Decree No. 15/2019/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Vocational Education

DECREE

Detailed provisions on certain articles and implementation measures
of the Law on Vocational Education

_________________

Pursuant to the Law on the Organization of the Government dated June 19, 2015;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Law on Investment dated November 26, 2014; the Law amending and supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Conditions for Investment;

Pursuant to the Law on Enterprises dated November 26, 2014;

On the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates this Decree providing detailed provisions on certain articles and implementation measures of the Law on Vocational Education.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed provisions on certain articles and implementation measures of the Law on Vocational Education, including:

a) State management authority and content regarding vocational education;

b) Permission to establish, divide, split, merge, dissolve, and change the name of vocational education institutions with foreign investment; permission to establish and terminate operations of branch schools of secondary vocational schools and colleges with foreign investment;

c) Conditions, authority, and procedures for issuing certificates of registration for joint training activities with foreign countries;

d) Conditions for establishing and terminating operations of representative offices of foreign vocational education organizations and institutions in Vietnam;

đ) Conditions, authority, and procedures for establishing and recognizing private vocational education institutions and vocational education institutions with foreign investment operating non-profit;

e) Rights and responsibilities of enterprises in vocational education activities.

2. For other forms of international cooperation prescribed in Article 47 of the Law on Vocational Education, they shall be implemented in accordance with Vietnamese laws, foreign laws, or agreements and international treaties to which Vietnam is a party.

3. Vocational education institutions with foreign investment shall implement registration for vocational education activities in accordance with the provisions of Government Decree No. 143/2016/NĐ-CP dated October 14, 2016, on conditions for investment and operation in the field of vocational education and related amendments.

4. This Decree does not apply to:

a) State management over secondary teacher training schools and college teacher training schools;

b) Permission to establish, divide, split, merge, dissolve, and change the name of secondary teacher training schools and college teacher training schools with foreign investment; permission to establish and terminate operations of branch schools of secondary teacher training schools and college teacher training schools with foreign investment;

c) Issuance of certificates of registration for joint training activities with foreign countries for groups of teacher training programs under the management authority of the Ministry of Education and Training.

1. Vocational education centers, secondary vocational schools, and colleges (hereinafter referred to as vocational education institutions).

2. Higher education institutions that have registered for vocational education at the college level and enterprises that have registered for vocational education at the basic level (hereinafter referred to as entities engaged in vocational education activities).

3. Ministries, agencies equivalent to ministries, government agencies; political-social organizations; People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees); People's Committees of districts, towns, and cities directly under provinces (hereinafter referred to as district-level People's Committees); People's Committees of communes, wards, and towns (hereinafter referred to as commune-level People's Committees).

4. Agencies, organizations, enterprises, and individuals from Vietnam and abroad related to the contents stipulated in Clauses 1, 2, and 3 of Article 1 of this Decree.

Chapter II

STATE MANAGEMENT AUTHORITY AND CONTENT ON VOCATIONAL EDUCATION

Article 3. State Management Authority for Vocational Education

1. The Ministry of Labor, Invalids and Social Affairs shall be responsible before the Government for implementing state management over vocational education.

2. People's Committees at all levels within their respective duties and authorities shall implement state management over vocational education within their jurisdictions.

Article 4. Competence and Content of State Management for Vocational Education by the Ministry of Labor, Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs shall have the responsibility to carry out state management over vocational education in accordance with the Law on Vocational Education, this Decree, relevant legal normative documents, and perform the following tasks:

1. Establishing and promulgating lists of heavy, hazardous, and dangerous trades; lists of trades that are difficult to recruit students but are in social demand. Issuing economic-technical norms, minimum knowledge volumes, and requirements for capabilities that graduates must achieve after graduation for each trade at the intermediate and higher vocational levels for national key trades; heavy, hazardous, and dangerous trades, difficult-to-recruit-students trades but in social demand; trades ordered by state management agencies for training assignments, and specialized trades to meet socio-economic development, defense, and security needs.

2. Managing the National Qualification Framework for vocational education levels. Leading and coordinating the implementation of referencing vocational education levels in the National Qualification Framework of Vietnam with the ASEAN Qualifications Reference Framework and vocational education levels in other national qualification frameworks.

3. Specifying a minimum system of training forms; graduation certificates, certification models, and regulations on managing vocational training certificates at various levels; building and managing an online database system for issuing vocational education certificates and certifications.

4. Specifying continuous training; learning trades, upgrading skills training; training, enhancing, and updating knowledge and skills, improving vocational competence for workers; vocational training for rural laborers. Building and submitting to competent authorities for issuance of regulations on sending Vietnamese students abroad for vocational training and receiving foreign students for vocational training at Vietnamese vocational education institutions.

5. Specifying standards for heads of vocational education institutions; professional qualifications and working conditions for vocational education teachers; criteria for leadership positions in vocational education institutions; evaluation criteria for heads of vocational education institutions; training programs and professional development for vocational education teachers and educational managers; models and regulations on issuing and managing professional training and development certificates for vocational education teachers and managers. Guiding plans for developing vocational education teacher and manager teams. Organizing examinations for promotion of vocational career titles for education staff and awarding honors to vocational education teachers according to the law.

6. Issuing student and trainee work regulations; specifying physical education, sports, physical education, school health, cultural, artistic activities, environmental protection, and crime prevention and social evil activities in vocational education institutions; specifying the integration of supplementary knowledge and skill education for students in vocational education institutions. Guiding material facilities serving national defense and security education, physical education, and sports activities in vocational education institutions; issuing regulations on managing and issuing national defense and security education certificates for students in vocational education institutions. Guiding scholarship policies, career counseling, employment guidance, and support for student entrepreneurship.

7. Building and submitting to competent authorities for issuance of regulations on conditions, procedures, authority for issuing, reissuing, revoking certificates of eligibility for quality education inspection activities; suspending inspection activities; responsibilities and powers of inspection organizations; criteria, standards, inspection procedures, cycles; issuing and revoking certificates of compliance with inspection standards; standards, tasks, and powers of inspectors; evaluating, managing, and issuing and revoking inspector cards; organizing training and professional development for inspectors; regulations on establishing quality assurance systems for vocational education institutions; establishing mechanisms for ensuring vocational education quality and building and operating a national vocational quality assurance framework. Building and managing a national online database system and ensuring quality and inspecting vocational education quality.

8. Coordinating with related ministries and sectors to guide the organization of training, certification issuance, and recognition of equivalent information technology application certificates in the field of vocational education.

9. Organizing information dissemination, propaganda, popularization, and legal education on vocational education. Implementing statistical work, information provision, and building databases on vocational education. Organizing research, popularization, and application of science, technology, production, business, and services in vocational education.

10. Guiding and supervising the activities of associations, non-governmental organizations in the field of vocational education according to the law.

11. Managing and organizing international cooperation in vocational education according to the law.

12. Guiding the organization of lectures and competitions at various levels; organizing national-level lectures and competitions and participating in regional and world skill competitions.

13. Inspecting and supervising the implementation of laws on vocational education; handling complaints, denunciations, and dealing with violations of laws on vocational education according to the law.

14. Perform other tasks and powers as prescribed by law.

Article 5. Competence and Content of State Management over Vocational Education by Ministries, Agencies at the Ministerial Level, and Government Agencies

Ministries, agencies at the ministerial level, and government agencies shall be responsible for coordinating with the Ministry of Labor, Invalids, and Social Affairs to implement state management over vocational education in accordance with the Law on Vocational Education, this Decree, other regulatory legal documents, and perform the following tasks:

1. Coordinate with the Ministry of Labor, Invalids, and Social Affairs to determine the list of majors and trades for higher college and intermediate college levels; organize the establishment of economic-technical norms, minimum training equipment lists, and material facilities meeting the requirements of each training level for specialized majors and trades.

2. Take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide the implementation of professional content in training programs and staff development, and organize training and staff development for teachers and managers in specialized majors and trades under the management of the ministry or sector as prescribed.

Article 6. Competence and Content of State Management over Vocational Education by Provincial People's Committees

Provincial People's Committees shall be accountable to the Government for the development of vocational education and perform state management functions over vocational education within their province in accordance with the Law on Vocational Education, this Decree, other regulatory legal documents, and perform the following tasks:

1. Develop plans for the development of vocational education in the locality, submit them to the Provincial People's Council for approval, and organize their implementation after approval; ensure conditions regarding budget, teaching staff, management personnel, civil servants, workers, material facilities, and training equipment for public vocational education institutions directly under their jurisdiction.

2. Direct the organization of high-quality training in various majors and trades. Organize the establishment and approval of economic-technical norms; cost norms for initial-level training and training lasting less than three months for majors and trades ordered by the locality or assigned training tasks. Order and assign training tasks to vocational education institutions within the locality.

3. Manage or delegate management authority over colleges and intermediate schools directly under their jurisdiction, and manage by territoriality over vocational education institutions directly under ministries, agencies at the ministerial level, government agencies, political-social organizations, private vocational education institutions, and those with foreign investment within the locality.

4. Manage and inspect the implementation of professional standards for teachers and leadership positions in vocational education; guide and direct the planning, training, and utilization of teaching staff and management personnel in vocational education as prescribed.

5. Guide and direct public vocational education institutions within their management scope to establish job positions and staff structures according to occupational titles; inspect the implementation of self-management mechanisms, financial responsibility, organizational structure, and personnel for directly subordinate vocational education institutions in accordance with the law.

6. Implement policies to support vocational training and promote socialization of vocational education services within the locality.

7. Direct the implementation of cooperation between enterprises and vocational education institutions within the locality; develop policies to encourage enterprises to order training from vocational education institutions.

8. Organize statistical work and information dissemination about the organization and activities of vocational education and international cooperation in vocational education in accordance with the law.

9. Submit to the Provincial People's Council for decision-making on the budget estimate, allocation, and settlement of vocational education funds in accordance with current regulations.

10. Inspect and supervise the implementation of laws on vocational education within the locality within their authority; resolve complaints and handle violations in the field of vocational education in accordance with the law.

11. Direct the Department of Labor, Invalids, and Social Affairs to assist the Provincial People's Committee in performing state management functions over vocational education within the locality.

12. Perform other duties and powers as prescribed by law.

Article 7. The State Management Authority and Content on Vocational Education of the People's Committee at the District Level

The People's Committee at the district level shall implement state management over vocational education within its assigned functions, tasks, and authorities, and shall be responsible to the People's Committee at the provincial level for the development of vocational education in the district in accordance with this Decree.

Article 8. The State Management Authority and Content on Vocational Education of the People's Committee at the Commune Level

The People's Committee at the commune level shall implement state management over vocational education within its assigned functions, tasks, and authorities, and shall be responsible to the superior People's Committee for the development of vocational education in the commune in accordance with this Decree.

Chapter III

CONDITIONS, AUTHORITY, PROCEDURES FOR PERMITTING THE ESTABLISHMENT, DIVISION, SEPARATION, MERGER, DISSOLUTION, AND NAME CHANGE OF VOCATIONAL EDUCATION INSTITUTIONS WITH FOREIGN INVESTMENT CAPITAL; PERMITTING THE ESTABLISHMENT AND TERMINATION OF OPERATIONS OF BRANCHES OF COLLEGES AND VOCATIONAL COLLEGES WITH FOREIGN INVESTMENT CAPITAL

Section 1

CONDITIONS, AUTHORITY, PROCEDURES FOR PERMITTING THE ESTABLISHMENT OF VOCATIONAL EDUCATION INSTITUTIONS AND BRANCHES OF COLLEGES AND VOCATIONAL COLLEGES WITH FOREIGN INVESTMENT CAPITAL

Article 9. Conditions for Permitting the Establishment of Vocational Education Institutions with Foreign Investment Capital

1. There must be a proposal for establishment that is consistent with the planning of the network of vocational education institutions in Vietnam.

2. A certificate of investment registration must have been issued (for cases where foreign investors must follow the procedures for issuing a certificate of investment registration as stipulated by investment laws).

4. The establishment capital must be from legitimate sources, excluding the value of land, specifically as follows:

a) For vocational training centers, a minimum of five billion (5,000,000,000) Vietnamese dong;

b) For vocational colleges, a minimum of fifty billion (50,000,000,000) Vietnamese dong;

c) For higher vocational colleges, a minimum of one hundred billion (100,000,000,000) Vietnamese dong.

5. Training Programs:

a) The proposed training programs must meet the requirements set forth in Clause 1, Article 34 of the Law on Vocational Education; they must not contain content harmful to national defense, national security, public interest; they must not propagate religion or distort history; they must not negatively impact Vietnamese culture, ethics, and customs;

b) Vocational education institutions with foreign investment capital may organize teaching of Vietnamese training programs; foreign training programs within the framework of joint training programs with foreign countries as prescribed;

c) Compulsory subjects for Vietnamese students studying foreign training programs in vocational colleges and higher vocational colleges with foreign investment capital shall be implemented in accordance with regulations of the Ministry of Labor, Invalids, and Social Affairs.

Article 10. Conditions for establishing vocational education institutions with foreign investment for persons with disabilities

In cases where vocational education institutions with foreign investment for persons with disabilities are established, it must ensure the conditions stipulated in Article 9 of this Decree and the conditions stipulated in Clause 3, Article 18 of the Vocational Education Law.

1. There must be a proposal to establish a branch office, clearly stating the necessity of establishment; name, scope of operation; plan for construction, development, and corresponding training programs, levels, and scales for each stage of development of the branch office, along with supporting evidence.

2. There must be a contract or agreement on leasing appropriate and stable facilities for at least five years.

3. The level of investment must be at least 25% of the levels specified in Points a, b, and c of Clause 4, Article 9 of this Decree.

Article 12. Documents for requesting permission to establish vocational education institutions with foreign investment and branch offices of secondary vocational schools and colleges with foreign investment

a) A request for permission to establish according to Model 1A attached to this Decree;

b) A copy of the investment registration certificate (for cases where foreign investors must complete the procedures for obtaining an Investment Registration Certificate in accordance with investment laws);

c) A proposal to establish according to Model 1B attached to this Decree;

đ) Financial capability certificates meeting the requirements stipulated in Clause 4, Article 9 of this Decree.

2. In cases involving two or more foreign organizations or individuals contributing capital or joint ventures between domestic and foreign investors, in addition to the documents prescribed in Clause 1 of this Article, the documents need to include:

a) Copies of ownership certificates for assets accompanied by valuation reports on assets contributed as capital by foreign organizations or individuals or joint venture parties proposing to establish vocational education institutions with foreign investment;

b) Minutes appointing representatives to sign for establishing vocational education institutions with foreign investment by foreign organizations or joint venture parties;

c) Lists, forms, and minutes of contributions of joint venture members committing to contribute capital for establishment.

3. The documents for requesting permission to establish branch offices of secondary vocational schools and colleges with foreign investment consist of one set, including:

a) A request for permission to establish according to Model 1A issued together with this Decree;

b) A proposal to establish according to Model 1B issued together with this Decree;

Article 13. Competence to decide on permission for establishing vocational education institutions with foreign investment capital, branch schools of secondary vocational colleges and higher vocational colleges with foreign investment capital

Clause 1. The Minister of Labor, Invalids and Social Affairs decides on permission to establish higher vocational colleges and branches of higher vocational colleges with foreign investment capital.

Clause 2. The Chairman of the People's Committee of the province decides on permission to establish vocational training centers, secondary vocational colleges, and branches of secondary vocational colleges with foreign investment capital.

Article 14. Procedures for granting permission to establish vocational education institutions with foreign investment capital

Clause 1. Procedure

Point a) Organizations and individuals proposing permission to establish vocational education institutions with foreign investment capital shall prepare the dossier in accordance with Clause 1 and Clause 2 of Article 12 of this Decree and submit it directly or through the online public service portal or by post to the General Department of Vocational Education for the dossier requesting permission to establish higher vocational colleges; the Department of Labor, Invalids and Social Affairs for the dossier requesting permission to establish vocational training centers and secondary vocational colleges;

Point b) The General Department of Vocational Education, the Department of Labor, Invalids and Social Affairs shall receive and conduct preliminary review of the dossier requesting permission to establish vocational education institutions with foreign investment capital. In case the dossier is not valid, within five working days from the date of receipt of the dossier, the agency receiving the dossier shall issue a written response to the organization or individual proposing permission to establish vocational education institutions with foreign investment capital and clearly state the reasons;

Point c) Within three working days from the date of receipt of a complete and valid dossier, the General Department of Vocational Education, the Department of Labor, Invalids and Social Affairs shall send the dossier requesting permission to establish vocational education institutions with foreign investment capital to the Appraisal Council for appraisal;

Point đ) Within ten working days from the date of receipt of the completed dossier for permission to establish according to the conclusion of the Appraisal Council, the agency receiving the dossier shall submit it to the competent authority as prescribed in Article 13 of this Decree to decide on granting permission to establish vocational education institutions with foreign investment capital in Form 1C attached to this Decree.

Clause 2. Time limit for sending the decision granting permission to establish

Point a) Within two working days from the date of issuance of the decision granting permission to establish higher vocational colleges with foreign investment capital, the General Department of Vocational Education shall send the decision to the People's Committee of the province where the higher vocational college with foreign investment capital is located for monitoring and management and announce on its own electronic information website the decision granting permission to establish higher vocational colleges with foreign investment capital;

Point b) Within two working days from the date of issuance of the decision granting permission to establish vocational training centers and secondary vocational colleges with foreign investment capital in the locality, the People's Committee of the province shall be responsible for sending the decision to the General Department of Vocational Education for monitoring and management and announce on its own electronic information website the decision granting permission to establish vocational training centers and secondary vocational colleges with foreign investment capital.

Clause 1. Procedure

a) Vocational secondary schools and colleges with foreign investment that propose to establish branch offices shall prepare documents in accordance with Clause 3, Article 12 of this Decree and directly submit or send through the online public service portal or by post to the General Department of Vocational Education for applications to establish branch offices of colleges; the Department of Labor, Invalids and Social Affairs for applications to establish branch offices of vocational secondary schools;

b) Within ten working days from the date of receiving complete and valid documents, the agency receiving the documents shall submit to the authorized person specified in Article 13 of this Decree for a decision on granting permission to establish branch offices of vocational secondary schools and colleges with foreign investment according to Form 1C attached to this Decree. In case the documents are not valid, within three working days from the date of receipt of the documents, the agency receiving the documents shall issue a written response to the vocational secondary school or college and clearly state the reasons.

2. Time limit for sending decisions granting permission to establish branch offices

a) Within two working days from the date of issuing the decision granting permission to establish a branch office of a college with foreign investment, the General Department of Vocational Education shall send the decision to the provincial People's Committee where the headquarters and branch office of the college with foreign investment are located for monitoring and management, and announce the decision granting permission to establish a branch office of a college with foreign investment on its website;

b) Within two working days from the date of issuing the decision granting permission to establish a branch office of a vocational secondary school with foreign investment, the provincial People's Committee shall be responsible for sending the decision to the General Department of Vocational Education for monitoring and management, and announce the decision granting permission to establish a branch office of a vocational secondary school with foreign investment on its website.

Article 16. Procedures for registering activities and duration of operation

1. The procedures and documents for registering vocational education activities of vocational education institutions with foreign investment shall be carried out in accordance with Section 1 and Section 2 of Chapter III of Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government stipulating conditions for investment and operations in the field of vocational education.

2. The duration of operation of vocational education institutions with foreign investment shall not exceed fifty years, calculated from the date of the decision granting permission to establish.

3. In cases where it is necessary, vocational education institutions with foreign investment may have a longer period of operation than the prescribed term under Clause 1 of this Article, they must report to the Prime Minister for a decision.

Section 2

DOCUMENTS AND PROCEDURES FOR DIVIDING, SEPARATING, MERGING, DISSOLVING, AND RENAMING VOCATIONAL EDUCATION INSTITUTIONS WITH FOREIGN INVESTMENT; TERMINATING OPERATIONS OF BRANCH OFFICES OF VOCATIONAL SECONDARY SCHOOLS AND COLLEGES WITH FOREIGN INVESTMENT

Article 17. Dividing, separating, merging vocational education institutions with foreign investment

1. Principles for dividing, separating, and merging vocational education institutions with foreign investment:

a) Consistent with the planning of the network of vocational education institutions already approved by competent state management agencies;

b) Ensuring the rights of students, teachers, lecturers, managers, staff, and workers;

c) New vocational education institutions formed after the process of division, separation, or merger must fully meet the conditions stipulated in Article 9 of this Decree.

a) A document from the organization or individual owner proposing to divide, separate, or merge vocational education institutions with foreign investment, specifying the reasons and purposes of the division, separation, or merger of the vocational education institution; the main office, branch offices, and training locations of the vocational education institution after the merger; and the new main office of the vocational education institution after the division or separation;

b) Minutes of meetings of capital contributors or joint venture parties regarding the division, separation, or merger of vocational education institutions with foreign investment;

c) One of the following types of documents:

A merger agreement signed by the legal representatives of the vocational education institutions involved. The merger agreement must include the main contents: the name and address of the main office of the vocational education institution accepting the merger; the name and address of the main office of the vocational education institution being merged; procedures and conditions for the merger; plans for students, teachers, managers, staff, and workers; time limits, procedures, and conditions for transferring assets and converting the share capital of the vocational education institution being merged into the share capital of the vocational education institution accepting the merger, and the time limit for implementing the merger.

A proposal for dividing or separating vocational education institutions with foreign investment that has been approved by the owner of the vocational education institution. The proposal for dividing or separating vocational education institutions must comply with current laws and include the following contents: the name and location of the vocational education institution being divided or separated; the name and location of the vocational education institution after the division or separation; principles and procedures for dividing or separating assets; plans for students, teachers, managers, staff, and workers; time limits and procedures for converting the share capital of the vocational education institution being divided or separated into the share capital of the newly established vocational education institution; principles for resolving obligations of the vocational education institution being divided or separated; the time limit for implementing the division or separation of the vocational education institution. The proposal for dividing or separating must be sent to all creditors (if any) and notified to students, teachers, managers, staff, and workers within thirty days from the date of approving the proposal.

The person authorized to permit the establishment of vocational education institutions with foreign investment capital under Article 13 of this Decree has the right to decide on permitting the division, separation, or merger of vocational education institutions with foreign investment capital.

4. Procedures for dividing, separating, or merging vocational education institutions with foreign investment capital

a) Procedure

Organizations and individuals proposing to divide, separate, or merge vocational education institutions with foreign investment capital shall prepare the dossier in accordance with Clause 2 of this Article and submit it directly or through the online public service portal or by post to the General Department of Vocational Education for colleges; the Department of Labor, Invalids, and Social Affairs for vocational training centers and secondary vocational schools;

Within ten working days from the date of receiving a complete and valid dossier, the General Department of Vocational Education shall seek opinions from the People's Committee of the province where the main office of the college with foreign investment capital is located when merging or dividing or separating; the General Department of Vocational Education and the Department of Labor, Invalids, and Social Affairs shall review the dossier and submit it to the person authorized under Article 13 of this Decree to decide on dividing, separating, or merging vocational education institutions with foreign investment capital according to Model 2A attached to this Decree;

In case the proposed dossier is not valid, within three working days from the date of receipt of the dossier, the agency receiving the dossier shall issue a written response to the organization or individual proposing to divide, separate, or merge vocational education institutions with foreign investment capital and clearly state the reasons.

b) Time limit for sending the decision to permit dividing, separating, or merging vocational education institutions with foreign investment capital

Within two working days from the date of issuing the decision to permit dividing, separating, or merging a college with foreign investment capital, the General Department of Vocational Education shall send the decision to the People's Committee of the province where the main office of the college was located before and after the division, separation, or merger for monitoring and management and announce the decision to permit dividing, separating, or merging a college with foreign investment capital on its electronic information website;

Within two working days from the date of issuing the decision to permit dividing, separating, or merging a vocational training center or secondary vocational school with foreign investment capital in the locality, the People's Committee of the province shall be responsible for sending the decision to the General Department of Vocational Education for monitoring and management and announce the decision to permit dividing, separating, or merging a vocational training center or secondary vocational school with foreign investment capital on its electronic information website.

Article 18. Dissolution of vocational education institutions with foreign investment capital

1. A vocational education institution with foreign investment capital shall be dissolved in cases prescribed in Clause 1 of Article 21 of the Law on Vocational Education and may be permitted to dissolve in cases prescribed in Clause 2 of Article 21 of the Law on Vocational Education.

2. The dissolution dossier of a vocational education institution with foreign investment capital as prescribed in Clause 1 of Article 21 of the Law on Vocational Education shall consist of one set, including:

a) A document requesting dissolution issued by the competent authority, clearly stating the reason for dissolution;

b) Inspection and audit conclusions regarding the acts prescribed in Point a, Clause 1 of Article 21 of the Law on Vocational Education;

c) Decision suspending educational activities issued by the competent authority regarding the acts prescribed in Point b, Clause 1 of Article 21 of the Law on Vocational Education;

d) Inspection record of the authority issuing the registration certificate for vocational education activities regarding the cases prescribed in Points c and d, Clause 1 of Article 21 of the Law on Vocational Education.

a) A request document from the organization or individual owning the vocational education institution with foreign investment capital, clearly stating the reason for dissolution;

b) A dissolution plan, clearly stating the plan for resolving assets, rights of students, teachers, managers, staff, and workers, and fulfilling financial obligations as prescribed by law.

4. Authority to permit dissolution

The person authorized to permit the establishment of vocational education institutions with foreign investment capital under Article 13 of this Decree has the authority to permit the dissolution of vocational education institutions with foreign investment capital.

5. Procedures for permitting dissolution

A vocational education institution with foreign investment capital shall prepare the dissolution dossier in accordance with Clause 3 of this Article and submit it directly or through the online public service portal or by post to the General Department of Vocational Education for colleges; the Department of Labor, Invalids, and Social Affairs for vocational training centers and secondary vocational schools;

Within twenty working days from the date of receiving a complete and valid dossier, the agency receiving the dossier shall be responsible for reviewing the dissolution dossier, submitting it to the person authorized under Clause 4 of this Article for consideration and decision to permit dissolution. In the decision to permit the dissolution of a vocational education institution with foreign investment capital, the reason for dissolution, measures to ensure the rights of students, teachers, managers, staff, and workers; plans for resolving assets and fulfilling financial obligations as prescribed by law must be clearly stated;

In case a vocational education institution with foreign investment capital violates one of the cases prescribed in Clause 1 of Article 21 of the Law on Vocational Education, the General Department of Vocational Education or the Department of Labor, Invalids, and Social Affairs shall prepare the dissolution dossier in accordance with Clause 2 of this Article and submit it to the person authorized under Clause 4 of this Article for consideration and decision to dissolve the vocational education institution with foreign investment capital according to Model 2B attached to this Decree;

In case the dissolution dossier is not valid, within three working days from the date of receipt of the dossier, the agency receiving the dossier shall issue a written response to the organization or individual proposing to dissolve the vocational education institution with foreign investment capital and clearly state the reasons.

b) Time limit for sending the decision to permit dissolution

Within two working days from the date of the decision allowing the dissolution of a vocational college with foreign investment capital, the General Department of Vocational Education shall be responsible for sending the decision to the People's Committee of the province where the vocational college with foreign investment capital is located for monitoring and management, and announcing on its own electronic information website the decision allowing the dissolution of the vocational college with foreign investment capital;

Within two working days from the date of the decision allowing the dissolution of a vocational secondary school, a vocational training center with foreign investment capital, the People's Committee of the province shall be responsible for sending the decision to the General Department of Vocational Education for monitoring and management, and announcing on its own electronic information website the decision allowing the dissolution of the vocational secondary school, vocational training center with foreign investment capital;

Article 19. Termination of the operation of branch offices of vocational secondary schools and vocational colleges with foreign investment capital

The termination of the operation of branch offices of vocational secondary schools and vocational colleges with foreign investment capital shall be implemented according to the provisions on the dissolution of vocational education and training institutions with foreign investment capital stipulated in Article 18 of this Decree.

1. A vocational education and training institution may be considered for a name change when the organization, individual owner, or legal representative of the founding contributors submit a request for a name change directly or through the online public service gateway or postal service to the General Department of Vocational Education for vocational colleges; the Department of Labor, Invalids, and Social Affairs for vocational training centers and vocational secondary schools, specifying the reasons for the name change and the name of the vocational education and training institution after the change.

2. Within five working days from the date of receipt of the application, the authority responsible for establishing vocational education and training institutions with foreign investment capital shall decide to allow the name change of the vocational education and training institution with foreign investment capital.

3. After changing its name, a vocational education and training institution with foreign investment capital may continue to organize training in fields and occupations that have been granted permission to operate vocational education and training activities by the competent authority.

CONDITIONS, AUTHORITY, AND PROCEDURES FOR ISSUING THE LICENSE FOR ACTIVITIES OF COLLABORATIVE TRAINING WITH FOREIGN COUNTRIES

1. Collaborative implementation of full programs of training in Vietnam:

a) According to a program jointly developed by both parties and awarded certificates and diplomas by Vietnam;

b) According to a transferred program from abroad recognized and awarded certificates and diplomas by Vietnam by an international educational and training organization;

c) According to a program from abroad or a program jointly developed by both parties recognized and awarded certificates and diplomas by an international educational and training organization and by a foreign country;

d) According to a transferred program from abroad recognized and awarded certificates and diplomas by an international educational and training organization and by both Vietnam and a foreign country.

2. Collaborative implementation of partial programs of training in Vietnam and abroad:

a) According to a program from abroad recognized and awarded certificates and diplomas by Vietnam by an international educational and training organization;

b) According to a program from abroad recognized and awarded certificates and diplomas by a foreign country by an international educational and training organization;

c) According to a program from abroad or a program jointly developed by both parties recognized and awarded certificates and diplomas by Vietnam and a foreign country by an international educational and training organization.

1. Fields of Study and Levels of Education

Vocational education institutions and vocational training organizations implementing collaborative training programs with foreign educational and training institutions according to the forms of collaborative training specified in Article 21 of this Decree shall be allowed to conduct collaborative training in fields of study and levels of education in vocational education, except those in political, national defense, security, religious areas, and must ensure that there is no content harmful to national defense and security, public interests; no propagation of religion, distortion of history; no negative impact on Vietnamese culture, ethics, and customs.

2. Admissions Criteria for Collaborative Training Programs

a) In cases where Vietnamese diplomas/certificates are issued, the admissions criteria shall be implemented in accordance with Vietnamese laws;

b) In cases where foreign diplomas/certificates are issued, the admissions criteria shall be implemented in accordance with foreign laws;

c) In cases where both foreign and Vietnamese diplomas/certificates are issued, the admissions criteria shall be implemented in accordance with points a and b of Clause 2 of this Article.

3. Physical Facilities and Training Equipment

a) There must be classrooms, laboratories, workshops, and practice facilities meeting standards and requirements for teaching, learning, and research according to the training program and scale of each field of study and profession. The theoretical classroom area, workshop, and practice facility area used for learning and teaching must ensure an average minimum of 05 m²/per student;²/study place;

b) Training equipment for each field of study and profession in collaborative training must meet the requirements stipulated in the training program and correspond to the scale of training for each field of study and profession.

4. Training Programs, Textbooks, and Learning Materials

Vocational education institutions and vocational training organizations implementing collaborative training must ensure the availability of complete training programs, textbooks, and learning materials serving the learning needs of students according to the requirements of each collaborative training program.

5. Teaching Staff and Management Personnel Adequate in Number and Suitable in Structure According to Prescribed Standards, Specifically:

a) Teachers teaching in collaborative training programs specified in points a and b of Clause 1 and point a of Clause 2 of Article 21 of this Decree must have reached the standard level of education as prescribed in Article 54 of the Vocational Education Law or be master craftsmen or highly skilled workers;

b) Teachers teaching in collaborative training programs specified in point c of Clause 1 and point b of Clause 2 of this Decree must meet the standards prescribed in the collaborative training programs or the standards of the country whose training institution collaborates with Vietnamese vocational education institutions;

c) Teachers teaching in collaborative training programs specified in point d of Clause 1 and point c of Clause 2 of this Decree must meet the standards prescribed in points a and b of Clause 5 of this Article;

d) Teachers teaching in foreign language courses in collaborative training programs must have a language proficiency level that meets the requirements agreed upon by the collaborating parties. Foreign teachers teaching foreign languages at vocational education institutions must hold a bachelor's degree or higher and possess a relevant foreign language teaching certificate;

đ) Foreign teachers teaching in collaborative training programs must meet the conditions stipulated by Vietnamese laws regarding foreign labor working in Vietnam;

e) The maximum ratio is 25 students/staff member.

6. Language of Instruction and Study

a) The language used for specialized subject instruction and study in collaborative training programs issuing Vietnamese or foreign diplomas/certificates is Vietnamese, a foreign language, or through interpretation;

b) Students entering collaborative training programs issuing foreign diplomas must have a language proficiency level meeting the requirements of the collaborating parties, but must minimally reach the B1 level of the Vietnamese National Foreign Language Proficiency Framework or equivalent;

c) Based on the needs of students, the collaborating parties may organize language training and enhancement courses to help students achieve the language proficiency level required under point b of Clause 6 of this Article.

The documents for registration of joint vocational training activities consist of one set, including:

1. A registration document for joint vocational training activities signed by all parties involved according to Model 3A attached to this Decree.

2. A report on the current status of conditions ensuring joint vocational training activities prepared by all parties involved according to Model 3B attached to this Decree.

3. Copies of certificates proving that the Vietnamese vocational education institution and the foreign vocational education institution are permitted to train in the intended joint field.

4. Copies of quality certification certificates for foreign training programs, foreign vocational education institutions, or certificates recognizing quality from competent authorities.

1. The Director of the General Department of Vocational Education shall issue certificates of registration for joint vocational training activities for colleges and higher education institutions.

2. The Director of the Department of Labor, Invalids, and Social Affairs at the location where the vocational education institution organizes joint training shall issue certificates of registration for joint vocational training activities for secondary vocational schools, vocational education centers, and enterprises.

Clause 1. Procedure

a) The vocational education institution or the joint vocational training activity institution shall prepare the documents in accordance with Article 23 of this Decree and submit them directly, through the online public service portal, or via postal service to the General Department of Vocational Education for college joint training registration documents; to the Department of Labor, Invalids, and Social Affairs for secondary vocational school and vocational education center joint training registration documents.

b) Within fifteen working days from the date of receiving complete valid documents, the agency receiving the documents shall take the lead in coordinating with relevant agencies and units to conduct on-site verification of the ability to meet the conditions stipulated in Article 20 of this Decree. Based on the results of the on-site verification, the authorized person specified in Article 24 of this Decree shall decide to issue the certificate of registration for joint vocational training activities according to Model 3C attached to this Decree.

In case the documents for registration of joint vocational training activities are not valid, within three working days from the date of receipt of the documents, the agency receiving the documents shall provide a written response stating the reasons.

2. Time limit for sending certificates of registration for joint vocational training activities:

a) Within two working days from the date of issuing the certificate of registration for joint vocational training activities for colleges and higher education institutions, the General Department of Vocational Education shall send a copy of the certificate of registration for joint vocational training activities to the People's Committee of the province for monitoring and management, and announce it on its own electronic information website regarding the issuance of the certificate of registration for joint vocational training activities.

b) Within two working days from the date of issuing the certificate of registration for joint vocational training activities for secondary vocational schools, vocational education centers, and enterprises, the Department of Labor, Invalids, and Social Affairs shall send a copy of the certificate of registration for joint vocational training activities to the General Department of Vocational Education for monitoring and management, and announce it on its own electronic information website regarding the issuance of the certificate of registration for joint vocational training activities.

a) At the time of enrollment, they do not meet the conditions for ensuring joint training activities as prescribed in Article 22 of this Decree;

b) Engaging in fraudulent behavior to obtain certification for joint training activities;

c) Conducting enrollment before obtaining certification for joint training activities;

đ) Other cases as prescribed by law.

a) At the request of the parties involved in the joint training activities;

b) After the suspension period for joint training activities has expired but the causes leading to the suspension have not been resolved;

c) Engaging in acts that violate the law with serious consequences;

d) Not implementing joint training activities for a period of 24 months or more from the date of receiving certification for joint training activities;

đ) Other cases as prescribed by law.

a) The Director of the General Department of Vocational Education has the authority to suspend joint training activities of colleges and higher education institutions;

b) The Director of the Department of Labor, Invalids and Social Affairs has the authority to suspend joint training activities of secondary vocational schools, vocational education centers, and enterprises.

4. Procedures for Suspending Joint Training Activities

The person authorized to suspend joint training activities as stipulated in Clause 3 of this Article shall carry out the suspension procedures as follows:

a) Organize inspections and evaluations to determine the extent of violations and the reasons for suspending joint training activities;

b) Within ten working days from the date of receiving inspection and evaluation results on the extent of violations and reasons for suspension, the authorized person as stipulated in Clause 3 of this Article shall issue a decision to suspend joint training activities according to Model 4A attached to this Decree, notify relevant agencies to cooperate in implementation, and publicly announce it on the agency's website. The suspension decision must clearly specify the reasons, content, duration of suspension, and measures to ensure the legitimate rights and interests of students, teachers, managers, staff, and workers;

a) Before the expiration of the suspension period for joint training activities, representatives of the parties involved in joint training activities must submit a written request to resume joint training activities directly, through the online public service portal, or via postal service to the person authorized to suspend joint training activities as stipulated in Clause 3 of this Article;

b) Within fifteen working days from the date of receiving complete valid documents, the agency receiving the documents shall take the lead and coordinate with related agencies and units to conduct a practical review of the ability to meet the conditions for joint training as prescribed in Article 22 of this Decree;

c) Based on the results of the practical review, the authorized person as stipulated in Clause 3 of this Article shall decide to terminate the suspension of joint training activities and allow the resumption of joint training activities.

a) Sixty days before terminating joint training activities, the parties involved must submit a report on the termination of joint training activities to the General Department of Vocational Education for colleges and higher education institutions; and to the Department of Labor, Invalids and Social Affairs at the location of the main office for vocational education centers, secondary vocational schools, and enterprises for monitoring and management;

b) The report on the termination of joint training activities must clearly state the reasons, content of termination, plans for resolving the legitimate rights and interests of students, teachers, managers, staff, and workers; payment of tax debts and other debts (if any).

Chapter V

Article 27. Conditions, Authority for Establishing and Terminating Operations of Foreign Vocational Education Organization Representative Offices in Vietnam

Article 28. Legal Status of Representative Office

The representative office of foreign vocational education organizations in Vietnam (hereinafter referred to as the representative office) has the function of representing the foreign organization or educational institution to perform tasks and powers as prescribed in Clause 2 of Article 49 of the Law on Vocational Education.

Article 29. Name of Representative Office

The name of the representative office consists of elements arranged in the following order: "Representative Office", "Name of Foreign Vocational Education Organization", and "in Vietnam".

Article 30. Conditions for Issuing License to Operate Representative Office

A foreign vocational education organization shall be granted a license to establish a representative office in Vietnam when it meets all conditions stipulated in Clause 3 of Article 49 of the Law on Vocational Education.

Article 31. Term of License for Operating Representative Office

The license for operating the representative office of a foreign vocational education organization in Vietnam shall have a term not exceeding five years from the date of the decision allowing establishment. In case of extension, the term shall not exceed three years; reissue shall not exceed the term of the previously issued license.

Article 32. Authority to Issue License for Establishing Representative Office

The Minister of Labor, Invalids, and Social Affairs shall issue the license for establishing the representative office of a foreign vocational education organization in Vietnam.

Article 33. Procedures for Issuing License to Establish Representative Office

1. The application dossier for issuing a license to establish a representative office consists of one set, including:

a) A document from the foreign vocational education organization requesting permission to establish a representative office in Vietnam, stating the reasons and necessity for establishing a representative office in Vietnam; a summary of the formation and development process of the foreign vocational education organization; the proposed personnel to hold the position of head of the representative office in Vietnam according to Model 5A attached to this Decree;

b) A document proving the legal status of the foreign vocational education organization;

c) A copy of the Charter of the foreign vocational education organization;

d) A draft Regulation on the organizational structure and operation of the representative office in Vietnam;

đ) Personal history of the person proposed to hold the position of head of the representative office in Vietnam, confirmed by the head of the foreign organization or educational institution abroad or by a competent authority in Vietnam;

e) Documents confirming issuance by foreign authorities must be legalized consularly in accordance with the law on legalization of consular documents.

2. Procedures for Issuing License to Establish Representative Office

a) Procedure:

A foreign vocational education organization applying for a license to establish a representative office in Vietnam shall prepare the dossier in accordance with Clause 1 of this Article and submit it directly or through the online public service portal or by post to the General Department of Vocational Education.

Within twenty working days from the date of receipt of a complete and valid dossier, the receiving agency shall organize verification, seek opinions from relevant agencies (if necessary), and submit to the authorized person specified in Article 31 of this Decree for a decision to issue a license to establish the representative office of the foreign vocational education organization in Vietnam according to Model 5B attached to this Decree. In case the application dossier for issuing a license to establish a representative office is invalid, within three working days from the date of receipt of the dossier, the receiving agency must issue a written response specifying the reasons.

b) Time limit for sending the license to establish a representative office:

Within two working days from the date of issuance of the license to establish a representative office for a foreign vocational education organization in Vietnam, the General Department of Vocational Education shall send a copy of the license to establish to the People's Committee of the province where the representative office is located for monitoring, management, and public announcement on its website regarding the license to establish a representative office.

Article 33. Amending, Supplementing, Extending and Reissuing the License for Establishment

1. Foreign vocational education organizations and institutions must register to amend, supplement, extend the license for establishing their representative offices in Vietnam when they fall under any of the following circumstances:

a) Changing the name or location of the headquarters of the foreign vocational education organization or institution within the country where it was established;

b) Changing the name or location of the representative office in Vietnam;

c) Expiring the duration of operation specified in the license for establishing the representative office in Vietnam.

2. Foreign vocational education organizations and institutions must apply for reissuance of the license for establishing a representative office when they fall under any of the following circumstances:

a) Changing the functions or scope of activities of the foreign vocational education organization or institution;

b) Moving the headquarters of the foreign vocational education organization or institution from one country to another;

c) Losing or damaging the license for establishing the representative office.

3. Within ten working days from the date of change or loss or damage of the license for establishing the representative office, or thirty days before the expiration of the validity period of the license for establishing the representative office, foreign vocational education organizations and institutions must submit the application dossier for amending, supplementing, extending, or reissuing the license for establishing the representative office in Vietnam to the General Department of Vocational Education and Training.

4. The authority issuing the license for establishing the representative office has the right to issue the amended, supplemented, extended, or reissued license for establishing the representative office of foreign vocational education organizations and institutions in Vietnam.

a) A request document from the foreign vocational education organization or institution containing the main contents: Name and address of the representative office; content of changes and supplements; reasons for amending, supplementing, extending, or requesting reissuance of the license for establishing the representative office;

b) The license for establishing the representative office (except in cases of loss).

a) Procedure:

Foreign vocational education organizations and institutions applying to amend, supplement, extend, or reissue the license for establishing the representative office shall prepare the dossier in accordance with Clause 5 of this Article and submit it directly or through the online public service portal or postal service to the General Department of Vocational Education and Training;

Within twenty working days from the date of receipt of complete and valid dossiers, the agency receiving the dossier shall organize verification and submit to the authorized person to decide on amending, supplementing, extending, or reissuing the license for establishing the representative office of foreign vocational education organizations and institutions in Vietnam according to Model 5C attached to this Decree. In case the dossier is not valid, within five working days from the date of receipt of the dossier, the agency receiving the dossier must issue a written response stating the reasons.

b) Within two working days from the date of issuance of the decision to amend, supplement, extend, or reissue the license for establishing the representative office for foreign vocational education organizations and institutions in Vietnam, the General Department of Vocational Education and Training sends a copy of the decision to amend, supplement, extend, or reissue the license for establishing the representative office to the People's Committee of the province where the representative office is located for monitoring, management, and public announcement on its electronic information website regarding the license for establishing the representative office.

Article 34. Termination of operations and revocation of establishment license

1. The representative office of foreign vocational education organizations and institutions in Vietnam shall terminate its operations according to the cases stipulated in Clause 5, Article 49 of the Vocational Education Law.

2. The authority issuing the establishment license for the representative office of foreign vocational education organizations and institutions in Vietnam, as provided for in Article 31 of this Decree, has the authority to decide on termination of operations and revocation of the establishment license for the representative office.

3. The General Department of Vocational Education shall be responsible for notifying the provincial People's Committee where the representative office is located of the reasons for revoking the establishment license or terminating the operations of the representative office of foreign vocational education organizations and institutions in Vietnam before the representative office terminates its operations.

4. Within sixty working days from the date of notification of termination of operations, the representative office must complete all procedures related to employees; debts, salaries, social insurance; fulfill other financial obligations (if any); return the establishment license, surrender the seal, and submit a written report to the General Department of Vocational Education.

Article 35. Notification of Representative Office Activities

Within twenty working days from the date of receipt of the establishment license, the representative office of foreign vocational education organizations and institutions in Vietnam must publish in three consecutive issues of newspapers, including at least one central newspaper and one local newspaper, the following main contents: the name of the representative office in Vietnamese and a commonly used foreign language (if applicable); the establishment license of the representative office (number, date, and issuing authority); the full name of the Head of the representative office; location of headquarters, logo, telephone, fax, website, and email (if applicable); bank account number; certificate of registration for operation (number, date, and issuing authority).

Article 36. Rights and Obligations of Representative Offices

1. During its operation in Vietnam, the representative office shall have the following rights:

a) To be protected by the Government of the Socialist Republic of Vietnam for legitimate rights and interests in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

b) To lease premises, rent or purchase necessary equipment and supplies for the representative office's activities; to recruit Vietnamese and foreign workers to work at the representative office in accordance with Vietnamese laws;

c) To open an account in accordance with Vietnamese laws and to use this account solely for the representative office's activities;

d) To have a seal bearing the name of the representative office in accordance with Vietnamese laws;

đ) Other rights as prescribed by law.

2. During its operation in Vietnam, the representative office shall have the following obligations:

a) To carry out activities consistent with its functions and responsibilities; objectives, scope of activities, duration, and location specified in the establishment license of the representative office of foreign vocational education organizations and institutions in Vietnam; to be responsible for all activities of the representative office in Vietnam;

b) To report annually online and in writing on the results of the representative office's activities to the General Department of Vocational Education and the Department of Labor, Invalids, and Social Affairs where the representative office is located, by December 15 each year;

c) To provide reports, documents, or explanations on matters related to requests from Vietnamese authorities with jurisdiction;

d) The head of the representative office in Vietnam shall perform tasks according to the authorization of the foreign vocational education organization or institution within the scope and duration of such authorization;

đ) Foreign staff of the representative office shall be responsible for complying with the purpose of entering Vietnam; strictly adhering to Vietnamese laws and respecting Vietnamese customs and traditions. Any violation of Vietnamese laws by representative office staff will be handled in accordance with Vietnamese laws.

e) Other obligations as prescribed by law.

Chapter VI

CONDITIONS, AUTHORITY, PROCEDURES FOR ESTABLISHING AND RECOGNIZING PRIVATE VOCATIONAL EDUCATION INSTITUTIONS AND FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS OPERATING NON-PROFIT

Article 37. Conditions for determining, bases for evaluating private vocational education institutions and foreign-invested vocational education institutions operating non-profit

1. Conditions for determining private vocational education institutions and foreign-invested vocational education institutions operating non-profit:

a) The difference between income and expenditure from vocational training activities and scientific research of the vocational education institution each year shall be a consolidated common asset not to be divided, used for developing physical facilities; developing the teaching staff and management personnel; scientific research activities; granting scholarships to students and using for other purposes serving community interests;

b) Commitment to operate non-profit with the Ministry of Labor, Invalids and Social Affairs if it is a college; commitment to operate non-profit with the People's Committee of the province where the secondary vocational school or vocational education center is headquartered if it is a secondary vocational school or vocational education center. The commitment shall be publicly announced for society to know and supervise;

c) Organizations and individuals who are owners of investment capital shall not receive profits, or receive profits but not exceeding the government bond interest rate specified during the same period.

2. Basis for evaluating whether private vocational education institutions and foreign-invested vocational education institutions fulfill their non-profit commitments is the annual financial report and periodic audit report.

Article 38. Encouragement policies for private vocational education institutions and foreign-invested vocational education institutions operating non-profit

1. Private vocational education institutions and foreign-invested vocational education institutions operating non-profit shall enjoy policies as stipulated in points a, b, c, d and g Clause 1 Article 26 of the Vocational Education Law and the following policies:

a) Priority in leasing land and physical facilities;

b) Priority in accepting investment projects and orders to carry out vocational training tasks, scientific research and technology transfer;

c) Technical support for receiving ethnic minority boarding high school graduates to learn trades and developing training programs for industries and occupations meeting the learning needs of workers going abroad.

2. In case private vocational education institutions and foreign-invested vocational education institutions have committed to operate non-profit but fail to implement or implement incorrectly as prescribed in Clause 1 Article 37 of this Decree, they shall be handled as follows:

a) Revocation of establishment decision and recognition of non-profit operation;

b) Deprivation of the right to benefit from preferential policies for private vocational education institutions and foreign-invested vocational education institutions operating non-profit;

c) Must refund state financial assistance including credit incentives, technical assistance program benefits, domestic and foreign projects;

d) Subject to back taxes and penalties for tax law violations as prescribed.

Article 39. Competence to Decide on the Establishment and Recognition of Private Vocational Education Institutions and Non-Profit Foreign-Invested Vocational Education Institutions

1. The Minister of Labor, Invalids, and Social Affairs decides on the establishment and recognition of private colleges and non-profit foreign-invested colleges.

2. The Chairman of the People's Committee of the province decides on the establishment and recognition of private intermediate vocational schools and centers, and non-profit foreign-invested intermediate vocational schools and centers.

Article 40. Documents for Requesting Permission to Establish and Recognize Private Vocational Education Institutions and Non-Profit Foreign-Invested Vocational Education Institutions

1. The documents for requesting permission to establish private non-profit vocational education institutions shall be implemented according to the provisions of Article 6 of Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government on conditions for investment and operation in the field of vocational education, or Article 12 of this Decree for foreign-invested vocational education institutions, and shall supplement the following documents:

a) A commitment letter from organizations and individuals who are owners of the invested capital, committing to the use of the financial surplus between income and expenditure of the private vocational education institution or the non-profit foreign-invested vocational education institution as stipulated in Clause 1, Article 37 of this Decree;

b) Minutes of the meeting of the organization or individual owners or those contributing capital to establish the private vocational education institution or the non-profit foreign-invested vocational education institution. These minutes must be agreed upon by representatives of at least 75% of the total contributed capital of the members;

c) Draft Regulations on the organizational structure and operation of the private vocational education institution or the non-profit foreign-invested vocational education institution;

d) Draft Internal Financial Regulations of the private vocational education institution or the non-profit foreign-invested vocational education institution.

2. The documents for requesting recognition of private vocational education institutions and non-profit foreign-invested vocational education institutions transitioning to non-profit operations consist of one set, including:

b) A commitment letter from organizations and individuals who are owners of the invested capital, committing to the use of the financial surplus between income and expenditure of the private vocational education institution or the non-profit foreign-invested vocational education institution as stipulated in Clause 1, Article 37 of this Decree;

c) Minutes of the meeting of the organization or individual owners or those contributing capital to establish the private vocational education institution or the non-profit foreign-invested vocational education institution transitioning to non-profit operations. These minutes must be agreed upon by representatives of at least 75% of the total contributed capital of the members;

đ) Financial reports for the three most recent years and periodic audit reports of the private vocational education institution or the non-profit foreign-invested vocational education institution.

Article 41. Procedures for establishing and recognizing vocational education institutions, non-profit foreign-invested vocational education institutions

1. The procedures for establishing new private vocational education institutions operating on a non-profit basis shall be implemented in accordance with the provisions of Article 8 of Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government stipulating conditions for investment and operation in the field of vocational education.

2. The procedures for establishing new foreign-invested vocational education institutions operating on a non-profit basis shall be implemented in accordance with the provisions of Article 14 of this Decree.

3. Procedures for recognizing private vocational education institutions and foreign-invested vocational education institutions that have converted to operate on a non-profit basis.

a) Procedure:

Private vocational education institutions and foreign-invested vocational education institutions converting to operate on a non-profit basis shall prepare documents in accordance with Clause 2 of Article 40 of this Decree and submit them directly or through the online public service portal or by post to the General Department of Vocational Education for private colleges and foreign-invested colleges; the Department of Labor, Invalids and Social Affairs for private intermediate-level schools and private vocational training centers; intermediate-level schools and vocational training centers with foreign investment.

Within twenty working days from the date of receipt of complete and valid documents, the agency receiving the documents shall take the lead in organizing the review, soliciting opinions from relevant agencies, and submitting to the authority with competence as prescribed in Article 39 of this Decree for a decision to recognize private vocational education institutions and foreign-invested vocational education institutions operating on a non-profit basis.

In cases where the documents are not valid or do not meet the requirements according to the opinions of relevant agencies, within three working days from the date of receipt of such opinions, the agency receiving the documents shall issue a written request for amendments or additional explanations regarding the contents of the documents.

b) Time limit for sending the establishment and recognition decisions for private vocational education institutions and foreign-invested vocational education institutions operating on a non-profit basis.

Within two working days from the date of issuance of the decision to establish and recognize private colleges and foreign-invested colleges operating on a non-profit basis, the General Department of Vocational Education shall send the decision to the People's Committee of the province where the main office of the private college or foreign-invested college is located for monitoring and management, and announce the decision on its own electronic information website regarding the establishment and recognition of private vocational education institutions and foreign-invested vocational education institutions operating on a non-profit basis.

Within two working days from the date of issuance of the decision to establish and recognize private intermediate-level schools, private vocational training centers, intermediate-level schools with foreign investment, and vocational training centers with foreign investment operating on a non-profit basis within their jurisdiction, the People's Committee of the province shall be responsible for sending the decision to the General Department of Vocational Education for monitoring and management, and announce the decision on its own electronic information website regarding the establishment and recognition of private vocational education institutions and foreign-invested vocational education institutions operating on a non-profit basis.

Chapter VII

RIGHTS AND RESPONSIBILITIES OF ENTERPRISES IN VOCATIONAL EDUCATION ACTIVITIES

Article 42. Rights of enterprises in vocational education activities

1. Establish vocational education institutions to directly train human resources for production, business, and service activities within the enterprise and for society in accordance with Article 18 of the Vocational Education Law.

2. Organize training at the primary level and regular training at the workplace of the enterprise in accordance with the following provisions:

a) The training subjects are employees working in the enterprise and other workers who have a need for training;

b) The training program includes: Primary-level training programs and regular training programs as stipulated in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law;

c) The instructors are teachers, scientists, engineers, technical staff, artisans, skilled workers, and outstanding farmers;

d) Reach an agreement with the trainees, who are employees of the enterprise, regarding their salary levels and payment methods during the training period;

đ) After completing the training program, if the trainee meets the requirements, they will be issued a primary-level certificate or a training certificate by the head of the enterprise. The training certificate must clearly state the content and duration of the training;

e) Report to the Department of Labor, Invalids, and Social Affairs where the training is organized before organizing the training for monitoring and management.

4. Participate in placing orders for vocational training in priority industries and trades for economic and social development by the State; place orders for training with vocational education institutions to train personnel for the enterprise's production, business, and service sectors.

5. Nominate representatives to join the boards of public colleges and intermediate schools; the boards of private colleges and intermediate schools if the enterprise's activities are related to the training fields of these institutions.

6. Participate in building the list of training fields; establish the minimum knowledge volume and ability requirements that students should achieve upon graduation; vocational training programs and textbooks; organize teaching, internship guidance, and assessment of student learning outcomes at vocational education institutions.

7. Provide material support and equipment for training; grant scholarships to students at vocational education institutions.

8. Exercise other rights as prescribed in Article 51 of the Vocational Education Law and relevant regulatory legal documents.

Article 43. Responsibilities of enterprises in vocational education activities

1. Annually report to the Department of Labor, Invalids, and Social Affairs where the enterprise has its main office about the training needs, labor usage, and recruitment needs by industry and trade of the enterprise.

3. Organize self-training, coordinate with vocational education institutions to organize training; place orders with vocational education institutions to train recruited workers to work in the enterprise in accordance with regulations.

4. Provide feedback on the quality of trained labor from vocational education institutions and information for state management agencies', business associations', and vocational education institutions' surveys when requested to improve the quality and effectiveness of vocational training.

5. Accept teachers, students, and trainees from vocational education institutions to visit, practice, and enhance occupational skills at the enterprise or update and access new technologies; pay salaries to teachers, students, and trainees directly or those participating in labor producing products meeting standards including goods or services provided on the market during internships at the enterprise according to agreed levels. In cases of accepting workers for training to work for the enterprise, a training contract must be signed with the worker and no tuition fees shall be charged.

6. Pay training costs and salaries to enterprise employees during study leave periods in accordance with agreements between the enterprise and employees as prescribed by law.

7. Develop plans and programs for training and upgrading the qualifications and skills of enterprise employees and report on implementation results in accordance with Articles 60 and 61 of the Labor Code.

8. Fulfill social responsibilities for vocational education activities, commit to contributing to the sustainable development of vocational education through activities to improve training quality and meet the human resource needs of enterprises, communities, and society.

9. Fulfill other responsibilities as prescribed in Article 52 of the Vocational Education Law and relevant regulatory legal documents.

Chapter VIII

IMPLEMENTING PROVISIONS

1. Foreign vocational education institutions that have submitted applications for establishment permits of their representative offices in Vietnam before this Decree takes effect but have not yet been granted such permits shall adjust and complete their applications to obtain establishment permits for representative offices in accordance with this Decree.

2. Foreign organizations and individuals who have applied for permission to establish foreign-invested vocational education institutions before this Decree takes effect but have not yet been granted permission shall adjust their applications and proceed according to the provisions of this Decree. Supplement

Article 45. Amendment and supplementation of certain articles of related documents concerning vocational education

1. Amend point i Clause 5 Article 47 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, utilization, and management of civil servants as follows:

“i) The Ministry of Labor, Invalids and Social Affairs manages the occupational titles of civil servants specializing in vocational education, labor, and social affairs;”

2. Replace certain phrases stipulated in Decree No. 11/2015/NĐ-CP dated January 31, 2015 of the Government on physical education and sports activities in schools as follows:

“a) Replace the phrase "central state administrative agency for vocational education" with "Ministry of Labor, Invalids and Social Affairs" in Clause 3 Article 4;

b) Replace the phrase "head of the central state administrative agency for vocational education" with "Minister of Labor, Invalids and Social Affairs" in point a Clause 1 Article 5, point a Clause 3 Article 5, and Clause 1 Article 9.”

3. Amend and supplement certain articles of Decree No. 79/2015/NĐ-CP dated September 14, 2015 of the Government on administrative penalties in the field of vocational education as follows:

a) Amend the name of Clause 2 Article 29 to read "The Director of the Department of Labor Inspection of the Department of Labor, Invalids and Social Affairs, the Head of the specialized inspection team of the Department of Labor, Invalids and Social Affairs, the Head of the specialized inspection team of the General Department of Vocational Education have the right:"

b) Amend the name of Clause 3 Article 29 to read "The Head of the specialized inspection team of the Ministry of Labor, Invalids and Social Affairs has the right to impose administrative penalties for violations in the field of vocational education (except for teacher training programs), national skill assessment, including:"

c) Amend the name of Clause 4 Article 29 to read "The Head of the specialized inspection team of the Ministry of Education and Training has the right to impose administrative penalties in the field of vocational education for organizing and operating vocational education at intermediate and higher levels in teacher training programs, including:"

d) Amend the name of Clause 5 Article 29 to read "The Director of the Department of Labor Inspection of the Ministry of Labor, Invalids and Social Affairs, the General Director of the General Department of Vocational Education have the right to impose administrative penalties for violations in the field of vocational education (except for teacher training programs), national skill assessment, including:"

đ) Amend the name of Clause 6 Article 29 to read "The Director of the Department of Labor Inspection of the Ministry of Education and Training has the right to impose administrative penalties in the field of vocational education for organizing and operating vocational education at intermediate and higher levels in teacher training programs, including:"

e) Amend Clause 2 Article 31 to read "Officials and civil servants who are members of the inspection team as decided by the Minister of Labor, Invalids and Social Affairs, the Director of the Department of Labor Inspection of the Ministry of Labor, Invalids and Social Affairs, the General Director of the General Department of Vocational Education, the Director of the Department of Labor, Invalids and Social Affairs, the Director of the Department of Labor Inspection of the Department of Labor, Invalids and Social Affairs."

4. Amend Clause 1 Article 17 of Decree No. 86/2015/NĐ-CP dated October 2, 2015 of the Government on mechanisms for collecting, managing school fees for educational institutions under the national education system and policies on exemption, reduction of school fees, and support for learning expenses from the academic year 2015-2016 to 2020-2021 as follows:

“1. The Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall take the lead in coordinating with relevant ministries and sectors to provide detailed guidance on the implementation of this Decree. The Minister of Labor, Invalids and Social Affairs shall guide the determination of vocational education training programs corresponding to the fee framework specified in Clause 4 Article 5 of this Decree.”

5. Amend Clause 1 Article 14 of Decree No. 113/2015/NĐ-CP dated November 9, 2015 of the Government on special allowances, preferential allowances, allowances for job responsibilities, and allowances for heavy, hazardous, and dangerous work for teachers in public vocational education institutions as follows:

“1. The Minister of Labor, Invalids and Social Affairs shall provide guidance on the implementation of this Decree.”

6. Amend Article 14 of Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government on conditions for investment and operation in the field of vocational education as follows:

a) Amend and supplement point c Clause 1 Article 14 as follows:

“c) Have a teaching staff meeting the standards, professional qualifications, skills, and pedagogical expertise as prescribed by law; ensuring a maximum ratio of converted students to converted teachers of 25 students/teacher; having permanent teachers for the trades being organized for training.”

b) Repeal point đ Clause 2 Article 14.

7. Replace Model No. 3 in the Appendix issued together with Decree No. 49/2018/NĐ-CP dated March 30, 2018 of the Government on quality assurance in vocational education with Model 6 in the Appendix issued together with this Decree.

8. Repeal the phrase "Ministry of Education and Training" stipulated in Clause 1 Article 7 Decision No. 53/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on residential policy for college and secondary vocational students.

Article 46. Effective Date

1. This Decree takes effect from March 20, 2019.

2. From the date this Decree takes effect, Decree No. 48/2015/NĐ-CP dated May 15, 2015 of the Government detailing the implementation of certain provisions of the Law on Vocational Education shall cease to be effective.

Article 47. Responsibility for Implementation

1. The Minister of Labor, Invalids and Social Affairs within the scope of functions, duties, powers and responsibilities assigned shall be responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and related agencies, organizations and individuals shall be responsible for implementing this Decree.