Chương II Nghị định 48/2015/NĐ-CP: Thẩm quyền và nội dung quản lý nhà nước về giáo dục nghề nghiệp

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.

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