Decree No. 139/2006/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Education Law and Labor Code concerning vocational training.

DECREE

Detailed regulations and guidance on implementation of certain provisions

on the Law on Education and the Labor Code regarding vocational training

________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Education dated June 14, 2005;

Pursuant to the Labor Code dated June 23, 1994, and the Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2002;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementing certain provisions of the Law on Education and the Labor Code concerning the objectives, curricula of vocational training; organization and activities of vocational training; enterprises with vocational training activities; enrollment and apprenticeship contracts; examinations, inspections, and authority to issue vocational certificates; policies for vocational training; responsibilities of state management agencies for vocational training.

Article 2. Levels of Vocational Training

The levels of vocational training include:

1. Primary vocational level;

2. Intermediate vocational level;

3. College vocational level.

Article 3. Socialization of Vocational Training

The State plays a leading role in developing vocational training; implements diversification of types of vocational training institutions and prioritizes investment in vocational training; encourages and creates conditions for organizations, businesses, individuals within and outside the country to invest resources and participate in developing vocational training.

Article 4. Continuity in Vocational Training and Continuity Between Different Levels of Vocational Training and Other Educational Levels in the National Education System

1. Continuity in vocational training and continuity between different levels of vocational training and other educational levels aims to create conditions for learners to utilize accumulated learning outcomes during their study or work when transferring to another field, trade, educational level, or form of study within the national education system.

2. Continuity shall be implemented based on the principle that learners shall not have to repeat knowledge and skills they have already accumulated through their studies or work.

3. The Minister of Labor, Invalids, and Social Affairs shall stipulate the implementation of continuity in vocational training.

4. The Minister of Education and Training shall take the lead and coordinate with the Minister of Labor, Invalids, and Social Affairs to stipulate the implementation of continuity between different levels of vocational training and other educational levels within the national education system.

5. Based on the framework curriculum and the regulations on continuity stipulated by the authorized person under Clause 3 and Clause 4 of this Article, the head of the vocational training institution, intermediate specialized school, higher education institution shall be responsible for building a curriculum and teaching materials ensuring continuity; recognizing the transfer of learning outcomes in specific cases.

Chapter II

OBJECTIVES AND CURRICULA OF VOCATIONAL TRAINING

Article 5. Objectives of Vocational Training

1. The objective of vocational training is to train technical manpower directly involved in production and services, possessing practical skills corresponding to the level of training, professional ethics, discipline awareness, industrial demeanor, health, thereby creating conditions for vocational learners to have job-seeking capabilities, self-employment opportunities, or further education at a higher level, meeting the requirements of the labor market.

2. Vocational training at each level must ensure the objectives stipulated in Clause 1 of this Article and the following specific objectives:

a) Primary-level vocational training aims to equip learners with practical skills for a simple trade or several tasks of a trade;

b) Intermediate-level vocational training aims to equip learners with knowledge and practical skills for tasks of a trade, capable of working independently and applying technology to tasks;

c) College-level vocational training aims to equip learners with knowledge and practical skills for tasks of a trade, capable of working independently and organizing group work; solving complex situations in practice; capable of applying technology to tasks.

Article 6. Vocational Training Program

1. The vocational training program reflects the vocational training objectives; sets standards for knowledge, skills, scope and structure of content, teaching methods and forms, and ways to evaluate training outcomes for each module, subject, and profession.

2. The primary level vocational training program is implemented within less than one year for individuals with a need for vocational training, having appropriate educational qualifications and health suitable for the profession they wish to learn.

3. The intermediate level vocational training program is implemented over three years for individuals holding a junior high school graduation certificate; from one to two years for those holding a high school graduation certificate.

4. The college-level vocational training program is implemented from two to three years for individuals holding a high school graduation certificate; from one and a half to two years for those holding an intermediate level graduation certificate.

5. The framework program stipulates the structure of content, quantity, and duration for each module and subject; the ratio of theoretical to practical time, ensuring the goals of each level for each profession and requirements for seamless progression as prescribed.

6. The Minister of Labor, Invalids, and Social Affairs shall take the lead and coordinate with other Ministers, Heads of Ministries equivalent to ministries, and Heads of government agencies involved to establish the framework program for each vocational training level based on the assessment results of the industry evaluation council.

Based on the established framework program and the training tasks of vocational training institutions, the heads of such institutions organize the development and issuance of primary, intermediate, and college-level vocational training programs based on the assessment results of the program evaluation council.

Chapter III

ORGANIZATION AND VOCATIONAL TRAINING ACTIVITIES

Article 7. Vocational Training Class

1. A vocational training class is organized when the following conditions are met:

a) There is a location for theoretical and practical teaching; equipment and materials for practical training suitable for the profession, scale, and level of vocational training;

b) There are sufficient teachers meeting the standard and qualification criteria as prescribed in Clause 2, Article 70 and Clause 1, Article 77 of the Education Law, suitable for the profession, scale, and level of vocational training;

c) There is a vocational training program and textbook as prescribed.

2. Enterprises, cooperatives, production, business, service establishments (hereinafter referred to collectively as enterprises), and other educational institutions may organize primary level vocational training classes; specialized secondary schools may organize primary and intermediate level vocational training classes; higher education institutions may organize primary, intermediate, and college-level vocational training classes when they meet the conditions specified in Clause 1 of this Article and register their vocational training activities as prescribed in Article 10 of this Decree.

3. The heads of the institutions specified in Clause 2 of this Article are responsible for organizing the operation of vocational training classes.

Article 8. Authority to Establish and Approve Establishment, Merger, Division, Split, Dissolution, and Suspension of Operations of Vocational Training Centers, Intermediate Vocational Schools, and College-Level Vocational Schools

1. The authority and conditions for establishing or approving the establishment of vocational training centers are carried out according to the organizational and operational regulations of vocational training centers issued by the Minister of Labor, Invalids, and Social Affairs.

2. The authority to establish public intermediate vocational schools and college-level vocational schools and the authority to approve the establishment of private intermediate vocational schools and college-level vocational schools are defined as follows:

a) The People's Committee Chairman of the province or centrally-administered city (hereinafter referred to as the provincial People's Committee) decides on the establishment of public intermediate vocational schools under the province; approves the establishment of private intermediate vocational schools in the locality;

b) The Minister, Head of a ministry equivalent to a ministry, or Head of a government agency decides on the establishment of intermediate vocational schools directly under them;

c) The Minister of Labor, Invalids, and Social Affairs decides on the establishment of public college-level vocational schools; approves the establishment of private college-level vocational schools.

3. Those with the authority to decide on establishment or approval of establishment also have the right to suspend operations, merge, divide, split, and dissolve vocational training centers, intermediate vocational schools, and college-level vocational schools.

4. The Minister of Labor, Invalids, and Social Affairs guides procedures for establishing, approving establishment, merging, dividing, splitting, dissolving, and suspending operations of vocational training centers, intermediate vocational schools, and college-level vocational schools.

Article 9. Rules for vocational training centers, Charter of intermediate vocational schools, and Charter of higher vocational colleges

1. The rules for vocational training centers include the following main contents: tasks and powers; organizational structure; financial management and property; duties and rights of teachers and trainees; organization of vocational training activities; relationship between the vocational training center and enterprises.

2. The main contents of the Charter of intermediate vocational schools and the Charter of higher vocational colleges are stipulated in Clause 2, Article 52 of the Education Law.

3. The rules for vocational training centers, the Charter of intermediate vocational schools, and the Charter of higher vocational colleges shall be issued by the Minister of Labor, Invalids, and Social Affairs.

4. Based on the provisions of Clause 3 of this Article, the director of the vocational training center shall establish the organizational and operational rules of the center, while the principal of the intermediate vocational school and the principal of the higher vocational college shall establish the organizational and operational rules of their respective schools and submit them to the competent authority for approval.

Article 10. Registration for Vocational Training Activities

1. The registration for vocational training activities shall be carried out according to the following regulations:

a) Enterprises, intermediate specialized schools, and other educational institutions organizing classes for primary vocational levels shall register their vocational training activities with the Department of Labor, Invalids, and Social Affairs at the provincial level.

b) Intermediate specialized schools and higher education institutions organizing classes for intermediate vocational levels shall register their vocational training activities with the Department of Labor, Invalids, and Social Affairs at the provincial level.

c) Higher education institutions organizing classes for advanced vocational levels shall register their vocational training activities with the Ministry of Labor, Invalids, and Social Affairs.

2. The registration dossier for vocational training activities includes:

a) Application for registration of vocational training activities;

b) Report on the current status of facilities, equipment, teachers, managers; curriculum and textbooks for the registered vocational training programs;

c) Internal regulations on the organization and operation of vocational training activities of the institution.

3. An enterprise recruiting people to study vocational skills to work at the enterprise according to the commitment period in the vocational training contract does not need to register for vocational training activities but must report the results of vocational training to the Department of Labor, Invalids, and Social Affairs at the provincial level.

4. The time limit for issuing the certificate of registration for vocational training activities is as follows:

a) Within seven (07) working days from the date of receiving complete and valid dossiers, the Director of the Department of Labor, Invalids, and Social Affairs shall issue the Certificate of Registration for Vocational Training Activities for cases specified in point a and b of Clause 1 of this Article;

b) Within ten (10) working days from the date of receiving complete and valid dossiers, the Minister of Labor, Invalids, and Social Affairs shall issue the Certificate of Registration for Vocational Training Activities for the case specified in point c of Clause 1 of this Article;

c) In cases where the certificate of registration for vocational training activities is not issued, a written response explaining the reasons must be provided; if the deadline has passed without receiving a response from the competent authority regarding the registration for vocational training activities, then the vocational training institutions may operate according to the submitted registration dossier.

5. The Minister of Labor, Invalids, and Social Affairs shall provide detailed guidance on the registration for vocational training activities.

Article 11. Vocational Training Institutions with Foreign Investment

1. Vocational training institutions with foreign investment include vocational training centers, intermediate vocational schools, and higher vocational colleges established through joint ventures or wholly foreign-owned by foreign organizations, individuals, or overseas Vietnamese, who build physical infrastructure and ensure funding for regular expenses.

2. Vocational training institutions with foreign investment shall enjoy protection of their rights and legitimate interests under Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

3. The establishment, merger, division, separation, and dissolution of vocational training institutions with foreign investment shall be carried out in accordance with the laws on investment and other relevant laws.

4. Vocational training institutions with foreign investment shall organize their vocational training activities in accordance with this Decree and other relevant laws.

Chapter IV

ENTERPRISES WITH VOCATIONAL TRAINING ACTIVITIES

Article 12. Enterprises with vocational training development

1. Provide information on the demand for vocational training and labor use of the enterprise to the Department of Labor - Invalids and Social Affairs of the locality.

2. Establish a vocational training institution or link with a vocational training institution through theoretical teaching at the training institution and practical training at the enterprise.

3. Participate in building occupational skill standards and assessing occupational skills.

4. Participate in funding and providing equipment for vocational training.

Article 13. Enterprises with vocational training institutions

1. Accept trainees to visit and intern at the enterprise through contracts with vocational training institutions.

2. Participate in teaching, guiding internships, and evaluating the learning outcomes of trainees.

3. Participate in developing vocational training programs and textbooks.

4. Sign vocational training contracts for enterprise employees with vocational training institutions when needed.

5. Coordinate with vocational training institutions to organize research, production, application, and technology transfer.

Article 14. Enterprises with vocational training, skill enhancement, and retraining for workers

1. Develop and implement vocational training plans and skill enhancement programs for workers in the enterprise to meet labor needs and technical and technological innovation requirements in production.

2. Enter into vocational training contracts with trainees recruited by the enterprise for vocational training.

3. Create conditions for workers to work while studying to enhance their occupational skills.

4. Organize retraining before transferring workers to other occupations within the enterprise.

5. Pay wages to trainees who directly produce or participate in producing products for the enterprise. The wage rate is agreed upon by both parties.

Chapter V

ENROLLMENT IN VOCATIONAL TRAINING, VOCATIONAL TRAINING CONTRACTS; TESTING, EXAMINATION AND AUTHORITY TO ISSUE CERTIFICATES AND TRADE LICENSES

ENROLLMENT IN VOCATIONAL TRAINING, VOCATIONAL TRAINING CONTRACTS

Section 1

ENROLLMENT IN VOCATIONAL TRAINING, VOCATIONAL TRAINING CONTRACTS

 Article 15. Enrollment in vocational training

1. Enrollment in basic vocational training is conducted through a selection process.

2. Enrollment in intermediate vocational training is conducted through a selection process.

3. Enrollment in higher vocational training is conducted through a selection process, examination, or a combination of examination and selection.

4. Cases eligible for direct admission to higher vocational training include:

a) Persons holding a good or better grade secondary vocational school diploma applying to study the same trade.

b) Persons holding a secondary vocational school diploma applying to study the same trade if they have at least two years of work experience in the trade being trained.

c) Persons who have won first, second, or third place in national or international vocational student competitions, provided they hold a high school diploma or a secondary vocational school diploma and apply to study the same trade they won in.

5. Enrollment in vocational training can be conducted once or multiple times a year based on the training capacity of the vocational training institution, the duration of the course, and the needs of the trainees and enterprises.

Article 16. Vocational Training Contracts

1. A vocational training contract is an agreement regarding rights and obligations between the head of the vocational training institution and the trainee.

2. In the following cases, a vocational training contract must be concluded in writing:

a) Basic level vocational training;

b) Vocational training at a vocational training institution with foreign investment;

c) An enterprise recruiting individuals for vocational training with the intention of employing them afterward.

3. In the following cases, a contract may be concluded orally or in writing:

a) Apprenticeship;

b) On-the-job training at an enterprise.

4. A vocational training contract is concluded directly between the head of the vocational training institution and the trainee. If concluded in writing, the vocational training contract shall be made in duplicate, each copy having equal legal force, with each party retaining one copy.

Article 17. Contents of the Vocational Training Contract

1. The vocational training contract must include the following main contents:

a) Name of the trade to be learned and skills to be acquired;

b) Place of study and internship location;

c) Time to complete the course;

d) Tuition fee amount and payment method;

đ) Compensation liability of each party for breach of contract;

In addition to the above main contents, the two parties may agree on other contents suitable to actual conditions but must not contravene laws and social morals.

2. In cases where enterprises recruit individuals for vocational training with the intention of employing them afterward, the vocational training contract, in addition to the contents stipulated in Clause 1 of this Article, shall also include the following contents:

a) Commitment of the trainee regarding the duration of employment with the enterprise;

b) Commitment of the enterprise to sign a labor contract after completion of training;

c) Payment of wages directly to the trainee or participation in production during the training period.

3. For vocational training contracts under the apprenticeship model at enterprises, in addition to the contents stipulated in Clause 1 of this Article, there must be an agreement on the time when wages will start being paid and the wage levels for the trainee during different periods.

Article 18. Termination of the Vocational Training Contract

1. If the trainee unilaterally terminates the vocational training contract, they will not be refunded tuition fees. However, if the trainee cannot continue training due to military service obligations, genuine family difficulties confirmed by the People's Committee of the commune where they reside, illness, accidents rendering them unable to continue training, confirmed by a competent medical facility, then they will be refunded the remaining tuition fees and their academic results will be preserved.

2. If the vocational training institution unilaterally terminates the vocational training contract, it must notify the trainee at least three working days in advance and refund all collected tuition fees, except in cases of unilateral termination due to force majeure events as defined by civil law.

3. During the contract period, if the trainee becomes pregnant and a competent medical facility confirms that continuing the vocational training contract would adversely affect the fetus, the trainee may terminate the contract and be refunded the remaining tuition fees and have their academic results preserved.

4. In cases where enterprises recruit individuals for vocational training with the intention of employing them afterward, if the trainee does not work according to the commitment, they must compensate for the training costs. The compensation amount is agreed upon and specified in the vocational training contract.

Training costs include reasonable expenses for trainers, textbooks, practical materials, depreciation costs of workshops, machinery, equipment, and other expenses incurred for the trainee.

Section 2

EXAMINATION, INSPECTION AND ISSUANCE OF TRADE CERTIFICATES

Article 19. Examination and Inspection

1. Examinations and inspections during the vocational training process include periodic inspections; module or subject final examinations; graduation examinations or course final inspections.

2. National and international vocational student excellence competitions.

3. The Minister of Labor, Invalids and Social Affairs shall issue examination and inspection regulations; national vocational student excellence competition regulations and guidelines for implementing international vocational student excellence competitions.

Article 20. Authority to issue certificates and diplomas for vocational training

1. Vocational certificates shall be issued by the director of vocational training centers; the principals of intermediate vocational schools; the principals of advanced vocational schools; the heads of enterprises and other educational institutions that have registered to provide basic vocational training.

2. Intermediate vocational school graduation diplomas shall be issued by the principals of intermediate vocational schools, the principals of advanced vocational schools; the principals of intermediate specialized schools, the principals of colleges, and the principals of universities that have registered to provide intermediate vocational training.

3. Advanced vocational school graduation diplomas shall be issued by the principals of advanced vocational schools; the principals of colleges, and the principals of universities that have registered to provide advanced vocational training.

Chapter VI

POLICIES FOR VOCATIONAL TRAINING

Article 21. Planning for vocational training

1. Based on the demand for quantity, occupational structure, and human resource structure, ministries, sectors, provincial People's Committees shall be responsible for developing and implementing five-year and annual plans for vocational training within their authority.

2. The transformation of vocational training centers, intermediate vocational schools, and advanced vocational schools into specialized intermediate schools or higher education institutions must be agreed upon in writing by the Minister of Labor, Invalids, and Social Affairs.

Article 22. Policies for vocational training institutions

1. The State shall prioritize financial investment and land allocation for the construction of vocational training institutions.

2. The State encourages and creates conditions for organizations and individuals to build vocational training institutions and sponsor vocational training.

3. Vocational training institutions for war invalids, disabled veterans, disabled persons, persons with disabilities, ethnic minorities, unemployed persons shall be eligible for tax reduction or exemption.

4. Revenue from intermediate vocational schools and advanced vocational schools from research, application, technology transfer, production, business, and service activities as stipulated in Article 59 of the Education Law, after deducting reasonable expenses, may be used to enhance material facilities and activities of the institution.

Article 23. Policies for enterprises providing vocational training

Costs for vocational training and skill enhancement for workers employed by enterprises shall be included in production and business costs. Investment, sponsorship, and other reasonable expenses of enterprises for vocational training shall be deductible when calculating taxable income according to corporate income tax laws.

Article 24. Policies for vocational learners

1. Vocational learners shall be granted scholarships, allowances, and exemptions or reductions in tuition fees as provided for in Article 33 of Decree No. 75/2006/NĐ-CP dated August 2, 2006, detailing and guiding the implementation of certain provisions of the Education Law.

2. Groups eligible for vocational training support:

a) Ethnic minority people;

b) Veterans and demobilized military personnel and police;

c) Individuals studying occupations with low enrollment as specified by the Ministry of Labor, Invalids, and Social Affairs;

d) Disabled persons;

đ) Rural laborers in areas undergoing land use conversion from agricultural purposes;

e) Unemployed persons;

g) Persons subject to administrative penalties involving placement in medical treatment facilities;

h) Persons subject to administrative penalties involving placement in correctional schools.

3. The Prime Minister shall specify the support system for vocational training for the groups mentioned in Clause 2 of this Article.

Article 25. Policy towards vocational teachers

1. Vocational teachers at public vocational training institutions shall enjoy salaries and allowances according to the regulations of the Government on salary systems for officials, civil servants, public employees, and armed forces personnel.

Vocational teachers at private vocational training institutions shall enjoy salaries and allowances as prescribed by labor laws and stipulated in their employment contracts.

2. The State shall have policies to encourage and create conditions for teachers to self-study and improve their qualifications to meet standards and enhance their professional expertise; encourage artisans and highly skilled individuals to participate in vocational teaching.

3. Vocational teachers working at vocational training institutions located in areas with particularly difficult socio-economic conditions shall be provided living accommodation conditions by People's Committees at all levels.

4. Vocational teachers who meet the criteria prescribed by law shall be conferred titles of Outstanding Teacher and People's Teacher by the State.

Chapter VII

RESPONSIBILITIES OF THE SUPERVISORY AUTHORITY STATE POLICIES ON VOCATIONAL TRAINING

Article 26. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

1. To take the lead and coordinate with relevant ministries, sectors, and localities in building, submitting to the Government for approval, overall strategies, plans, policies, and mechanisms for vocational training development and implementation.

2. To build and submit to the Government for issuance, or issue within its authority, legal normative documents on vocational training and implement them.

3. To develop plans and manage resources for vocational training development.

4. To promulgate lists of vocational training programs; organize and manage quality assurance and quality assessment of vocational training.

5. To conduct statistics, information dissemination; research and apply science and technology in organizing and managing vocational training.

6. To implement international cooperation in vocational training.

7. To inspect and supervise compliance with vocational training laws; handle complaints and accusations and deal with violations of vocational training laws within its jurisdiction.

Article 27. Responsibilities of Relevant Ministries and Sectors

1. To coordinate with the Ministry of Labor, Invalids, and Social Affairs to ensure unified state management of vocational training.

2. To build and implement vocational training planning, programs, and projects.

3. To guide and direct the unified management of vocational training objectives, programs, contents, and plans; build vocational training programs, compile and review textbooks; set teacher and management staff standards; issue vocational certificates and other regulations for vocational training institutions under their management according to the guidelines of the Minister of Labor, Invalids, and Social Affairs.

4. To report regularly on vocational training to the Ministry of Labor, Invalids, and Social Affairs.

5. To implement international cooperation in vocational training within its authority.

6. To inspect and supervise compliance with vocational training laws and handle complaints and accusations within its jurisdiction.

Article 28. Responsibilities of People's Committees at All Levels

1. Provincial People's Committees shall be responsible for:

a) To submit to the Provincial People's Council for decision-making on planning, plans, tasks, measures, and budget estimates for vocational training development;

b) To build and implement planning, plans, and projects on vocational training;

c) To guide and direct the unified management of vocational training objectives, programs, contents, and plans; build vocational training programs, compile and review textbooks; set teacher and management staff standards; issue vocational certificates and other regulations for vocational training institutions under their management according to the guidelines of the Minister of Labor, Invalids, and Social Affairs;

d) To coordinate with ministries and sectors in implementing state management over vocational training for vocational training institutions under the management of ministries and sectors located within the province;

đ) To report regularly on vocational training to the Ministry of Labor, Invalids, and Social Affairs and the Provincial People's Council;

e) To implement international cooperation in vocational training according to the delegation of authority by the Government;

g) To inspect and supervise compliance with vocational training laws; handle complaints and accusations and deal with violations of vocational training laws within its jurisdiction.

2. The county People's Committee shall be responsible for:

a) To build and implement vocational training plans consistent with economic and social development programs;

b) To organize inspections of vocational training activities and handle complaints and accusations as prescribed by law;

c) To report regularly on vocational training to the provincial People's Committee and the provincial People's Council.

3. The Labor, Invalids, and Social Affairs Office shall assist the People's Committee at the same level in implementing state management over vocational training within its authority.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. This Decree replaces Decree No. 02/2001/NĐ-CP dated January 9, 2001 of the Government detailing the implementation of the Labor Code and the Education Law on vocational training. Previous provisions contrary to this Decree are hereby abolished.

Article 30. Responsibility for Implementation

1. The Minister of Labor - Invalids and Social Affairs shall guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, and directly governed cities' People's Committees and related agencies are responsible for enforcing this Decree./.