Decision No. 13/2007/QD-BLDTBXH Issuing the Model Regulation of Vocational Training Centers

Pursuant to …;

Issuing the Model Regulation of Vocational Training Centers

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Vocational Training Law dated November 29, 2006;

Pursuant to Decree No. 29/2003/NĐ-CP dated March 31, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

At the proposal of the Director General of the Vocational Training Administration,

DECISION:

Article 1. This Decision promulgates the Model Regulation of Vocational Training Centers.

Article 2. This Decision takes effect from June 1, 2007.

Abolishes Decision No. 776/2001/QĐ-BLĐTBXH dated August 9, 2001 of the Minister of Labor - Invalids and Social Affairs on the issuance of the Regulation on the organization and operation of vocational training centers.

Article 3. Ministers, Heads of ministerial-level agencies, agencies under the Government having vocational training centers, Chairpersons of Provincial People's Committees, Secretaries of the Ministry, Directors of the General Department of Vocational Training, Directors of Departments of Labor - Invalids and Social Affairs of provinces and centrally-run cities, Directors of vocational training centers, Heads of related units are responsible for implementing this Decision./.

REGULATIONS

MODEL OF VOCATIONAL TRAINING CENTERS
(Issued together with Decision No. 13/2007/QĐ-BLĐTBXH dated May 14, 2007 of the Minister of Labor - Invalids and Social Affairs)

Chapter 1:

GENERAL PROVISIONS

 

Article 1. Scope and Applicability

This Regulation stipulates the organization and operation of public vocational training centers and private vocational training centers (hereinafter referred to collectively as vocational training centers).

Article 2. Legal Status of Vocational Training Centers

1. A vocational training center is a vocational training institution at the primary level operating in accordance with this Regulation and other relevant laws.

2. A vocational training center is a state-owned unit with autonomy and responsibility as prescribed by law.

The center has legal personality, its own seal, and separate accounts.

Article 3. Principles for Naming Vocational Training Centers

1. The name of a vocational training center in Vietnamese consists of the following components: "Vocational Training Center + field or group of main trades trained or the specific name of the center".

2. The name of the center must not be identical to the name of a previously established center within the planning framework for the network of vocational training centers.

3. The Vietnamese name of the center shall be recorded in the establishment decision, seal, and transaction documents of the center, and displayed at the headquarters and branches of the center.

Article 4. State Management of Vocational Training Centers

1. Vocational training centers are subject to state management in vocational training by the Ministry of Labor - Invalids and Social Affairs; they are also subject to territorial management by the People's Committee of the province or centrally-administered city (hereinafter referred to collectively as the provincial People's Committee) where the center is located.

2. Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall cooperate with the Ministry of Labor - Invalids and Social Affairs to implement state management over vocational training centers in accordance with this Regulation.

Article 5. Development and Issuance of the Regulation on the Organization and Operation of Vocational Training Centers

1. Based on this Model Regulation, vocational training centers shall organize the development of their own Regulation on the organization and operation of the center, suitable to the specific conditions of the center, and submit it for approval by the agency or organization that issued the establishment decision or permitted the establishment of the center.

2. The Regulation on the organization and operation of vocational training centers must include the following main contents:

a) Name of the center;

b) Tasks and powers of the center;

c) Vocational training activities;

d) Tasks and rights of teachers and managers;

đ) Tasks and rights of trainees;

e) Organizational structure and personnel of the center;

g) Relations between the center and enterprises, families, and society;

h) Financial resources, facilities, and equipment of the center;

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

Chapter 2:

TASKS AND LIMITATIONS OF THE VOCATIONAL TRAINING CENTER

 

Article 6. Duties

1. Organize direct training of technical human resources for production and services at the primary vocational level to equip learners with practical skills for a simple trade or some tasks within a trade, professional ethics, discipline awareness, industrial work style, good health, creating conditions for them to have job-seeking capabilities, self-employment, or further education to higher levels, meeting labor market requirements.

2. Organize the development and implementation of vocational training programs, curricula, and learning materials for permitted trades. Incorporate teaching content on language, customs, traditions, laws of the country where workers will be employed, and relevant Vietnamese laws into the vocational training program when organizing training for workers going abroad.

3. Develop and organize recruitment plans for vocational training.

4. Organize teaching and learning activities; conduct examinations and issue primary vocational certificates according to regulations stipulated by the Minister of Labor, Invalids, and Social Affairs.

5. Recruit and manage a teaching staff, administrative personnel, and employees of the center in sufficient numbers; suitable to the trade, scale of training according to legal standards.

6. Provide free vocational training and employment counseling to trainees.

7. Implement scientific and technological production, business, and service activities according to legal provisions.

8. Coordinate with enterprises, organizations, individuals, and families of trainees in vocational training activities; organize visits and internships at enterprises for trainees.

9. Organize participation of teachers, administrative personnel, employees, and trainees in social activities.

10. Implement democracy and transparency in the execution of vocational training tasks, application of science and technology in vocational training, and financial operations.

11. Manage and utilize land, infrastructure, equipment, and finance according to legal provisions.

12. Implement regular and extraordinary reporting systems as prescribed.

13. Perform other tasks as prescribed by law.

Article 7. Powers

1. Have the initiative to develop and implement plans for center development consistent with vocational training development strategies and network planning of vocational training centers to meet labor market demands.

2. Organize regular vocational training programs according to legal provisions.

3. Engage in joint ventures and collaborations with domestic enterprises, organizations, individuals, and foreign organizations and individuals to organize training, supplementary training, and skill enhancement according to legal provisions.

4. Mobilize, accept sponsorships, manage, and utilize resources according to legal provisions to carry out vocational training activities.

5. Decide on establishing enterprises, production, business, and service organizations; units subordinate to the center according to the organizational structure approved in the Center's Operational Regulations.

6. Utilize income from economic activities to invest in building the center’s infrastructure, fund vocational training activities, and supplement the center’s financial resources.

7. To exercise other autonomy rights in accordance with the provisions of the law.

Chapter 3:

ORGANIZATIONAL STRUCTURE AND PERSONNEL OF THE VOCATIONAL TRAINING CENTER

 

Article 8. Organizational structure of vocational training centers

The organizational structure of vocational training centers includes:

1. Director and deputy directors.

2. Training department; other specialized or functional departments.

3. Production and service units serving vocational training (if any).

4. Communist Party organizations and social organizations.

Article 9. Standards, conditions, and authority for appointing and recognizing directors

1. The director of a vocational training center must meet the following standards:

a) Good moral character and clear background;

b) Hold a college degree or higher; have been trained in management skills;

c) Be in good health according to requirements.

2. Conditions for appointment

a) For public vocational training centers: The initial age limit for appointing a director is not more than 55 years old for men and not more than 50 years old for women;

b) For private vocational training centers: The director cannot be a civil servant or state employee.

3. Authority to appoint and recognize directors

The person authorized to establish or permit the establishment of a vocational training center has the right to appoint or recognize the director of the vocational training center based on the proposal of the organization, the contributors to the establishment of the center, or the individual owner of the center.

Article 10. Duties of the director

The director is responsible for managing and directing the activities of the center in accordance with this Regulation and relevant laws. The director has the following duties:

1. To develop and implement plans for vocational training, supplementary training, and skill enhancement.

2. To manage the physical facilities, assets, and finances of the center and organize the effective exploitation and utilization of mobilized resources to serve vocational training activities in accordance with the law.

3. To continuously improve working, teaching, and learning conditions for staff, employees, teachers, and students.

4. To organize and direct the construction of a healthy educational environment; ensure political security and social order within the center.

5. To implement democratic regulations within the center; implement state policies and systems for staff, teachers, and students in the center.

6. To fully and promptly report regularly and urgently as prescribed by law.

Article 11. Powers of the director

1. To decide on measures to implement the tasks and powers of the vocational training center as stipulated in Articles 6 and 7 of this Regulation.

2. To decide on the establishment of specialized or functional departments according to the organizational structure of the center approved in the Center's Organization and Operation Regulations as stipulated in Article 5 of this Regulation.

3. To decide on the recruitment or employment contracts for teachers, staff, and employees in accordance with the law.

4. To enter into vocational training, supplementary, and skill enhancement contracts with students in accordance with the law.

5. To sign joint venture contracts with other training institutions; production and business service bases in vocational training, supplementary, and skill enhancement activities or organizing production and business services in accordance with the law.

6. To issue primary vocational certificates to students who meet the requirements as prescribed.

7. To decide on rewards and disciplinary actions for staff, teachers, employees, and students within the scope of delegated management authority.

Article 12. Deputy Director

1. Criteria for appointing and recognizing deputy directors

The deputy director of the vocational training center must have good moral character and clear background; hold a college degree or higher; possess management capabilities.

2. Authority to appoint and recognize deputy directors

The person authorized to decide on the establishment or permission for the establishment of the vocational training center has the right to appoint or recognize the deputy director of the vocational training center based on the proposal from the organization, the contributors to the establishment of the center, or the individual owner of the center.

3. Duties and powers of deputy directors

a) Assist the director in managing and operating the center's activities; directly oversee certain areas of work assigned by the director and handle other tasks delegated by the director;

b) When handling tasks assigned by the director, the deputy director represents the director and is responsible under the law and to the director for the results of the assigned work.

Article 13. Training Departments and Other Specialized or Professional Departments

Based on the scale and vocational training fields, the director of the center decides to establish a training department and other specialized or professional departments subordinate to the center according to the organizational structure of the center approved in the Center’s Organizational and Operational Regulations stipulated in Article 5 of these Regulations.

Article 14. Production and Service Units Serving Vocational Training

1. The vocational training center may establish enterprises or production/service bases. The establishment and operation of such enterprises and bases are carried out in accordance with the provisions of the law.

2. The vocational training center may establish subordinate units to serve its vocational training activities. The organization and management of these units' operations are decided by the center director in accordance with the law.

Article 15. Party Organizations, Mass Organizations, and Social Organizations

1. The Communist Party of Vietnam organization within the vocational training center operates in accordance with the Constitution, laws, and regulations of the Communist Party of Vietnam.

2. Mass organizations and social organizations within the vocational training center operate in accordance with the Constitution, laws, their charters, and have the responsibility to contribute to achieving the vocational training objectives.

Chapter 4:

ORGANIZATION AND OPERATION OF VOCATIONAL TRAINING

 

Article 16. Trades Trained

The vocational training center trains trades at the primary level according to the labor market's requirements. Annually, based on the demand for direct technical workforce in production and services from the labor market, the vocational training center promptly adjusts the scale and trades trained by the center.

Article 17. Programs and Textbooks

1. The vocational training center organizes the development and issuance of primary-level vocational training programs and regular vocational training programs of the center.

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

3. The vocational training center organizes the compilation and issuance of vocational training textbooks or uses vocational training textbooks from other training centers in accordance with the law.

Article 18. Admissions

1. The vocational training center develops an annual admissions plan based on the demand for direct technical workforce in production and services from the industry and locality and the training capacity of the center.

2. The vocational training center conducts vocational training admissions in accordance with the Vocational Training Admissions Regulations issued by the Minister of Labor, Invalids, and Social Affairs.

Article 19. Inspection and Evaluation

The vocational training center shall conduct inspection, evaluation of students' academic results, discipline, and self-cultivation in accordance with the Examination, Inspection, and Graduation Recognition Regulations issued by the Minister of Labor, Invalids, and Social Affairs.

Article 20. Issuance and Management of Primary Vocational Certificate

The vocational training center shall issue primary vocational certificates in accordance with the regulations stipulated by the Minister of Labor, Invalids, and Social Affairs.

Chapter 5:

TEACHERS, STAFF, AND EMPLOYEES

 

Article 21. Standards and Qualifications for Vocational Teachers

1. Vocational teachers must meet the following standards:

a) Good moral character and ethics;

b) Achieve the qualification level as prescribed in Clause 2 of this Article;

c) Be in good health according to occupational requirements;

d) Have a clear personal record.

2. Qualification Level for Vocational Teachers

a) A theoretical vocational teacher at the primary level must have a diploma from a vocational college or higher; a practical vocational teacher must hold a diploma from a vocational college or higher or be a master craftsman or highly skilled person;

b) If a vocational teacher as specified in point a of this clause does not have a diploma from a technical pedagogical college or a technical pedagogical university, they must possess a vocational teaching certificate.

Article 22. Duties of Teachers Article 2. General provisions on economic and technical standards

1. Teach in accordance with the prescribed content, curriculum, and assigned plan.

2. Set a good example by fulfilling civic duties, complying with laws and regulations; adhere to the center's rules and internal regulations; participate in the center's common activities and those of the local community where the center is located.

3. Continuously study and enhance professional knowledge and skills; cultivate moral character; maintain the reputation and honor of educators.

4. Respect the dignity and treat learners fairly; protect their legitimate rights and interests.

5. Be subject to supervision by the center regarding the content, quality, and teaching methods.

6. Other tasks as prescribed by law.

Article 23. Rights of Teachers

1. Be assigned to teach in accordance with the trained specialty and assigned plan.

2. Choose teaching methods and tools to maximize personal capabilities, improve teaching quality and effectiveness.

3. Use textbooks, materials, and technical facilities of the center to fulfill teaching tasks.

4. Receive training and enhancement of professional knowledge and skills as prescribed by law. Participate in practical production experiences and access new technologies.

5. Be respected for honor and personality. Participate in discussions and provide opinions on vocational training policies, curricula, teaching methods, organizational management, and issues related to teachers' benefits.

6. Enter into contracts for guest lectures and scientific experiments at other vocational training centers and educational institutions, but must ensure completion of duties as stipulated in Article 22 of this Regulation.

7. Enjoy policies as prescribed in Articles 80, 81, and 82 of the Education Law.

8. Enjoy other rights as prescribed by law.

Article 24. Duties and Authorities of Staff and Employees

Staff and employees working in management and service roles in vocational training centers must strictly perform assigned duties and responsibilities; enjoy benefits as prescribed by law and in their labor contracts.

Article 25. Recruitment of Teachers and Staff

1. Teachers and staff involved in management and service work at public vocational training centers shall be recruited in accordance with laws on civil servants and labor.

2. Teachers and staff involved in management and service work at private vocational training centers shall be recruited in accordance with labor laws.

Chapter 6:

VOCATIONAL STUDENTS

 

Article 26. Vocational Students

Individuals who wish to enroll in vocational training programs at the primary level, supplementary vocational training, and vocational enhancement programs and meet the conditions stipulated by law may enter into vocational training contracts with the directors of vocational training centers.

Article 27. Duties of Vocational Students

1. Study and train according to the training program and plan of the center.

2. Respect teachers, staff, and employees; unite and help each other in studies; comply with the regulations and internal rules of the center and state laws.

3. Pay tuition fees as prescribed.

4. Participate in labor and social activities, environmental protection activities.

5. Protect and maintain the property of the center and production facilities where practical training takes place.

6. Adhere to regulations on occupational safety and health.

7. Fulfill the obligation to work for a specified period as prescribed by law.

8. Maintain civilized and healthy lifestyles; participate in building, protecting, and promoting the traditions of the center.

Article 28. Rights of Vocational Students

1. Study and train according to the vocational training objectives or the vocational training contract concluded with the center.

2. Have their study results preserved as prescribed by law.

3. Be respected and treated equally by the center, and be provided with full information about their study and training.

4. Receive a primary vocational certificate as prescribed.

5. Participate in group activities and social organizations within the center.

6. Use equipment and facilities of the center and production facilities for learning, practical training, and cultural, sports activities. Ensure conditions for occupational safety and health during learning, practical training, and internships as prescribed by law.

7. Directly or through legitimate representatives of vocational students, make suggestions to the center regarding measures to build the center and protect their legitimate rights and interests.

8. Enjoy policies for vocational students as prescribed by law.

Chapter 7:

ASSETS AND FINANCES

 

Article 29. Management and Use of Assets

1. Public vocational training centers manage and use assets in accordance with laws governing land, buildings, construction works, production and business service bases, equipment, and assets transferred by the State and those invested in, purchased, constructed, or received as gifts, donations, or aid to ensure the center's vocational training activities.

2. Private vocational training centers manage and use assets in accordance with laws governing state-owned land and assets transferred or leased by the State and other assets owned by investors to ensure the center's vocational training activities.

3. Each year, vocational training centers must conduct asset inventory and valuation and implement reporting procedures as prescribed by law.

Article 30. Financial Sources

1. Financial sources of public vocational training centers

a) State budget funds, including:

- Operating expenses;

- Funds for other tasks assigned by the State;

- Funds for implementing teacher training and staff development programs;

- Funds for implementing national target programs;

- Capital investment for basic construction, equipment procurement to serve vocational training activities according to approved projects and annual plans;

- Counterpart funds for implementing approved projects;

- Other funds.

b) Revenue from the center's public service activities, including:

- Tuition fees paid by students;

- Revenue from service activities and other public service activities;

- Dividends from joint venture and cooperative activities, bank deposits.

c) Aid and sponsorship funds.

d) Other sources.

2. Revenue sources of private vocational training centers

a) Tuition and registration fees as prescribed by the State;

b) Revenue from production and service activities as prescribed by law;

c) Dividends from joint venture and cooperative activities, bank deposits, bonds;

d) State budget funds (if applicable), including:

- Funds for implementing vocational training tasks ordered by the State;

- Funds for implementing national target programs;

- Funds for implementing teacher training and staff development programs;

- Sponsorship and interest rate support;

- Other funds.

e) Other sources: sponsorships, aid, gifts, donations from organizations and individuals both domestically and internationally.

 Article 31. Content of Expenditure

1. Regular expenditures, including:

a) Expenditure on vocational training activities according to assigned functions and tasks;

b) Expenditure on production and service activities of the center, including expenditure to fulfill tax obligations, depreciation of fixed assets, repayment of capital and loan interest as prescribed by law.

2. Irregular expenditures, including:

a) Expenditure on implementing target programs;

b) Expenditure on implementing vocational training tasks ordered by the State;

c) Expenditure on implementing teacher training and staff development programs;

d) Expenditure on counterpart funds for implementing projects with foreign capital as prescribed;

đ) Expenditure on implementing urgent tasks assigned by competent authorities;

e) Investment expenditure on building infrastructure, purchasing assets and equipment; expenditure on implementing other investment projects as prescribed by the State;

g) Expenditure on joint venture and cooperative activities;

h) Other expenditures as prescribed by law.

Article 32. Financial Management

1. Public vocational training centers shall manage finances in accordance with Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government on the rights of self-management and self-responsibility for task implementation, organizational structure, staffing, and finance for public service units, and other relevant laws.

2. Private vocational training centers shall manage finances in accordance with Decree No. 53/2006/NĐ-CP dated May 25, 2006 of the Government on policies encouraging the development of non-public service providers and other relevant laws.

 

 

 

Chapter 8:

RELATIONSHIP BETWEEN THE CENTER AND ENTERPRISES, HOUSEHOLDS, AND SOCIETY

 

Article 33. Relationship between the center and enterprises

The vocational training center has the responsibility to proactively coordinate closely with enterprises in vocational training activities, including:

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

2. Inviting representatives of related enterprises to participate in developing the center's vocational training programs and curricula; participating in teaching, guiding practical training, and evaluating student learning outcomes.

3. Coordinating with enterprises to organize visits and practical training for students at enterprises, linking study with actual production and service practices.

4. Cooperating with enterprises to provide vocational training and skill enhancement for enterprise workers when needed.

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

Article 34. Relations between the center and the families of apprentices

1. The center shall have the responsibility to publicly announce plans, quotas, admission standards for vocational training and policies, benefits for apprentices annually.

2. The center shall proactively coordinate with the families of apprentices to effectively carry out educational work aimed at developing the comprehensive personality of the apprentices.

Article 35. Relations between the center and society

1. The center shall implement linkages with production facilities, scientific research institutions, technical and technological facilities, and other training establishments to create favorable conditions for teachers and students to visit, intern, practice production, apply technology, thereby linking teaching and learning with practical production.

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

3. The center shall coordinate with cultural, artistic, and sports establishments to provide opportunities for apprentices to participate in cultural, artistic, and sports exchange activities.

4. The center shall coordinate with local authorities, political-social organizations, social organizations, and occupational associations to build a healthy educational environment.

Chapter 9:

INSPECTION, AUDIT, REWARD, AND VIOLATION HANDLING

 

Article 36. Inspection and Supervision

1. Vocational training centers shall organize self-inspection and supervision in accordance with the regulations of the Minister of Labor, Invalids and Social Affairs and other relevant laws.

2. Vocational training centers shall be subject to inspection and supervision by vocational training inspectors, state agencies with competent authority, and supervisory bodies (if any) in accordance with the law.

Article 37. Awards

Individuals and collectives of vocational training centers that comply well with this Regulation and make significant contributions to the vocational training cause shall be awarded according to the provisions of the law.

Article 38. Violation Handling

1. Individuals who violate the provisions of this Regulation shall be disciplined, administratively sanctioned, or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

2. Vocational training centers and units, organizations within the centers that violate the provisions of this Regulation shall be administratively sanctioned depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

3. The authority to handle individuals and collectives violating Clause 1 and Clause 2 of this Article shall be carried out in accordance with the law.