Decree No. 48/2015/NĐ-CP detailing certain provisions of the Vocational Education Law

 DECREE

Detailed provisions on certain articles of the Vocational Education Law

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On the basis of Law on Government Organization dated December 25, 2001;

On the basis of The Vocational Education Law dated November 27, 2014;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

The Government issues this Decree to provide detailed regulations on certain provisions of The Vocational Education Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on certain articles of the Vocational Education Law, including:

1. State management authority and content regarding vocational education.

2. International cooperation in vocational education, including: Conditions, authority, procedures for issuing certificates of registration for joint training programs with foreign countries; conditions and procedures for establishing, merging, splitting, or dissolving vocational education institutions with foreign investment.

3. Rights and responsibilities of enterprises in vocational education activities.

Article 2. Applicability

1. Vocational education centers, public and private junior colleges, senior colleges, and those with foreign investment.

2. Central state agencies managing vocational education; Ministries, agencies at ministerial level; People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees), specialized agencies assisting Provincial People's Committees in performing their state management functions over vocational education within their respective provinces; People's Committees of districts, towns, and provincial cities (hereinafter referred to as District People's Committees); People's Committees of communes, wards, and towns (hereinafter referred to as Commune People's Committees).

3. Organizations and individuals from Vietnam and abroad related to vocational education activities in Vietnam.

Article 3. State agencies managing vocational education

State agencies managing vocational education include:

1. Central state agencies managing vocational education.

2. Local state agencies managing vocational education: Provincial People's Committees within their respective duties and authorities manage vocational education in their provinces according to the decentralization of the Government and the provisions of this Decree.

Chapter II
STATE MANAGEMENT AUTHORITY AND CONTENT

REGARDING VOCATIONAL EDUCATION

Article 4. State management authority and content regarding vocational education of central state agencies managing vocational education

1. Take the lead and coordinate with Ministries, agencies at ministerial level, and relevant agencies to draft and submit to the Government for consideration and decision:

a) Draft laws and resolutions to the National Assembly; draft ordinances and resolutions to the Standing Committee of the National Assembly;

b) Issue decrees and resolutions of the Government.

2. Take the lead and coordinate with Ministries, agencies at ministerial level, and relevant agencies to draft and submit to the Prime Minister for consideration and decision:

a) Issue decisions, directives, strategies, plans, long-term, medium-term, and short-term plans; target programs, development projects, and proposals for vocational education;

b) Organize the administrative apparatus to assist the head of the central state agency managing vocational education to perform state management over vocational education in accordance with the law.

3. Issue circulars and decisions on standards, technical regulations, economic and technical norms; provide professional guidance within the field of vocational education according to their authority.

4. Direct, guide, inspect, evaluate, and be responsible for organizing the implementation of legal provisions, policies, strategies, plans, target programs, and development projects and proposals on vocational education after they have been approved by competent state agencies.

5. Specify the minimum volume of knowledge at each level of training.

6. Specify requirements that students must meet upon graduation for each level of vocational education training, including: Professional knowledge, skills, attitudes, and occupational responsibilities based on national skill standards corresponding to the level of training and degree of autonomy required to perform tasks according to the specialty or occupation.

7. Specify the process for developing, reviewing, issuing, and implementing training programs at the primary, secondary, and college levels conducted either through academic years or modular or credit accumulation systems; the process for organizing the compilation, selection, review, approval, and use of vocational education textbooks; specify rules for continuous training, enterprise-based training, and skill enhancement programs for workers; specify rules for examination, assessment, and graduation certification; specify models for diplomas and certificates of vocational education training, printing, management, issuance, recovery, and cancellation of such diplomas and certificates; specify the responsibilities of vocational education institutions with foreign investment in issuing diplomas and certificates of training in Vietnam.

8. Specify specific conditions, requirements, and procedures for establishing or allowing establishment, merger, division, dissolution, suspension of operations, or liquidation of vocational education institutions and branch offices of vocational education institutions (except for those with foreign investment); conditions, authority, and procedures for issuing and revoking certificates of registration for vocational education activities.

9. Issue charters for junior colleges, senior colleges, and vocational education centers; specify methods for determining enrollment quotas for vocational education institutions and issue admission regulations; specify the implementation of training programs by specialty or occupation, through academic years or modular or credit accumulation systems; specify rules for regular training, enterprise-based training, and skill enhancement programs for workers; specify rules for examination, assessment, and graduation certification; specify models for diplomas and certificates of vocational education training, printing, management, issuance, recovery, and cancellation of such diplomas and certificates; specify the responsibilities of vocational education institutions with foreign investment in issuing diplomas and certificates of training in Vietnam.

10. Specify in detail the required qualifications for teachers teaching vocational education levels including: educational qualifications, vocational skill certificates to teach practical skills according to occupational requirements, teaching profession certificates; professional and vocational standards for teacher positions and vocational education management staff; standards for heads of vocational education institutions; regulations on evaluating vocational education staff; contents and forms of recruiting vocational education staff; working conditions for vocational education teachers; contents of training and developing vocational skills and teaching profession for teachers in vocational education institutions and teacher training institutions; model and regulations on managing and issuing teaching profession certificates for vocational education. Guide planning, training, development, and utilization of teachers and instructors for regular training programs and vocational education management staff. Direct and organize examinations for upgrading vocational titles of vocational education staff and award honors to vocational education teachers according to legal provisions.

11. Issue regulations on student affairs.

12. Specify the physical infrastructure conditions for vocational education institutions training according to specific majors or occupations; list and minimum equipment standards meeting training requirements for each level of training according to specific majors or occupations; list and minimum equipment standards meeting training requirements for national key occupations and high-quality occupations to reach regional and international advanced levels; material consumption rates during training for each occupation and each level of training and for national key occupations and high-quality occupations reaching regional and international advanced levels.

13. Specify the list of majors and occupations for training according to specific majors or occupations at college and intermediate levels; list of heavy and hazardous occupations; list of occupations where foreign organizations and individuals are permitted to cooperate and invest in vocational education in Vietnam.

14. Specify conditions and authority for establishing, permitting establishment, dissolution of quality assurance organizations in vocational education; tasks and powers of quality assurance organizations in vocational education; criteria, standards, procedures, and cycles for quality assurance in vocational education; recognition of quality assurance results by quality assurance organizations in vocational education; issuance and revocation of certificates of compliance with quality assurance standards in vocational education; standards, tasks, and powers of quality assurance assessors, organizations training quality assurance assessors in vocational education; management and issuance of quality assurance assessor cards; regulations on building quality assurance systems for vocational education institutions.

15. Manage and organize international cooperation in vocational education according to legal provisions.

16. Specify the procedures and formalities for recognizing diplomas and certificates issued by foreign vocational education institutions and recognizing equivalence for graduates from overseas vocational education programs.

17. Guide the ranking of vocational education institutions.

18. Decide on the establishment, merger, division, separation, dissolution of public colleges; permit the establishment, merger, division, separation, dissolution of private colleges and colleges with foreign investment; recognize private colleges and colleges with foreign investment operating non-profitably; issue permits for foreign vocational education institutions to establish representative offices in Vietnam. Organize the registration of vocational education activities for colleges and higher education institutions training according to specific majors and occupations that have registered vocational education activities.

19. Guide and inspect the activities of associations, unions, non-governmental organizations in the field of vocational education according to legal provisions.

20. Direct, guide, and implement the application of information technology in the field of vocational education. Organize statistical work, information dissemination, and database construction on vocational education.

21. Direct and organize the implementation of research, dissemination, and application of science, technology, production, business, and services related to vocational education.

22. Regularly organize and direct, guide the organization of national-level teacher excellence lectures, self-made training equipment contests, cultural and artistic, sports competitions for students and organize national skills contests in collaboration with state labor management agencies and participate in ASEAN and international skills contests.

23. Mobilize, manage, and utilize resources for the development of vocational education.

24. Inspect and check compliance with laws on vocational education; resolve complaints and handle violations of vocational education laws according to legal provisions.

25. Perform other tasks and powers as prescribed by law.

Article 5. Responsibilities of Ministries and ministerial-level agencies in coordinating with central state management agencies for vocational education to implement state management over vocational education

1. Ministries and ministerial-level agencies shall coordinate with central state management agencies for vocational education to implement state management over vocational education within their assigned functions, tasks, and authorities, ensuring the consistency of state management over vocational education.

2. Ministries and ministerial-level agencies that have subordinate vocational education institutions shall be responsible for:

a) Developing and implementing strategies, plans, and long-term, medium-term, and short-term programs on vocational education under their ministries or ministerial-level agencies in accordance with national vocational education development strategies, plans, and programs, meeting the technical workforce needs of their sectors and society;

b) Developing training and capacity-building plans and implementing policies for teachers and educational managers at subordinate vocational education institutions in accordance with the law;

c) Deciding on the establishment, suspension of operations, merger, division, dissolution of secondary vocational schools and vocational training centers under their jurisdiction in accordance with the law on vocational education and guidelines from central state management agencies for vocational education;

d) Recognizing the ranking of public higher vocational colleges, secondary vocational schools, and vocational training centers under their jurisdiction in accordance with the law; appointing, reappointing, removing, and dismissing principals of higher vocational colleges, secondary vocational schools, and directors of vocational training centers under their jurisdiction in accordance with the regulations of central state management agencies for vocational education and other relevant regulations;

e) Organizing lectures for excellent teachers, competitions for self-made teaching equipment, cultural and artistic performances, sports events, and skill competitions at the ministry level according to guidelines;

f) Managing and inspecting the implementation of admission regulations, examinations, graduation recognition, and certification issuance for training programs at subordinate vocational education institutions in accordance with the law;

g) Guiding and inspecting the implementation of autonomy mechanisms and responsibilities of subordinate public vocational education institutions in accordance with the law;

h) Establishing state management bodies for vocational education of the Ministry or sector (if applicable) in accordance with the law; directly managing vocational education institutions of the Ministry or sector (if applicable) in accordance with assigned functions and tasks;

i) Implementing information technology applications, statistical work, database construction, and periodic reports on the organizational activities of vocational education at subordinate vocational education institutions of the Ministry or sector (if applicable) in accordance with the regulations of central state management agencies for vocational education;

j) Managing, guiding, and inspecting the use of state budget funds and lawful revenues for subordinate vocational education institutions; promoting socialization in vocational education, mobilizing social resources for vocational education development; ensuring the autonomy and responsibility of subordinate vocational education institutions in accordance with the law;

k) Implementing international cooperation in vocational education within their authority;

l) Inspecting the implementation of policies, laws, and tasks related to vocational education at subordinate vocational education institutions; handling violations and resolving complaints and denunciations against subordinate vocational education institutions in accordance with the law.

3. Sector-managing Ministries shall be responsible for coordinating with central state management agencies for vocational education to guide the standards of competence for cadres and teachers and the content of specialized subjects and vocational courses in program development and training organization for specific industries and trades under their management in accordance with the law.

Article 6. The Provincial People's Committee's State Management Authority and Content on Vocational Education

1. Develop long-term, medium-term, and short-term vocational education planning and programs; projects for developing vocational education in the province that meet local human resource needs; solutions to improve the quality and effectiveness of vocational education at the provincial level, submit these plans and programs to the Provincial People's Council for approval and implement them after approval; ensure budgetary conditions, teaching staff, management personnel, civil servants, workers, infrastructure, and technical facilities of public vocational education institutions under the provincial level.

2. Manage vocational education institutions directly under the province and administrative management within the territorial jurisdiction for vocational education institutions directly under the Ministry, agencies equivalent to ministries, private vocational education institutions, and those with foreign investment capital on the territory according to the charter of vocational education institutions issued by the competent authority and relevant laws. Create favorable conditions for vocational education institutions on the territory to carry out training activities, disseminate scientific and technological progress, and transfer technology.

3. Decide on the establishment, suspension of operations, merger, division, separation, dissolution of public intermediate-level vocational schools and vocational training centers under the province; permit the establishment, merger, division, separation, and dissolution of private intermediate-level vocational schools and vocational training centers on the territory according to the provisions of the law on vocational education and guidelines from the central state management agency for vocational education.

4. Manage and inspect the implementation of enrollment regulations, examinations, graduation certification, and issuance of training certificates by vocational education institutions under the province according to the law.

5. Manage and inspect the implementation of teacher and educational management personnel standards; guide and direct the planning of training, development, and utilization of educational management personnel and teachers in the province according to the central state management agency for vocational education.

6. Implement registration for vocational education activities for intermediate-level vocational schools, vocational training centers, and enterprises registered for vocational education activities according to the central state management agency for vocational education.

7. Decide on ranking recognition for higher vocational schools, intermediate vocational schools, and vocational training centers under the province; recognize non-profit operations of private intermediate vocational schools, vocational training centers, and those with foreign investment capital; appoint, reappoint, remove, and dismiss principals of higher vocational schools, intermediate vocational schools, and directors of public vocational training centers under the province; recognize principals of intermediate vocational schools and directors of private vocational training centers according to the central state management agency for vocational education.

8. Organize lectures for excellent teachers, competitions for self-made training equipment, cultural and artistic performances, sports events, and skill competitions at the provincial level according to guidelines.

9. Guide and direct subordinate vocational education institutions to implement legal provisions on vocational education; inspect compliance with the law by vocational education institutions and other entities participating in vocational education activities on the territory according to their authority.

10. Guide and direct public vocational education institutions under the province to establish job positions and civil servant structures according to occupational titles as stipulated by law; inspect the implementation of self-governance mechanisms, financial responsibility, organizational structure, and personnel for vocational education institutions according to the law.

11. Implement support policies for vocational training and socialization of vocational education services.

12. Conduct statistical work and information on the organization and activities of vocational education; report regularly on vocational education to the central state management agency for vocational education.

13. Implement international cooperation in vocational education according to their authority.

14. Submit to the Provincial People's Council for decision on the budget estimate, allocation, and settlement of vocational education funds according to the State Budget Law and current regulations.

15. Inspect and check the implementation of vocational education laws in the locality according to their authority.

16. Resolve complaints, denunciations, and handle violations in the field of vocational education according to the law.

17. Establish specialized agencies to assist the Provincial People's Committee in performing state management functions over vocational education in the province according to this Decree and other related regulations.

18. Perform other rights and duties as prescribed by law.

Article 7. Responsibilities of the People's Committee at the district level in assisting the People's Committee at the provincial level to implement state management over vocational education

The People's Committee at the district level shall perform state management over vocational education within its authority based on its functions, tasks, and granted powers, and shall be responsible to the People's Committee at the provincial level for the development of vocational education in the district as stipulated in this Decree.

Article 8. Responsibilities of the People's Committee at the commune level in assisting the People's Committee at the district level to implement state management over vocational education

The People's Committee at the commune level shall perform state management over vocational education within its authority based on its functions, tasks, and granted powers, and shall be responsible to the higher-level People's Committee for the development of vocational education in the commune as stipulated in this Decree.

Chapter III
INTERNATIONAL COOPERATION IN VOCATIONAL EDUCATION

Section 1

TRAINING COLLABORATION

Article 9. Forms of training collaboration

1. Training in Vietnam according to Vietnam’s program or a program jointly developed by both sides; awarding certificates issued by Vietnam.

2. Training in Vietnam according to a program transferred from abroad; awarding certificates issued by Vietnam and recognized by reputable international educational organizations.

3. Training in Vietnam according to a foreign program or a program jointly developed by both sides; awarding certificates issued by a foreign country and recognized by reputable international educational organizations.

4. Training in Vietnam according to a program transferred from abroad; awarding certificates issued by both Vietnam and the foreign country and recognized by reputable international educational organizations.

5. Part of the training conducted in Vietnam according to Vietnam’s program or a foreign program, and part conducted abroad according to a foreign program; awarding certificates issued by a foreign country and recognized by reputable international educational organizations.

Article 10. Conditions for issuing a certificate of registration for collaborative training activities

1. Fields and levels of training

A vocational education and training institution conducting collaborative training with a foreign educational institution according to the forms of collaborative training specified in Article 9 of this Decree may only conduct training within the scope of fields, trades, and levels of training that have been permitted by the competent authority in Vietnam.

2. Admission conditions for students enrolled in collaborative training programs:

a) In cases where the certificate is issued by a Vietnamese vocational education and training institution, the admission conditions must comply with the regulations of Vietnam;

b) In cases where the certificate is issued by a foreign vocational education and training institution, the admission conditions must comply with the regulations of the foreign country. These conditions must correspond to the admission requirements of the foreign vocational education and training institution as stipulated in the country of origin and must be approved by the central government agency managing vocational education and training;

c) In cases where certificates are jointly issued by a Vietnamese vocational education and training institution and a foreign vocational education and training institution, the admission conditions for students must comply with the provisions of Points a and b of Clause 2 of this Article.

3. Physical facilities and training equipment

a) The physical facilities must be appropriate to the scale and level of training for each specialty or trade, specifically:

- Theory and practical classrooms meeting the training scale as prescribed. The minimum area of theory classrooms is 1.5 m²/seat, and the minimum area of practical classrooms is from 4 to 6 m²/practical seat;

- Practical workshops meeting the standards required for practical training according to the training program;

- Laboratories, experimental rooms, and specialized theory classrooms meeting the teaching, learning, and research requirements according to the training program.

b) Training equipment must meet the minimum list of training equipment for each specialty or trade issued by the central government agency managing vocational education and training. For specialties or trades for which the central government agency managing vocational education and training has not yet issued a minimum list of training equipment, it must ensure sufficient training equipment according to the training program, corresponding to the scale of training for that specialty or trade.

4. Training programs and textbooks

a) Vocational education institutions implementing collaborative training must provide complete training programs, textbooks, study materials, and learning resources to serve the learning process of students;

b) Training programs must be evaluated and recognized as meeting quality standards as prescribed by the central government agency managing vocational education and training.

5. Teaching staff

a) Teachers teaching in collaborative training programs must have at least reached the standard training level as prescribed in Article 54 of the Law on Vocational Education, or be master craftsmen, highly skilled individuals, and possess a teaching qualification certificate or equivalent;

b) Foreign teachers teaching in collaborative training programs must have at least five years of experience in the same field of teaching;

c) The teaching staff and management personnel must be adequate in number and suitable in structure for the fields, trades, and levels of training, including:

- The maximum student-to-teacher ratio is 25 students per teacher for specialties or trades in the humanities, economics, and service sectors; 20 students per teacher for specialties or trades in technical and technological sectors; 15 students per teacher for specialties or trades requiring specific aptitudes of learners;

- There must be a core teaching staff responsible for at least 60% of the curriculum load for each collaborative training field or trade.

6. Language of instruction and study

a) The language used for teaching and studying specialized subjects in collaborative training for foreign certificates is a foreign language, not taught in Vietnamese or through translation; for Vietnamese certificates, it can be in Vietnamese or taught through translation;

b) Teachers teaching in a foreign language in collaborative training programs must have a language proficiency level meeting the requirements of the program, but not lower than level 5 of the 6-level Vietnamese Foreign Language Proficiency Framework or equivalent.

c) Persons enrolling in the joint training program to obtain foreign degrees must have at least a level 3 proficiency in a foreign language according to the Vietnamese Foreign Language Competency Framework of six levels or equivalent.

d) Based on the needs of the students, the vocational education institutions involved in the joint program may organize language training courses to help students achieve the required proficiency level as stipulated in Point c Clause 6 of this Article before commencing regular classes.

7. The scale of training for the joint program shall be determined based on the conditions ensuring the quality of the program as prescribed in Clause 3 and Clause 5 of this Article.

Article 11. Documents for Registration of Joint Training Activities

1. The registration document for joint training activities signed by all parties involved in the joint program.

2. A report on the current status of conditions ensuring the operation of the joint training program, prepared by the parties involved, including: the objectives of the joint training program; majors, trades, and levels of training; physical facilities and equipment conditions; teaching programs and textbooks; list of expected teachers and lecturers (accompanied by certificates proving their professional expertise and teaching experience); target groups and admission criteria; scale of training; methods of examination and evaluation; diplomas and certificates to be awarded, equivalence of foreign diplomas with national educational qualifications; measures to ensure quality and risk management; department responsible for the joint program (accompanied by personal resumes of representatives from Vietnamese vocational education institutions and foreign vocational education institutions participating in the management of the program); tuition fees and financial support from domestic and foreign individuals and organizations (if applicable), budget estimates, financial management mechanisms; responsibilities and rights of the parties involved; responsibilities and rights of teachers and students.

3. Agreement or cooperation contract between the parties involved.

4. Certified copy of the decision establishing or allowing the establishment of the vocational education institution or other equivalent documents of the parties involved.

5. Certified copy of the documents proving that the Vietnamese vocational education institution and the foreign vocational education institution are permitted to train in the intended field of joint collaboration.

6. Certified copy of the certificate of quality assessment of the foreign training program or of the foreign vocational education institution or documents recognizing the quality issued by the competent authority.

Article 12. Procedures and Formalities for Issuing Certificates of Registration for Joint Training Activities

1. The parties involved in the joint training program prepare one set of documents as specified in Article 11 of this Decree and submit them to:

a) The central state management agency for vocational education for applications for joint training activities of colleges and higher education institutions;

b) The specialized agency assisting the provincial People's Committee in performing state management functions over vocational education within the province for applications for joint training activities of vocational education centers and secondary technical schools.

2. Within five working days from the date of receipt of the application, the receiving agency checks the validity of the application. In case the application is invalid, the receiving agency will notify the parties involved in writing to amend and supplement the application.

3. Within thirty working days from the date of receipt of a valid application, the receiving agency, in coordination with relevant agencies and units, will organize on-site inspections to verify compliance with the prescribed conditions, prepare reports, and submit them to the authorities with jurisdiction as stipulated in Article 13 of this Decree for review and decision.

4. Within five working days from the date of receipt of the inspection report, the authorities with jurisdiction must provide feedback.

5. If the conditions for conducting joint training activities are not met, within five working days from the date of receipt of the feedback from the authorities with jurisdiction, the receiving agency must respond in writing, specifying the reasons.

6. Within ten working days from the date of issuance of the certificate of registration for joint training activities, the specialized agency assisting the provincial People's Committee in performing state management functions over vocational education within the province shall send a certified copy of the certificate of registration for joint training activities to the central state management agency for vocational education.

7. Vocational education institutions must register supplementary changes with the competent authority as stipulated in Article 13 of this Decree when modifying any information recorded in the certificate of registration for joint training activities.

Article 13. Authority to issue certificates for registration of joint training activities

1. The head of the central state management agency for vocational education shall issue certificates for registration of joint training activities for colleges and higher education institutions.

2. The head of the specialized agency assisting the provincial People's Committee in performing state management functions for vocational education in the province where the vocational education institution organizes joint training shall issue certificates for registration of joint training activities for vocational education centers and secondary vocational schools.

Article 14. Suspension of admissions and termination of joint training activities

1. Vocational education institutions shall be suspended from conducting joint training admissions in the following cases:

a) At the time of admission, they do not meet the conditions required for joint training operations as stipulated in Article 10 of this Decree;

b) They engage in fraudulent behavior to obtain a certificate for registration of joint training activities;

c) They organize admissions before obtaining a certificate for registration of joint training activities.

2. Joint training activities shall be terminated in the following cases:

a) Upon proposal by the parties involved in the joint training;

b) After the suspension period has expired but the causes leading to the suspension have not been resolved;

c) They commit serious violations of the law;

d) They do not implement joint training activities within 24 months from the date of issuance of the certificate for registration of joint training activities.

3. The authority issuing certificates for registration of joint training activities as provided for in Article 13 of this Decree has the right to suspend or terminate joint training activities as prescribed.

4. Within thirty working days from the date of suspension of admissions or termination of joint training activities, the vocational education institution must compensate the training costs for students, pay teaching fees, ensure other lawful rights and interests of students, teachers, civil servants, and employees according to signed labor contracts or collective labor agreements; settle tax debts and other debts (if any).

Section 2

VOCATIONAL EDUCATION INSTITUTIONS

WITH FOREIGN INVESTMENT CAPITAL

Article 15. Procedures for Permission to Establish

1. The procedures for granting permission to establish vocational education institutions with foreign investment capital are as follows:

a) Issuance of investment registration certificate in accordance with laws on investment;

b) Decision to grant permission to establish a vocational education institution;

c) Issuance of certificate for registration of vocational education activities.

2. The procedures for granting permission to open branch offices of vocational education institutions in provinces/cities different from the main location of these institutions are as follows:

a) Issuance of investment registration certificate in accordance with laws on investment;

b) Decision to grant permission to open branch offices of vocational education institutions;

c) Issuance of certificate for registration of vocational education activities for branch offices of vocational education institutions.

3. The procedures for granting permission to open branch offices of vocational education institutions within the same province/city are as follows:

a) Adjustment of the investment registration certificate that has been issued;

b) Decision to grant permission to open branch offices of vocational education institutions;

c) Issuance of certificate for registration of vocational education activities for branch offices of vocational education institutions.

Article 16. Conditions for Permitting Investment

1. Capital investment:

a) A vocational education center investment project with foreign capital must have a minimum investment cost of 60 million VND per student (excluding land usage costs). The total minimum investment amount is calculated based on the number of students at the highest training scale expected at the time of planning.

b) An investment project to establish a college-level institution or a vocational college with foreign capital; an investment project to open a branch of a college-level institution or a vocational college with foreign capital must have a minimum investment cost of 100 million VND per student (excluding land usage costs). The total minimum investment amount is calculated at the time of the highest training scale expected, but not less than 100 billion VND.

c) For vocational education institutions with foreign capital that do not build new physical facilities but only lease existing facilities or contribute capital through existing facilities provided by Vietnamese parties, the minimum investment level must reach at least 70% of the levels specified in Points a and b of Clause 1 of this Article.

2. Physical infrastructure:

a) The land area for construction must average at least 25 square meters per student for college-level institutions and vocational colleges, and 4 square meters per student for vocational education centers, calculated at the time of the highest training scale expected in the development plan of vocational education institutions with foreign capital.²per student for vocational colleges and technical colleges, and four million VND per student for vocational education centers at the time of the largest training scale in the development plan of foreign-invested vocational education institutions;²per student for vocational education centers, six million VND per student for vocational colleges,

b) Must have sufficient classrooms and auditoriums suitable for the scale of training.

c) Must have sufficient office space, administrative areas, and faculty offices, ensuring organizational structure requirements for departments and specialized subjects, with a minimum area of 4 square meters per person for vocational education centers, 6 square meters per person for college-level institutions, and 8 square meters per person for vocational colleges.²eight million VND per student for technical colleges;²/person for a college-level institution, 08 m²/person for a university-level institution;

d) Must have libraries, practical training facilities, laboratories, workshops, farms, and experimental gardens suitable for each specific field of study and profession.

đ) Must have dormitories, clubs, dining halls, technical facilities, medical facilities, recreational and sports facilities, cultural facilities, and sanitation areas serving faculty members, teachers, lecturers, students, and trainees.

e) Must have teaching equipment, machinery, and training tools suitable for the scale and level of training for each specific field of study and profession.

g) Vocational education institutions with foreign capital registered to operate for 20 years or more in Vietnam must have a plan for building physical infrastructure and obtain provincial People's Committee approval for land allocation or leasing for investment in building physical infrastructure. The maximum investment phase is 5 years, and these institutions must have contracts or agreements on the principle of leasing necessary stable physical infrastructure to implement training and teaching activities and ensure the timely completion of physical infrastructure construction according to the project schedule.

h) Vocational education institutions with foreign capital registered to operate for less than 20 years do not need to build separate physical infrastructure, but must have contracts or agreements to lease schools, classrooms, workshops, and other auxiliary areas suitable and stable for at least 5 years.

3. Training Programs:

a) Training programs implemented at vocational education institutions with foreign capital must meet the requirements stipulated in Clause 1 of Article 34 of the Vocational Education Law, without content harmful to national defense, national security, public interest; without promoting religion, distorting history; without adversely affecting Vietnamese culture, morality, and customs.

b) Vocational education institutions with foreign capital may organize teaching of Vietnamese training programs; foreign training programs within the framework of joint training programs with foreign countries as prescribed.

c) The head of the central state management agency for vocational education shall specify compulsory courses for Vietnamese citizens studying foreign training programs in college-level institutions and vocational colleges with foreign capital.

4. Teaching Staff:

a) Teaching staff must have at least the qualifications specified in Clause 5 of Article 10 and Point b of Clause 6 of Article 10 of this Decree.

b) The proportion of teaching staff with postgraduate qualifications must be no less than 15% of the total teaching staff of college-level institutions and vocational colleges.

c) Vocational education institutions with foreign capital must have sufficient full-time teaching staff to handle at least 60% of the workload of each field of study and profession.

Article 17. Conditions for Issuing Investment Registration Certificate

1. For projects to establish vocational education institutions with foreign investment:

a) Having a project to establish a vocational education institution that is consistent with the socio-economic development plan and the network planning of vocational education institutions approved by competent state authorities;

b) Having a pre-feasibility study to establish a vocational education institution as prescribed in Point d Clause 1 Article 18 of this Decree;

c) Having land funds at the local level to transfer or lease to investors or agreeing on the principle of leasing existing facilities as prescribed in Points g and h Clause 2 Article 16 of this Decree;

d) Having sufficient financial capacity to implement the investment project as stipulated in Clause 1 Article 16 of this Decree.

2. For projects to open branch campuses of secondary vocational schools or colleges:

a) The secondary vocational school or college proposing to open a branch campus must be a school that has been quality certified by an organization or a competent authority in Vietnam or abroad;

b) Having land funds at the local level to transfer or lease to investors or agreeing on the principle of leasing existing facilities in accordance with the provisions of Points g and h Clause 2 Article 16 of this Decree;

c) Having a pre-feasibility study to establish a branch campus as prescribed in Point e Clause 2 Article 18 of this Decree;

d) Having sufficient financial capacity to implement the project to open a branch campus of the school as stipulated in Clause 1 Article 16 of this Decree.

Article 18. Documents for Requesting Investment Registration Certificate

1. For projects to establish vocational education institutions:

a) A request for issuance of an Investment Registration Certificate;

b) Legal status confirmation documents of the investor: Organizations need to submit certified copies of establishment decisions or business registration certificates or equivalent documents. Individuals need to submit certified copies of passports or identity cards, personal resumes; foreign individual investors also need to submit judicial records;

c) Economic and technical justification including main contents: Objectives, scale, location of investment; investment capital; project implementation schedule; land usage requirements or agreements on leasing locations or existing facilities in compliance with legal regulations; technology and environmental solutions; investment incentive recommendations (if any);

d) Pre-feasibility study for establishing a vocational education institution, including the following contents:

- Type of vocational education institution proposed to be established; necessity of establishment; consistency with socio-economic development plans and vocational education institution network planning approved by competent state authorities;

- Name of the vocational education institution; training objectives, tasks of the vocational education institution; construction, development, and training scale plans of the vocational education institution for each stage; organizational structure, management, and operation framework proposals;

- Proposals on diplomas, certificates; educational facilities and equipment; training programs; teaching staff.

đ) Financial capability proof documents of the investor according to the levels specified in Clause 1 Article 16 of this Decree.

2. For projects to open branch campuses of secondary vocational schools or colleges:

a) A request for issuance of an Investment Registration Certificate or adjustment of an Investment Registration Certificate;

b) Certified copy of the decision allowing the establishment of a secondary vocational school or college;

c) Certified copy of the certificate of vocational education activity registration;

d) Quality certification document of the school applying to open a branch campus or quality recognition documents from competent authorities;

đ) Economic and technical justification related to opening a branch campus, including contents prescribed in Point c Clause 1 of this Article;

e) Pre-feasibility study proposal for opening a branch campus including the following contents:

- Necessity of opening a branch campus;

- Name of the branch campus, scope of activities of the branch campus; construction, development, and training scale plans corresponding to each development stage of the branch campus; organizational structure, management, and operation framework proposals;

- Proposals on educational facilities and equipment; training programs; teaching staff in compliance with the provisions of this Decree.

đ) Financial capability proof documents of the investor according to the levels specified in Clause 1 Article 16 of this Decree.

3. Foreign-issued confirmation documents for investors must be legalized by the Ministry of Foreign Affairs of the Socialist Republic of Vietnam or diplomatic missions, consular offices, or agencies authorized to perform consular functions of Vietnam abroad, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 19. Procedures, formalities, and authority for issuing investment registration certificates

1. Procedures, formalities, and authority for issuing investment registration certificates shall be in accordance with the laws on investment.

2. Within five working days from the date of issuance of the investment registration certificate, the agency issuing the investment registration certificate shall send a certified copy of the investment registration certificate to:

a) The central state management agency for vocational education for projects investing in establishing colleges and branch campuses of such institutions;

b) The specialized agency assisting the provincial People's Committee in performing state management functions over vocational education within the province for projects investing in establishing vocational education centers, secondary vocational schools, and branch campuses of secondary vocational schools.

Article 20. Conditions for Permission to Establish

1. Having been issued an investment registration certificate.

2. Possessing a proposal for establishment that meets the conditions ensuring the operation of vocational education regarding infrastructure, equipment, training programs, teaching materials, and the teaching staff according to Clause 2, Clause 3, and Clause 4 of Article 16 of this Decree.

Article 21. Documents for Requesting Permission to Establish

The documents for requesting permission to establish a foreign-invested vocational education institution include:

1. A request for permission to establish a vocational education institution.

2. A certified copy of the investment registration certificate.

3. A proposal for establishing a vocational education institution, specifying:

a) The name of the vocational education institution; objectives, tasks; scope of activities; diplomas and certificates to be awarded; proposed organizational structure, management, and administration;

b) Detailed plans for construction, development, and training scale of the vocational education institution at each stage, clearly demonstrating the ability to meet the conditions concerning infrastructure, equipment; training programs; teaching staff as stipulated in Clauses 2, 3, and 4 of Article 16 of this Decree.

4. A document approving land allocation or lease by the provincial People's Committee for cases requiring construction of infrastructure (specifying the address, area, boundary of the land) and agreement on leasing existing infrastructure in compliance with the law and related legal documents.

5. An investment project for constructing infrastructure, including a detailed description and design of the educational facility for cases requiring construction of infrastructure.

6. Financial capability documentation as prescribed in Clause 1 of Article 16 of this Decree.

Article 22. Procedures, Formalities, and Authority for Permission to Establish

1. The investor submits one set of documents as prescribed in Article 21 of this Decree to:

a) The central state management agency for vocational education for proposals to establish colleges;

b) The specialized agency assisting the provincial People's Committee in performing state management functions over vocational education within the province for proposals to establish vocational education centers and secondary vocational schools.

2. Within five working days from the date of receipt of the documents, the receiving agency is responsible for checking the validity of the documents and sending them to relevant agencies and units for comments. In case the documents are invalid, the receiving agency will notify the investor in writing to make corrections and supplements.

3. Within ten working days from the date of receipt of the request for comments from the receiving agency, the agency or unit asked for comments must provide a written response.

4. Within thirty working days from the date of receipt of complete valid documents, the receiving agency prepares a review report, submits it to the competent authorities as prescribed in Clause 6 of Article 18 of the Vocational Education Law for consideration and decision.

5. Within ten working days from the date of receipt of the review report, the competent authorities as prescribed in Clause 6 of Article 18 of the Vocational Education Law consider and decide on granting permission to establish a vocational education institution.

6. In case the documents are not approved, within five working days from the date of receipt of comments from the competent authorities, the receiving agency will notify the investor in writing, specifying the reasons.

Article 23. Term of Operation

The term of operation for vocational education institutions with foreign investment capital shall not exceed fifty years, calculated from the date of establishment approval. In cases of necessity, the Government may decide on a longer term, but not exceeding seventy years.

Article 24. Conditions for Permission to Open Branches

1. Possess an investment registration certificate attached to the opening of a branch of a college or university or an adjusted investment registration certificate.

2. Have been recognized by a quality assessment agency or competent authority in Vietnam or abroad regarding quality.

3. Have a detailed plan to open a branch in accordance with Point e Clause 2 Article 18 of this Decree.

4. Have sufficient financial capacity to implement the investment project to open a branch in accordance with the level specified in Clause 1 Article 16 of this Decree.

Article 25. Documents for Requesting Permission to Open Branches

1. A request document for permission to open a branch of a college or university.

2. A certified copy of the investment registration certificate attached to the opening of a branch of a college or university or an adjusted investment registration certificate.

3. A certified copy of the quality assessment document or quality recognition document issued by a competent authority in Vietnam or abroad.

4. The detailed proposal to open a branch must clearly specify:

a) The name of the branch; objectives, tasks; proposed organizational structure, management, and operational activities of vocational education at the branch;

b) Specific plans for construction, development, and training scale of the branch in each phase, including the ability to meet conditions related to infrastructure, equipment; vocational training programs; teaching staff in compliance with legal regulations.

5. An approval document for land allocation or lease issued by the provincial People's Committee for cases requiring construction of infrastructure (including clear address, area, boundary of the land) and agreement on principles for leasing existing infrastructure in compliance with legal regulations and relevant legal documents.

6. An investment project for constructing infrastructure, including a detailed description and design of the infrastructure of the branch for cases requiring construction of infrastructure.

7. Documents proving financial capacity in accordance with the level specified in Clause 1 Article 16 of this Decree.

Article 26. Procedures, Formalities, and Authority for Permission to Open Branches

1. Investors requesting to open a branch of a college or university prepare one set of documents in accordance with Clause 1 Article 22 of this Decree and submit it to the competent state agency as stipulated in Clause 6 Article 18 of the Vocational Education Law.

2. Within five working days from the date of receiving the documents, the agency receiving the documents is responsible for checking the validity of the documents and sending them to relevant agencies and units for comments. If the documents are invalid, the agency receiving the documents will notify the investor in writing to amend and supplement the documents.

3. Within ten working days from the date of receipt of the request for comments from the receiving agency, the agency or unit asked for comments must provide a written response.

4. Within thirty working days from the date of receiving valid documents, the agency receiving the documents prepares a review report and submits it to the competent authorities as stipulated in Clause 6 Article 18 of the Vocational Education Law.

5. Within five working days from the date of receiving the review report, the competent authorities examine and decide on permission to open a branch of a college or university.

6. If the documents are not approved, within five working days from the date of receiving the opinions of the competent authorities, the agency receiving the documents sends a written notification to the investor, specifying the reasons.

Article 27. Registration for Vocational Education Activities

1. Vocational education institutions and branch campuses of secondary vocational schools and college-level institutions with foreign investment in Vietnam may only organize vocational education activities after obtaining a certificate of registration for vocational education activities.

2. The head of the central state management agency for vocational education shall specify in detail the conditions, authority, procedures for issuing and revoking certificates of registration for vocational education activities or supplementary certificates of registration for vocational education activities.

Article 28. Announcement of Establishment of Vocational Education Institutions, Branch Campuses of Secondary Vocational Schools and College-Level Institutions with Foreign Investment

Within three working days from the date of issuance of the decision allowing the establishment of a vocational education institution or the opening of a branch campus of a secondary vocational school or college-level institution, the central state management agency for vocational education, or the specialized agency assisting the provincial People's Committee to perform state management functions for vocational education in the province, must publish on their electronic information websites the following information about the vocational education institution or branch campus:

1. The name of the vocational education institution or branch campus in Vietnamese and a commonly used foreign language.

2. The investment certificate for cases where an investment certificate is required (number, date, issuing authority, total registered investment capital).

3. The decision allowing the establishment of a vocational education institution or the opening of a branch campus (number, date, issuing authority).

4. Certificate of registration for vocational education activities; Supplementary certificate of registration for vocational education activities (if applicable).

5. Full name of the principal (director) of the vocational education institution or the person in charge of the branch campus.

6. Address of the vocational education institution or branch campus and related information: telephone number, fax, logo, and website (if available), email address.

7. Bank account number.

Article 29. Merger, Division, and Splitting of Vocational Education Institutions

1. The merger, division, and splitting of vocational education institutions with foreign investment must ensure the following principles:

a) Meeting the requirements for economic and social development in Vietnam;

b) Being consistent with the planning of the network of vocational education institutions;

c) Contributing to improving the quality and effectiveness of vocational education;

d) Ensuring the rights of staff, workers, teachers, and students of the vocational education institution;

đ) The newly formed vocational education institution after the process of merger, division, or splitting must meet all the conditions stipulated in Article 16 of this Decree.

2. The competent authority that permits the establishment of a vocational education institution with foreign investment has the authority to permit the merger, division, or splitting of a vocational education institution with foreign investment.

3. The dossier for the merger, division, or splitting of a vocational education institution with foreign investment includes:

a) A proposal document for the merger, division, or splitting of a vocational education institution;

b) One of the following types of documents:

A merger contract drafted by the legal representative of the relevant vocational education institutions. The merger contract must include main contents regarding the name and headquarters address of the vocational education institution receiving the merger; the name and headquarters address of the vocational education institution being merged; procedures and conditions for the merger; labor utilization plan; time limit, procedures, and conditions for asset conversion and conversion of the share capital of the merged vocational education institution into the share capital of the receiving vocational education institution; time limit for implementing the merger;

A decision on the division or splitting of a vocational education institution with foreign investment that has been approved by the owner of the vocational education institution. The decision on the division or splitting of a vocational education institution must comply with current laws and must include contents regarding the name and location of the vocational education institution being divided or split; the name and location of the new vocational education institution to be established; principles and procedures for dividing or splitting assets; labor utilization plan; time limit and procedures for converting the share capital of the divided or split vocational education institution into the new vocational education institution; principles for resolving obligations of the divided or split vocational education institution; time limit for implementing the division or splitting of the vocational education institution. The decision on division or splitting must be sent to all creditors and notified to employees within one month from the date of passing the decision.

4. The procedure and formalities for the merger, division, or splitting of a vocational education institution with foreign investment shall be implemented according to the following provisions:

a) The application dossier for permission to merge, divide, or split a vocational education institution with foreign investment is submitted to the agency responsible for receiving applications for the establishment of a vocational education institution with foreign investment as stipulated in Clause 1, Article 22 of this Decree;

b) Within thirty working days from the date of receipt of a complete dossier, the agency responsible for receiving the dossier shall organize an assessment and submit it to the competent authority specified in Clause 6, Article 18 of the Law on Vocational Education for consideration and decision.

Chapter IV
RIGHTS AND OBLIGATIONS OF ENTERPRISES

IN VOCATIONAL EDUCATION ACTIVITIES

Article 30. Rights of enterprises

1. Establish vocational education institutions when having a project that meets the conditions stipulated by the head of the central state management agency for vocational education.

2. Organize training at the primary level and regular training at the enterprise workplace according to the following provisions:

a) The training subjects are employees of the enterprise and other workers who have a need for training;

b) The training program includes: Primary level training programs and regular training programs as specified in Points a, b, c, and d Clause 1 Article 40 of the Vocational Education Law;

c) The instructors are teachers, scientists, engineers, technical staff, artisans, skilled workers, and excellent farmers with corresponding teaching qualifications for the assigned teaching levels;

d) Agree with the trainees, who are enterprise employees, on their salary levels and payment methods during the training period;

e) After completing the training program, if the trainee meets the requirements, they will be issued a primary level certificate or a training certificate by the enterprise's head. The training certificate must clearly state the content and duration of the training;

3. Participate in the college council of public colleges and the board of directors of private colleges if the enterprise's business activities are related to the training fields of these institutions.

4. Participate in building lists of training fields; developing training programs and textbooks; organizing teaching, guiding internships, and evaluating students' learning outcomes at vocational education institutions.

5. Cooperate with vocational education activity organizations to organize primary, intermediate, and higher vocational training levels and regular training programs; implement training based on orders from vocational education institutions and state orders.

6. Exercise other rights as prescribed in Article 51 of the Vocational Education Law and relevant regulatory legal documents.

Article 31. Responsibilities of enterprises

1. Provide information about annual training needs, labor usage, and recruitment by industry, profession, and training level to the state management agency for vocational education.

2. Appoint suitable experts and technical staff representatives to participate in building lists of training fields; developing training programs and textbooks; teaching, guiding internships, and evaluating students' learning outcomes at vocational education institutions.

3. Organize training independently, cooperate with vocational education institutions to organize training, and place orders with vocational education institutions to train recruited workers for employment at the enterprise.

4. Accept teachers from vocational education institutions to visit, practice, and improve occupational skills at the enterprise, update and access new technologies; pay salaries directly or include them in labor producing products meeting standards including goods or services provided on the market during their internship period according to agreed levels.

5. Accept trainees to visit, practice, and improve occupational skills at the enterprise according to agreements in the training cooperation contracts with vocational education institutions; pay salaries to those participating in production or service provision during their internship period according to agreed levels; accept workers for training to work for the enterprise and sign training contracts with them without charging tuition fees for this group.

6. Pay training costs and wages to workers during study leave periods as agreed between the enterprise and the workers according to legal regulations.

7. Develop plans, programs, and organize training and skill enhancement for workers within the enterprise.

8. Fulfill social responsibilities regarding vocational education activities, commit to contributing to sustainable development through activities aimed at improving training quality and meeting human resource needs of the enterprise, community, and society.

9. Fulfill other responsibilities as prescribed in Article 52 of the Vocational Education Law and relevant regulatory legal documents.

Chapter V
IMPLEMENTING PROVISIONS

Article 32. Effectiveness

1. This Decree takes effect from July 1, 2015.

2. Repeal Government Decree No. 70/2009/NĐ-CP dated August 21, 2009, stipulating state management responsibilities for vocational training.

3. Provisions concerning: Cooperation and foreign investment in vocational training; vocational education; vocational training institutions; vocational education institutions; colleges; college-level training programs as stipulated in Government Decree No. 73/2012/NĐ-CP dated September 26, 2012, on cooperation and foreign investment in education, and Government Decree No. 124/2014/NĐ-CP dated December 29, 2014, amending Clause 6 Article 31 of Government Decree No. 73/2012/NĐ-CP dated September 26, 2012, cease to be effective from the date this Decree takes effect.

4. Provisions concerning colleges and college-level training programs as stipulated in Government Decree No. 141/2013/NĐ-CP dated October 24, 2013, detailing and guiding implementation of certain articles of the Higher Education Law, cease to be effective from the date this Decree takes effect.

5. Replace the term "vocational training" with the term "vocational education" in Clause 11 Article 8 of Government Decree No. 24/2014/NĐ-CP dated April 4, 2014, on organizing specialized agencies under provincial People's Committees; Clause 5 Article 7 of Government Decree No. 37/2014/NĐ-CP dated May 5, 2014, on organizing specialized agencies under district, town, and city People's Committees under provinces.

6. The provisions regarding colleges, vocational secondary schools, centers for continuing education, comprehensive technical centers - vocational guidance, and intermediate vocational level education stipulated in Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government on the responsibilities for state management of education shall cease to be effective from the date this Decree takes effect.

7. The Ministry of Labor, Invalids and Social Affairs and the Ministry of Education and Training assist the Government in uniformly performing the state management functions over vocational education at the central level according to the following regulations until the Government decides on the state management agency for vocational education at the central level:

a) The Ministry of Labor, Invalids and Social Affairs and the Ministry of Education and Training shall coordinate to implement the contents prescribed in Clauses 1 and 2, Article 4 of this Decree according to the principle that if a matter is more closely related to the system of vocational education institutions under the management of a particular ministry, then that ministry shall take the lead, with the other ministry supporting according to the division of labor by the Prime Minister;

b) The Ministry of Labor, Invalids and Social Affairs and the Ministry of Education and Training shall draft and jointly issue Circulars guiding the state management contents over vocational education for intermediate and college levels as prescribed in Clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17 of Article 4 of this Decree;

c) The Ministry of Labor, Invalids and Social Affairs and the Ministry of Education and Training shall perform state management over vocational education for intermediate and college levels according to the contents prescribed in Clauses 4, 15, 18, 19, 20, 21, 22, 23, 24, and 25 of Article 4 of this Decree;

d) The Ministry of Labor, Invalids and Social Affairs shall perform state management over vocational education as prescribed in Points a, b, and c of Clause 7 of this Article and directly perform state management over vocational education concerning the organization and operation of training at the basic level; training through apprenticeship, trade transmission, and short-term training; skill enhancement training for workers in enterprises; completion of occupational skills training for workers; vocational training for rural workers; and the implementation of support policies for basic-level training and short-term training.

Article 33. Responsibility for Implementation

1. The head of the state management agency for vocational education at the central level within their functional, task, authority, and responsibility scope shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.