Decision No. 1536/1998/QĐ-BLĐTBXH on Issuing the Interim Regulation on Granting and Managing Trade Certificates and Vocational Certificates

DECISION OF THE MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Regarding the issuance of the Interim Regulation on the issuance and management of Training and Orientation Education Certificates for workers going to work abroad for a limited period

on the management of Trade Certificates and Vocational Certificates

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

Pursuant to Decree 90/CP dated November 24, 1993 of the Government on the structure of the national education system and the system of educational and training certificates of the Socialist Republic of Vietnam;

Pursuant to Decision 67/1998/QĐ-TTg dated March 26, 1998 of the Prime Minister on transferring the state management responsibility for vocational training from the Ministry of Education and Training to the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree 33/1998/NĐ-CP dated May 23, 1998 of the Government on the establishment of the General Department of Vocational Training under the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decision 1012/1998/QĐ-BLĐTBXH dated October 9, 1998 of the Minister of Labor, Invalids and Social Affairs on issuing Trade Certificates and Vocational Certificates;

At the proposal of the Director-General of the General Department of Vocational Training,

DECISION:

Article 1. Now hereby promulgates this Provisional Regulation on the Issuance and Management of Trade Certificates and Vocational Certificates attached hereto.

Article 2. This Decision shall take effect fifteen days from the date of signature and shall replace previous regulations on the management, use, and issuance of Graduation Certificates and Vocational Training Certificates issued by the Ministry of Education and Training.

Article 3. The Director-General of the General Department of Vocational Training, the Directors of Provincial Departments of Labor, Invalids and Social Affairs, Principals, and Directors of vocational training institutions shall be responsible for implementing this Decision./.

PROVISIONAL REGULATION ON THE ISSUANCE AND MANAGEMENT OF TRADE CERTIFICATES AND VOCATIONAL CERTIFICATES

(Attached to Decision No. 1536/1998/QĐ-BLĐTBXH dated December 1, 1998 of the Minister of Labor, Invalids and Social Affairs)

The Trade Certificate and Vocational Certificate referred to in this Regulation are the Trade Certificate and Vocational Certificate issued pursuant to Decision No. 1012/1998/QĐ-BLĐTBXH dated October 9, 1998 of the Minister of Labor, Invalids and Social Affairs;

I. GENERAL PROVISIONS:

Article 1. The vocational training institution referred to in this Regulation is an organization with legal personality established in accordance with the law and registered with the competent state agency for vocational training to provide vocational training or has vocational training, including:

Article 2. 1. Public and non-public vocational schools established and operating in accordance with the school's charter.

2. Public and non-public vocational centers established and operating in accordance with the organizational and operational regulations of vocational centers.

3. Non-public vocational classes established and operating in accordance with the provisions.

4. Other institutions permitted to provide vocational training.

II. MANAGEMENT OF TRADE CERTIFICATES AND VOCATIONAL CERTIFICATES

Trade Certificates and Vocational Certificates shall be uniformly printed, managed, and issued nationwide by the General Department of Vocational Training.

Article 3. Trade Certificates and Vocational Certificates shall bear the raised stamp of the General Department of Vocational Training on the cover (page 1) and shall be numbered sequentially.

Provincial Departments of Labor, Invalids and Social Affairs shall receive Trade Certificates and Vocational Certificates from the General Department of Vocational Training to issue them to vocational training institutions according to the annual registration quantity, and report quarterly and annually to the General Department of Vocational Training on the number issued to vocational training institutions.

Article 4. The General Department of Vocational Training, Provincial Departments of Labor, Invalids and Social Affairs, and vocational training institutions must establish registers to monitor the management and issuance of Trade Certificates and Vocational Certificates according to approved procedures and plans.

Article 5. In cases where Trade Certificates and Vocational Certificates are lost or misplaced; in addition to reporting to the police for investigation, vocational training institutions must also report to the Provincial Department of Labor, Invalids and Social Affairs; after reporting to the police for investigation or receiving reports from vocational training institutions, the Provincial Department of Labor, Invalids and Social Affairs must report to the General Department of Vocational Training for consideration and resolution.

Vocational training institutions shall receive Trade Certificates and Vocational Certificates from the Provincial Department of Labor, Invalids and Social Affairs to issue them to graduates of vocational training courses and those who have completed vocational training courses; vocational training institutions must submit to the Provincial Department of Labor, Invalids and Social Affairs the Decision recognizing the graduation of vocational training courses and completion of vocational training courses.

Article 6. Vocational training institutions shall perform the following tasks: affixing the photograph of the certificate holder, stamping the vocational training institution's seal on the photograph (bottom right corner), and filling in all required information on the Trade Certificate and Vocational Certificate.

Article 7. The information recorded on the Trade Certificate and Vocational Certificate (pages 2 and 3) shall be written in black ink; handwriting must be clear; the name of the certificate holder shall be written in capital letters.

Damaged Trade Certificates and Vocational Certificates shall be collected by the Provincial Department of Labor, Invalids and Social Affairs and replaced with new ones. Before being destroyed, damaged certificates must be documented in a report detailing their condition, cause of damage, quantity, and serial numbers; a copy of the report must be sent to the General Department of Vocational Training.

Article 8. III. ISSUANCE OF TRADE CERTIFICATES AND VOCATIONAL CERTIFICATES

Authority to Issue Trade Certificates and Vocational Certificates

Article 9. 1. The authority to issue Vocational Certificates is the Principal or Director of the vocational training institution as stipulated in Article 2 of this Regulation.

2. The authority to issue Trade Certificates is the Principal of the vocational training institution as stipulated in Point 1 of Article 2 of this Regulation. Other cases require permission from the Director-General of the General Department of Vocational Training.

Vocational training institutions shall organize the issuance of Trade Certificates and Vocational Certificates to graduates of vocational training courses and those who have completed vocational training courses within twenty days from the end of the course based on the Decision recognizing the completion of the vocational training course.

Article 10. Graduates of vocational training courses according to the objectives, content, and standard program shall be issued a Trade Certificate and only once.

Article 11. Those who complete vocational training courses according to the objectives, content, and limited program shall be issued a Vocational Certificate and only once.

Holders of Trade Certificates and Vocational Certificates who have lost them may apply for reissuance if they have confirmation from the competent authority. The reissuance of Trade Certificates and Vocational Certificates shall be specified by the General Department of Vocational Training.

Students have the right to appeal the issuance of Trade Certificates and Vocational Certificates by vocational training institutions to the Provincial Department of Labor, Invalids and Social Affairs. Within fifteen days from the date of receipt of the appeal, the Provincial Department of Labor, Invalids and Social Affairs must respond according to its authority or refer the matter to the General Department of Vocational Training for consideration and resolution.

Article 12. The trainee has the right to appeal the issuance of the Vocational Certificate or Vocational Qualification Certificate to the Department of Labor - Invalids and Social Affairs. Within fifteen days from the date of receipt of the appeal, the Department of Labor - Invalids and Social Affairs must respond within its jurisdiction or refer the matter to the General Department of Vocational Training for consideration and resolution.

IV. IMPLEMENTATION PROVISIONS:

Article 13. Any person who commits a violation concerning printing, issuing, managing, or distributing the Trade Certificate or Vocational Certificate shall be subject to disciplinary action, administrative handling, or criminal prosecution depending on the severity of the violation.

Article 14. The General Department of Vocational Training is responsible for guiding, inspecting, and auditing the issuance and management of Trade Certificates and Vocational Certificates in accordance with this Regulation.

The Department of Labor, Invalids, and Social Affairs is responsible for guiding vocational training institutions within its jurisdiction to issue and manage Trade Certificates and Vocational Certificates, and report on the situation of vocational training; regularly organize inspections and audits related to vocational training and the issuance of Trade Certificates and Vocational Certificates./.