Chương IV Thông tư 10/2015/TT-BXD: Tổ chức đào tạo, kiểm tra và cấp giấy chứng nhận đã hoàn thành khóa đào tạo

Chapter IV

PROVISION OF TRAINING, EXAMINATION AND GRANT OF CERTIFICATES OF COMPLETION OF TRAINING COURSES

Article 12. Entities receiving training courses in management of apartment buildings.

1. Entities specified in clause 1, Article 2 hereof shall take all subjects in the curricula stipulated in Article 10 and 11 hereof.

2. Entities prescribed in clause 2, Article 2 hereof shall take the following subjects besides those specified in Article 10 and points a and b, clause 1, Article 11 hereof (14 periods):

a) Basic terms of agreements on apartment building management services and agreements on apartment building maintenance; classification of disputes and jurisdiction to settle disputes over hereinabove agreements (04 periods);

b) Potential legal consequences in case disputes over agreements on apartment building management services and agreements on apartment building maintenance occur (02 periods);

c) Background knowledge of documents and drawings of apartment buildings, including the content of documents and types of drawings (02 periods);

dd) Other respective topics according to trainees' demands;

Article 13. Rules for provision of training courses in management of apartment buildings.

1. Only training institutions recognized by the Ministry of Construction as stipulated in Article 7 hereof are eligible for provision of training courses in management of apartment buildings.

2. The provision of professional training in management of apartment buildings shall comply with the following provisions:

a) The training institution shall submit a notification of the time and location of provision of the training course, timetable, schedule of final examination and list of lecturers delivering lectures for the training course that is provided to entities specified in clauses 1 and 2, Article 2 hereof within 05 working days prior to the starting time of the training course.

b) The training course shall be provided at the place and with the curriculum and lecturers that are approved by the Ministry of Construction under provisions of this Circular, each class shall be included in a teaching log signed by the lecturer;

c) Trainees specified in clause 1, Article 2 hereof shall do field surveys, practice and achievement reports as prescribed in clause 3, Article 9 hereof and shall take the final exam as promulgated in Article 14 hereof, after the completion of theory. After having the results of the final exam, the Director of the training institution shall set up a Council for evaluation of academic performances as a basis for grant of Certificates of Completion of the Training Course;

d) After completion of the training course specified in clause 2, Article 12 hereof, trainees specified in clause 2, Article 2 of this Circular shall be granted the Certificate of Completion of the Training Course.

Article 14. Final exams

1. Entities specified in clause 1, Article 2 hereof shall be entitled to take the final exam if they satisfy the following requirements:

a) Attend at least 80% of theoretical periods;

b) Participate in practical periods and submit achievement reports stipulated in clause 3, Article 9 hereof.

2. Any trainee who drops out of his/her training course must fulfill unfinished specialized subjects as promulgated in this Circular before taking the final exam.

3. The final exam may be multiple choice questions or the combination of multiple choice and essay questions and shall last for 90 minutes. The exam shall be marked by lecturers.

4. Where the trainee fails the final exam, the training institution shall hold the final exam one more time.

5. According to the training schedule published by the training institution as stipulated in point a, clause 2, article 13 hereof, the Department of Construction where the training course is provided shall assign their personnel to supervise the provision of the training course and the organization of final exams of such training institution.

Article 15. Certificates of Completion of Training Courses

The grant of Certificates of Completion of Training Courses shall be specified as follows:

a) If the trainee specified in clause 1, Article 2 hereof passes the final exam and his/her academic performance is recognized as satisfactory by the Council for Evaluation of Academic Performances, such trainee shall be granted a Certificate of Completion of the Training Course using the form prescribed in Annex 05 to this Circular within 15 days from the day on which the exam is taken;

b) If the trainee specified in clause 2, Article 2 hereof attending all periods prescribed in clause 2, Article 12 hereof shall be granted the Certificate of Completion of the Training Course in management of apartment buildings for Members of Management Board using the form in Annex 6 to this Circular within 15 days from the date of termination of the training course;

c) For any trainee specified in clause 1 and clause 2, Article 2 hereof attending training courses that are provided to both aforesaid entities may be granted 02 certificates stipulated in point a and point b of this Article.2. The training institution shall be responsible for publication, management and grant of Certificates of Completion of Training Courses to trainees specified in clause 1 of this Article. The Certificate of Completion of the Training Course shall be valid for 05 years from the date of registration; after the effective period of such Certificate, the trainee shall attend an additional training course to update novel knowledge and skills which has been changed in comparison with that in the curriculum specified in Chapter III hereof and such trainee shall be granted a Certificate of Completion of the Training Course according to new Curriculum under provisions of this Circular.4. Within 05 days from the date of grant of the Certificate of Completion of the Training Course, the training institution shall submit a report on training results using the form in Annex 07 hereof to the Ministry of Construction and Department of Construction where the training course is provided.

Article 16. Re-grant of Certificates of Completion of Training Courses in case the valid Certificate of Completion of the Training Course is damaged or torn, the Certificate holder shall submit an application for re-grant of the Certificate of Completion of the Training Course, 02 photos (3x4) and the original Certificate of Completion of the Training Course to the training institution; the training institution shall state “re-grant” on the new Certificate of Completion of the Training Course.

2. In case of loss of the valid Certificate of Completion of the Training Course, the Certificate holder shall submit an application for re-grant of the Certificate of Completion of the Training Course, 02 photos (3x4) and the original Certificate of Completion of the Training Course to the training institution; the training institution shall state “re-grant” on the new Certificate of Completion of the Training Course.

3. Within 10 days from the date of receipt of the complete application specified in clause 1 and clause 2 of this Article, the training institution that granted the Certificate of Completion of the Training Course shall re-grant a new Certificate of Completion of the Training Course to the applicant according to the training record. The effective period of the new Certificate shall be the remaining effective period of the torn or lost Certificate.4. In case the training institution is dissolved or shut down, the applicant shall submit an application enclosed with documents specified in clauses 1 and 2 of this Article to the Department of Housing and Real Estate Market Management.5. Charges for re-grant of the Certificate of Completion of the Training Course shall be equal to that for grant of the Certificate of Completion of the Training Course and shall be paid by the applicant.

Article 17. Retention of training records

1. The training institution shall set up a training record for each training course as promulgated in clause 2 of this Article to serve the purposes of management and inspection of competent authorities.

2. A training record includes:

a) A list of trainees attending the training course and a list of trainees granted the Certificate of Completion of the Training Course;

b) A teaching log stipulated in point b, clause 2, Article 13 hereof;

c) A list of lecturers teaching in each registered training course;

d) Syllabuses and teaching materials;

 dd) A record of grant and re-grant of the Certificate of the Training Course;

e) Achievement reports, final exam papers ( including second final exam papers (if any)) and record of evaluation of academic performance by the Council (for those specified in clause 1, Article 2 hereof).3. The period of preservation of the training course specified in clause 2 of this Article shall comply with laws on document retention.