Circular No. 05/2020/TT-BLDTBXH on the regulations governing the organization and operation of county-level public vocational education centers

 

CIRCULAR

REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF COUNTY PUBLIC VOCATIONAL EDUCATION CENTERS

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Education Law dated June 14, 2019;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Based on the proposal of the Director General of the General Department of Vocational Education;

The Minister of Labor, Invalids and Social Affairs issues this Circular to regulate the organizational charter and operations of County Public Vocational Education Centers.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the organizational charter and operations of County Public Vocational Education Centers (hereinafter referred to collectively as Centers).

Article 2. This Circular applies to Centers and related organizations and individuals.

Article 2. Legal Status of the Center

Clause 1. The Center is a public service unit at the county level, possessing legal personality, its own seal, and separate bank accounts.

Clause 2. The Center operates in accordance with the Law on Vocational Education, the Law on Education, this Circular, and other relevant laws.

Clause 3. The Center has autonomy and accountability as prescribed by law.

Article 3. Name of the Center

Clause 1. The naming of the Center is regulated as follows: "Vocational Education Center + name of the directly managing administrative unit at the county level".

Clause 2. The name of the Center shall be recorded in the decision establishing the center, its seal, signboard, and transaction documents of the Center, and shall be displayed at the main office of the Center.

Article 4. Administrative Levels

Clause 1. The People's Committee of the district, county, town, or city under provincial administration (collectively referred to as the People's Committee at the county level) directly manages and directs the Center.

Clause 2. The Department of Labor, Invalids, and Social Affairs is responsible for managing and providing professional guidance to the Center within its authority.

Article 5. State Management of the Center

Clause 1. The Center is subject to state management in vocational education by the Ministry of Labor, Invalids, and Social Affairs; concurrently, it is subject to state management within its jurisdiction by the People's Committee of the province or centrally-administered city (collectively referred to as the People's Committee at the provincial level) where the Center's main office is located.

Clause 2. The People's Committee at the provincial level coordinates with the Ministry of Labor, Invalids, and Social Affairs to implement state management over Centers as stipulated in this Circular.

Article 6. Organizational Charter and Operations of the Center

Clause 1. The organizational charter and operations of the Center are established according to this Circular and must be consistent with the specific conditions of the Center, without contravening relevant laws.

Clause 2. The organizational charter and operations of the Center must include the following main contents:

a) Name of the Center;

b) Objectives and mission;

c) Tasks and powers of the Center;

d) Organization of vocational education activities;

đ) Tasks and rights of teachers, managers, and employees;

e) Tasks and rights of students;

g) Organization and management of the Center;

h) Relations between the Center and enterprises, educational institutions, vocational training institutions, families, and society;

i) Finance and assets of the Center;

k) Inspection, supervision, commendation, and handling of violations.

Clause 3. The organizational charter and operations of the Center are approved by the Director of the Center and must be publicly announced at the Center.

Within ten working days from the date of approval of the organizational charter and operations of the Center, the Director of the Center is responsible for sending one copy of the decision approving the organizational charter and operations of the Center to the People's Committee at the county level and the Department of Labor, Invalids, and Social Affairs where the Center's main office is located for implementation of territorial management.

Clause 4. Approval of Amended and Supplementary Organizational Charters and Operations

The Director of the Center approves decisions to amend and supplement the organizational charter and operations of the Center in accordance with Clause 3 of this Article.

Article 7. Tasks, powers, autonomy, and accountability of the Center

1. Duties:

a) Organize the implementation of vocational training programs at the primary level and other regular training programs, including: Regular training programs according to learners' requirements; upgrading, updating, and enhancing occupational knowledge and skills programs; apprenticeship, vocational transmission, and practice training programs; technology transfer programs, and other training programs with a duration of less than three months. Organize the implementation of policies supporting primary-level vocational training and training for less than three months for rural workers, female workers, people with disabilities, and other policies as prescribed by law;

b) Organize the development or selection and approval of training programs, teaching materials, and learning resources of the Center in accordance with regulations;

c) Develop and organize student recruitment plans;

d) Manage the teaching staff, management personnel, and employees of the Center in accordance with the provisions of the law;

đ) Organize labor production, business operations, and services serving training;

e) Research and apply scientific topics on vocational education, test, apply, and transfer new technologies to serve local socio-economic development;

g) Organize teaching and learning activities; conduct examinations and issue certificates in accordance with regulations;

h) Provide career counseling and job placement advice to learners; coordinate with secondary schools and high schools to promote vocational guidance and分流后的第二部分：

i) Coordinate with enterprises, organizations, individuals, and families of learners in vocational training activities and career guidance; organize visits and internships for learners at enterprises and resolve employment for learners;

k) Implement democracy and transparency in the execution of vocational training tasks and career guidance;

l) Manage and utilize state assets in accordance with the provisions of the law for public service units;

m) Create conditions or organize training and upgrading for teachers, managers, and employees of the Center to enhance their professional expertise;

n) Provide data on the Center's activities to build a vocational education database; implement periodic and ad hoc reporting systems as prescribed;

o) Perform other tasks as prescribed by law.

2. Authorities:

a) Be authorized to develop and implement a development plan for the Center in line with the vocational education development strategy to meet the demands of the labor market;

b) Be authorized to organize vocational education programs in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs;

c) Be authorized to engage in joint ventures and collaborations with domestic enterprises, organizations, individuals, and foreign entities to organize training, supplementary training, and upgrading in accordance with the law;

d) Be authorized to collaborate with colleges and technical schools to organize general secondary education courses for students pursuing intermediate-level qualifications who have completed junior secondary school diplomas, in accordance with the regulations of the Ministry of Education and Training; such programs may only be implemented when approved by the competent state management authority, except for programs leading to college and intermediate diplomas;

đ) Be authorized to collaborate with colleges and technical schools to implement programs leading to college and intermediate diplomas in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs. The college or technical school (the main coordinating entity) shall be responsible for issuing diplomas to learners in accordance with the regulations;

e) Be authorized to mobilize, accept sponsorships, manage, and utilize resources in accordance with the law to carry out the Center's training activities;

g) Be authorized to use state assets for business operations, leasing, joint ventures, and collaborations in accordance with the Law on Management and Utilization of State Assets;

h) Be authorized to manage and utilize income from public service activities in accordance with the law;

i) Be authorized to participate in bidding, ordering, or assigning tasks for public services funded by the state budget in the field of vocational education in accordance with the law;

k) Carry out other forms of autonomy as prescribed by law.

3. The Center's autonomy shall be implemented in accordance with Article 25 of the Vocational Education Law and the following provisions:

a) Determining the mission, vision, strategy, and development plans of the Center;

b) Decide on the establishment of organizational structures, the development of teaching staff, and management personnel based on the Center's strategic planning and development plan;

c) Collect and disburse financial resources, invest in developing conditions to ensure the quality of training in accordance with the law and the self-management financial regulations for public vocational education centers;

d) Determine and publicly announce enrollment methods and quotas in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs; decide on the organization and management of training, training formats; decide on collaborative training with domestic vocational education institutions that meet the legal requirements; recruit students and manage learners; develop training programs; organize the compilation or selection of teaching materials suitable for each training program's objectives; print certificate templates, manage, and issue certificates to learners in accordance with the law;

đ) Organize the implementation of scientific research and technological activities, international cooperation in accordance with the Center's development strategy and plan; ensure the quality of the Center's training; select educational quality assessment organizations to register for assessments;

e) Develop the organizational structure and operation rules of the Center; define the functions and responsibilities of the Center's affiliated organizations.

4. The Center is accountable to competent state authorities, learners, and society for the following activities:

a) Publicly disclose on the Center's electronic information website all contents including: training objectives, training programs; training forms, organizational plans for training; enrollment plans; lists of students enrolling and graduating annually by trade and group of trades; conditions to ensure teaching and learning quality; training costs, tuition fees and exemptions/reductions thereof, service enrollment fee levels and other charges payable by students for each academic year and projected for the entire course; results of vocational education quality assessments; the Center’s certification system, annual lists of students receiving certifications; post-graduation job positions and measures to monitor and supervise training quality; internal regulations and rules;

b) Commit to state management agencies and be responsible for all activities to fulfill commitments; not allow any individual or organization to exploit the Center's name and facilities to conduct activities contrary to laws and this Circular;

c) Establish mechanisms for students, teachers, and society to participate in evaluating the Center's training quality;

d) Publicly announce enrollment quotas, certificates of registration for vocational education activities; implement financial reporting systems as prescribed and publicly disclose on the Center's electronic information website, except for information classified as state secrets;

đ) Report and explain matters related to inspections and audits as required by competent authorities;

Chapter II
ORGANIZATION AND MANAGEMENT OF THE CENTER

Article 8. Organizational Structure of the Center

1. The organizational structure of the Center includes:

a) Director and deputy directors;

b) Functional departments and specialized teams;

Based on assigned functions and tasks, scale, and training trades, the Center Director decides to establish functional departments and specialized teams under the Center according to the approved organizational structure in the Center's operational regulations.

c) Advisory councils; Management Councils;

d) Production and service units serving training (if any).

The Center may establish production and service units serving vocational training. The establishment and operation of these units shall comply with the provisions of the law.

2. The establishment and dissolution of subordinate organizations of the Center; organizational structures, tasks, and powers of each organization shall be carried out in accordance with the law, this Circular, and detailed in the Center's operational regulations.

Article 9. Standards and Appointment Authority for Directors and Deputy Directors

1. The Center's Director and Deputy Directors must meet the standards stipulated in Clause 2, Article 13 of the Vocational Education Law.

2. Appointment Authority

Appointments, reappointments, dismissals, transfers, rotations, rewards, punishments, and implementation of policies and benefits for the Center's Director and Deputy Directors shall be conducted in accordance with the law.

Article 10. Duties and Powers of the Director

The Center Director is the head of the Center, representing the Center before the law, responsible for managing activities and directing the Center's organizational structure and machinery, having duties and powers as prescribed in Clause 3, Article 13 of the Vocational Education Law and the following:

1. Duties:

a) Develop and implement the Center's training and development plan;

b) Manage the Center's physical assets, property, and finances, and organize the effective utilization of mobilized resources to serve vocational education activities in accordance with the law. Establish regulations regarding: number, composition of labor force, job positions, recruitment, management, use, and development of teaching staff, managerial personnel, and workers in accordance with the law;

c) Manage finances, decide on income and expenditure, and distribute labor outcomes, technical practices, and services in accordance with regulations;

d) Continuously improve working, teaching, and learning conditions for teaching staff, managerial personnel, workers, and students;

đ) Organize and direct the creation of a healthy training environment; ensure political security and social order within the Center;

e) Implement democratic regulations within the Center; implement state policies for teaching staff, managerial personnel, workers, and students in the Center. Annually organize evaluations and classifications of teaching staff, managerial personnel, and workers;

g) Fully and promptly implement periodic and ad hoc reporting systems as prescribed by law;

h) Other duties as prescribed by law.

2. Authorities:

a) Decide on measures to implement the Center's duties and powers as stipulated in Article 7 of this Circular;

b) Decide on the establishment of functional departments and specialized teams; production and service units serving training according to the Center's organizational structure approved in the Center's operational regulations as stipulated in Article 8 of this Circular;

c) Appoint heads and deputies of departments and specialized teams; production and service units serving training directly under the Center in accordance with regulations;

d) Organize recruitment, manage, and effectively utilize the Center's teaching staff, managerial personnel, and workers in accordance with the law; decide on employment contracts for teaching staff, managerial personnel, and workers in accordance with the law;

đ) Enter into vocational training, supplementary, and development contracts for students in accordance with the law;

e) Sign leasing, joint venture, and cooperation contracts with other vocational education institutions, production, and service businesses in training, supplementary, and development activities or production and service operations in accordance with the law;

g) Issue certificates to students at the Center in accordance with regulations;

h) Decide on rewards and punishments for teaching staff, managerial personnel, workers, and students of the Center within the scope of delegated management authority;

i) Enjoy benefits as prescribed.

Article 11. Deputy Director of the Center

1. The Deputy Director of the Center assists the Director in managing and directing the Center's activities.

2. Duties and powers of the Deputy Director:

a) Assist the Director in managing and directing the Center's activities; directly oversee certain fields of work assigned by the Director and handle other tasks delegated by the Director;

b) When handling tasks assigned or delegated by the Director, the Deputy Director shall bear responsibility before the law and to the Director for the results of such assigned or delegated tasks.

Article 12. Advisory Council, Management Council

1. The Advisory Council within the Center is established by the Director to seek opinions from teachers, administrative staff, enterprises, and representatives of organizations inside and outside the Center regarding certain necessary matters related to the implementation of the Center's functions and tasks. The Advisory Council operates on a case-by-case basis and does not receive remuneration.

The establishment, organization, operation, duties, and powers of the Advisory Council are decided by the Director and must be stipulated in the organizational and operational regulations of the Center as provided for in Article 8 of this Circular.

2. The establishment of a Management Council within the Center to decide important issues during the process of organizing and operating the Center shall be carried out in accordance with the provisions of the law.

Article 13. Professional and Vocational Departments

1. Professional and vocational departments (hereinafter referred to as Departments) are organized according to trades or groups of trades. Based on their functions, scale, and trade training, the Director decides to establish Departments under the Center according to the organizational structure of the Center approved in the organizational and operational regulations of the Center as stipulated in Article 8 of this Circular.

2. Departments under the Center have the following responsibilities:

a) Manage teachers, workers, and students under the Department according to the classification of the Director;

b) Implement teaching plans, learning plans, and extracurricular activities according to the annual teaching program of the Center, including: developing and expanding the training program of the trade assigned by the Center; organizing the detailed outline of modules related to ensure consistency and avoid overlap between modules of the training program; drafting proposals, compiling materials, and textbooks in line with the development orientation of the Center; organizing research to improve teaching methods and learning methods to enhance training quality; establishing and implementing examination, testing, and evaluation methods to ensure the standard output of students according to the published commitment, meeting the needs of the labor market. The development of training programs, textbooks, and teaching materials in vocational education shall be carried out in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs;

c) Plan and organize scientific and technological activities, international cooperation; cooperate with scientific and technological organizations, production and business establishments related to the trade training and mobilize the participation of enterprises in the training process of the Department;

d) Develop plans for the development of teaching staff, training trades, and facilities and equipment for training and scientific research, strengthen conditions to ensure training quality; carry out experimental activities, scientific research, and application of technology and techniques in the training process;

đ) Manage teachers, workers, and students under the Department; develop and implement political, ideological, moral, and lifestyle education programs for teaching staff and workers; plan training and upgrading of professional skills for teaching staff and other workers under the Department;

e) Organize the assessment and classification of teaching staff, administrative personnel, and workers in the Department and participate in the assessment of administrative personnel in the Center according to the regulations of the Center;

g) Manage and use facilities and equipment effectively according to the regulations of the Center Director; propose and develop plans for supplementing and maintaining training equipment;

h) Implement reporting systems as prescribed by the Center Director.

3. Heads and deputy heads of professional and vocational departments:

a) Each department has a head and may have a deputy head appointed by the Director;

b) The head is responsible for managing and directing the activities of the department according to the duties specified in Clause 2 of this Article and according to the classification of the Center Director;

c) The head must hold a college degree or higher relevant to the trade training in the department;

d) The deputy head assists the head in managing and directing the activities of the department;

đ) The appointment and removal of department heads and deputy heads are carried out in accordance with the law and are stipulated in the organizational and operational regulations of the Center.

Article 14. Functional Departments

1. The functional departments have the duty to advise and assist the Director of the Center in managing, summarizing, proposing opinions, organizing the implementation of the main tasks of the Center such as: Academic affairs, training, administrative management, facility management; personnel organization; summary, external relations; student management, learner management; financial management, equipment and basic construction management according to the functions and tasks assigned by the Director.

The Director decides on the establishment of functional departments according to the organizational structure of the Center approved in the regulations on the organization and operation of the Center.

2. Each functional department has a head and deputy heads. The head must have a college degree or higher.

3. Deputy heads assist the head in managing and directing the activities of the department according to the assigned functions and tasks. The number of deputy heads depends on the assigned functions and tasks and the scale of training of the Center, as stipulated in the regulations on the organization and operation of the Center. The appointment and removal of the heads and deputy heads of the Center are carried out in accordance with the provisions of the law and are specified in the regulations on the organization and operation of the Center.

Article 15. Production and Service Units for Training Purposes

1. The Center may establish production and service units for training purposes to create conditions for learners and teachers of the Center to practice and intern to enhance their knowledge and skills. The establishment and operation of these production and service units for training purposes shall be carried out in accordance with the law.

2. The units established under paragraph 1 of this Article do not have the function of organizing training or linking training to issue certificates.

3. The establishment, dissolution, functions, tasks, organizational structure, and operation of the units established under paragraph 1 of this Article are decided by the Director in accordance with the law and must be specifically stipulated in the regulations on the organization and operation of the Center.

Article 16. Communist Party of Vietnam Organizations, Mass Organizations, and Social Organizations

1. Communist Party of Vietnam organizations within the Center operate in accordance with the Constitution, laws, and regulations of the Communist Party of Vietnam.

2. Mass organizations and social organizations within the Center operate in accordance with the Constitution, laws, the Charter of the organization, and have the responsibility to contribute to achieving vocational education goals.

Chapter III
TRAINING ACTIVITIES AND INTERNATIONAL COOPERATION

Section 1. TRAINING ACTIVITIES

Article 17. Trades Trained and Class Organization

1. The Center trains primary level trades as prescribed in Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government on investment conditions and operations in the vocational education sector and the continuous training programs prescribed at points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law, based on labor market demands.

2. The organization of classes according to vocational training programs is implemented in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

Article 18. Training Programs and Textbooks

1. Based on the minimum volume of knowledge, requirements for capabilities that learners achieve upon graduation for the primary level; the process of building, reviewing, and promulgating primary level training programs by the Minister of Labor, Invalids, and Social Affairs, the Center organizes the compilation or selection and approval of primary level training programs for use as the Center's training program.

2. The Center organizes the compilation or selection and approval of continuous training programs as prescribed at points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law.

3. The Center must regularly evaluate, update, and supplement training programs and textbooks to be consistent with production and service technology and techniques.

4. The Center organizes the compilation or selection of textbooks; approves textbooks for use as teaching and learning materials of the Center. Training textbooks must concretize the requirements for the content of knowledge and skills of each module in the training program, creating conditions for the implementation of active teaching methods.

Article 19. Recruitment for Vocational Education Training

1. The Center shall develop annual recruitment plans for vocational education based on the demand for learners, the direct labor needs for production, business, and services of the industry and locality, and the training capacity of the Center.

2. The Center shall organize recruitment and vocational education training in accordance with the regulations stipulated by the Minister of Labor, Invalids, and Social Affairs.

Article 20. Organization and Management of Training at the Center

1. The Center shall organize and manage training in accordance with Article 37 of the Vocational Education Law and the guidelines on organizing and managing vocational education issued by the Minister of Labor, Invalids, and Social Affairs; it shall conduct training for trades at locations that meet the conditions and have been granted certificates of registration for vocational education activities at the primary level by the Department of Labor, Invalids, and Social Affairs.

2. The organization and management of the training process for joint training programs with foreign countries shall be carried out in accordance with the current regulations of Vietnam on cooperation and investment in vocational education with foreign countries.

Article 21. System of Ledgers and Forms for Managing Vocational Education Activities; Examination, Testing, Evaluation of Learning Outcomes, and Graduation Recognition

1. The Center shall use ledgers and forms for teaching and learning vocational training programs in accordance with the guidelines of the Minister of Labor, Invalids, and Social Affairs.

2. The Center shall implement examination, testing, evaluation of learning outcomes, discipline, and moral cultivation, and graduation recognition for students enrolled in vocational training programs in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

3. The vocational training results of secondary school and high school students at the Center shall be transferred to their general schools as a basis for evaluating students according to the regulations.

Article 22. Issuance and Management of Primary Certificates and Training Certificates

The Center shall carry out the issuance and management of primary certificates and training certificates in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

Article 23. Accreditation and Assurance of Training Quality

1. The Center shall perform tasks and powers related to the accreditation of vocational education quality in accordance with Article 67 of the Vocational Education Law.

2. The Center shall be responsible for implementing accreditation and ensuring the quality of vocational education in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

Section 2. INTERNATIONAL COOPERATION ACTIVITIES

Article 24. Tasks and Powers of the Center in International Cooperation Activities

1. Implement various forms of international cooperation in vocational education in accordance with Article 47 of the Vocational Education Law and the Education Law.

2. Develop and implement short-term, medium-term, and long-term international cooperation strategies, plans, and programs of the Center in line with the objectives of international cooperation stipulated in Article 46 of the Vocational Education Law, the Education Law, and the State's policies on international integration in vocational education.

3. Organize effective management and implementation of international cooperation programs and projects within its authority.

4. Carry out negotiations and sign cooperation agreements with foreign partners in accordance with the law.

5. Establish databases and information systems for international cooperation activities.

Article 25. Management of International Cooperation Activities

1. Assign tasks to units under the Center to act as the main organizer in implementing international cooperation tasks of the Center.

2. Develop and promulgate management regulations for the Center's international cooperation activities in accordance with this Circular and relevant laws.

3. Organize practical and effective international cooperation activities; conduct inspections, evaluations, and summaries of the implementation of international cooperation activities of the Center.

4. Coordinate with relevant agencies to ensure security, order, and social safety in international cooperation activities.

Chapter IV
TEACHERS, MANAGERS, AND WORKERS

Article 26. Standards and Qualifications of Teachers at the Center

1. Teachers at the Center must meet the following standards:

a) Possess good moral character, ideology, and ethics;

b) Meet occupational standards according to their job positions and have the required qualifications in specialized knowledge and skills as stipulated in Clause 2 of this Article;

c) Have a clear background; ensure health requirements for the profession.

2. Required Qualifications of Teachers

a) Teachers teaching at the primary level must hold a diploma from a college or higher, or possess a vocational skill certificate to teach at the primary level;

b) Teachers teaching at the primary level as specified in point a of this Clause, if they do not hold a diploma from a pedagogical college, technical pedagogical college, or a bachelor's degree from a pedagogical university, technical pedagogical university, must have a pedagogical vocational certificate.

Article 27. Teachers at the Center

1. The title of teachers at the Center is prescribed in Clause 3 of Article 53 of the Vocational Education Law.

2. Recruitment, working conditions, training, upgrading qualifications, and other policies for teachers at the Center shall be implemented in accordance with the standards for teacher titles in vocational education centers issued by the Minister of Labor, Invalids, and Social Affairs and relevant laws.

Article 28. Duties and Authorities of Teachers

Teachers at the Center shall perform duties and authorities as prescribed in Article 55 of the Vocational Education Law, the Education Law, and the specific duties and authorities listed below:

1. Adhere to the internal regulations, rules, and provisions of the Center.

2. Implement work system regulations for teacher positions issued by the Minister of Labor, Invalids, and Social Affairs.

3. Be assigned to teach in fields and professions in which they have been trained; choose teaching methods and tools to enhance personal capabilities, improve the quality and effectiveness of vocational education activities; be provided with equipment, tools, and working conditions to fulfill their tasks as prescribed by law; be given information related to their assigned duties and authorities.

4. Receive salary, allowances, and other benefits as prescribed by law.

5. Participate in political, professional, and teaching method training programs as planned and based on the Center’s conditions; participate in the management and supervision of the Center’s activities; participate in Party and mass organization activities and social activities as prescribed by law.

6. Protect their honor and dignity. Participate in discussions and provide opinions on development strategies, training plans, curriculum, textbooks, teaching content, methods, and organizational management of the Center; enjoy summer, public holiday, Tet holiday, weekly rest days, and other holidays as prescribed by law. Attend meetings convened by the Center when these meetings address issues related to students in their assigned classes.

7. Be contracted for guest lectures and scientific research at vocational education institutions and other educational institutions but must fulfill the duties and authorities prescribed in Article 55 of the Vocational Education Law and ensure completion of tasks at their place of work.

8. Teachers participating in scientific and technological activities shall enjoy rights as prescribed in the Science and Technology Law; teachers engaged in management within the Center who also teach shall enjoy teacher benefits as prescribed by law and lawful regulations of the Center.

9. Participate in student management and take responsibility towards the community.

10. Be subject to supervision by the Center regarding the content, quality, and methods of teaching and scientific research.

11. Complete other tasks assigned by the Center, department, or subject group.

Article 29. Duties and Authorities of Management Staff and Workers

Management staff and workers performing management and service tasks at the Center shall strictly fulfill their assigned duties and responsibilities; they shall enjoy benefits as prescribed by law and in their employment contracts and labor contracts.

Article 30. Recruitment of Teachers, Management Staff, and Workers

Teachers, management staff, and workers performing management, teaching, and service tasks at the Center shall be recruited in accordance with laws on civil servants and laws on labor.

Chapter V
STUDENTS

Article 31. Students

1. Students at the Center are defined in Article 59 of the Vocational Education Law and the Education Law, including: Secondary school students of the basic training program; regular training program students as stipulated in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law.

2. Students who wish to enroll in training programs as specified in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law and meet the conditions prescribed by law may enter into training contracts with the Center Director.

Article 32. Duties and Rights of Students

Students have duties and rights as prescribed in Article 60 of the Vocational Education Law and the Education Law, as well as specific duties and rights as follows:

1. Adhere to the regulations and internal rules of the Center; practice civilized and healthy lifestyles; participate in building, protecting, and promoting the traditions of the Center; comply with state laws.

2. Pay tuition fees and other service charges as prescribed.

3. Participate in labor and social activities, social organizations within the Center.

4. Be eligible for shortened or extended training program duration, retention, and storage of study results according to legal provisions.

5. Receive vocational education certificates corresponding to their level and training program as prescribed by law.

6. Use the Center's equipment and facilities for learning, practice, internship, and cultural, sports activities. Ensure safety and hygiene conditions during learning, practice, and internship as prescribed by law.

7. Directly or through legitimate representatives of student groups, propose solutions to contribute to the development of the Center and protect their legitimate rights and interests.

8. Maintain and protect the Center's property and production facilities where practice and internship take place.

9. Comply with regulations on occupational safety and health.

10. Fulfill temporary work obligations as prescribed by law.

11. Study and train according to the training objectives or training contracts agreed upon with the Center.

12. Enjoy policies for students as prescribed by law.

13. Choose suitable study programs, forms, and locations based on their own abilities and conditions and those of the Center; be provided opportunities to switch programs, forms, and locations if they express a desire and are accepted by the new location.

Chapter VI
ASSETS AND FINANCES

Article 33. Management and Use of Assets

1. Sources of public assets at the Center include:

a) Public assets transferred in kind by the State according to regulations applicable to state agencies as stipulated in Article 29 of the Law on Management and Use of Public Assets;

b) Assets constructed, purchased, or acquired from the state budget, development funds, depreciation funds, and other sources as prescribed by law;

c) Assets formed from borrowed capital, raised capital, joint ventures, and collaborations with organizations and individuals as prescribed by law.

2. The Center shall manage and utilize the public assets it has been assigned in accordance with the law.

3. All members of the Center are responsible for maintaining and protecting the Center's assets.

4. Annually, the Center must organize asset inventory and valuation, and implement reporting systems as prescribed by law. Fully comply with financial, accounting, auditing, tax, statistical, and periodic reporting systems; publicly disclose finances as prescribed by law.

5. The Center is responsible for conducting asset inventories at the end of each fiscal year and according to asset inventory and revaluation decisions, identifying excess and missing assets and their causes for handling as prescribed by law; report on the management and utilization of public assets.

Article 34. Financial Sources

1. State budget funds.

2. Revenue from the Center's public service activities, including:

a) Tuition fees and admission service charges paid by students;

b) Income from cooperative training, scientific, technological, production, business, service activities, and other public service activities;

c) Dividends from joint venture and partnership activities.

3. Contracted funds and assigned tasks by the State.

4. Borrowed capital, aid, and sponsorship as prescribed by law.

5. Other lawful revenues as prescribed by law.

Article 35. Utilization of Financial Resources

1. Regular expenditures, including:

a) Expenditures for training activities according to assigned functions and tasks;

b) Expenditures for the Center's production, business, and service activities (including capital repayment and interest payments on loans as prescribed by law).

2. Irregular expenditures, including:

a) Expenditures for national target programs; public investment programs; other programs and projects;

b) Expenditures for teacher training and management cadre development programs;

c) Counterpart capital expenditures for implementing foreign-funded projects as prescribed;

d) Expenditures for urgent tasks assigned by competent authorities;

đ) Expenditures for construction and procurement of facilities and equipment; implementation of other investment projects as prescribed by the State;

e) Other expenditures as prescribed by law.

Chapter VII
RELATIONSHIP BETWEEN THE CENTER AND BUSINESSES, EDUCATIONAL INSTITUTIONS, VOCATIONAL EDUCATIONAL INSTITUTIONS, STUDENT FAMILIES, AND SOCIETY

Article 36. Relationship between the Center and Businesses

The Center has the responsibility to actively coordinate closely with businesses in training activities, including:

1. Developing and implementing training plans to meet the direct production technical workforce needs of enterprises and the labor market.

2. Inviting representatives of relevant businesses to participate in developing the Center's training programs and curricula; participating in teaching, guiding practical training, and evaluating student learning outcomes.

3. Coordinating with businesses to organize field trips and practical training for teachers and students at businesses, linking teaching and learning with actual production and services.

4. Collaborating with enterprises to train and enhance the vocational skills of enterprise employees when needed.

5. Cooperating with enterprises in research, production, application, and technology transfer activities.

Article 37. Relationship between the Center and Student Families

1. The Center is responsible for publicly announcing its annual enrollment plans, quotas, standards, and policies and benefits for students.

2. The Center actively coordinates with student families to improve the quality and effectiveness of training.

Article 38. Relationship between the Center and Society

1. The Center implements linkages with production bases, research institutions, science and technology centers, and other training institutions to facilitate teachers and students' visits, practical training, and application of technology, linking teaching and learning with actual production.

2. The Center regularly coordinates with relevant functional agencies of ministries, sectors, and localities, production and business establishments to determine training needs, link training with employment and the labor market.

3. The Center coordinates with cultural, artistic, and sports organizations to provide opportunities for students to participate in cultural exchange, artistic, and sports activities.

4. The Center organizes for teachers, managers, workers, and students to participate in social activities; coordinates with local authorities, political-social organizations, social organizations, and occupational associations to build a healthy training environment.

Article 39. Relations between the Center and general education institutions and vocational education institutions

1. The Center collaborates with junior high schools, high schools, and multi-grade general schools in implementing general vocational training content and career counseling.

2. The Center assigns teachers to participate in teaching at local junior high schools, high schools, and multi-grade general schools to effectively implement the general vocational training program and career counseling.

3. The Center cooperates and links with vocational education institutions to organize training activities as prescribed in Clause 1, Article 7 of this Circular and other relevant laws.

Chapter VIII
IMPLEMENTATION

Article 40. Responsibilities of the Center

1. Organize the implementation of this Circular; improve organizational structure, review all aspects of operations, regulations on teachers and managers to meet the requirements of this Circular; amend, supplement or establish and promulgate internal regulations on organization and operation and other internal regulations of the Center in accordance with the provisions of this Circular.

2. Annually or periodically every six months or at any time, compile the operational status of the Center and submit reports to the Department of Labor, Invalids and Social Affairs, and the People's Committee of the district.

Article 41. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Guide the implementation of this Circular in the system of county-level public vocational education centers nationwide; conduct annual statistics and build databases on Centers.

2. Conduct inspections and audits of the implementation of the regulations on organization and operation of county-level public vocational education centers, handle violations according to the law; revoke or recommend revocation of decisions contrary to the provisions of this Circular and the law on vocational education.

3. The General Department of Vocational Education shall take the lead and coordinate with units under the Ministry and related agencies to guide the implementation and inspection and audit of this Circular, handle violations according to the law.

Article 42. Responsibilities of the Provincial People's Committee

1. Direct the Department of Labor, Invalids and Social Affairs and the People's Committee of the district to guide the Center to operate in accordance with regulations.

2. Direct the Department of Labor, Invalids and Social Affairs and the People's Committee of the district to inspect and audit the implementation of regulations on the organization and operation of the Center within their authority.

Article 43. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Guide the Centers to establish and promulgate internal regulations on organization and operation of the Center in accordance with the guidance of this Circular.

2. Guide the Centers to implement the vocational training program as prescribed by the Ministry of Labor, Invalids and Social Affairs.

3. Inspect and audit the implementation of vocational education regulations at the Center, handle violations according to their authority.

4. Implement state management over vocational education for the Center and annually or periodically every six months or at any time, compile the operational status of the Center and submit reports to the Ministry of Labor, Invalids and Social Affairs, and the Provincial People's Committee.

Article 44. Responsibilities of the People's Committee at the district level

1. Directly manage the Center and bear responsibility for guiding, resolving, and inspecting and supervising issues related to personnel, assets, and infrastructure of the Center within its management scope.

2. Direct the implementation of the organizational and operational regulation of the Center according to this Circular.

3. Coordinate with the Department of Labor, Invalids and Social Affairs in managing subordinate centers; resolve difficulties and obstacles in accordance with the provisions of the law.

4. Inspect the implementation of this Circular and handle violations of subordinate Centers according to the law.

5. Annually and every six months or on an ad hoc basis, compile the operational situation of the center and submit reports to the Department of Labor, Invalids and Social Affairs, and the People's Committee at the provincial level.

Chapter IX
EFFECTIVE DATE

Article 45. Effective Date

1. This Circular takes effect from October 1, 2020.

2. Supplement Clause 3 to Article 1 of Circular No. 57/2015/TT-BLDTBXH dated December 25, 2015 of the Minister of Labor, Invalids and Social Affairs regarding the Charter of vocational education centers as follows: "3. This Charter does not apply to public vocational education centers at the district level."

3. During the implementation process, if there are difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for guidance./.