Joint Circular No. 39/2015/TTLT-BLDTBXH-BGDĐT-BNV guides the merger of Vocational Training Centers, Continuing Education Centers, and Comprehensive Technical-Vocational Guidance Centers under county-level public institutions into Vocational Education and Continuing Education Centers; functions, tasks, authorities, and organizational structure of Vocational Education and Continuing Education Centers.

JOINT CIRCULAR

Guidelines for the merger of Vocational Training Centers, Continuing Education Centers, Public Comprehensive Technical and Vocational Guidance Centers at the district level into Vocational Education and Continuing Education Centers; functions, tasks, authorities, and organizational structure of Vocational Education and Continuing Education Centers
education on June 14, 2005 and the Law amending and supplementing some articles of the Education Law
106/2012/ND-CP dated December 20, 2012 of the Government
32/2008/ND-CP dated March 19, 2008 of the Government
Decision No. 6/2014/TT-BLDTBXH 

WHEREAS,ứ Law onJune 2024;55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units;No. Implementing Resolution No. 64/NQ-CP dated September 4, 2014 of the Government at its regular meeting in August 2014;June 2024;education dated November 25, 2009;

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

Pursuant to DecreeNo. Labour, Invalids and Social Affairs, the Minister of Education and Training, the Minister of Civil Service issue this Joint Circular guiding the merger of Vocational Training Centers, Continuing Education Centers, Public Comprehensive Technical and Vocational Guidance Centers at the district level into Vocational Education and Continuing Education Centers; functions, tasks, authorities, and organizational structure of Vocational Education and Continuing Education Centers."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Theo đề nghị của Vụ trưởng Vụ Tín dụngof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThis Joint Circular guides the merger of Vocational Training Centers, Continuing Education Centers, Public Comprehensive Technical and Vocational Guidance Centers at the district level (hereinafter referred to collectively as district-level public centers) into Vocational Education and Continuing Education Centers; functions, tasks, authorities, and organizational structure of Vocational Education and Continuing Education Centers.iPursuant to the request of the Director General of the Department of Vocational Education;

Pursuant to DecreeNo. Article 1. The district-level public centers include: Vocational Training Centers; Continuing Education Centers; Comprehensive Technical and Vocational Guidance Centers.Deputy ministers of ministerial-level agencies, This Circular stipulates standards and conditions for promotion to higher ranks of teaching positions for staff members in public universities and teacher training colleges, including public college teacher training institutions that offer Early Childhood Education at the college level (hereinafter referred to collectively as teacher training colleges).

b) People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committees);June 2024;Article 2. Vocational Education and Continuing Education Centers and related organizations and individuals.Deputy ministers of ministerial-level agencies,a Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Theo đề nghị của Vụ trưởng Vụ Tín dụngof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsd) Agencies, organizations, units, and individuals related to the establishment and operation of Management Boards in public service units;

Pursuant to DecreeNo. ORGANIZATION OF THE MERGER OF DISTRICT-LEVEL PUBLIC CENTERS

Article 3. Principles of MergerJune 2024;Clause 1. Ensuring compliance with the planning for the development of educational and vocational training networks and career guidance in localities; meeting the demand for vocational training and organizing continuing education programs in the district.

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;iClause 2. Enhancing the capacity for vocational training, continuing education, and career guidance; effectively utilizing human resources and investment resources of district-level public centers after the merger.June 2024;Clause 3. Ensuring smooth and sustainable implementation of vocational education, continuing education, and career guidance tasks, meeting the continuous learning needs of the people, contributing to building a learning society.June 2024;Clause 4. Ensuring the rights of civil servants, teachers, and staff of district-level public centers after the merger.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsArticle 4. Requirements for MergerJune 2024;Clause 1. Developing plans for organizational restructuring, leadership personnel, and staffing positions to implement the merger decision.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Clause 2. Ensuring conditions regarding infrastructure, equipment, and necessary means for operations after the merger.

Article 2. Applicability

Clause 3. Having plans to address issues related to personnel, finance, assets, land, and other relevant matters during the merger.

2. The Vocational Education and Training - Continuing Education Center and related organizations and individuals.

Chapter II
MERGING OF COUNTY-PUBLICLY OWNED CENTERS
PART I

Article 3. Principles of Merger

1. Ensuring compliance with the local planning for the development of the network of educational institutions and vocational training and career guidance facilities; meeting the demand for vocational training and implementing continuing education programs within the county.

2. Enhancing the capacity for vocational training, continuing education, and career guidance; effectively utilizing human resources and investment capital from county-publicly owned centers after the merger.

3. Ensuring smooth and sustainable implementation of vocational education, continuing education, and career guidance tasks, meeting the continuous learning needs of the people throughout their lives, contributing to building a learning society.

4. Ensuring the rights of civil servants, teachers, and staff at county-publicly owned centers after the merger.

Article 4. Requirements for Merger

1. Developing organizational restructuring plans, leadership personnel arrangements, and staffing positions to implement the merger decision.

2. Ensuring necessary physical infrastructure, equipment, and means for operation after the merger.

3. Having plans to address personnel, financial, property, land, and other related issues during the merger process.

Article 5. Cases of organization mergers

1. In cases where there are three public centers at the district level, they shall be merged into a Vocational Education and Continuing Education Center with all three functions of vocational training, continuing education, and career guidance.

2. In cases where there are two public centers at the district level, they shall be merged into a Vocational Education and Continuing Education Center and supplement the missing functions to have all three functions of vocational training, continuing education, and career guidance.

3. In cases where there is only one public center at the district level, it shall be renamed as a Vocational Education and Continuing Education Center to implement the functions as prescribed in this Circular.

4. The Chairman of the People's Committee of the province or centrally governed city decides to assign additional missing functions to the Vocational Education and Continuing Education Center after the merger.

Article 6. Name of the Vocational Education and Continuing Education Center

1. The naming of Vocational Education and Continuing Education Centers shall be as follows: "Vocational Education and Continuing Education Center + name of the district administrative unit".

2. The name of the center shall be recorded in the decision establishing the center, seal, signboard, and transaction documents.

Article 7. Hierarchical Management

1. The People's Committee at the district level directly manages and directs the Vocational Education and Continuing Education Center.

2. The Department of Labor, Invalids and Social Affairs, the Department of Education and Training shall be responsible for managing and providing professional guidance to the Vocational Education and Continuing Education Center according to their authority.

Article 8. Legal Status of the Vocational Education and Continuing Education Center

1. The Vocational Education and Continuing Education Center is a public service unit at the district level, having legal personality, its own seal, and separate account.

2. The Vocational Education and Continuing Education Center operates in accordance with the Law on Vocational Education, the Law on Education, this Joint Circular, and other relevant laws.

Article 9. Procedures and Formalities for Merger Implementation

1. The People's Committee at the district level shall take the lead and coordinate with the Department of Home Affairs, the Department of Labor, Invalids and Social Affairs, the Department of Education and Training, and related agencies to develop a merger plan for public centers at the district level in accordance with Article 14 of Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 55/2012/ND-CP).

2. The Department of Home Affairs shall be responsible for reviewing the merger of public centers at the district level within the time limit specified in Clause 1, Article 16 of Decree No. 55/2012/ND-CP.

3. The procedures, formalities, and documents for merging public centers at the district level into a Vocational Education and Continuing Education Center shall be carried out in accordance with the provisions of Decree No. 55/2012/ND-CP.

Article 10. Authority to Decide on Merger

The Chairman of the People's Committee of the province or centrally governed city decides on the merger of centers as stipulated in Clause 1, Article 2 of this Joint Circular in accordance with the law.

Article 11. Activities of the Vocational Education and Continuing Education Center

The activities of the Vocational Education and Continuing Education Center shall be carried out in accordance with the following provisions:

1. The content of vocational training activities at the primary level and under three months shall be implemented in accordance with the provisions of the Law on Vocational Education and the Charter of the Vocational Education Center issued by the Minister of Labor, Invalids and Social Affairs.

2. The content of continuing education activities shall be implemented in accordance with the Regulation on the organization and operation of the continuing education center issued together with Decision No. 01/2007/QD-BGDĐT dated January 2, 2007 of the Minister of Education and Training.

3. The content of vocational guidance education activities shall be implemented in accordance with the Regulation on the organization and operation of the General Technical Center for Vocational Guidance issued together with Decision No. 44/2008/QD-BGDĐT dated July 30, 2008 of the Minister of Education and Training.

Article 12. Construction and Issuance of the Regulation on the Organization and Operation of the Vocational Education and Continuing Education Center

Based on the provisions of Article 11 of this Joint Circular, the Director of the Vocational Education and Continuing Education Center shall organize the construction of the Regulation on the organization and operation suitable to the specific conditions of the center and submit it for approval by the Chairman of the People's Committee of the district.

Chapter III
TASKS AND POWERS OF THE VOCATIONAL EDUCATION AND CONTINUING EDUCATION CENTER
VOCATIONAL TRAINING - CONTINUING EDUCATION

Article 13. Tasks of the Vocational Education and Continuing Education Center

1. Organizing direct vocational training for production, business, and services at the primary level, vocational training under three months; accompanying vocational training, passing on trades, apprenticeship training; vocational skill enhancement training for workers in enterprises; completing vocational skills for workers; vocational training for rural labor and implementing support policies for primary level training and training under three months.

2. Implementing continuing education programs including: illiteracy eradication and further education after literacy; education programs meeting learners' requirements, updating knowledge and skills, technology transfer; training and skill enhancement programs for professional and vocational qualifications; education programs to obtain certificates from the national education system.

3. Building and implementing programs, textbooks, learning materials at the primary level and under three months for permitted trades; training and skill enhancement programs for professional and vocational qualifications, updating knowledge and skills, technology transfer.

4. Developing and organizing enrollment plans.

5. Managing the staff, teachers, and employees of the center in accordance with the law.

6. Organizing labor production and technical service activities to serve training.

7. Researching and applying scientific topics on vocational education, continuing education, and vocational guidance; testing, applying, and transferring new technologies to serve local socio-economic development.

8. Organizing teaching and learning activities; conducting examinations and issuing certificates in accordance with regulations.

9. Providing vocational counseling and job placement advice for learners; coordinating with junior high schools and high schools to promote vocational guidance and分流后的第二部分：

10. Cooperating with businesses, organizations, individuals, and families of learners in vocational training, continuing education, and vocational guidance activities; organizing visits, practical training, and internships for learners at businesses.

11. Implementing democracy and transparency in the implementation of vocational training, continuing education, and vocational guidance tasks.

12. Managing and using land, facilities, equipment, and finances in accordance with the law.

13. Creating conditions or organizing training and enhancement for the center's staff, teachers, and employees to study and improve their professional and vocational qualifications.

14. Implementing regular and ad hoc reporting systems as prescribed.

15. Fulfilling other tasks as prescribed by law.

Article 14. Powers of the Vocational Education and Continuing Education Center

1. To proactively develop and implement plans for center development that align with vocational education development strategies and the network planning of Vocational Education and Continuing Education Centers to meet labor market demands.

2. To organize training in accordance with the provisions of the law.

3. To engage in joint ventures and collaborations with domestic enterprises, organizations, individuals, and foreign organizations and individuals to organize vocational skill training, supplementary training, and skill enhancement in accordance with the provisions of the law.

4. To mobilize, accept sponsorships, manage, and utilize resources in accordance with the provisions of the law to carry out training activities.

5. To organize production, business, and services in accordance with the provisions of the law.

6. To use income from economic activities to invest in building the physical infrastructure of the center, fund activities, and supplement the center's financial resources.

7. To exercise other autonomy rights in accordance with the provisions of the law.

Chapter IV
ORGANIZATIONAL STRUCTURE AND STAFF OF THE CENTER
VOCATIONAL TRAINING - CONTINUING EDUCATION

Article 15. Organizational Structure

The organizational structure of the Vocational Education and Continuing Education Center includes:

1. Director and not more than two Deputy Directors.

2. Specialized and operational units: Academic Affairs Unit; Administrative and General Affairs Unit; Vocational Training and Career Guidance Unit; Continuing Education Unit; Production, Service, and Training Support Units (if any).

Based on the functions and tasks assigned; scale, vocational training professions, and organizational structure in the center’s operational regulations approved by the competent authority, the center director decides to establish specialized and operational units under the center.

3. Production, service, and training support units

The Vocational Education and Continuing Education Center may establish production, business, service, and training support units. The establishment and operation of these units shall be carried out in accordance with the provisions of the law.

Article 16. Standards, Conditions, and Authority for Appointing Directors and Deputy Directors

1. The Director and Deputy Director of the Vocational Education and Continuing Education Center must have good moral character, hold a bachelor's degree or higher, be in good health, and have been trained in leadership and management skills.

2. Appointment Authority:

The appointment, reappointment, dismissal, transfer, rotation, commendation, disciplinary action, and implementation of policies and benefits for the Director and Deputy Director of the Vocational Education and Continuing Education Center shall be decided by the Chairman of the People's Committee at the district level in accordance with the law and the delegation of the Provincial People's Committee.

Article 17. Tasks and Powers of the Director

The Director is the head of the center, representing the center before the law, responsible for managing and directing the center's activities, having duties and powers as stipulated in Clause 3 of Article 13 of the Vocational Education Law, Clause 5 of Article 13 of the Operational Regulations of the Continuing Education Center issued by the Ministry of Education and Training, and related legal documents:

1. Duties:

a) To build and implement training and capacity-building plans;

b) To manage the center's physical infrastructure, assets, and finances, and organize the effective exploitation and utilization of mobilized resources to serve training activities in accordance with the law;

c) Manage finances, decide on income and expenditure, and distribute labor outcomes, technical practices, and services in accordance with regulations;

d) To continuously improve working, teaching, and learning conditions for staff, teachers, employees, and students;

đ) To organize and direct the creation of a healthy training environment; ensuring political security and social order within the center;

e) To implement democratic regulations; state policies and benefits for staff, teachers, employees, and students in the center;

g) Fully and promptly implement periodic and ad hoc reporting systems as prescribed by law;

h) Other duties as prescribed by law.

2. Authorities:

a) To decide on measures to implement the tasks and powers of the Vocational Education and Continuing Education Center as prescribed in Articles 13 and 14 of this Circular;

b) To decide on the establishment of specialized and operational units; production, business, service, and training support units according to the center's organizational structure approved by the competent authority;

c) To appoint unit heads and deputy unit heads of specialized and operational units; production, business, service, and training support units;

d) To decide on the conclusion of employment contracts with staff, teachers, and employees in accordance with the law;

đ) To conclude vocational training, supplementary, and capacity-building contracts with students in accordance with the law;

e) To enter into cooperation agreements with other educational institutions; production, business, and service providers in training, supplementary, and capacity-building activities or organizing production, business, and services in accordance with the law;

g) To issue certificates, transcripts, and qualification certificates for students studying at the center in accordance with the law;

h) To decide on commendations and disciplinary actions for staff, teachers, employees, and students within the scope of delegated management authority;

i) Enjoy benefits as prescribed.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Responsibilities of People's Committees of provinces and centrally governed cities

1. Direct the organization to implement the merger of county-level public centers; ensure that Vocational Education and Continuing Education Centers operate effectively, sustainably develop, and are suitable for local conditions.

2. Balance the budget funds from the central government, local budgets, and programs/projects (if any) allocated to Vocational Education and Continuing Education Centers to implement vocational education programs, continuing education programs, and career guidance.

3. Direct specialized agencies under the province to advise the provincial People's Committee and coordinate with the county-level People's Committee on implementing the merger of county-level public centers; maintain good organizational activities of Vocational Education and Continuing Education Centers in various locations within the province.

Article 19. Responsibilities of specialized agencies under the People's Committees of provinces and centrally governed cities

1. Coordinate with the county-level People's Committee to advise the provincial People's Committee on policies to implement the merger of county-level public centers.

2. Implement decisions to merge county-level public centers into Vocational Education and Continuing Education Centers.

3. The Department of Labor, Invalids and Social Affairs, the Department of Education and Training, the Department of Home Affairs, the Department of Finance, the Department of Planning and Investment, the county-level People's Committee, and related units ensure necessary conditions for organizing and implementing activities after the establishment decision of Vocational Education and Continuing Education Centers takes effect.

4. The Department of Labor, Invalids and Social Affairs oversees state management of vocational training at Vocational Education and Continuing Education Centers.

5. The Department of Education and Training oversees state management of continuing education and career guidance at Vocational Education and Continuing Education Centers.

Article 20. Responsibilities of People's Committees of counties, districts, towns, and provincial cities

1. Coordinate with specialized agencies under the province to carry out assigned tasks regarding the merger of county-level vocational training centers, continuing education centers, and comprehensive technical and vocational guidance centers into Vocational Education and Continuing Education Centers.

2. Directly manage Vocational Education and Continuing Education Centers.

3. Be responsible for guiding, resolving, and inspecting/supervising issues related to personnel, asset handling, and infrastructure facilities of centers under their management scope.

Article 21. Effective Date

1. This Circular takes effect from December 2, 2015.

2. During implementation, if the referenced regulatory legal documents in this Joint Circular are amended or replaced by new documents, they will be applied according to the new documents.

Article 22. Responsibility for enforcement

1. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, within their respective authorities, shall coordinate with the Ministry of Home Affairs and relevant ministries and sectors to direct the implementation of provisions in this Joint Circular.

2. During implementation, if any difficulties arise, they should be promptly reported to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training for coordination with the Ministry of Home Affairs and relevant ministries and sectors to consider and resolve them.