Circular No. 24/2011/TT-BLDTBXH stipulates on the establishment, permission to establish, division, separation, merger, and dissolution of vocational college schools, intermediate vocational schools, and vocational training centers.

CIRCULAR

Provisions on establishment, permission to establish, division, separation, merger, and dissolution of vocational college schools, intermediate vocational schools, and vocational training centers

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THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Vocational Training Law dated November 29, 2006;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 70/2009/NĐ-CP dated August 21, 2009 of the Government stipulating responsibilities for state management of vocational training;

Pursuant to Resolution No. 48/NQ-CP dated December 9, 2010 of the Government on simplifying administrative procedures within the scope of functions managed by the Ministry of Labor, Invalids and Social Affairs;

The Ministry of Labor, Invalids and Social Affairs hereby stipulates provisions on establishment, permission to establish, division, separation, merger, and dissolution of vocational college schools, intermediate vocational schools, and vocational training centers as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Circular stipulates conditions, procedures, and authorities for establishing, permitting establishment, division, separation, merger, and dissolution of public and private vocational college schools, intermediate vocational schools, and vocational training centers (hereinafter referred to collectively as vocational training institutions).

This Circular does not apply to vocational training institutions with foreign investment capital.

Article 2. Principles for Establishment, Permission to Establish, Division, Separation, Merger

1. The establishment, permission to establish, division, separation, and merger of vocational training institutions must be consistent with the planning for developing the network of vocational training institutions and the demand for developing technical workforce directly involved in production and services in the labor market.

2. Organizations and individuals from all economic sectors and forms of ownership who meet the conditions stipulated in this Circular have the right to request competent agencies and organizations specified in Clause 3 of Article 5; Point d of Clause 1 and Point d of Clause 2 of Article 8; Point e of Clause 1 and Point f of Clause 2 of Article 11 of this Circular to decide on the establishment, permission to establish, division, separation, and merger of vocational training institutions.

Chapter II

CONDITIONS, PROCEDURES, AUTHORITY FOR ESTABLISHING AND PERMITTING TO ESTABLISH VOCATIONAL COLLEGES, INTERMEDIATE VOCATIONAL SCHOOLS, AND VOCATIONAL TRAINING CENTERS

Section 1

CONDITIONS, PROCEDURES, AUTHORITY FOR ESTABLISHING AND PERMITTING TO ESTABLISH VOCATIONAL COLLEGES

Article 3. Conditions for Establishing and Permitting to Establish Vocational Colleges and Other Training Units of Vocational Colleges

1. A vocational college may be established when it has a proposal ensuring the following conditions:

1.1. Consistent with the planning of the national vocational training institution network during each period and the planning and development plan of the vocational college network of the Ministry, agency equivalent to a ministry, government agency (hereinafter collectively referred to as the Ministry), central agency of political-social organizations, provincial People's Committees, and centrally-administered city People's Committees (hereinafter collectively referred to as provincial-level People's Committees).

1.2. The minimum number of vocational training programs at the college level is three. The minimum scale of training is 200 students for private vocational colleges and 700 students for public vocational colleges.

1.3. Teaching staff, instructors, and management personnel sufficient in quantity, structurally coherent, meeting standards for quality, qualification, and vocational skills as prescribed in Circular No. 30/2010/TT-BLĐTBXH dated September 29, 2010 of the Minister of Labor, Invalids and Social Affairs stipulating standards for vocational teachers and instructors, including:

a) The maximum ratio of converted students to converted teaching staff is 20 students per one teacher or instructor;

b) At least 15% of college-level vocational instructors have a master’s degree or higher;

c) The minimum proportion of permanent teaching staff is 70% for public vocational colleges and 50% for private vocational colleges, and there must be permanent teaching staff for each vocational training program.

1.4. Infrastructure and vocational training equipment

a) Infrastructure suitable for the scale and level of training of each profession and designed and constructed according to Vietnam Construction Standard TCXD VN 60: 2003 "Vocational School - Design Standards" issued by Decision No. 21/2003/QĐ-BXD dated July 28, 2003 of the Minister of Construction. Specifically:

- Minimum land area usage is 20,000 m² for urban areas and 40,000 m² for non-urban areas;

- Theory and practical classrooms meeting the training scale as prescribed. Minimum classroom area for theory classes is 1.5 m²/seat, minimum practical classroom area from 4-6 m²/practical station;

- Practical workshops meeting the requirements of practical training according to the vocational training program at the college level;

- Laboratories/experimental rooms and specialized classrooms meeting the requirements for teaching, learning, and research according to the vocational training program at the college level;

- Library space meeting the research needs of staff, teachers, and students;

- Adequate space for physical exercise activities for students, teachers, and staff according to design standards;

- Medical room equipped to provide minimum health care conditions for staff, teachers, students, and other personnel in the school.

b) Vocational training equipment:

Adequate theoretical and practical training equipment suitable for the profession, level, and training scale as prescribed.

1.5. Financial capability

Possess sufficient financial capability to ensure investment and operation of the vocational college. The minimum founding capital for a vocational college is 30 billion Vietnamese dong, contributed through legitimate sources, excluding the value of land.

2. Conditions for Establishing and Permitting to Establish Branches/Other Training Units of the College When Ensuring the Following Conditions:

- The establishment and permission to establish branches/other training units must ensure compliance with infrastructure and vocational training equipment conditions, teaching staff, instructors, and management personnel, and other conditions necessary for teaching professions according to the planned training scale at the branch/training unit;

- If establishing a branch/training unit in another province, there must also be a written agreement on the policy of establishing a branch/training unit from the Chairman of the provincial-level People's Committee where the college plans to establish the branch/training unit.

Article 4. Documents for establishing a vocational college and other training branches/units under the college

1. The documents for establishing a public vocational college consist of one set, including:

1.1. A request for establishment issued by a Ministry, central agency of political-social organizations, or provincial People's Committee for public vocational colleges (in accordance with Model 1a attached to this Circular); 1.2. A request for establishment issued by social organizations, social-professional organizations, economic organizations, or individuals for private vocational colleges (in accordance with Model 1b attached to this Circular). 1.3. Nine copies of the Project for Establishing a Vocational College, clearly defining the necessity of establishing the college, educational goals, organizational structure, and conditions ensuring the operation of the college, implementation plan and progress schedule, and socio-economic effectiveness (in accordance with Model 2 attached to this Circular). 1.4. Certified copies of land use right certificates, ownership certificates of houses and other assets attached to the land, or agreements of the provincial People's Committee regarding the policy of allocating land for building the college, specifying the area, boundary markers, and address of the construction site.

1.5. For vocational colleges directly under Ministries, central agencies of political-social organizations, or private vocational colleges, there must be a document from the Chairman of the provincial People's Committee approving the establishment of the college in the province or centrally-administered city where the college is located. 1.6. For private vocational colleges, additional documents are required:

a) Confirmation letter from a commercial bank (where the organization or individual requesting the establishment of the vocational college has opened an account) regarding the deposit balance of the organization or individual and their commitment to use it solely for investment in building the college and regular operating costs after establishment.

Other documents proving the ownership of assets as capital contributions by the individual requesting the establishment of the college (if applicable).

b) For private vocational colleges with two or more capital contributors, the documents also require:

- Minutes appointing representatives to establish the college on behalf of the capital contributors;

- List of members of the founding board establishing the college;

- List and form of capital contribution by shareholders committed to contribute capital;

- List and minutes of capital contribution by shareholders committed to contribute capital;

- Proposed Chairperson of the Board of Management of the college.

2. Documents for establishing branches/training units under vocational colleges shall be implemented according to the provisions of Clause 1 of Article 4 of this Circular.

Article 5. Procedures for establishing and permitting the establishment of vocational colleges

1. Receiving documents for establishing and permitting the establishment of vocational colleges

a) The entity, organization, or individual proposing the establishment or permission to establish the college prepares the documents in accordance with Article 4 of this Circular and sends them to the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs;

b) The General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs receives and conducts an initial review of the documents for establishing and permitting the establishment of vocational colleges before submitting them to the Appraisal Council for the establishment of vocational colleges (hereinafter referred to as the Appraisal Council).

If the documents for establishing and permitting the establishment of the college are not valid, within five working days from the date of receipt of the documents, the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs will issue a reply document to the entity, organization, or individual proposing the establishment or permission to establish the college, stating the reasons.

c) Within five working days from the date of receiving complete valid documents, the General Department of Vocational Training sends the documents for establishing the college to the Appraisal Council for appraisal.

2. Appraising the documents for establishing the college

a) The Appraisal Council organizes the appraisal of the documents for establishing vocational colleges;

b) The Minister of Labor, Invalids, and Social Affairs decides to establish the Appraisal Council and promulgates the Regulations on the organization and operation of the Appraisal Council.

The Appraisal Council is chaired by a representative of the leadership of the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs, and its members include representatives from the following ministries: Ministry of Home Affairs, Ministry of Finance, Ministry of Planning and Investment, Ministry of Education and Training, and some departments under the Ministry of Labor, Invalids, and Social Affairs.

c) Within fifteen working days from the date of receipt of the documents for establishing vocational colleges sent by the General Department of Vocational Training, the Appraisal Council organizes the appraisal of the documents for establishing vocational colleges;

d) Based on the results of the Appraisal Council's appraisal, the entity, organization, or individual proposing the establishment of the college completes the establishment documents and submits them to the General Department of Vocational Training.

If the Appraisal Council concludes that the documents for establishing the vocational college do not meet the conditions, the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs will issue a reply document to the entity, organization, or individual proposing the establishment of the college, stating the reasons.

3. Time limit and authority to decide on establishing and permitting the establishment of colleges and branches/training units under the college

Within five working days from the date of receipt of the report on the establishment and permission to establish vocational colleges and branches/training units under the college from the Director of the General Department of Vocational Training, the Minister of Labor, Invalids, and Social Affairs issues a decision to establish public vocational colleges or permit the establishment of private vocational colleges and branches/training units under the college.

d) Based on the appraisal results of the Appraisal Board, the entity proposing to establish the school shall complete the establishment dossier and submit it to the General Department of Vocational Training

In case the Appraisal Board concludes that the establishment dossier of the vocational college does not meet the conditions, the General Department of Vocational Training under the Ministry of Labor, Invalids and Social Affairs shall issue a response document to the entity proposing to establish the school and specify the reasons.

3. Time limit, authority to decide on establishing, permitting the establishment of schools, branch/school training facilities

Within five working days from the date of receipt of the proposal regarding the establishment, permission to establish vocational colleges, branches/school training facilities of the Director-General of the General Department of Vocational Training, the Minister of Labor, Invalids and Social Affairs shall issue a decision to establish vocational college public institutions or permit the establishment of branches/school training facilities of private vocational colleges.

Section 2

CONDITIONS, PROCEDURES, AUTHORITY FOR ESTABLISHING AND APPROVING THE ESTABLISHMENT OF VOCATIONAL COLLEGES

Article 6. Conditions for establishing and approving the establishment of vocational colleges and other training facilities under the college

1. A vocational college may be established when it has a project ensuring the following conditions:

1.1. It is consistent with the planning of the network of vocational training institutions nationwide during each period and the planning and development plan of the vocational college network issued by the Ministry, the central agency of political-social organizations, and the People's Committee of the province.

1.2. The minimum number of trades trained at the intermediate level is three trades. The minimum scale of training is 100 students for private vocational colleges and 500 students for public vocational colleges.

1.3. The teaching staff and management team must be adequate in quantity, structurally coherent, and meet the standards of quality, qualification, and vocational skills as stipulated in Circular No. 30/2010/TT-BLDTBXH dated September 29, 2010, issued by the Minister of Labor, Invalids, and Social Affairs on teacher and lecturer standards for vocational training, including:

a) The maximum ratio of converted students to converted teachers is 20 students per one teacher;

b) The minimum proportion of permanent teachers is 70% for public vocational colleges and 50% for private vocational colleges, and there must be permanent teachers for each trade being trained.

1.4. Infrastructure and vocational training equipment

a) Physical infrastructure must be suitable for the scale and level of training of each trade and designed and constructed according to Vietnam Construction Standard TCXD VN 60: 2003 "Vocational School - Design Standards" issued by Decision No. 21/2003/QD-BXD dated July 28, 2003, of the Minister of Construction. Specifically:

- The minimum land area for use is 10,000 m² in urban areas and 30,000 m² for non-urban areas;

- Theory and practical classrooms meeting the training scale as prescribed. Minimum classroom area for theory classes is 1.5 m²/training place, the minimum classroom area for practical training is from 4 to 6 m²/practical station;

- Practical workshops must meet the standards required to fulfill practical training requirements according to the intermediate-level vocational training program;

- Specialized classrooms must meet the requirements for teaching and learning according to the intermediate-level vocational training program;

- The library must have seating capacity to meet the research needs of staff and teachers and the study needs of students;

- There must be sufficient space to serve physical training activities for students and teachers according to design standards;

- There must be a health room equipped to provide at least basic healthcare services for staff, teachers, and students in the school.

b) Vocational training equipment:

Adequate theoretical and practical training equipment suitable for the profession, level, and training scale as prescribed.

1.5. Financial capability

There must be sufficient financial capability to ensure investment and operation of the vocational college. The minimum capital for establishing a vocational college is 15 billion Vietnamese dong, sourced from legitimate funds, excluding the value of land.

2. The establishment of branch/training facilities under vocational colleges shall be carried out in accordance with the regulations for establishing branches/training facilities under higher vocational colleges as stipulated in Clause 2, Article 3 of this Circular.

Article 7. Documents for Establishing Vocational Colleges and Other Training Facilities Under the College

1. The documents for establishing a vocational college consist of one set, including:

1.1. A proposal for establishing the college from the managing authority for public vocational colleges (in accordance with Model 3a issued together with this Circular); An application from social organizations, social-professional organizations, economic organizations, or individuals for private vocational colleges (in accordance with Model 3b issued together with this Circular).

1.2. Seven volumes of the Project for Establishing a Vocational College, clearly defining the necessity of establishing the college, training objectives, organizational structure, and conditions ensuring the operation of the college, implementation plans and progress of the project, and economic and social benefits (in accordance with Model 4 issued together with this Circular).

a) Confirmation letter from a commercial bank (where the organization or individual requesting the establishment of the vocational college has opened an account) regarding the deposit balance of the organization or individual and their commitment to use it solely for investment in building the college and regular operating costs after establishment.

Other documents proving the ownership of assets as capital contributions by the individual requesting the establishment of the college (if applicable).

1.5. For vocational colleges directly under the Ministry, the central agency of political-social organizations, there must be a document from the Chairman of the Provincial People's Committee agreeing to establish the college in the province or centrally-administered city where the college is located.

1.6. For private vocational colleges, the documents need to be supplemented with:

a) A confirmation letter from a commercial bank (where the organization or individual applying to establish the vocational college opens an account) regarding the balance of deposits of the organization or individual applying to establish the college and a commitment to only use it for building the college and regular operating costs after establishment.

- List and form of capital contribution by shareholders committed to contribute capital;

b) For private vocational colleges with two or more capital contributors, the documents also need to include:

- A record appointing representatives to sign for establishing the college;

Article 5. Procedures for establishing and permitting the establishment of vocational colleges

2. Documents for establishing branches/training units under vocational colleges shall be implemented according to the provisions of Clause 1 of Article 4 of this Circular.

1. Receiving documents for establishing and permitting the establishment of vocational colleges

a) The entity, organization, or individual proposing the establishment or permission to establish the college prepares the documents in accordance with Article 4 of this Circular and sends them to the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs;

2. The documents for establishing branch/training facilities under vocational colleges shall be implemented in accordance with the provisions of Clause 1, Article 7 of this Circular.

Article 8. Procedures for establishing vocational secondary schools and granting permission to establish such schools

1. For vocational secondary schools under Ministries and Central Agencies of Political and Social Organizations

a) The agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations shall receive and conduct preliminary review of the establishment dossier of subordinate vocational secondary schools before submitting it to the Appraisal Council.

In case the establishment dossier does not meet requirements, within five working days from the date of receipt of the dossier, the agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations shall issue a written response to the agency or organization proposing the establishment of the school and clearly state the reasons.

b) Within five working days from the date of receiving a complete and valid dossier, the agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations shall submit the establishment dossier to the Appraisal Council for appraisal;

c) The Minister or Head of the Central Agency of Political and Social Organizations shall decide on the establishment and promulgate the Regulation on the organizational structure and operation of the Appraisal Council;

d) Within fifteen working days from the date of receipt of the establishment dossier of vocational secondary schools submitted by the agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations, the Appraisal Council shall organize the appraisal of the establishment dossier of vocational secondary schools;

đ) Based on the results of the Appraisal Council's appraisal, the agency or organization proposing the establishment of the school shall perfect the establishment dossier and submit it to the agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations for submission to the Minister or Head of the Central Agency of Political and Social Organizations to make the decision.

In case the Appraisal Council concludes that the establishment dossier does not meet the conditions, the agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations shall issue a written response to the agency or organization proposing the establishment of the school and clearly state the reasons.

e) Time limit and authority to decide on the establishment of schools, branch campuses/different training facilities:

Within five working days from the date of receipt of the proposal for the establishment of schools, branch campuses/different training facilities of the head of the agency entrusted with managing vocational training work under Ministries and Central Agencies of Political and Social Organizations, the Minister or Head of the Central Agency of Political and Social Organizations shall issue a decision on the establishment of vocational secondary schools and branch campuses/different training facilities of subordinate vocational secondary schools.

2. For public vocational secondary schools under provinces and centrally-administered cities and private vocational secondary schools on provincial and centrally-administered city territories

a) The agency, organization, or individual proposing the establishment or granting permission to establish a school shall prepare the dossier as prescribed in Article 7 of this Circular and submit it to the Department of Labor, Invalids, and Social Affairs;

b) The Department of Labor, Invalids, and Social Affairs shall receive and conduct preliminary review of the establishment dossier of public vocational secondary schools under provinces and centrally-administered cities and private vocational secondary schools on provincial and centrally-administered city territories.

In case the establishment dossier does not meet requirements, within five working days from the date of receipt of the dossier, the Department of Labor, Invalids, and Social Affairs shall issue a written response to the agency, organization, or individual proposing the establishment of the school and clearly state the reasons.

c) Within five working days from the date of receiving a complete and valid dossier, the Department of Labor, Invalids, and Social Affairs shall submit the establishment dossier to the Appraisal Council for appraisal;

d) Appraisal of the establishment dossier

- The Chairman of the People's Committee at the provincial level shall decide on the establishment and promulgate the Regulation on the organizational structure and operation of the Appraisal Council.

The Appraisal Council shall be chaired by a representative leader of the Department of Labor, Invalids, and Social Affairs, and its members shall be representatives of leaders from various Departments and agencies at the provincial level: Department of Civil Service Management, Department of Finance, Department of Planning and Investment, Department of Education and Training...

- Within fifteen working days from the date of receipt of the establishment dossier submitted by the Department of Labor, Invalids, and Social Affairs, the Appraisal Council shall organize the appraisal of the establishment dossier of vocational secondary schools.

In case the Appraisal Council concludes that the establishment dossier does not meet the conditions, the Department of Labor, Invalids, and Social Affairs shall issue a written response to the agency, organization, or individual proposing the establishment of the school and clearly state the reasons.

- Based on the results of the Appraisal Council's appraisal, the agency, organization, or individual proposing the establishment of the school shall perfect the establishment dossier and submit it to the Department of Labor, Invalids, and Social Affairs.

đ) Time limit and authority to decide on the establishment and granting permission to establish schools, branch campuses/different training facilities:

Within five working days from the date of receipt of the proposal for the establishment of schools, branch campuses/different training facilities of the Director of the Department of Labor, Invalids, and Social Affairs, the Chairman of the People's Committee at the provincial level shall issue a decision on the establishment of public vocational secondary schools under the province or grant permission to establish private vocational secondary schools, branch campuses/different training facilities on the territory.

3. Within five working days from the date of signing the decision on the establishment or granting permission to establish schools, branch campuses/different training facilities, the person authorized as stipulated in point e Clause 1 and point đ Clause 2 of Article 8 of this Circular shall be responsible for sending the decision on the establishment or granting permission to establish schools, branch campuses/different training facilities to the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs for monitoring and management.

Section 3

CONDITIONS, PROCEDURES, AUTHORITY FOR ESTABLISHING AND APPROVING VOCATIONAL TRAINING CENTERS

Article 9. Conditions for establishing and approving vocational training centers and other training facilities under such centers

1. A vocational training center shall be established when it has a project ensuring the following conditions:

1.1. It must be consistent with the national network planning of vocational training institutions during each period and the planning and development plan of the vocational training center network of the Ministry, central agencies of political-social organizations, and provincial People's Committees.

1.2. The minimum training scale is fifty students for private vocational training centers and one hundred and fifty students for public vocational training centers.

1.3. The teaching staff and management team must be adequate in quantity, structurally coherent, and meet the standards of quality, qualification, and vocational skills as stipulated in Circular No. 30/2010/TT-BLDTBXH dated September 29, 2010, issued by the Minister of Labor, Invalids, and Social Affairs on teacher and lecturer standards for vocational training, including:

a) The maximum ratio of converted students to converted teachers is 20 students per one teacher;

b) Must have full-time teachers for each trade being trained.

1.4. Regarding physical infrastructure and vocational training equipment

a) Infrastructure suitable for the scale and level of training of each profession and designed and constructed according to Vietnam Construction Standard TCXD VN 60: 2003 "Vocational School - Design Standards" issued by Decision No. 21/2003/QĐ-BXD dated July 28, 2003 of the Minister of Construction. Specifically:

- Minimum land area usage is 1,000 m² for urban areas and 2,000 m² for non-urban areas;

- Theory classrooms meeting the training scale as prescribed. Minimum theory classroom area is 1.3 m²/01 converted student;

- Practical workshops meeting practical requirements according to the primary level vocational training program. Minimum practical classroom area must reach 2.5 m²/01 converted student.

b) Vocational training equipment:

Adequate theoretical and practical training equipment suitable for the profession, level, and training scale as prescribed.

1.5. Financial capability

Must have sufficient financial capability to ensure investment and operation of the vocational training center. The minimum capital for establishing a vocational training center is two billion Vietnamese dong, contributed from legitimate sources, excluding land value.

2. Establishing branch/training facilities under vocational training centers shall be carried out as stipulated for establishing branches/training facilities under technical colleges as provided in Clause 2, Article 3 of this Circular.

Article 10. Documents for establishing vocational training centers and other training facilities under such centers

1. The documents for establishing a vocational training center consist of one set, including:

1.1. Request document for establishing the center from the managing agency for public vocational training centers (in accordance with Model 5a issued together with this Circular); Application form of social organizations, social-professional organizations, economic organizations, or individuals for private vocational training centers (in accordance with Model 5b issued together with this Circular).

1.2. Seven copies of the Project for Establishing the Vocational Training Center, clearly stating the necessity of establishing the center, training objectives, organizational structure, and conditions ensuring the center’s operations, implementation plan and progress of the project, economic and social benefits (in accordance with Model 6 issued together with this Circular).

1.3. Estimated number of teachers suitable for the scale and level of each trade trained by the center.

1.4. Draft Regulation on the organization and operation of the center.

1.5. Certified copy of the Land Use Right Certificate, House Ownership Certificate, or other property attached to the land, or agreement document of the Provincial People's Committee regarding the land allocation proposal for building the center, specifying the area, boundary markers, and address of the construction site.

1.6. For vocational training centers directly under the Ministry, central agencies of political-social organizations, there must be a document from the Chairman of the Provincial People's Committee agreeing to establish the center in the province or centrally-administered city where the center is located.

1.7. For private vocational training centers, additional documents are required

a) Confirmation letter from a commercial bank (where the organization or individual applying to establish the center opens an account) regarding the deposit balance of the organization or individual applying to establish the center and their commitment to use only for investment in building the center and regular operational costs after establishment.

Other documents proving ownership of assets as the capital contribution of the individual applying to establish the center.

b) For private vocational training centers with two or more capital contributors, the documents must also include:

- Minutes appointing representatives to establish the center from the capital contributors;

- List of founding members establishing the center;

- List and form of capital contributions from shareholders committed to establishing the center;

- List and minutes of capital contributions from shareholders committed to establishing the center.

2. Documents for establishing branch/training facilities under vocational training centers shall be implemented as stipulated in Clause 1, Article 10 of this Circular.

Article 11. Procedures for establishing and approving the establishment of vocational training centers

1. For vocational training centers under Ministries and central agencies of political-social organizations

a) The agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations shall receive and preliminarily review the establishment dossier of vocational training centers under their jurisdiction before submitting it to the Appraisal Council.

In case the establishment dossier of the center is not valid, within five working days from the date of receipt of the dossier, the agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations shall issue a written response to the agency or organization proposing the establishment of the center, clearly stating the reasons.

b) Within five working days from the date of receiving a complete and valid dossier, the agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations shall submit the establishment dossier of the center to the Appraisal Council for appraisal;

c) The establishment, organization, and operation of the Appraisal Council shall be carried out in accordance with point c, Clause 1, Article 8 of this Circular;

d) Within fifteen working days from the date of receipt of the establishment dossier of vocational training centers sent by the agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations, the Appraisal Council shall organize the appraisal of the establishment dossier of vocational training centers.

In case the Appraisal Council concludes that the establishment dossier of the vocational training center does not meet the conditions, the agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations shall issue a written response to the agency or organization proposing the establishment of the center, clearly stating the reasons.

đ) Based on the results of the Appraisal Council's appraisal, the agency or organization proposing the establishment of the center shall perfect the establishment dossier and submit it to the agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations;

e) Time limit and authority to decide on the establishment of vocational training centers and other training facilities under the center

Within five working days from the date of receipt of the proposal for the establishment of vocational training centers and other training facilities under the center submitted by the head of the agency responsible for managing vocational training work under Ministries and central agencies of political-social organizations, the Minister or the head of the central agency of political-social organizations shall issue a decision to establish vocational training centers and other training facilities under the center.

2. For public vocational training centers under provinces and centrally-administered cities and private vocational training centers in provinces and centrally-administered cities

a) The agency, organization, or individual proposing the establishment and approval of the establishment of the center shall prepare the dossier as prescribed in Article 10 of this Circular and submit it to the Department of Labor, Invalids, and Social Affairs.

b) The Department of Labor, Invalids, and Social Affairs shall receive and preliminarily review the establishment dossier of public vocational training centers under provinces and centrally-administered cities and private vocational training centers in provinces and centrally-administered cities.

In case the establishment dossier is not valid, within five working days from the date of receipt of the dossier, the Department of Labor, Invalids, and Social Affairs shall issue a written response to the agency, organization, or individual proposing the establishment of the center, clearly stating the reasons.

c) Within five working days from the date of receiving a complete and valid dossier, the Department of Labor, Invalids, and Social Affairs shall submit the establishment dossier of the center to the Appraisal Council for appraisal;

d) The establishment, organization, and operation of the Appraisal Council shall be carried out in accordance with point đ, Clause 2, Article 8 of this Circular;

đ) Within fifteen working days from the date of receipt of the establishment dossier of vocational training centers sent by the Department of Labor, Invalids, and Social Affairs, the Appraisal Council shall organize the appraisal of the establishment dossier of vocational training centers.

e) Based on the results of the Appraisal Council's appraisal, the agency, organization, or individual proposing the establishment of the center shall perfect the establishment dossier and submit it to the Department of Labor, Invalids, and Social Affairs.

In case the Appraisal Council concludes that the establishment dossier of the vocational training center does not meet the conditions, the Department of Labor, Invalids, and Social Affairs shall issue a written response to the agency, organization, or individual proposing the establishment of the center, clearly stating the reasons.

f) Time limit and authority to decide on the establishment and approval of the establishment of vocational training centers and other training facilities under the center:

Within five working days from the date of receipt of the proposal for the establishment of vocational training centers and other training facilities under the center submitted by the Director of the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall issue a decision to establish vocational training centers and other training facilities under provincial public vocational training centers or approve the establishment of vocational training centers and other training facilities under private vocational training centers in the locality.

3. Within five working days from the date of signing the decision to establish or approve the establishment of vocational training centers and other training facilities under the center, the person with the authority as stipulated in point e, Clause 1, and point f, Clause 2, Article 11 of this Circular shall be responsible for sending the decision to establish or approve the establishment of vocational training centers and other training facilities under the center to the General Department of Vocational Training under the Ministry of Labor, Invalids, and Social Affairs for monitoring and management.

Chapter III

DIVISION, SEPARATION, MERGER, DISSOLUTION OF COLLEGE OF VOCATIONAL TRAINING, COLLEGE OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING CENTERS

Article 12. Division, Splitting, Merger of Vocational College Schools, Intermediate Vocational Schools, and Training Centers

1. The division, splitting, and merger of vocational college schools, intermediate vocational schools (hereinafter referred to collectively as "schools") and training centers (hereinafter referred to collectively as "centers") must ensure the following requirements: merging vocational colleges, intermediate vocational schools (hereinafter referred to collectively as schools) and vocational training centers (hereinafter referred to collectively as centers) must ensure the following requirements:

a) Compliance with the planning of the network of vocational training institutions nationwide for each period and the planning and development plans for the network of vocational college schools, intermediate vocational schools, and training centers of the Ministry, Central Agencies of Political and Social Organizations, and Provincial People's Committees;

b) Ensuring the rights and interests of staff, lecturers, teachers, and vocational learners;

c) Contributing to improving the quality and effectiveness of vocational training.

2. Documents for division, splitting, and merger of schools and centers:

The application documents for division, splitting, and merger of schools and centers consist of one set, including:

a) A letter from the managing agency (for public schools and centers); a letter from the Board of Directors, individual owners of the school/organization, or those who contributed capital to establish the center (for private schools and centers), clearly stating the reasons and purposes of the division, splitting, and merger of schools and centers; the main office, branch/school premises of the school and center after the merger and the new office of the school and center after the division and splitting;

b) Minutes of the meeting of the Board of Directors of the school/organization or those who contributed capital to establish the center regarding the division, splitting, and merger of schools and centers (for private schools and centers);

c) A proposal for division, splitting, and merger of schools and centers, detailing the plan for using management staff, teachers, lecturers, vocational teachers, employees, and workers of the school and center; the schedule, expected time, and implementation roadmap for the division, splitting, and merger; procedures and deadlines for asset conversion and capital contribution conversion.

3. Procedures and authority for division, splitting, and merger of vocational college schools, intermediate vocational schools, and training centers:

a) Procedures for dividing, separating, and merging vocational colleges, intermediate vocational schools, and vocational training centers

a) Procedures for division, splitting, and merger of vocational college schools, intermediate vocational schools, and training centers

The procedures for division, splitting, and merger of schools and centers to establish new schools and centers shall be carried out in accordance with Articles 5, 8, and 11 of this Circular.

b) Authority for division, splitting, and merger of vocational college schools, intermediate vocational schools, and training centers

- The division, splitting, and merger of vocational college schools or the merger of schools and centers to establish new vocational college schools shall be decided by the Minister of Labor, Invalids, and Social Affairs;

- The division, splitting, and merger of public intermediate vocational schools and training centers under the Ministry, Central Agencies of Political and Social Organizations to establish new intermediate vocational schools and training centers shall be decided by the Minister or the Head of the Central Agency of Political and Social Organizations;

- The division, splitting, and merger of public intermediate vocational schools and training centers under provincial administration and private intermediate vocational schools and training centers within the province to establish new intermediate vocational schools and training centers shall be decided by the Chairman of the Provincial People's Committee.

Article 13. Dissolution of Vocational College Schools, Intermediate Vocational Schools, and Training Centers

1. Vocational college schools, intermediate vocational schools, and training centers shall be dissolved if any of the following situations occur:

a) Serious violation of regulations on management, organization, and operation of schools and centers causing particularly serious consequences;

b) Exceeding the suspension period for vocational training activities without having fully rectified the violations;

c) Objectives, tasks, and operational content in the decision to establish or permit establishment of schools and centers no longer meet the requirements of economic and social development;

d) At the request of the organizations or individuals establishing the schools and centers;

đ) Schools and centers have reached their operational term as recorded in the charter or bylaws (if applicable).

2. Documents for dissolution of vocational college schools, intermediate vocational schools, and training centers:

The dissolution documents for vocational college schools, intermediate vocational schools, and training centers consist of one set, including:

a) The conclusion of the specialized inspection agency entrusted with the function of vocational training inspection or the agency responsible for vocational training inspection regarding the results of inspecting the actual status of the school/center or a letter requesting dissolution from the managing agency or the organization or individual proposing the establishment of the school/center, clearly stating the reasons and purposes of the dissolution of the school/center;

b) A plan to resolve the rights and interests of management staff, lecturers, vocational teachers, employees, workers, and vocational learners, and fulfill financial obligations according to the law. The dissolution of vocational college schools, intermediate vocational schools, and training centers must clarify the reasons for dissolution, measures to resolve the rights and interests of management staff, lecturers, vocational teachers, employees, workers, and vocational learners, and financial obligations according to the law.

3. Review of dissolution documents for schools and centers

a) Review of dissolution documents for vocational college schools

Within thirty working days from the date of receiving complete valid documents, the General Department of Vocational Training will review the dissolution documents for vocational college schools, submit them to the Minister of Labor, Invalids, and Social Affairs for decision on dissolution or permission to dissolve vocational college schools.

b) Review of dissolution documents for intermediate vocational schools and training centers

c) In the decision to dissolve, allowing the dissolution of the school or center, it must clearly state the reasons for dissolution, measures to ensure the rights of management staff, lecturers, vocational teachers, employees, workers, and learners; there must be a decision from the competent authority regarding the plan to handle the assets of the school or center, and such decision must be publicly announced on mass media.

Chapter IV

IMPLEMENTATION

Article 14. Responsibilities of the Vocational Training General Department

1. Guide and organize the implementation of establishment, permission to establish, division, separation, merger, and dissolution of vocational training institutions.

2. Inspect and supervise the establishment, permission to establish, division, separation, merger, and dissolution of vocational training institutions.

3. Receive and review applications for establishment, permission to establish, division, separation, merger, and dissolution of vocational college schools according to Clause 1, Clause 2, Clause 3 of Article 5; Clause 3 of Article 12; Clause 3 of Article 13 of this Circular.

Article 15. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Guide and organize the implementation of establishment, permission to establish, division, separation, merger, and dissolution of intermediate vocational schools and vocational training centers within the jurisdiction.

2. Receive and review applications for establishment, permission to establish, division, separation, merger, and dissolution of public intermediate vocational schools and vocational training centers under the province and private intermediate vocational schools and vocational training centers within the jurisdiction according to Clause 2, Clause 3 of Article 8; Clause 2, Clause 3 of Article 11; Clause 3 of Article 12; Clause 3 of Article 13 of this Circular.

3. Annually compile and report to the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs, every six months, on the situation of establishment, permission to establish, division, separation, merger, and dissolution of intermediate vocational schools and vocational training centers within the jurisdiction.

Article 16. Responsibilities of agencies assigned to manage vocational training work under Ministries, Central Agencies of Political and Social Organizations

1. Guide and organize the implementation of establishment, permission to establish, division, separation, merger, and dissolution of subordinate intermediate vocational schools and vocational training centers.

2. Receive and review applications for establishment, permission to establish, division, separation, merger, and dissolution of public subordinate intermediate vocational schools and vocational training centers according to Clause 1, Clause 3 of Article 8; Clause 1, Clause 3 of Article 11; Clause 3 of Article 12; Clause 3 of Article 13 of this Circular.

3. Annually compile and report to the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs, every six months, on the situation of establishment, division, separation, merger, and dissolution of subordinate intermediate vocational schools and vocational training centers.

Article 17. Responsibilities of vocational college schools, intermediate vocational schools, and vocational training centers

Within two years (twenty-four months) from the date of the decision to establish or permit establishment for vocational colleges and within one year (twelve months) for intermediate vocational schools and vocational training centers, if the school or center cannot prepare necessary conditions including physical facilities, teaching and learning equipment, teaching staff, management personnel, vocational training programs, and other quality assurance conditions to operate vocational training activities as prescribed, then the competent authority that established or permitted establishment of the school or center shall revoke the decision to establish or permit establishment of the school or center.

Article 18. Effective Date

1. This Circular takes effect from November 4, 2011, and abolishes Decision No. 71/2008/QĐ-BLĐTBXH dated December 30, 2008, issued by the Minister of Labor, Invalids and Social Affairs on regulations concerning the establishment, permission to establish, division, separation, merger, and dissolution of vocational colleges, intermediate vocational schools, and vocational training centers.

2. During the implementation process, any arising issues or difficulties (if any) should be promptly reflected to the Ministry of Labor, Invalids and Social Affairs for research, supplementation, and amendment./.