Circular No. 10/LDTT guiding the implementation of the system for vocational allowances and promotion of workers' ranks

CIRCULAR

Guidelines for Implementing the System of Training and Advancement of Workers' Skill Levels

Pursuant to the temporary regulations on the autonomy rights of grassroots economic units in the field of labor and wages (annexed to Decision No. 76-HĐBT dated June 26, 1986 of the Council of Ministers), to promote the autonomy rights of enterprises regarding the training and improvement of workers' skills and advancement of their skill levels, after consulting with relevant Ministries and sectors, the Ministry of Labor issues guidelines for implementing the system of training and advancement of workers' skill levels as follows:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

1. Training to improve skills and examination for advancement of workers' skill levels is a regular task of the Directors of enterprises aimed at ensuring that workers' skill levels meet production requirements, improving product quality, reducing production costs, applying scientific and technological progress to production, increasing labor productivity, and utilizing the workforce effectively.

2. The annual plan for training to improve skills and advancement of workers' skill levels must be based on the production plan and the technical level requirements for workers at various production stages, ensuring the successful completion of the enterprise's production tasks in terms of quantity and quality of products.

3. The content of training to improve skills and advancement of workers' skill levels must be based on the technical grade standards for workers' skills set by the competent Ministry and agreed upon with the Ministry of Labor. For new occupations without technical grade standards, enterprises may temporarily establish such standards and report them to the competent Ministry.

4. Workers currently engaged in a particular occupation shall first take the examination for advancement in that occupation. If they have additional occupations suitable for the production needs of the enterprise, they still have the right to take the examination for advancement in those other occupations. Advancement will only be granted to workers who have passed theoretical and practical examinations meeting the requirements of the technical grade standards for the grade being sought and who are assigned appropriate work.

II. ELIGIBILITY CRITERIA AND CONDITIONS FOR PARTICIPATION IN SKILL LEVEL ADVANCEMENT EXAMINATIONS FOR WORKERS

1. All workers currently employed, regardless of whether they were hired under formal contracts, in enterprises or administrative agencies, public institutions, etc., who have been placed on wage scales for workers, are eligible to apply the system of training to improve skills and advancement of workers' skill levels.

2. Workers wishing to participate in skill level advancement examinations must satisfy the following conditions:

a) They must have studied and received training in theory and practice according to the plans, contents, and forms of training and advancement organized and guided by the unit in accordance with state regulations.

b) In the twelve months prior to taking the advancement examination, they must have completed assigned tasks, met the quantity and quality standards for products at their current grade level, and had any disciplinary measures imposed within six months before the examination lifted (if applicable) from warnings and above.

3. Workers who pass both theoretical and practical examinations for advancement according to the technical grade standards will be issued a certificate of occupational proficiency. Upon assignment of work commensurate with their proficiency level, they will receive the new wage rate from the date of assignment. If they achieve outstanding results in both theoretical and practical examinations, they may immediately apply for the next higher grade examination.

4. For workers who have achieved the title of Excellent Worker at the industry level (the content of the Excellent Worker examination is based on the technical grade standards for the occupation they are working in), if the enterprise requires a higher occupational skill level, it will be applied as follows:

- In cases where the grade of the Excellent Worker title is one grade higher than the current worker grade, the worker will be considered for advancement to the next grade without having to take the advancement examination.

- In cases where the grade of the Excellent Worker title is two grades or more higher than the current worker grade, the worker must undergo an assessment of their skill level (theory and practice) for each intermediate grade between the current grade and the grade achieved through the Excellent Worker examination. If they meet the requirements, they will be considered for advancement to the grade achieved through the Excellent Worker examination.

5. Workers who have graduated from a regular vocational training program lasting two and a half years or longer, when taking the advancement examination for grades below grade five (wage scale grades six and seven), do not need to take the theoretical examination but only the practical examination. For workers working in border areas with military operations, or in remote and isolated locations, disabled workers ranked, ethnic minority workers, workers over fifty years old (men) or forty-five years old (women) with long-term service, and workers with low educational levels, when assessing their occupational skill levels for advancement, they may be given some leniency in theoretical knowledge but must ensure practical skills.

6. Technical staff, senior workers, and workers participating in skill level advancement examinations during the period of guidance and training for practical examinations, if they achieve significant benefits for the enterprise through their initiatives, the enterprise's skill advancement committee may recognize this and recommend monetary rewards up to thirty percent of the value of the benefit (after deducting all expenses). If the benefit is due to inventions or innovations, the reward will be determined according to the current state regulations on incentives for inventions and innovations.

III. IMPLEMENTATION

To effectively implement the training to improve skills and advancement of workers' skill levels, the following actions should be taken:

1. Enterprises must establish a Committee for Training and Advancement of Workers' Skill Levels, which will advise the Enterprise Director and have the following responsibilities and authorities:

- Develop plans for training and advancement of workers' skill levels in conjunction with the production plan.

- Announce the standards and lists of workers eligible for training and participation in advancement examinations.

- Organize and monitor the study and training in theory and practical skills for workers participating in advancement examinations.

- Conduct grading for theoretical and practical examinations for workers participating in advancement examinations. Report the examination results to the Enterprise Wage Council.

2. Based on the examination results reported by the Committee for Training and Advancement of Workers' Skill Levels, the Enterprise Director has the responsibility to:

- Issue certificates of occupational grade to workers who have passed the examination requirements.

- When assigning work commensurate with their proficiency level and upon recommendation of the Enterprise Wage Council, sign the decision to advance the worker's wage grade.

3. Labor and Wages Departments of Ministries, agencies equivalent to Ministries, General Departments, Provincial Labor Departments, and municipalities directly under the Central Government have the responsibility to assist the heads of their respective sectors or localities:

- Direct and specify the provisions of this Circular to suit the characteristics of their sector or locality.

- Direct the supervision of inspections at facilities, review job levels, calculate the quantity and skill level requirements for workers at each stage according to the production plan to develop annual vocational training and promotion plans for workers when formulating the production plan.

- Organize interim reviews and report the results of vocational training and promotion for workers from facilities under the industry and localities to the Ministry of Labor.

This Circular shall be widely disseminated to all workers currently employed in factories and agencies, and shall replace previous Circulars guiding the vocational training and promotion of workers.