Decision No. 370/2003/QĐ-BLĐTBXH on Issuing the Regulation on Appointment, Recognition, Reappointment, Resignation, and Removal of Principals, Deputy Principals of Vocational Schools, and Directors of Vocational Training Centers

 Pursuant to …;

Regarding the issuance of the Regulation on the appointment, recognition, reappointment, resignation, and removal of the Principals and Deputy Principals of vocational schools and Directors of vocational training centers

again, resignation, dismissal of the Rector, Deputy Rector

of the Vocational School and Director of the Vocational Training Center

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THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Government Organization Law dated December 25, 2001;

Pursuant to Decree No. 96/CP dated December 7, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 02/2001/NĐ-CP dated January 9, 2001 of the Government detailing the implementation of the Labor Code and the Education Law on vocational training;

Based on the proposal of the General Director of the Vocational Training General Department.

Pursuant to …;

Article 1: This Decision promulgates the Regulation on the appointment, recognition, reappointment, resignation, and removal of the Principals and Deputy Principals of vocational schools and Directors of vocational training centers.

Article 2: This Decision takes effect 15 days from the date of publication in the Official Gazette. All previous regulations contrary to this Decision are hereby abolished.

Article 3: The Heads of the Ministry's Office, the Heads of the Cadre Organization and Training Department, the General Director of the Vocational Training General Department, the Principals of vocational schools, the Directors of vocational training centers, and the Heads of related units are responsible for implementing this Decision.

 

REGULATIONS

REGULATION ON THE APPOINTMENT, RECOGNITION, REAPPOINTMENT, RESIGNATION, AND REMOVAL OF THE PRINCIPALS AND DEPUTY PRINCIPALS OF VOCATIONAL SCHOOLS AND DIRECTORS OF VOCATIONAL TRAINING CENTERS
(Issued together with Decision No.../2003/QĐ-BLĐTBXH, dated...month...year 2003 of the Minister of Labor, War Invalids and Social Affairs)

Chapter 1:
GENERAL PROVISIONS

Article 1. This Regulation stipulates the criteria, conditions, procedures, and formalities for the appointment, recognition, reappointment, resignation, and removal of the Principals and Deputy Principals of vocational schools and Directors of vocational training centers.

Article 2. This Regulation shall be uniformly applied to public, semi-public, private, and privately-owned vocational schools and training centers.

This Regulation does not apply to vocational schools with foreign investment capital.

Article 3. The appointment and recognition of the Principals and Deputy Principals of vocational schools and Directors of vocational training centers must meet the following requirements:

1- Must be based on the functions and tasks of the vocational school or training center and the political qualities, morals, and professional expertise of cadres;

2- The leadership body with authority must consider and decide democratically, responsibly, and within the scope of their respective powers and those of the head of the school or center;

3- Ensure stability, continuity, and development of the cadre team, improve the quality and effectiveness of the operations of the organization or unit.

Chapter 2:
CRITERIA AND CONDITIONS FOR APPOINTMENT

Article 4. Principal of a vocational school:

1- A Vietnamese citizen; having good political qualities, morals; recognized for professional expertise; possessing management and administrative capabilities for running the school; having health sufficient to fulfill assigned tasks;

2- Having a bachelor's degree or higher in at least one field of study offered by the school;

3- Having at least five years of teaching experience at a specialized school;

4- For initial appointment, the age limit is not more than 55 years old for males and 50 years old for females; the term of appointment is five years.

For non-public vocational schools, the age limit for initial appointment may exceed 55 years old for males and 50 years old for females; they may be members of the Board of Directors; and they need not be civil servants.

Article 5. Deputy Principal of Vocational School:

1- Is a Vietnamese citizen; has good political qualities, morality; has professional trustworthiness; has management capacity in the field of responsibility; has health to fulfill assigned tasks.

2- Has a bachelor's degree or higher, with a training major suitable for the field of responsibility.

3- Has at least three years of teaching experience at a vocational school.

4- The initial appointment age does not exceed 50 years old for males, 45 years old for females; the appointment term is five years.

For non-public vocational schools, the initial appointment age may be over 50 years old for males, over 45 years old for females; may be a member of the Board of Directors; is not a civil servant.

Article 6. Director of Vocational Training Center:

1- Is a Vietnamese citizen; has good political qualities, morality; has a technical college degree or higher vocational level; has management capacity and understands vocational training.

2- The initial appointment age for the Director of Vocational Training Center does not exceed 50 years old for males, 45 years old for females; for Vocational Training Centers under districts, counties and equivalent, the initial appointment age does not exceed 45 years old (for both males and females); the appointment term is five years.

Chapter 3
PROCEDURES, DOCUMENTS, AUTHORITY FOR APPOINTMENT, RECOGNITION, REAPPOINTMENT, DECISION TO DISMISS AND RELIEVE PRINCIPALS, DEPUTY PRINCIPALS OF VOCATIONAL SCHOOLS, DIRECTORS OF VOCATIONAL TRAINING CENTERS

PART I
PROCEDURES, DOCUMENTS, AUTHORITY FOR APPOINTMENT OF PRINCIPALS, DEPUTY PRINCIPALS OF VOCATIONAL SCHOOLS, DIRECTORS OF PUBLIC VOCATIONAL TRAINING CENTERS

 

Article 7. The head of the Vocational School or Vocational Training Center bases on the criteria of the appointed position, selects and introduces personnel from the staff of the School or Center or from outside the School or Center to the Joint Conference.

The Joint Conference's membership for introducing personnel includes: The head of the School or Center, Secretary of the Party Committee or Branch Secretary, Chairman of the Trade Union, Secretary of the Ho Chi Minh Communist Youth Union, and Head of Women's Affairs Office (if any).

The head of the School or Center presents the criteria of the appointed position, summarizes the curriculum vitae, work history, evaluates strengths and weaknesses, strong and weak points, and development prospects of the introduced person. Organizes discussion, compiles opinions of the Joint Conference to submit to the meeting for collective trust vote of the School or Center's civil servants.

Article 8. The organization of the meeting for collective trust vote is conducted as follows:

1- The head of the School or Center presents the appointment proposal; the criteria of the appointed position; summarizes the educational and work history, evaluates strengths and weaknesses of the introduced person.

Participants in the meeting can introduce additional personnel for the collective trust vote.

2- The collective trust vote must ensure democracy, transparency, and objectivity. The trust vote form serves as a reference and is not the sole basis for appointment. The trust vote form according to a unified model is stipulated in this Regulation.

The ballot counting committee consists of: The meeting chairperson as the head and two members (who are not the subject of the trust vote) elected by the meeting. The ballot counting record must have signatures of the head and all members.

Article 9. After the collective trust vote, the head of the School or Center chairs the Joint Conference with the membership as prescribed in Article 7, reports the results of the trust vote. The Joint Conference exchanges, evaluates strengths and weaknesses of the introduced person and votes to propose appointment. The Joint Conference must establish a record signed by the head of the School or Center; Secretary of the Party Committee or Branch Secretary, Chairman of the Trade Union, Secretary of the Ho Chi Minh Communist Youth Union, and Head of Women's Affairs Office (if any).

Article 10. For the introduced person who is not from the Vocational School or Vocational Training Center, the competent authority or authorized authority is responsible for selecting personnel; discusses and agrees with the head, Secretary of the Party Committee or Branch Secretary of the unit where the officer works and the place requiring leadership and management personnel to consider and decide on appointment.

Article 11. The dossier for appointment shall include:

1- A proposal requesting the competent authority to decide on the appointment;

2- Minutes of the Joint Conference proposing the appointment;

3- Minutes of the meeting to collect trust votes (for in-place personnel appointments);

4- Personal history statement of the proposed appointee self-reported according to model 2C/TCTW (with comments from the Head of the unit) and the asset declaration form of the proposed appointee;

5- Annual civil servant evaluation forms of the proposed appointee for the two most recent years.

Article 12. Decision-making authority:

The Principal, Deputy Principal of a Vocational Training School, and the Director of a Public Vocational Training Center shall be appointed by the Head of the agency that established the School or Center.

PART II:
PROCEDURES, AUTHORITY AND DOSSIER FOR RECOGNITION OF PRINCIPALS AND DEPUTY PRINCIPALS OF VOCATIONAL TRAINING SCHOOLS, DIRECTORS OF SEMI-PUBLIC, PRIVATE, AND PUBLICLY-FINANCED VOCATIONAL TRAINING CENTERS

Article 13. Procedures and authority for recognition:

For semi-public and private vocational training schools, the Board of Directors shall apply the criteria for the title of Principal and Deputy Principal of public vocational training schools, select the Principal and Deputy Principal, and propose them to the Head of the agency that established the school for recognition.

For privately-owned vocational training schools, the group of individuals who contributed capital to establish the school shall apply the criteria for the Principal and Deputy Principal of public vocational training schools, select the Principal and Deputy Principal, and report to the Department of Labor, Invalids, and Social Affairs for submission to the People's Committee of the province (or centrally-administered city) for recognition.

For non-publicly-funded vocational training centers, the group of individuals who contributed capital to establish the center shall apply the criteria for the Director of a publicly-funded vocational training center, consider and appoint the Director (after reaching agreement with the Director of the Department of Labor, Invalids, and Social Affairs).

Article 14. The dossier for recognition shall include:

1- A letter of request from the Board of Directors (for semi-public and private schools), a letter from the Department of Labor, Invalids, and Social Affairs (for privately-owned schools);

2- Minutes of the Board of Directors' meeting (for semi-public and private schools), minutes of the meeting of the group of individuals who contributed capital to establish the school (for privately-owned schools);

3- Personal history statement of the proposed appointee self-reported according to model 2C/TCTW (with confirmation from the local government authority where they reside).

PART III:
REQUIREMENTS, PROCEDURES, DOSSIER, AUTHORITY FOR REAPPOINTMENT, DECISION TO RESIGN OR REMOVAL OF PRINCIPALS AND DEPUTY PRINCIPALS OF VOCATIONAL TRAINING SCHOOLS, DIRECTORS OF PUBLICLY-FINANCED VOCATIONAL TRAINING CENTERS

Article 15. Reappointment:

1- Before the term of office of the cadre ends (five years), they must be considered for reappointment or not reappointed. If a cadre has more than two but less than five years left before retirement age, and is reappointed, their term will be calculated until the retirement age as stipulated. If a cadre has less than two years left before retirement age, the competent authority will consider extending their leadership position until the retirement age as stipulated.

Reappointment must ensure organizational stability, cadre stability, and work effectiveness;

The individual under consideration for reappointment must have completed their tasks during the previous term; possess the capability and health to perform the upcoming term's duties, and be required by the School or Center;

Cadres not reappointed will be assigned other work.

2- Procedures for reappointment:

The cadre being reappointed must conduct a personal responsibility review during their term of office, as stipulated in Articles 7 and 8 of the Annual Civil Servant Evaluation Regulations issued by Decision No. 11/1998/QĐ-TCCP-CCVC dated December 5, 1998 of the Government Civil Service Commission (now the Ministry of Home Affairs).

The professional leadership team, Party, and mass organizations shall evaluate and collect trust votes from civil servants, and propose opinions on whether to reappoint or not reappoint.

3- Dossier for reappointment:

- Personal responsibility review during the term of office;

- Minutes of the meeting providing feedback and suggestions from the professional leadership team, Party, and mass organizations;

- Minutes of the civil servant trust vote;

- A letter (proposal) requesting reappointment of the cadre from the Vocational Training School or Vocational Training Center to the appointing authority.

4- Authority to decide on reappointment:

The level that made the original appointment decision shall also make the reappointment decision.

Article 16. Resignation, Removal:

1- The Principal, Vice Principal of a Vocational School, Director of a Vocational Training Center who voluntarily requests to resign from their position shall submit a resignation letter to the competent authority. Within one month from the date of receipt of the resignation letter, the competent authority must examine and decide.

2- The Principal, Vice Principal of a Vocational School, Director of a Vocational Training Center due to work requirements or in cases such as: inadequate health; failure to complete tasks; violation of Party discipline and state laws but not reaching the level of being disciplined with dismissal as a form of punishment, the competent authority may consider removal and reassignment to another position.

Chapter 4:
IMPLEMENTING PROVISIONS

Article 17. Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally governed cities have the responsibility to guide and direct Departments of Labor - Invalids and Social Affairs, related agencies, vocational schools, and vocational training centers to implement this Regulation.

Unit:...

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