Circular No. 43/2016/TT-BLDTBXH guiding the implementation of policies to support vocational training for subjects specified in Article 14 of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on employment creation support policies and the National Employment Fund.

CIRCULAR

Guidelines for Implementing Support Policies for Vocational Training for Certain Groups

As stipulated in Article 14 of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on Employment Support Policies and the National Employment Fund

and Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Labor, Invalids and Social Affairs;

Decree No. Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Labor, Invalids and Social Affairs;

Decree No. Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on Employment Support Policies and the National Employment Fund;

At the proposal of the Director General of the Vocational Training Administration;

The Minister of Labor, Invalids and Social Affairs issues this Circular to guide the implementation of support policies for vocational training for certain groups as stipulated in Article 14 of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on Employment Support Policies and the National Employment Fund.

Article 1. Scope of Regulation

This Circular guides the implementation of support policies for vocational training for certain groups as stipulated in Article 14 of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on Employment Support Policies and the National Employment Fund (hereinafter referred to as Decree No. 61/2015/NĐ-CP).

Article 2. Applicability

1. Young people who have completed their military service, police service, or voluntary work in economic and social development programs (hereinafter referred to as young people).

2. Vocational education institutions as defined in Article 5 of the Vocational Education Law 2014; enterprises and higher education institutions that have been granted certificates for vocational education activities (hereinafter referred to as vocational education institutions); agencies, organizations, and individuals involved in implementing support policies for vocational training for young people.

Article 3. Support Policies for Initial Level Vocational Training for Young People

1. Content and Level of Support for Vocational Training

a) Young people who wish to undergo initial level vocational training and meet all conditions specified in Article 15 of Decree No. 61/2015/NĐ-CP and obtain a vocational training card (hereinafter referred to as Card) from the competent authority shall be accepted by vocational education institutions as defined in Clause 2 of Article 2 of this Circular for initial level vocational training and will receive support for the following items:

- Training costs as prescribed in Article 10 of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance on the management and use of funds for initial level vocational training and training under three months;

- Meal and travel expenses as prescribed at points b and c of Clause 2 of Article 7 of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance on the management and use of funds for initial level vocational training and training under three months.

Priority should be given to training cost support within the maximum value of the Card, with any remaining value of the Card being used to support meal and travel expenses.

b) In cases where the total training cost support and meal and travel expense support exceeds the maximum value of the Card, the student must pay the difference out-of-pocket to the vocational education institution. If the total training cost support and meal and travel expense support is less than the maximum value of the Card, the state budget will settle the actual expenditure.

c) During the period of vocational training, if a young person withdraws from the course (does not continue until graduation), the vocational education institution shall prepare a record or issue a decision and can settle the training support costs and meal support costs from the date of commencement to the date of withdrawal.

2. Application Form for Initial Level Vocational Training through the Card

Within one year from the date of issuance of the Card, young people must choose a profession and a vocational education institution and submit an application form along with the following documents:

a) Initial level vocational training card (original);

b) Discharge decision (copy) for those who have completed military or police service; certificate of voluntary activity (copy) for those who have completed economic and social development programs;

c) A commitment letter stating that they have not received vocational training support from other vocational training policies funded by the state budget since completing military or police service or economic and social development programs (Commitment Letter according to Appendix No. 01 attached to this Circular).

3. Planning, Budget Estimation, and Settlement of Funds

a) Planning and Budget Estimation: Annually, based on the guidance documents issued by authorized state agencies regarding the development plan and state budget estimate for the planning year; the number of beneficiaries of vocational training support policies and the cost standards for vocational training; vocational education institutions, agencies, and units shall develop plans and budget estimates for initial level vocational training support for young people, which shall be included in the unit's overall state budget expenditure plan submitted to the financial agency.

b) The settlement of funds for implementing initial level vocational training support policies for young people shall be carried out in accordance with current laws on state budgets. The settlement documents for initial level vocational training support through the Card for young people include:

- Report on the settlement of vocational training support funds through the Card;

- Documents and papers as stipulated in Clause 2 of Article 3 of this Circular;

- Decision to open classes accompanied by a list of students (original);

- Graduation certification decision and list of young people who have graduated (original) accompanied by copies of graduation certificates or graduation certificates; Record and decision of the vocational education institution accompanied by a list of young people who withdrew from the course (original);

- Employment contracts or decisions to accept and use labor (copies) or self-employment certification (original) for young people after completing initial level vocational training;

- Relevant receipts and payment vouchers; Table of meal and travel expense support according to Model at Appendix 02 attached to this Circular (original);

- In addition to the above documents and vouchers, ministries, sectors, central agencies, and localities may supplement other documents and materials as required for management purposes to ensure that the settlement documents comply with legal regulations.

- The settlement files for the implementation costs of vocational training support for young people shall be stored and preserved separately at vocational education institutions in accordance with the regulations.

4. Sources of funds

a) The funding for vocational training support at the primary level through Cards for young people shall be guaranteed by the central budget and local budgets, allocated within the regular expenditure budget estimates assigned annually to ministries, sectors, central agencies, and localities in accordance with the laws on state budget.

b) Annually, if the centrally guaranteed funding source is insufficient, ministries, sectors, central agencies, and localities shall report to the Ministry of Finance to allocate additional funding for implementation. At the end of the fiscal year, any unused centrally guaranteed funding (if any) shall be carried over to the next year for continued implementation and shall not be used for other purposes. In 2016, ministries, sectors, central agencies, and localities shall arrange their own funding sources within the scope of the allocated budget estimates to implement the policy, and in cases of difficulty, they shall report to the Ministry of Finance.

5. Responsibility for Implementation

a) Responsibilities of ministries, sectors, and central agencies:

- Directing, guiding, and urging subordinate agencies, units, and public vocational education institutions under their jurisdiction to organize the implementation of vocational training support policies for young people in accordance with this Circular;

- Based on the provisions of Government Decree No. 16/2015/NĐ-CP dated February 14, 2015 on the autonomy mechanism of public service organizations and related guidance documents, the contents of expenditures specified in Clause 1, Point a, Item 1, Article 3 of this Circular, ministries, sectors, and central agencies shall establish economic and technical standards as the basis for setting training cost standards for each primary-level vocational occupation according to the appropriate occupational list, consistent with actual training programs and durations, for public vocational education institutions under their management to implement vocational training support policies for young people;

- Compiling plans and budgets; allocating and assigning budget estimates; reviewing and settling implementation costs for vocational training support policies for young people; printing, issuing, distributing, managing, recovering, and canceling Cards;

- Cooperating with the Ministry of Labor, Invalids, and Social Affairs to inspect, supervise, monitor, and evaluate the implementation of vocational training support policies for young people. Regularly sending results of Card implementation to the Ministry of Labor, Invalids, and Social Affairs according to Model No. 01 attached as Appendix 03 to this Circular before July 30 every six months and January 31 of the following year annually; reporting to the Ministry of Finance the consolidated financial situation according to Model No. 01 attached as Appendix 04 to this Circular;

- The Ministry of Labor, Invalids, and Social Affairs shall take the lead and cooperate with ministries, sectors, central agencies, and localities to organize inspections, supervision, monitoring, and evaluation of the implementation of vocational training support policies for young people and submit comprehensive reports to competent authorities. Every three years, it shall organize an assessment of the implementation results of vocational training support policies for young people.

b) Responsibilities of Provincial Departments of Labor, Invalids, and Social Affairs:

- Directing, guiding, and urging subordinate agencies, units, and vocational education institutions in their jurisdictions (excluding public vocational education institutions under ministries, sectors, and central agencies) to implement vocational training support policies at the primary level for young people;

- Based on the provisions of Government Decree No. 16/2015/NĐ-CP dated February 14, 2015 on the autonomy mechanism of public service organizations and related guidance documents, the contents of expenditures specified in Clause 1, Point a, Item 1, Article 3 of this Circular, Provincial Departments of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant agencies and units to submit to provincial People's Committees for issuance of economic and technical standards as the basis for setting training cost standards for each primary-level vocational occupation according to the appropriate occupational list, consistent with actual training programs and durations, and specific characteristics of regions and localities, for vocational education institutions in their jurisdictions (excluding public vocational education institutions under ministries, sectors, and central agencies) to implement vocational training support policies for young people;

- Compiling plans and budgets; allocating and assigning budget estimates; reviewing and evaluating the implementation results of Cards of vocational education institutions in their jurisdictions (excluding public vocational education institutions under ministries, sectors, and central agencies);

- Cooperating to inspect, supervise, monitor, and evaluate the implementation of vocational training support policies for young people in accordance with the law. Regularly compiling and reporting results of Card implementation to the Ministry of Labor, Invalids, and Social Affairs according to Model No. 02 attached as Appendix 03 to this Circular before July 30 every six months and January 31 of the following year annually; reporting to the Department of Finance the financial situation according to Model No. 01 attached as Appendix 04 to this Circular for consolidation and tracking;

c) Responsibilities of vocational education institutions:

- Annually, preparing plans and budget estimates for implementing vocational training support policies for young people, submitting them for review and approval by ministries, sectors, central agencies, and provincial People's Committees, and requesting competent authorities to allocate funding. Specifically: public vocational education institutions directly managed by ministries, sectors, and central agencies shall submit to ministries, sectors, and central agencies; vocational education institutions managed by localities, private vocational education institutions, and vocational education institutions with foreign investment shall submit through Provincial Departments of Labor, Invalids, and Social Affairs;

- Receiving Cards as the basis for providing vocational training support at the primary level for young people, and using Cards as accounting vouchers for settlement and finalization. The period of use and preservation of Cards shall be in accordance with accounting records and shall be stored together with settlement files for implementation costs of vocational training support at the primary level for young people in accordance with regulations;

- Advising on vocational training, organizing primary-level vocational training for young people. Implementing support expenditures for vocational training and job placement for young people after graduation. Settling accounts with ministries, sectors, central agencies, and provincial People's Committees (through Provincial Departments of Labor, Invalids, and Social Affairs) that directly manage them.

- Publicly disclose the content of expenditures, including training support expenses, meal allowances, travel expenses, and other policies for young people. Guide young people on admission files and settlement reports. Report results of the Card every six months (before July 30) and annually (before January 31 of the following year) using Model No. 03 in Appendix 03 and submit a consolidated report on funding for vocational training at the secondary level for young people using Model No. 02 in Appendix 04 attached to this Circular to the ministries, central agencies, provincial People's Committees, and municipal People's Committees (through the Department of Labor, Invalids, and Social Affairs) for consolidation, reporting, and monitoring.

Article 4. Support policy for vocational training at the intermediate and higher levels for young people

1. Young people who fall under the categories specified in Articles 6, 7, and 8 of Decree No. 86/2015/ND-CP dated October 2, 2015 of the Government on mechanisms for collecting and managing tuition fees for educational institutions within the national education system and policies for exempting, reducing tuition fees, and supporting living expenses from the academic year 2015-2016 to the academic year 2020-2021 shall be exempted or have their tuition fees reduced when participating in vocational training at the intermediate and higher levels.

2. Young people who fall under the category specified in Clause 1 of Article 2 of Decision No. 157/2007/QĐ-TTg dated September 27, 2007 of the Prime Minister on credit for students and trainees shall be eligible to borrow funds to participate in vocational training at the intermediate and higher levels.

Article 5. Effective Date

1. This Circular takes effect from February 12, 2017

2. From September 1, 2015, young people registering to participate in vocational training shall enjoy the support policies for vocational training as guided by this Circular.

3. Agencies, organizations, vocational education institutions, and young people during the implementation of guidance provided by this Circular, if encountering difficulties or obstacles, are advised to promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for research, guidance, or amendment and supplementation to ensure compliance.

 

APPENDIX 01

PLEDGE OF NOT RECEIVING VOCATIONAL TRAINING SUPPORT FROM OTHER SUPPORT POLICIES

NOT USING THE STATE BUDGET

(Attached to Circular No. 43/2016/TT-BLDTBXH dated December 28, 2016
PLEDGE

of the Minister of Labor, Invalids and Social Affairs)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Not receiving vocational training support from other vocational training support policies

that use the state budget

My name is: ... born on ... month ... year ...

Respectfully submitted to: ………………………¹………………………………

ID card number: ... issued on ... place of issue ...

(if applicable): ...

Permanent Resident Registration: …

Code Number² Date of enlistment or voluntary participation: ...

Unit Name³: ..........................................................................................................................

Date of completion of duty or mission: ...

Now I pledge from the date of completion ...

... until now, I have not received vocational training support from other vocational training support policies that use the state budget.⁴I hereby fully accept responsibility under the law if there is any discrepancy with the above pledge.

MODEL FOR EXPENSES SUPPORT FOR MEALS AND TRAVEL

APPENDIX 02

NAME OF ORGANIZATION ...
PLEDGE

of the Minister of Labor, Invalids and Social Affairs)

SUPPORT FOR MEAL AND TRAVEL EXPENSES

Card Number / ID Card Number

APPENDIX 03

NAME OF MINISTRY, DEPARTMENT, ORGANIZATION ...
PLEDGE

of the Minister of Labor, Invalids and Social Affairs)

Form No. 01

A. Evaluation of the implementation of the vocational training card at the primary level at vocational education institutions under ...

Respectfully submitted to: ORGANIZATION PERFORMING THE APPRAISAL

B. Summary of the results of implementing the Card:¹…………………..

…………..

Name of vocational education institution

PROVINCE PEOPLE'S COMMITTEE ...

Form No. 02

A. Evaluation of the implementation of the vocational training card at the primary level at vocational education institutions under ...

Respectfully submitted to: ORGANIZATION PERFORMING THE APPRAISAL

University or College ...¹………

Name of vocational education institution

PROVINCE PEOPLE'S COMMITTEE ...

-…………….

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

A. Evaluation of the implementation of the vocational training card at the primary level at: ...

Respectfully submitted to: ………………………¹………………………….

Male/²……….

……………….

Name of vocational education institution

COMPREHENSIVE REPORT ON THE SITUATION

ANNEX NO. 04

OF FUNDS FOR VOCATIONAL TRAINING SUPPORT FOR YOUNG PEOPLE

MINISTRY/DEPARTMENT...
PLEDGE

of the Minister of Labor, Invalids and Social Affairs)

Form No. 01

FUNDS FOR VOCATIONAL TRAINING SUPPORT AT THE PRIMARY LEVEL FOR YOUNG PEOPLE

Respected: Ministry of Finance

A. Financial situation:

Unit of measurement: 1,000 VND

……………………..

Name of vocational education institution

..., day...month...year 201...

Form No. 02

REPORT

A. Financial situation

Respected,¹………………………………….

Class name

…………………..

Name of vocational education institution

..., day...month...year 201...