Circular No. 25/2015/TT-BLDTBXH on registration for vocational education activities at the primary level, issuance, revocation of certificates of registration for vocational education activities at the primary level, and suspension of vocational education activities at the primary level.

CIRCULAR

Provisions on registration of vocational education activities, issuance, revocation of certificates registration

for vocational education activities and suspension of vocational education activities at the basic levelsession number

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

Pursuant to Decree No. 48/2015/NĐ-CP dated May 15, 2015, of the Government detailing certain provisions of the Vocational Education Law;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

At the proposal of the General Director of the Vocational Training Administration;

The Minister of Labor, Invalids and Social Affairs issues the Circular stipulating provisions on registration of vocational education activities, issuance, revocation of certificates for registration of vocational education activities, and suspension of vocational education activities at the basic level.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies conditions, documents, authority, procedures, and formalities for registration and issuance of certificates for registration of vocational education activities at the basic level; supplementary registration of vocational education activities; revocation of certificates for registration of vocational education activities at the basic level; procedures for suspension of vocational education activities at the basic level.

Article 2. Applicability

This Circular applies to colleges, technical schools, vocational training centers (hereinafter referred to as vocational education institutions) and enterprises that have registered vocational education activities at the basic level.

Article 3. Principles of registration of vocational education activities at the basic level

1. Registration of vocational education activities at the basic level is an activity aimed at strengthening quality management of training, ensuring that vocational education activities are carried out in accordance with the provisions of the law.

2. Vocational education institutions and enterprises are entitled to independently organize regular training programs as specified in points a, b, c, and d of Article 40 of the Law on Vocational Education in accordance with regulations on regular training.

3. When vocational education institutions and enterprises change contents recorded in the certificate of registration for vocational education activities at the basic level, they must register supplementary vocational education activities at the basic level with the competent state agency as stipulated in Article 6 of this Circular.

Chapter II

CONDITIONS, DOCUMENTS, PROCEDURES, AND AUTHORITY FOR REGISTRATION AND ISSUANCE OF CERTIFICATES

REGISTRATION OF VOCATIONAL EDUCATION ACTIVITIES AT THE BASIC LEVEL

Article 4. Conditions for issuance of certificates for registration of vocational education activities at the basic level

1. Having appropriate physical facilities and training equipment suitable for the profession, scale, and basic level of training. The area of theoretical classrooms and practical classrooms used for learning and teaching shall ensure an average of at least 04 m² per student.

2. Having a teaching staff meeting the standards, professional qualifications, skills, and pedagogical expertise as prescribed by law; ensuring a maximum ratio of converted students to converted teachers of 20 students per teacher; for professions requiring talent, ensuring a maximum ratio of converted students to converted teachers of 15 students per teacher; having a permanent teacher for each profession being organized for training.

3. Having sufficient curricula, textbooks, and learning materials as prescribed.

4. For private vocational education institutions and vocational education institutions with foreign investment, in addition to the conditions stipulated in Clause 1, Clause 2, and Clause 3 of this Article, the vocational education institution registering vocational education activities at the basic level must also have sufficient financial resources to ensure and maintain the operation of the registered professions.

Article 5. Documents for registering vocational education activities at the primary level

1. For public and private vocational education institutions, the documents for registering vocational education activities at the primary level include:

a) The registration document for vocational education activities (in accordance with the form attached as Appendix No. 1 to this Circular);

b) A copy of the decision on establishment or permission to establish the vocational education institution;

c) A report on conditions ensuring vocational education activities accompanied by evidence (in accordance with the form attached as Appendix No. 2 to this Circular);

d) A copy of the charter and operation regulations of the vocational education institution.

2. For vocational education institutions with foreign investment capital, the registration documents for vocational education activities can be prepared in Vietnamese or in Vietnamese and English, including:

a) The registration document for vocational education activities (in accordance with the form attached as Appendix No. 1 to this Circular);

b) A copy of the investment registration certificate and the decision on permission to establish the vocational education institution;

c) A report on conditions ensuring vocational education activities accompanied by evidence (in accordance with the form attached as Appendix No. 2 to this Circular);

d) A copy of the charter and operation regulations of the vocational education institution.

3. For enterprises specified in Article 2 of this Circular, the documents for registering vocational education activities include:

a) The registration document for vocational education activities (in accordance with the form attached as Appendix No. 1 to this Circular);

b) A copy of the decision on establishment or business registration certificate or investment registration certificate;

c) A report on conditions ensuring vocational education activities accompanied by evidence (in accordance with the form attached as Appendix No. 3 to this Circular);

d) A copy of the articles of association or charter and operation regulations.

Article 6. Authority to issue certificates of registration for vocational education activities at the primary level

1. The Director of the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs issues certificates of registration for vocational education activities at the primary level for colleges.

2. The Director of the Department of Labor, Invalids and Social Affairs of provinces and centrally governed cities issues certificates of registration for vocational education activities at the primary level for secondary schools, vocational training centers, and enterprises.

Article 7. Procedures and formalities for registering and issuing certificates of registration for vocational education activities at the primary level

1. For colleges:

a) Submit one set of documents for registering vocational education activities at the primary level to the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs;

b) Within ten working days from the date of receiving complete and valid documents, the General Department of Vocational Training will organize the verification of conditions ensuring training activities and issue the certificate of registration for vocational education activities at the primary level (in accordance with the form attached as Appendix No. 4 to this Circular); if the certificate is not issued, a written response must be provided within five working days, stating the reasons;

c) Within five working days from the date of issuing the certificate of registration for vocational education activities, the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs sends a copy of the certificate of registration for vocational education activities to the Department of Labor, Invalids and Social Affairs where the college conducts vocational education activities at the primary level, for local management.

2. For secondary schools, vocational training centers, and enterprises:

a) Submit one set of documents for registering vocational education activities at the primary level to the Department of Labor, Invalids and Social Affairs where the main office of the unit is located. In case of registering vocational education activities at the primary level at a branch or training facility located in a different province or centrally governed city from the main office, submit one set of documents for registering vocational education activities at the primary level to the Department of Labor, Invalids and Social Affairs where the branch or training facility is located;

b) Within ten working days from the date of receiving complete and valid documents, the Department of Labor, Invalids and Social Affairs will organize the verification of conditions ensuring training activities and issue the certificate of registration for vocational education activities at the primary level (in accordance with the form attached as Appendix No. 4 to this Circular); if the certificate of registration for vocational education activities at the primary level is not issued, a written response must be provided within five working days, stating the reasons;

c) Within five working days from the date of issuing the certificate of registration for vocational education activities at the primary level, the Department of Labor, Invalids and Social Affairs sends a copy of the certificate of registration for vocational education activities at the primary level to the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs for overall management.

Chapter III

PROVISIONS ON CONDITIONS, DOCUMENTS, PROCEDURES AND REGULATIONS FOR REGISTERING ADDITIONAL EDUCATIONAL ACTIVITIES IN VOCATIONAL TRAINING AT THE BEGINNER LEVEL

VOCATIONAL EDUCATION AT THE BEGINNER LEVEL

Article 8. Cases for Registering Additional Educational Activities in Vocational Training at the Beginner Level

Vocational education institutions and enterprises specified in Article 2 of this Circular that have been issued certificates of registration for vocational training activities at the beginner level must register additional educational activities in vocational training at the beginner level in the following cases:

1. Increasing the enrollment scale of each trade by more than 10% compared to the enrollment scale granted in the certificate of registration for vocational training activities at the beginner level.

2. Adding new trades (opening new trades).

3. Dividing, splitting, merging, or having changes in the investment registration certificate related to the content recorded in the certificate of registration for vocational training activities.

4. Moving the main office or branch/training facility to another location, where the main office or branch/training facility is the place directly organizing training.

5. Establishing a new branch/training facility with organizational training activities.

6. Opening a new training location or collaborating with organizations and individuals to organize training activities.

Article 9. Documents for Registering Additional Educational Activities in Vocational Training at the Beginner Level

1. The documents for registering additional educational activities in vocational training at the beginner level in the cases stipulated in Clause 1, Clause 2 and Clause 3 of Article 8 of this Circular include:

a) A supplementary registration document for vocational training activities at the beginner level (in accordance with Model 5 attached to this Circular);

b) A report on conditions ensuring the supplementary registration for vocational training activities at the beginner level accompanied by supporting evidence (in accordance with Model 6 attached to this Circular).

2. The documents for registering additional educational activities in vocational training at the beginner level in the cases stipulated in Clause 4, Clause 5 and Clause 6 of Article 8 of this Circular include:

a) For colleges, it shall be implemented according to the provisions of Clause 1 of this Article;

b) For technical colleges, vocational education centers and enterprises: If the additional vocational training activities at the beginner level are carried out within the same province or centrally-run city as the main office, the supplementary registration documents shall be implemented according to the provisions of Clause 1 of this Article; if the additional vocational training activities at the beginner level are carried out in a different province or centrally-run city from the main office, in addition to the documents required under Clause 1 of this Article, the following documents must also be included:

- A copy of the decision on establishment or permission to establish or investment registration certificate;

- A copy of the decision appointing or recognizing the head of the technical college, vocational education center and enterprise;

- A document from the competent authority regarding the transfer of the main office/branch/training facility or establishment of a new branch/training facility, training location.

Article 10. Procedures, Regulations, Conditions for Registration and Authority to Issue Certificates of Supplementary Registration for Vocational Training Activities at the Beginner Level

1. The procedures and regulations for registering additional educational activities in vocational training at the beginner level are carried out as follows:

a) For the cases stipulated in Clause 1, Clause 2 and Clause 3 of Article 8 of this Circular, they shall be carried out according to the procedures and regulations stipulated in Article 7 of this Circular;

b) For the cases stipulated in Clause 4, Clause 5 and Clause 6 of Article 8 of this Circular, the procedures and regulations for registering additional educational activities in vocational training at the beginner level are as follows:

- In the case of establishing a new branch/training facility, training location or collaborating on training or transferring the main office/branch/training facility, training location of the vocational education institution and enterprise to another location within the same province or centrally-run city, the procedures and regulations for registering additional educational activities in vocational training at the beginner level shall be carried out according to the provisions of Article 7 of this Circular;

- In the case of establishing a new branch/training facility, training location or collaborating on training or transferring the main office/branch/training facility, training location of the technical college, vocational education center and enterprise to another location outside the province or centrally-run city where the main office is located, the technical college, vocational education center and enterprise must send a notification letter to the state agency that has issued the certificate of registration for vocational training activities at the beginner level for the unit and submit the supplementary registration documents for vocational training activities at the beginner level to the Department of Labor, Invalids and Social Affairs where the new branch/training facility, training location of the unit is located, in accordance with Clause 2 of Article 7 of this Circular.

2. The conditions for registration and the authority to issue certificates of supplementary registration for vocational training activities at the beginner level shall be carried out according to the provisions of Article 4 and Article 6 of this Circular.

3. The certificate of supplementary registration for vocational training activities at the beginner level shall be implemented according to the model prescribed in Model 7 attached to this Circular.

Chapter IV

SUSPENSION OF VOCATIONAL TRAINING ACTIVITIES AT THE BEGINNER LEVEL;

REVOCATION OF THE CERTIFICATE OF REGISTRATION FOR VOCATIONAL TRAINING ACTIVITIES AT THE BEGINNER LEVEL

Article 11. Suspension Procedure for Primary Vocational Education Activities

1. When discovering a vocational education institution or enterprise conducting primary level vocational education activities in violation of any of the cases stipulated in Clause 1 of Article 20 of the Law on Vocational Education, the authority issuing the certificate of registration for primary level vocational education activities as prescribed in Article 6 of this Circular shall organize inspections to assess the extent of the violation.

2. Based on the extent of the violation by the vocational education institution or enterprise, the authority issuing the certificate of registration for primary level vocational education activities as prescribed in Article 6 of this Circular shall issue a decision to suspend primary level vocational education activities.

Article 12. Revocation of Certificate of Registration for Primary Level Vocational Education Activities

1. A vocational education institution or enterprise shall have its certificate of registration for primary level vocational education activities revoked when one of the following situations occurs:

a) Engaging in fraudulent behavior to obtain the certificate of registration for primary level vocational education activities;

b) Seriously violating regulations on organizing primary level vocational education activities;

c) Exceeding the suspension period for enrollment without rectifying the cause leading to the suspension;

d) Violating laws on vocational education and being subject to administrative penalties that require revocation.

đ) Other cases as prescribed by law.

2. The decision to revoke the certificate of registration for primary level vocational education activities must clearly specify the reasons for revocation and measures to ensure the legitimate interests of teachers, civil servants, workers, and students. The decision to revoke the certificate of registration for primary level vocational education activities shall be publicly announced through mass media.

3. The authority issuing the certificate of registration for primary level vocational education activities has the authority to revoke the certificate of registration for primary level vocational education activities.

4. Procedures and steps for revoking the certificate of registration for primary level vocational education activities:

a) When a vocational education institution or enterprise violates any of the cases stipulated in Clause 1 of this Article, the competent authority issuing the certificate of registration for vocational education activities shall organize inspections to assess the extent of the violation;

b) Based on the extent of the violation, the competent authority issuing the certificate of registration for primary level vocational education activities shall issue a decision to revoke the certificate of registration for primary level vocational education activities.

Chapter V

IMPLEMENTATION

Article 13. Responsibilities of the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs

1. Directing, guiding, and organizing the implementation of registration for primary level vocational education activities.

2. Receiving applications, organizing inspections of conditions ensuring training activities, issuing, revoking, and supplementing certificates of registration for primary level vocational education activities; suspending primary level vocational education activities in cases stipulated in Clause 1 of Article 7, Clause 2 of Article 10, and Clause 2 of Article 11 of this Circular.

3. Sending copies of certificates of registration for primary level vocational education activities to the Department of Labor, Invalids and Social Affairs according to Point c of Clause 1 of Article 7 of this Circular.

4. Inspecting and supervising the implementation of registration for vocational education activities and the suspension of primary level vocational education activities in accordance with the law.

Article 14. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Directing, guiding, and organizing the implementation of registration for primary level vocational education activities at the local level.

2. Receiving applications, organizing inspections of conditions ensuring training activities, issuing, revoking, and supplementing certificates of registration for primary level vocational education activities; suspending primary level vocational education activities in cases stipulated in Clause 2 of Article 7, Clause 2 of Article 10, and Clause 2 of Article 11 of this Circular.

3. Sending copies of certificates of registration for primary level vocational education activities to the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs according to Point c of Clause 2 of Article 7 of this Circular.

4. Annually compiling and reporting to the General Department of Vocational Training, Ministry of Labor, Invalids and Social Affairs on the situation of registration for primary level vocational education activities in the locality.

5. Inspecting and supervising the implementation of registration for primary level vocational education activities at the local level in accordance with the law.

Article 15. Responsibilities of Ministries, agencies at the level of ministries; People's Committees of provinces and centrally governed cities

1. Direct, guide, and urge vocational education institutions and enterprises registered for primary-level vocational education activities under their management to implement registration for primary-level vocational education activities.

2. Organize inspections of the operations of vocational education institutions and enterprises registered for primary-level vocational education activities within their jurisdiction.

Article 16. Responsibilities of vocational education institutions and enterprises

1. Within thirty-six months for colleges and secondary vocational schools, and twenty-four months for vocational education centers from the date of the establishment decision or permission to establish becomes effective, vocational education institutions must carry out registration for primary-level vocational education activities.

2. Vocational education institutions and enterprises specified in Article 2 of this Circular, when they meet the conditions to organize primary-level vocational education activities as prescribed, shall implement registration for primary-level vocational education activities and may only recruit students and organize training after obtaining a certificate of registration for primary-level vocational education activities issued by the competent authority specified in Article 6 of this Circular.

Article 17. Implementation Provisions

1. This Circular takes effect from September 1, 2015.

2. The provisions on registration for primary-level vocational training activities stipulated in Circular No. 29/2011/TT-BLDTBXH dated October 24, 2011, of the Minister of Labor, Invalids, and Social Affairs regarding registration for vocational training activities cease to be effective from the date this Circular takes effect.

3. Agencies and organizations during the implementation of this Circular, if encountering difficulties, obstacles, or discovering new issues arising, are requested to promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for guidance or supplementation and adjustment to ensure compliance./.