Circular No. 29/2017/TT-BLDTBXH stipulates on organizing and implementing training programs through collaboration.

CIRCULAR

Regulations on the linkage to organize training programs

______________

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

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, 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 Director General of the Vocational Education Department,

The Minister of Labor - Invalids and Social Affairs issues this Circular on regulations regarding the linkage to organize training programs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the linkage to organize training programs (hereinafter referred to as training linkage), including: objects, forms of training linkage, organizing training linkage, rights and obligations of parties involved in training linkage.

Article 2. Applicability

1. This Circular applies to vocational secondary schools, vocational colleges, vocational education centers, continuing education centers, higher education institutions that have registered for vocational education activities at the college level, and enterprises, agencies, organizations (hereinafter referred to as units), individuals with a need for training linkage related to the contents prescribed in Article 1 of this Circular.

2. This Circular does not apply to the object of organizing training programs with foreign elements.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Training linkage is cooperation between the main unit organizing training linkage and the cooperating unit organizing training linkage to implement training programs awarding certificates of completion for intermediate, college, and basic levels without forming a new legal entity.

2. Domestic training linkage is a form of cooperation between domestic vocational education institutions among themselves or between domestic vocational education institutions and enterprises, agencies, organizations, and individuals requiring training linkage.

3. The main unit organizing training linkage is a vocational education center, vocational secondary school, vocational college, university that has registered for college-level training; it is responsible for organizing the training linkage process (including: issuing announcements and recognizing admission results, managing quality, evaluating and recognizing learning outcomes, discipline, awarding graduation certificates, training certificates).

4. The cooperating unit organizing training linkage is a unit or individual requiring training linkage; directly participating in training linkage with the role of cooperating with the main unit organizing training linkage in management, theoretical teaching, practical teaching, and ensuring conditions for implementing training linkage (facilities, equipment, workshops, student management, etc.).

Article 4. Forms of training linkage

Training linkage is organized in two forms as follows:

1. Cooperative training linkage involves the cooperating unit organizing training linkage directly participating in teaching the training program, managing the training process, and ensuring material conditions for implementing training linkage.

The State encourages vocational education institutions and enterprises to link up to organize training to meet social needs; in which enterprises and vocational education institutions cooperate in determining output standards, developing programs, developing enterprise instructors, organizing admissions/recruitment, organizing training at enterprises, signing training contracts with learners... Encouraging vocational education institutions, enterprises, organizations, and individuals to cooperate to organize and recognize training outcomes for certain modules, theoretical and practical subjects (including distance learning, guided self-study).

2. Class placement training linkage involves the cooperating unit organizing training linkage not participating in teaching, only managing and ensuring material conditions for implementing training linkage.

Chapter II

ORGANIZATION OF COLLABORATIVE TRAINING AND RIGHTS AND OBLIGATIONS OF PARTIES INVOLVED IN COLLABORATIVE TRAINING

Article 5. Organizing Joint Training Programs

1. General Requirements

a) The proposed training fields and trades must be in line with local human resource demands and those of enterprises;

b) Ensuring requirements for the quality of instructors, teachers, managers, facilities serving teaching, programs, textbooks suitable for the objectives of the course according to guiding documents for the implementation of the Vocational Education Law;

c) Management of students during the training process is carried out in accordance with Circular No. 17/2017/TT-BLDTBXH dated June 30, 2017 issued by the Minister of Labor - Invalids and Social Affairs on the regulations governing student affairs in vocational secondary and college schools.

2. For the main unit organizing training linkage

a) Having been granted a certificate of registration for vocational education activities by the competent authority for the fields and trades intended for linkage training;

b) Enrollment quotas for linkage training:

- If the unit has not yet implemented the full scale of enrollment granted under the Certificate of Registration for Vocational Education Activities, then the linkage enrollment quota is the remaining portion of the enrollment scale granted under the Certificate of Registration for Vocational Education Activities;

- If the unit has already implemented the full scale of enrollment, then the unit must register additional vocational education activities, in cases where the enrollment scale of each field or trade exceeds 10% or more compared to the granted enrollment scale or in cases of linking with enterprises, organizations, or individuals to organize training activities outside the main campus or branch offices as prescribed in Clause 1, Clause 7, Article 18, Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government on conditions for investment and operation in the vocational education sector.

c) For cooperative training linkage, the main unit organizing training linkage must have a core teaching staff capable of delivering at least 60% of the program's workload;

d) For class placement training linkage, the main unit organizing training linkage must have a core teaching staff capable of delivering 100% of the program's workload.

3. For the cooperating unit organizing training linkage

a) Determining training needs regarding: fields and trades, training levels, and enrollment quotas;

b) The training location must ensure requirements for facilities and equipment necessary for training, ensuring hygiene and safety conditions; having a management team suitable for the training objectives of the course;

c) For health-related training linkage, the training location must meet all conditions for organizing training as prescribed by the Ministry of Health.

d) The cooperating unit in the joint training program may only participate in teaching up to a maximum of 40% of the total program volume if the leading unit of the joint training program requests it, while at the same time must arrange for instructors and teachers participating in teaching to engage in specialized activities with the leading unit of the joint training program.

Article 6. Rights of parties participating in joint training programs

1. Unify the level of admission fees, tuition fees, and remuneration for students during their internships at enterprises according to regulations.

2. Agree and sign contracts to implement joint training programs.

Article 7. Obligations of parties participating in joint training programs

1. The Leading Organization in Joint Training

a) Regarding student recruitment:

Conduct student recruitment in accordance with Circular No. 05/2017/TT-BLDTBXH dated March 2, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, which stipulates the recruitment regulations and determines the enrollment quotas for intermediate and higher vocational education levels.

b) Regarding training organization:

- Implement the content and duration as prescribed in the training program; develop implementation plans, assign teaching tasks, evaluate, recognize learning outcomes and discipline; issue diplomas in accordance with Circular No. 10/2017/TT-BLDTBXH dated March 13, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, which stipulates the format of graduation certificates for intermediate and higher vocational education levels; print, manage, issue, recover, and cancel graduation certificates for intermediate and higher vocational education levels;

- Joint training conducted on a regular basis shall be carried out in accordance with Circular No. 09/2017/TT-BLDTBXH dated March 13, 2017, issued by the Minister of Labor, Invalids, and Social Affairs, which stipulates the organization and implementation of training programs for intermediate and higher vocational education levels under the academic year system or modular or credit accumulation methods; examination, testing, and graduation recognition regulations, and Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015, issued by the Minister of Labor, Invalids, and Social Affairs, which stipulates primary vocational training.

- Joint training conducted on a part-time basis shall be carried out in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

c) The head of the leading unit in the joint training program issues a decision on joint training recruitment when all requirements stipulated in Article 5 of this Circular are met. The decision on joint training recruitment must clearly state the name of the major, profession, educational level, and training form, the target group, and the recruitment form.

2. The coordinating unit for joint training shall be responsible for:

a) Cooperate with the leading training unit in accordance with the agreement in the joint training contract.

b) Cooperating to monitor and supervise the implementation of the training plan, the organization of teaching and learning, and promptly reflecting any violations to the main training unit for timely correction.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of ministries, ministerial-level agencies, government agencies, provincial people's committees, and political-social organizations

1. Direct, guide, and inspect joint training activities at schools within their management scope.

2. Coordinate with the Ministry of Labor, Invalids, and Social Affairs to implement this Circular.

Article 9. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. Guide the implementation of joint training organization for schools within their management scope in accordance with this Circular.

2. Annually compile the situation of joint training at vocational education institutions in their jurisdiction as of December 31 and report to the Ministry of Labor, Invalids, and Social Affairs (through the General Department of Vocational Education) before January 25 of the following year using the form attached as Appendix 01 to this Circular for consolidation and publication on the General Department of Vocational Education's website.

3. Report to the competent authority on joint training activities and other related issues in accordance with the law or report urgently when required.

Article 10. Responsibilities of units, agencies, organizations, and individuals involved in training collaboration

1. Issue regulations on training collaboration for units, agencies, organizations, and individuals involved in training collaboration.

2. Within thirty days from the date of signing the training collaboration contract, colleges and higher education institutions that have registered to conduct vocational education at the college level participating in training collaboration shall report to the Ministry of Labor - Invalids and Social Affairs (through the General Department of Vocational Education); secondary vocational schools, vocational education centers, continuing education centers, and agencies, organizations, individuals, and enterprises participating in training collaboration shall report to the provincial Department of Labor - Invalids and Social Affairs where their main office is located. The content of the report follows the form attached as Appendix 02 to this Circular.

3. Annually, submit a written report on the status of training collaboration of the unit up to December 31 to the competent authority, the provincial Department of Labor - Invalids and Social Affairs where the unit's main office is located before January 10 of the following year. The content of the report follows the form attached as Appendix 03 to this Circular.

4. Maintain training collaboration files in accordance with current regulations on record-keeping systems.

Article 11. Effective Date

1. This Circular takes effect from January 29, 2018.

2. Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally governed cities, political-social organizations, the General Department of Vocational Education, provincial Departments of Labor - Invalids and Social Affairs, relevant units, agencies, organizations, and individuals are responsible for implementing this Circular./.