Circular No. 32/2018/TT-BLDTBXH guiding the support for vocational training for workers employed in small and medium-sized enterprises

CIRCULAR

Guidelines on vocational training support for workers employed in small and medium-sized enterprises

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

Pursuant to the Law on Supporting Small and Medium Enterprises dated June 12, 2017;

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

Based on Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises;

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;

Pursuant to Decision No. 46/2015/QD-TTg dated September 28, 2015 of the Prime Minister stipulating policies for supporting basic level vocational training and training programs under three months;

At the proposal of the Director General of the Vocational Education Department,

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the provision of vocational training support for workers currently employed in small and medium-sized enterprises.

Article 1. Scope of Regulation

This Circular guides the provision of vocational training support at the basic level and for training programs under three months for workers currently employed in small and medium-sized enterprises, including: conditions for workers eligible for vocational training support; supported vocational fields; procedures and forms of organization for training; responsibilities of relevant agencies, units, and individuals.

Article 2. Applicability

This Circular applies to workers currently employed in small and medium-sized enterprises; colleges, technical schools, vocational education centers, and other institutions registered for vocational education activities (hereinafter referred to collectively as vocational training institutions); small and medium-sized enterprises as defined in Clause 1, Article 4 of the Law on Supporting Small and Medium-Sized Enterprises (hereinafter referred to collectively as enterprises); and relevant agencies, units, and individuals.

Article 3. Conditions for Workers Eligible for Vocational Training Support

1. A worker who meets the conditions specified in Clause 2, Article 14 of Decree No. 39/2018/NĐ-CP dated March 11, 2018 of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises, and is sent by an enterprise to participate in basic level vocational training courses or training programs under three months, shall be entitled to 100% funding for training costs.

2. Among the groups mentioned in Paragraph 1 of this Article, priority shall be given to vocational training support for workers who are beneficiaries of preferential policies for those with meritorious service in the revolution, persons with disabilities, ethnic minority people, households living in poverty or near poverty, households whose agricultural land or business land has been reclaimed, and workers in enterprises operating in rural areas, mountainous regions, ethnic minority areas, and enterprises owned by women.

Article 4. Vocational Fields Eligible for Training Support

1. Basic level vocational fields or training programs under three months are selected by enterprises based on their registered business sectors and occupations and included in the list of vocational fields approved by provincial People's Committees pursuant to Decision No. 46/2015/QD-TTg dated September 28, 2015 of the Prime Minister stipulating policies for supporting basic level vocational training and training programs under three months.

2. Enterprises may select vocational training institutions within the province or centrally-administered city where they operate, which offer the vocational fields specified in Paragraph 1 of this Article, to send their workers to participate in vocational training courses.

Article 5. Procedures and Forms of Organization for Training

1. An enterprise sends one or more of its workers to participate in vocational training courses through a written document specifying full name, date of birth, length of employment at the enterprise, social insurance number, vocational field to be trained, training form, and anticipated duration of participation in the training course for each worker, to be submitted to the vocational training institution and the Department of Labor, Invalids and Social Affairs where the enterprise operates.

2. The vocational training institution receives the enterprise’s document, conducts admission and enrollment procedures for the enterprise’s workers as it would for regular students enrolling in basic level vocational training according to Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015 of the Minister of Labor, Invalids and Social Affairs on basic level vocational training (hereinafter referred to as Circular No. 42/2015/TT-BLDTBXH), or enrolls them in training programs under three months according to Circular No. 43/2015/TT-BLDTBXH dated October 20, 2015 of the Minister of Labor, Invalids and Social Affairs on regular vocational training (hereinafter referred to as Circular No. 43/2015/TT-BLDTBXH).

3. Workers sent by enterprises to participate in basic level vocational training or training programs under three months are organized to study in separate classes or integrated with regular students of the vocational training institution, as decided by the head of the vocational training institution and notified to the enterprise and students at least ten working days before the commencement of the course.

4. The vocational training institution organizes training for workers sent by enterprises to participate in basic level vocational training according to Circular No. 42/2015/TT-BLDTBXH or training programs under three months according to Circular No. 43/2015/TT-BLDTBXH strictly in accordance with the vocational fields and training content selected by the enterprise.

In cases where workers from enterprises participate in basic level vocational training through combined work and study programs, they shall follow the regulations stipulated in Circular No. 31/2017/TT-BLDTBXH dated December 28, 2017 of the Minister of Labor, Invalids and Social Affairs on vocational training at college, intermediate, and basic levels through combined work and study programs.

Article 6. Responsibilities of relevant agencies, units, and individuals

1. The General Department of Vocational Education shall assist the Ministry of Labor, Invalids and Social Affairs to take the lead and coordinate with central ministries and sectors, localities in directing and guiding the implementation of the provisions of this Circular. Organize inspections, examinations, and evaluations of the implementation of vocational training support policies for workers currently employed in enterprises as prescribed and compile reports on the results of implementation in annual enrollment and vocational training reports.

2. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

a) Direct provincial departments, industries, agencies, and units; vocational training institutions and enterprises within their jurisdiction to implement the provisions of this Circular.

b) Allocate funds to implement vocational training support policies for workers currently employed in enterprises in accordance with the laws and guidance provided in this Circular.

c) Organize inspections, examinations, evaluations of the implementation of vocational training support policies for workers currently employed in enterprises and compile reports on the results of implementation to be submitted to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment as prescribed.

3. Responsibilities of the Provincial Department of Labor, Invalids, and Social Affairs

a) Advise and propose to the People's Committees of provinces and centrally-administered cities in implementing vocational training support policies for workers currently employed in enterprises as prescribed in this Circular.

b) Guide enterprises and vocational training institutions within their jurisdiction to implement vocational training support policies for workers currently employed in enterprises as prescribed in this Circular.

c) Compile plans and results of the implementation of vocational training support policies for workers currently employed in enterprises by vocational training institutions within their jurisdiction according to current regulations.

d) Carry out inspection, examination, supervision, and evaluation of the implementation of vocational training support policies for workers currently employed in enterprises by vocational training institutions and enterprises within their jurisdiction and compile reports on the results of implementation in annual vocational education reports to be submitted to the General Department of Vocational Education and the People's Committees of provinces and centrally-administered cities.

4. Responsibilities of small and medium-sized enterprises

a) Provide information and disseminate vocational training support policies for workers currently employed in enterprises as prescribed by law and guidance in this Circular.

b) Annually propose plans to support vocational training for workers currently employed in enterprises, following the guidance of the Department of Labor, Invalids and Social Affairs where the enterprise operates, with main contents including: Evaluation of the results of vocational training support in the previous year (if applicable); forecast of the enterprise's production and business development plan; forecast of the number of workers needed for training, training professions, training forms, and other related contents.

c) Select training professions, training institutions, and dispatch workers currently employed in enterprises to participate in vocational training courses as prescribed in this Circular. Bear responsibility for selecting and proposing the dispatch of workers currently employed in enterprises to participate in vocational training courses in accordance with the law.

d) Pay wages and social insurance, health insurance premiums for students during their study period as prescribed in Clause 3, Article 62 of the Labor Code and other expenses (if any) as prescribed in Article 144 of the Labor Code. Remaining costs shall be agreed upon between the enterprise and the worker when dispatched to participate in vocational training courses.

đ) Participate in supervising the organization of vocational training by vocational training institutions for workers dispatched by the enterprise to study and compile reports on the implementation of vocational training support policies to be submitted annually to the Department of Labor, Invalids and Social Affairs where the enterprise operates as prescribed in Clause 2, Article 60 of the Labor Code.

5. Responsibilities of vocational training institutions

a) Annually establish plans to implement vocational training support policies for workers currently employed in enterprises following the guidance of the Department of Labor, Invalids and Social Affairs of provinces and centrally-administered cities.

b) Guide workers employed in enterprises regarding enrollment application procedures and training management. Organize vocational training at the primary level or training under three months for workers currently employed in enterprises as prescribed in Article 5 of this Circular.

c) Inform enterprises about the situation and results of learning for workers dispatched by the enterprise at the end of the vocational training course.

d) Report on the results of vocational training for workers currently employed in enterprises in enrollment and vocational training reports as prescribed to be submitted to the Department of Labor, Invalids and Social Affairs of provinces and centrally-administered cities.

6. Responsibilities of learners who are workers currently employed in enterprises

a) Understand and have the right to request enterprises to disseminate and guide them to understand vocational training support policies for workers currently employed in enterprises and to request training and human resource development to serve production and business operations of the enterprise.

b) Exercise the right to choose and propose to the enterprise regarding training professions, vocational training institutions, training locations, training forms, time to participate in training courses, and other necessary supports when participating in vocational training courses in accordance with the law and enterprise regulations.

c) Truthfully and fully declare personal information and bear responsibility for the contents declared in the enrollment application form. Fully participate in the training program of the course. Adhere to class rules and regulations of the vocational training institution.

d) Report on the results of participation in vocational training courses and comply with the assignment of the enterprise after completing the vocational training course.

Article 7. Effective Date

1. This Circular takes effect from February 8, 2019.

2. During implementation, if there are any difficulties, they should be reported to the Ministry of Labour, Invalids and Social Affairs for consideration and resolution./.