Circular No. 13/2014/TT-BGDĐT amending and supplementing certain articles of Circular No. 52/2011/TT-BGDĐT dated November 11, 2011, issued by the Minister of Education and Training, concerning conditions, documents, procedures for opening vocational training programs, suspending admissions, and revoking decisions to open intermediate vocational training programs.

CIRCULAR

Amending and supplementing some articles of Circular No. 52/2011/TT-BGDĐT dated November 11, 2011

of the Minister of Education and Training on conditions, dossier, procedures for opening training programs, suspending admissions, and revoking decisions to open training programs

at the intermediate vocational level

trình độ trung cấp chuyên nghiệp

____________________

Pursuant to the Education Law dated June 14, 2005 and the Law amending and supplementing certain articles of the Education Law dated November 25, 2009;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing some articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending point b Clause 1 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 amending and supplementing some articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

Pursuant to Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

Pursuant to Circular No. 54/2011/TT-BGDĐT dated November 15, 2011 of the Minister of Education and Training promulgating the Charter of Intermediate Vocational Schools;

At the request of the Director of the Department of Vocational Education,

The Minister of Education and Training issues this Circular amending and supplementing some articles of Circular No. 52/2011/TT-BGDĐT dated November 11, 2011 on conditions, dossier, procedures for opening training programs, suspending admissions, and revoking decisions to open training programs at the intermediate vocational level.

Article 1. Amending and supplementing some articles of Circular No. 52/2011/TT-BGDĐT dated November 11, 2011 on conditions, dossier, procedures for opening training programs, suspending admissions, and revoking decisions to open training programs at the intermediate vocational level, as follows:

1. Amending and supplementing Clause 3 of Article 2 as follows:

"3. The Minister of Education and Training decides to open training programs at the intermediate vocational level for educational institutions under the Ministry and those under political organizations, political-social organizations, political schools, military schools of provinces, and schools of state agencies."

2. Amending and supplementing Clause 2, Clause 4, Point a Clause 5, Clause 8, Clause 9 Article 3 as follows:

a) Amend and supplement Clause 2 of Article 3 as follows:

“2. The training program to be opened must be consistent with the functions, tasks, planning, and development strategy of the school, local human resource planning, and the industry.”

b) Amending and supplementing Clause 4 Article 3 as follows:

“4. There must be a teaching staff to implement the training program, specifically:

a) Teachers participating in teaching must meet the standards stipulated by the Education Law and the Charter of Intermediate Vocational Schools, have practical experience in their profession relevant to the requirements of the subjects or courses they will teach in the training program (for teachers teaching specialized courses).

b) There must be a permanent teaching staff responsible for teaching at least 70% of the workload of the training program corresponding to each knowledge and skill block of the program to be opened, including at least three teachers who have graduated from the same training program as the one being opened (for arts and sports-related fields, there must be at least two teachers who have graduated from the same training program as the one being opened).

In case the educational institution does not have teachers who have graduated from the same training program due to the absence of such a program at the intermediate vocational level, the institution must have at least three permanent teachers who have graduated from a bachelor's degree or higher in the same field and are suitable for the program being opened."

c) Amending and supplementing Point a Clause 5 Article 3 as follows:

“5.a) Classrooms must accommodate the scale of training, ensuring a floor area of no less than 2 square meters per student. Classrooms must ensure adequate lighting, ventilation, hygiene, fire safety, and basic equipment for teaching and learning.”

d) Amending and supplementing Clause 8 of Article 3 as follows:

“8. Within three consecutive years up to the date of submitting the application dossier to open a training program, the institution must not violate education regulations to the extent of being subject to administrative penalties under the Administrative Penalties Law in the field of education and other related laws.”

d) Amending and supplementing Clause 9 Article 3 as follows:

“9. For training programs that the competent authority in charge of the field has specified conditions for opening, the educational institution must meet these conditions for the program to be opened.”

3. Supplementing Clause 10 Article 3 as follows:

“10. For special training programs that cannot meet the conditions for opening according to the regulations, the competent authority deciding to open the program must submit a written request to the Ministry of Education and Training and only issue the decision after receiving written approval from the Ministry of Education and Training.”

4. Amending and supplementing Point b Clause 1 of Article 4 as follows:

“b) There must be at least five permanent teachers who have graduated from a bachelor's degree or higher in the same field as the program to be opened. For arts and sports-related fields, there must be at least three permanent teachers who have graduated from a bachelor's degree or higher in the same field as the program to be opened.

In case the educational institution does not have teachers meeting the above conditions due to the absence of such a program in the list of higher education programs, the institution must have at least five permanent teachers who have graduated from a bachelor's degree or higher in the same field group as the program to be opened and are suitable for the program, including at least one teacher with a master’s degree or higher (or a first-level specialist degree for the Health field).”

5. Amending and supplementing Point a Clause 2 Article 4 as follows:

“a) There must be at least five permanent teachers who have graduated from a bachelor's degree or higher in the same field as the program to be opened, including at least one teacher with a master’s degree or higher (or a first-level specialist degree for the Health field).

In case the program to be opened is not listed in the higher education program list, the educational institution must have at least five permanent teachers who have graduated from a bachelor's degree or higher in the same field group as the program to be opened and are suitable for the program, including at least one teacher with a master’s degree or higher (or a first-level specialist degree for the Health field).”

6. Supplementing Clause 3 Article 6 as follows:

“3. In case the program to be opened falls within the scope defined in Clause 10 Article 3 of this Circular, within no more than five working days from the date of receiving a valid dossier, the competent authority deciding to open the program must send a written request to the Ministry of Education and Training for resolution.”

The Ministry of Education and Training shall issue a response within no more than five working days from the date of receipt of the document.

Article 2. Repeal Point a Clause 1 Article 4.

Article 3. Implementation Provisions

This Circular takes effect from June 16, 2014.

The Head of the Office, the Director of the Department of Vocational Education, the Heads of relevant units under the Ministry of Education and Training, the Heads of Ministries and sectors with secondary vocational schools and other units providing secondary vocational training, the Directors of provincial education and training departments, the Principals of secondary vocational schools, and the Heads of other units providing secondary vocational training are responsible for implementing this Circular./.