Decree No. 02/2001/ND-CP detailing the implementation of the Labor Code and the Education Law on vocational training

DECREE OF THE GOVERNMENT

This Decree provides detailed implementation of the Labor Code and the Education Law regarding vocational training organization, activities, and service and advisory activities related to vocational training; types of vocational training institutions; rights, benefits, and responsibilities of vocational training institutions, vocational trainers, and trainees; investment policies and incentives for vocational training; state management of vocational training.

_______________________

 THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Labour Code dated June 23, 1994;

Pursuant to the Education Law dated December 2, 1998;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree specifies detailed implementation of the Labor Code and the Education Law concerning the organization and operation of vocational training and service and advisory activities related to vocational training; types of vocational training institutions; rights, interests, and responsibilities of vocational training institutions, vocational trainers, and trainees; investment policies and incentives for vocational training; state management of vocational training.

Article 2.

1. Vocational schools, vocational centers, vocational classes (collectively referred to as vocational training institutions) may be organized independently or affiliated with production and business establishments, services, or other educational establishments as provided for in this Decree.

2. Vocational training institutions as stipulated in Clause 1 of this Article include:

a) Public vocational training institutions established, invested in, and managed by competent state agencies;

b) Semi-public vocational training institutions established on the basis of collaboration between state agencies and organizations or individuals from various economic sectors or ownership forms, or by converting public vocational training institutions into semi-public ones; management and operation shall be carried out in accordance with the provisions of the law;

c) Private vocational training institutions established by political organizations, political-social organizations, economic organizations, social-professional organizations, or social organizations, funded by sources outside the state budget; self-management and operation in accordance with the provisions of the law, consistent with their objectives and purposes of activity;

d) Vocational training institutions of enterprises of all economic sectors (hereinafter collectively referred to as enterprises) and cooperatives established to provide vocational training, supplementary vocational training, and improve skill levels for workers to meet the requirements of production and business development, changes in production structure and technology, and to create employment opportunities;

đ) Private vocational training institutions established by individuals or groups of individuals who have the necessary conditions to invest and manage according to the provisions of the law;

e) Vocational training institutions established, built, and operated by overseas Vietnamese, foreign organizations, or international organizations based in Vietnam (hereinafter collectively referred to as foreign-invested vocational training institutions) in accordance with this Decree and relevant Vietnamese laws.

Article 3.

1. The Government encourages and creates favorable conditions for domestic and foreign organizations and individuals to invest in building and developing vocational training institutions to meet the needs of economic and social development:

a) Teaching general trades to address unemployment for those without jobs, unemployed workers, or other trades that meet the demands of the labor market;

b) Combining vocational training with employment at enterprises or cooperatives after the training period; retraining for job transfer within enterprises; pre-job training for female workers;

c) Linking vocational training with job creation at employment service centers, centers for implementing and applying technological progress, new technology transfer, and other service centers;

d) Providing vocational training and supplementary training for workers serving export labor and specialist needs;

đ) Offering vocational training suitable for the objectives of organizations establishing private vocational training institutions;

e) Enhancing the skills and knowledge of teachers, technical staff, and workers working at foreign vocational training institutions through training and new technology transfer;

Workers are permitted to learn vocational skills through part-time study, distance learning, or self-study with guidance according to the vocational training program prescribed by the Ministry of Labor, Invalids, and Social Affairs. After completing the program, if they meet the required conditions, they are eligible to take exams and, upon passing, will be awarded a vocational training diploma or certificate.

2. PreamblePrioritize the development of vocational training and implement appropriate incentive policies for trainees and vocational training institutions as follows:

a) Specialized vocational training for war invalids, disabled veterans, disabled persons, ethnic minorities; vocational training for workers in remote, mountainous, border, and island areas; traditional trades;

b) Trainees belonging to social welfare beneficiaries; trades involving heavy and hazardous work conditions; targeted training for highland, border, and island regions, receiving appropriate preferential policies regarding admission, scholarships, tuition fee exemptions, and graduation assessment as prescribed by the State.

Article 4.

1. Public, semi-public, and private vocational training institutions may be established when meeting the following conditions:

a) Having theoretical and practical teaching facilities, equipment, and means ensuring vocational training meets the skill level and standards set in the registered training program; ensuring safe and hygienic working conditions for trainees;

b) Having a teaching staff meeting the standard qualifications specified in Point d, Clause 1, Article 67 of the Education Law and the provisions of this Decree;

c) Having a vocational training curriculum consistent with the principles of curriculum construction prescribed by the Ministry of Labor, Invalids, and Social Affairs; having a teaching guide consistent with the training objectives and content;

d) Having sufficient capital and assets to ensure the operation of vocational training.

2. The Ministry of Labor, Invalids, and Social Affairs shall prescribe principles for constructing and organizing the implementation of long-term and short-term vocational training programs for vocational training institutions; selecting, training, and using vocational teachers who have not yet met the standard qualifications; coordinating with the Ministry of Education and Training to prescribe teacher training programs; providing professional training for vocational teachers.

Article 5.

1. Private vocational training institutions with ten or more students; vocational training institutions of enterprises and cooperatives organized into classes and charging tuition fees must meet the conditions stipulated in Clause 1 of Article 4 of this Decree.

2. Private vocational training institutions, vocational training institutions of enterprises, and cooperatives conducting short-term vocational training with fewer than ten students taught individually in workshops or homes and charging tuition fees must meet the following conditions:

a) Suitable training locations and equipment for practical training in accordance with the trade being taught, ensuring hygiene and safety conditions for trainees;

b) Having skilled personnel to guide practical training.

c) Possess sufficient tools and raw materials for students to practice;

d) Have a vocational training contract between the vocational training institution and the trainee;

đ) Register with the People's Committee of the commune, ward, town where the institution is located and the Department of Labor - Invalids and Social Affairs; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y ban nhân dân xã, phường, thị trấn nơi sở tại và Phòng Lao động - Thương binh và Xã hội.

3. Enterprises and cooperatives recruiting people to learn trades and apprenticeships to work at the enterprise or cooperative according to the agreed term in the vocational training and apprenticeship contracts shall not need to register their vocational training activities; they are not required to comply with the conditions for establishing vocational training institutions as stipulated in this Decree; they are not allowed to charge tuition fees.

Article 6. Foreign-invested vocational training institutions established in Vietnam under the form of schools or centers for vocational training through joint ventures, business cooperation, or wholly foreign-owned enterprises shall operate as follows:

1. The establishment and dissolution of foreign-invested vocational training institutions shall be governed by the Law on Foreign Investment in Vietnam;

2. Foreign-invested vocational training institutions must operate in accordance with the provisions of this Decree and Vietnamese laws, without harming national security, contravening Vietnamese traditional ethics and culture, and international treaties to which Vietnam is a party;

3. Foreign-invested vocational training institutions must register their operations with the Ministry of Labor - Invalids and Social Affairs.

Article 7.

1. Public, semi-public, private, and privately-run vocational training institutions with ten or more students; vocational training institutions of enterprises and cooperatives organized into classes must register their vocational training activities with the Department of Labor - Invalids and Social Affairs where they are located.

2. The following vocational training institutions must register their operations with the General Department of Vocational Training under the Ministry of Labor - Invalids and Social Affairs:

a) Vocational schools and centers directly under central agencies of political-social organizations, economic organizations, social-professional organizations, and social organizations;

b) Vocational schools and centers of ministries, ministerial-level agencies, government agencies, provincial-level administrative units, and centrally-administered municipalities with the mission of providing vocational training and skills upgrading for labor export.

Article 8.

1. Vocational training institutions required to register their operations must have their own charter and regulations on organization and operation that are consistent with those issued by the Ministry of Labor - Invalids and Social Affairs; they must comply with the law and the provisions of this Decree, respecting and ensuring the legitimate rights and interests of trainees as stipulated by law and in the vocational training contracts.

2. The relationship between vocational training institutions and trainees is established through regulations on vocational training enrollment or through the conclusion of vocational training contracts. Trainees must fully implement the charter and regulations of the vocational training institution.

Article 9.

1. Organizations and individuals engaged in paid services and consulting in the field of vocational training must comply with the following provisions:

a) Meet the conditions for operating services and consulting in vocational training as prescribed by the Ministry of Labor - Invalids and Social Affairs;

b) Register the scope and content of service and consulting activities in vocational training with the Department of Labor - Invalids and Social Affairs where they are located;

c) Comply with the law and fulfill commitments made in contracts with service and consulting beneficiaries; bear legal responsibility for their service and consulting activities in vocational training.

2. The Government encourages agencies and organizations to provide free consulting services in vocational training to citizens and workers who need such services.

Chapter II

ORGANIZATION AND OPERATIONS OF VOCATIONAL TRAINING

Section 1

LONG-TERM VOCATIONAL TRAINING

Article 10.

1. Long-term vocational training is conducted from one to three years at vocational schools. Secondary technical schools, colleges, and universities meeting the requirements set forth in this Decree may organize long-term vocational training.

2. Long-term vocational training is intended for individuals who meet the eligibility criteria for vocational training as stipulated by the Ministry of Labor - Invalids and Social Affairs.

3. The development of long-term vocational training programs must be based on the principles established by the Ministry of Labor - Invalids and Social Affairs. Such programs must be detailed in textbooks. The headmaster of the school organizes the compilation of long-term vocational training textbooks. The review of long-term and short-term vocational training programs and textbooks is regulated by the Ministry of Labor - Invalids and Social Affairs.

Article 11. The qualification standards for long-term vocational training instructors are as follows:

1. Instructors must hold a college degree in technical education or a specialized college degree; instructors teaching only practical skills can be master craftsmen or technicians with a skill level two grades higher than the grade of the trade being taught;

2. Instructors teaching other subjects must hold a college degree in teacher education or a bachelor's or college degree from another institution;

3. For instructors specified in Clauses 1 and 2 of this Article who do not yet have a college degree in teacher education or a bachelor's degree in teacher education, they must obtain a certificate in pedagogical training.

Article 12. Vocational schools have the following responsibilities and authorities:

1. Implement training programs and develop training plans suitable for the target group and duration of vocational training; upgrade the skill levels of technical workers according to the technical skill grade standards issued by competent state agencies;

2. Study training needs; organize long-term and short-term vocational training and provide vocational training consultation;

3. Research and apply technological advancements and innovations in the training process;

4. Exploit and utilize resources effectively for vocational training; carry out technical services, technology transfer, and production and business activities appropriate to the training profession as prescribed by law;

5. Organize, educate, and manage trainees; cooperate with families and society to create a healthy educational environment; manage teachers, staff, and employees;

6. Organize and manage the training process, recognize graduation, and issue vocational training diplomas and certificates according to authority;

7. Manage and use assets in accordance with the law;

8. Participate in universalizing vocational skills for workers; coordinate with general secondary schools to provide comprehensive technical education and career guidance for students.

9. Collaborate with economic, educational, and scientific organizations to enhance training quality, link vocational training with employment, and supplement financial resources for the school.

10. Implement regular and ad hoc reporting systems as required by state management agencies regarding vocational training.

Article 13.

1. Vocational schools shall be organized according to specialized departments, subject groups, functional rooms, professional rooms, service units, production, business, and service units suitable for the trained profession.

2. Students shall be organized into classes, groups, or study teams.

3. The Principal is responsible for managing and directing the school's activities; assisting the Principal is the Deputy Principal. The standards, duties, powers, appointment procedures, and recognition of Principals and Deputy Principals are stipulated by the Ministry of Labor, Invalids, and Social Affairs.

4. The Principal establishes a Training Council and other advisory councils to assist the Principal in fulfilling the school’s duties and powers.

5. The composition, functions, duties, and powers of the organizations specified in Clause 1 and Clause 4 of this Article are regulated in the School Charter.

Article 14. The Principal of a vocational school issues graduation certificates for vocational training; Principals of technical secondary schools, colleges, and universities that have registered for long-term vocational training as prescribed by the Ministry of Labor, Invalids, and Social Affairs issue graduation certificates for vocational training.

Article 15. Vocational schools are established according to planning approved by competent state authorities.

1. The authority to establish vocational schools is defined as follows:

a) The Minister, Head of a ministry equivalent to a ministry, or Head of a government agency decides on the establishment of subordinate vocational schools after obtaining a written agreement from the Ministry of Labor, Invalids, and Social Affairs;

b) The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial People's Committee decides on the establishment of vocational schools under provincial management; permits the establishment of private vocational schools, vocational schools belonging to political organizations, political-social organizations, economic organizations, social-professional organizations, and social organizations located within the province or city, after receiving proposals from individuals or heads of those organizations and a written agreement from the Ministry of Labor, Invalids, and Social Affairs.

2. Procedures and documents for establishing a school and registering for vocational training activities of vocational schools are stipulated by the Ministry of Labor, Invalids, and Social Affairs.

Article 16.

1. The management level that decides on establishment has the authority to decide on suspending operations, merging, dividing, separating, dissolving, and transferring vocational schools from public to semi-public status or out of the vocational school system.

2. Merging, dividing, separating, or transferring vocational schools from public to semi-public status or out of the vocational school system is carried out based on the requirements of the vocational school network planning or the requests of organizations or individuals applying to establish vocational schools but must obtain written consent from the Ministry of Labor, Invalids, and Social Affairs and follow the following principles:

a) Contributing to improving the quality and effectiveness of vocational training;

b) Ensuring the interests of vocational students.

3. Procedures for submitting and accepting merger, division, and separation documents of vocational schools are implemented according to regulations of the Ministry of Labor, Invalids, and Social Affairs.

Article 17.

1. A vocational school shall be suspended from operation in cases of serious violations of regulations on organizational structure and activities of the school, objectives, programs, plans for vocational training, examination rules, issuance of vocational certificates, or failing to meet the conditions stipulated in Clause 1 of Article 4 of this Decree.

The vocational training management agency bases its recommendation for suspending the operation of a vocational school on the inspection report of the vocational training inspectorate and opinions from related units to submit to the competent authority for consideration and decision.

In the decision to suspend the operation of a vocational school, the reasons and duration of suspension must be clearly stated; issues that need to be addressed; protection of teachers', managers', and students' rights; requirements for pre-reopening inspections and evaluations.

2. A vocational school will be considered for dissolution if it cannot rectify violations, does not meet the conditions for vocational training after being suspended from operation, or must be dissolved at the request of the organization or individual applying to establish the school, or due to the requirements of the vocational school system planning.

The decision to dissolve a vocational school is made after ensuring the resolution of policies and benefits for staff and students in accordance with the law.

Section 2

SHORT-TERM VOCATIONAL TRAINING

Article 18.

1. Short-term vocational training is conducted for less than one year at vocational training centers, independent vocational training classes, or linked with production and business establishments, services, and other educational institutions.

Short-term vocational training is intended for individuals with appropriate academic qualifications and health for the profession they wish to learn.

2. Short-term vocational training can be organized in the form of theoretical and practical classes; apprenticeship in workshops, at home, focusing mainly on practice while learning and working; technology transfer; dissemination of new scientific and technological knowledge and advanced production experience.

Article 19. Vocational training centers and independent vocational training classes may operate when they meet the following conditions:

1. Established in accordance with legal provisions;

2. Equipped with necessary facilities and equipment for teaching and learning;

3. Have sufficient teachers meeting the standards set forth in Article 20 of this Decree and guidelines issued by the Ministry of Labor, Invalids, and Social Affairs;

4. Have content, programs, and textbooks consistent with the vocational training objectives;

5. Have organizational and operational regulations for the vocational training center.

Article 20. The standard qualifications for short-term vocational training teachers are as follows:

1. Teachers of theoretical subjects must hold a degree from a technical teacher training college or a technical secondary school;

2. Practical vocational teachers must be skilled workers with high-level skills or artisans, experts;

3. For teachers specified in Clause 1 and Clause 2 of this Article who do not have a degree from a teacher training college, they must have a certificate of pedagogical training.

Article 21. Vocational training centers have the following responsibilities and powers:

1. Organize short-term vocational training, vocational upgrading, vocational skill enhancement, and vocational training advice; organize vocational training seminars and disseminate new scientific, technical, and technological knowledge and advanced production experiences.

2. Vocational training linked to the labor market, consulting, and introducing workers to places in need of workers;

3. Organizing and managing the vocational training process and issuing vocational certificates within their authority;

4. Managing staff, teachers, physical facilities, and assets in accordance with the provisions of the law;

5. Providing technical services, transferring technology, and engaging in production and business activities consistent with the vocational training fields as prescribed by law;

6. Cooperating with economic organizations, educational institutions, cultural, health, and scientific research organizations to link vocational training with employment;

7. Implementing reporting systems as prescribed by state management agencies responsible for vocational training;

Article 22. The Director of the vocational training center is responsible for managing and directing the center's operations; the Deputy Directors assist the Center Director. The vocational training center may be organized into functional and specialized departments, teacher groups.

Article 23. The Director of the vocational training center, the Principal of vocational training schools, and other entities registered for vocational training, as well as the Principals of vocational high schools, colleges, and universities registered for short-term vocational training, according to the regulations of the Ministry of Labor - War Invalids and Social Affairs, shall be granted vocational certificates.

Article 24. Conditions, procedures, and authorities for establishing, merging, splitting, suspending operations, and dissolving vocational training centers shall be carried out in accordance with the regulations of the Ministry of Labor - War Invalids and Social Affairs.

Section 3

VOCATIONAL TRAINING WITH FOREIGN INVESTMENT CAPITAL

Article 25. Vocational schools and vocational training centers with foreign investment capital must comply with the provisions of Article 6 of this Decree and the following specific regulations:

1. Only allowed to train and organize production internships for students in the vocational training fields specified in the investment permit;

2. Ensuring the right of all Vietnamese citizens and foreigners who have been registered for permanent residence or long-term temporary residence in Vietnam, meeting the age and educational requirements of the vocational training field and the admission standards of the school or center, to register for vocational training;

3. Prioritizing the recruitment of Vietnamese citizens as teachers, managers, and technical staff at the school or center. For positions requiring high qualifications that Vietnam cannot meet, the school or center has the right to recruit foreigners, who must obtain work permits from competent state authorities and enjoy benefits such as entry, import/export duties, travel, and other incentives as prescribed by law;

4. Based on the vocational training fields, physical facilities, and operational areas, setting appropriate tuition fees for each vocational field and area. Students pay tuition fees in Vietnamese currency as agreed between the student and the school or center;

5. Ensuring the rights and obligations of Vietnamese workers employed at the school or center under labor contracts; the rights and obligations of students under vocational training contracts signed with the school or center.

Article 26.

1. Depending on the level and degree of vocational training, vocational schools and vocational training centers with foreign investment capital are responsible for registering with the Ministry of Labor - War Invalids and Social Affairs of Vietnam regarding vocational training graduation certificates and vocational certificates issued by the school or center. Graduation certificates and vocational certificates issued by vocational schools and vocational training centers with foreign investment capital have legal validity throughout the territory of Vietnam. These certificates must be written in two languages: Vietnamese and the language of the foreign country.

2. The Principal of a vocational school with foreign investment capital issues graduation certificates and vocational certificates; the Director of a vocational training center with foreign investment capital issues vocational certificates. Issuing graduation certificates and vocational certificates is conducted immediately upon completion of the course.

Article 27.

1. Authority for establishing and dissolving vocational schools and vocational training centers with foreign investment capital is implemented according to the provisions of Article 6 of this Decree.

2. Registration files and dissolution procedures for vocational schools and vocational training centers with foreign investment capital are specified by the Ministry of Labor - War Invalids and Social Affairs.

Section 4

VOCATIONAL TRAINING CONTRACTS

Article 28.

1. A vocational training contract reflects the commitments between the vocational training institution and the student or between the vocational training institution and an organization or individual seeking vocational training regarding the rights, interests, obligations, and responsibilities of each party during the training period.

2. A vocational training contract is established in duplicate with equal legal value, each party retains one copy, based on a model issued by the Ministry of Labor - War Invalids and Social Affairs. In cases where the training period is less than 15 days, both parties may conclude the vocational training contract verbally.

Article 29.

The following situations require the establishment of a vocational training contract between the student and the vocational training institution:

a) Training at semi-public, private, or vocational training institutions of enterprises and cooperatives; vocational training institutions with foreign investment capital;

b) Training at public vocational training institutions beyond the training quota assigned by the state budget to those institutions;

c) Students being assigned to work at a predetermined location or for the purpose of implementing labor export and expert missions after completing training.

2. When a vocational training institution enters into a vocational training contract with multiple individuals from an organization or individual seeking vocational training, the vocational training contract must include a list of students.

Article 30. A vocational training contract should clearly record the following main contents:

1. Name of the vocational training field;

2. Training objectives: the vocational level to be achieved, tasks to be performed, products to be produced after completion of training;

3. Duration of theoretical and practical training;

4. Types of machinery and equipment used for internships, internship organization methods, occupational safety and health facilities;

5. Training and internship locations;

6. Amount of tuition fees to be paid; exemptions and reductions in tuition fees (if applicable), payment methods;

7. Employment solutions for students after completing training;

8. Liability for damages caused by each party in case of breach of the vocational training contract.

Article 31.

1. In cases where enterprises or cooperatives recruit people for vocational training with the intention of employing them afterward, students do not have to pay tuition fees, and the vocational training contract must include the following additional content:

a) The period of time the student must work for the enterprise or cooperative after completing training;

b) The level of wages paid to apprentices when they directly participate in producing products for enterprises or cooperatives during their vocational training period. The level of wages shall be agreed upon by both parties based on the value of profit generated.

2. Vocational training contracts at vocational training facilities in the form of apprenticeship in workshops or at home must clearly specify the time when wages will start being paid and the wage levels for apprentices during each period, based on the value of profit generated, in addition to the contents stipulated in Article 30 of this Decree.

Article 32.

1. An apprentice who unilaterally terminates the vocational training contract before the agreed term shall not be entitled to a refund of the tuition fees already paid. During the vocational training period, if the apprentice is called up for military service, becomes ill and is unable to continue studying, or if the vocational training facility fails to fulfill its obligations under the vocational training contract, then the remaining tuition fees for the uncompleted training period shall be refunded.

2. If a vocational training facility unilaterally terminates the vocational training contract before the agreed term, it must inform the competent state management agency about the reasons for termination. If the agency confirms that the termination was due to force majeure, the vocational training facility shall not be required to refund the tuition fees collected; however, if the termination was due to other reasons, the vocational training facility must refund the entire amount of tuition fees collected.

3. Female apprentices who become pregnant during the performance of the vocational training contract and have a certificate from a health authority at the district level or higher indicating that continuing the vocational training contract would adversely affect the fetus shall not be required to compensate for the cost of training when terminating the contract. After the maternity leave period, if they wish to continue their studies and meet the necessary conditions, they may do so.

4. In cases where enterprises or cooperatives recruit individuals for vocational training with the intention of employing them, if the apprentice unilaterally terminates the vocational training contract before the agreed term or does not work for the enterprise or cooperative after completing the training, or works for less than the agreed term specified in the vocational training contract, they must compensate for the cost of training.

The cost of training includes expenses for instructors, study materials, classrooms, machinery and equipment, practical materials, and other expenses that support and facilitate the learning process. The compensation amount shall be determined by the enterprise or cooperative, agreed upon beforehand, and clearly stated in the vocational training contract.

5. If three months after the completion of vocational training, an enterprise or cooperative does not enter into a labor contract with the apprentice, the apprentice has the right to enter into a labor contract with another party without having to compensate for the cost of training.

6. Apprentices trained in mountainous, border, or island areas must comply with the assignment and dispatch decisions made by the units or agencies that sent them for training; if they fail to comply with these decisions, they must reimburse the scholarship and training costs.

Chapter III

INVESTMENT POLICY AND INCENTIVES FOR VOCATIONAL TRAINING

Article 33. Sources of financial investment for vocational training include:

1. State budget (including central and local budgets) plays a major role in funding vocational training;

2. Capital invested by organizations and individuals in vocational training;

3. Tuition fees and construction costs for schools and classrooms;

4. Financial assistance from foreign organizations and individuals and international organizations; contributions from domestic organizations and individuals;

5. Investment funds or contributions for vocational training provided by domestic and foreign enterprises and projects when constructing industrial and service facilities;

6. Revenue from vocational training facilities' activities such as consulting, technology transfer, production, and services;

7. Other sources.

Article 34.

1. The Ministry of Labor, Invalids, and Social Affairs shall coordinate with the Ministry of Planning and Investment and the Ministry of Finance to allocate the state budget for vocational training.

2. The Ministry of Labor, Invalids, and Social Affairs shall manage the allocated vocational training budget and other revenues in accordance with the law; coordinate with the Ministry of Finance to prepare annual reports on the use of the vocational training budget to submit to the Government.

3. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels are responsible for managing and using the allocated vocational training budget for its intended purpose. Annually, ministries, sectors, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees report to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs on the implementation of the allocated vocational training budget.

4. The Ministry of Labor, Invalids, and Social Affairs shall take the lead in coordinating with relevant ministries, sectors, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees to develop long-term plans, allocate annual training targets, and projects for vocational training facilities to ensure the structure, level, and industry-specific training programs meet the requirements of the labor market.

5. The Ministry of Finance shall coordinate with the Ministry of Labor, Invalids, and Social Affairs to establish standards for long-term and short-term vocational training costs according to the type of training; develop regulations, standards, and budget allocation criteria for vocational training; and direct subordinate financial agencies to provide adequate and timely funding and settle accounts in accordance with the law.

Article 35. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels are responsible for proactively balancing revenue sources to supplement the vocational training budget in their respective regions, ensuring that the per capita expenditure on vocational training in their locality is not lower than the centrally prescribed standard.

Article 36.

1. Vocational training facilities exclusively for disabled persons, orphaned children without guardians, ethnic minorities, and social delinquents shall be funded by the Government for the construction of schools, classrooms, infrastructure, teacher training, and shall be exempt from taxes in accordance with the law.

2. Vocational training facilities that accept disabled persons, ethnic minorities, social delinquents, or are located in areas with high unemployment or underemployment, traditional vocational training facilities shall be granted tax reductions in accordance with the law.

3. Enterprises or cooperatives that organize vocational training classes or retrain workers to switch to different jobs within the enterprise or cooperative, or train newly recruited workers to work in the enterprise or cooperative shall be exempt from taxes.

Article 37.

1. Public vocational training institutions shall collect, use tuition fees, and grant exemptions from tuition fees in accordance with the Prime Minister's Decision. Semi-public, private, and privately-owned vocational training institutions shall collect tuition fees as stipulated in the vocational training contracts between such institutions and trainees or units sending trainees, in compliance with the relevant laws.

2. The collection of admission fees as prescribed in Clause 1, Article 92 of the Education Law shall be carried out on the principle of collecting sufficient funds to cover reasonable costs related to the admission process and shall be managed under the current financial regulations.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial People's Councils shall, upon the proposal of the provincial People's Committees, establish the levels of admission fee collection at vocational training institutions under their management.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to set the levels of admission fee collection at vocational training institutions under the management of ministries and sectors.

3. The Ministry of Labor, Invalids and Social Affairs shall cooperate with the Ministry of Finance to formulate scholarship policies and allocate budgets for scholarships suitable for vocational trainees.

4. Vocational training institutions may develop training projects to attract domestic and foreign organizations and individuals' investments.

5. Vocational training institutions of enterprises and cooperatives may utilize funds from the unemployment compensation reserve fund to organize vocational training, supplementary training, additional vocational training for female workers, and retraining for workers who must switch to other occupations due to changes in production structure or technology by the enterprise. Enterprise vocational training expenses shall be accounted for in the product cost of the enterprise.

Chapter IV

STATE MANAGEMENT OF VOCATIONAL TRAINING

Article 38. The Ministry of Labor, Invalids and Social Affairs shall assist the Government in implementing state management over vocational training, having the following tasks and powers:

1. To take the lead and coordinate with ministries, sectors, and localities in developing, submitting to the Government for approval, and organizing the implementation of strategies, plans, and policies for vocational training development after approval;

2. To develop and submit to the Government for issuance, or issue within its authority, normative legal documents on vocational training and organize their implementation;

3. To prescribe conditions for vocational training service and advisory activities; registration and issuance of certificates for vocational training operations for foreign vocational schools and centers in Vietnam;

4. To prescribe procedures for Vietnamese citizens to teach abroad, conduct research, exchange, study vocational training, and enhance occupational skills using self-funded or sponsored funds from domestic and foreign organizations and individuals;

5. To promulgate school rules for vocational training institutions, regulations on the organization and operation of vocational training centers and classes; standardized models of vocational training contracts;

6. To issue regulations and rules on examinations, inspections, promotion assessments, graduation assessments; issuance and management of vocational training diplomas and certificates; standards for infrastructure, equipment, and teaching materials for vocational training for various types of vocational training institutions; quality assessment criteria for vocational training; training, enhancement, and utilization of vocational training teachers, managers, and scientific researchers;

7. To issue regulations on principles for the development and implementation of long-term and short-term vocational training programs for vocational training institutions, lists of vocational training occupations, and skills;

8. To recognize vocational training diplomas issued to Vietnamese citizens by foreign countries according to international treaties that the Socialist Republic of Vietnam has joined; to be responsible for signing equivalence agreements on vocational training diplomas or mutual recognition of vocational diplomas with other countries and international organizations;

9. To organize and direct the training, enhancement, and management of vocational training teachers and managers;

10. To coordinate with the Ministry of Finance, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees in the preparation of budget estimates, allocation, and settlement of state budgets allocated for vocational training; to coordinate with the Ministry of Finance to inspect and monitor the implementation of state budgets allocated for vocational training;

11. To organize scientific research in vocational training;

12. To take the lead and coordinate with ministries, sectors, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees to propose the State to award titles of National Teacher and Excellent Teacher to those who have made significant contributions to vocational training;

13. To implement international cooperation in vocational training;

14. To inspect and check the implementation of laws on vocational training; to handle violations and resolve complaints and denunciations in accordance with the law.

Article 39. Ministries and sectors shall cooperate with the Ministry of Labor, Invalids and Social Affairs to ensure unified state management of vocational training, having the following tasks and powers:

1. To develop and implement approved vocational training planning, programs, and projects;

2. To guide and direct the unified management of vocational training objectives, programs, plans, teacher standards, certification issuance, and other national regulations for vocational training institutions under their management, in accordance with the guidelines of the Ministry of Labor, Invalids and Social Affairs;

3. To coordinate with the Ministry of Labor, Invalids and Social Affairs to guide vocational training institutions under their management to uniformly develop vocational training programs, compile, review, and approve textbooks;

4. To decide on the establishment, merger, division, or transfer of vocational schools under their management out of the vocational training system, after obtaining written agreement from the Ministry of Labor, Invalids and Social Affairs;

5. To implement international cooperation in vocational training;

6. To inspect compliance with laws on vocational training and resolve complaints and denunciations in accordance with the law.

Article 40.

1. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees shall be responsible for state management of vocational training institutions under their jurisdiction, having the following tasks and powers:

a) To submit to the provincial People's Council for decision-making on policies and measures to develop vocational training, ensuring vocational training conditions based on the provincial budget allocated for long-term and short-term vocational training;

b) To coordinate with the Ministry of Labor, Invalids and Social Affairs to guide vocational training institutions under their jurisdiction to develop vocational training programs, compile, review, and approve textbooks;

c) To coordinate with ministries and sectors to manage state affairs regarding vocational training by territory for vocational training institutions under the management of ministries and sectors located within their province.

d) Direct the Department of Labor, Invalids and Social Affairs to coordinate with relevant sectors and levels within the province to develop and implement vocational training planning, plans, and projects that have been approved;

đ) Decide on the establishment, suspension of operations, merger, dissolution, division, separation, or transfer of provincial vocational schools out of the vocational education system, after obtaining written agreement from the Ministry of Labor, Invalids and Social Affairs;

Implement international cooperation in the field of vocational training;

Organize inspections and investigations of vocational training activities and handle complaints and reports according to the law within the province;

2. The Department of Labor, Invalids and Social Affairs shall be responsible for assisting the provincial People's Committee in managing state affairs related to vocational training at the local level; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y the People's Committee at the district level is responsible for managing state affairs concerning vocational training facilities under its jurisdiction and has the following duties and powers:

Article 41. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. Direct and inspect the Department of Labor, Invalids and Social Affairs, and other sectors within the district to organize the implementation of vocational training plans and manage vocational training activities within their locality;

2. Develop vocational training plans consistent with the economic and social development program of the district;

3. Decide on the establishment, merger, division, separation, or dissolution of vocational centers under district management after obtaining written agreement from the Director of the Department of Labor, Invalids and Social Affairs;

4. Organize inspections of vocational training activities and handle complaints and reports according to the law within the district;

1. Vocational training inspection is a specialized vocational training inspection agency with the function of performing tasks, powers, and responsibilities as stipulated in Article 98, Article 99, Article 100, and Article 101 of the Education Law and according to other legal provisions;

Article 42.

2. The organization and operation of specialized vocational training inspection agencies shall be regulated by the Minister of Labor, Invalids and Social Affairs;

The Minister of Labor, Invalids and Social Affairs, and the Ministers of relevant ministries shall provide guidance for the implementation of this Decree;

Chapter V

IMPLEMENTING PROVISIONS

Article 43. This Decree shall take effect fifteen days from the date of issuance;

Article 44. This Decree replaces the provisions on vocational training in Decree No. 90/CP dated November 24, 1993, regarding the structure of the national education system, educational and vocational qualification certificates of the Socialist Republic of Vietnam; annuls Decree No. 115/CP dated September 5, 1994, on the regulations governing foreign vocational schools in the Socialist Republic of Vietnam, and Decree No. 90/CP dated December 15, 1995, detailing and guiding certain provisions of the Labor Code on vocational training;

Any previous provisions on vocational training that conflict with this Decree are hereby abolished.

All previous provisions on vocational training that are contrary to this Decree are abolished.

Article 45. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.