Decision No. 776/2001/QD-BLDTBXH on the issuance of regulations on the organization and operation of vocational training centers

 

DECISION OF THE MINISTER

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

Regarding the issuance of the Rules on the organization and operation of vocational training centers

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree 15/CP dated March 2, 1993 stipulating the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

Pursuant to Decree 96/CP dated December 7, 1993 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 02/2001/NĐ-CP dated January 9, 2001 of the Government detailing the implementation of the Labor Code and the Education Law regarding vocational training:

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

DECISION:

Article 1: The Rules on the organization and operation of vocational training centers are hereby promulgated along with this Decision.

Article 2: THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

All previous regulations concerning vocational training centers that conflict with these Rules are hereby abolished.

Article 3: The Heads of the Office of the Ministry, the General Director of the Vocational Training General Department, Directors of vocational training centers, and Heads of related units are responsible for implementing this Decision./.

REGULATIONS

ORGANIZATION AND OPERATIONS OF VOCATIONAL TRAINING CENTERS
(Promulgated along with Decision No. 776/2001/QĐ-BLĐTBXH
dated August 9, 2001 of the Minister of Labor, Invalids, and Social Affairs)

PART I
GENERAL PROVISIONS

Article 1. A vocational training center is a short-term vocational training institution within the national education system, established by state agencies, economic organizations, political organizations, social organizations, individuals, or groups of individuals, operating in accordance with the law, aiming to train, supplement, and enhance vocational skills for workers.

A vocational training center is a service-oriented entity with legal personality, having its own bank account and seal.

Article 2. In this regulation, vocational training centers include:

- Public vocational training centers;

- Semi-public vocational training centers;

- Private vocational training centers;

- Private vocational training centers.

Article 3. Vocational training centers are subject to state management in vocational training by the Ministry of Labor, Invalids, and Social Affairs; direct management by the agency issuing the establishment decision, and territorial management by local authorities where the vocational training center is located.

Article 4. A vocational training center may be established when it meets the conditions specified in the Circular guiding the establishment, registration of operations, and division, merger, suspension, and dissolution of vocational training institutions issued by the Ministry of Labor, Invalids, and Social Affairs.

PART II
TASKS AND POWERS OF VOCATIONAL TRAINING CENTERS

Article 5. Tasks of vocational training centers:

1. Develop short-term vocational training plans, supplementary, and enhancement programs according to labor market needs;

2. Develop plans, program contents, and teaching schedules consistent with the principles of vocational training program development as prescribed by the Ministry of Labor, Invalids, and Social Affairs;

3. Organize short-term vocational training, supplementary, and enhancement programs according to apprenticeship contracts;

4. Organize skill training sessions, disseminate new scientific and technological knowledge, and advanced production experience to all interested parties;

5. Accept students from disadvantaged groups eligible for social policy benefits as stipulated by the Government;

6. Conduct final course examinations for students in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs;

7. Manage staff, teachers, employees, and property assets of the vocational training center in accordance with the law;

8. Organize and support teachers to participate in professional and pedagogical training to improve their expertise;

9. Utilize and manage all resources and technical facilities effectively to maintain and develop vocational training activities;

10. Report periodically every quarter, six months, and annually on the activities of the vocational training center to the Department of Labor, Invalids, and Social Affairs where the vocational training center is located and higher management bodies (if applicable).

Article 6. Powers of vocational training centers:

1. Organize training, enhancement, supplementation, and skill training at the vocational training center, production sites, and linked training institutions;

2. Collaborate with production sites, other vocational training centers, vocational schools, secondary specialized schools, colleges, and universities both domestically and internationally to organize training, supplementation, and enhancement programs in accordance with the law;

3. Cooperate with general education schools in technical education and career guidance for students;

4. Collaborate with economic organizations, educational institutions, health services, cultural organizations, scientific research organizations, and other individuals and organizations in applying science and technology to link vocational training with employment;

5. Charge tuition fees in accordance with current regulations or as agreed upon in the apprenticeship contract without violating the law;

6. Issue vocational certificates and supplementary skill certificates to students who meet the requirements in the final examination;

7. Organize certification examinations for self-taught workers in accordance with the guidelines and approved training programs of the center;

8. Organize the production of products and provision of services suitable for vocational training to enhance training quality; exploit domestic and international resources to maintain and develop the vocational training center;

9. Provide counseling on vocational training and job placement for graduates;

10. Enter into teaching contracts with qualified individuals to teach at the vocational training center.

CHAPTER III
FINANCIAL MANAGEMENT AND ASSETS

Article 7. For public vocational training centers, financial and asset management shall be carried out in accordance with the current regulations applicable to service-oriented entities with revenue.

Article 8. For semi-public, private, and private vocational training centers, financial management shall be conducted in accordance with the provisions of Joint Circular 44/2000/TTLT/BTC-BGDĐT-LĐTBXH dated May 23, 2000, guiding the financial management regime for non-public entities operating in the field of education and training.

PART IV
ORGANIZATIONAL STRUCTURE AND MANAGEMENT

Article 9. The management structure of a vocational training center includes:

- Director of the vocational training center;

- Deputy Director assisting the Director and specialized departments such as the Training Department; the Organization, Administrative, Accounting, and Financial Department; the Equipment Management, Production, and Service Provision Department.

These departments may be organized into divisions, offices, teams, or individual positions depending on the scale of operations of the vocational training center and decided by the Director. The person in charge of each specialized department must have the appropriate qualifications and experience for the assigned work and must hold at least a college diploma.

Article 10. The appointment and removal of the Director of public and semi-public vocational training centers shall be decided by the state agency that established such centers. The Director of private and non-state vocational training centers shall be appointed by the investors who established the capital.

Article 11. The Director of a vocational training center must have a college technical degree or higher, possess good moral character, management capability, and understanding of vocational training work.

Article 12. The Director of a vocational training center has the following rights:

1. To be the account holder of the vocational training center;

2. To propose to the competent superior authority on the appointment and removal of Deputy Directors and Chief Accountants; to appoint and remove heads of departments for public and semi-public vocational training centers; to propose to the head of the establishment organization or investor on the appointment and removal of Deputy Directors and department heads for private and non-state vocational training centers;

3. To propose to the competent superior authority or the head of the establishment organization or investor regarding policies and measures related to the activities of the vocational training center; the use of self-owned funds for the development of physical facilities (such as purchasing, converting equipment to meet the requirements of vocational training, supplementary, and enhancement activities) and improving the living conditions of staff working at the center according to the law;

4. To enter into labor contracts with teachers, staff members of the center; vocational training, supplementary, and enhancement contracts with learners according to the law;

5. To conclude agreements with other vocational training institutions; production, business, and service establishments in vocational training, supplementary, and enhancement activities or production, business, and services according to the law;

6. To issue vocational certificates and supplementary training certificates to learners who meet the requirements in the final examination period;

7. To decide on rewards and disciplinary actions against staff, teachers, employees, and learners within the scope of delegated management authority.

Article 13. The Director of a vocational training center has the following responsibilities:

1. Strictly comply with laws, policies, systems, and regulations of the State; bear legal responsibility before the superior authority directly responsible for all activities of the vocational training center;

2. Develop and implement plans for vocational training, supplementary training, and enhancement training;

3. Manage and be responsible for the quality of training, enhancement, and supplementary training as well as other activities of the vocational training center;

4. Regularly care for and improve working, teaching, learning conditions, material and spiritual life of staff, teachers, employees, and learners;

5. Report regularly every quarter, six months, and annually on the operation status of the vocational training center to the Department of Labor, Invalids, and Social Affairs where the vocational training center is located and the superior managing authority (if any).

Article 14. Deputy Directors of vocational training centers must have a college technical or vocational degree or higher, possess good moral character, management capability, and understanding of pedagogical practices. Deputy Directors and heads of specialized departments are those who are responsible to the Director for the tasks assigned to them.

CHAPTER V
TEACHERS, STAFF, AND EMPLOYEES

Article 15. Teachers of vocational training centers:

Are individuals who meet the standard qualifications as stipulated in Article 20 of Decree No. 02/2001/NĐ-CP dated January 9, 2001, of the Government detailing the implementation of the Labor Code and the Education Law on vocational training; recruited based on the job title standards prescribed by the State. Contract teachers are hired by the Center Director according to the law.

Article 16. Rights of teachers at vocational training centers:

1. To use the center's physical facilities, technology, equipment, materials, teaching aids, and other means within the scope of their assigned responsibilities;

2. To enjoy benefits under the current State system for vocational teachers and according to the contract signed with the Center Director;

3. To participate in discussions, provide opinions, and evaluate the curriculum, content, teaching methods, management methods, and other activities of the center;

4. To observe classes, enhance skills, and improve teaching methods;

5. To be commended and rewarded for achievements in teaching and work;

6. To contract for guest lectures and scientific research with other agencies or units;

7. To enjoy other rights as prescribed by law.

Article 17. Responsibilities of teachers at vocational training centers:

1. Strictly comply with national policies, systems, regulations, and internal rules of the vocational training center. For contract teachers, strictly adhere to the contents stipulated in the contract signed with the vocational training center;

2. Adhere to the provisions on teaching duration, content, and quality according to the center's plan;

3. Continuously improve teaching skills. Be responsible to the Center Director for the teaching plan and quality;

4. Strictly follow pedagogical principles, technical and vocational standards, and occupational safety and health regulations of the center; respect the dignity and treat learners fairly;

5. Maintain and protect the center's equipment, teaching aids, teaching materials, and other assets.

Article 18. Staff and employees engaged in management and support work at vocational training centers have the duty to strictly fulfill their tasks and responsibilities; contribute to education and training; and enjoy respect and benefits as prescribed by the State or according to the contract.

Chapter VI
STUDENTS

Article 19. Individuals who wish to learn vocational skills, supplementary skills, and enhancement skills and meet the legal conditions for learning can sign a vocational training contract with the Director of the vocational training center.

Article 20. During the learning process, learners are organized into classes, groups, or teams according to each trade and must have a supervisor.

Article 21. Learners have the following benefits:

1. To study and train according to the training objectives as recorded in the plan or vocational training contract;

2. To use the center's physical facilities and technology for learning and training purposes according to the plan.

3. During the vocational training period, if directly or participating in producing products for the Vocational Training Center, they shall be paid according to the agreed rate in the vocational training contract;

4. They are entitled to contribute opinions to the Vocational Training Center regarding objectives, programs, contents, and teaching methods;

5. They are guaranteed workplace safety and hygiene in accordance with the provisions of the law;

6. Students who fall under social policy categories shall enjoy preferential benefits and allowances from the State as stipulated in current regulations during their study period at the Vocational Training Center;

7. They may express their wishes directly or through their lawful representatives to the Director of the Vocational Training Center to resolve issues related to themselves or groups of students such as: studying, accommodation, cultural activities, sports, and other relevant issues concerning students at the Center;

8. They are respected and treated equally; they are provided with timely and complete information about their academic performance and discipline;

9. They have the right to lodge complaints with competent authorities to address issues violating their rights and interests or the vocational training contract;

10. They are entitled to participate in activities within organizations and social groups in accordance with the law;

11. They are granted vocational certificates or certificates of vocational training if they meet the requirements in the final examination of the course;

12. They are arranged employment according to the agreement (if any) upon completion of the course;

Article 22. Students have the following responsibilities:

1. Fully comply with the vocational training, supplementary training, and vocational upgrading contracts signed with the Director of the Vocational Training Center;

2. Strictly adhere to the rules and regulations of the Vocational Training Center;

3. Fully participate in the training program and content as stipulated in the vocational training, supplementary training, and vocational upgrading contracts;

4. Respect teachers, staff, and employees of the Vocational Training Center;

5. Adhere to the center's regulations on occupational safety and health;

6. Maintain and protect equipment, teaching materials, and other assets of the Vocational Training Center;

7. Pay tuition fees fully and on time as prescribed or as stipulated in the vocational training contract;

8. Uphold civilized and healthy lifestyles;

9. Participate in labor and social activities appropriate to their age, health, and capabilities;

Chapter VII
IMPLEMENTATION

Article 23. The Vocational Training Centers mentioned in Article 2 above shall establish organizational and operational regulations based on the content of this Charter and specific conditions of each Vocational Training Center, submit them for approval by higher management authorities, and implement them.