Chương II Nghị định 49/2018/NĐ-CP: Điều kiện, thủ tục, thẩm quyền cấp, cấp lại, thu hồi giấy chứng nhận đủ điều kiện hoạt động kiểm định chất lượng giáo dục nghề nghiệp; đình chỉ hoạt động kiểm định chất lượng giáo dục nghề nghiệp; chức năng, nhiệm vụ, trách nhiệm và quyền hạn của tổ chức kiểm định chất lượng giáo dục nghề nghiệp

Chapter II

CONDITIONS AND PROCEDURES FOR ISSUANCE, REISSUANCE AND REVOCATION OF THE CERTIFICATE OF ELIGIBILITY FOR ACCREDITATION; SUSPENSION OF VOCATIONAL EDUCATION AND TRAINING ACCREDITATION; FUNCTIONS, TASKS, RESPONSIBILITIES AND ENTITLEMENTS OF ACCREDITATION ORGANIZATIONS

Section 1. CONDITIONS FOR ISSUANCE OF THE CERTIFICATE OF ELIGIBILITY FOR ACCREDITATION

Article 4. Conditions for issuance of the certificate of eligibility for accreditation to a domestic organization that is a service provider/enterprise

1. The domestic organization shall be established and operate in accordance with Vietnam’s law.

2. The domestic organization shall have a stable office for at least 2 years; have sufficient working office of 8 m² per person for accreditors; have sufficient equipment for vocational education and training accreditation.

3. The person who is directly in charge of vocational education and training accreditation shall satisfy requirements specified in Article 6 of this Decree.

4. The domestic organization shall have at least 10 accreditors working full-time under an employment contract or at least 12 month employment contract for the accreditation organization;

5. The domestic organization shall have the website of the education accreditation organization, including contents and database in service of vocational education and training accreditation.

Article 5. Conditions for issuance of the certificate of eligibility for accreditation to a foreign organization

1. The foreign organization shall satisfy the conditions specified in Article 4 of this Decree.

2. The foreign organization has engaged in education, vocational education, education accreditation or vocational education and training accreditation for at least 5 consecutive years by the time of applying for the certificate of eligibility for accreditation.

Article 6. Conditions applied to person who is directly in charge of vocational education and training accreditation of accreditation organization

A person who is directly in charge of vocational education and training accreditation must:

1. be the head or deputy head of the accreditation organization that is a service provider; general director or deputy general director; director or deputy director of the accreditation organization that is an enterprise.

2. have full legal capacity; have no criminal convictions, have a judicial record in accordance with regulations applied to Vietnamese citizens, have documents proving that he/she is not an offender or facing criminal charges in accordance with the foreign country’s law applied to foreign citizens.

3. possess an unexpired accreditor card.

Section 2. PROCEDURES FOR ISSUANCE, REISSUANCE AND REVOCATION OF THE CERTIFICATE OF ELIGIBILITY FOR ACCREDITATION; SUSPENSION OF VOCATIONAL EDUCATION AND TRAINING ACCREDITATION

Article 7. Power to issue, reissue and revoke the certificate of eligibility for accreditation; suspension of vocational education and training accreditation

The Minister of Labor, War Invalids and Social Affairs shall issue, reissue and revoke the certificate of eligibility for accreditation and suspend vocational education and training accreditation.

Article 8. Procedures for issuance and reissuance of the certificate of eligibility for accreditation

1. The domestic organization shall submit 01 set of application for issuance of the certificate of eligibility for accreditation, including:

a) An application form (Form No. 01 in the Appendix hereof);

b) A copy of the establishment decision, regarding the service provider or a copy of the enterprise registration certificate, regarding the enterprise;

c) Profile of the person who is directly in charge of vocational education and training accreditation of the accreditation organization: A decision on appointment of the person who is directly in charge of vocational education and training accreditation and documents specified in Clauses 2 and 3 Article 6 of this Decree;

d) Profile of the accreditor of the accreditation organization: A copy of the accreditor card; a copy of the employment contract between the accreditation organization and the accreditor;

dd) A copy of the certificate of land use right and house ownership if the house is owned by the service provider according to the establishment decision or by the person named in the enterprise registration certificate or copies of house or land lease contracts if the accreditation organization rents an office;

e) A declaration of the area of working office and equipment for vocational education and training accreditation;

g) Address of the accreditation organization’s website.

2. The foreign organization shall submit 01 set of application for issuance of the certificate of eligibility for accreditation, including:

a) Documents specified in Clause 1 of this Article;

b) A copy of the investment registration certificate;

c) Documents proving that the foreign organization has engaged in education, vocational education, education accreditation or vocational education and training accreditation for at least 5 consecutive years by the time of applying for the certificate of eligibility for accreditation, including:

- A summary of the formation and development of the accreditation organization in terms of education, vocational education, vocational education and training accreditation, specifying achievements and links to relevant websites;

- The license for involvement in education, vocational education and vocational education and training accreditation granted by the home country or grant/recognized by a legal international association.

Foreign documents shall be consularly legalized by the Ministry of Foreign Affairs of Vietnam or a diplomatic mission/consular mission or an authority authorized to perform consular functions of Vietnam in a foreign country, except for exemption from consular legalization in accordance with the laws on consular legalization.

3. Applications for reissuance of the certificate of eligibility for accreditation:

a) In case of adjustment to the certificate of eligibility for accreditation, the application includes:

- An application form (Form No. 02 in the Appendix hereof);

- An issued certificate of eligibility for accreditation;

- Documentary evidences for eligibility for accreditation with regard to the adjusted contents.

b) In case the certificate of eligibility for accreditation is lost or damaged, an application form (Form No. 02 in the Appendix hereof) is required.

4. Procedures for issuance and reissuance of the certificate of eligibility for accreditation

a) The applicant for issuance or reissuance of the certificate of eligibility for accreditation shall submit 01 set of application for issuance or reissuance of the certificate of eligibility for accreditation, directly or by post, to the Directorate of Vocational Education and Training;

b) Within 20 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall, according to Clauses 1, 2 and 3 of this Article, appraise and submit it to the Ministry of Labor, War Invalids and Social Affairs for decision on issuance or reissuance of the certificate of eligibility for accreditation. In case the application is unsatisfactory, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant;

c) Within 10 working days from the date the application of the Directorate of Vocational Education and Training, the Minister of Labor, War Invalids and Social Affairs shall issue or reissue the certificate of eligibility for accreditation (Form No. 03 in the Appendix hereof). In case of rejection, the Directorate of Vocational Education and Training shall provide written explanation for the applicant;

d) Within 05 working days from the date of issuance or reissuance of the certificate of eligibility for accreditation, the Directorate of Vocational Education and Training shall send the copy of the certificate of eligibility for accreditation to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The list of accreditation organizations issued or reissued with the certificate of eligibility for accreditation shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training.

Article 9. Suspension of vocational education and training accreditation

1. An accreditation organization shall have its operation suspended in one of the following cases:

a) It fails to maintain fulfillment of one of the conditions specified in Articles 4 and 5 of this Decree during its operation;

b) It conducts vocational education and training accreditation subjectively and dishonestly and accepts false result.

2. Suspension duration:

a) In case the accreditation organization has its operation suspended in the case specified in Point a Clause 1 of this Article, the minimum suspension duration is 01 month until the causes for suspension are rectified, the maximum duration is 03 months;

b) In case the accreditation organization has its operation suspended in the case specified in Point b Clause 1 of this Article, the minimum suspension duration is 03 months.

3. Procedures for suspension of vocational education and training accreditation:

a) Within 10 working days from the receipt of the conclusion given by the competent authority prescribed in Article 26 of this Decree on violations specified in Clause 1 of this Article, the Directorate of Vocational Education and Training shall request the Ministry of Labor, War Invalids and Social Affairs to decide to suspend vocational education and training accreditation;

b) The decision on suspension of vocational education and training accreditation shall specify suspension reason and duration;

c) Within 05 working days from the date of issuance of the suspension decision, the Directorate of Vocational Education and Training shall send the copy of the suspension decision to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The suspension decision shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training.

4. Procedures for permitting the accreditation organization to continue its operation suspended in case the causes for suspension specified in Point a Clause 1 of this Article are rectified within the maximum duration set forth in Point a Clause 2 of this Article:

a) An application for permission to continue vocational education and training accreditation includes:

- An application form (Form No. 04 in the Appendix hereof);

- Documents proving that the accreditation organization has rectified the causes for suspension of vocational education and training accreditation.

b) Procedures:

- The accreditation organization shall submit 01 set of application for permission to continue vocational education and training accreditation, directly or by post, to the Directorate of Vocational Education and Training;

- Within 20 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall consider and submit it to the Ministry of Labor, War Invalids and Social Affairs for decision on permission to continue vocational education and training accreditation. In case the application is unsatisfactory, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant;

- Within 10 working days from the date on which the application of the Directorate of Vocational Education and Training is received, the Minister of Labor, War Invalids and Social Affairs shall permit the accreditation organization to continue its operation. In case of rejection, the Directorate of Vocational Education and Training shall provide written explanation for the applicant.

c) Within 05 working days from the date of issuance of the decision on permission to continue vocational education and training accreditation, the Directorate of Vocational Education and Training shall send the copy of such decision to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The decision on permission to continue vocational education and training accreditation shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training.

5. In case the accreditation organization has its operation suspended in the case specified in Point b Clause 1 of this Article, the accreditation organization sends a commitment to maintain fulfillment of one of the conditions specified in Articles 4 and 5 to the Directorate of Vocational Education and Training during the suspension period. After the suspension duration, the accreditation organization may return to its business. In case of no commitment, the accreditation organization must not return to its business.

Article 10. Revocation of the certificate of eligibility for accreditation

1. An accreditation organization shall have its certificate of eligibility for accreditation revoked in the following cases:

a) It applies for suspension of vocational education and training accreditation;

b) It falsifies the certificate of eligibility for accreditation;

c) It commits a fraud or forges documents in pursuit of having the certificate of eligibility for accreditation issued or reissued;

d) The certificate of eligibility for accreditation is issued ultra vires;

dd) It incurs administrative penalties for violations against regulations on vocational education and training accreditation 3 times within 12 months;

e) It has its operation suspended twice within 12 months or the suspension duration is expired while the causes for suspension fail to be rectified;

g) It conducts vocational education and training accreditation within the suspension duration;

h) The service provider is dissolved or the enterprise involved in accreditation has its enterprise registration certificate revoked.

2. Applications for revocation of the certificate of eligibility for accreditation

a) In case the accreditation organization applies for suspension of its operation, the application includes:

- An application form (Form No. 05 in the Appendix hereof);

- A copy of the issued certificate of eligibility for accreditation;

- A plan for protection of legitimate rights and interests of organizations and individuals related to vocational education and training accreditation prepared by the accreditation organization.

b) In case of involuntary revocation of the certificate of eligibility for accreditation, the application includes:

- A written request for revocation of the certificate of eligibility for accreditation submitted by the General Director of Vocational Education to the Minister of Labor, War Invalids, specifying reasons for revocation;

- Evidences for involuntary revocation of the certificate of eligibility for accreditation.

3. Procedures for revocation of the certificate of eligibility for accreditation

a) In case the accreditation organization applies for suspension of its operation:

- The accreditation organization shall submit 01 set of application for suspension of its operation, directly or by post, to the Directorate of Vocational Education and Training;

- Within 20 working days from the date on which the satisfactory application is received, the Directorate of Vocational Education and Training shall consider and submit it to the Ministry of Labor, War Invalids and Social Affairs for decision on revocation of the certificate of eligibility for accreditation. In case the application is unsatisfactory, within 05 working days from the date on which the application is received, the Directorate of Vocational Education and Training shall provide written explanation for the applicant.

- Within 10 working days from the date on which the application of the Directorate of Vocational Education and Training is received, the Directorate of Vocational Education and Training shall decide to revoke the certificate of eligibility for accreditation.

b) In case of involuntary revocation of the certificate of eligibility for accreditation:

- The Directorate of Vocational Education and Training shall prepare an application for revocation of the certificate of eligibility for accreditation and submit it to the Minister of Labor, War Invalids and Social Affairs;

- Within 10 working days from the date on which the application of the Directorate of Vocational Education and Training is received, the Directorate of Vocational Education and Training shall decide to revoke the certificate of eligibility for accreditation.

4. Within 05 working days from the date of issuance of the decision on revocation of the certificate of eligibility for accreditation, the Directorate of Vocational Education and Training shall send the copy of such decision to the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. The decision on revocation of the certificate of eligibility for accreditation shall be published on the website of the Ministry of Labor, War Invalids and Social Affairs and the Directorate of Vocational Education and Training. Within 05 working days from receipt of the decision on revocation of the certificate of eligibility for accreditation, the accreditation organization shall return the certificate of eligibility for accreditation to the Directorate of Vocational Education and Training.

5. When revoked the certificate of eligibility for accreditation, the vocational education and training accreditation contracts between the accreditation organization and vocational education and training institutions/vocational education and training service providers that are being executed shall be terminated. The accreditation organization shall protect legitimate rights and interests of organizations and individuals related to vocational education and training accreditation conducted by the accreditation organization.

Section 3. FUNCTIONS, TASKS, RESPONSIBILITIES AND ENTITLEMENTS OF ACCREDITATION ORGANIZATIONS

Article 11. Functions, tasks and responsibilities of accreditation organizations

1. An accreditation organization has the following functions:

a) Assess and recognize vocational education and training institutions and training programs that meet vocational education and training accreditation standards;

b) Issue and revoke the certificate of institutional accreditation.

2. An accreditation organization has the following tasks and responsibilities:

a) Publish the certificate of eligibility for accreditation, location of headquarters, list of accreditors and list of members of the vocational education and training accreditation council shall be published on its website;

b) Comply with regulations on criteria, standards and procedures for and cycle of vocational education and training accreditation promulgated by the Ministry of Labor, War Invalids and Social Affairs; issue and revoke the certificate of institutional accreditation provided in Chapter IV of this Decree;

c) Handle accreditiors’ propositions in case it is incapable of carrying out peer assessments of vocational education and training institutions and training programs;

d) Establish a vocational education and training accreditation council in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs;

dd) Provide profiles of accreditors and documents about vocational education and training accreditation at the request of the competent authority in accordance with laws;

e) Manage accreditors and staff of the accreditation organization;

g) From 01 to 10 December, submit a report on vocational education and training accreditation to the Directorate of Vocational Education and Training and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization’s headquarters is located. (Form No. 06 in the Appendix hereof). Both electronic and physical copies shall be submitted;

h) Submit ad hoc reports at the request of the Ministry of Labor, War Invalids and Social Affairs, the Directorate of Vocational Education and Training and the Department of Labor, War Invalids and Social Affairs of the area where the accreditation organization's headquarters is located;

i) Perform other tasks prescribed by law.

Article 12. Entitlements of accreditation organizations

An accreditation organization is entitled to:

1. Perform the functions specified in Clause 1 Article 11 of this Decree.

2. Hire domestic and foreign accreditors and experts to execute vocational education and training accreditation contracts, apart from the full-time accreditors specified in Clause 4 Article 4 of this Decree.

3. Participate in domestic and foreign professional associations for vocational education and training accreditation.

4. Sign contracts for provision of vocational education and training accreditation services.

5. Exercise other entitlements prescribed by law.