Decree No. 24/2022/ND-CP Amending and supplementing decrees on conditions for investment and operation in the vocational education sector

DECREE

Amending and supplementing Decrees on investment conditions

and activities in the vocational education sector

_____________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Investment Law dated January 17 May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree amending and supplementing Decrees on investment conditions and activities in the vocational education sector.

Article 1. Amending and supplementing some articles of Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government on investment conditions and activities in the vocational education sector which has been amended and supplemented some articles according to Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing Decrees related to investment conditions and business procedures under the management of the Ministry of Labor, Invalids and Social Affairs.

1. Amend and supplement Clause 3 of Article 1 as follows:

"3. Conditions and procedures for establishing, splitting, dividing, merging, and dissolving vocational education institutions with foreign investment capital shall be implemented in accordance with Chapter III of Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing certain provisions and measures to implement the Vocational Education Law."

2. Supplement Clause 5 to Article 2 as follows:

"5. Vocational education and training centers - general education centers."

3. Amending and supplementing Clause 3 of Article 3 (which has been amended and supplemented according to Clause 1 of Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

"3. Having a construction site ensuring the minimum land area usage for vocational education centers at 1,000 m²; secondary vocational schools at 10,000 m² in urban areas or 20,000 m² in non-urban areas; higher vocational schools at 20,000 m² in urban areas or 40,000 m² in non-urban areas.

In cases where the construction site of secondary vocational schools or higher vocational schools has both land usage areas in urban and non-urban areas, the land area shall be converted according to the corresponding ratio between urban and non-urban land areas, which is 1:2."

4. Amending and supplementing Clause 1 of Article 6 (which has been amended and supplemented according to Clause 2 of Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

a) Amending and supplementing Point d as follows:

"d) A copy of the certificate of land use rights or decision on land allocation or lease for the construction of vocational education institutions issued by the provincial People's Committee, accompanied by a copy of the receipt (land use fee or land lease fee payment) or evidence of completion of financial obligations regarding land use according to regulations.

A copy of the lease contract for facilities attached to the land with a term of at least five years from the date of submission of the application for leasing facilities attached to the land and proof of the right to use or ownership of the lessor."

b) Supplementing Points đ, e, and g to Clause 1 as follows:

"đ) A copy of the approval document for the investment proposal, investment decision, or document approving or allocating public investment plans or document approving the final account of completed investment construction projects of public vocational education institutions by competent authorities;

e) A document confirming the financial capacity for investing in the construction of private vocational education institutions by competent authorities;

g) A copy of the document proving ownership of assets accompanied by a valuation document if the contribution is made in assets."

5. Amending and supplementing Article 8 as follows:

“Article 8. Procedures for Establishing and Approving the Establishment of Vocational Education Institutions

1. Receiving and Examining Applications for Establishing and Approving the Establishment of Vocational Education Institutions

a) Individuals, organizations, or entities proposing to establish or approve the establishment of vocational education institutions shall submit their applications in accordance with Article 6 of this Decree through the online public service portal, postal services, or directly to the agencies or organizations specified in points b, c, and d of this clause.

b) The General Department of Vocational Education receives applications for establishing and approving the establishment of college-level institutions.

c) The Personnel and Cadres Department or specialized agencies under ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations receive applications for establishing vocational training centers and public intermediate-level schools directly under ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations.

d) The Department of Labor, Invalids, and Social Affairs receives applications for establishing vocational training centers and public intermediate-level schools directly under provincial-level administrative units or centrally-administered cities; applications for approving the establishment of private vocational training centers and intermediate-level schools within their jurisdiction.

đ) Within three working days from the date of receiving the application, the agencies or organizations specified in points b, c, and d of this clause shall conduct preliminary examination of the application for establishing and approving the establishment of vocational education institutions. If the application is valid, it will be sent to the Appraisal Board for Establishing and Approving the Establishment of Vocational Education Institutions (hereinafter referred to as the Appraisal Board) for further appraisal. If the application is invalid, a written response detailing the reasons will be issued.

2. Appraising Applications for Establishing and Approving the Establishment of Vocational Education Institutions

a) The Appraisal Board organizes the appraisal of applications for establishing and approving the establishment of vocational education institutions.

b) The authority responsible for establishing and approving the establishment of vocational education institutions as stipulated in Article 7 of this Decree decides on the formation of the Appraisal Board and issues regulations governing its organization and operation.

c) The Appraisal Board for establishing and approving the establishment of college-level institutions is chaired by the Director-General of the General Department of Vocational Education, with members being representatives from the following agencies: Ministry of Planning and Investment, Ministry of Finance, Ministry of Home Affairs, People's Committee of the province where the college is headquartered, and some specialized units under the Ministry of Labor, Invalids, and Social Affairs.

d) The Appraisal Board for establishing vocational training centers and public intermediate-level schools directly under ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations is chaired by the head of the Personnel and Cadres Department or specialized agencies under ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations, with members being representatives from related units under ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations.

đ) The Appraisal Board for establishing vocational training centers and public intermediate-level schools directly under provinces and approving the establishment of private vocational training centers and intermediate-level schools within the province is chaired by the leader of the Provincial People's Committee or a person authorized by them, with members being representatives from specialized agencies under the Provincial People's Committee, including the Department of Labor, Invalids, and Social Affairs, Department of Planning and Investment, Department of Finance, Department of Home Affairs, and other relevant agencies.

e) Within five working days from the date of receipt of the application for establishing and approving the establishment of vocational education institutions, the Appraisal Board organizes the appraisal of such applications.

g) Based on the conclusion of the Appraisal Board (announced at the appraisal meeting), within three working days from the date of the appraisal, the agencies or organizations specified in points b, c, and d of Clause 1 of this Article shall issue a written notification of the appraisal results to the proposing individuals, organizations, or entities.

3. Decision on Establishing and Approving the Establishment of Vocational Education Institutions

a) In cases where the application for establishing and approving the establishment of vocational education institutions meets the conditions according to the Appraisal Board's conclusion, within five working days from the date of the appraisal conclusion, the agencies or organizations specified in points b, c, and d of Clause 1 of this Article shall submit to the authority responsible for establishing and approving the establishment of vocational education institutions as stipulated in Article 7 of this Decree for a decision to establish public vocational education institutions and approve the establishment of private vocational education institutions using Model No. 04 of Appendix I attached to this Decree. If the decision is not made to establish or approve the establishment, a written response detailing the reasons will be issued.

b) In cases where the application for establishing and approving the establishment of vocational education institutions meets the conditions but requires completion according to the Appraisal Board's conclusion, within five working days from the date of receipt of the completed application, the agencies or organizations specified in points b, c, and d of Clause 1 of this Article shall submit to the authority responsible for establishing and approving the establishment of vocational education institutions as stipulated in Article 7 of this Decree for a decision to establish public vocational education institutions and approve the establishment of private vocational education institutions using Model No. 04 of Appendix I attached to this Decree. If the decision is not made to establish or approve the establishment, a written response detailing the reasons will be issued.

4. Publicizing and Sending the Decision on Establishing and Approving the Establishment of Vocational Education Institutions

a) The Ministry of Labor, Invalids, and Social Affairs; ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations; and Provincial People's Committees shall publicize the decision on establishing and approving the establishment of vocational education institutions on their respective websites.

b) Within two working days from the date of issuance of the decision to establish a college, the Ministry of Labor - Invalids and Social Affairs shall send the decision to the management agency of the college, the People's Committee of the province where the main office or branch of the college is located for monitoring and management;

c) Within two working days from the date of issuance of the decision to establish a vocational education center or a public secondary technical school directly under a ministry, an equivalent ministry-level agency, a government agency, or a central agency of a political-social organization, such agencies shall send the decision to the Ministry of Labor - Invalids and Social Affairs (General Department of Vocational Education) and the People's Committee of the province where the main office of the vocational education center or the secondary technical school is located for monitoring and management;

d) Within two working days from the date of issuance of the decision to establish a vocational education center or a public secondary technical school directly under a ministry, or the decision to permit the establishment of a private secondary technical school on the territory, the People's Committee of the province shall send the decision to the Ministry of Labor - Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management.”

6. Amend and supplement Article 9 (which has been amended and supplemented according to the provisions of Clause 3, Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

“Article 9. Conditions, procedures, and formalities for establishing and permitting the establishment of branches of secondary technical schools and colleges

1. Conditions for establishing and permitting the establishment of branches

a) Having a location for constructing physical facilities and investment capital for establishing and permitting the establishment of branches of secondary technical schools and colleges, which must be at least 25% of the minimum land area usage and investment capital for establishing and permitting the establishment of secondary technical schools and colleges as stipulated in Clause 3 and Clause 4, Article 3 of this Decree;

b) The location of the branch must be in a different province or centrally-administered city from the location of the main office of the secondary technical school or college.

2. Documents for establishing and permitting the establishment of branches of secondary technical schools and colleges consist of one set, including:

a) Documents as prescribed in Points a, c, d, đ, e, and g of Clause 1, Article 6 of this Decree;

b) A proposal for establishing a branch of a secondary technical school or college according to Model No. 03 of Appendix I issued together with this Decree.

3. Authority to establish and permit the establishment of branches of secondary technical schools and colleges

The person authorized to establish and permit the establishment of secondary technical schools and colleges as stipulated in Article 7 of this Decree shall have the authority to decide on establishing and permitting the establishment of branches of secondary technical schools and colleges.

4. Procedures and formalities for establishing and permitting the establishment of branches of secondary technical schools and colleges

a) Secondary technical schools and colleges submit applications for establishing and permitting the establishment of branches through the online public service gateway or postal service or directly to the agencies or organizations as prescribed in Points b, c, and d of this clause;

b) The General Department of Vocational Education receives applications for establishing and permitting the establishment of branches of colleges;

c) The Department (Board) of Organization and Cadres or specialized agencies under ministries, equivalent ministries, government agencies, or central agencies of political-social organizations receive applications for establishing branches of public secondary technical schools directly under ministries, equivalent ministries, government agencies, or central agencies of political-social organizations;

d) The Department of Labor - Invalids and Social Affairs receives applications for establishing branches of public secondary technical schools directly under provinces or centrally-administered cities; applications for permitting the establishment of branches of private secondary technical schools on the territory;

đ) Within seven working days from the date of receipt of the application, the agencies or organizations as prescribed in Points b, c, and d of this clause shall review the documents for establishing and permitting the establishment of branches of secondary technical schools and colleges and submit them to the authorized person as stipulated in Clause 3 of this Article for deciding on establishing and permitting the establishment of branches of secondary technical schools and colleges according to Model No. 04 of Appendix I issued together with this Decree. In case the application is not valid or the decision is not made to establish or permit the establishment of a branch, a written response stating the reasons shall be provided.

5. Publicizing and sending decisions on establishing and permitting the establishment of branches of secondary technical schools and colleges

a) The Ministry of Labor - Invalids and Social Affairs; ministries, equivalent ministries, government agencies, or central agencies of political-social organizations; provincial People's Committees shall publicize decisions on establishing and permitting the establishment of branches of secondary technical schools and colleges on their own electronic information websites;

b) Within two working days from the date of issuance of the decision to establish a branch of a college, the Ministry of Labor - Invalids and Social Affairs shall send the decision to the management agency of the college and the People's Committee of the province where the college's branch is located for monitoring and management;

c) Within two working days from the date of issuance of the decision to establish a branch of a public secondary technical school directly under a ministry, an equivalent ministry, a government agency, or a central agency of a political-social organization, such agencies shall send the decision to the Ministry of Labor - Invalids and Social Affairs (General Department of Vocational Education) and the People's Committee of the province where the secondary technical school's branch is located for monitoring and management;

d) Within two working days from the date of issuance of the decision to establish a branch of a public secondary technical school directly under a ministry or the decision to permit the establishment of a branch of a private secondary technical school on the territory, the People's Committee of the province shall send the decision to the Ministry of Labor - Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management.”

7. Amend and supplement Article 10 (which has been amended and supplemented according to the provisions of Clause 4, Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

a) Amend and supplement Points a and b Clause 2 as follows:

"a) The proposal document for division, separation, or merger of public vocational education institutions submitted by the managing agency; the proposal document for division, separation, or merger of private vocational education institutions submitted by the owner organization or board of directors according to Model No. 01 in Appendix II issued together with this Decree;"

"b) The project for division, separation, or merger of vocational education institutions according to Model No. 02 in Appendix II issued together with this Decree;"

b) Amend and supplement Clause 3 as follows:

"3. Authority for division, separation, or merger of vocational education institutions"

"a) The person authorized to establish or permit the establishment of vocational education institutions as stipulated in Article 7 of this Decree has the authority to decide on division, separation, or merger or to permit division, separation, or merger of vocational education institutions;"

"b) The Minister of Labor, Invalids, and Social Affairs has the authority to decide on the merger of vocational training centers and secondary vocational schools into higher vocational colleges;"

"c) The Minister of Labor, Invalids, and Social Affairs has the authority to decide on the merger of vocational training centers and continuing education centers into higher vocational colleges after receiving a written proposal from the competent authority regarding the restructuring of vocational training centers and continuing education centers in accordance with the Education Law and related guiding documents;"

c) Amend and supplement Clause 4 as follows:

"4. Procedures and formalities for division, separation, or merger of vocational education institutions"

"a) The agency, organization, or individual proposing division, separation, or merger of vocational education institutions shall submit the dossier in accordance with Clause 2 of this Article through the online public service portal or postal service or directly to the agencies or organizations specified in Points b, c, and d of Clause 1 of Article 8 of this Decree;"

"b) Within ten working days from the date of receipt of the dossier, the agencies or organizations specified in Points b, c, and d of Clause 1 of Article 8 of this Decree shall review the dossier for division, separation, or merger of vocational education institutions and submit it to the authorized person specified in Clause 3 of this Article to make a decision on division, separation, or merger or permission for division, separation, or merger of vocational education institutions according to Model No. 03 in Appendix II issued together with this Decree. In case the dossier is not valid or there is no decision on division, separation, or merger or permission for division, separation, or merger, a written response must be provided with clear reasons;"

"d) Supplement Clause 5 to Article 10 as follows:"

"5. Publicizing and sending decisions on division, separation, or merger, permission for division, separation, or merger of vocational education institutions"

"a) The Ministry of Labor, Invalids, and Social Affairs; ministries, ministerial-level agencies, government agencies, central agencies of political and social organizations; provincial People's Committees shall publicize decisions on division, separation, or merger, permission for division, separation, or merger of vocational education institutions on their own electronic information websites;"

"b) Within two working days from the date of issuance of the decision on division, separation, or merger of public higher vocational colleges or the decision permitting division, separation, or merger of private higher vocational colleges, the Ministry of Labor, Invalids, and Social Affairs shall send the decision to the management agency of the higher vocational college and the provincial People's Committee where the higher vocational college is located for monitoring and management;"

"c) Within two working days from the date of issuance of the decision on division, separation, or merger of public vocational training centers and secondary vocational schools under ministries, ministerial-level agencies, government agencies, central agencies of political and social organizations, these agencies shall send the decision to the Ministry of Labor, Invalids, and Social Affairs (General Department of Vocational Education) and the provincial People's Committee where the vocational training center or secondary vocational school is located for monitoring and management;"

"d) Within two working days from the date of issuance of the decision on division, separation, or merger of public vocational training centers and secondary vocational schools under ministries, ministerial-level agencies, government agencies, central agencies of political and social organizations or the decision permitting division, separation, or merger of private vocational training centers and secondary vocational schools within the territory, the provincial People's Committee shall send the decision to the Ministry of Labor, Invalids, and Social Affairs (General Department of Vocational Education) for monitoring and management;"

"8. Amend and supplement Clause 3, Point a of Clause 4, and Clause 5 of Article 11 as follows:"

a) To amend and supplement Clause 3 as follows:

"3. The dissolution dossier for vocational education institutions in cases stipulated in Clause 2 of Article 21 of the Vocational Education Law consists of one set, including:"

"a) The proposal document for dissolution of public vocational education institutions submitted by the managing agency; the proposal document for dissolution of private vocational education institutions submitted by the owner organization or board of directors according to Model No. 01 in Appendix III issued together with this Decree;"

"b) The project for dissolution of vocational education institutions according to Model No. 02 in Appendix III issued together with this Decree;"

b) Amend and supplement Point a of Clause 4 as follows:

"a) The agency, organization, or individual proposing dissolution of vocational education institutions shall submit the dossier in accordance with Clauses 2 and 3 of this Article through the online public service portal or postal service or directly to the agencies or organizations specified in Points b, c, and d of Clause 1 of Article 8 of this Decree."

"Within fifteen working days from the date of receipt of the dossier, the agencies or organizations specified in Points b, c, and d of Clause 1 of Article 8 of this Decree shall examine the dossier and submit it to the authorized person specified in Point d of Clause 4 of this Article to make a decision on dissolution or permission for dissolution of vocational education institutions according to Model No. 03 in Appendix III issued together with this Decree. In case the dossier is not valid or there is no decision on dissolution or permission for dissolution, a written response must be provided with clear reasons;"

c) Amending and supplementing Clause 5 as follows:

"5. Publicizing and sending decisions on dissolution or permission for dissolution of vocational education institutions"

"a) The Ministry of Labor, Invalids, and Social Affairs; ministries, ministerial-level agencies, government agencies, central agencies of political and social organizations; provincial People's Committees shall publicize decisions on dissolution or permission for dissolution of vocational education institutions on their own electronic information websites;"

"b) Within two working days from the date of issuance of the decision on dissolution or permission for dissolution of higher vocational colleges, the Ministry of Labor, Invalids, and Social Affairs shall send the decision to the management agency of the higher vocational college and the provincial People's Committee where the higher vocational college was located before dissolution or its branch for monitoring and management;"

c) Within two working days from the date of issuing the decision to dissolve the vocational education center or the public junior college directly under the ministry, agency equivalent to a ministry, government agency, or central agency of political-social organizations, such agencies shall send the decision to the Ministry of Labor, Invalids and Social Affairs (General Department of Vocational Education) and the People's Committee of the province where the vocational education center or the junior college was headquartered before dissolution for monitoring and management;

d) Within two working days from the date of issuing the decision to dissolve the vocational education center or the public junior college directly under the ministry, or the decision allowing the dissolution of the private vocational education center or private junior college within its jurisdiction, the People's Committee of the province shall send the decision to the Ministry of Labor, Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management.”

9. Amend and supplement Article 13 (which has been amended and supplemented according to the provisions of Clause 5, Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

“Article 13. Changing the Name of Vocational Education Institutions

1. The application dossier for changing the name of a vocational education institution consists of one set, including: A request for name change issued by the managing authority for public vocational education institutions; a request for name change issued by the organization or individual owner or board of directors for private vocational education institutions, in accordance with Model No. 01 attached as Appendix IV to this Decree.

2. Procedures, formalities, and authority for changing the name of a vocational education institution

a) The entity, organization, or individual requesting the name change of a vocational education institution shall submit the application dossier in accordance with Clause 1 of this Article through the online public service gateway or postal service, or directly to the authorities or organizations specified in Points b, c, and d of Clause 1 of Article 8 of this Decree;

b) Within three working days from the date of receipt of the application dossier for changing the name of a vocational education institution, the authorities or organizations specified in Points b, c, and d of Clause 1 of Article 8 of this Decree shall present the dossier to the authorized person specified in Point c of this Clause to decide on the name change or permission to change the name of the vocational education institution, in accordance with Model No. 02 attached as Appendix IV to this Decree. In case of not deciding to change the name or grant permission to change the name, a written response stating the reasons shall be provided;

c) The authorized person to establish or permit the establishment of a vocational education institution as stipulated in Article 7 of this Decree has the right to decide on the name change or permission to change the name of the vocational education institution;

d) Publicizing and sending the decision on changing the name or permission to change the name of a vocational education institution

The Ministry of Labor, Invalids and Social Affairs; ministries, agencies equivalent to ministries, government agencies, or central agencies of political-social organizations; and the People's Committees of provinces shall publicize the decision on changing the name or permission to change the name of a vocational education institution on their respective websites.

Within two working days from the date of issuance of the decision to change the name or permission to change the name of a college, the Ministry of Labor, Invalids and Social Affairs shall send the decision to the managing authority of the college and the People's Committee of the province where the college is headquartered or has a branch for monitoring and management.

Within two working days from the date of issuance of the decision to change the name of a vocational education center or a public junior college directly under the ministry, or the decision permitting the name change of a vocational education center or a public junior college directly under the ministry, ministries, agencies equivalent to ministries, government agencies, or central agencies of political-social organizations shall send the decision to the Ministry of Labor, Invalids and Social Affairs (General Department of Vocational Education) and the People's Committee of the province where the vocational education center or the junior college is headquartered, or where the junior college has a branch for monitoring and management.

Within two working days from the date of issuance of the decision to change the name of a vocational education center or a public junior college directly under the ministry, or the decision permitting the name change of a vocational education center or a private junior college within its jurisdiction, the People's Committee of the province shall send the decision to the Ministry of Labor, Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management.

3. After changing the name, the vocational education institution may continue to train professions that have been approved by the competent authority in the certificate of registration for vocational education activities or the supplementary certificate of registration for vocational education activities.

10. Amend the title of Article 14 and supplement Clause 3 to Article 14 as follows:

a) Amend the title of Article 14 as follows:

“Article 14. Conditions for issuing a certificate of registration for vocational education activities and autonomous decision-making to open training fields and occupations”.

b) Supplement Clause 3 to Article 14 as follows:

“3. Autonomous decision-making to open training fields and occupations

Vocational education institutions specified in Clause 2 of Article 25 of the Law on Vocational Education, when having a decision from the competent authority granting financial autonomy, shall be entitled to autonomously decide to open training fields and occupations (excluding those in the health, security, and defense sectors) if they meet the conditions stipulated in Clauses 1 and 2 of this Article and satisfy the following requirements:

a) Recognized by the competent agency or organization as meeting the quality assurance standards for vocational education institutions;

b) The intermediate-level and higher vocational training fields and occupations must be included in the list of intermediate-level and higher vocational training fields and occupations issued by the Minister of Labor, Invalids and Social Affairs;

c) For self-determined basic-level vocational occupations, they must belong to the same group of basic-level vocational occupations and at least one occupation in that group has been granted a certificate of registration for vocational education activities; for self-determined intermediate-level and higher vocational training fields and occupations, they must belong to the same Group III coded vocational training fields and occupations and at least one field or occupation in that group has been granted a certificate of registration for vocational education activities;

d) Established a school council for intermediate-level colleges and higher-level colleges;

đ) Issued regulations on organizational structure and operation; internal management regulations of the vocational education institution;

e) Publicly disclose the conditions ensuring the organization of vocational education activities, the results of vocational education quality assurance, the graduation employment rate of students, and other information on the institution's website;

g) Thirty days before organizing training, the college must report to the General Department of Vocational Education; the intermediate-level college and vocational education center must report to the Department of Labor, Invalids and Social Affairs where the vocational education activities are organized according to Model No. 02 and Model No. 03 in Appendix V accompanying this Decree;

h) Within a period of 24 months from the date of autonomous decision-making to open training fields and occupations, the vocational education institution shall not violate regulations to the extent of being handled by the competent authority with one of the following measures: Suspension of vocational education activities; cessation of admissions and training; revocation of the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities; deprivation of the right to use the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities;

i) A vocational education institution suspended from vocational education activities due to non-compliance with the conditions stipulated in this Clause shall not be allowed to make an autonomous decision to open training fields and occupations within a period of 24 months from the date of the violation conclusion by the competent authority;

k) Immediately after the first graduating class of intermediate-level and higher vocational training programs, the intermediate-level college and higher-level college must conduct a quality assurance assessment of the training program for the training fields and occupations autonomously decided to open. If the standard is not met, the institution shall not continue to admit students or train until it meets the quality assurance standard for the training program.”

11. Amend and supplement Article 15 (which has been amended and supplemented according to Clause 7 of Article 5 and Clause 5 of Article 6 of Decree No. 140/2018/NĐ-CP) as follows:

“Article 15. Documents for Registration of Vocational Education Activities

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

1. A registration document for vocational education activities according to Model No. 04 of Appendix V issued together with this Decree.

2. A report on registration of vocational education activities according to Model No. 05 of Appendix V issued together with this Decree.

3. A copy of the decision on establishment, permission for establishment of a secondary college, vocational education center, vocational education center - regular education, or investment registration certificate (if any) of the enterprise for cases of registering vocational education activities in a province or city different from the location of its main office.”

12. Amending and supplementing Article 16 as follows:

“Article 16. Authority to Issue Certificates of Registration for Vocational Education Activities

1. The General Department of Vocational Education shall issue certificates of registration for vocational education activities for colleges.

2. The Department of Labor, Invalids and Social Affairs shall issue certificates of registration for vocational education activities for secondary colleges, vocational education centers, vocational education centers - regular education, and enterprises.”

13. Amending and supplementing Article 17 as follows:

“Article 17. Procedures and Formalities for Registration and Issuance of Certificates of Registration for Vocational Education Activities

1. For Colleges

a) Submit the documents for registration of vocational education activities as prescribed in Article 15 of this Decree through the online public service gateway or postal service or directly to the General Department of Vocational Education;

b) Within ten working days from the date of receipt of the documents, the General Department of Vocational Education shall examine the documents and issue a certificate of registration for vocational education activities according to Model No. 06 of Appendix V issued together with this Decree. In case of not issuing the certificate, a written response stating the reasons shall be provided;

c) Within two working days from the date of issuance of the certificate of registration for vocational education activities, the General Department of Vocational Education shall publicly disclose the certificate on its electronic information website, update the database on registration of vocational education activities, and send the certificate to the Department of Labor, Invalids and Social Affairs where the college conducts vocational education activities for monitoring and management.

2. For Secondary Colleges, Vocational Education Centers, Vocational Education Centers - Regular Education, and Enterprises

a) Submit the documents for registration of vocational education activities as prescribed in Article 15 of this Decree through the online public service gateway or postal service or directly to the Department of Labor, Invalids and Social Affairs where the vocational education activities are organized;

b) Within ten working days from the date of receipt of the documents, the Department of Labor, Invalids and Social Affairs shall examine the documents and issue a certificate of registration for vocational education activities according to Model No. 06 of Appendix V issued together with this Decree. In case of not issuing the certificate, a written response stating the reasons shall be provided;

c) Within two working days from the date of issuance of the certificate of registration for vocational education activities, the Department of Labor, Invalids and Social Affairs shall publicly disclose the certificate on its electronic information website, update the database on registration of vocational education activities, and send the certificate to the General Department of Vocational Education for monitoring and management.”

14. Amend and supplement Article 18 (which has been amended and supplemented according to Clause 8 of Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

“Article 18. Cases for registering additional vocational education activities

Vocational education institutions, vocational training centers - regular education, and enterprises that have been granted certificates to operate vocational education at their main offices may register additional vocational education activities in the following cases:

1. Adding new training fields, trades, and levels (except for cases where they independently decide to open training fields and trades according to the provisions of Clause 3, Article 14 of this Decree).

2. Exceeding 10% of the total annual enrollment capacity of the same group of training fields and trades at each location specified in the certificate of registration for vocational education activities or the certificate of registration for additional vocational education activities.

3. Dividing, splitting, or merging vocational education institutions, vocational training centers - regular education, and enterprises.

4. Establishing branch offices with training organizations or adding training locations outside the locations specified in the certificate of registration for vocational education activities or the certificate of registration for additional vocational education activities.

5. Moving the main office or branch office or training location to another place, where the branch office or training location is the direct training site.

6. Changing the name of the enterprise.”

15. Amend and supplement Article 19 (which has been amended and supplemented according to the provisions of Clause 9, Article 5 of Decree No. 140/2018/NĐ-CP) as follows:

“Article 19. Documents for registering additional vocational education activities

1. The documents for registering additional vocational education activities as stipulated in Clauses 1, 2, 3, and 4 of Article 18 of this Decree consist of 01 set, including:

a) A registration document for additional vocational education activities according to Model No. 07 of Appendix V issued together with this Decree;

b) A report on registering additional vocational education activities according to Model No. 08 of Appendix V issued together with this Decree;

c) A copy of the decision on establishment or permission to establish a college-level institution, vocational training center, vocational training center - regular education, or investment registration certificate (if any) of the enterprise, or a copy of the decision on establishing a branch of a college-level institution for the case of registering additional vocational education activities in a different province or city from the main office location;

d) An agreement document from the Department of Labor - Invalids and Social Affairs of the locality where the college supplements a new training location as stipulated in Clause 4 of Article 18 of this Decree.

2. The documents for registering additional vocational education activities as stipulated in Clause 5 of Article 18 of this Decree consist of 01 set, including:

a) Documents as prescribed in Points a, b, and c of Clause 1 of this Article;

b) A copy of the document from the competent authority regarding the transfer of the main office or branch office or training location.

3. The documents for registering additional vocational education activities as stipulated in Clause 6 of Article 18 of this Decree consist of 01 set, including:

a) A registration document for additional vocational education activities according to Model No. 07 of Appendix V issued together with this Decree;

b) A copy of the document from the competent authority regarding the change of the enterprise's name,”.

16. Amend and supplement Article 20 as follows:

“Article 20. Conditions, procedures, formalities, and authority for issuing certificates of registration for additional vocational education activities

1. Conditions for issuing certificates of registration for additional vocational education activities as stipulated in Clause 1 and Clause 2 of Article 14 of this Decree.

2. Procedures and formalities for registering additional vocational education activities

a) Vocational education institutions, vocational training centers - regular education, and enterprises submit the documents as prescribed in Article 19 of this Decree through the online public service portal or postal service or directly to the competent authority as stipulated in Clause 3 of this Article;

b) Procedures and formalities for issuing certificates of registration for additional vocational education activities

For the cases stipulated in Clauses 1, 2, 3, 4, and 5 of Article 18 of this Decree: The General Department of Vocational Education will review the documents according to Point b and Point c of Clause 1, and Point b and Point c of Clause 2 of Article 17 of this Decree; issue the certificate of registration for additional vocational education activities according to Model No. 09 of Appendix V issued together with this Decree. If the certificate is not issued, a reply letter specifying the reasons will be provided.

For the case stipulated in Clause 6 of Article 18 of this Decree: Within 03 working days from the date of receiving the documents, the Department of Labor - Invalids and Social Affairs of the locality where the enterprise organizes vocational education activities will review the documents and issue the certificate of registration for additional vocational education activities according to Model No. 09 of Appendix V issued together with this Decree. If the certificate is not issued, a reply letter specifying the reasons will be provided.

3. The authority responsible for issuing certificates of registration for vocational education activities as stipulated in Article 16 of this Decree has the right to issue certificates of registration for additional vocational education activities.”.

17. Amend and supplement Article 21 as follows:

“Article 21. Suspension of Vocational Education Activities

1. Vocational education institutions, vocational education centers - continuing education centers, and enterprises shall have their vocational education activities suspended in the following cases:

a) Violating one of the cases stipulated in points a, b, and c of Clause 1, Article 20 of the Vocational Education Law;

b) Organizing vocational education activities according to the vocational education activity registration certificate or supplementary registration certificate for vocational education activities issued beyond the authority;

c) Not publicly disclosing the conditions ensuring the organization of vocational education activities for training programs after obtaining the vocational education activity registration certificate or supplementary registration certificate for vocational education activities from the competent authority on their own website; not sending the results of the public disclosure to the Department of Labor - Invalids and Social Affairs where the vocational education activities take place;

d) Not updating vocational education certificates and qualifications issued by their own institution on the Certificate Search Information Website at http://vanbang.gdnn.gov.vn.

2. Procedures for suspending vocational education activities

a) The competent authority issuing the vocational education activity registration certificate as stipulated in Article 16 of this Decree shall organize inspections to assess the level of violation of vocational education institutions, vocational education centers - continuing education centers, and enterprises;

b) Based on the level of violation, the competent authority as stipulated in Article 16 of this Decree decides to suspend vocational education activities;

c) For violations stipulated in point b of Clause 1 of this Article, the inspection agency decides to suspend or recommends the competent authority issuing the registration certificate for vocational education activities to suspend;

d) The decision to suspend vocational education activities shall be made according to the model prescribed in Appendix VI attached to this Decree and must clearly specify the reasons for suspension, the duration of suspension, measures to ensure the legitimate interests of students, teachers, managers, staff, and workers. The decision to suspend vocational education activities shall be publicly announced through mass media, the website of the suspended institution, and the website of the decision-making authority;

đ) After the suspension period, if the cause leading to the suspension has been resolved, the authorized person deciding the suspension shall issue a decision allowing the resumption of vocational education activities.”

18. Amend and supplement Clause 1 and point b of Clause 2 of Article 22 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Vocational education institutions, vocational education centers - continuing education centers, and enterprises shall have their vocational education activity registration certificates or supplementary registration certificates for vocational education activities revoked when one of the following situations occurs:

a) Violating regulations on organizing vocational education activities causing serious consequences;

b) Exceeding the suspension period for vocational education activities due to violations stipulated in Article 21 of this Decree without resolving the cause leading to the suspension;

c) Violating vocational education laws and regulations subject to administrative penalties requiring revocation;

d) Not organizing vocational education activities within 24 months from the date of issuance of the vocational education activity registration certificate or supplementary registration certificate for vocational education activities;

đ) Other cases as prescribed by law.”

b) Amending and supplementing Point b Clause 2 as follows:

“b) Within five working days from the date of receiving the results of the inspection and assessment of the level of violation and the reasons for revocation, the competent authority as stipulated in Article 16 of this Decree shall decide to revoke the vocational education activity registration certificate or supplementary registration certificate for vocational education activities. The revocation decision shall be publicly announced through mass media, the website of the revoked institution, the website of the decision-making authority, and notified to relevant agencies for coordination in implementation;”

19. Amend and supplement Article 24 as follows:

“Article 24. Implementation Organization

1. The Ministry of Labor - Invalids and Social Affairs is the central state management agency for vocational education with the responsibility to

a) Prescribe the management and organization of training in online or blended learning formats;

b) Direct the General Department of Vocational Education to

Guide the flexible scale of annual admissions between different professions, training levels specified in the vocational education activity registration certificate or supplementary registration certificate for vocational education activities;

Annually conduct post-inspections of the conditions ensuring the organization of vocational education activities of colleges after issuing the vocational education activity registration certificate or supplementary registration certificate for vocational education activities;

Guide the updating of data on vocational education activity registrations;

Guide, inspect, supervise the implementation of regulations on investment conditions and activities in the field of vocational education, handle violations according to this Decree and related laws;

2. Ministries and central agencies of political-social organizations have the responsibility to

a) Direct, urge, and monitor the implementation of regulations on investment conditions and activities in the field of vocational education under their management authority;

b) Regularly report every six months and annually on the implementation of regulations on investment conditions and activities in the field of vocational education under their management authority according to Model 01 in Appendix VII attached to this Decree to the Ministry of Labor - Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management;

c) Inspect and supervise the implementation of regulations on investment conditions and activities in the field of vocational education within their authority, handle violations according to this Decree and related laws;

3. Provincial People's Committees have the responsibility to

a) Direct the Department of Labor, Invalids and Social Affairs and specialized agencies under the provincial People's Committee to inspect and check the implementation of regulations on investment conditions and activities in the vocational education sector within their authority and handle violations according to this Decree and relevant laws;

b) Direct the Department of Labor, Invalids and Social Affairs:

To conduct post-inspection of organizational conditions for vocational education activities of secondary vocational schools, vocational training centers, vocational training centers - general education, enterprises after issuing certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities;

Report periodically every six months annually on the implementation of regulations on investment conditions and activities in the vocational education sector under their management according to Model No. 01, Model No. 02 in Appendix VII issued together with this Decree to the General Department of Vocational Education for monitoring and management;

4. Vocational education institutions, vocational training centers - general education, enterprises that have registered for vocational education activities shall be responsible for:

a) Private vocational education institutions and vocational education institutions with foreign investment capital shall develop a roadmap to prepare self-sufficient conditions for deciding to open majors and training programs according to Clause 3, Article 14 of this Decree to ensure that from January 1, 2024, if they meet the conditions, they can implement self-sufficiency in deciding to open majors and training programs as prescribed;

b) Within thirty-six months for secondary vocational schools and colleges and twenty-four months for vocational training centers, from the date the establishment decision or permission to establish takes effect, secondary vocational schools, colleges, and vocational training centers must register for vocational education activities;

c) Within twenty-four months from the date of issuance of the certificate of registration for vocational education activities, certificate of supplementary registration for vocational education activities, vocational education institutions, vocational training centers - general education, enterprises must organize training activities according to the certificates issued by competent authorities;

d) Vocational education institutions that have been issued certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities may flexibly adjust the scale of admissions per year among majors and training programs at the same level within the same group of majors and training programs coded at Level III or between basic-level occupations with the same name as higher-level college and intermediate-level training programs or among basic-level occupations within the same group of basic-level training programs when meeting the conditions for ensuring registration for vocational education activities for each major and training program after flexible adjustment according to Clause 1 and Clause 2, Article 14 of this Decree;

The scale of admissions per year for majors and training programs after flexible adjustment shall not exceed ten percent of the total scale of admissions per year for all majors and training programs within the same group of majors and training programs at each training location specified in the certificate of registration for vocational education activities, certificate of supplementary registration for vocational education activities;

The institution shall publicly disclose the scale of admissions per year for each major and training program after flexible adjustment on its website and report to the competent authority issuing the certificate of registration for vocational education activities;

đ) When changing contents recorded in the certificate of registration for vocational education activities, if such changes do not fall under the cases of supplementary registration for vocational education activities prescribed in Article 18 of this Decree, the institution must report the changed contents to the competent authority issuing the certificate for monitoring and management;

e) The head of vocational education institutions, vocational training centers - general education, enterprises shall independently decide the admission quotas per year for each major and training program according to each form of training within the total scale of admissions per year specified in the certificate of registration for vocational education activities, certificate of supplementary registration for vocational education activities;

g) Manage and use the certificate of registration for vocational education activities, certificate of supplementary registration for vocational education activities in accordance with regulations. In case of loss, damage, or tearing, they must report to the competent authority issuing the certificate and specify the reasons;

h) Publicize the certificate of registration for vocational education activities, certificate of supplementary registration for vocational education activities and the conditions for ensuring organizational activities for vocational education for each major and training program specified in the certificate or in the decision on self-sufficiency in opening majors and training programs on their own websites (excluding contents classified as state secrets according to regulations). Send the results of publicizing to the Department of Labor, Invalids and Social Affairs where the vocational education activities are organized for monitoring and management;

i) Update vocational education certificates and diplomas issued by their own institution on the Certificate Search Information Portal at http://vanbang.gdnn.gov.vn;

k) Vocational education institutions, vocational training centers - general education, enterprises that violate registration for vocational education activities to the extent that they must suspend vocational education activities shall not be allowed to apply for supplementary registration for vocational education activities within twelve months from the date they rectify the causes leading to suspension of activities.";

20. Amend, supplement, and replace Appendices as follows:

a) Amend Appendix I to "Model Documents for Establishing and Permitting the Establishment of Public and Private Vocational Education Institutions", including the following models:

Model No. 01: Request for Establishing and Permitting the Establishment of Vocational Education Institutions and Branches of Secondary Vocational Schools and Colleges.

Model No. 02: Proposal for Establishing and Permitting the Establishment of Vocational Education Institutions.

Model No. 03: Proposal for Establishing and Permitting the Establishment of Branches of Secondary Vocational Schools and Colleges.

Model No. 04: Decision on Establishing and Permitting the Establishment of Vocational Education Institutions and Branches of Secondary Vocational Schools and Colleges.

b) Amend Appendix II to read "Sample Documents for Dividing, Splitting, and Merging Public and Private Vocational Education Institutions", including the following samples:

Sample No. 01: Request Document for Dividing, Splitting, and Merging Vocational Education Institutions.

Sample No. 02: Plan for Dividing, Splitting, and Merging Vocational Education Institutions.

Sample No. 03: Decision on Dividing, Splitting, and Merging Vocational Education Institutions.

c) Amend Appendix III to read "Sample Documents for Dissolving Public and Private Vocational Education Institutions; Terminating the Operations of Branches of Public and Private Secondary Vocational Schools and Colleges", including the following samples:

Sample No. 01: Request Document for Dissolving Vocational Education Institutions; Terminating the Operations of Branches of Secondary Vocational Schools and Colleges.

Sample No. 02: Plan for Dissolving Vocational Education Institutions; Terminating the Operations of Branches of Secondary Vocational Schools and Colleges.

Sample No. 03: Decision on Dissolving Vocational Education Institutions; Terminating the Operations of Branches of Secondary Vocational Schools and Colleges.

d) Amend Appendix IV to read "Sample Documents for Changing the Name of Public and Private Vocational Education Institutions", including the following samples:

Sample No. 01: Request Document for Changing the Name, Permission to Change the Name of Vocational Education Institutions.

Sample No. 02: Decision on Changing the Name, Permission to Change the Name of Vocational Education Institutions.

đ) Add Appendix V "Sample Documents for Registering Vocational Education Activities; Supplementing Vocational Education Activities", including the following samples:

Sample No. 01: Scientific Basis and Job Analysis of New Training Programs.

Sample No. 02: Report on Autonomous Decision to Open New Training Programs.

Sample No. 03: Decision on Autonomous Opening of New Training Programs.

Sample No. 04: Registration Document for Vocational Education Activities.

Sample No. 05: Report on Registration for Vocational Education Activities.

Sample No. 06: Certificate of Registration for Vocational Education Activities.

Sample No. 07: Registration Document for Supplementing Vocational Education Activities.

Sample No. 08: Report on Registration for Supplementing Vocational Education Activities.

Sample No. 09: Certificate of Registration for Supplementing Vocational Education Activities.

e) Amend Appendix VI to read "Sample Decision on Suspending Vocational Education Activities";

g) Amend Appendix VII to read "Sample Reports on Vocational Education Activities of Public and Private Vocational Education Institutions", including the following samples:

Sample No. 01: Report on Results of Establishing, Permitting Establishment, Dividing, Splitting, Merging, Dissolving, and Changing Names of Secondary Vocational Schools and Vocational Education Centers; Establishing, Permitting Establishment, and Terminating Operations of Branches of Secondary Vocational Schools.

Sample No. 02: Report on Results of Issuing Certificates of Registration for Vocational Education Activities, Certificates of Registration for Supplementing Vocational Education Activities.

h) Repeal Appendices Va, Vb, and VIII.

21. Add and repeal certain phrases and clauses as follows:

a) Replace the phrase "according to the model in Appendix I" with the phrase "according to Sample No. 01 of Appendix I" at point a, Clause 1, Article 6;

b) Replace the phrase "according to the model in Appendix II" with the phrase "according to Sample No. 02 of Appendix I" at point b, Clause 1, Article 6;

c) Add the phrase "according to Sample No. 01 of Appendix III promulgated together with this Decree" after the phrase "...request document for dissolution by the competent authority" at Clause 2, Article 11;

d) Replace the phrase "Vocational education institutions and enterprises" with the phrase "Vocational education institutions, vocational education centers - regular education, and enterprises" at Clause 1, Article 14;

đ) Add the phrase "according to Sample No. 01 of Appendix V promulgated together with this Decree" at the end of point a, Clause 2, Article 14;

e) Delete the phrase "Vocational education institutions are established, permitted to be established when they have a plan for establishment and meet the following conditions:" at Article 3;

g) Delete the phrase "and Clause 2" at Clause 3, Article 6;

h) Delete the phrase "and higher education institutions that have been granted certificates of registration for vocational education activities at college level" at Clause 2, Article 14;

i) Delete the phrase "and higher education institutions" at point a, Clause 2, Article 14;

k) Delete the phrase "higher education institutions with foreign investment capital" at point d, Clause 2, Article 14 (amended and supplemented according to point b, Clause 6, Article 5 of Decree No. 140/2018/NĐ-CP);

l) Repeal Clause 5, Article 3; Clause 2, Article 6.

Article 2. Amending and supplementing some articles of Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing some provisions and implementing measures of the Law on Vocational Education

1. Supplement Clause 5 to Article 2 as follows:

"5. Vocational education and training centers - general education centers."

2. Amend and supplement Clause 3 of Article 9 as follows:

"3. Having a construction site for material facilities ensuring a minimum land area of 1,000 square meters for vocational education centers."²; secondary vocational schools at 10,000 m² in urban areas or 20,000 m² in non-urban areas; higher vocational schools at 20,000 m² in urban areas or 40,000 m² in non-urban areas.

In cases where the construction site of secondary vocational schools or higher vocational schools has both land usage areas in urban and non-urban areas, the land area shall be converted according to the corresponding ratio between urban and non-urban land areas, which is 1:2."

3. Amending and supplementing Article 11 as follows:

“Article 11. Conditions for establishing branch schools of secondary vocational colleges and higher vocational colleges with foreign investment capital

1. Having a construction site for material facilities and investment capital for establishing branches of secondary vocational colleges and higher vocational colleges with foreign investment capital, which must be at least 25% of the minimum land area and investment capital required for establishing secondary vocational colleges and higher vocational colleges with foreign investment capital as stipulated in Clause 3 and Clause 4 of Article 9 of this Decree.

2. The branch location must be in a different province or centrally governed city from the main headquarters of the secondary vocational college or higher vocational college with foreign investment capital.”

4. Amend and supplement Clause 1 Article 12 as follows:

a) Amending and supplementing Point d as follows:

"d) A copy of the certificate of land use rights or decision on land allocation or lease for the construction of vocational education institutions issued by the provincial People's Committee, accompanied by a copy of the receipt (land use fee or land lease fee payment) or evidence of completion of financial obligations regarding land use according to regulations.

A copy of the lease contract for facilities attached to the land with a term of at least five years from the date of submission of the application for leasing facilities attached to the land and proof of the right to use or ownership of the lessor."

b) Supplement Point e to Clause 1 as follows:

“e) Draft master plan for overall layout of architectural construction projects, ensuring compatibility with the industry, profession, scale, level of training, and usage area standards and construction area standards for learning and teaching activities.”

5. Amending and supplementing Article 15 as follows:

“Article 15. Procedures for establishing branches of secondary vocational colleges and higher vocational colleges with foreign investment capital

1. Secondary vocational colleges and higher vocational colleges with foreign investment capital submit applications for establishing branches through the online public service gateway or postal service or directly to the authority specified in Clause 2 and Clause 3 of this Article.

2. The General Department of Vocational Education receives applications for establishing branches of higher vocational colleges with foreign investment capital.

3. The Department of Labor, Invalids and Social Affairs receives applications for establishing branches of secondary vocational colleges with foreign investment capital within its jurisdiction.

4. Within seven working days from the date of receiving the application, the authority specified in Clause 2 and Clause 3 of this Article shall review the application for establishing branches of secondary vocational colleges and higher vocational colleges with foreign investment capital and submit it to the authorized person specified in Article 13 of this Decree for decision on establishing branches of secondary vocational colleges and higher vocational colleges with foreign investment capital according to Model 1C attached to this Decree. In case the application is not valid or the establishment of the branch is not approved, a written response stating the reasons shall be issued.

5. Publicizing and sending the decision to establish branches

a) The Ministry of Labor, Invalids and Social Affairs and provincial People's Committees shall publicize decisions on establishing branches of secondary vocational colleges and higher vocational colleges with foreign investment capital on their respective electronic information websites;

b) Within two working days from the date of issuing the decision to establish branches of higher vocational colleges with foreign investment capital, the Ministry of Labor, Invalids and Social Affairs shall send the decision to the provincial People's Committee where the higher vocational college establishes its branch for monitoring and management;

c) Within two working days from the date of issuing the decision to establish branches of secondary vocational colleges with foreign investment capital, the provincial People's Committee shall send the decision to the Ministry of Labor, Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management.”

6. Amending and supplementing Clause 2 and Clause 3 of Article 17 as follows:

a) Amend and supplement Clause 2 as follows:

“2. The application for dividing, separating, or merging vocational education institutions with foreign investment capital consists of one set, including:

a) A request for dividing, separating, or merging vocational education institutions with foreign investment capital from the organization, individual owner, or legal representative of the founders according to Model 2C attached to this Decree;

b) A proposal for dividing, separating, or merging vocational education institutions with foreign investment capital according to Model 2D attached to this Decree;

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

d) A merger contract signed by the legal representatives of the vocational education institutions with foreign investment capital. The contract must include the following main contents: Information about the merging institution, the institution being merged, procedures and conditions for the merger; plans for students, teachers, managers, staff, and workers; time frame, procedures, and conditions for asset conversion and conversion of the share capital of the institution being merged into the share capital of the institution accepting the merger; time frame for implementing the merger.”

b) Amend and supplement Clause 3 as follows:

“3. Authority to decide on dividing, separating, or merging vocational education institutions with foreign investment capital

a) The person authorized to approve the establishment of vocational education institutions with foreign investment capital as stipulated in Article 13 of this Decree has the authority to decide on dividing, separating, or merging vocational education institutions with foreign investment capital;

b) The Minister of Labor, Invalids and Social Affairs has the authority to merge secondary vocational colleges and vocational education centers with foreign investment capital into higher vocational colleges with foreign investment capital.”

7. Amending and supplementing Clause 3 of Article 18 as follows:

“3. The dissolution dossier of vocational education institutions with foreign investment capital for cases prescribed in Clause 2 of Article 21 of the Law on Vocational Education consists of one set, including:

a) A request for dissolving vocational education institutions with foreign investment capital from the organization, individual owner, or legal representative of the founders according to Model 2E attached to this Decree;

b) A proposal for dissolving vocational education institutions with foreign investment capital according to Model 2G attached to this Decree.”

8. Amending and supplementing Article 20 as follows:

“Article 20. Changing the name of vocational education institutions with foreign investment

1. The application for changing the name of a vocational education institution with foreign investment consists of one set, including: A request for name change from the organization, individual owner, or the legitimate representative of the capital contributors to establish the institution according to Model 2H attached to this Decree.

2. Procedures, formalities, and authority to permit changing the name of a vocational education institution with foreign investment

a) The organization, individual owner, or the legitimate representative of the capital contributors to establish the institution submits the application for changing the name of the vocational education institution with foreign investment through the online public service portal or postal service or directly to the General Department of Vocational Education for foreign-invested colleges, and the Department of Labor, Invalids, and Social Affairs at the location of the main office of foreign-invested secondary vocational schools and vocational training centers.

b) Within three working days from the date of receiving the application for changing the name of the vocational education institution with foreign investment, the agency specified in point a of this clause shall submit it to the authorized person specified in point c of this clause to decide on permitting the name change of the vocational education institution with foreign investment according to Form 21 attached to this Decree. In case of not deciding to permit the name change, a written response with clear reasons must be provided.

c) The authorized person to permit the establishment of a vocational education institution with foreign investment as stipulated in Article 13 of this Decree has the right to decide on permitting the name change of the vocational education institution with foreign investment.

d) Publicizing and sending the decision to permit changing the name of the vocational education institution with foreign investment

The Ministry of Labor, Invalids, and Social Affairs, and the People's Committee of the province shall publicize the decision to permit changing the name of the vocational education institution with foreign investment on their electronic information websites.

Within two working days from the date of issuing the decision to permit changing the name of a foreign-invested college, the Ministry of Labor, Invalids, and Social Affairs shall send the decision to the People's Committee of the province where the main office or branch of the foreign-invested college is located for monitoring and management.

Within two working days from the date of issuing the decision to permit changing the name of a foreign-invested vocational training center or secondary school on the territory, the People's Committee of the province shall send the decision to the Ministry of Labor, Invalids, and Social Affairs (General Department of Vocational Education) for monitoring and management.

3. After changing the name, the vocational education institution with foreign investment continues to organize training in fields and trades already approved by the competent authority in the certificate of registration for vocational education activities, or supplementary certificates of registration for vocational education activities.”

9. Amend and supplement Article 21 as follows:

“Article 21. Forms of cooperation in training with foreign countries

1. Cooperation in training with foreign countries is implemented through the following training programs:

a) Training program built by both parties; awarding diplomas and certificates from foreign countries or awarding diplomas and certificates from both foreign countries and Vietnam;

b) Training program from foreign countries; awarding diplomas and certificates from foreign countries;

c) Transferred training program from foreign countries; awarding diplomas and certificates from foreign countries or awarding diplomas and certificates from both foreign countries and Vietnam.

2. Cooperation in training with foreign countries can be fully conducted in Vietnam or partially conducted in Vietnam and partially in foreign countries, as decided by the parties involved in the cooperation.”

10. Amend and supplement Article 22 as follows:

“Article 22. Conditions for international education cooperation and autonomous decision-making on international education cooperation

1. Fields and levels of training

Vocational education institutions, vocational education and general education centers, and enterprises that implement international education cooperation with foreign educational and training institutions according to the forms of cooperation specified in Article 21 of this Decree shall be able to cooperate in training vocational education levels in fields as prescribed by foreign laws and in industries and trades of Vietnam, except those in the political, security, defense, and religious sectors.

2. Admissions criteria for international education programs

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

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

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

3. Physical facilities and training equipment

a) Having physical facilities and training equipment that meet the requirements of the training program, the laws of the country issuing diplomas and certificates, and corresponding to the scale of training;

b) Having classrooms; laboratories; practical and internship workshops; experimental production bases that meet the requirements of the initial, intermediate, and college-level training programs. The area of theoretical classroom and practical workshop must comply with the regulations on physical facilities issued by the Minister of Labor, Invalids, and Social Affairs.

If the Minister of Labor, Invalids, and Social Affairs has not yet issued regulations on physical facilities and training equipment for the industry and trade registered for international cooperation, they must ensure compliance with the training program's requirements.

c) For international cooperation where part of the training takes place abroad: Physical facilities and training equipment shall comply with the laws of the foreign country.

4. Training programs, textbooks, and teaching materials

a) Vocational education institutions, vocational education and general education centers, and enterprises implementing international cooperation with foreign countries must ensure sufficient training programs, textbooks, learning materials, and teaching resources to serve the learning needs of students according to each international cooperation program's requirements;

b) The training program must not contain content harmful to national defense, national security, public interest; it must not propagate religion or distort history; it must not have a negative impact on Vietnamese culture, ethics, and customs.

5. Teaching staff

a) Having a teaching staff meeting the professional standards, adequate in number, and matching the required professional structure according to the training program and the diploma and certificate issuance laws of the issuing country;

b) Foreign language teachers in international cooperation programs must have language proficiency meeting the program's requirements agreed upon by the cooperating parties. Foreign language teachers at vocational education institutions must hold a bachelor's degree or higher and possess a relevant language teaching certificate;

c) Foreign teachers in international cooperation programs must meet the conditions stipulated by the laws regarding foreign workers in Vietnam.

6. Language of instruction and study

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

b) Based on student needs, the cooperating parties may organize language training courses to help students achieve the necessary language proficiency for the international cooperation program as defined by both sides.

7. Foreign educational and training institutions must have a quality assurance certification for vocational education issued by a foreign accreditation agency or recognized by an authorized authority as having met the quality assurance standards for vocational education.

8. Autonomous decision-making on international education cooperation

Vocational education institutions specified in Clause 2 of Article 25 of the Vocational Education Law, when granted financial autonomy by the competent authority, can autonomously decide on international education cooperation (excluding health, security, and defense-related industries and trades) if they meet the conditions stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article and satisfy the following requirements:

a) Recognized by the competent agency or organization as meeting the quality assurance standards for vocational education institutions;

b) The intermediate-level and higher vocational training fields and occupations must be included in the list of intermediate-level and higher vocational training fields and occupations issued by the Minister of Labor, Invalids and Social Affairs;

c) Having established a school council for colleges and secondary vocational schools;

d) Issuing organizational and operational regulations; internal management regulations of the vocational education institution;

đ) Having been issued a registration activity certificate for vocational education by the competent authority for the industries and trades autonomously deciding on international cooperation;

e) Publicizing the conditions for organizing international cooperation activities, the results of vocational education quality assurance, the legality of diplomas and certificates issued to students, and other information on their website;

g) Thirty days before organizing training, colleges must report to the General Department of Vocational Education; secondary vocational schools and vocational education centers must report to the Department of Labor, Invalids, and Social Affairs of the locality where the international cooperation activities take place using Forms 3D and 3E attached to this Decree;

h) Within twenty-four months from the date of autonomous decision-making on international cooperation, the vocational education institution must not violate regulations to the extent of being penalized by the competent authority with one of the following measures: Suspension of vocational education activities; cessation of recruitment and training; revocation of the registration activity certificate for international cooperation; deprivation of the right to use the registration activity certificate for international cooperation.

i) An occupational education institution that has been suspended from conducting vocational education activities due to failing to meet the required conditions as stipulated in this clause shall not be allowed to decide on independently organizing joint training programs with foreign countries for a period of 24 months from the date when the competent state agency concludes on the violation.

k) Immediately after the first graduation of a secondary vocational level or college level training program, the secondary vocational school or college must conduct a quality assessment of the training program for the profession or trade that it independently decides to jointly train with foreign countries. If the standard is not met, the institution shall not be permitted to continue enrolling students or conducting training until the quality assessment standard is achieved.”

11. Amend and supplement Article 23 as follows:

“Article 23. Documents for Registration of Joint Training Activities with Foreign Countries

The documents for registration of joint training activities with foreign countries consist of one set, including:

1. A registration document for joint training activities with foreign countries according to Model 3A attached hereto.

2. A report on registration of joint training activities with foreign countries according to Model 3B attached hereto.

3. A copy of the decision on establishment or permission to establish or investment registration certificate (if any) of the enterprise applying for joint training at the basic level.

4. A copy of the certificate of educational quality assessment of the foreign vocational education and training institution or document recognizing quality issued by the competent authority.

5. A copy of the cooperation agreement or joint training contract between the parties involved in the joint training program.”

12. Amend and supplement Article 24 as follows:

“Article 24. Authority to Issue Certificate of Registration for Joint Training Activities with Foreign Countries

1. The General Department of Vocational Education issues the certificate of registration for joint training activities with foreign countries for colleges.

2. The Department of Labor, Invalids and Social Affairs at the location where the secondary vocational school, vocational education center, vocational education and general education center, or enterprise organizes joint training activities with foreign countries issues the certificate of registration for joint training activities with foreign countries for secondary vocational schools, vocational education centers, vocational education and general education centers, and enterprises.”

13. Amend and supplement Article 25 as follows:

“Article 25. Procedures and Formalities for Issuing Certificate of Registration for Joint Training Activities with Foreign Countries

1. The vocational education institution, vocational education and general education center, or enterprise sends the documents as prescribed in Article 23 of this Decree through the online public service portal or postal service or directly to the General Department of Vocational Education for colleges, and the Department of Labor, Invalids and Social Affairs at the location where the joint training activities with foreign countries are organized for secondary vocational schools, vocational education centers, vocational education and general education centers, and enterprises.

2. Within ten working days from the date of receipt of the documents, the General Department of Vocational Education and the Department of Labor, Invalids and Social Affairs shall review the documents and issue the certificate of registration for joint training activities with foreign countries according to Model 3C attached hereto. In case the certificate is not issued, a written response stating the reasons shall be provided.

3. Publicizing and Sending the Certificate of Registration for Joint Training Activities with Foreign Countries

a) The General Department of Vocational Education and the Department of Labor, Invalids and Social Affairs shall publicize the certificate of registration for joint training activities with foreign countries on their respective websites;

b) Within two working days from the date of issuing the certificate of registration for joint training activities with foreign countries, the General Department of Vocational Education shall send the certificate to the Department of Labor, Invalids and Social Affairs at the location where the college organizes joint training activities with foreign countries for monitoring and management;

c) Within two working days from the date of issuing the certificate of registration for joint training activities with foreign countries, the Department of Labor, Invalids and Social Affairs shall send the certificate to the General Department of Vocational Education for monitoring and management.”

14. Amend and supplement Point d Clause 1, Clause 2, Clause 3, Clause 5, and Clause 6 of Article 26 as follows:

a) Amend and supplement point d clause 1 as follows:

“d) Organizing joint training activities with foreign countries based on the certificate of registration for joint training activities with foreign countries issued beyond the authorized jurisdiction;”

b) Amend and supplement Clause 2 as follows:

“2. The vocational education institution, vocational education and general education center, and enterprise may terminate joint training activities with foreign countries or be terminated from such activities when any of the following situations occur:

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

b) Not organizing training activities within 24 months or more from the date of issuance of the certificate of registration for joint training activities with foreign countries;

c) Other cases as prescribed by law.”

c) Amending and supplementing Clause 3 as follows:

“3. Authority to Suspend and Terminate Joint Training Activities with Foreign Countries

The authority issuing the certificate of registration for joint training activities with foreign countries as stipulated in Article 24 of this Decree has the right to decide on suspending or terminating joint training activities with foreign countries.”

d) Amend and supplement Point d Clause 4 as follows:

“d) After the suspension period for joint training activities with foreign countries, if the cause leading to the suspension is resolved, the person authorized to decide on the suspension shall issue a decision allowing the resumption of joint training activities with foreign countries.”

d) Amend and supplement Clause 5 as follows:

“5. Documents for Terminating Joint Training Activities with Foreign Countries

a) The documents for terminating joint training activities with foreign countries as stipulated in Point a Clause 2 of this Article consist of one set, including:

A document requesting termination of joint training activities from the parties involved, clearly stating the reasons for requesting the termination of joint training activities.

A report on terminating joint training activities, clearly stating the reasons, contents of termination, plans for resolving the legitimate rights and interests of learners, teachers, managers, staff, and workers; settlement of tax debts and other debts (if any).

b) The dossier for terminating joint training activities with foreign countries as stipulated in point b, Clause 2 of this Article consists of 01 set, including: The inspection record of the competent authority issuing the registration certificate for joint training activities with foreign countries.

e) Amend and supplement Clause 6 as follows:

6. Procedures and formalities for terminating joint training activities with foreign countries

a) The parties to the joint training agreement shall submit the dossier as prescribed in point a, Clause 5 of this Article through the online public service portal or postal service or directly to the General Department of Vocational Education for colleges, and the Department of Labor, Invalids and Social Affairs of the locality where the joint training activities with foreign countries take place for secondary vocational schools, vocational education centers, vocational education and regular education centers, and enterprises;

b) Within 10 working days from the date of receipt of the dossier, the General Department of Vocational Education and the Department of Labor, Invalids and Social Affairs shall review the dossier and decide to terminate the joint training activities with foreign countries. In case of no decision, they shall issue a written response stating the reasons;

c) Within 05 working days from the date of issuance of the inspection record as prescribed in point b, Clause 5 of this Article, the General Department of Vocational Education and the Department of Labor, Invalids and Social Affairs shall consider and decide to terminate the joint training activities with foreign countries. In case of no decision, they shall issue a written response stating the reasons;

d) The decision to terminate joint training activities with foreign countries must state the reasons for termination; measures to ensure the rights and legitimate interests of students, teachers, managers, staff, and workers. The decision to terminate joint training activities with foreign countries shall be publicly announced on mass media, the website of the entity whose joint training activities are terminated, the website of the decision-making agency, and notified to relevant agencies for coordination in implementation.

15. Supplement Article 26a following Article 26 as follows:

“Article 26a. Revocation of the Registration Certificate for Joint Training Activities with Foreign Countries

1. A vocational education institution, vocational education and regular education center, or enterprise shall have its registration certificate for joint training activities with foreign countries revoked if any of the following situations occur:

a) Violating regulations on organizing joint training activities with foreign countries causing serious consequences;

b) Exceeding the suspension period for joint training activities with foreign countries due to violations stipulated in Clause 1, Article 26 of this Decree without being able to rectify the causes leading to the suspension;

c) Violating vocational education laws and regulations subject to administrative penalties requiring revocation;

d) Other cases as prescribed by law.

2. The competent authority issuing the registration certificate for joint training activities with foreign countries as stipulated in Article 24 of this Decree has the right to revoke the registration certificate for joint training activities with foreign countries according to the following procedures and formalities:

a) Organize inspections and evaluations of the extent of violations, determine the reasons for revoking the registration certificate for joint training activities with foreign countries;

b) Within 05 working days from the date of receiving the results of inspections and evaluations of the extent of violations and the reasons for revocation, the competent authority as stipulated in Article 24 of this Decree shall decide to revoke the registration certificate for joint training activities with foreign countries. The revocation decision shall be publicly announced on mass media, the website of the entity whose registration certificate is revoked, the website of the revoking agency, and notified to relevant agencies for coordination in implementation;

c) Within 05 working days from the date of receiving the decision to revoke the registration certificate for joint training activities with foreign countries, the vocational education institution, vocational education and regular education center, and enterprise shall be responsible for returning the registration certificate for joint training activities with foreign countries to the competent authority that issued the revocation decision, and immediately cease all joint training activities with foreign countries according to the revoked registration certificate upon the effectiveness of the revocation decision.

16. Amend and supplement Clause 5 and Clause 6 of Article 33 as follows:

a) Amending and supplementing Clause 5 as follows:

“5. The dossier for requesting amendments, supplements, extensions, or reissuance of the license to establish a representative office consists of 01 set, including: The request for amendment, supplement, extension, or reissue of the license to establish a representative office of the foreign organization or vocational education institution, in accordance with Model 5D attached to this Decree.”

b) Amend and supplement Clause 6 as follows:

“6. Procedures and formalities for amending, supplementing, extending, or reissuing the license to establish a representative office

a) The foreign organization or vocational education institution shall submit the dossier as prescribed in Clause 5 of this Article through the online public service portal or postal service or directly to the General Department of Vocational Education;

b) Within 15 working days from the date of receipt of a complete and valid dossier, the General Department of Vocational Education shall review the dossier and report to the authorized person as stipulated in Clause 4 of this Article to decide on amending, supplementing, extending, or reissuing the license to establish a representative office of the foreign organization or vocational education institution in Vietnam, in accordance with Model 5C attached to this Decree. In case of no amendment, supplementation, extension, or reissuance of the license, a written response stating the reasons shall be issued;

c) Within 02 working days from the date of issuance of the license for amendment, supplementation, extension, or reissuance of the license to establish a representative office for the foreign organization or vocational education institution in Vietnam, the General Department of Vocational Education shall send the license to the People's Committee of the province where the representative office is located for monitoring and management, and publicly announce it on the website of their own agency.

17. Amend and supplement point a of Clause 2 of Article 40 as follows:

“a) The request for recognition of a private vocational education institution or a vocational education institution with foreign investment converting to non-profit operation in accordance with Model 5E attached to this Decree;"

18. Supplement Article 44a following Article 44 as follows:

“Article 44a. Implementation Organization

1. The Ministry of Labor - Invalids and Social Affairs shall be responsible for

a) Prescribing the management and organization of training programs in joint training with foreign countries under direct training, online training, or a combination of direct and online training;

b) Direct the General Department of Vocational Education to

Conducting post-inspection of conditions ensuring the organization of joint training activities with foreign countries for vocational colleges after issuing the certificate of registration for joint training activities with foreign countries.

Directing, inspecting, supervising the implementation of regulations concerning vocational education institutions with foreign investment, branch offices of secondary vocational schools and colleges with foreign investment; joint training with foreign countries; representative offices of foreign organizations and vocational education institutions in Vietnam; private vocational education institutions, non-profit vocational education institutions with foreign investment; handling violations according to this Decree and relevant laws.

2. Provincial People's Committees shall be responsible for

a) Directing the Department of Labor - Invalids and Social Affairs and other specialized agencies under provincial People's Committees to inspect and check within their authority on vocational education institutions with foreign investment, branch offices of secondary vocational schools and colleges with foreign investment within their jurisdiction; joint training with foreign countries; representative offices of foreign organizations and vocational education institutions in Vietnam within their jurisdiction; private vocational education institutions, non-profit vocational education institutions with foreign investment within their jurisdiction and handle violations according to this Decree and relevant laws;

b) Reporting periodically every six months and annually using Model 7A attached to this Decree to the Ministry of Labor - Invalids and Social Affairs (General Department of Vocational Education) for monitoring and management;

c) Directing the Department of Labor - Invalids and Social Affairs:

To conduct post-inspection of conditions ensuring the organization of joint training activities with foreign countries after issuing the certificate of registration for joint training activities with foreign countries for secondary vocational schools, vocational education centers, vocational education and general education centers, and enterprises.

Reporting periodically every six months and annually using Model 7B attached to this Decree to the General Department of Vocational Education for monitoring and management.

3. Vocational education institutions, vocational education and general education centers, and enterprises that have registered vocational education activities shall be responsible for

a) Private vocational education institutions and vocational education institutions with foreign investment shall establish a roadmap to prepare self-determined conditions for joint training with foreign countries as prescribed in Clause 8, Article 22 of this Decree to ensure that from January 1, 2024, if they meet the conditions, they can implement self-determined joint training with foreign countries according to the regulations;

b) Within 36 months for secondary vocational schools and colleges with foreign investment and 24 months for vocational education centers with foreign investment from the date the establishment decision takes effect, vocational education institutions with foreign investment must register vocational education activities;

c) Within 24 months from the date of receiving the certificate of registration for joint training activities with foreign countries, vocational education institutions, vocational education and general education centers, and enterprises must organize joint training activities with foreign countries according to the certificate issued by the competent authority;

d) Managing and using the certificate of registration for joint training activities with foreign countries in accordance with regulations. In case of loss, damage, or tearing, report to the issuing authority and provide the reasons;

đ) Publicizing the certificate of registration for joint training activities with foreign countries and the conditions ensuring the organization of activities for each joint training profession with foreign countries specified in the certificate or in the self-determination decision on the institution’s website. Send the publicized results to the Department of Labor - Invalids and Social Affairs where the joint training activities take place for monitoring and management;

e) Vocational education institutions, vocational education and general education centers, and enterprises that violate registration for joint training activities with foreign countries to the extent that they must suspend joint training activities with foreign countries will not be allowed to engage in joint training with foreign countries for 12 months from the date the cause of suspension is resolved.

19. Amend and supplement the following models:

a) Amend Models 3A, 3B, 3C;

b) Supplement Models 2C, 2D, 2E, 2G, 2H, 2I after Model 2B;

c) Supplement Models 3D, 3E after Model 3C;

d) Supplement Models 5D, 5E after Model 5C;

đ) Supplement Models 7A, 7B after Model 6;

e) Repeal Model 4B;

g) Replace the phrase "name of the state agency or organization issuing the decision" with "name of the agency or organization issuing the decision" at Model 1C, 2A, 2B, 4A in the Appendix issued together with Decree No. 15/2019/NĐ-CP.

20. Supplement and repeal certain phrases and clauses as follows:

a) Replace the phrase "Within 20 working days" with "Within 15 working days" at point a, Clause 5, Article 18;

b) Supplement the phrase "vocational education and general education center" after the phrase "vocational education activity institution" at Clause 1, point c, Clause 4, Article 26; Clause 3, Article 42; Clause 2, Article 43;

c) Remove the phrase "Clause 2, Clause 3" at point c, Clause 3, Article 12;

d) Repeal the clause "Within 15 working days from the date of receipt of the dossier, the Appraisal Board shall be responsible for appraising and notifying the appraisal results" at point d, Clause 1, Article 14;

đ) Repeal Clause 6, Article 9; point d, Clause 2, Article 40.

Article 3. Transitional Provisions

1. Agencies, organizations, and individuals who have submitted applications for establishing, permitting establishment, splitting, separating, merging, dissolving, renaming public and private vocational education institutions; establishing, permitting establishment, terminating activities of branch offices of public and private secondary vocational schools and colleges before this Decree takes effect shall continue to implement according to the provisions of Decree No. 143/2016/ND-CP and Decree No. 140/2018/ND-CP.

2. Vocational education institutions, vocational training centers - continuing education centers, enterprises that have been granted certificates of registration for vocational training activities before the date this Decree takes effect shall be decided by the heads of such institutions flexibly on the scale of annual admissions in accordance with the provisions of this Decree and guidance from the General Department of Vocational Education.

3. Higher education institutions that have been granted certificates of registration for vocational training activities to organize secondary and intermediate vocational training in specialized fields or in projects approved by the Prime Minister for investment shall continue to admit students until December 31, 2025.

4. Vocational education institutions, vocational training centers - continuing education centers, enterprises that have submitted applications for registration of vocational training activities, supplementary applications for vocational training activities before this Decree takes effect shall continue to implement according to the provisions of Decree No. 143/2016/ND-CP and Decree No. 140/2018/ND-CP.

5. Organizations and individuals who have submitted applications for permission to establish, split, separate, merge, dissolve, rename foreign-invested vocational education institutions; permission to establish, terminate activities of branch offices of foreign-invested secondary vocational schools and colleges before this Decree takes effect shall continue to implement according to the provisions of Decree No. 15/2019/ND-CP.

6. Vocational education institutions, vocational training centers - continuing education centers, enterprises that have submitted applications for registration of joint training activities with foreign countries; applications to resume joint training activities with foreign countries after rectifying the causes leading to suspension before this Decree takes effect shall continue to implement according to the provisions of Decree No. 15/2019/ND-CP.

7. Organizations that have submitted applications for permission to establish, terminate operations of representative offices; applications for modification, supplementation, extension, or reissue of permits for establishing representative offices; revocation of permits for establishing representative offices of foreign vocational education institutions in Vietnam before this Decree takes effect shall continue to implement according to the provisions of Decree No. 15/2019/ND-CP.

8. Organizations and individuals who have submitted applications for permission to establish, recognize private vocational education institutions, non-profit vocational education institutions with foreign investment operating before this Decree takes effect shall continue to implement according to the provisions of Decree No. 15/2019/ND-CP.

Article 4. Effective date

1. This Decree takes effect from June 1, 2022.

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