Decree No. 70/2009/ND-CP on State Management Responsibilities for Vocational Training

DECREE

Regulations on state management of vocational training

 _____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to the Vocational Training Law dated November 29, 2006;

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

DECREE:

Article 1. Scope of Regulation

This Decree provides detailed guidance for implementing Article 84 of the Vocational Training Law regarding the responsibilities of state management of vocational training.

Article 2. Applicability

This Decree applies to Ministries, ministerial-level agencies, and agencies under the Government (hereinafter referred to collectively as Ministries), People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as Provincial People's Committees), People's Committees of districts, towns, and cities under provinces (hereinafter referred to collectively as District People's Committees), and People's Committees of communes, wards, and towns (hereinafter referred to collectively as Commune People's Committees).

Article 3. Principles for defining state management responsibilities for vocational training

1. Ensuring unity and enhancing the effectiveness and efficiency of state management of vocational training.

2. The decentralization of state management of vocational training must ensure that tasks, authorities, responsibilities, financial resources, human resources, and necessary conditions correspond to the assigned tasks.

3. Clearly define the tasks, authorities, and responsibilities of Ministries and People's Committees at all levels concerning vocational training, while ensuring the initiative, creativity, autonomy, and accountability of vocational training management agencies at all levels in making decisions and implementing assigned tasks.

Article 4. Responsibilities of the Ministry of Labor, Invalids and Social Affairs for State Management of Vocational Training

The Ministry of Labor, Invalids and Social Affairs is the central agency responsible for state management of vocational training, accountable to the Government for implementing state management of vocational training as prescribed by the Vocational Training Law, with specific responsibilities as follows:

1. Taking the lead and coordinating with relevant ministries, sectors, and agencies to draft and submit to the Government for consideration and decision:

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

b) Issuing decrees of the Government.

2. Taking the lead and coordinating with relevant ministries, sectors, and agencies to draft and submit to the Prime Minister for consideration and decision:

a) Decisions of the Prime Minister on vocational training according to annual legislative programs approved;

b) Strategies, plans, long-term, five-year, and annual plans for vocational training; national target programs, projects, and proposals for developing vocational training.

3. Issuing circulars specifying standards, technical regulations, economic and technical norms, and professional guidance within the field of vocational training.

4. Directing, guiding, inspecting, evaluating, and being responsible for organizing the implementation of legal regulatory documents, policies, strategies, plans, national target programs, and projects on vocational training after approval.

5. Organizing the development, review, and issuance of framework curricula for higher vocational college and intermediate vocational college levels for each training profession; lists of training professions at various levels.

6. Specifying concrete conditions for establishment; procedures for establishment, merger, division, cessation of operations, dissolution of vocational training institutions; registration of vocational training activities. Implementing the registration of higher vocational college level training activities.

7. Issuing model charters for higher vocational colleges and intermediate vocational colleges; model rules for vocational training centers; rules for admissions, examinations, graduation certification; rules for issuing diplomas and certificates.

8. Specifying professional standards for vocational training teachers; standards for heads of vocational training institutions; rules for assessing vocational training staff; provisions on recruitment content and forms for vocational training staff. Guiding and directing the planning, training, upgrading, and utilization of vocational training teachers and managers.

9. Issuing rules on student and trainee work; rules for assessing the results of discipline training for students and trainees. Guiding and inspecting preventive measures against criminal offenses and social evils, and building a healthy educational environment in vocational training institutions; ideological, moral, lifestyle, cultural, aesthetic education for students and trainees; physical education and health care work in vocational training institutions; cultural, artistic, sports movements among students and trainees.

10. Specifying infrastructure standards for higher vocational colleges, intermediate vocational colleges, and vocational training centers, and equipment standards for vocational training according to each profession.

11. Specifying quality assurance standards for vocational training; recognizing, issuing, and revoking certificates of meeting quality assurance standards for vocational training; managing and organizing the implementation of quality assurance for vocational training.

12. Specifying principles, procedures, and organizing the direction of establishing national occupational skill standards; agreeing with ministries on issuing national occupational skill standards for each profession; taking the lead and coordinating with ministries to organize the direction of conducting occupational skill assessments for workers; managing the assessment and issuance of national occupational skill certificates.

13. Specifying rankings for public vocational training institutions; procedures for appointing and recognizing principals of higher vocational colleges and intermediate vocational colleges and directors of vocational training centers.

14. Deciding on the establishment of public higher vocational colleges; permitting the establishment of private higher vocational colleges; approving charters, recognizing boards of directors, and principals of private higher vocational colleges.

15. Guiding and inspecting the activities of associations and non-governmental organizations in the field of vocational training in accordance with the law.

16. Implementing statistical work, information dissemination, and building databases on vocational training.

17. Directing and implementing research, popularization, and application of science and technology in the field of vocational training.

18. Organizing and managing international cooperation in vocational training.

19. Inspecting compliance with laws on vocational training; resolving complaints and handling violations of laws on vocational training in accordance with the law.

Article 5. State Management Responsibilities for Vocational Training of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Ministries shall be responsible for performing state management tasks and authorities as prescribed in the Government Decree on the functions, powers, and organizational structure of Ministries, while coordinating with the Ministry of Labor, War Invalids, and Social Affairs to ensure unified state management over vocational training.

2. Ministries with affiliated vocational training institutions shall be responsible for:

a) Developing and implementing long-term, five-year, and annual strategies, plans for vocational training within their ministries in accordance with national vocational training development strategies, plans, and programs;

b) Coordinating with the Ministry of Labor, War Invalids, and Social Affairs to develop framework programs for higher vocational college levels and intermediate vocational college levels for each profession under their respective areas of management;

c) Deciding on the establishment, suspension of operations, merger, division, separation, dissolution of vocational training centers and public intermediate vocational colleges under their jurisdiction according to laws on vocational training and guidance documents from the Ministry of Labor, War Invalids, and Social Affairs;

d) Approving the Statutes of vocational colleges and intermediate vocational colleges and Regulations on organization and operation of public vocational training centers under their jurisdiction following guidelines from the Ministry of Labor, War Invalids, and Social Affairs;

đ) Taking the lead and coordinating with relevant agencies and occupational associations to organize the development and promulgation of national skill standards for each profession under their respective areas of state management after obtaining agreement documents from the Ministry of Labor, War Invalids, and Social Affairs;

e) Recognizing the ranking of vocational colleges, intermediate vocational colleges, and public vocational training centers under their jurisdiction; appointing, reappointing, relieving, and dismissing the Principals of vocational colleges and intermediate vocational colleges, and Directors of public vocational training centers under their jurisdiction according to regulations of the Ministry of Labor, War Invalids, and Social Affairs;

g) Organizing lectures for vocational teachers, competitions for self-made equipment, and student excellence contests at the ministry level. Implementing management of public vocational training institutions under their jurisdiction regarding organization, staffing, personnel, finance, assets, and infrastructure according to legal provisions; ensuring teaching and learning conditions and other activities of affiliated vocational training institutions;

h) Directing and guiding public vocational training institutions under their jurisdiction to comply with legal provisions on vocational training;

i) Conducting statistical work and information dissemination on the organizational activities of vocational training within their ministries and reporting regularly on vocational training to the Ministry of Labor, War Invalids, and Social Affairs;

k) Implementing international cooperation on vocational training within their authority;

l) Carrying out inspection work on the implementation of policies, laws, and tasks related to vocational training for public vocational training institutions under their jurisdiction; handling violations and resolving complaints and denunciations against affiliated vocational training institutions according to legal provisions.

3. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Labor, War Invalids, and Social Affairs and relevant agencies to compile five-year and annual plans for national vocational training development and incorporate them into the overall national socio-economic development plan for submission to the Prime Minister for approval.

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, War Invalids, and Social Affairs to guide relevant ministries, provincial People's Committees in preparing, allocating, and organizing the implementation of state budget estimates for vocational training; establishing financial expenditure systems for vocational training activities; conducting financial audits and inspections in the field of vocational training according to the State Budget Law and guiding documents; guiding financial autonomy mechanisms for vocational training institutions; mechanisms for managing and using tuition fees and other lawful revenues of vocational training institutions according to legal provisions.

Article 6. Responsibilities of the Provincial People's Committee for State Management of Vocational Training

The Provincial People's Committee shall be responsible for the development of vocational training in the province, performing state management functions for vocational training within its jurisdiction, and shall have the following responsibilities:

1. Developing long-term, five-year, and annual plans for vocational training; programs and projects for developing vocational training in the province to be submitted to the Provincial People's Council for approval; ensuring financial conditions, staffing for vocational teachers, infrastructure, and technical facilities for public vocational training institutions in the province.

2. Deciding on the establishment of provincial public vocational colleges and centers, and permitting the establishment of private vocational colleges and centers within the province; suspending operations, merging, dividing, consolidating, or dissolving provincial public and private vocational colleges and centers according to regulations of the Ministry of Labor, War Invalids, and Social Affairs.

3. Approving the Charter of provincial public vocational colleges, the Charter of vocational colleges, and the Regulations on organization and operation of provincial public vocational training centers and private vocational centers within the province according to guidelines from the Ministry of Labor, War Invalids, and Social Affairs; managing and inspecting the implementation of admission regulations, examination rules, graduation certification, and issuance of vocational certificates according to legal provisions.

4. Managing and inspecting the implementation of teacher and management staff standards for vocational training; guiding and directing the planning, training, upgrading, and utilization of management and teaching staff for vocational training in the province according to regulations of the Ministry of Labor, War Invalids, and Social Affairs.

5. Recognizing the ranking of provincial public vocational colleges, vocational colleges, and vocational training centers; appointing, reappointing, removing, and dismissing principals of vocational colleges and directors of provincial public vocational training centers directly under their jurisdiction, and recognizing principals and boards of governors of private vocational colleges and directors of private vocational training centers according to regulations of the Ministry of Labor, War Invalids, and Social Affairs.

6. Guiding and directing subordinate vocational training institutions to implement legal provisions regarding vocational training.

7. Guiding and directing provincial public vocational training institutions in planning staffing and implementing staffing norms according to guidelines from the Ministry of Home Affairs and the Ministry of Labor, War Invalids, and Social Affairs; inspecting the implementation of self-management mechanisms, financial responsibility, organizational structure, and staffing for vocational training institutions.

8. Implementing policies to socialize vocational training activities.

9. Conducting statistical work and information dissemination about vocational training activities and reporting regularly on vocational training to the Ministry of Labor, War Invalids, and Social Affairs and the Provincial People's Council.

10. Implementing international cooperation in vocational training according to authority.

11. Submitting to the Provincial People's Council for decision on the budget estimate, allocation, and settlement of vocational training funds according to the State Budget Law and related guiding documents.

12. Inspecting and supervising the implementation of laws on vocational training at the local level according to legal provisions.

13. Resolving complaints and handling violations in vocational training according to legal provisions.

Article 7. State Management Responsibilities for Vocational Training of the Department of Labor, Invalids and Social Affairs

The Department of Labor, Invalids and Social Affairs shall be responsible for assisting the People's Committee at the provincial level in performing state management functions regarding vocational training within its province, including the following responsibilities:

1. Developing and submitting to the People's Committee at the provincial level strategies, plans, long-term, five-year, and annual plans on vocational training; programs and projects for developing vocational training in the locality; organizing their implementation after approval.

2. Directing, guiding, and inspecting the implementation of professional and technical matters concerning the Labor-Invalids and Social Affairs Office and vocational training institutions within the locality.

3. Submitting to the People's Committee at the provincial level for issuance specific regulations on managing vocational training, policies for managers and teachers of vocational training, students, and trainees in accordance with legal provisions. Registering activities of intermediate and basic vocational training programs according to the regulations of the Ministry of Labor, Invalids and Social Affairs.

4. Organizing teacher lectures, equipment-making contests, and vocational student excellence competitions at the provincial level.

5. Building and submitting to the People's Council and People's Committee at the provincial level solutions for socializing vocational training; directing, guiding, and inspecting their implementation.

6. Coordinating with the Finance Department and the Planning and Investment Department during the budget revenue and expenditure planning process; allocating, managing, and settling the annual vocational training budget according to the State Budget Law and local budget management delegation.

7. Inspecting and auditing compliance with laws on vocational training; handling violations and resolving complaints and denunciations according to legal provisions.

8. Implementing regular reporting systems on vocational training as prescribed.

Article 8. State Management Responsibilities for Vocational Training of the People's Committee at the District Level

The People's Committee at the district level shall perform state management functions regarding vocational training within its district; it is responsible to the People's Committee at the provincial level for the development of vocational training within its district:

1. Building programs and proposals for vocational training development at the district level to be submitted to the People's Council at the same level for approval; organizing and directing, inspecting the implementation of approved vocational training programs; ensuring financial and staffing conditions for managers and vocational training teachers, facilities, and technical resources for affiliated vocational training institutions in accordance with legal provisions.

2. Directing and implementing policies for socializing vocational training, implementing self-management mechanisms and financial responsibility for district vocational training institutions according to legal provisions.

3. Submitting to the People's Council at the same level for decisions on budget estimates, allocation, and settlement of vocational training funds according to the State Budget Law.

4. Organizing inspections of vocational training activities and resolving complaints and denunciations according to legal provisions.

5. Reporting regularly on vocational training to the People's Committee at the provincial level and the People's Council at the same level.

Article 9. State Management Responsibilities for Vocational Training of the People's Committee at the Commune Level

The People's Committee at the commune level shall be responsible for assisting the People's Committee at the district level in developing vocational training within its commune, including the following responsibilities:

1. Cooperating with the Labor-Invalids and Social Affairs Office to implement the district's vocational training plan in line with the local socio-economic development program.

2. Cooperating with the Labor-Invalids and Social Affairs Office to manage vocational training institutions located within the commune.

3. Implementing policies for socializing vocational training.

4. Cooperating with relevant agencies and units to manage and inspect vocational training activities conducted in households and village trades according to pairing schemes.

5. Statistics on individuals eligible for preferential policies such as demobilized military personnel, ethnic minorities, poor households, disabled persons, orphaned children without guardianship, direct laborers in agricultural households whose farmland has been reclaimed, and other social policy beneficiaries within the management area who are of working age and have not yet received vocational training but wish to enroll in vocational training courses as stipulated.

6. Cooperating with relevant agencies and units to guide and inspect the implementation of vocational training policies for eligible individuals in the locality, ensuring that policies are implemented correctly and reach the intended beneficiaries.

Article 10. Provisions on implementation

1. This Decree takes effect from October 15, 2009. Previous regulations contrary to this Decree are abolished.

2. The Minister of Labor, Invalids and Social Affairs, and the Ministers of related ministries and sectors shall provide guidance on the implementation of this Decree.

3. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees, and relevant agencies are responsible for implementing this Decree./.