Decision No. 1114/LDTBXH-QD on the issuance of the Rules on the operation of vocational training institutions

Pursuant to …;
Regarding the issuance of the Rules on the operation of vocational training institutions

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THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree No. 96/CP dated December 7, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 90/CP dated December 15, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code concerning vocational training;

At the proposal of the Director of the Department of Cadres and Training, and the Director of the Department of Labor Policy and Employment.

DECISION:

Article 1.- Now hereby promulgates these Rules on the operation of vocational training institutions attached hereto.

Article 2.- The Heads of the Ministry's Office, Directors of the Department of Cadres and Training, the Department of Labor Policy and Employment, Directors of Provincial Departments of Labor, Invalids and Social Affairs, and Directors of vocational training institutions shall be responsible for implementing this Decision.

REGULATIONS

OPERATIONS OF VOCATIONAL TRAINING INSTITUTIONS

(Attached to Decision No. 1114/LDTBXH-QD dated September 12, 1996)
of the Minister of Labor, Invalids and Social Affairs)

PART I
GENERAL PROVISIONS

Article 1.- The terms used in these Rules shall be understood as follows:

1. Vocational training institution: Is an organization established in accordance with the law to perform the function of vocational training, supplementary and enhancement of skills for workers, pursuant to vocational training contracts.

2. Vocational training: Is the systematic and methodical transmission of knowledge and skills of a trade to learners so that they can master the knowledge and skills of the trade and perform tasks according to the standards of the trade level.

Vocational training includes new trade training and refresher trade training.

- New trade training: Is training for those who have not yet undergone such vocational training.

- Refresher trade training: Is training for those who already have a trade but due to production requirements, technological progress, etc., their current trade no longer meets the demands of the assigned work.

3. Vocational training at the workplace or home: Is direct vocational training at the place of work, mainly through practical guidance during the production process.

4. Vocational training organized in classes: Is vocational training where learners need to grasp both theoretical and practical aspects, and after completing the training period, they must meet the determined trade level standards.

5. Technology transfer: Is the guidance and transmission of new technology and technological secrets used in the production process to produce complete products.

6. Dissemination of scientific and technological knowledge and production-business experience: Is the transmission of understanding about these areas to trainees within a short time, using appropriate methods.

7. Supplementary and enhancement of trades: Is the transmission of additional knowledge and skills to learners to help them improve their ability and efficiency in work.

Article 2.- These Rules apply to the following vocational training institutions:

1. Vocational training institutions of enterprises (including State-owned corporations, companies, and factories regardless of economic components);

2. Vocational training institutions of organizations:

a. Vocational training institutions under the Vietnam General Confederation of Trade Unions; Vietnam Women's Union; Communist Youth Union of Ho Chi Minh; Vietnam Farmers' Association; Vietnam Veterans Association, etc.;

b. Vocational training institutions linked to job creation under employment service centers.

3. Private vocational training institutions.

Chapter II
CONTENT OF THE OPERATIONS OF VOCATIONAL TRAINING INSTITUTIONS

Article 3.- The goal of vocational training of vocational training institutions is to enable trainees to learn a trade (what they must understand, know, and be able to do) and use the learned trade in life.

Based on the goals and specific conditions, vocational training institutions select appropriate forms of vocational training and skill enhancement.

* Vocational training includes:

1. Vocational training at the workplace or home;

2. Vocational training organized in classes;

3. Technology transfer;

4. Dissemination of scientific and technological knowledge and production-business experience.

* Supplementary and enhancement of trades include:

1. Skill enhancement;

2. Supplementary completion and broadening of trade knowledge;

3. Skill training.

Article 4.- Vocational training and supplementary and enhancement of trades must be carried out according to the plan, content, and schedule established by the vocational training institution, ensuring commitments made in the vocational training contract.

Article 5.- Vocational training institutions have the following specific responsibilities:

1. To study labor supply and demand needs to develop plans for vocational training and supplementary and enhancement of trades;

2. To conduct vocational training and supplementary and enhancement of trades according to individual or enterprise vocational training contracts signed with the vocational training institution;

3. To organize skill training, disseminate scientific and technical knowledge, new technologies, and advanced production experiences to all interested parties;

4. To organize the production of products and provide services directly related to the taught trade, thereby improving the quality of training, utilizing material and technical facilities (workshops, machines, equipment), and generating income for the vocational training institution.

Article 6.- Programs and textbooks:

- Vocational training institutions must develop plans, contents, and programs for vocational training. The vocational training program consists of two parts: theory and practice.

- For trades that have standard textbooks, they must be taught according to the standard textbooks, or may be modified and supplemented to suit the vocational training objectives without affecting the quality of training.

- For trades that do not have national standard textbooks, vocational training institutions must compile the program content and must be approved by the Provincial Department of Labor, Invalids and Social Affairs.

After receiving the plan, program, and content of vocational training, the Provincial Department must notify the vocational training institution of the result within thirty days. If the Provincial Department fails to notify the result within this period, the vocational training institution may use the plan, program, and content.

The content of supplementary and enhancement training courses is compiled by the vocational training institution.

Article 7.- Vocational training institutions are responsible for organizing final graduation exams for students in vocational training classes and final assessments for students in supplementary and enhancement training classes.

Examination and assessment regulations are developed by the vocational training institution and must be publicized before the examination and assessment period. The organization of examinations and assessments must ensure strictness, fairness, and compliance with state regulations.

Article 8.- Graduation certificates and supplementary and enhancement certificates have legal validity in recognizing qualifications nationwide.

- Graduation certificates are issued by the Director of the vocational training institution or the Director of the enterprise with a vocational training institution immediately after the decision to recognize graduation is made.

- Graduation certificates and supplementary and enhancement certificates are only issued once.

Article 9.- The financial resources of vocational training institutions are formed from the following sources:

- The learner, or the entity sending the learner to study, contributes through vocational training and supplementary skill development contracts;

- Self-funded resources from combining vocational training with production and service activities;

- Vocational activity funds provided by the state budget (if applicable);

- State agencies, mass organizations, governments, non-governmental organizations, international organizations, and individuals who provide assistance.

Article 10.- Financial activities of vocational training institutions must comply with state regulations on financial management.

Article 11.- Vocational training institutions are subject to state management by the Department of Labor, Invalids, and Social Affairs; directly led and managed by the supervising agency; and simultaneously directed by local authorities regarding related issues.

Article 12.- The director of the vocational training institution has legal personality. The director of the enterprise with a vocational training institution and the owner of vocational training institutions have the following duties and powers.

Duties:

1. Strictly and fully comply with laws, policies, systems, and state regulations, as well as those of various levels of management;

2. Develop and implement good vocational training plans and supplementary skill development plans;

3. Manage the vocational training institution effectively and efficiently. Continuously care for, consolidate, and develop the vocational training institution in all aspects;

4. Regularly improve working, teaching, learning conditions, material and spiritual life for everyone in the vocational training institution;

5. Be responsible for the quality of training and other activities of the vocational training institution;

6. Report periodically every six months or annually on the operation of the vocational training institution to the Department of Labor, Invalids, and Social Affairs (Form No. 4).

Powers:

1. Decide on policies and measures related to the operations of the vocational training institution; sign labor contracts, vocational training contracts, supplementary skill development contracts; use self-funded capital to purchase new equipment and convert existing equipment to meet the requirements of vocational training and supplementary skill development;

2. Actively collaborate with other vocational training institutions, production and service facilities in vocational training and supplementary skill development activities, as well as in production and services within the framework of the law.

 

Chapter III
VOCATIONAL INSTRUCTORS
(TEACHERS)

Article 13.- The relationship between the vocational training institution and the vocational instructor (teacher) is implemented through a labor contract; signed between the head of the vocational training institution and the instructor according to the Labor Code and Government Decree No. 198/CP dated December 31, 1994 guiding the implementation of certain provisions of the Labor Code concerning labor contracts.

Article 14.- Teacher standards: Implemented according to Clause b, Item 1, Article 4 of Government Decree No. 90/CP dated December 15, 1995.

Article 15.- Teachers have the following responsibilities:

1. Respectfully and seriously fulfill the labor contract signed with the vocational training institution;

2. Ensure the schedule and content of teaching according to the plan of the vocational training institution;

3. Continuously improve teaching quality; be accountable to the director of the vocational training institution for the academic and training results of learners;

4. Strictly adhere to pedagogical principles and technical and professional regulations of the vocational training institution;

5. Fully participate in all professional and technical activities organized by the vocational training institution;

6. Maintain and protect teaching equipment, materials, and other assets of the vocational training institution.

Article 16.- Teachers have the following benefits:

1. Enjoy all rights stipulated in the labor contract signed with the vocational training institution and current state regulations;

2. Use the technical infrastructure, equipment, teaching materials, and other items of the vocational training institution for research and teaching within the scope of their assigned responsibilities;

3. Participate in discussions, provide opinions, and evaluate the curriculum, content, teaching methods, management, and other activities of the vocational training institution.

 

Chapter IV
VOCATIONAL LEARNERS
(STUDENTS)

* Duties of students:

Article 17: Students must strictly and fully comply with the vocational training and supplementary skill development contracts signed with the vocational training institution.

Article 18.- Students must respect and fully comply with the rules and regulations of the vocational training institution regarding study and practice, such as:

1. Fully implement the study program and content according to the vocational training and supplementary skill development contract;

2. Seriously and appropriately interact with teachers, managers, and service staff at the vocational training institution;

3. Fully respect and comply with safety regulations;

4. Maintain and protect study equipment, materials, and other assets of the vocational training institution;

5. Pay tuition fees fully and on time according to the vocational training and supplementary skill development contract;

6. Students may not engage in any activities that affect social order and security within the vocational training institution, dormitories, and should maintain civilized and healthy lifestyles.

* Benefits of students:

Article 19: During the period of vocational training, students enjoy material and spiritual benefits according to the vocational training contract signed with the vocational training institution and current state regulations.

Article 20.- Students are informed of the rules and regulations regarding study, policies, and regulations of the state related to students.

Article 21.- Students can use study equipment, experimental tools, etc., to enhance their skills according to the regulations of the vocational training institution.

Students can contribute opinions to the director of the vocational training institution about training objectives, programs, contents, and methods.

Article 22.- Students are guaranteed workplace safety and hygiene according to the Labor Code and Government Decree No. 06/CP dated January 20, 1995.

Article 23.- Students can express wishes and complaints to the director of the vocational training institution to resolve issues related to themselves or groups of students such as study, food, accommodation, cultural and sports activities.

Article 24.- Students are encouraged and provided opportunities to participate in organizational activities (trade unions, youth organizations), social activities inside and outside the vocational training institution, cultural, artistic, sports activities consistent with the training objectives of the vocational training institution.

Article 25.-

1. This regulation shall be uniformly applied in vocational training institutions specified in Government Decree No. 90/CP dated December 15, 1995.

2. This regulation takes effect from the date of signing.

Previous regulations inconsistent with this regulation are abolished.

3. In the course of implementation, if there are any difficulties, please report to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.

FORM NO. 1.

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

APPLICATION FOR VOCATIONAL TRAINING

Respected Director of Vocational Training Institution,

My name is:...Gender:...

Date of birth:...month...year 19...

Ethnicity: …

Permanent residence:...

Educational level:...

Previously studied (or known) trade:...

Current vocational level:...

I wish to register for vocational training (or vocational upgrading):...

Upon admission, I hereby commit to strictly and fully comply with the terms of the vocational training contract and the regulations of the vocational training institution.

 

..., day...month... year 199...

Applicant

(SIGNATURE AND FULL NAME)

ANNEXED TO THE REGULATIONS ON "OPERATION OF VOCATIONAL TRAINING INSTITUTIONS" OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.

FORM NO. 2.

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

DEPARTMENT (ENTERPRISE; CENTER):...

VOCATIONAL TRAINING INSTITUTION:...

CLASS REGISTER

Class name:...

Trade:...

Course:...

Year 199...

ANNEXED TO THE REGULATIONS ON "OPERATION OF VOCATIONAL TRAINING INSTITUTIONS" OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.

I. MONITORING OF TRAINING PROCESS

Teacher's name:...

Subject:...

II. MONITORING OF TEACHING CONTENT

FORM NO. 3.

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

Department (Enterprise; Center):...

Vocational Training Institution:...

(Page 1)

TRADE CERTIFICATE ISSUANCE RECORD

ISSUANCE OF TRADE CERTIFICATES AND VOCATIONAL TRAINING CERTIFICATES

 (ANNEXED TO THE REGULATIONS ON "OPERATION OF VOCATIONAL TRAINING INSTITUTIONS" OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS)

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

(Page 1)

TRADE CERTIFICATE ISSUANCE RECORD

ISSUANCE OF TRADE CERTIFICATES AND VOCATIONAL TRAINING CERTIFICATES

This record book has:...pages

Page numbering from number:...to number...

Registration from number:...to number...

Day...month... year 199...

Credit organization branch in province/city and basic credit cooperative…

Page...

TRADE CERTIFICATE ISSUANCE RECORD

MODEL NO. 4

REPORT

SITUATION OF ACTIVITY OF VOCATIONAL TRAINING INSTITUTION...

1. Total number of trades taught at the institution:...

2. Total number of trainees:...