Circular No. 05/2022/TT-BLDTBXH on the linkage organization to implement training programs in vocational education

CIRCULAR

Regulations on Collaboration to Implement Training Programs in Vocational Education

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

Pursuant to the Education Law dated June 14, 2019;

BASED ON 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;

Pursuant to Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing a number of articles and measures for the implementation of the Law on Vocational Education;

At the proposal of the Director General of the General Department of Vocational Education,

The Minister of Labor, Invalids and Social Affairs issues this Circular on Regulations on Collaboration to Implement Training Programs in Vocational Education.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates collaboration to implement training programs (hereinafter referred to as collaborative training), including: Objectives, forms of collaborative training, organization of collaborative training, rights and obligations of parties involved in collaborative training.

Article 2. Applicability

1. This Circular applies to vocational education institutions, vocational education activity institutions, vocational education and general education centers, enterprises, and organizations and individuals with a need for collaborative training.

2. This Circular does not apply to foreign collaborative training.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Collaborative training is cooperation between the main organizing entity of collaborative training and the collaborating entity of collaborative training to organize the implementation of training programs leading to graduation certificates of college, intermediate level, and primary certificates without forming a new legal entity.

2. Domestic collaborative training is a form of cooperation between domestic vocational education institutions among themselves or between domestic vocational education institutions and enterprises, agencies, organizations, and individuals requiring collaborative training.

3. The main organizing entity of collaborative training is a vocational education institution, a vocational education activity institution, a vocational education and general education center, and an enterprise that has been granted a certificate of registration for vocational education activities and is primarily responsible for organizing collaborative training.

4. The collaborating entity of collaborative training is a vocational education institution, a vocational education activity institution, a vocational education and general education center, an enterprise, an organization, or an individual requiring collaborative training, participating in training activities in a supporting role with the main organizing entity of collaborative training in training management, teaching theoretical and practical courses, and ensuring conditions for implementing collaborative training or only ensuring conditions for implementing collaborative training.

Article 4. Objectives and Forms of Collaborative Training

1. Collaborative training aims to exploit, coordinate, and mobilize social resources for vocational labor force training, improving the quality and effectiveness of training.

2. Collaborative training is organized in two forms as follows:

a) Collaborative training coordination: The collaborating entity of collaborative training directly participates in teaching, coordinates in managing the training process, and ensures material and equipment conditions for implementing collaborative training or only participates in teaching activities within the collaborative training program;

b) Collaborative training class placement: The collaborating entity of collaborative training does not participate in teaching but coordinates in managing and ensuring material and equipment conditions for implementing collaborative training.

Chapter II

ORGANIZATION OF COLLABORATIVE TRAINING AND RIGHTS AND OBLIGATIONS OF PARTIES INVOLVED IN COLLABORATIVE TRAINING

Article 5. Organizing Joint Training Programs

1. The Leading Organization in Joint Training: Shall take the lead and coordinate with the collaborating organization to prepare material conditions, equipment, and teaching staff according to the training program and the minimum standards for material conditions and equipment to organize joint training programs in various forms to ensure the quality of training.

2. The Collaborating Organization in Joint Training: Participate in teaching the training program based on the conditions and form of joint training. The plan, time, and volume of teaching content shall be agreed upon by both parties and reflected in the joint training agreement as stipulated in Article 6 of this Circular.

3. The enrollment quota for joint training shall be within the total quota granted according to the registration of vocational education activities of the leading organization in joint training.

4. The management of students during the training process shall be carried out in accordance with Circular No. 17/2017/TT-BLDTBXH dated June 30, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, regulating student and trainee affairs in secondary vocational schools and colleges.

5. Joint training under the form of combined work and study shall be implemented in accordance with Circular No. 31/2017/TT-BLDTBXH dated December 28, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, regarding the training of college, secondary, and basic levels through combined work and study.

Article 6. Joint Training Agreement

The joint training agreement specifies the details of the implementation of joint training; rights, responsibilities of the leading organization and the collaborating organization in joint training. The contents of the joint training agreement include the following main points:

1. The name of the profession, level of training or training content; training duration, location, scale, and form of joint training.

2. The training program and the conditions ensuring quality in terms of material facilities and equipment for training.

3. Training schedule and progress. In cases where the collaborating organization in joint training is a business enterprise, the location and time of training at the enterprise and the time of training at the leading organization in joint training must be clearly stated.

4. Teaching staff participating in teaching and guiding; remuneration or salary for teachers and learners if they produce products meeting specifications during practical training (if applicable).

5. Duration of the joint training agreement.

6. Rights, obligations, and responsibilities of the parties involved in joint training.

7. Financial implementation of the joint training agreement.

8. Other related contents.

Article 7. Rights of Parties Involved in Joint Training

1. Agree on the level of admission fees and tuition fees in accordance with regulations. In cases where a vocational education institution collaborates with a business enterprise or vice versa, the two parties shall agree on the salary or wages for learners and directly involved or participating teachers in producing products during training, practical training, and internships at the enterprise.

2. Negotiate and sign a joint training implementation agreement in accordance with Article 6 of this Circular.

Article 8. Obligations of Parties Involved in Joint Training

1. The Leading Organization in Joint Training

a) Register for vocational education activities or supplement the registration for vocational education activities for the professions intended for joint training in accordance with Decree No. 143/2016/NĐ-CP dated October 14, 2016, of the Government on investment conditions and activities in the field of vocational education; Decree No. 140/2018/NĐ-CP dated October 8, 2018, amending and supplementing certain decrees related to investment and business conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs. If the joint training only implements the teaching of one or several parts of the training program, there is no need to register or supplement the registration for vocational education activities;

b) Lead the implementation of admissions in accordance with Circular No. 05/2021/TT-BLDTBXH dated July 7, 2021, issued by the Minister of Labor, Invalids, and Social Affairs, regulating the admission system and determining the enrollment quota for intermediate and higher vocational education levels;

c) Lead the organization of training, quality management, assessment, and recognition of learning outcomes for learners in accordance with Circular No. 04/2022/TT-BLDTBXH dated March 30, 2022, issued by the Minister of Labor, Invalids, and Social Affairs, on organizing intermediate and higher vocational education levels in annual systems or modular or credit systems; Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015, on basic vocational education; Circular No. 34/2018/TT-BLDTBXH dated December 26, 2018, amending and supplementing certain articles of Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015; Circular No. 43/2015/TT-BLDTBXH dated October 20, 2015, on regular vocational training; Circular No. 07/2017/TT-BLDTBXH dated March 10, 2017, on the working system of vocational education teachers; Circular No. 08/2017/TT-BLDTBXH dated March 10, 2017, on professional standards for vocational education teachers; and Circular No. 21/2020/TT-BLDTBXH dated December 30, 2020, amending and supplementing certain articles of Circular No. 08/2017/TT-BLDTBXH dated March 10, 2017; Circular No. 31/2017/TT-BLDTBXH dated December 28, 2017, on intermediate, secondary, and basic vocational education levels through combined work and study.

d) Organize and issue certificates to graduates of joint training programs in accordance with Circular No. 10/2017/TT-BLDTBXH dated March 13, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, which stipulates the format of secondary and college graduation certificates; print, manage, issue, recall, and cancel secondary and college graduation certificates, and Circular No. 24/2020/TT-BLDTBXH dated December 30, 2020, issued by the Minister of Labor, Invalids, and Social Affairs, amending and supplementing certain provisions of Circular No. 10/2017/TT-BLDTBXH dated March 13, 2017, issued by the Minister of Labor, Invalids, and Social Affairs; Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015, issued by the Minister of Labor, Invalids, and Social Affairs, on vocational training at the primary level, and Circular No. 34/2018/TT-BLDTBXH dated December 26, 2018, issued by the Minister of Labor, Invalids, and Social Affairs, amending and supplementing certain provisions of Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015.

đ) The head of the main unit responsible for joint training shall issue a decision on the enrollment for joint training when all requirements for joint training are met. The decision on joint training enrollment must clearly state the name of the major, profession, level, and form of training, as well as the target group and form of enrollment.

2. The coordinating unit for joint training shall be responsible for:

a) Cooperating with the main unit for joint training to prepare all necessary conditions to ensure quality for participating in organizing joint training activities according to the agreement in the joint training contract between the two units;

b) Cooperating to monitor and supervise the implementation of the training plan, the organization of teaching and learning, and promptly reflecting any violations to the main training unit for timely correction.

Chapter III
IMPLEMENTATION

Article 9. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. Guide the implementation of joint training organization for units under its management in accordance with this Circular.

2. Annually, compile the situation of joint training of units within its jurisdiction and report to the Vocational Education General Department, Ministry of Labor, Invalids, and Social Affairs, in accordance with the reporting system prescribed in Circular No. 04/2022/TT-BLDTBXH dated March 30, 2022, issued by the Minister of Labor, Invalids, and Social Affairs, on the organization of secondary and college-level training according to the academic year system or modular or credit accumulation method.

3. Report to the competent authority on joint training activities and other related issues in accordance with the law or report urgently when required.

Article 10. Responsibilities of the main and coordinating units for joint training

1. Issue regulations on joint training applicable to the unit, agency, organization, and individual in accordance with this Circular.

2. Annually, submit a written report on the joint training situation of the unit up to December 31 to the supervising agency, the Department of Labor, Invalids, and Social Affairs of the province or city where the headquarters is located, in accordance with the reporting system prescribed in Circular No. 04/2022/TT-BLDTBXH dated March 30, 2022, issued by the Minister of Labor, Invalids, and Social Affairs, on the organization of secondary and college-level training according to the academic year system or modular or credit accumulation method.

3. Store joint training files in accordance with current regulations on recordkeeping.

Article 11. Effective Date

1. This Circular takes effect from May 20, 2022. Circular No. 29/2017/TT-BLDTBXH dated December 15, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, on the organization of joint training programs ceases to be effective from the date this Circular comes into force.

2. Joint training courses implemented before this Circular takes effect shall be carried out in accordance with the provisions of Circular No. 29/2017/TT-BLDTBXH.

3. In cases where the cited documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

4. Provincial People's Committees, Political-Social Organizations, the Vocational Education General Department, Departments of Labor, Invalids, and Social Affairs of provinces and cities, relevant units, agencies, organizations, and individuals shall be responsible for implementing this Circular./.