. Students participating in the joint training programs which provide foreign certificates must satisfy the language requirements of the contract parties, but they must at least achieve the outcome language level 3 of Vietnam's language proficiency framework or equivalent standards;

c. Based on the needs of students, the contract parties may provide language training programs to help students to achieve the levels specified in point b, clause 6 of this Article.

Article 23. Application for registration of joint vocational training

There must be 01 application for registration of joint vocational training, consisting of:

1. An application form for registration of joint vocational training signed by the parties, using form 3A in Appendix hereto.

2. A report on the actual conditions for carrying out joint training activities. Such report is developed by the parties by using form 3B in Appendix hereto.

3. A copy of the written permission to provide trainings in the expected training disciplines. Such permission is granted to the Vietnamese and foreign vocational schools. 

4. A copy of the quality assessment certificate of foreign training programs provided by foreign vocational schools or quality assurance documents of the competent agencies.

Article 24. Authority to issue certificates of registration of joint training programs

1. Director General of the General Department of Vocational Education shall issue certificate of registration of joint training programs to colleges and higher educational institutions.

2. Director the Department of Labor, Invalids and Social Affairs shall issue the certificates of registration of joint training programs to intermediate schools, vocational training centers and enterprises that run joint training programs in their provinces.

Article 25. Procedures for issuing certificates of registration of joint training programs

1. Procedures

a. A vocational school or a vocational training facility participating in joint training programs shall make an application dossier as specified in Article 23 hereof and send it to the General Department of Vocational Education in person or by using online public services or by post, if they request the certificate of registration of joint training programs to be given to a college; if they request the certificate to be given to a vocational training center or an intermediate school, they shall send the application dossier to the Department of Labor, Invalids and Social Affairs;

b. Within 15 working days after receiving the complete and valid application dossier, the receiving agency shall take charge and cooperate with related agencies or units to carry out appraisal for the actual ability to satisfy the requirements specified in Article 20 hereof.  Based on the results of the above-mentioned appraisal, the competent person mentioned in Article 24 hereof shall issue the certificate of registration of joint training program by using form 3C in Appendix hereto.

If the application is deemed unsatisfactory, within 03 working days after receiving such application, the receiving agency shall provide explanations in writing.

2. Deadline for send the certificate of registration of joint training programs:

Within 02 working days after the certificate of registration of joint training programs is granted to a college or a high education institution, the General Department of Vocational Education shall send the copy of such certificate to the provincial People's Committee for supervision and management. Also, they shall post on their website the permission to give such certificate;

b. Within 02 working days after the certificate of registration of joint training programs is granted to an intermediate school or a vocational training center or an enterprise, the Department of Labor, Invalids and Social Affairs shall send a copy of such certificate to the General Department of Vocational Education for supervision and management and shall post on their website the permission to give the certificate.

Article 26. Suspension and termination of joint training activities

1. The joint training activities of vocational school or vocational training facility shall be terminated if they fall into one of the following cases:

a. During the enrollment period, they do not satisfy the requirements for joint training specified in Article 22 hereof;

c. They commit frauds to obtain the certificate of registration of joint training programs;

c. They organize an enrollment without having the certificate of registration of joint training programs;

d. The person issuing the certificate of registration of joint training programs is not authorized;

dd. Other cases regulated by laws.

2. The joint training activities of a vocational school or a vocational training facility shall be terminated if they fall into one of the following cases:

a. At the request of the contract parties;

b. The suspension period has ended but the reasons causing the suspension have not been rectified;

c. Violations against the law regulations are committed and cause serious consequences;

d. The joint training activities are not carried out within 24 months or more after the certificate of registration of joint training programs is received;

dd. Other cases as regulated by laws.

3. Authority to suspend joint training activities

a. Director General of the General Department of Vocational Education has the power to suspend the joint training activities of colleges and high education institutions;

b. Director of the Department of Labor, Invalids and Social Affairs has the power to suspend the joint training activities of intermediate schools, vocational training centers and enterprises.

4. Procedures for suspending joint training activities

The competent person who is authorized to suspend the joint training activities specified in clause 3 of this Article shall carry out the suspension procedures as follows:

a. Inspect and evaluate the violation level and determine the reasons for suspending the joint training activities;

b. Within 10 working days after receiving the violation inspection and evaluation results and the suspension reasons, the competent person mentioned in clause 3 of this Article shall issue the decision on suspension of joint training activities, using form 4A in Appendix hereto, send a notification to the related agency for cooperation in implementing such decision and for this agency to post the decision on their website.  The decision on suspension of joint training activities shall clearly specify the suspension reasons, contents and deadline, as well as the methods for ensuring the legal rights and benefits of students, teachers, administrative officials, employees and workers;

c. Within 30 working days after the decision on suspension of joint training activities is received, the vocational school or the vocational training facility shall refund the tuition fees for students and pay the salaries for teachers, as well as ensuring other legal rights and benefits of students, teachers, administrative officials, employees and workers under the labor contracts which have been signed or the signed collective labor agreement; pay the tax debts and other debts (if any);

d. After the suspension period ends, if the reasons causing the suspension are rectified, the competent person decided to suspend the joint training activities shall give permission to resume such activities, using form 4B in Appendix hereto and shall post this permission on the agency’s website.  If the permission to resume the joint training activities is not received, there must be a written notification sent to the contract parties, in which the reasons and solutions are clearly specified.

5. Application documents and procedures for resuming the joint training activities

a. Within 15 working days before the suspension period ends, the representatives of the contract parties shall send an application form to the competent person who suspended the joint training activities mentioned in clause 3 of this Article in person or via online public service portal or by post, in order for him/her to resume such activities;

b. Within 15 working days after receiving the valid and sufficient application dossier, the receiving agency shall take charge and cooperate with related agencies and units to appraise the actual ability to satisfy the joint training requirements specified in Article 22 hereof;

c. Based on the results of the appraisal, the competent person mentioned in clause 3 of this Article shall terminate the suspension of the joint training activities and give permission to resume such activities.

6. Termination of joint training activities

a. Within 60 working days before terminating the joint training activities, the contract parties shall send a report on the termination of such activities to the General Department of Vocational Education if they terminate the activities of a college or a higher educational institution; or to the Department of Labor, Invalids and Social Affairs in the province where the head office is located, if they terminate the activities of a vocational training center, an intermediate school or an enterprise, in order for such Department to carry out supervision and management;

b. The report on the termination of joint training activities shall clearly specify the termination reasons and contents and the methods for ensuring legal rights and benefits of students, teachers, administrative officials, employees and workers; payments for the tax debts and other debts (if any).