Circular No. 57/2015/TT-BLDTBXH on the Charter of Vocational Education Centers

CIRCULAR

activities of calibration, verification, testing Independence - freedom - happinessCharter of Vocational Education Centers

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2. For Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and the selection of investors on the National Public Procurement Network, it suspends its effectiveness from August 1, 2022 to September 15, 2022.June 2024;According to the Law on Vocational Education dated June 14, 2005 and the Law Amending Certain Provisions of the Law on Vocational Education dated November 27, 2014;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. Article of the Law on Vocational Education dated November 27, 2014;June 2024;education dated November 25, 2009;

2. For Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and the selection of investors on the National Public Procurement Network, it suspends its effectiveness from August 1, 2022 to September 15, 2022.June 2024;of the Law on Vocational Education;

Pursuant to Decree No. 48/2015/NĐ-CP dated May 15, 2015 of the Government detailing certain provisions of the Law on Vocational Education;No. ononof the Governmental Decree No. 36/2015/NĐ-CP dated April 30, 2015;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social AffairsANNEX I.A[31]Pursuant to the request of the Director General of the Department of Vocational Education;

Implementing Resolution No. 33/NQ-CP dated April 30, 2015 of the Government at its regular meeting in April 2015;Article 24month 2015;by the Prime Minister 2. A private vocational education center operating not for profit is a private vocational education center where the accumulated annual profits are common assets not to be divided, but reinvested for the development of the center; shareholders or capital contributors do not receive dividends or receive annual dividends not exceeding the government bond interest rate.

At the proposal of the Inspector General cThe Director of the General Department of Vocational Training;

The Minister of Labor, Invalids and Social Affairs issues this Circular on the Charter of Vocational Education Centers.June 2024;Article 1. This Charter stipulates the organization and operation of public vocational education centers and private vocational education centers (hereinafter referred to collectively as vocational education centers).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 2. This Charter applies to vocational education centers and organizations and individuals participating in vocational education activities at vocational education centers.

Article 3. Legal status of vocational education centers

Clause 1. A vocational education center is a vocational education institution operating in accordance with this Charter and other relevant laws.

Clause 2. A vocational education center has autonomy and is responsible for its actions in accordance with the law.

Clause 3. A vocational education center has legal personality, its own seal, and separate accounts.

Article 4. Types of vocational education centers

Clause 1. Vocational education centers under this Charter are organized according to the following types:

Point a) Public vocational education centers;

Point b) Private vocational education centers and non-profit private vocational education centers.

Clause 2. Non-profit private vocational education centers are private vocational education centers where accumulated annual profits are common assets not distributed, used for reinvestment in developing the center; shareholders or contributors do not receive dividends or annual dividends do not exceed government bond interest rates.

Clause 3. The direct management agency of public vocational education centers is the agency or organization entrusted with managing vocational education centers in accordance with the law, including: Ministries, agencies equivalent to ministries, central agencies of political-social organizations; Departments, Bureaus, and specialized agencies under provincial People's Committees directly under the Central Government; District, City, and Town People's Committees under provinces.

Article 5. State management of vocational education centers

Clause 1. Vocational education centers are subject to state management in vocational education by the Ministry of Labor, Invalids and Social Affairs; simultaneously, they are subject to territorial management by provincial-level People's Committees (hereinafter referred to collectively as provincial-level People's Committees) where the centers are located.

Article 5. State Management of Vocational Education Centers

1. Vocational education centers are subject to state management in vocational education by the Ministry of Labor, Invalids and Social Affairs; at the same time, they are subject to territorial management by the People's Committee of provinces and centrally-administered cities (hereinafter referred to collectively as provincial People's Committee) where the center is headquartered.

2. Ministries, ministerial-level agencies, governmental agencies, provincial People's Committees shall cooperate with the Ministry of Labor, Invalids and Social Affairs to implement state management over vocational education centers in accordance with this Charter.

2. Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall coordinate with the Ministry of Labor - Invalids and Social Affairs to implement state management over vocational education centers in accordance with the provisions of these Bylaws.

Article 6. Regulations on organization and operation of vocational education centers

1. Based on this Charter, vocational education centers shall establish regulations on their organization and operation that are suitable to the specific conditions of each center, without contravening relevant legal provisions.

2. The regulations on organization and operation of vocational education centers must include the following main contents:

a) Name of the center;

b) Objectives and mission;

c) Tasks and powers of the center;

d) Organization of training activities;

đ) Tasks and rights of teachers and managers;

e) Tasks and rights of students;

g) Organization and management of the center;

h) Relationships between the center and enterprises, families, and society;

i) Finance and assets of the center;

k) Inspection, supervision, commendation, and handling of violations.

3. The regulations on organization and operation of vocational education centers shall be approved by the director and must be publicly announced at the center. Within ten working days from the date of approval of the regulations on organization and operation of the center, the director of the center shall have the responsibility to send one copy of the decision approving the regulations on organization and operation of the center to the direct managing agency of the center, the General Department of Vocational Training, the Ministry of Labor, Invalids and Social Affairs for monitoring and management, and to the Department of Labor, Invalids and Social Affairs where the vocational education center has its headquarters for territorial management.

4. Approval of amended and supplemented regulations on organization and operation The director of the vocational education center decides to approve amendments and supplements to the regulations on organization and operation of the center according to the provisions of Clause 3 of this Article.

Article 7. Tasks, powers, autonomy, and accountability of vocational education centers

1. Vocational education centers perform tasks and powers as prescribed in Article 23 of the Law on Vocational Education and relevant legal provisions.

2. The autonomy of vocational education centers is implemented as prescribed in Article 25 of the Law on Vocational Education and the following specific provisions:

a) Decide on the objectives, mission, strategy, and development plan of the center;

b) Decide on the establishment of organizational structure, development of teaching staff and managerial personnel based on the strategy and planning for the development of the center;

c) Collect and spend financial resources, invest in developing conditions to ensure the quality of training in accordance with the law; decide on tuition fees corresponding to the conditions ensuring the quality of high-quality training programs and regulations on financial autonomy for vocational education centers;

d) Admit students and manage learners; develop training programs; organize the compilation or selection of appropriate textbooks for teaching in line with the training objectives of each program; print certificate forms, manage and issue certificates to learners in accordance with the law;

đ) Organize the implementation of scientific research and technological activities, international cooperation in line with the center's development strategy and plan; ensure the quality of training at the center; select organizations to conduct educational quality assessment and register for assessment;

e) Establish regulations on organization and operation of the center; define functions and tasks of affiliated organizations within the center.

3. Vocational education centers are responsible for reporting to state agencies with competent authority, learners, and society about the following activities:

a) Publicly announce objectives, training programs; conditions to ensure the quality of teaching and learning; tuition fee levels and exemptions/reductions; results of educational quality assessment; the center’s certification system; post-graduation job positions and measures to monitor and supervise training quality;

b) Commit to state management agencies and take responsibility for all activities to fulfill commitments; not allow any individual or organization to exploit the name and facilities of the center to carry out activities contrary to legal provisions and this Charter;

c) Mechanisms for learners, educators, and society to participate in evaluating the quality of training at the center;

d) Report and explain matters related to inspection and supervision upon request of competent authorities.

Chapter II

ORGANIZATION AND MANAGEMENT OF VOCATIONAL EDUCATION CENTERS

Section 1

ORGANIZATION AND MANAGEMENT OF PUBLIC AND PRIVATE VOCATIONAL EDUCATION CENTERS

Article 8. Organizational Structure of Vocational Education Centers

The organizational structure of vocational education centers shall be established in accordance with Clause 2, Article 10 of the Law on Vocational Education.

The establishment and dissolution of organizations under vocational education centers; their organizational structure, tasks, and powers shall be carried out in accordance with the provisions of the law, this Charter, and shall be detailed in the internal regulations and operational rules of the center.

Article 9. Tasks and Powers of the Director of Vocational Education Centers

1. The director of a vocational education center is the person responsible for managing the organization and administrative apparatus of the vocational education center.

2. The tasks and powers of the director of a vocational education center are stipulated in Clause 3, Article 13 of the Law on Vocational Education and certain specific tasks and powers as follows:

a) Developing and approving strategies and development plans for training at the center;

b) Establishing regulations regarding: the number, composition of labor force, job positions, recruitment, management, utilization, and development of teaching staff, managerial personnel, and other employees in accordance with the law;

c) Organizing recruitment, managing, and effectively utilizing teaching staff, managerial personnel, civil servants, and other employees in accordance with the law;

d) Annually organizing evaluations and classifications of teaching staff, managerial personnel, civil servants, and other employees;

đ) Considering advisory opinions from the advisory council before making decisions on issues entrusted to the advisory council for advice;

e) Continuously caring for and improving working, teaching, and learning conditions for managerial personnel, teachers, civil servants, employees, and students;

g) Organizing and directing the creation of a healthy educational environment; ensuring political security and social order within the center;

h) Implementing democratic regulations within the center; implementing state policies and systems for managerial personnel, teachers, civil servants, and students in the center as prescribed by law;

i) Being authorized to decide on measures to implement the tasks and powers of vocational education centers as stipulated in Article 7 of this Charter;

k) Entering into training contracts with students in accordance with the law;

l) Signing cooperation agreements with other vocational education institutions; production, business, and service establishments in training activities or organizational production, business, and services in accordance with the law;

m) Issuing primary certificates and training certificates to students who meet the requirements as prescribed;

n) Deciding on rewards and disciplinary actions for managerial personnel, teachers, civil servants, employees, and students within the scope of authority delegated for management.

Article 10. Procedures for Appointing, Recognizing, and Relieving the Director of Vocational Education Centers

a) When the center has a need to appoint a director, it must submit to the competent authority for approval of the policy, clearly stating the requirements that necessitate the appointment.

b) After obtaining the consent of the competent authority, the center's leadership proposes specific candidates through the following procedures:

- For internal candidates: The leadership team of the center discusses, selects, and proposes a candidate based on the cadre planning or the recommendation of key cadres of the center, potentially recommending one to three individuals for selection.

A meeting of key cadres chaired by the head or deputy head of the center is organized to exchange and discuss the requirements, standards, and conditions for appointment; announce the list of recommended candidates; summarize the curriculum vitae, academic and work history, strengths, weaknesses, and prospects for development of the proposed candidates. The meeting collects opinions on the appointment by secret ballot using Form No. 4 issued together with this Circular (the trust vote serves as a reference and is not the sole basis for appointment). The meeting elects a counting committee consisting of three people who are not among those being voted on. The committee includes a chairperson and two members. The minutes of the count must have signatures of the chairperson and two members.

A joint meeting chaired by the head or deputy head of the center is organized, including the Secretary of the Party Committee (or Secretary of the Branch Committee) and the leadership team of the center to discuss and vote. The proposed candidate must receive the majority support of the meeting participants.

- For external candidates

The organizational cadre agency of the Ministry, ministry-level agency, government-affiliated agency, central agency of a political-social organization, or provincial People's Committee recommends candidates who meet the criteria and conditions for the position.

Representatives of the organizational cadre agency of the Ministry, ministry-level agency, government-affiliated agency, central agency of a political-social organization, or provincial People's Committee work with the party committee and leadership of the unit where the proposed candidate is currently employed to understand and verify the candidate's background and exchange views on the need for appointment with the current employer.

Based on the results of understanding and verifying the candidate's background and the opinion of the current employer, the organizational cadre agency of the Ministry, ministry-level agency, government-affiliated agency, central agency of a political-social organization, or provincial People's Committee seeks the opinion of the party committee of the agency to unify the decision on the appointment of the director; discuss, comment, evaluate, and vote.

The organizational cadre agency of the Ministry, ministry-level agency, government-affiliated agency, central agency of a political-social organization, or provincial People's Committee proposes to the authority with the appropriate jurisdiction to consider and decide on the appointment.

- For the first director of newly established vocational education centers.

Pursuant to the criteria for appointing directors of centers as stipulated in Clause 2, Article 13 of the Vocational Education Law, the organizational cadre agencies under Ministries, agencies equivalent to Ministries, agencies under the Government, central agencies of political-social organizations, and Provincial People's Committees select and propose to the competent authority specified in Clause 4, Article 13 of the Vocational Education Law to consider and decide on the appointment.

c) The application dossier for appointment consists of one set, including:

- For in-house human resources: The proposal requesting the competent authority to decide on the appointment, according to Model No. 1 issued together with this Circular, minutes of the meeting of key cadres,according to Model No. 2 issued together with this Circular; minutes of the joint meeting proposing the appointment,according to Model No. 3 issued together with this Circular; the curriculum vitae of the proposed appointee self-reported according to Model 2a-BNV/2007 issued together with Decision No. 06/2007/QĐ-BNV dated June 18, 2007 of the Ministry of Home Affairs on the issuance of the components of cadres' and civil servants' files and forms for managing cadres' and civil servants' files; declaration of assets and income according to Appendix II issued together with Circular No. 08/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate guiding the implementation of regulations on asset and income transparency and educational certificates and training certificates of the proposed appointee attached; comments and evaluations of the center's leadership collective on the proposed appointee,according to Model No. 5 issued together with this Circular;

comments from the Party committee or local government where the proposed appointee resides. - For human resources from other places or the first director of a newly established center: The proposal requesting the competent authority to decide on the appointment,according to Model No. 6 issued together with this Circular;

d) Within twenty working days from the date of receipt of a complete and valid application dossier for appointment, the Minister, head of a ministry-level agency, head of a government-affiliated agency, head of a central agency of a political-social organization, or the Chairman of the Provincial People's Committee shall issue a decision to appoint the director of the subordinate center.

the curriculum vitae of the proposed appointee self-reported according to Model 2a-BNV/2007 issued together with Decision No. 06/2007/QĐ-BNV dated June 18, 2007 of the Ministry of Home Affairs on the issuance of the components of cadres' and civil servants' files and forms for managing cadres' and civil servants' files; declaration of assets and income according to Appendix II issued together with Circular No. 08/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate guiding the implementation of regulations on asset and income transparency and educational certificates and training certificates of the proposed appointee attached; comments and evaluations of the collective of the organization or unit where the proposed appointee is working,

according to Model No. 7 issued together with this Circular;

comments from the Party committee or local government where the proposed appointee resides.

2. Procedures for recognizing the director of vocational education centers

a) Selection of the director The organization or individuals contributing capital to establish the center or the individual who is the owner of the center shall base on the criteria for the director of vocational education centers stipulated in Clause 2, Article 13 of the Vocational Education Law to select the director and request the Chairman of the Provincial People's Committee to recognize.;

b) The application for recognition consists of one set, including: - A letter from the organization or individuals contributing capital to establish the center or the individual who is the owner of the center requesting the competent authority to recognize,;

according to Model No. 8 issued together with this Circular;

- Minutes of the meeting of the organization or individuals contributing capital to establish the center,

according to Model No. 9 issued together with this Circular;

- The curriculum vitae of the proposed recognized director self-reported according to Model 2a-BNV/2007 issued together with Decision No. 06/2007/QĐ-BNV dated June 18, 2007 of the Ministry of Home Affairs on the issuance of the components of cadres' and civil servants' files and forms for managing cadres' and civil servants' files (with confirmation from the People's Committee of the commune where the person resides) and the educational certificates and training certificates of the proposed recognized director attached.

c) Within twenty working days from the date of receipt of the complete and valid application for recognition of the director of a private vocational education center submitted by the organization or individuals contributing capital to establish the center or the individual who is the owner of the center, the Chairman of the Provincial People's Committee shall issue a decision to recognize the director of the private vocational education center within its jurisdiction.

a) The removal of the director of a center shall be carried out in one of the following cases:

There is a written request from the director to resign; being restricted in civil capacity; health condition not sufficient to perform assigned tasks, requiring more than six months off work for treatment without recovery; currently being pursued for criminal responsibility; using fake diplomas or diplomas not recognized by the competent authority; over three-quarters of the total number of teachers and managers of the center have made written requests for removal or have committed other violations as prescribed in the center's organizational and operational regulations.

b) Procedures for removing the director of a vocational education center

Article 11. Deputy Director of Vocational Education Center

1. The Deputy Director of the Vocational Education Center assists the Director in managing and operating the center's activities.

2. Criteria for appointing and recognizing the Deputy Director of the Vocational Education Center shall be a person with good moral character and health; having management reputation and capability; holding a college degree or higher.

3. Authority to appoint and recognize the Deputy Director of the Vocational Education Center

a) For public vocational education centers

The person authorized to establish the vocational education center has the right to appoint the Deputy Director of the vocational education center upon the Director's recommendation.

b) For private vocational education centers

The Director of the vocational education center has the authority to recognize the Deputy Director of the vocational education center upon the recommendation of the organization, the founders, or the individual owner of the center.

4. Term of appointment, recognition, and removal of the Deputy Director: The term of the Deputy Director follows that of the Director and may be reappointed or recognized again.

5. Duties and powers of the Deputy Director

a) Assist the Director in managing and operating the center's activities; directly responsible for certain areas of work assigned by the Director and handle other tasks delegated by the Director;

b) When handling tasks delegated by the Director, the Deputy Director bears legal responsibility before the law and the Director for the results of the assigned work.

Article 12. Advisory Board

The Advisory Board within the Vocational Education Center is established by the Director to seek opinions from managers, teachers, representatives of organizations inside and outside the center regarding advice on certain necessary tasks related to the implementation of the center's functions and responsibilities. The Advisory Board operates on a case-by-case basis and does not receive remuneration.

The Advisory Board may include members from within the center and external members who are active in fields related to the center's activities.

The establishment, organization, operation, duties, and powers of the Advisory Board are regulated by the Director and must be specifically stipulated in the organizational and operational regulations of the center as provided for in Article 8 of this Charter.

Article 13. Departmental Teams

1. Departmental Teams are organized according to trades or groups of trades being trained. Based on the scale and trade training, the Director decides to establish departmental teams subordinate to the center according to the organizational structure of the center approved in the center's organizational and operational regulations as stipulated in Article 8 of this Charter.

2. The duties of departmental teams subordinate to the center are:

a) Manage teachers, other workers, and students under the departmental team according to the division of labor by the Director;

b) Implement teaching plans, learning plans, and other extracurricular activities according to the annual teaching plan of the center, including: Developing the training program for the trade assigned by the center; organizing the detailed outline of subjects and modules related to ensure consistency and avoid overlap between subjects and modules of the training program; organizing the development of the training program, drafting proposals, compiling teaching materials, and textbooks according to the center's development orientation; organizing research to improve teaching methods and learning methods to enhance training quality; building and implementing examination, testing, and evaluation methods to ensure the standard output of learners according to the published commitment, meeting the needs of the labor market. The development of training programs, textbooks, and teaching materials must comply with the provisions of the Minister of Labor, Invalids, and Social Affairs;

c) Plan and organize the implementation of scientific and technological activities, international cooperation; cooperate with scientific and technological organizations, production and business establishments related to the training trade, and mobilize enterprises' participation in the training process of the departmental team;

d) Develop plans for the development of teaching staff, training trades, and facilities and equipment for training and scientific research, enhancing conditions to ensure training quality; implement experimental activities, scientific research, and application of technology and techniques in the training process;

đ) Manage teachers, workers, and students under their own unit; develop and implement political, ideological, moral, and lifestyle education programs for teachers and workers; have plans to train and upgrade the professional skills of teachers and other workers in the departmental team;

e) Organize the assessment and classification of management staff, teachers, and workers in the departmental team and participate in assessing management staff in the center according to the center's regulations;

g) Manage and use facilities and equipment effectively according to the Director's regulations; propose and develop plans for supplementing and maintaining training equipment;

h) Implement reporting systems as prescribed by the Director.

2. Head and Deputy Head of Departmental Team

a) Each departmental team has a head and may have deputy heads appointed by the Director;

b) The Head of the Departmental Team is responsible for managing and operating the departmental team's activities according to the duties specified in Clause 1 of this Article and according to the division of labor by the Director;

c) The Head of the Departmental Team must hold a college degree or higher relevant to the training trade in the departmental team;

d) The Deputy Head of the Departmental Team assists the Head in managing and operating the departmental team's activities.

d) The head of the departmental team and the deputy head of the departmental team must meet the criteria for primary-level teaching staff, have teaching experience, and management capability. The term of office for the head of the departmental team is five years and may be reappointed, but not more than two consecutive terms. The term of office for the head of the departmental team may align with that of the director and must be specifically stipulated in the organizational and operational regulations of the center. The term of office for the deputy head of the departmental team follows that of the head of the departmental team and may also be reappointed. The age limit for the initial appointment of the head and deputy head of the departmental team at a public vocational education center shall not exceed fifty-five years for males and fifty years for females as of the month when the appointment process is carried out.

The procedures for recommending, appointing, and relieving the head and deputy head of the departmental team are specifically provided in the organizational and operational regulations of the center.

Article 14. Functional Departments

1. Functional departments are responsible for advising and assisting the director in managing, consolidating, proposing opinions, and organizing the implementation of the main activities of the center such as training, administrative, managerial tasks; personnel organization; consolidation, external relations; student management, learner management; financial management, equipment management, and basic construction according to their assigned functions and tasks by the director.

The director decides on the establishment of functional departments based on the organizational structure of the center approved in the organizational and operational regulations of the center.

2. The head of the department must have a college degree or higher and at least two years of management and teaching experience.

3. The deputy head assists the head in managing and directing the activities of the department according to their assigned functions and tasks. The deputy head must have a college degree or higher. The number of deputy heads depends on the assigned functions and tasks and the scale of training at the center, which is specifically stipulated in the organizational and operational regulations of the center.

4. The term of office for the head and deputy head of the department is five years and may be reappointed. The age limit for the initial appointment of the head and deputy head of a public vocational education center shall not exceed fifty-five years for males and fifty years for females as of the month when the appointment process is carried out.

Article 15. Training Service Units; Production, Business, and Service Bases

1. A vocational education center may establish subordinate units to serve its training activities; production, business, and service bases to provide conditions for learners and teachers of the center to practice and intern to enhance their knowledge and skills. The establishment of production, business, and service bases and the organization of production, business, and service activities of the center shall be carried out in accordance with the provisions of the law.

2. The units established under Clause 1 of this Article shall not have the function of organizing training or joint training to issue certificates.

3. The establishment, dissolution, functions, tasks, organizational structure, and operations of the units established under Clause 1 of this Article shall be decided by the director in accordance with current laws and must be specifically stipulated in the organizational and operational regulations of the center.

Article 16. Organizations of the Communist Party of Vietnam, mass organizations, and social organizations

1. The organization of the Communist Party of Vietnam in vocational education centers operates in accordance with the Constitution, laws, and regulations of the Communist Party of Vietnam.

2. Mass organizations and social organizations in vocational education centers operate in accordance with the provisions of the Constitution, laws, the Charter of the organization, and have the responsibility to contribute to achieving the vocational education objectives.

ORGANIZATION AND MANAGEMENT OF PRIVATE VOCATIONAL EDUCATION CENTERS OPERATING FOR NON-PROFIT PURPOSES

Article 17. Private vocational education centers operating for non-profit purposes

1. Private vocational education centers operating for non-profit purposes implement specific provisions set forth in this Section, general provisions applicable to private vocational education centers under this Charter, and related legal provisions.

2. Private vocational education centers operating for non-profit purposes enjoy policies as stipulated in Articles 26 and 27 of the Vocational Education Law and other policies prescribed by law.

3. A vocational education center is determined to be operating for non-profit purposes when it meets the following requirements:

a) The organization or individual being the owner of the invested capital without profit or receiving profit not exceeding the interest rate of government bonds during the same period;

b) The difference between income and expenditure from annual training activities of the center is a consolidated common asset that is not divided, used for developing physical facilities; developing the teaching staff and management team; providing scholarships to students and using for other community service purposes;

c) Commitment to operate for non-profit purposes in writing with the People's Committee of the province where the vocational education center is headquartered. The commitment is publicly announced according to the contents specified in Points a and b of this Clause.

4. The basis for evaluating whether a private vocational education center complies with its commitment to operate for non-profit purposes is the annual financial report and periodic audit report.

5. If a private vocational education center that has committed to operate for non-profit purposes does not comply with or fails to comply with the provisions of Clause 3 of this Article, it will lose the right to benefit from preferential policies for private vocational education centers operating for non-profit purposes; must return state financial support and be subject to back taxes as prescribed for private vocational education centers operating for non-profit purposes.

6. Documents and procedures for recognizing private vocational education centers operating for non-profit purposes

a) For newly established private vocational education centers, in addition to the establishment application documents as prescribed, private vocational education centers operating for non-profit purposes need to supplement:

- Evidence of the first consolidated common asset of the center (if any);

- Commitment documents of organizations and individuals who are capital contributors to establish the center (if any) regarding receiving profit as stipulated in Point a Clause 3 of this Article and commitment documents on the use of the financial surplus between income and expenditure of the center as stipulated in Point b Clause 3 of this Article.

b) For private vocational education centers transitioning to operate for non-profit purposes, the documents include:

||| - A report proposing the transition to non-profit activities, specifying the objectives and purposes of non-profit operations; the contributed capital and undivided joint property of the center; a commitment to the use of financial surplus between income and expenditure of the center as stipulated in Point b Clause 3 Article this.

||| - Minutes of the meeting of contributing members establishing the center on the approval of the private vocational education center's transition to non-profit activities. These minutes must be agreed upon by representatives holding at least 75% of the total contributed capital, unless the center's organizational and operational regulations provide for a higher ratio.

||| - Commitment documents from organizations and individuals who are the owners of the invested capital, implemented according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article.

||| - Draft regulations on organization and operation; internal financial regulations of the center and evidence related to the registered capital of the center.

7. Procedures and authority for approving the establishment or recognition of private vocational education centers operating for non-profit purposes:

||| Within thirty working days from the date of receiving complete and valid documents, the Chairman of the People's Committee of the province where the vocational education center is headquartered shall organize the examination of the documents in accordance with the provisions of this Article and decide to permit the establishment or recognition of a private vocational education center operating on a non-profit basis.

Article 18. General Assembly of the private vocational education center operating for non-profit purposes

1. The General Assembly includes the following components:

a) Capital contributors;

b) Management staff and teachers of the center. In cases where the total number of management staff and teachers exceeds 20 people, representatives may be elected to attend the General Assembly, with the number of representatives not less than 75% of the total number of management staff and teachers of the center.

2. The General Assembly has the following rights and responsibilities:

a) To provide opinions on the training direction, international cooperation, development of conditions to ensure teaching and learning quality proposed by the center’s director; the organizational and operational charter of the center; internal financial regulations of the center;

b) To perform other rights and responsibilities as prescribed in the organizational and operational charter of the center.

3. The General Assembly convenes annually within the first four months of the fiscal year; all costs for convening and organizing the General Assembly are included in the center’s operating budget.

4. Conditions for convening the General Assembly

a) The meeting of the General Assembly is considered valid if at least 75% of the representatives specified in Article 1 of this provision attend the meeting;

b) The convocation of the General Assembly must be carried out in the form of a written invitation to attend; the invitation to attend must be accompanied by a draft agenda, content of the meeting, and related documents, and must be sent to capital contributors and units within the center.

5. The content of the General Assembly meetings must be fully recorded in the minutes of the meeting and approved immediately at the meeting, signed by the chairperson and secretary of the meeting for archiving. Resolutions of the General Assembly must be passed through voting or secret ballot at the meeting and must be sent to units within the center and capital contributors within 15 days from the date of approval.

6. Resolutions of the General Assembly passed at the meeting take effect when at least 65% of the attending members approve; attending members have equal voting rights.

7. The election of representatives of management staff and teachers to attend the General Assembly and other specific provisions about the General Assembly are regulated in the organizational and operational charter of the center.

Chapter III

||| TRAINING ACTIVITIES AND INTERNATIONAL COOPERATION

Section 1

EDUCATION ACTIVITIES

||| Article 19. Trades Trained

||| The vocational education center trains trades at the basic level and regular training programs specified in Points a, b, c, and d Clause 1 Article 40 of the Vocational Education Law based on labor market demands. Annually, based on the demand for direct workforce training for production, business, and services in the labor market, the vocational education center promptly adjusts the scale and trades trained.

||| Article 20. Training Programs and Textbooks

||| 1. Based on the minimum knowledge volume requirements and the capabilities that students should achieve upon graduation for the basic level; the procedures for developing, reviewing, and promulgating basic-level training programs by the Minister of Labor, Invalids, and Social Affairs, the vocational education center organizes the compilation or selection and approval of basic-level training programs for its own use.

||| 2. The vocational education center organizes the compilation or selection and approval of general vocational training programs and regular training programs as specified in Points a, b, c, and d Clause 1 Article 40 of the Vocational Education Law for its own use.

||| 3. The vocational education center must regularly evaluate, update, and supplement training programs and textbooks to align with production techniques and service technologies.

||| 4. The vocational education center organizes the compilation or selection of textbooks; approves textbooks to be used as teaching and learning materials. Training textbooks must specify the content and skills required for each module and subject in the training program, facilitating active teaching methods.

||| Article 21. Admissions

||| 1. The vocational education center develops an annual admissions plan based on the direct workforce needs for production, business, and services in the industry and locality, and the center's training capacity.

||| 2. The vocational education center conducts admissions in accordance with the Admissions Regulations for Training issued by the Minister of Labor, Invalids, and Social Affairs.

Article 22. Organization and management of training at the center

1. The vocational education center organizes and manages training in accordance with the provisions of Article 37 of the Vocational Education Law; organizes training for trades at locations meeting the conditions and having been granted the certificate of registration for vocational education activities by the competent authority at the primary level.

2. The organization and management of the training process for joint training programs with foreign countries shall be carried out in accordance with the current regulations of Vietnam on cooperation and investment with foreign countries in the field of vocational education.

Article 23. Inspection and Evaluation

1. The vocational education center implements inspection, evaluation of learning outcomes, discipline, and self-cultivation of learners in accordance with the Regulations on Inspection, Examination, and Graduation Recognition issued by the Minister of Labor, Invalids, and Social Affairs.

2. The results of vocational training of secondary school students and high school students at the vocational education center shall be transferred to the general education schools to serve as a basis for evaluating students in accordance with the regulations.

Article 24. Issuance and Management of Primary Certificates and Training Certificates

The vocational education center implements the issuance and management of primary certificates and training certificates in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

Article 25. Accreditation and Quality Assurance in Training

1. The vocational education center performs tasks and powers related to quality assurance work in accordance with the provisions of Articles 67 and 69 of the Vocational Education Law.

2. The vocational education center has the responsibility to implement accreditation and ensure quality in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

Section 2

INTERNATIONAL COOPERATION

Article 26. Tasks and Powers of the Vocational Education Center in International Cooperation Activities

1. Implement forms of international cooperation in vocational education in accordance with the provisions of Article 47 of the Vocational Education Law.

2. Develop and implement short-term, medium-term, and long-term international cooperation strategies, plans, and programs of the center in line with the objectives of international cooperation activities stipulated in Article 46 of the Vocational Education Law and the State's policies on international integration in vocational education.

3. Organize effective management and implementation of international cooperation programs and projects within its authority.

4. Conduct negotiations and sign cooperation agreements with foreign partners in accordance with the law.

5. Establish databases and information systems on international cooperation activities.

Article 27. Management of International Cooperation Activities

1. Assign tasks to units under the center to act as focal points for organizing and implementing international cooperation tasks of the center.

2. Develop and issue regulations on the management of international cooperation activities of the center in accordance with this Charter and other relevant legal documents.

3. Organize practical and effective international cooperation activities; conduct inspections, evaluations, and summaries of the implementation of international cooperation activities of the center.

4. Coordinate with relevant agencies to ensure security, order, and social safety in international cooperation activities.

Chapter IV

TEACHERS, STAFF, AND WORKERS

Article 28. Standards and Qualifications of Teachers in Vocational Education Centers

1. Teachers in vocational education centers must meet the following standards:

a) Possess good moral character and ethics;

b) Achieve the required qualifications in their specialized field and professional training as stipulated in Clause 2 of this Article;

c) Have sufficient health to meet occupational requirements;

d) Have a clear record.

2. Required qualifications for teachers

a) Teachers teaching at the primary level must have a diploma from a college or higher, or a vocational skills certificate to teach at the primary level;

b) Teachers teaching at the primary level as specified in Point a of this Clause, if they do not have a diploma from a teacher college, technical teacher college, bachelor's degree in education, or bachelor's degree in technical education, must have a teaching profession certificate.

Article 29. Teachers in Vocational Education Centers

1. The titles of teachers in vocational education centers are prescribed in Article 53 of the Law on Vocational Education.

2. The Ministry of Labor - Invalids and Social Affairs and the Ministry of Home Affairs shall issue regulations on the standards for teacher positions in vocational education centers as a basis for recruitment, implementation of working conditions, training, upgrading qualifications, and other policies according to the law.

Article 30. Duties and Rights of Teachers

Teachers in vocational education centers perform duties and rights as prescribed in Article 55 of the Law on Vocational Education and the specific duties and rights listed below:

1. Adhere to the rules, internal regulations, and provisions of the center.

2. Implement the working conditions regulations for teacher positions issued by the Minister of Labor - Invalids and Social Affairs.

3. Be assigned to teach in the specialized field in which they were trained; select teaching methods and tools to enhance personal capabilities, improve the quality and effectiveness of training; be provided with equipment, tools, and working conditions to fulfill tasks as prescribed by law; be supplied with information related to assigned duties and authority.

4. Enjoy salaries, allowances, subsidies, and other policies as prescribed by law; teachers in public vocational education centers working in areas with particularly difficult economic and social conditions shall enjoy allowances and preferential policies as prescribed by the Government.

5. Receive training and upgrading in professional knowledge, skills, and teaching methods according to the center's plan and conditions; participate in management and supervision activities of the center; participate in Party work, mass organizations, and social activities as prescribed by law.

6. Protect their honor and dignity. Participate in discussions and provide opinions on development strategies, training programs, curricula, teaching contents and methods, organizational management of the center; enjoy summer vacation, semester break, Tet holiday, public holidays, weekly rest days, and other rest days as prescribed by law. Attend meetings established by the center when these meetings address issues related to students in their assigned classes.

7. Contract to lecture at other vocational education institutions or educational institutions, but must ensure completion of tasks prescribed in Article 57 of the Law on Vocational Education.

8. Enjoy policies prescribed in Article 58 of the Law on Vocational Education and other benefits as prescribed by law.

9. Teachers participating in scientific and technological activities enjoy rights as prescribed in the Law on Science and Technology; teachers engaged in management in vocational education centers who also teach shall enjoy teacher benefits as prescribed by law and lawful regulations of the center.

10. Participate in managing students and contribute responsibly to the community.

11. Be subject to the center's supervision on teaching content, quality, methods, and scientific research.

13. Complete other tasks assigned by the center, department, or subject group.

Article 31. Duties and powers of management staff and workers

Management staff and workers performing management and service work at vocational education centers shall strictly fulfill their assigned tasks and responsibilities; they shall enjoy benefits as prescribed by law and in their employment contracts.

Article 32. Recruitment of teachers and management staff and workers

1. Teachers and management staff and workers performing management, teaching, and service work at public vocational education centers shall be recruited in accordance with the laws on civil servants and labor.

2. Teachers and management staff and workers performing management, teaching, and service work at private vocational education centers shall be recruited in accordance with the labor law.

Chapter V

STUDENTS

Article 33. Students

1. Students at vocational education centers as defined in Article 59 of the Vocational Education Law include: students of the basic training program; trainees of the regular training programs specified in Points a, b, c, and d Clause 1 Article 40 of the Vocational Education Law.

2. Students who wish to study under the training programs specified in Points a, b, c, and d Clause 1 Article 40 of the Vocational Education Law and meet the conditions prescribed by law may enter into training contracts with the director of vocational education centers.

Article 34. Duties and rights of students

Students have duties and rights as prescribed in Article 60 of the Vocational Education Law and the following specific duties and rights:

1. Implement the regulations and internal rules of the center; lead a civilized and healthy lifestyle; participate in building, protecting, and promoting the traditions of the center; comply with state laws.

2. Pay tuition fees and miscellaneous fees as prescribed.

3. Participate in labor and social activities, social organizations within the center.

4. Be eligible for shortened or extended program duration, repeating grades; retain academic results according to the provisions of the law.

5. Receive vocational education certificates corresponding to their level and training programs as prescribed.

6. Use the center's equipment and facilities for learning, practice, and internship, and cultural, sports activities. Ensure safety and hygiene conditions during learning, practice, and internship as prescribed by law.

7. Directly or through legitimate representatives of student groups, make suggestions to the center regarding measures to contribute to its development and protect their legitimate rights and interests.

8. Protect the center's property and production facilities where practice and internship take place.

9. Adhere to safety and hygiene regulations.

10. Fulfill temporary work obligations as prescribed by law.

11. Study and train according to the training objectives or training contracts concluded with the center.

12. Enjoy policies for students as prescribed by law.

13. Choose suitable training programs, forms, and locations based on their own abilities and conditions and those of the center; be provided opportunities to switch programs, forms, and locations if they express a desire and are accepted by the new location.

Chapter VI

ASSETS AND FINANCES

Article 35. Management and Use of Assets

1. Public vocational education centers shall manage and use assets in accordance with the provisions of the law regarding land, buildings, construction works, production facilities, business, service bases, equipment, assets transferred by the State, and other assets invested in, purchased, constructed, received as gifts, donations, grants, or aid to ensure the activities of the center's training programs.

2. Private vocational education centers shall manage and use assets in accordance with the provisions of the law regarding state-owned land and assets transferred or leased by the state, and other assets owned by investors to ensure the activities of the center's training programs.

3. All members within the center shall be responsible for maintaining and protecting the center's assets.

4. Annually, vocational education centers must organize asset inventory and re-evaluate the value of the center's assets and implement reporting systems as prescribed by law. Adhere fully to financial, accounting, auditing, tax, statistical, and periodic reporting systems; disclose finances in accordance with the provisions of the law.

Article 36. Sources of Finance

1. Sources of finance for public vocational education centers

a) Budget funds from the state budget, including:

- Regular operating expenses;

- Funds for implementing other tasks assigned by the state;

- Funds for implementing training programs, teacher and management cadre training and development;

- Funds for implementing national target programs;

- Capital investment for basic construction projects and equipment procurement for training activities according to approved annual plans;

- Counterpart funds for implementing approved projects;

- Other funds.

b) Revenue from the center's public service activities, including:

- Tuition fees and admission fees paid by students;

- Income from cooperative training, scientific, technological, production, business, service activities, and other public service activities;

- Profits from joint venture and partnership activities, bank deposit interest.

c) Aid, grants, gifts, and donations;

d) Other lawful sources of revenue.

2. Revenue sources for private vocational education centers

a) Tuition fees and admission fees;

b) Income from cooperative training, scientific, technological, production, business, service activities in accordance with the law;

c) Profits from joint venture and partnership activities; bank deposit interest, bonds;

d) Budget funds from the state budget (if applicable), including:

- Funds for implementing training tasks ordered by the state;

- Funds for implementing national target programs;

- Funds for implementing teacher and management cadre training and development programs;

- Interest rate subsidies and other grants;

- Other funds.

e) Other sources: grants, aid, gifts, and donations from domestic and foreign organizations and individuals.

Article 37. Content of Expenditure

1. Regular expenditures, including:

a) Expenditure on training activities in accordance with assigned functions and tasks;

b) Expenditure on the center's production, business, and service activities, including expenditure to fulfill obligations to pay state budget contributions, depreciation of fixed assets, capital repayment, and loan interest payments as prescribed by law.

2. Irregular expenditures, including:

a) Expenditure on implementing target programs;

b) Expenditure on implementing training tasks ordered by the state;

c) Expenditure on implementing teacher and management cadre training and development programs;

d) Counterpart expenditure for implementing projects with foreign capital sources as prescribed;

đ) Expenditure on implementing urgent tasks assigned by competent authorities;

e) Investment expenditure on physical infrastructure construction, asset and equipment procurement; expenditure on implementing other investment projects as prescribed by the state;

g) Expenditure on joint venture and partnership activities;

h) Other expenditures as stipulated by law.

Chapter VII

RELATIONSHIP BETWEEN THE CENTER AND ENTERPRISES, FAMILIES, AND SOCIETY

Article 38. Relations between the center and enterprises

The vocational education center has the responsibility to proactively coordinate closely with enterprises in training activities, including:

1. Building and organizing the implementation of training plans to meet the direct production technical workforce needs of enterprises and the labor market.

2. Inviting representatives of related enterprises to participate in building the training programs and curricula of the center; participating in teaching, guiding occupational internships, and evaluating students' learning outcomes.

3. Coordinating with enterprises to organize visits and internships for teachers and students at enterprises, linking teaching and learning with practical production and services.

4. Cooperating with enterprises to train and enhance the occupational skills of enterprise workers when needed.

5. Cooperating with enterprises in research, production, application, and technology transfer activities.

Article 39. Relations between the center and the families of students

1. The center has the responsibility to publicly announce the plan, enrollment quotas, admission standards, and policies and benefits for students annually.

2. The center actively coordinates with the families of students to effectively carry out educational work aimed at developing the comprehensive personality of students.

Article 40. Relations between the center and society

1. The center implements collaboration with production facilities, scientific research institutions, technology and engineering centers, and other training facilities to create favorable conditions for teachers and students to visit, intern, and practice production, apply technology, thereby linking teaching and learning with actual production.

2. The center regularly coordinates with relevant functional agencies of ministries, sectors, and localities, as well as production and business establishments to determine training needs, link training with employment and the labor market.

3. The center coordinates with cultural, artistic, and sports facilities to provide opportunities for students to participate in cultural exchange, artistic, and sports activities.

4. The center collaborates with local authorities, political-social organizations, social organizations, and occupational associations to build a healthy educational environment.

Article 41. Relations between the center and general education schools and vocational education facilities

1. The vocational education center coordinates with junior high schools, high schools, and multi-grade general education schools in implementing general vocational training content and career counseling.

2. Dispatching teachers to teach at local junior high schools, high schools, and multi-grade general education schools to effectively implement the general vocational training program and career counseling.

3. Coordinating and collaborating with continuing education centers and vocational education facilities to organize training activities as stipulated in Clause 1 of Article 7 of this Charter.

Chapter VIII

IMPLEMENTATION

Article 42. Responsibilities of vocational education centers

Organizing the implementation of the Charter; improving the organizational structure, reviewing all aspects of operations, teacher and management staff regulations to comply with the provisions of this Charter; amending, supplementing, or formulating and promulgating internal regulations on organization and operation and other internal rules of the center in accordance with the provisions of this Charter.

Article 43. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Guide the implementation of this Charter within the national vocational education center system; conduct annual statistics and build a database on vocational education centers.

2. Carry out inspections and audits of the implementation of the vocational education center charter, handle violations according to the provisions of the law; revoke or recommend revocation of decisions contrary to the provisions of this charter and the law on vocational education.

Article 44. Responsibilities of the direct management agency of vocational education centers

1. Direct the implementation of the vocational education center charter for subordinate vocational education centers.

2. Coordinate with the Ministry of Labor, Invalids and Social Affairs in managing subordinate vocational education centers; resolve difficulties and obstacles according to the provisions of the law.

3. Conduct administrative inspections and handle violations of this charter for subordinate vocational education centers according to the provisions of the law.

Article 45. Responsibilities of the People's Committee of the province

1. Direct or coordinate with the Ministry of Labor, Invalids and Social Affairs to implement the vocational education center charter for public vocational education centers under the province and private vocational education centers within the locality.

2. Coordinate with the Ministry of Labor, Invalids and Social Affairs in managing vocational education centers located within the locality; resolve difficulties and obstacles according to the provisions of the law.

3. Inspect and audit the implementation of this charter within their authority and according to the current management delegation system; handle violations of vocational education centers within the locality according to the provisions of the law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 46. Effective Date

1. This Circular takes effect from February 10, 2015.

2. Repeal Decision No. 13/2007/QĐ-BLĐTBXH dated July 14, 2007 of the Minister of Labor, Invalids and Social Affairs promulgating the model charter for vocational training centers.

The provisions on conditions, procedures, and formalities for appointing, recognizing, reappointing, and rerecognizing directors of vocational training centers stipulated in Clause 6, Article 3, Article 5, and the provisions on procedures, files, and authorities for appointing, recognizing, reappointing, and rerecognizing directors of vocational training centers stipulated in Chapter III of Circular No. 42/2010/TT-BLĐTBXH dated December 31, 2010 of the Minister of Labor, Invalids and Social Affairs on the appointment, recognition, reappointment, and rerecognition of principals of vocational college and intermediate vocational schools and directors of vocational training centers shall cease to be effective from the date this Circular takes effect.

3. In the course of implementation, if there are any difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for guidance.