Circular No. 43/2015/TT-BLDTBXH on continuous training

CIRCULAR

Regulations on Continuous TrainingFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Law on Employment dated November 16, 2012;

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, War Invalids and Social AffairsiPursuant to the request of the Director General of the Department of Vocational Education;

At the proposal of the Inspector General specialized agency under the People's Committee of the province/city.Director of the General Department of Vocational Training;

Ministry of Labor, Invalids and Social Affairs issues this Circular on continuous training,iThis Circular stipulates regulations on continuous training, including: building, selecting, approving training programs, textbooks, training materials, organizing and managing continuous training for training programs according to learners' requirements; updating knowledge and skills, perfecting occupational skills; apprenticeship, master-apprentice transmission, practice sessions; technology transfer and other training programs with a duration of less than three months.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Entities organizing continuous training programs as prescribed in Article 1 of this Circular.

Article 2. Applicability

Article 3. Objectives of continuous training programs

2. Other relevant agencies, organizations, and individuals.

1. Continuous training according to learners' requirements

aimed at equipping learners with theoretical knowledge and practical skills of a training program or a module as prescribed in Clause 3, Article 3 of the Law on Vocational Education or theoretical knowledge and practical skills of a trade or certain tasks within a trade, where learners choose the content, time, location of study, and direct instructors. 2. Updating and enhancing occupational knowledge and skills

aimed at increasing the capacity to perform trades; supplementing new knowledge, completing occupational standards to enhance workers' knowledge and skills. 3. Apprenticeship and master-apprentice transmission training

aimed at imparting and transmitting knowledge and skills to learners through masters or skilled workers directly teaching learners during the working process. 4. Practice session training

aimed at guiding learners to repeatedly practice various techniques and skills and engage in work for a specific period to meet employers' recruitment needs or self-employment. 5. Perfecting occupational skills training

aimed at equipping workers with additional knowledge and capabilities to perform their jobs, supplementing new knowledge, and perfecting skills according to occupational standards to meet job requirements or participate in national skill standard assessments. 6. Technology transfer training program

aimed at equipping learners with scientific and technological knowledge and new technologies, including: processing methods, manufacturing, changing the state, properties, shape of raw materials or semi-finished products used in production to create finished products or industrial methods using living organisms and biological processes to produce necessary products. 7. Other training programs with a duration of less than three months

(hereinafter referred to as training programs under three months) with a minimum of 100 hours and less than 300 hours of actual study and a course duration (from commencement to conclusion) of less than three months, aimed at equipping learners with the ability to perform simple trades or the ability to perform certain tasks within a trade or the ability to perform according to job position requirements. BUILDING, SELECTING, APPROVING CONTINUOUS TRAINING PROGRAMS, TEXTBOOKS, AND TRAINING MATERIALS

Chapter II

XÂY DỰNG, LỰA CHỌN VÀ PHÊ DUYỆT CHƯƠNG TRÌNH ĐÀO TẠO, GIÁO TRÌNH VÀ TÀI LIỆU ĐÀO TẠO THƯỜNG XUYÊN

Article 4. Building or selecting, approving training programs

1. Training programs must ensure practicality, helping learners acquire the ability to perform tasks of their trade, improve vocational skills, increase labor productivity, or change careers. The structure and content of regular training programs must include the following elements:

a) Name of the training program;

b) Objectives of the training program;

c) Volume of knowledge, vocational skills, other necessary skills, and requirements for the learner's ability to perform the job after completing the training program;

d) Duration of training: Including total time spent and time allocated for activities (lectures, practice, internships, examinations);

đ) Training process, conditions for completing the course;

e) Methods and grading scale for evaluation.

2. The head of vocational education institutions, enterprises, organizations, and individuals participating in regular training programs shall independently organize the construction or selection of training programs for approval and implementation.

3. Vocational education institutions, enterprises, organizations, and individuals must publicly disclose their regular training programs at their headquarters, training facilities, in enrollment announcements, on the training facility's website, or through mass media.

Public disclosure content includes: name of the training program, target enrollment group, enrollment period, training objectives and content, duration of training, training location, training certificate, tuition fees to be paid, support policies (if applicable).

Article 5. Building or selecting, approving textbooks and training materials

1. The structure and content of textbooks and training materials include:

a) General information about the textbook or training material (name of the textbook or training material, introduction, table of contents, etc.);

b) Content of the textbook or training material must specifically detail knowledge, skills, questions, exercises, theoretical and practical time, teaching methods;

c) Requirements for evaluating learning outcomes at the end of each lesson/chapter and at the end of each module and the entire training program.

2. The head of vocational education institutions, enterprises, organizations, and individuals participating in regular training programs shall independently organize the construction or select textbooks and training materials for approval and implementation.

Chapter III

REGULATING AND MANAGING REGULAR TRAINING

Article 6. Conditions for organizing regular training

1. For vocational education institutions and enterprises with a registration certificate for vocational education activities

a) For trades listed in the registration certificate for vocational education activities that have organized regular training and have had at least one graduating class.

b) For trades not listed in the registration certificate for vocational education activities, the provisions of Points b, c, and d of Clause 2 of this Article shall apply.

2. For other enterprises, organizations, and individuals without a registration certificate for vocational education activities

a) Currently operating production and business activities related to products, industries, and trades intended for training classes;

b) Having training programs, textbooks, and training materials for each trade constructed and approved according to Articles 4 and 5 of this Circular;

d) Having appropriate physical infrastructure, equipment, and training facilities suitable for the trade being organized and in accordance with the number of trainees and training duration.

Article 7. Conditions for organizing and implementing regular training programs pursuant to State orders

1. For vocational education institutions and enterprises with a registration certificate for vocational education activities

a) Meeting all conditions for organizing and implementing training programs as stipulated in Point a, Clause 1, Article 6 of this Circular;

b) In cases where organizations train trades specified in Point b, Clause 1, Article 6 of this Circular, the ordering agency shall inspect the training organization conditions in accordance with regulations and provide comments in writing on: the name of the trade being trained, the training program, scale, and location of the training.

2. For enterprises, other organizations, and individuals without a certificate of registration for vocational education activities:

a) Meeting all conditions for organizing and implementing training programs as stipulated in Clause 2, Article 6 of this Circular;

b) The ordering agency shall inspect the training organization conditions in accordance with regulations and provide comments in writing on: the name of the trade being trained, the training program, scale, and location of the training.

Article 8. Recruitment for Regular Training

In cases where individuals learn a trade or apprenticeship to work for employers, they must be at least 14 years old and have sufficient health suitable for the requirements of the trade.

2. Recruitment method: Selection, which can be conducted multiple times throughout the year.

3. Recruitment documents and procedures are determined by the head of the training institution.

Article 9. Duration and Training Plan

1. The duration of training for regular training programs prescribed in this Circular shall be carried out according to the requirements of each training program, including: time spent learning occupational knowledge and soft skills; time spent learning practical occupational skills; time for pre-training, during-training, and post-training examinations; among which, the minimum time spent learning practical occupational skills should account for 80% of the total training period.

2. The scheduling of study time shall be flexible within the day; within the week (working days or Saturdays, Sundays, holidays), based on the requirements of the learners and detailed in the training plan for each course or class.

3. The maximum duration of each study session is 05 (five) hours, and the maximum daily study duration is 08 (eight) hours.

4. The training plan for each course or class shall be flexibly developed, suitable for the characteristics of the learner group, regional features, and must ensure the implementation of the training program content. The content of the training plan shall be implemented according to the format specified in Appendix 4 issued together with this Circular.

Article 10. Organization of Classes and Training Locations

1. Class Organization

a) The maximum number of students in classes for occupational knowledge and soft skills is 35 students. For classes for ethnic minority groups with small populations and persons with disabilities, the maximum number of students is 20. For classes for visually impaired persons, the maximum number of students is 10.

b) The maximum number of students in practical skill classes or integrated classes is 18 students. For ethnic minority groups with small populations, persons with disabilities, the maximum number of students is 10. For visually impaired persons, the maximum number of students is 8.

c) Each class must have at least one teacher or instructor directly teaching and responsible for the class.

2. Training locations may be flexibly arranged at the training institution, enterprise, production site, but must ensure conditions for teaching and learning in terms of space, location for occupational knowledge learning; location for practical skill learning; equipment, materials, raw materials serving training according to the requirements of modules and subjects in the training program.

Article 11. Continuous Training Methods

1. The training method integrates theory with practice, prioritizing practical activities; it must be linked to production and business realities (learning while working); it promotes the initiative, self-study ability, and experience of learners; modern means and information communication technology are utilized to enhance teaching and learning quality and effectiveness.

2. At the start of a course, instructors and vocational teachers conduct assessments of learners' knowledge, soft skills, and vocational skills to prepare appropriate teaching content and methods. The content and form of assessment are chosen and decided by the instructors and vocational teachers directly responsible for teaching.

3. Teaching and guiding practical vocational skills according to the content and requirements of modules, subjects that learners have not yet mastered, fully understood, or performed proficiently.

4. Upon completion of a module, subject, or training program, learners continue their work-related tasks or review the learned content and practical vocational skills to prepare for subsequent modules, subjects, or programs.

1. Mid-training assessments include: initial course assessments, assessments at the end of each module, subject, or training program.

a) Initial course examination shall be conducted in accordance with Clause 2 of Article 11 of this Circular.

b) Assessments at the end of each module, subject, or training program are conducted in accordance with Clause 2 of this Article.

2. The content, format, and conditions for assessments at the end of each module, subject, or training program are determined by the heads of vocational education institutions, enterprises, organizations, and individuals organizing vocational training courses and are specified in the training program.

Examination results will be evaluated at one of two levels: Meeting Requirements and Not Meeting Requirements, signed and clearly stating the name of the evaluator.

Learners who fail to meet the assessment requirements must review the learned content and practical vocational skills and retake the assessment. The maximum number of retakes is two times. If they still fail the second retake, they must repeat the course (if the learner requests).

3. Training certificates are designed and printed by the heads of vocational education institutions, enterprises, organizations, and individuals organizing vocational training courses to issue to learners who meet the final training program assessment requirements.

Training certificates clearly state the course content and duration and are implemented according to the format specified in Appendix 1 attached to this Circular.

Article 13. Books and Forms for Managing Continuous Training

Books and forms for managing continuous training programs include:

1. Training programs, textbooks, or teaching materials for training programs as stipulated in Articles 4 and 5 of this Circular;

2. List of instructors, teachers, and vocational trainers (in the format specified in Appendix 2 attached to this Circular);

3. Training plan (in the format specified in Appendix 3 attached to this Circular);

4. Student registration form (in the format specified in Appendix 4 attached to this Circular);

5. Record of student academic performance (in the format specified in Appendix 5 attached to this Circular).

1. Vocational education institutions and enterprises registered for vocational education activities submit consolidated reports on mid-year training results before June 30 and annual reports before December 31 to the Department of Labor, Invalids, and Social Affairs and relevant ministries and sectors (if applicable) in the format specified in Appendix 6A attached to this Circular.

2. Other organizations and individuals conducting vocational training courses submit consolidated reports on mid-year training results before June 15 and annual reports before December 15 to the People's Committee of communes, wards, and towns in the format specified in Appendix 6B attached to this Circular.

4. The Department of Labor, Invalids, and Social Affairs submits consolidated reports on mid-year training results in its jurisdiction before July 15 and annual reports before January 15 of the following year in the format specified in Appendix 8 attached to this Circular.

Chapter IV

IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To take the lead and coordinate with vocational education management agencies of relevant ministries, sectors, and localities to direct and guide vocational education institutions, enterprises, organizations, and individuals to organize training classes to implement training programs in accordance with the Law on Vocational Education and this Circular.

2. To inspect, supervise, and compile reports on the implementation of regulations on regular training as prescribed.

1. To direct and guide subordinate vocational education institutions and enterprises to implement regular training programs in accordance with the Law on Vocational Education and this Circular.

2. To inspect, supervise, and compile reports on the implementation of regulations on regular training for subordinate vocational education institutions and enterprises as prescribed.

1. To direct and guide vocational education institutions, enterprises, organizations, and individuals to organize training classes and related agencies and organizations within their jurisdiction to implement regular training programs in accordance with the Law on Vocational Education and this Circular.

2. To direct, inspect, supervise, and compile reports on the implementation of regulations on regular training within their jurisdiction as prescribed.

Article 18. Effective Date

1. This Circular takes effect from December 5, 2015.

2. Agencies, organizations, and individuals involved in implementing this Circular shall promptly reflect any difficulties to the Ministry of Labor, Invalids and Social Affairs for guidance or supplementation and amendment as appropriate./.