Circular No. 19/LDTBXH-TT guiding vocational training, retraining, supplementary training, and additional training for workers and providing additional backup vocational training for female workers employed in enterprises.

CIRCULAR

Guidelines for vocational training, retraining, supplementary training, and additional training for female workers

working in the enterprise

Implementing Decree No. 90/CP dated December 15, 1995 of the Government detailing and guiding the implementation of certain Articles of the Labor Code on vocational training; after receiving opinions from relevant ministries and sectors, the Ministry of Labor, Invalids, and Social Affairs guides the vocational training, supplementary training, retraining, and additional training for female workers working in enterprises as follows:

I. SUBJECTS AND SCOPE OF APPLICATION

The subjects and scope of application of the vocational training, supplementary training, retraining, and additional training for female workers are employees working in state-owned enterprises, enterprises belonging to other economic sectors, and foreign-invested enterprises in Vietnam (hereinafter referred to as enterprises).

II. VOCATIONAL TRAINING

1. Enterprises may use their unemployment assistance reserve fund to cover costs for vocational training for employees who have not yet acquired a trade but are currently working at the enterprise and for employees recruited to study a trade to work for the enterprise under a vocational training contract. The time spent in vocational training shall be counted as working time for the employer.

2. If an enterprise's vocational training facility provides training to students who will not work for that enterprise, in addition to registering with the Department of Labor, Invalids, and Social Affairs, it must comply with general regulations applicable to vocational training facilities and report to the financial authority regarding the revenue subject to tax related to vocational training.

3. Each time a foreign-invested enterprise sends Vietnamese workers abroad for training to work for the enterprise, it must report to the Department of Labor, Invalids, and Social Affairs of the province or centrally administered city (Form No. 1) and attach copies of their vocational training contracts with the enterprise, while complying with the personnel procedures and exit visa regulations of the Ministry of Home Affairs.

4. When restructuring or changing technology and organization, the enterprise has the responsibility to retrain its employees. The cost of retraining shall be covered from the unemployment assistance reserve fund.

III. ADDITIONAL TRAINING FOR FEMALE WORKERS

A backup trade for female workers is a different trade from their current one and can be used when they cannot continue in their current trade until retirement.

Female workers employed in enterprises have the right to request additional training for themselves according to state regulations and their personal circumstances and capabilities. Female workers may pursue additional training either by taking leave to study continuously for a period or by studying during working hours. The time spent in additional training still entitles them to basic benefits as if they were working. If a female worker pursues additional training without taking leave, she shall receive an amount equal to the salary grade for the time she would otherwise have taken off to complete the course, but not exceeding four months' salary per course and shall also receive reimbursement for tuition fees.

Costs for additional training for female workers shall be covered from the unemployment assistance reserve fund of the enterprise.

IV. SUPPLEMENTARY TRAINING AND SKILL ENHANCEMENT

Enterprises are responsible for using their unemployment assistance reserve fund to provide supplementary training and skill enhancement for employees working at the enterprise in the following areas:

1. Supplementing and perfecting knowledge and skills to enable employees to perform their jobs better according to the requirements of their skill level.

2. Enhancing knowledge and skills related to their trade to enable employees to undertake tasks related to their trade, thereby improving job performance.

3. Skill enhancement to advance to a higher level must be conducted annually, helping workers improve their occupational proficiency from their current level to a higher one. The time spent in skill enhancement training still entitles them to basic benefits as if they were working.

Conditions, contents, and organization for vocational training to qualify for promotion in enterprises shall be carried out according to Circular No. 05/LDTBXH-TT dated March 22, 1995. For enterprises with foreign investment capital, they shall implement according to Circular No. 11/LDTBXH-TT dated May 3, 1995, issued by the Minister of Labor, Invalids, and Social Affairs.

4. Vocational training for skilled workers: Enterprises have the responsibility to develop plans for vocational training and organize workers to take exams for skilled worker certification at the enterprise level, industry level, and national level.

After each examination period, workers who achieve a certain skill level will be awarded a certificate of that occupational grade. The wage payment based on the achieved level shall be agreed upon between the worker and the employer.

V. IMPLEMENTATION

1. Provincial Departments of Labor, Invalids, and Social Affairs have the responsibility to guide and inspect enterprises in implementing this Circular and relevant State regulations.

2. Enterprises have the responsibility to report to the Provincial Department of Labor, Invalids, and Social Affairs on the results of vocational training, retraining, supplementary skills training for female workers, and vocational training for workers within their enterprises no later than November 31 each year (Model No. 2). The Provincial Department of Labor, Invalids, and Social Affairs will compile and report to the Ministry of Labor, Invalids, and Social Affairs (Model No. 3) no later than December 31 each year.

3. This Circular takes effect from the date of issuance.

Abolish previous documents that conflict with this Circular.

4. During implementation, if there are difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.

 FORM NO. 1

According to Circular No. 19/LDTBXH dated September 12, 1996

REPORT

EXPORTING VIETNAMESE WORKERS FOR TRAINING ABROAD

To: Provincial Departments of Labor, Invalids, and Social Affairs...

1. Name of the enterprise sending Vietnamese workers for training abroad...

2. Training in country...

3. Number of people sent for training...

4. Names of trades being trained...

5. Duration of training...

6. Time spent abroad...

Please attach individual vocational training contracts with the enterprise.

Enterprise director

(signature, stamp)

MODEL NO. 3

According to Circular No. 19/LDTBXH dated September 12, 1996

REPORT

RESULTS OF VOCATIONAL TRAINING AND SKILL ENHANCEMENT IN 199...
OF THE PROVINCIAL DEPARTMENT OF LABOR, INVALIDS, AND SOCIAL AFFAIRS