Circular No. 12/2004/TT-BLDTBXH guiding the organization and operation of vocational training at Rehabilitation - Education - Social Labor Centers

CIRCULAR

GUIDELINES ON THE ORGANIZATION AND IMPLEMENTATION OF VOCATIONAL TRAINING AT REHABILITATION-CORRECTION-SOCIAL LABOUR CENTRES ISSUED BY THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS UNDER DECREE NO. 12/2004/TT-LDTBXH DATED NOVEMBER 2, 2004

Pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the application of measures for admission to medical facilities, organization of activities at medical facilities under the Ordinance on Handling Administrative Violations and regulations applicable to minors and voluntary patients, the Ministry of Labour, Invalids and Social Affairs issues guidelines on the organization and implementation of vocational training at Rehabilitation-Correction-Social Labour Centres as follows:

I. GENERAL PROVISIONS

1. The Rehabilitation-Correction-Social Labour Centre (hereinafter referred to as the Centre) mentioned in this Circular is a facility established, organized, and operated according to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the application of measures for admission to medical facilities, organization of activities at medical facilities under the Ordinance on Handling Administrative Violations and regulations applicable to minors and voluntary patients.

2. The Centre has the responsibility to organize vocational training for sex workers, drug addicts undergoing treatment and rehabilitation (hereinafter referred to as trainees) with the aim of helping them acquire practical skills to find employment or create their own jobs, stabilize their lives, and reintegrate into society.

When organizing vocational training, the Centre must comply with the provisions of the laws on vocational training.

3. Provincial People's Committees shall invest in workshops, infrastructure, equipment, and funding for vocational training at the Centres based on the actual needs of treatment and rehabilitation for trainees at local Centres.

Provinces and cities with Centres located close to each other may establish separate vocational training centres to organize vocational training for trainees from those Centres.

A vocational training centre dedicated to trainees from the Centres is a subordinate unit of the Department of Labour, Invalids and Social Affairs within the system of vocational training facilities, established and operated according to the provisions of the laws on vocational training.

II. SPECIFIC PROVISIONS

1. Trainees: Trainees undergoing treatment and rehabilitation at the Centres who have not yet acquired a trade or wish to change trades.

Trainees must register for vocational training with the Centre (the registration form attached to this Circular) and contribute towards the cost of training. The level of contribution and exemptions or reductions for those with particularly difficult circumstances, belonging to policy families, shall be implemented according to the provisions of the law.

2. Trades to be trained: The Department of Labour, Invalids and Social Affairs shall determine the trades to be trained based on the labour market demand in the locality, the qualifications, health status, characteristics of the trainees, and the conditions of infrastructure, staff of the Centres for each specific period.

3. Forms of organizing vocational training at the Centres:

a) Organizing short-term vocational training courses lasting from one month to less than one year:

- The Centre will organize classes based on the conditions of infrastructure, staff, teachers, and the registration of trainees. The minimum duration of a course is one month. - The organization of vocational training classes shall be carried out in accordance with Circular No. 01/2002/TT-LDTBXH dated January 4, 2002 of the Ministry of Labour, Invalids and Social Affairs.

- The vocational training curriculum for trainees must be developed, reviewed, and approved in accordance with Decision No. 212/2003/QĐ-LDTBXH dated February 27, 2003 of the Ministry of Labour, Invalids and Social Affairs on the issuance of principles for developing and implementing vocational training curricula.

- Trainees who complete the vocational training program and meet the required conditions will be eligible to take examinations and evaluations. If they pass, they will be awarded a vocational certificate. The authority and procedures for issuing certificates shall be in accordance with the laws on vocational training.

b) Organizing short-term vocational training courses lasting less than one month:

- Short-term vocational training is conducted through a combination of study and work, combined with therapeutic labour and production labour to restore functions or utilize the existing potential of the Centre to produce products for the daily needs of trainees.

4. Conditions for organizing vocational training:

a) The Centres can carry out vocational training activities when they have all necessary conditions regarding classroom area, workshop area, training equipment, teaching staff, curricula, textbooks, and have been granted a certificate of registration for vocational training activities by the Department of Labour, Invalids and Social Affairs. In cases where these conditions are not met, the Centres are permitted to collaborate with vocational schools and other training institutions in the locality for joint training programs. The forms of collaboration and content of training must comply with the provisions of the law.

b) The Centres have the right to proactively cooperate and collaborate with schools, training institutions, and production and business establishments of various economic sectors to enhance and improve the effectiveness of vocational training activities.

c) Funding for vocational training includes:

- Local budget.

- Support from the central government budget.

- Contributions from trainees towards the cost of training.

- Donations from domestic and foreign organizations and individuals.

- Revenue from the Centre's advisory, production, and service activities.

- Other sources.

III. IMPLEMENTATION

Each year, the Centres develop plans in accordance with the guidance of the Department of Labour, Invalids and Social Affairs. The Department of Labour, Invalids and Social Affairs takes the lead and coordinates with the Department of Finance and Price Control, the Department of Planning and Investment to compile and submit the plans for approval by the Provincial People's Committee; and direct the implementation of the approved plan.

The Centres must organize vocational training strictly in accordance with the assigned target groups and contents; use funds for their intended purposes effectively, and be responsible for the use and settlement of allocated funds, and report on the results of implementation as prescribed.

This Circular takes effect fifteen days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Labour, Invalids and Social Affairs for consideration and resolution.

The Centres must organize vocational training strictly in accordance with the assigned target groups and contents; use funds for their intended purposes effectively, and be responsible for the use and settlement of allocated funds, and report on the results of implementation as prescribed.

This Circular shall take effect fifteen days from the date of publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and resolution./.