Nghị định 48/2015/NĐ-CP về quy định chi tiết một số điều của Luật Giáo dục nghề nghiệp

DECREE

ON GUIDELINES FOR LAW ON VOCATIONAL EDUCATION

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Law on vocational education dated November 27, 2014;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The Government issues a Decree on guidelines for Law on vocational education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree promulgates guidelines for Law on vocational education, including:

1. Competence and state management of the vocational education.

2. International cooperation in vocational education, including: requirements, competence and procedures for issuance of certificates in registration of joint training with foreign institutions; requirements and procedures for establishment, acquisition, division of foreign-invested vocational education institutions (hereinafter referred to as foreign-invested institutions).

3. Rights and obligations of enterprises in vocational education.

Article 2. Regulated entities

1. Public, private or foreign-invested vocational education centers; vocational training schools or vocational colleges.

2. Vocational education authorities in the central government (hereinafter referred to as central vocational education authorities); Ministries, ministerial-level agencies; People’s Committees of central-affiliated cities and provinces (hereinafter referred to as People's Committees of provinces), specialized agencies of People's Committees of provinces in charge of state management of vocational education in provinces (hereinafter referred to as vocational education authorities of provinces); People’s Committees of districts and central-affiliated provinces (hereinafter referred to as People’s Committees of districts); People’s Committees of communes, wards and towns (hereinafter referred to as People’s Committees of communes).

3. Vietnamese and foreign organizations and individuals involved in vocational education activities in Vietnam.

Article 3. Vocational education authorities

Vocational education authorities include:

1. Central vocational education authorities.

2. Local vocational education authorities: People's Committees of provinces in charge of state management of vocational education in the provinces within their tasks and entitlement as prescribed in this Decree.

Chapter II

COMPETENCE AND STATE MANAGEMENT OF THE VOCATIONAL EDUCATION

Article 4. Competence and state management of vocational education of central vocational education authorities

1. Taking charge and cooperate with Ministries, ministerial-level agencies or relevant agencies in formulation of the following documents that submit to the Government in order for the Government to consider:

a) Submitting Bills or Draft Resolutions to National Assembly for approval; submitting Draft Ordinances or Draft Resolutions to National Assembly Standing Committee for approval;

b) Issuing Decrees or Resolutions of the Government.

2. Taking charge and cooperate with Ministries, ministerial-level agencies or relevant agencies in formulation of the following documents that submit to the Prime Minister in order for the Prime Minister to consider:

b) Issuing Decisions or Directives, long-term, medium-term or short-term strategies, planning, or plans; target programs or projects for development of vocational education;

b) Organizing structures to enable Heads of central vocational education authorities to carry out state management of vocational education as prescribed.

3. Issuing Circulars or Decisions on standards, economic and technical norms; specialized instructions in vocational education within their competence.

4. Directing, giving instructions, inspecting, evaluating and taking responsibility for implementation of regulations of law, policies, strategies, planning, plans, target programs and projects for vocational education which were approved by competent agencies.

5. Imposing regulations on minimum body of knowledge for each vocational education level.

6. Imposing regulations on requirements pertaining to qualifications of graduates of every vocational education level, including: vocational knowledge, skills, attitude, professional liability on the basis of national standards of vocational skills equivalent to vocational education levels and degree of autonomy to perform students’ jobs for the requirements of their disciplines.

7. Imposing regulations on process of formulation, assessment, issuance and implementation of training programs of elementary-level, intermediate-level and college-level which are year-based, credit-based or module-based programs; process of compilation, selection, assessment, approval and use of vocational education textbooks; regulating bridge programs and association of implementation of training programs in Vietnamese institutions; criteria for determination of high quality training programs.

8. Imposing specific regulations on requirements and procedures for establishment or permission for the establishment, acquisition, or division of institutions or branches of institutions (excluding foreign-invested institutions); requirements, competence and procedures for issuance and revocation of the certificates of registration of vocational education activities.

9. Issuing Charter of vocational colleges, vocational training schools and vocational education centers; imposing regulations on enrollment quotas of institutions and issuance of the enrollment and training statutes; implementation of training programs according to disciplines, year-based, module-based or credit-based programs; continuing training programs, job-related training programs in enterprises or training courses in improvement of vocational skills for employees; regulations on statutes of tests, examination, recognition of graduation; regulations on forms of degrees/certificates in vocational education, the printing, management, dispense, revocation and cancelation of such degrees/certificates; regulations on responsibilities of foreign-invested institutions in the award of degrees/certificates in Vietnam.

10. Imposing specific regulations on qualifications in professional competence and proficiency applied to educators teaching at vocational education levels, including: qualifications in training, certificates in vocational skills as required by vocations, certificates in pedagogy; professional competence and proficiency of titles of educators and vocational education administrative officials; qualifications of Heads of institutions; statutes of assessment of vocational education civil servants; contents and methods for recruiting vocational education civil servants; working condition of vocational educators; contents of training programs, training courses in vocational skills, pedagogy provided for educators in institutions and institutions training vocational educators and administrative officials; forms and statutes of management and issuance of certificates in vocational education pedagogy. Providing instructions in training and employment of educators or instructors of continuing training programs and vocational education administrative officials. Directing and organizing examination in promoted professional titles for vocational education civil servants and awarding the honors for vocational educators as prescribed.

11. Issuing statutes for students.

12. Imposing regulations on requirements pertaining to facilities of institutions according to disciplines; lists and criteria for minimum equipment conforming to training requirements of every training level according to disciplines; lists and criteria for minimum equipment conforming to training requirements of national major vocations or high quality vocations to reach the regional and international advanced level; material consumption during training for every vocation, training level and national major vocation or high quality vocation to reach the regional and international advanced level.

13. Imposing list of disciplines at college or intermediate levels; list of heavy and harmful disciplines or vocations; lists of disciplines or vocations that foreign organizations and individuals are permitted to cooperate or invest in vocational education in Vietnam.

14. Imposing regulations on requirements and competence in establishment or permission for establishment or dissolution of vocational education quality assessment organizations; tasks and entitlement of vocational education quality assessment organizations; criteria, process and period of vocational education quality assessment; recognition of reports of education quality assessment organizations; issuance and revocation of certificates in vocational education quality assessment; criteria, tasks and entitlement of auditors, organizations training auditors of vocational education quality assessment; management and issuance of vocational education quality assessor’s cards; and creation of system of quality assurance of institutions.

15. Managing and promoting international cooperation in vocational education as prescribed.

16. Imposing regulations on procedures for recognition of degrees/certificates in vocational education issued and recognized by foreign institutions which are equivalent to degrees/certificates awarded to graduates of overseas institutions.

17. Providing instructions in ranking of institutions.

18. Issuing decisions on establishment, acquisition, division or dissolution of public vocational colleges or permission for establishment, acquisition, division or dissolution of private vocational colleges, foreign-invested vocational colleges; recognition of private vocational colleges; non-profit foreign-invested vocational colleges; and issuance of representative office establishment license of foreign institutions operating in Vietnam. Granting vocational colleges and higher education institutions registration of vocational educational activities.

19. Providing instructions and inspecting operation of associations or non-governmental organizations in vocational education as prescribed.

20. Directing, providing instructions and applying information technology in vocational education. Releasing statistics, communication and establishing database of vocational education.

21. Directing and organizing assignments of study, propagation and application of science and technology, production, business or services in vocational education.

22. Periodically, organizing and directing the organization of national contests for good teachers, handmade educational equipment, art and sports for students, and cooperating with authorities in charge of labor state authorities in organization of national workmanship contests and participation in ASEAN or international workmanship contests.

23. Mobilizing, managing and using resources to develop vocational education.

24. Inspecting the adherence to law on vocational education; dealing with complaints, denunciation and violations against law on vocational education as prescribed.

25. Performing tasks or exercise entitlements as prescribed.

Article 5. Responsibilities of Ministries and ministerial-level agencies in cooperation with central vocational education authorities in state management of vocational education

1. Ministries and ministerial-level agencies shall cooperate with central vocational education authorities in state management of vocational education within their competence in order to ensure the unified State management of vocational education.

2. Ministries and ministerial agencies having affiliated institutions have responsibilities to:

a) Formulate and implement long-term, medium-term or short-term strategies, planning, or plans for vocational education of Ministries, ministerial agencies in accordance with national strategies, planning, or plans for vocational education development in order to conform to technical manpower needs of industries and society;

b) Prepare scheme for training and carrying out policies for educators and vocational education administrative officials of affiliated institutions as prescribed;

c) Issue decisions on establishment, suspension, acquisition, division or dissolution of affiliated vocational training schools, vocational education centers as prescribed in law on vocational education and guidance of central vocational education authorities;

d) Issue decisions on recognition of rankings of affiliated public vocational colleges, vocational training schools and vocational education centers as prescribed; appointment, re-appointment, discharge or dismissal of Principals of affiliated vocational colleges, vocational training schools, Directors of affiliated vocational education centers as prescribed in regulations of central vocational education authorities and relevant regulations;

dd) Organize nation contests for good teachers, handmade educational equipment, art, sports or workmanship as prescribed;

e) Manage and inspect implementation of statutes of enrollment, examination, recognition of graduation and issuance of degrees or certificates in affiliated institutions as prescribed;

g) Provide instructions and inspect implementation of autonomy of affiliated public institutions as prescribed;

h) Organize structure of state management of vocational education of Ministries or agencies (if any) as prescribed; directly manage institutions of Ministries or agencies (if any) within their tasks;

i) Apply information technology, release statistics, establish database and send period reports on educational activities of affiliated institutions of Ministries or agencies (if any) as prescribed in regulations of central vocational education authorities;

k) Manage, instruct and inspect the use of government budget and other lawful receipts from affiliated institutions; conduct private sector involvement in vocational education, mobilize social resources to develop vocational education, ensure autonomy and self-responsibility of affiliated institutions as prescribed;

l) Promote international cooperation in vocational education within their competence;

m) Inspect the implementation of policies, law or tasks performed by affiliated institutions; deal with complaints, denunciation and violations against law on vocational education of the affiliated institution as prescribed.

3. Ministries in charge shall cooperate with central vocational education authorities in providing guidance on qualifications of officials, educators and professional competence in design of programs and training organization of particular disciplines under management of their Ministries or agencies as prescribed.

Article 6. Competence and state management of the vocational education of People’s Committees of the provinces

1. Formulate long-term, medium-term or short-term planning or plans for vocational education; programs and projects for vocational education development of provinces in conformity with manpower needs of provinces; measures for improvement of quality and effectiveness of vocational education in provinces, then submit them to the People’s Councils of provinces and implement those approved plans or programs; ensure requirements pertaining to budget, teaching staff, administrative officials, civil servants, employees, facilities of public institution of provinces.

2. Manage institutions affiliated to provinces and manage institutions affiliated to Ministries, ministerial agencies, private institutions or foreign-invested institutions in administrative divisions according to Regulations of institutions issued by a competent agency and relevant law provisions. Enable institutions in administrative divisions to provide training activities, disseminate technical-scientific advances and technology transfers.

3. Issue decisions on establishment, suspension, acquisition, division or dissolution of public vocational training schools or vocational education centers affiliated to provinces and permission for establishment, acquisition, division or dissolution of private vocational training schools or vocational education centers in provinces as prescribed in law on vocational education and guidance of central vocational education authorities.

4. Manage and inspect implementation of statutes of enrollment, examination, recognition of graduation and issuance of degrees or certificates of institutions affiliated to provinces as prescribed.

5. Manage and inspect qualifications for vocational educators and administrative officials; instruct and direct scheme for training and employment of vocational teaching staff and administrative official staff in provinces as prescribed in regulations of central vocational education authorities.

6. Carry out registration of vocational education activities for vocational training schools or vocational education centers, enterprises registering vocational education as prescribed in regulations of central vocational education authorities.

7. Decide to recognize rankings of public vocational colleges, vocational training schools and vocational education centers affiliated to provinces; recognize private or foreign-invested non-profit vocational training schools or Vocational education centers; appoint, re-appoint, discharge or dismiss Principals of affiliated vocational colleges or vocational training schools, Directors of affiliated vocational education centers as prescribed in regulations of central vocational education authorities.

8. Organize national contests for good teachers, handmade educational equipment, art sports or workmanship as prescribed.

9. Instruct affiliated institutions to comply with regulations of law on vocational education; inspect the adherence to law on vocational education of the institution and other organizations engaged in vocational education in the administrative divisions within their competence.

10. Instruct public institutions affiliated to province to give positions and structure of civil servants according to professional titles as prescribed; inspect the implementation of autonomy and self-responsibility for finance, organization and human resources of institutions as prescribed.

11. Carry out polices on support for vocational training and private sector involvement in vocational education.

12. Release statistics, apply information technology of vocational education activities; and send periodical reports on vocational education to central vocational education authorities.

13. Promote international cooperation in vocational education within their competence.

14. Submit estimates and settlement of vocational education funding to the People’s Councils for decision as prescribed in the Law on State budget and regulations in force.

15. Inspect the adherence to law on vocational education in administrative divisions within their competence.

16. Deal with complaints, denunciation and violations against law on vocational education as prescribed.

17. Establish specialized agencies helping the People’s Committee of the province to conduct state management of vocational education in the provinces as prescribed in this Decree and relevant regulations.

18. Exercise other entitlements and perform other tasks as prescribed.

Article 7. Responsibilities of People’s Committees of districts for supporting People's Committees of provinces in state management of vocational education

The People’s Committees of districts shall carry out state management of vocational education within their competence and take responsibility to People's Committees of provinces for vocational education development in the districts as prescribed herewith.

Article 8. Responsibilities of People’s Committees of communes for supporting People's Committees of districts in state management of vocational education

The People’s Committees of communes shall carry out state management of vocational education within their competence and take responsibility to superior People's Committees for vocational education development in the communes as prescribed herewith.

Chapter III

INTERNATIONAL COOPERATION IN VOCATIONAL EDUCATION

Section 1. JOINT TRAINING

Article 9. Joint training methods

1. Provide in Vietnam using Vietnamese programs or programs developed by both parties and issue degrees/certificates of Vietnam.

2. Provide in Vietnam using transferred foreign programs and issue degrees/certificates of Vietnam that are recognized by reputable international educational institutions.

3. Provide in Vietnam using foreign programs or bilateral programs and issue foreign degrees/certificates that are recognized by reputable international educational institutions.

4. Provide in Vietnam using transferred foreign programs and issue degrees/certificates of Vietnam that are recognized by reputable international educational institutions.

5. Provide a part of Vietnamese programs or foreign programs in Vietnam and a part of foreign programs abroad and issue foreign degrees/certificates that are recognized by reputable international educational institutions.

Article 10. Requirements for issuance of certificates in registration of joint training activities

1. Disciplines and training levels

Each institution shall only engage in joint training activities with foreign educational institution(s) according to joint training methods as prescribed in Article 9 of this Decree within scope of disciplines or training levels approved by a Vietnamese competent agency.

2. Requirements for enrolled students of joint training programs:

a) Regarding degrees/certificates issued by Vietnamese institutions, the enrolled students are required to comply with Vietnamese regulations;

b) Regarding degrees/certificates issued by foreign institutions, the enrolled students are required to comply with foreign regulations. These requirements are equivalent to requirements for enrolled students of foreign institutions as prescribed in regulations of home country and those requirements are approved by central vocational education authorities;

c) Regarding degrees/certificates jointly issued by both Vietnamese institutions and foreign institutions, the enrolled students are required to comply with Point a and Point b Clause 2 of this Article.

3. Facilities and equipment

a) Facilities are required to conform to scope and training levels of every discipline, in particular:

- There are ordinary classrooms and school-labs conforming to training scope as prescribed. Minimum area of an ordinary classroom: 1.5 m²/classroom, minimum area of a school-lab: 4 - 6 m²/classroom;

- There are workshops conforming to requirements for practice according to training programs;

- There are laboratories and ordinary classrooms conforming to requirements pertaining to teaching, studying and research according to training programs.

b) Training equipment is required to conform to the list of minimum training equipment pieces according to disciplines issued by central vocational education authorities. Regarding disciplines whose list of minimum training equipment pieces is not issued by the central vocational education authorities, they are required to have adequate training equipment as specified in the training program and equivalent to training scope of those disciplines.

4. Training programs and textbooks

a) Institutions engaged in join training must provide adequate programs, textbooks, learning materials serving the study of students;

b) Quality of training programs must be verified and recognized as prescribed in regulations of central vocational education authorities.

5. Teaching staff

a) Educators teaching joint training programs must satisfy at least the qualifications prescribed in Article 54 of Law on vocational education, or craftsmen, skilled educators and obtain certificates in pedagogy or equivalence.

b) Foreigner educators teaching joint training programs must have at least 05 years' experience in the same disciplines;

c) Teaching staff and administrative official staff must be sufficient and conformed to structure of disciplines and training levels, in which:

- Maximum student-educator ratio: 25 students for every one educator regarding following disciplines: human civilization, economics and services; 20 students for every one educator regarding following disciplines: technique, technology; or 15 students for every on educator regarding disciplines requiring aptitude of students;

- There are tenured educators undertaking at least 60% body of knowledge of each join training discipline.

6. Languages

a) Language used in teaching and learning of subjects in joint training programs for foreign degrees/certificates is foreign language, teaching in Vietnamese or via translation is not permitted; language used in joint training programs for Vietnamese degrees/certificates is Vietnamese or via translation;

b) Each educator teaching in foreign language in the joint training program must have foreign language levels meeting requirements of the program, provided that it is not lower than the Six-level Vietnam's framework of reference for language or equivalence.

c) Each enrolled students of the joint training program must gain achievement of foreign language at the third level of the Six-level Vietnam's framework of reference for language or equivalence.

d) According to needs of the students, joint-institutions may provide training courses in foreign languages in order to enable for the students to gain achievement at levels prescribed in Point c Clause 6 of this Article before providing official training courses.

7. Training scope of the joint training program shall be determined according to requirements for quality assurance of the program prescribed in Clause 3 and Clause 5 of this Article.

Article 11. Dossiers on registration of joint training activities

1. A document on registration of joint training activities which is signed by contracting parties in the joint training activities

2. A report on satisfaction of requirements pertaining to joint training activities jointly made by contracting parties which contains: objectives of joint training program; disciplines and training levels; facilities and equipment condition; programs and textbooks; list of expected teachers and lecturers (enclosed with proven documents on their professional competence and teaching experience); entities and criteria for enrollment; training scope; methods of examination and evaluation; degrees/certificates, value of foreign degrees/certificates in comparison with degrees/certificates of national education system of Vietnam; measures for quality assurance and risk management; department in charge of joint training programs (enclosed with programs vitae of the representative of the Vietnamese institution and the foreign institution in charge of management of the program); tuition fees, financial aid of Vietnamese and foreign individuals or organizations (if any), budget estimates, financial management regime; responsibilities and entitlements of joint contracting parties; responsibilities and rights of educators and students.

3. An agreement on cooperation between joint contracting parties.

4. A certified true copy of the decision on establishment or permission for establishment of the institution or other equivalent documents of joint contracting parties.

5. A certified true copy of proven document on permission for training in fields which are expected for joint training program of the Vietnamese institution or the foreign institution.

6. A certified true copy of quality evaluation certificate of foreign training program or foreign institution or quality certificate issued by a competent agency.

Article 12. Procedures for issuance of certificates of registration of joint training activities

1. Joint contracting parties shall compile a dossier as prescribed in Article 11 of this Decree and send it to:

a) The central vocational education authority if it is a dossier on registration of joint training activities of the vocational college or the higher education institution;

b) The vocational education authority of province in charge if it is a dossier on registration of joint training activities of the vocational education center or the vocational training school.

2. Within 05 working days, from the date on which the dossier is received, the receiving body shall verify the dossier. If the dossier is not satisfactory, the receiving body shall send a notification of amendments to the dossier to joint contracting parties.

3. Within 30 working days, from the date on which the satisfactory dossier is received, the receiving body shall take charge and cooperate with relevant agencies in assessment of the satisfaction of requirements, make reports and send them to the competent authorities prescribed in Article 13 of this Decree for consideration and decision.

4. Within 05 working days, from the date on which the assessment report is received, the competent authorities shall send responses.

5. If the application is rejected, within 05 working days, from the date on which responses of competent authorities are received, the receiving body shall provide explanation in writing.

6. Within 10 working days, from the date on which the certificate of registration of joint training activities is issued, the vocational education authority of province shall send a copy of the certificate of registration of joint training activities to the central vocational education authority.

7. If there is any change in the certificate of registration of joint training activities, the institution is required to apply for additional registration to the competent agency as prescribed in Article 13 of this Decree.

Article 13. Competence in issuance of certificates of registration of joint training activities

1. Heads of central vocational education authorities shall issue certificates of registration of joint training activities to vocational colleges and higher education institutions.

2. Heads of vocational education authorities of provinces where the institutions are located shall issue certificates of registration of joint training activities to vocational education centers or vocational training schools.

Article 14. Suspension of enrollment and termination of joint training activities

1. An institution is suspended from enrollment on joint training activities in following cases:

a) It fails to satisfy requirements pertaining to joint training activities prescribed in Article 10 of this Decree at the enrollment time;

b) It commits fraud acts for issuance of the certificate of registration of joint training activities;

c) It takes place enrolment without receipt of the certificate of registration of joint training activities;

2. Joint training activities of an institution shall be terminated in following cases:

a) At the request of joint contracting parties;

b) It fails to eliminate causes for enrolment suspension when the enrolment suspension term expires;

c) It commits violations against regulations of law causing serious consequence;

d) It fails to carry out joint training activities after 24 months from the date on which the certificate of registration of joint training activities is issued.

3. The competent person who is in charge of issuance of certificates of registration of joint training activities prescribed in Article 13 of this Decree shall have entitlement to suspend or terminate joint training activities as prescribed.

4. Within 30 working days, from the date on which the institution is suspended from enrolment or its joint training activities are terminated, the institution must reimburse students for training funding, pay teaching remuneration, ensure other lawful rights and interests of students, educators, civil servants and employees according to their labor contracts or collective bargaining agreement; and pay tax liabilities and other debts (if any).

Section 2. FOREIGN-INVESTED INSTITUTIONS

Article 15. Procedures for permission for establishment

1. Procedures for permission for establishment of a foreign-invested institution:

a) Issuing a certificate of investment as prescribed in law on investment;

b) Issuing a decision on establishment of institution;

c) Issuing a certificate of registration of vocational education activities.

2. Procedures for permission for establishment of a branch of the institution in the province or city other than the province or city where the headquarter of the institution is located:

a) Issuing a certificate of investment as prescribed in law on investment;

b) Issuing a decision on establishment of the branch of the institution;

c) Issuing a certificate of registration of vocational education activities for the branch of the institution.

3. Procedures for permission for establishment of a branch of the institution in the same province or city:

a) Adjusting the issued certificate of investment;

b) Issuing a decision on establishment of the branch of the institution;

c) Issuing a certificate of registration of vocational education activities for the branch of the institution.

Article 16. Requirements for investment permit

1. Investment capital:

a) With regard to an investment project for establishment of foreign-invested vocational education centers, its investment rate is at least VND 60 million/student (excluding land use expenses). Total minimum investment capital shall be determined according to number of students (converting to full-time students) at the time in which the expected training scope is highest;

b) With regard to an investment project for establishment of foreign-invested vocational training schools or vocational colleges; or an investment project for establishment of branches of foreign-invested vocational training schools or vocational colleges, its investment rate is at least VND 100 million/student (excluding land use expenses). Total minimum investment capital shall be determined at the time in which the expected training scope is highest, provided that it is not lower than VND 100 billion;

c) If the foreign-invested institution does not construct new facilities but it rents facilities or receives available facilities from Vietnamese institution through capital contribution, the investment rate is at least 70% of investment rates prescribed in Point a and Point b Clause 1 of this Article.

2. Facilities:

a) Minimum land area for construction: 25 m²/student regarding vocational training schools or vocational colleges and 04 m²/student regarding vocational education centers at the time in which the training scope is highest as mentioned in the plan for development of foreign-invested institution;

b) There are adequate classrooms and conference rooms in conformity with the training scope;

c) There are adequate working rooms, administrative zones and school headquarters meeting requirements pertaining to organizational structure of departments, faculties or subjects, ensuring minimum area is at least 04 m²/person regarding vocational education centers, 06 m²/person regarding vocational training schools or 08 m²/person regarding vocational colleges;

d) There are libraries, practical rooms, laboratories, experiment gardens in conformity with each discipline;

dd) There are dormitories, clubs, dining rooms, health or technical buildings, buildings for recreation, sports, culture and sanitation serving officials, teachers, lecturers, or students;

e) There are teaching devices, machinery or equipment in conformity with training scope and level of each specific discipline;

g) Each foreign-invested institution registering for operation for at least 20 years in Vietnam is required to have a plan for facility construction and obtain an approval for land allocation or land lease for facility construction issued by the People’s Committee of the province. If the institution registers for operation for within 05 years in Vietnam, it is required an agreement on rules for renting facilities stably in order to provide training programs and ensure the investment in facility construction under rate of progress of the project;

h) Each foreign-invested institution registering for operation for under 20 years in Vietnam is not required to construct its own facilities, but it is required to have an agreement on renting appropriate and stable schools, classrooms, workshops, auxiliary areas for at least 05 years.

3. Training programs:

a) Training programs in a foreign-invested institution must meet requirements prescribed in Clause 1 Article 34 of Law on vocational education, the programs does not cause any harm to national defenses and security and community benefits; does not propagate religions or distort history; and does not cause negative effects on culture, morality or habits and customs of Vietnam;

b) The foreign-invested institution is entitled to teach Vietnamese training programs; or foreign training programs as prescribed;

c) Heads of central vocational education authorities shall impose regulations on compulsory subjects for students who are Vietnamese citizens learning foreign training programs in foreign-invested vocational training schools or vocational colleges.

4. Teaching staff:

a) Each educator is required to have at least qualifications as prescribed in Clause 5 of Article 10 and Point b Clause 6 Article 10 of this Decree;

b) Rate of educators obtaining postgraduate qualifications accounts for at least 15% of all educators of the vocational training schools or vocational colleges;

c) Foreign-invested institutions must have adequate number of tenured educators who obtain at least 60% of body knowledge of each training discipline.

Article 17. Requirements for issuance of certificates of investment;

1. For an investment project for establishment of a foreign-invested institution:

a) There is an investment project which conforms to planning for socio-economic development and institution network approved by a competent agency;

b) There is a pre-feasibility study on establishment of the institution as prescribed in Point d Clause 1 Article 18 of this Decree;

c) There is a source of land plots allocating or leasing to the investor or there is an agreement on rules for renting available facilities as prescribed in Point g and Point h Clause 2 Article 16 of this Decree;

d) There is enough financial capacity to carry out the investment project according to the investment rates as prescribed in Clause 1 Article 16 of this Decree.

2. For an investment project for establishment of a branch of the vocational training school or the vocational college:

a) The vocational training school or vocational college having investment project for establishment of branch has been undergone quality assessment or recognized by Vietnamese or foreign competent agencies;

b) There is a source of land plots allocating or leasing to the investor or there is an agreement on rules for renting available facilities as prescribed in Point g and Point h Clause 2 Article 16 of this Decree;

c) There is a pre-feasibility study on establishment of the branch of the institution as prescribed in Point e Clause 2 Article 18 of this Decree;

d) There is enough financial capacity to carry out the investment project for establishment of branches of the institution as prescribed in Clause 1 Article 16 of this Decree.

Article 18. Application for issuance of certificates of investment;

1. For an investment project for establishment of an institution:

a) An application form for issuance of certificate of investment;

b) Documents on confirmation of legal status of the investor:
If the investor is an organization, it is required to submit a certified true copy of the Decision on establishment or Certificate of Business registration or other equivalent documents. If the investor is a Vietnamese individual, he/she is required to submit a certified true copy of passport or ID number or programs vitae; if the investor is a foreign individual, he/she is required to submit criminal record additionally except for aforesaid documents.

c) An eco-technical description which contains: objectives, scope, location of investment; investment capital; rate of progress; demand for land use or agreement on renting available location or facilities in accordance with regulations of law; measures for technology and environment; or request for investment incentives (if any);

d) A pre-feasibility study on establishment of an institution, which contains:

- Type of institution applying for establishment; establishment necessity; conformity with planning for socio-economic development and institution network approved by a competent agency;

- Name; training objectives, duties; plan for construction, development and training scope of the institution in each period; scheduled structure of the organization, management or administration;

- Scheduled degrees/certificates; facilities, training equipment; training programs; teaching staff.

dd) Documents proving financial capacity of the investor the investment rates as prescribed in Clause 1 Article 16 of this Decree.

2. For an investment project for establishment of a branch of the vocational training school or the vocational college:

a) An application form for issuance of the certificate of investment or amendments to the certificate of investment;

b) A certified true copy of the decision on permission for establishment of vocational training school or vocational college;

c) A certified true copy of certificate of vocational education registration.

d) A quality evaluation certificate of the school applying for establishment of the branch or certification of quality issued by the competent agencies;

dd) An eco-technical description related to establishment of the branch, including contents prescribed in Point c Clause 1 of this Article;

e) A pre-feasibility study on application for establishment of the branch, which contains:

- Necessity of establishment of the branch;

- Name; operation scope; plan for construction, development and training scope equivalent to each period; expected structure of the organization, management or administration;

- Scheduled facilities, training equipment; training programs; teaching staff in accordance with regulations of this Decree.

g) Documents proving financial capacity of the investor according to the investment rates as prescribed in Clause 1 Article 16 of this Decree.

3. A certification issued by the foreign agency to the investor is required to be consularly legalized at the Ministry of Foreign Affairs of Vietnam or diplomatic missions, consular offices or authorized consular agency of Vietnam abroad, except for cases in which the international agreements to which the Socialist Republic of Vietnam is a signatory otherwise regulated.

Article 19. Procedures and competence in issuance of certificates of investment

1. Procedures and competence in issuance of certificates of investment shall comply with regulations of law on investment.

2. Within 05 working days, from the date on which the certificate of investment is issued, the issuing body shall send a copy of the certificate of investment to:

a) The central vocational education authority regarding the investment project for establishment of vocational colleges and their branches;

b) Vocational education authorities of provinces regarding the investment project for establishment of vocational education centers or vocational training schools and their branches;

Article 20. Requirements for establishment permit

1. The certificate of investment is issued.

2. There is a project for establishment meeting requirements pertaining to facilities, equipment, programs, textbooks, and teaching staff as prescribed in Article 16 of this Decree.

Article 21. Application for establishment permit

An application for establishment of a foreign-invested institution includes:

1. An application form for establishment of the foreign-invested institution.

2. A certified true copy of the certificate of investment.

3. A project for establishment of the institution, which clarifies:

a) Name of the institution; objectives and tasks; scope; scheduled degrees/certificates; scheduled organizational structure;

b) Specific plan for construction, development and training scope of the institution in each period, which clarifies requirements pertaining to facilities, equipment; training programs; and teaching staff as prescribed in Clause 2, 3 and 4 of Article 16 of this Decree.

4. An approval for land allocation or land lease issued by the People’s Committee of the province regarding cases in which construction of facilities is required (clarifying address, area and boundary markers of the land plot) and an agreement on rules for renting available facilities in accordance with regulations of law and relevant legal documents.

5. An investment project for construction of facilities, including description and detailed design of the educational institution regarding cases in which construction of facilities are required.

6. Documents proving financial capacity according to the investment rates as prescribed in Clause 1 Article 16 of this Decree.

Article 22. Procedures and competence in establishment permit

1. Each investor shall submit 01 dossier as prescribed in Article 21 of this Decree to:

a) The central vocational education authority regarding the application for establishment of the vocational college;

b) The vocational education authority of province regarding the application for establishment of the vocational education center and vocational training school.

2. Within 05 working days, from the date on which the application is received, the receiving body shall verify the application and send it to relevant agencies for consultation. If the application is not satisfactory, the receiving body shall send a notification of amendments to the application to the investor.

3. Within 10 working days, from the date on which the Official Dispatch on consultation is received, the consulted agency is required to provide response.

4. Within 30 working days, from the date on which the satisfactory application is received, the receiving body shall make report on assessment and submit it to the competent agency as prescribed in Clause 6 Article 18 of Law on vocational education for consideration and decision.

5. Within 10 working days, from the date on which the satisfactory application is received, the receiving body shall make report on assessment and submit it to the competent agency as prescribed in Clause 6 Article 18 of Law on vocational education for consideration and decision.

6. If the application is rejected, within 05 working days, from the date on which the response issued by the competent agency is received, the receiving body shall provide explanation for the investor in writing.

Article 23. Duration of operation

Duration of operation of the foreign-invested institution is not longer than 50 years, from the date on which it is established. If necessary, the Government shall decide a longer duration, provided that it does not exceed 70 years.

Article 24. Requirements for establishment of a branch

1. There is a certificate of investment together with establishment of the branch of a vocational training school or a vocational college or adjusted certificate of investment.

2. The institution has been undergone quality assessment carried out by an agency, organization or a Vietnamese or foreign competent agency.

3. There is a project for establishment of the branch as prescribed in Point e Clause 2 Article 18 of this Decree.

4. There is enough financial capacity to carry out the investment project for establishment of branch of the institution as prescribed in Clause 1 Article 16 of this Decree.

Article 25. Application for establishment of a branch

1. An application form for establishment of the branch of the vocational training school or vocational college.

2. A certified true copy of the certificate of investment together with establishment of the branch of the vocational training school or the vocational college or adjusted certificate of investment.

3. A certified true copy of the quality assessment certificate or certification of quality issued by the Vietnamese or foreign competent agency.

4. A detailed project for application for establishment of the branch must contain:

a) Name of the branch; objectives and tasks; scheduled organizational structure and vocational education activities at the branch;

b) Specific plan for construction, development and training scope of the branch in each period, which clarifies requirements pertaining to facilities, equipment; training programs; and teaching staff in accordance with regulations of law.

5. An approval for land allocation or land lease issued by the People’s Committee of the province regarding cases in which construction of facilities is required (clarifying address, area and boundary markers of the land plot) and an agreement on rules for renting available facilities in accordance with regulations of law and relevant legal documents.

6. An investment project for construction of facilities, including description and detailed design of the branch regarding cases in which construction of facilities is required.

7. Documents proving financial capacity according to the investment rates as prescribed in Clause 1 Article 16 of this Decree.

Article 26. Procedures and competence in establishment permit

1. The investor applying for establishment of a branch of the vocational training school or the vocational college shall send an application as prescribed in Clause 1 Article 22 of this Decree to the competent agency prescribed in Clause 6 Article 18 of Law on vocational education.

2. Within 05 working days, from the date on which the application is received, the receiving body shall verify the application and send it to relevant agencies for consideration. If the application is not satisfactory, the receiving body shall send a notification of amendments to the application to the investor.

3. Within 10 working days, from the date on which the Official Dispatch on consultation is received, the consulted agency is required to provide response.

4. Within 30 working days, from the date on which the satisfactory application is received, the receiving body shall make report on assessment and submit it to the competent agency as prescribed in Clause 6 Article 18 of Law on vocational education for consideration and decision.

5. Within 05 working days, from the date on which the report on assessment is received, the competent agency shall consider permitting establishment of the branch of the vocational training school or the vocational college.

6. If the application is rejected, within 05 working days, from the date on which the response issued by the competent agency is received, the receiving body shall provide explanation for the investor in writing.

Article 27. Registration of vocational education activities

1. Each institution and the branch of foreign-invested vocational training school or vocational college in Vietnam may only carry out vocational education activities after receiving the certificate of vocational education activity registration.

2. Heads of central vocational education authorities shall impose specific regulations on requirements, competence and procedures for issuance and revocation of certificate of vocational education activity registration or certificate of additional vocational education activity registration.

Article 28. Announcement of establishment of institutions and branches of foreign-invested vocational training schools or vocational colleges

Within 03 working days, from the date on which the decision on permission for establishment of the institution or the decision on permission for establishment of branch of the vocational training school or vocational college, the central vocational education authority or the vocational education authority of province shall announce information about the institution or the branch on their website, including:

1. Name of the institution or the branch in Vietnamese or popular foreign language;

2. The certificate of investment if it is required (number, date, issuing agency and total registered investment capital);

3. The decision on permission for establishment of the institution or the branch (number, date and issuing agency);

4. The certificate of vocational education activity registration; the certificate of additional vocational education activity registration (if any);

5. Full name of the Principal (Director) of the institution or the person in charge of the branch;

6. Address of the institution or the branch and following information: phone number, fax, symbol and website (if any), email;

7. Account number at the bank where the institution or the branch usually enters into transactions.

Article 29. Acquisition or division of institutions

1. Acquisition or divisions of a foreign-invested institution must follow rules below:

a) Conform to requirements pertaining to socio-economic development of Vietnam;

b) Conform to planning for institution network;

c) Improve quality and effectiveness of vocational education;

d) Ensure rights of officials, employees, educators and students of the institution;

dd) New institution after acquisition or divisions is required to meet all requirements prescribed in Article 16 of this Decree.

2. The competent agency permitting establishment of foreign-invested institutions shall have competence in permission for acquisition or divisions of foreign-invested institutions.

3. An application for acquisition or division of a foreign-invested institution includes:

a) An application form for acquisition or division of the institution;

b) One in following documents:

An agreement on acquisition drawn up by the legal representative of the institution. The agreement on acquisition must contains: name, address of head office of the acquired institution; name, address of head office of the acquiring institution; procedures and requirements for acquisition; plan for employee employment; term, procedures and requirements for conversion of assets, capital holding of the acquired institution into capital holding of the acquiring institution and acquisition term;

Decision on division of a foreign-invested institution approved by the owner of the institution. The decision on division of the institution must in accordance with regulations of law in force and contains: name, address of the divided institution; name and address of the new institution; rules and procedures for division of assets; plan for employee employment; term and procedures for conversion of capital holding of the divided institution into the new institution; rules for solutions for obligations of the divided institution; division term. The decision on division must be sent to all creditors and all employees shall be informed within 01 month, from the date on which the decision is approved.

4. Procedures for acquisition or division of a foreign-invested institution:

a) The application for acquisition or division of a foreign-invested institution shall be submitted to the receiving body as prescribed in Clause 1 Article 22 of this Decree;

b) Within 30 working days, from the date on which the satisfactory application is received, the receiving body shall make report on assessment and submit it to the competent agency as prescribed in Clause 6 Article 18 of Law on vocational education for consideration and decision.

Chapter IV

RIGHTS AND OBLIGATIONS OF ENTERPRISES IN VOCATIONAL EDUCATION ACTIVITIES

Article 30. Rights of enterprises

An enterprise has rights to:

1. Establish an institution if it has an establishment project meeting all requirements in accordance with regulations of the Head of the central vocational education authority.

2. Provide elementary-level training and continuing training at the working place of the enterprise as follows:

a) Trained entities are employees at the enterprise and other employees having training needs;

b) The training programs include elementary-level and continuing training programs prescribed in Point a, b, c and d Clause 1 Article 40 of Law on vocational education;

c) Instructors are educators or scientists, engineers, technical officials, craftsmen, skilled workers, good farmers having certificates in pedagogy suitable for the programs they teach;

d) Come to agreement on salaries and methods of salary payment during the training duration with students who are employees of the enterprise;

dd) The head of the enterprise shall award elementary certificate or training certificate to students finishing the training programs if they fulfill all requirements. The training certificate must clarify training curriculum and duration;

3. Participate in Council of public vocational colleges or vocational training schools; Board of Directors of private vocational colleges or vocational training schools if the business line of the enterprise relates to disciplines of the school.

4. Participate in formulation of list of training disciplines; formulation of training programs and textbooks; provision of training courses or instructions in internship, evaluation of learning outcomes of students at institutions.

5. Cooperate with institutions to provide elementary-level, intermediate-level or college-level training programs and continuing training programs; provide training courses according to order of institutions or the State.

6. Exercise other rights as prescribed in Article 51 of Law on vocational education and relevant legislative documents.

Article 31. Obligations of enterprises

An enterprise has obligations to:

1. Provide information about annual training demands and recruitment of employees of the enterprise according to disciplines and training level for vocational education authorities.

2. Send representatives who are specialists or technical officials to participate in formulation of training disciplines; formulation of training programs or textbooks; provision of training courses, instructions in internship and evaluation of learning outcomes of students at institutions.

3. Provide its training courses, cooperate with institutions in training courses, and take an order with institutions to train recruited employees.

4. Receive educators of other institutions to visit, practice for improvement of vocational skills at the enterprise, update and assess to new technology; pay salaries to educators who directly or indirectly make the products meeting specification over the duration of training, practice, or probation at the enterprise as agreed.

5. Receive students of other institutions to visit, practice for improvement of vocation skills at the enterprise according to the agreement on join training concluded with the enterprise; pay salaries to educators who directly or indirectly make the products meeting specification over the duration of training, practice, or probation at the enterprise as agreed; and conclude agreements on job-related training with employees without tuition fee terms after recruitment.

6. Pay training expenses, pay salaries to employees for the time in which the employees participate in job-related training courses according to the agreements concluded between the enterprise and the employees as prescribed.

7. Make plans, training programs, provide training courses in improvement of vocational skills for employees of the enterprise.

8. Implement social responsibility for vocational education activities, commit to contribute to the sustainable development of vocational education through activities aimed at improving the quality of training, human resources meet the needs of business, community and society.

9. Fulfill other obligations as prescribed in Article 52 of Law on vocational education and relevant legislative documents.

Chapter V

IMPLEMENTATION

Article 32. Effect

1. This Decree takes effect from July 1, 2015.

2. Decree No. 70/2009/NĐ-CP dated August 21, 2009 of the Government on responsibility for state management of vocational training shall be annulled.

3. Regulations on: foreign cooperation or investment in vocational training; vocational education; vocational training institutions; institutions; vocational colleges; college level prescribed in Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on foreign cooperation or investment in education and Decree No. 124/2014/NĐ-CP dated December 29, 2014 of the Government on amendments to Clause 6 Article 31 of Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government shall be annulled from the effective date of this Decree.

4. Regulations on: vocational colleges, training programs of vocational colleges prescribed in Decree No. 141/2013/NĐ-CP dated October 24, 2013 of the Government on guidelines for the Law on Higher Education shall be annulled from the effective date of this Decree.

5. “Dạy nghề” shall be replaced with “giáo dục nghề nghiệp” prescribed in Clause 11 Article 8 of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on organization of specialized agencies affiliated to the People’s Committees of central-affiliated cities and provinces; Clause 5 Article 7 of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on organization of specialized agencies affiliated to the People’s Committees of districts, towns or cities affiliated to provinces.

6. Regulations on: vocational colleges, professional secondary schools, continuing education centers, general technical center - vocation and professional secondary level prescribed in Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government on state management of education shall be annulled from the effective date of this Decree.

7. The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall help the Government to conduct state management of vocational education at the central governments as prescribed in following regulations until the Government decides central vocational education authorities:

a) The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall cooperate in regulations prescribed in Clause 1 and Clause 2 Article 4 of this Decree according to the rules that if a case occurring closely relating to the system of institutions under management of a Ministry, such Ministry shall take charge of that case, the other Ministry shall cooperate with the former Ministry according to the assignment given by the Prime Minister.

b) The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall cooperate in issuance of Joint Circular on state management of vocational education regarding intermediate-level or college-level as prescribed in Clause 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 Article 4 of this Decree;

c) The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall carry out state management of vocational education regarding intermediate-level or college-level as prescribed in Clause 4, 15, 18, 19, 20, 21, 22, 23, 24 and 25 Article 4 of this Decree;

d) The Ministry of Labor, War Invalids and Social Affairs shall carry out state management of vocational education as prescribed in Point a, b and c Clause 7 of this Article and directly carry out state management of vocational education regarding elementary-level training organization and activities; training programs in the form of apprenticeship; under-3-month programs; job-related training programs; improvement of vocational skills for employees; training programs for rural area workers and policies on support for elementary-level and under-3-month training programs.

Article 33. Implementation

1. Heads of vocational education authorities shall take responsibility for implementation of this Decree within their functions, tasks, powers and responsibility.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of central-affiliated cities and provinces and relevant agencies, organizations, and individuals shall take responsibility for implementation of this Decree./.

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