Circular No. 23/2013/TT-BLDTBXH of October 16, 2013, guiding a number of articles on foreign cooperation and investment in vocational training of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 23/2013/TT-BLDTBXH of October 16, 2013, guiding a number of articles on foreign cooperation and investment in vocational training of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education

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

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 70/2009/ND-CP of August 21, 2009, on state management responsibility for vocational training;

Pursuant to the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education;

At the proposal of the General Director of Vocational Training;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding a number of articles on foreign cooperation and investment in vocational training of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education (below referred to as Decree No. 73/2012/ND-CP).

Chapter I

GENERAL PROVISIONS

Article 1. State management of foreign-invested vocational training institutions

Foreign-invested vocational training institutions in Vietnam shall submit to the state management of vocational training by the Ministry of Labor, War Invalids and Social Affairs and concurrently to the territory-based management by provincial-level People’s Committees of the localities in which such institutions are based.

Article 2. Organization and operation regulations of foreign vocational training representative offices

The organization and operation regulation of a foreign vocational training representative office must have the following major contents:

1. Name of the representative office.

2. Objectives and scope of operation.

3. Duration and place of operation.

4. Functions and tasks.

5. Tasks and powers of the chief and other staff members of the representative office.

6. Relation with the organization or institution requesting the representative office’s establishment.

7. Inspection, examination, commendation, and handling of violations.

8. A foreign vocational training organization or institution shall elaborate and approve the organization and operation regulation for its foreign vocational training representative office established at its request before registering this representative office’s operation with a competent agency.

Article 3. Compulsory subjects for Vietnamese citizens studying foreign vocational training programs in vocational training institutions

1. Vietnamese citizens studying in foreign-invested vocational training institutions or vocational training institutions conducting joint training in foreign collegial- or intermediate-level programs shall study 6 general subjects, namely Politics, Law, Physical Education, National Defense and Security Education, Information Technology, and English (if these training programs are not taught in English) under regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Foreign-invested vocational training institutions and vocational training institutions conducting joint training in foreign collegial- or intermediate-level vocational programs shall teach and evaluate learning results of the general subjects specified in Clause 1 of this Article for Vietnamese citizens under regulations of the Ministry of Labor, War Invalids and Social Affairs.

Article 4. Occupations permitted for training cooperation and investment

1. Foreign organizations and individuals may cooperate and invest in training of the occupations on the list of grade-III codes belonging to 44 occupation groups provided in the Prime Minister’s Decision No. 38/2009/QD-TTg of March 9, 2009, promulgating the List of education and training of the national education system (the list of grade-III codes belonging to 44 occupation groups is provided in Appendix 1 to this Circular).

2. Occupations not permitted for training cooperation and investment are those not on the list provided in Clause 1 of this Article and those with contents which are detrimental to national defense and security, culture, environment, ethics and fine customs and practices of Vietnam.

Article 5. Registration of specimens of blank vocational training diplomas and certificates

1. Foreign-invested vocational training institutions and vocational training institutions conducting joint training with foreign vocational training institutions shall register specimens of blank vocational training diplomas and certificates with the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs in order to have their legal validity recognized nationwide. This registration is conducted as follows:

a/ For diplomas and certificates under the vocational training system of Vietnam, to comply with regulations of the Ministry of Labor, War Invalids and Social Affairs;

b/ For diplomas and certificates under foreign vocational training systems, the vocational training institution shall submit 1 set of dossier to the Vocational Training Directorate, which comprises:

- A notarized copy of the investment certificate;

- A notarized copy of the decision permitting the establishment of the vocational training institution;

- A notarized copy of the vocational training license;

- Three specimens of the official blank vocational training diploma or certificate for each trained occupation and each training level (each is translated into Vietnamese and notarized) which are certified by an agency or organization competent to accredit foreign education and vocational training quality recognized by the Ministry of Labor, War Invalids and Social Affairs.

Within 20 working days after receiving a valid dossier, the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs shall appraise and certify the specimen of the blank vocational training diploma or certificate of the vocational training institution.

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