Decree No. 49/2018/ND-CP on the quality assessment of vocational education

DECREE

REGULATIONS ON QUALITY ASSURANCE IN VOCATIONAL EDUCATION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Conditions for Business Investment dated November 22, 2016; Pursuant to the Enterprise Law dated November 26, 2014;

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

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015;

THE GOVERNMENT ISSUES THIS DECREE ON QUALITY ASSURANCE IN VOCATIONAL EDUCATION.

At the request of the Minister of Labor, War Invalids and Social Affairs,Pursuant to the request of the Director General of the Department of Vocational Education;

1. This Decree stipulates quality assurance in vocational education, including:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Conditions, procedures, authority to issue, reissue, revoke certificates of eligibility for quality assurance activities (hereinafter referred to as the Certificate of Eligibility for Quality Assurance Activities); suspension of quality assurance activities; functions, tasks, responsibilities, and powers of quality assurance organizations (hereinafter referred to as quality assurance organizations);

b) Standards, tasks, and powers of quality assurance inspectors (hereinafter referred to as quality assurance inspectors); issuance, reissuance, and revocation of quality assurance inspector cards (hereinafter referred to as quality assurance inspector cards);

c) Issuance and revocation of certificates of meeting quality assurance standards (hereinafter referred to as Certificates of Meeting Quality Assurance Standards).

2. This Decree does not apply to:

a) Issuance and revocation of Certificates of Meeting Quality Assurance Standards for secondary teacher training schools, higher teacher training colleges, branch campuses of secondary teacher training schools, and branch campuses of higher teacher training colleges;

b) Issuance and revocation of Certificates of Meeting Quality Assurance Standards for training programs under the purview of the Ministry of Education and Training.

1. Vocational education institutions.

Article 2. Applicability

2. Higher education institutions and enterprises that have registered for vocational education activities (hereinafter referred to as vocational education activity institutions).

3. Quality assurance organizations.

4. Agencies, organizations, and individuals related to the contents stipulated in Article 1 of this Decree.

1. Quality assurance in vocational education is an activity of evaluating and recognizing the extent to which vocational education institutions or vocational education training programs meet quality assurance standards as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

2. A quality assurance inspector is a person who meets the criteria as stipulated in Article 13 and is issued a quality assurance inspector card as prescribed in Article 18 of this Decree.

3. External evaluation is a process of surveying and assessing by quality assurance organizations to determine the extent to which vocational education institutions or vocational education training programs meet quality assurance standards as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

ARTICLE ON CONDITIONS, PROCEDURES, AUTHORITY TO ISSUE, REISSUE, AND REVOKE CERTIFICATES OF ELIGIBILITY FOR QUALITY ASSURANCE ACTIVITIES; SUSPENSION OF QUALITY ASSURANCE ACTIVITIES; FUNCTIONS, TASKS, RESPONSIBILITIES, AND POWERS OF QUALITY ASSURANCE ORGANIZATIONS

Chapter II

CONDITIONS, PROCEDURES, AUTHORITY TO ISSUE, REISSUE, WITHDRAW THE CERTIFICATE OF QUALIFICATION FOR EDUCATIONAL AND VOCATIONAL QUALITY ASSESSMENT ACTIVITIES; SUSPENSION OF EDUCATIONAL AND VOCATIONAL QUALITY ASSESSMENT ACTIVITIES; FUNCTIONS, DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF QUALITY ASSESSMENT ORGANIZATIONS FOR EDUCATION AND VOCATIONAL TRAINING

Section 1

Article CONDITIONS FOR ISSUING A CERTIFICATE OF QUALIFICATION TO CONDUCT EDUCATIONAL QUALITY ASSESSMENT IN VOCATIONAL EDUCATION

Article 4. Conditions for issuing a Certificate of Qualification to conduct educational quality assessment in vocational education for domestic organizations which are public service units or enterprises

1. Established and operating in accordance with Vietnamese laws.

3. The person directly responsible for conducting educational quality assessment in vocational education must meet the requirements stipulated in Article 6 of this Decree.

4. Having at least ten full-time assessors working under labor contracts or work contracts of at least twelve months for the quality assessment organization.

5. Having an electronic information website of the quality assessment organization containing content and databases serving the activities of educational quality assessment in vocational education.

Article 5. Conditions for issuing a Certificate of Qualification to conduct educational quality assessment in vocational education for foreign organizations

1. Meeting the conditions prescribed in Article 4 of this Decree.

2. Having at least five consecutive years of operation in the fields of education, vocational education, educational quality assessment, and vocational educational quality assessment up to the time of requesting issuance of the Certificate of Qualification to conduct educational quality assessment in vocational education.

Article 6. Conditions for the person directly responsible for conducting educational quality assessment in vocational education of the quality assessment organization

1. Being the head or deputy head of the quality assessment organization which is a public service unit; general director or deputy general director; director or deputy director of the quality assessment organization which is an enterprise.

3. Holding a valid assessor card.

Section 2

PROCEDURES, AUTHORITY TO ISSUE, REISSUE, AND WITHDRAW THE CERTIFICATE OF QUALIFICATION TO CONDUCT EDUCATIONAL QUALITY ASSESSMENT IN VOCATIONAL EDUCATION; SUSPENSION OF EDUCATIONAL QUALITY ASSESSMENT ACTIVITIES IN VOCATIONAL EDUCATION

The Minister of Labor, Invalids, and Social Affairs shall issue, reissue, and withdraw the Certificate of Qualification to conduct educational quality assessment, and suspend educational quality assessment activities in vocational education.

Article 8. Procedures for issuing and reissuing the Certificate of Qualification to conduct educational quality assessment in vocational education

1. The application dossier for issuing the Certificate of Qualification to conduct educational quality assessment for domestic organizations consists of one set, including:

a) Application form for issuing the Certificate of Qualification to conduct educational quality assessment (Form No. 01 stipulated in the Appendix attached to this Decree);

đ) Copy of the land ownership certificate or house ownership certificate if it is the property of the public service unit according to the establishment decision or belongs to the person registered for business or copy of the lease contract for the premises or leased land in case the quality assessment organization rents the headquarters;

e) List of office space areas and equipment serving the activities of educational quality assessment in vocational education;

g) Website address of the quality assessment organization.

2. The application dossier for issuing the Certificate of Qualification to conduct educational quality assessment for foreign organizations consists of one set, including:

a) Documents prescribed in Clause 1 of this Article;

b) Copy of the Investment Registration Certificate;

c) Documents proving at least five consecutive years of activity in the fields of education, vocational education, educational quality assessment, and vocational educational quality assessment up to the time of requesting issuance of the Certificate of Qualification to conduct educational quality assessment, including:

- Summary of formation and development process in the fields of education, vocational education, and educational quality assessment of the quality assessment organization, clearly stating the achievements made and the web addresses of related websites;

- Permit to operate in the fields of education, vocational education, and educational quality assessment issued by the home country or recognized by a legitimate international association.

Foreign documents must be legalized by the Ministry of Foreign Affairs of Vietnam or diplomatic missions, consular offices, or agencies authorized to perform consular functions of Vietnam abroad, except where exemption from legalization is provided for by law on legalization.

3. Application dossier for reissuing the Certificate of Qualification to conduct educational quality assessment:

a) In cases of amending or supplementing the Certificate of Qualification to conduct educational quality assessment, the application dossier includes:

- Application form for reissuing the Certificate of Qualification to conduct educational quality assessment (Form No. 02 stipulated in the Appendix attached to this Decree);

- The previously issued Certificate of Qualification to conduct educational quality assessment;

- Documents proving qualification to conduct educational quality assessment in vocational education for amended or supplemented contents.

b) In cases where the Certificate of Qualification to conduct educational quality assessment is lost or damaged: Application form for reissuing the Certificate of Qualification to conduct educational quality assessment (Form No. 02 stipulated in the Appendix attached to this Decree).

4. Procedures for issuing and reissuing the Certificate of Qualification to conduct educational quality assessment

d) Within five working days from the date of issuing or reissuing the Certificate of Eligibility for Quality Assurance, the General Department of Vocational Education and Training shall send a copy of the Certificate of Eligibility for Quality Assurance to the Department of Labor, Invalids, and Social Affairs where the quality assurance organization is headquartered for territorial management purposes. The list of quality assurance organizations that have been issued or reissued the Certificate of Eligibility for Quality Assurance shall be published on the electronic information website of the Ministry of Labor, Invalids, and Social Affairs and the General Department of Vocational Education and Training.

Article 9. Suspension of Quality Assurance Activities

1. A quality assurance organization shall be suspended from conducting quality assurance activities in vocational education when one of the following situations occurs:

a) During its operation, it fails to maintain any of the conditions prescribed in Article 4 and Article 5 of this Decree;

b) It conducts quality assurance activities in vocational education that are not objective or truthful, leading to inaccurate quality assurance results compared to reality.

2. Duration of suspension:

a) In cases where a quality assurance organization is suspended due to the cause mentioned in point a of Clause 1 of this Article, the minimum suspension period is one month until all causes leading to the suspension are resolved, with a maximum duration of three months;

b) In cases where a quality assurance organization is suspended due to the cause mentioned in point b of Clause 1 of this Article, the suspension period is three months.

3. Procedures for suspending quality assurance activities:

b) The decision to suspend quality assurance activities must clearly state the reasons and the suspension period;

c) Within five working days from the date of issuing the suspension decision, the General Department of Vocational Education and Training shall send a copy of the suspension decision to the Department of Labor, Invalids, and Social Affairs where the quality assurance organization is headquartered for territorial management purposes. The decision to suspend quality assurance activities shall be published on the electronic information website of the Ministry of Labor, Invalids, and Social Affairs and the General Department of Vocational Education and Training.

4. Procedures for allowing a quality assurance organization to resume quality assurance activities in vocational education when the cause leading to the suspension mentioned in point a of Clause 1 of this Article has been resolved within the maximum time limit specified in point a of Clause 2 of this Article:

a) The application documents for resuming quality assurance activities include:

- An application form for resuming quality assurance activities (Model No. 04 stipulated in the Appendix attached to this Decree);

- Documents proving that the quality assurance organization has resolved the causes leading to the suspension of quality assurance activities.

- The quality assurance organization shall directly send or send via postal service one set of application documents for resuming quality assurance activities to the General Department of Vocational Education and Training;

- Within twenty working days from the date of receiving complete and valid application documents, the General Department of Vocational Education and Training shall examine and submit to the Minister of Labor, Invalids, and Social Affairs for a decision to allow the quality assurance organization to resume quality assurance activities. In case the application documents are not valid, within five working days from the date of receipt of the documents, the General Department of Vocational Education and Training shall issue a written response to the organization applying for resumption of quality assurance activities and clearly state the reasons.

- Within ten working days from the date of receiving the application documents from the General Department of Vocational Education and Training, the Minister of Labor, Invalids, and Social Affairs shall decide whether to allow the quality assurance organization to resume quality assurance activities; in case the resumption is not allowed, the General Department of Vocational Education and Training shall issue a written response to the organization applying for resumption of quality assurance activities and clearly state the reasons.

c) Within five working days from the date of issuing the decision to allow the quality assurance organization to resume quality assurance activities, the General Department of Vocational Education and Training shall send a copy of the decision to the Department of Labor, Invalids, and Social Affairs where the quality assurance organization is headquartered for territorial management purposes. The decision to allow the quality assurance organization to resume quality assurance activities shall be published on the electronic information website of the Ministry of Labor, Invalids, and Social Affairs and the General Department of Vocational Education and Training.

5. In the case where an inspection organization is suspended due to the reasons specified in point b, Clause 1 of this Article, within the suspension period, the inspection organization must submit a written commitment not to violate the suspension reasons to the General Department of Vocational Education. After the suspension period ends, if there is a written commitment, the inspection organization will be permitted to resume operations. If there is no written commitment, the inspection organization will not be allowed to resume operations.

Article 10. Revocation of Certificate of Eligibility for Quality Inspection Activities in Vocational Education

1. An inspection organization shall have its Certificate of Eligibility for Quality Inspection Activities in Vocational Education revoked in the following cases:

a) The inspection organization requests to terminate quality inspection activities in vocational education;

b) Altering, erasing, or modifying the content of the Certificate of Eligibility for Quality Inspection Activities in Vocational Education;

c) Fraudulently obtaining or reissuing the Certificate of Eligibility for Quality Inspection Activities in Vocational Education through falsification of documents;

d) Issuance of the Certificate of Eligibility for Quality Inspection Activities in Vocational Education beyond authority;

đ) Being penalized three times within twelve months for administrative violations in the field of quality inspection in vocational education;

e) Being suspended from quality inspection activities in vocational education twice within twelve months or failing to rectify the suspension reasons after the suspension period has ended;

g) Conducting quality inspection activities in vocational education during the suspension period;

h) Being dissolved as a public institution or having its business registration certificate revoked as a business entity conducting inspection activities.

2. Documentation for Revoking the Certificate of Eligibility for Quality Inspection Activities in Vocational Education

a) In the case where an inspection organization requests to terminate quality inspection activities in vocational education, the documentation includes:

- A request to terminate quality inspection activities in vocational education (Model No. 05 stipulated in the Appendix attached to this Decree);

- A copy of the Certificate of Eligibility for Quality Inspection Activities in Vocational Education that has been issued;

- A plan to ensure the legitimate rights and interests of organizations and individuals related to quality inspection activities in vocational education conducted by the inspection organization.

- A report from the Director of the General Department of Vocational Education proposing the Minister of Labor, Invalids, and Social Affairs to revoke the Certificate of Eligibility for Quality Inspection Activities in Vocational Education, specifying the reasons for revocation;

- Evidence leading to the compulsory revocation of the Certificate of Eligibility for Quality Inspection Activities in Vocational Education.

a) In the case where an inspection organization requests to terminate quality inspection activities in vocational education:

- The inspection organization directly submits or sends via postal service one set of documentation requesting termination of quality inspection activities in vocational education to the General Department of Vocational Education;

- Within twenty working days from the date of receiving complete and valid documentation, the General Department of Vocational Education reviews and forwards the matter to the Minister of Labor, Invalids, and Social Affairs for a decision to revoke the Certificate of Eligibility for Quality Inspection Activities in Vocational Education. If the documentation is invalid, within five working days from the date of receipt, the General Department of Vocational Education will issue a written response to the inspection organization requesting termination of quality inspection activities in vocational education, specifying the reasons.

- Within ten working days from the date of receiving the documentation from the General Department of Vocational Education, the Minister of Labor, Invalids, and Social Affairs makes a decision to revoke the Certificate of Eligibility for Quality Inspection Activities in Vocational Education.

b) In the case where the Certificate of Eligibility for Quality Inspection Activities in Vocational Education is compulsorily revoked:

- The General Department of Vocational Education prepares the documentation for revoking the Certificate of Eligibility for Quality Inspection Activities in Vocational Education and forwards it to the Minister of Labor, Invalids, and Social Affairs;

- Within ten working days from the date of receiving the documentation from the General Department of Vocational Education, the Minister of Labor, Invalids, and Social Affairs makes a decision to revoke the Certificate of Eligibility for Quality Inspection Activities in Vocational Education.

4. Within five working days from the issuance of the decision to revoke the Certificate of Eligibility for Quality Inspection Activities in Vocational Education, the General Department of Vocational Education sends a copy of the revocation decision to the Department of Labor, Invalids, and Social Affairs at the location where the inspection organization is headquartered for territorial management. The revocation decision of the Certificate of Eligibility for Quality Inspection Activities in Vocational Education is published on the electronic information website of the Ministry of Labor, Invalids, and Social Affairs and the General Department of Vocational Education. Within five working days from the date of receipt of the revocation decision, the inspection organization is responsible for returning the Certificate of Eligibility for Quality Inspection Activities in Vocational Education to the General Department of Vocational Education.

5. When the Certificate of Eligibility for Quality Inspection Activities in Vocational Education is revoked, all signed quality inspection contracts in vocational education between the inspection organization and vocational education institutions and vocational education activity institutions currently being implemented will be terminated and become void. The inspection organization must ensure the legitimate rights and interests of organizations and individuals related to quality inspection activities in vocational education conducted by the inspection organization.

Section 3

FUNCTIONS, DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF QUALITY INSPECTION ORGANIZATIONS IN VOCATIONAL EDUCATION

Article 11. Functions, Tasks, and Responsibilities of Educational Quality Assurance Organizations for Vocational Education

1. The quality assurance organization has the following functions:

a) Organizing activities to assess and recognize vocational education institutions and training programs that meet the standards of educational quality assurance for vocational education;

b) Issuing and revoking certificates of meeting the standards of educational quality assurance.

2. The quality assurance organization has the following tasks and responsibilities:

a) Publicly announcing the certificate of eligibility for quality assurance activities, the location of the headquarters, the list of quality assurance officers, and the list of members of the Quality Assurance Council for Vocational Education on the electronic information website of the quality assurance organization;

b) Adhering to the criteria, standards, procedures, and cycles of educational quality assurance for vocational education established by the Ministry of Labor, Invalids, and Social Affairs; issuing and revoking certificates of meeting the standards of educational quality assurance as stipulated in Chapter IV of this Decree;

c) Handling complaints from quality assurance officers when vocational education institutions or training programs do not have sufficient conditions to conduct external assessments;

d) Establishing the Quality Assurance Council for Vocational Education in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs;

đ) Providing written documentation about quality assurance officers and quality assurance activities upon request of competent state agencies as prescribed by law;

e) Managing quality assurance officers and staff of the quality assurance organization;

g) From December 1st to December 10th each year, reporting on the status of quality assurance activities for vocational education to the General Department of Vocational Education and Training and the Department of Labor, Invalids, and Social Affairs where the quality assurance organization is headquartered (Form No. 06 as specified in the Appendix attached to this Decree). Reporting shall be conducted both online and in writing;

h) Submitting ad hoc reports as required by the Ministry of Labor, Invalids, and Social Affairs, the General Department of Vocational Education and Training, and the Department of Labor, Invalids, and Social Affairs where the quality assurance organization is headquartered;

i) Fulfilling other tasks and responsibilities as prescribed by law.

Article 12. Rights of Educational Quality Assurance Organizations for Vocational Education

1. Implementing activities as prescribed in Clause 1 of Article 11 of this Decree.

2. In addition to full-time quality assurance officers as prescribed in Clause 4 of Article 4 of this Decree, the quality assurance organization has the right to hire domestic and foreign quality assurance officers and experts to perform quality assurance service contracts for vocational education.

3. Participating in domestic and international professional organizations related to quality assurance for vocational education.

4. Signing contracts to provide quality assurance services for vocational education.

5. Exercise other rights as prescribed by law.

Chapter III

QUALITY STANDARDS, TASKS, AND RIGHTS OF QUALITY ASSURANCE OFFICERS FOR VOCATIONAL EDUCATION; ISSUING, RENEWING, AND REVOKING QUALITY ASSURANCE OFFICER CARDS FOR VOCATIONAL EDUCATION

Article 13. Standards for Quality Assurance Officers for Vocational Education

1. Having good moral character and adequate health to meet job requirements.

2. Holding a bachelor's degree or higher.

3. Having at least five years of experience in management, teaching, research in the field of education, vocational education, or working in industries or trades related to their trained specialty.

4. Completing a quality assurance officer training program organized by the General Department of Vocational Education and Training or by units assigned by the General Department of Vocational Education and Training.

5. Possessing a minimum level 2 proficiency in a foreign language according to the Vietnamese Foreign Language Proficiency Framework issued by the Ministry of Education and Training or equivalent.

6. Meeting the basic standard for using information technology as prescribed by the Ministry of Information and Communications in the Standard for Using Information Technology or equivalent.

Article 14. Duties of Vocational Education Quality Inspectors

1. Safeguard the inspector card; do not allow others to use it or use another person's inspector card; use the inspector card only during vocational education quality inspection activities.

2. Comply with the regulations of the Ministry of Labor - Invalids and Social Affairs for external evaluation team members.

3. Provide personal information to the General Department of Vocational Education when requested or when there is a change.

4. Perform other tasks as prescribed by law.

Article 15. Powers of Vocational Education Quality Inspectors

1. Be entitled to sign contracts with inspection organizations.

2. During the time participating in external evaluation teams, inspectors have the following rights:

a) To be independent in their professional work;

b) Request vocational education institutions or vocational education activity institutions being externally evaluated to provide complete and timely relevant documents and information;

c) Reserve personal opinions;

d) If they find that vocational education institutions or training programs do not meet the conditions to conduct external evaluations as prescribed, report and make recommendations to the inspection organization and the General Department of Vocational Education for handling.

Article 16. Authority to Issue, Reissue, and Revoke Inspector Cards for Vocational Education Quality Inspectors

The Director of the General Department of Vocational Education issues, reissues, and revokes inspector cards.

Article 17. Validity Period of Inspector Cards for Vocational Education Quality Inspectors

1. In cases where new or reissued inspector cards are due to expiration, the validity period of the card is five years from the date of issuance.

2. In cases where inspector cards are reissued due to damage or loss, the validity period of the card is the remaining time of the previously issued inspector card.

Article 18. Issuance of Inspector Cards for Vocational Education Quality Inspectors

1. Individuals who meet the criteria stipulated in Article 13 of this Decree and satisfy the requirements under the regulation on issuing inspector cards of the Ministry of Labor - Invalids and Social Affairs shall be issued an inspector card (Model No. 07 specified in the Appendix attached to this Decree).

a) Application form for an inspector card (Model No. 08 specified in the Appendix attached to this Decree);

b) Four identical color photographs measuring 2 cm x 3 cm taken against a light background, looking straight ahead, bareheaded, without tinted glasses, wearing casual clothes, taken within six months prior to the submission of the application;

c) Copies of certificates and diplomas meeting the requirements stipulated in Clauses 2, 4, 5, and 6 of Article 13 of this Decree;

d) Health certificate issued by a county-level health center or equivalent within six months prior to the submission of the application.

3. In cases where individuals applying for an inspector card do not meet the criteria stipulated in Article 13 of this Decree, the General Department of Vocational Education shall notify in writing within five working days and specify the reasons for not participating in the inspector card issuance assessment.

4. In cases where individuals applying for an inspector card have valid applications and meet the criteria stipulated in Article 13 of this Decree, the General Department of Vocational Education shall organize the inspector card issuance assessment according to the regulation on inspector card issuance assessment issued by the Ministry of Labor - Invalids and Social Affairs. Within fifteen working days from the date of the decision approving the list of individuals who have successfully passed the inspector card issuance assessment, the General Department of Vocational Education shall issue inspector cards to those who have met the requirements and announce them on the department’s electronic information website.

Article 19. Reissuing the Vocational Education Quality Assessment Inspector Card

1. The inspector card shall be reissued in the following cases:

a) Upon expiration;

b) If it is damaged or lost.

2. The inspector card that has expired will not be reissued in the following cases:

a) Three months have passed since the expiration date on the inspector card and the inspector does not request a reissue;

b) During the validity period of the inspector card, the inspector does not participate in activities related to vocational education quality assessment.

a) An application form for reissuing the inspector card (Form No. 09 stipulated in the Appendix attached to this Decree);

b) Four identical color photographs measuring 2 cm x 3 cm taken against a light background, with direct gaze, bare head, without tinted glasses, in regular attire, taken within six months prior to the submission date;

c) A statement of participation in activities related to vocational education quality assessment during the validity period of the inspector card and copies of contracts signed with assessment organizations to conduct external evaluations (if any);

d) The previously issued inspector card that is damaged or has expired.

4. Within fifteen working days from the date of receiving complete and valid documents, the General Department of Vocational Education shall review, verify, and reissue the inspector card. In case the inspector card is not reissued, the General Department of Vocational Education shall notify the individual requesting the reissue within five working days from the date of receipt of the documents, providing the reasons.

Article 20. Revoking the Vocational Education Quality Assessment Inspector Card

1. The inspector card shall be revoked in the following cases:

a) Providing false information to obtain the inspector card;

b) Being deprived of the right to use the inspector card twice within its validity period according to Clause 8, Article 25 of Decree No. 79/2015/NĐ-CP dated September 14, 2015 of the Government on administrative penalties in the field of vocational education.

2. Within fifteen working days from the date of identifying any of the cases specified in Clause 1 of this Article, the General Department of Vocational Education shall issue a decision to revoke the inspector card, notify the assessment organizations, and publish the decision on the General Department of Vocational Education's electronic information website.

3. Immediately upon issuance of the decision to revoke the inspector card, the individual whose card is being revoked shall be responsible for returning the inspector card to the General Department of Vocational Education.

Chapter IV

ISSUANCE AND REVOCATION OF CERTIFICATES OF QUALIFICATION FOR VOCATIONAL EDUCATION QUALITY ASSESSMENT

Article 21. Authority to Issue and Revoke Certificates of Qualification for Vocational Education Quality Assessment

The head of the vocational education quality assessment organization which is a public institution; the general director or director of the vocational education quality assessment organization which is a business enterprise shall issue and revoke certificates of qualification for vocational education quality assessment.

Article 22. Validity Period of the Certificate of Qualification for Vocational Education Quality Assessment

The certificate of qualification for vocational education quality assessment has a validity period of five years from the date of issuance.

Article 23. Issuance of Certificate of Meeting Quality Standards for Vocational Education

1. Recognition of vocational education institutions and training programs meeting quality standards for vocational education

a) Within thirty-five working days from the date of receipt of the external evaluation report from the external evaluation team at the vocational education institution or vocational education activity institution, the Quality Assurance Council of the accreditation organization shall organize the review of the external evaluation results in accordance with regulations issued by the Ministry of Labor, Invalids, and Social Affairs;

b) Within five working days from the date of receiving the review report of the Quality Assurance Council of the vocational education quality assurance, the person directly responsible for the quality assurance activities as stipulated in Article 6 of this Decree shall examine and issue a decision recognizing the results of the external evaluation.

The recognition decision of the external evaluation results clearly states the recognition of the vocational education institution and training program meeting the standards or not meeting the standards for vocational education quality assurance as prescribed by the Ministry of Labor, Invalids, and Social Affairs, including the total score of the evaluation.

2. Accreditation organizations issue the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance

a) Within three working days from the date of issuance of the decision recognizing the vocational education institution meeting the quality standards for vocational education quality assurance, the accreditation organization issues the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance to the recognized vocational education institution (Model No. 10 specified in the Appendix attached to this Decree);

b) Within three working days from the date of issuance of the decision recognizing the training program meeting the quality standards for vocational education quality assurance, the accreditation organization issues the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance to the recognized training program (Model No. 11 specified in the Appendix attached to this Decree).

3. Within ten working days from the date of issuance of the decision recognizing the vocational education institution and training program meeting the standards or not meeting the standards for vocational education quality assurance, the accreditation organization sends copies of the recognition decisions for the vocational education institution and training program meeting the standards or not meeting the standards for vocational education quality assurance, and copies of the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance (if applicable) to the General Department of Vocational Education, the Department of Labor, Invalids, and Social Affairs where the vocational education institution or vocational education activity institution is located, and the Department of Labor, Invalids, and Social Affairs where the accreditation organization is located.

4. The Certificate of Meeting Quality Standards for Vocational Education Quality Assurance is published on the electronic information website of the General Department of Vocational Education, the accreditation organization, and the vocational education institution or vocational education activity institution that has been granted the certificate.

Article 24. Revocation of Certificate of Meeting Quality Standards for Vocational Education Quality Assurance

1. Cases for revocation:

a) If a vocational education institution or vocational education activity institution has its registration certificate for vocational education activities revoked, then all Certificates of Meeting Quality Standards for Vocational Education Quality Assurance and Certificates of Meeting Quality Standards for Training Program Quality Assurance (for training programs included in the revoked registration certificate for vocational education activities) will be revoked;

b) If a vocational education institution is dissolved according to Clause 1, Article 21 of the Law on Vocational Education, all Certificates of Meeting Quality Standards for Vocational Education Quality Assurance previously issued will be revoked;

c) If a vocational education institution fails to submit annual self-assessment reports on the quality of the vocational education institution for two consecutive years as prescribed by the Minister of Labor, Invalids, and Social Affairs, the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance will be revoked;

d) If a vocational education institution or vocational education activity institution fails to submit annual self-assessment reports on the quality of training programs for two consecutive years as prescribed by the Minister of Labor, Invalids, and Social Affairs, the Certificate of Meeting Quality Standards for Training Program Quality Assurance will be revoked;

đ) If the accreditation organization issues the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance in violation of the provisions of this Decree;

e) If there is collusion between the accreditation organization and the vocational education institution or vocational education activity institution to manipulate the external evaluation results to obtain the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance;

g) If there is fraud, forgery, alteration, or tampering with documents to meet the quality standards for vocational education quality assurance;

h) If a vocational education institution or training program does not meet the quality standards for vocational education quality assurance during the validity period of the issued Certificate of Meeting Quality Standards for Vocational Education Quality Assurance.

2. Procedures for revoking the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance:

a) In cases where an organization or individual discovers that a vocational education institution, vocational education activity institution, or accreditation organization violates any of the provisions of Clause 1 of this Article:

Within twenty working days from the date of receipt of the notification from the organization or individual, the General Department of Vocational Education shall conduct an inspection and assessment of the level of violation. Within ten working days from the date of the inspection and assessment results, if it is determined that the Certificate of Meeting Quality Standards for Vocational Education Quality Assurance should be revoked, the General Department of Vocational Education shall request the accreditation organization to revoke the issued Certificate of Meeting Quality Standards for Vocational Education Quality Assurance.

Within ten working days from the date of receipt of the request of the General Department of Vocational Education, the authorized person issuing the Certificate of Meeting Accreditation Standards shall issue a decision to revoke and send a copy of such decision to the General Department of Vocational Education, the Department of Labor - Invalids and Social Affairs where the vocational education institution or the vocational education activity institution that has been issued the Certificate of Meeting Accreditation Standards is located, and the Department of Labor - Invalids and Social Affairs where the accreditation organization is located.

b) In case the accreditation organization discovers that the vocational education institution or the vocational education activity institution which has been accredited commits a violation of any provision stipulated in Clause 1 of this Article:

The accreditation organization shall conduct an inspection and evaluate the level of violation. Within ten working days from the date of obtaining the results of the inspection and evaluation of the level of violation, if it is determined that the Certificate of Meeting Accreditation Standards must be revoked, the authorized person issuing the Certificate of Meeting Accreditation Standards shall issue a decision to revoke and send a copy of such decision to the General Department of Vocational Education, the Department of Labor - Invalids and Social Affairs where the vocational education institution or the vocational education activity institution that has been issued the Certificate of Meeting Accreditation Standards is located, and the Department of Labor - Invalids and Social Affairs where the accreditation organization is located.

c) Within five working days from the date of receipt of the decision to revoke the Certificate of Meeting Accreditation Standards, the vocational education institution or the vocational education activity institution shall be responsible for returning the Certificate of Meeting Accreditation Standards to the accreditation organization.

3. The decision to revoke the Certificate of Meeting Accreditation Standards shall be published on the electronic information website of the accreditation organization, the electronic information website of the General Department of Vocational Education, and the electronic information website of the vocational education institution or the vocational education activity institution whose Certificate of Meeting Accreditation Standards has been revoked.

Chapter V

IMPLEMENTING PROVISIONS

Article 25. Transitional Provisions

1. The Certificate of Meeting Quality Accreditation Standards for Vocational Training issued by the Ministry of Labor - Invalids and Social Affairs to vocational training institutions, and the Certificate of Quality Accreditation for Education issued by quality accreditation organizations to colleges and specialized secondary schools according to the regulations of the Ministry of Education and Training before the effective date of this Decree, shall have equivalent value to the Certificate of Meeting Quality Accreditation Standards for Vocational Education until the expiration date stated on the certificate.

a) Shall be deemed to have completed the quality assurance officer training program for vocational education;

b) Shall be eligible to participate in quality assurance teams for vocational education;

c) Shall be recognized as quality assurance officers when state-owned enterprises or businesses apply for issuance or reissuance of the Certificate of Meeting Conditions for Quality Assurance Activities.

a) Shall be eligible to participate in vocational education quality assurance activities requiring quality assurance officer cards until their cards expire;

b) Shall be granted vocational education quality assurance officer cards if they complete the vocational education quality assurance officer training and development program without having to undergo card issuance assessment according to the card issuance assessment regulation of the Ministry of Labor - Invalids and Social Affairs.

Article 26. Implementation

1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for:

a) To stipulate the regulation on the assessment of quality assurance officer cards, approve plans for developing the quality assurance officer workforce, and annual card issuance plans;

b) To stipulate criteria, standards, procedures, and cycles for vocational education quality assurance, and recognition of meeting quality assurance standards for vocational education;

c) To stipulate the framework for service fees for vocational education quality assurance using state budget funds;

d) To inspect and supervise the implementation of regulations on vocational education quality assurance and handle violations according to this Decree and related legal documents.

2. The General Department of Vocational Education shall be responsible for:

a) Organizing the compilation of training and development programs for vocational education quality assurance, organizing or assigning tasks to units to implement quality assurance officer training and development; issuing a test bank for quality assurance officer card issuance assessments;

b) Inspecting and supervising the implementation of regulations on vocational education quality assurance, handling violations according to this Decree and related legal documents;

c) Implementing other provisions within the responsibility of the General Department of Vocational Education regarding vocational education quality assurance according to this Decree and related legal documents.

3. Provincial People's Committees shall be responsible for:

Directing the Departments of Labor - Invalids and Social Affairs, functional agencies under provincial People's Committees to inspect and supervise the implementation of regulations on vocational education quality assurance and handle violations according to this Decree and related legal documents.

4. The Departments of Labor - Invalids and Social Affairs shall be responsible for:

a) Managing, inspecting, and supervising the implementation of regulations on vocational education quality assurance by accreditation organizations in their jurisdictions and handling violations according to this Decree and related legal documents;

b) Before December 20 each year, reporting to the General Department of Vocational Education on the implementation of regulations on vocational education quality assurance in their jurisdictions through online and written formats.

Article 27. Effective Date

This Decree takes effect from May 15, 2018.

Article 28. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial-level People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.