Decree No. 143/2016/ND-CP dated October 14, 2016 of the Government on prescribing conditions for investment and operation in vocational education

DECREE

Prescribing conditions for investment and operation in vocational education[1]

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

Pursuant to the November 26, 2014 Law on Investment;

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

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates the Decree prescribing conditions for investment and operation in vocational education.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes conditions for investment and operation in vocational education, which cover:

1. Establishment and permission for establishment, division, separation, merger and dissolution of public and private vocational education institutions; establishment and permission for establishment or termination of operation of branches of public and private intermediate schools and colleges.

2. Registration for vocational education activities, registration for additional vocational education activities; grant and revocation of registration certificates of vocational education activities, and suspension of vocational education activities.

3. Conditions and procedures for establishment, division, separation and merger of foreign-invested vocational education institutions, which are prescribed in Section 2, Chapter III of the Government’s Decree No. 48/2015/ND-CP of May 15, 2015, detailing a number of articles of the Law on Vocational Education.

Article 2.Subjects of application

1. Vocational education centers, intermediate schools and colleges (below referred to as vocational education institutions).

2. Universities registering to carry out college-level vocational education activities and enterprises registering to carry out basic vocational education activities (below referred to as institutions engaged in vocational education activities).

3. Agencies, organizations and individuals involved in activities prescribed in Article 1 of this Decree.

4. This Decree does not apply to:

a/ Establishment and permission for establishment, division, separation, merger and dissolution of pedagogical intermediate schools or pedagogical colleges; or establishment and permission for establishment, and termination of operation of branches of these schools or colleges;

b/ Registration for vocational education activities, registration for additional vocational education activities; grant and revocation of registration certificates, and suspension of vocational education activities related to pedagogical majors within the scope of state management of the Ministry of Education and Training.

Chapter II

ESTABLISHMENT AND PERMISSION FOR ESTABLISHMENT, DIVISION, SEPARATION, MERGER AND DISSOLUTION OF VOCATIONAL EDUCATION INSTITUTIONS; ESTABLISHMENT AND PERMISSION FOR ESTABLISHMENT AND TERMINATION OF OPERATION OF BRANCHES OF INTERMEDIATE SCHOOLS AND COLLEGES

Section 1

CONDITIONS, PROCEDURES AND COMPETENCE TO ESTABLISH AND GRANT PERMISSION TO ESTABLISH VOCATIONAL EDUCATION INSTITUTIONS AND BRANCHES OF INTERMEDIATE SCHOOLS AND COLLEGES

Article 3.Conditions for establishment and permission for establishment of vocational education institutions

A vocational education institution may be established or permitted to be established when there is an establishment project and the following conditions are met:

1. Conforming with the master plan on Vietnam’s vocational education institution network, master plans on vocational education institution networks of ministries, ministerial-level agencies or government-attached agencies (below referred to as ministries), and those of People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees). For a public vocational education institution, there must be a commitment to operate under the autonomy mechanism applied to public non-business units as stipulated by the Government.

2. Training scale:

a/ For a vocational education center: To provide basic vocational training for at least 150 trainees per year;

b/ For an intermediate school: To provide intermediate-level training for at least 250 students per year;

c/ For a college: To provide collegial-level and intermediate-level training for at least 500 students per year.

3. A vocational education center must have a minimum land area of 1,000 m²for building physical foundations; an intermediate school, 20,000 m²; and a college, 50,000 m².

4. Funds invested in the establishment of a vocational education institution shall be raised from lawful sources, excluding land value. Specifically:

a/ For a vocational education center: at least VND 5 billion;

b/ For an intermediate school: at least VND 50 billion;

c/ For a college: at least VND 100 billion.

5. Fully meeting the conditions for registration for vocational education activities as prescribed in Article 14 of this Decree (on organizational structure; physical foundations and equipment for training; training program and textbooks, teachers and administration officers).

Article 4.Conditions for establishment and permission for establishment of vocational education institutions for persons with disabilities

Vocational education institutions for persons with disabilities must meet the conditions specified in Article 3 of this Decree and those prescribed at Points a and b, Clause 3, Article 18 of the Law on Vocational Education.

Article 5.Conditions for establishment and permission for establishment of branches of intermediate schools and colleges

There is a project on the establishment or permission for establishment of a branch, covering the following details:

1. The necessity to establish a branch.

2. The name and scope of operation of the branch.

3. A plan on construction, development and training scale of the branch at each stage of development.

4. The expected organizational structure; training facilities and equipment; training program and textbooks; teachers and administration officers that meet the conditions for registration of vocational education activities prescribed in Article 14 of this Decree.

Article 6.Dossiers for establishment or permission for establishment of vocational education institutions and branches of intermediate schools and colleges

1. A dossier for establishment or permission for establishment of a vocational education institution shall be made in one set, comprising:

a/ A written request for establishment made by the managing agency, for a public vocational education institution; or a written request for permission for establishment made by a social organization, a socio-professional organization, an economic organization or an individual (for a private vocational education institution), according to the form in Appendix I to this Decree.

For a vocational education institution directly attached to a ministry or to the central body of a socio-political organization or for a private college, a written approval of the provincial-level People’s Committee of the locality where the vocational education institution’s head office is expected to be located is required.

b/ The project on establishment of the vocational education institution made according to the form in Appendix II to this Decree;

c/ A draft layout plan and preliminary design of construction works which are suitable to the training majors, scale, levels and criteria for construction area and area used for learning and teaching;

d/ Certified true copies of the land use right and housing ownership certificate, or written approval by the provincial-level People’s Committee for land allocation or lease which clearly states the address, area and boundaries of the land parcel, the in-principle agreement on the lease of available facilities, and other relevant legal papers which remain valid for at least 5 years from the date of sending the dossier.

2. For a private vocational education institution, in addition to the documents specified in Clause 1 of this Article, the dossier must comprise:

a/ A competent agency’s or organization’s written certification of the financial ability to invest in the vocational education institution;

b/ Other documents proving the ownership of assets contributed as capital by the individual who requests establishment of the vocational education institution.

3. For a private vocational education institution that has at least 2 capital contributors, in addition to the documents specified in Clauses 1 and 2 of this Article, the dossier must comprise:

a/ A written record of appointment of a representative for establishment of the vocational education institution by the capital contributors;

b/ Profiles of members of the founding board;

c/ A list of members who commit to contribute capital, methods and written records of capital contribution;

d/ The expected Board of Directors and its chairperson, for an intermediate school or a college.

4. A dossier for establishment or permission for establishment of a branch of an intermediate school or a college must comply with Clauses 1, 2 and 3 of this Article.

Article 7.Competence to establish or to grant permission to establish vocational education institutions

1. Provincial-level People’s Committee chairpersons have the competence to decide on establishment of public vocational education centers and intermediate schools directly attached to their provinces or centrally run cities; and to grant permission to establish private vocational education centers and intermediate schools located within their localities.

2. Ministers, heads of ministerial-level agencies and heads of central bodies of socio-political organizations have the competence to decide on establishment of public vocational education centers and intermediate schools directly attached to their agencies or organizations.

3. The Minister of Labor, War Invalids and Social Affairs has the competence to decide on establishment of public colleges and to grant permission to establish private colleges.

Article 8.Order and procedures for establishment and permission for establishment of vocational education institutions

1. Receipt of dossiers for establishment or permission for establishment of vocational education institutions:

a/ A requester shall prepare a dossier as prescribed in Clauses 1, 2 and 3, Article 6 of this Decree and send it to the specialized agency that assists the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree;

b/ The specialized agency that assists the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall receive and assess the dossier before sending it to the board for assessment of dossiers for establishment or permission for establishment of vocational education institutions (below referred to as the assessment board).

If the dossier is invalid, within 5 working days after receiving it, the specialized agency that assists the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall issue a written reply clearly stating the reason to the requester.

c/ Within 5 working days after receiving a valid dossier, the specialized agency that assists the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall send it to the assessment board for assessment.

2. Assessment of a dossier for establishment of a vocational education institution:

a/ The assessment board shall assess the dossier;

b/ The person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall decide to form an assessment board and issue a regulation on the organization and operation of the assessment board.

The assessment board for a dossier for establishment of a college must have its chairperson being a leader of the Ministry of Labor, War Invalids and Social Affairs or an authorized person, and members being representatives from the Ministry of Planning and Investment, Ministry of Finance, Ministry of Home Affairs, provincial-level People’s Committee of the locality where the college’s head office is expected to be located, General Directorate of Vocational Training (the specialized agency assisting the Minister of Labor, War Invalids and Social Affairs in performing the state management of vocational education), and representatives from several specialized units of the Ministry of Labor, War Invalids and Social Affairs.

The assessment board for a dossier for establishment of a public intermediate school or vocational education center directly attached to a ministry or to the central body of a socio-political organization must have its chairperson being a leader of the ministry or the central body of the socio-political organization or an authorized person, and members who are representatives from relevant units of the ministry or central body of the socio-political organization.

The assessment board for a dossier for establishment of a public intermediate school or vocational education center directly attached to a provincial-level People’s Committee or of a private intermediate school or vocational education center in a province or centrally run city must have its chairperson being a leader of the provincial-level People’s Committee or an authorized person and members who are representatives from the agencies of the provincial-level People’s Committee, including the provincial-level Department of Labor, War Invalids and Social Affairs, Department of Planning and Investment, Department of Finance, Department of Home Affairs and relevant agencies.

c/ Within 5 working days after receiving a dossier for establishment of a vocational education institution from the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree, the assessment board shall assess such dossier;

d/ Based on the conclusion of the assessment board (announced at the assessment meeting), the requester shall complete the dossier and send it to the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree.

If the assessment board concludes that the dossier is unqualified, within 5 working days from the date of assessment, the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall issue a written reply to the requester clearly stating the reason.

3. Decision on establishment or permission for establishment of a vocational education institution

Within 10 working days after receiving a complete dossier according to the conclusion of the assessment board, the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall send a proposal to the person who has the competence to decide on establishment or permission for establishment of vocational education institutions to decide on establishment of a public vocational education institution or to grant permission to establish a private vocational education institution.

4. Time limits for sending decisions on establishment or permission for establishment of vocational education institutions:

a/ Within 5 working days after the decision on establishment or permission for establishment of a college is signed, the General Directorate of Vocational Training shall send such decision to the provincial-level People’s Committee or managing agency of the college for monitoring and management;

b/ Within 5 working days after the decision on establishment of a public vocational education center or intermediate school directly attached to the ministry or central body of a socio-political organization is signed, that ministry or central body shall send such decision to the General Directorate of Vocational Training and provincial-level People’s Committee of the locality where the vocational education center or intermediate school is expected to be located for monitoring and management;

c/ Within 5 working days after the decision on establishment of a public vocational education center or intermediate school directly attached to the provincial-level administration or the decision on permission to establish a private vocational education center or intermediate school in the locality is signed, the provincial-level People’s Committee shall send such decision to the General Directorate of Vocational Training for monitoring and management.

Article 9.Procedures for establishment or permission for establishment of branches of intermediate schools and colleges

1. Receipt of dossiers for establishment or permission for establishment of branches:

a/ An intermediate school or a college requesting the establishment or permission for establishment of a branch shall prepare a dossier as prescribed in Clause 4, Article 6 of this Decree, and send it to the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree;

b/ The specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall receive the dossier.

If the dossier is invalid, within 5 working days after receiving it, the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall issue a written reply to the requesting school or college clearly stating reason.

2. Decision on establishment or permission for establishment of a branch of an intermediate school or a college:

a/ Within 10 working days after receiving a dossier for establishment or permission for establishment of a branch of an intermediate school or a college, the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall submit to the competent person to decide on establishment of a branch of a public intermediate school or college or permission to establish a branch of a private intermediate school or college;

b/ The person having the competence to decide on establishment or permission for establishment of intermediate schools and colleges also has the competence to establish or grant permission to establish branches of those intermediate schools and colleges.

3. Time limits for sending decisions on establishment or permission for establishment of branches of intermediate schools or colleges:

a/ Within 5 working days after the decision on establishment or permission for establishment of a branch of a college is signed, the General Directorate of Vocational Training shall send such decision to the provincial-level People’s Committee or managing agency of the college for monitoring and management;

b/ Within 5 working days after the decision on establishment of a branch of a public intermediate school directly attached to a ministry or the central body of a socio-political organization is signed, that ministry or central body shall send such decision to the General Directorate of Vocational Training and provincial-level People’s Committee of the locality where the branch is expected to be located for monitoring and management;

c/ Within 5 working days after the decision on establishment of a branch of a public intermediate school directly attached to the provincial-level administration or decision on permission to establish a branch of a private intermediate school in the locality is signed, the provincial-level People’s Committee shall send such decision to the General Directorate of Vocational Training for monitoring and management.

Section 2

DIVISION, SEPARATION, MERGER, DISSOLUTION AND RENAMING OF VOCATIONAL EDUCATION INSTITUTIONS; OPERATION TERMINATION OF BRANCHES OF INTERMEDIATE SCHOOLS AND COLLEGES

Article 10.Division, separation and merger of vocational education institutions

1. The division, separation and merger of vocational education institutions must meet the following requirements:

a/ Conforming with the approved master plan on the vocational education institution network and satisfying the requirements of socio-economic development and the national, sectoral and local master plans on human resources development;

b/ Ensuring the interests of students, teachers, lecturers, administration officers, staff and employees; contributing to the improvement of vocational education quality and effectiveness;

c/ Vocational education institutions established from division, separation or merger must fully satisfy the conditions specified in Article 3 of this Decree.

2. A dossier of request for division, separation or merger of a vocational education institution(s) shall be made in one set, comprising:

a/ A written request of the managing agency, for a public vocational education institution; a written request of the owner or legal representative of stakeholders, for a private vocational education institution, specifying the reason and purpose of the division, separation or merger; head office, branches and training locations of the vocational education institution after the merger, or new head office of the vocational education institution after the division or separation;

b/ The division, separation or merger scheme of the vocational education institution(s), specifying the plan to ensure interests of its/their students, teachers, lecturers, administration officers, staff and employees; expected plan and time or roadmap for the division, separation or merger; procedures and deadlines for transfer of assets and capital contributions;

c/ The meeting minutes and resolution of the Board of Directors or capital contributors on division, separation or merger of the vocational education institution(s), for a private vocational education institution.

3. Order, procedures and competence to decide on division, separation and merger of vocational education institutions:

a/ Receipt of dossiers of request for division, separation or merger of vocational education institutions

The requester shall prepare a dossier of request for division, separation or merger of a vocational education institution(s) as prescribed in Clause 2 of this Article, and send it to the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree.

The specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall receive and appraise the dossier before sending its proposal to the person who has the competence to decide on division, separation and merger of vocational education institutions.

If the dossier is invalid, within 5 working days after receiving it, the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall issue a written reply clearly stating the reason to the requester.

b/ Decision on division, separation or merger of vocational education institutions

Within 10 working days after receiving a valid dossier of request for division, separation or merger of a vocational education institution(s), the specialized agency assisting the person having the competence to decide on establishment or permission for establishment of vocational education institutions specified in Article 7 of this Decree shall send a proposal to the competent person to decide on division, separation or merger of the vocational education institution(s).

c/ Competence to decide on division, separation and merger of vocational education institutions

The competent person who has decided on establishment or permitted establishment of vocational education institutions specified in Article 7 of this Decree also has the competence to decide on, or grant permission for, division, separation or merger of those vocational education institutions.

4. Time limits for sending decisions on division, separation or merger or permission for division, separation or merger of vocational education institutions:

a/ Within 5 working days after the decision on division, separation or merger of a public college or decision on permission for division, separation or merger of a private college is signed, the General Directorate of Vocational Training shall send such decision to the provincial-level People’s Committee or managing agency of that college for monitoring and management;

b/ Within 5 working days after the decision on division, separation or merger of a public vocational education center or intermediate school attached to a ministry or the central body of a socio-political organization, that ministry or central body shall send such decision to the General Directorate of Vocational Training and provincial-level People’s Committee of the locality where the vocational education center’s or intermediate school’s head office is located;

c/ Within 5 working days after the decision on division, separation or merger of a vocational education center or public intermediate school directly attached to the provincial-level administration or the decision on permission for division, separation or merger of a private vocational education center(s) or intermediate school(s) in the locality is signed, the provincial-level People’s Committee shall send such decision to the General Directorate of Vocational Training for monitoring and management.

Article 11.Dissolution of vocational education institutions

1. A vocational education institution shall be dissolved in the cases specified in Clause 1, Article 21 of the Law on Vocational Education or shall be permitted for dissolution in the cases specified in Clause 2, Article 21 of the Law on Vocational Education.

2. A dossier for dissolution of a vocation education institution in a case specified in Clause 1, Article 21 of the Law on Vocational Education shall be made in one set comprising a written request for dissolution made by a competent agency which specifies the reason for dissolution and is enclosed with one of the following documents:

a/ The inspection or examination conclusion on an act specified at Point a, Clause 1, Article 21 of the Law on Vocational Education;

b/ The decision on suspension of training, issued by a competent agency, for an act specified at Point b, Clause 1, Article 21 of the Law on Vocational Education;

c/ The inspection record made by the competent agency that has issued the registration certificate of vocational education activities or by the managing agency of the vocational education institution, for the cases specified at Points c and d, Clause 1, Article 21 of the Law on Vocational Education.

3. A dossier for dissolution of a vocational education institution prescribed in Clause 2, Article 21 of the Law on Vocational Education must comprise a written request of the managing agency or the organization or individual that has requested the establishment or permission for establishment of the vocational education institution specifying the reason and plan for dissolution.

The dissolution plan must include an asset disposal plan and plan to ensure interests of students, teachers, lecturers, administration officers, staff and employees and to perform financial obligations under law.

4. Procedure and competence to dissolve and grant permission to dissolve vocational education institutions:

a/ Within 20 working days after receiving a valid dossier, a specialized agency of a ministry or the central body of a socio-political organization, provincial-level Department of Labor, War Invalids and Social Affairs or General Directorate of Vocational Training shall assess the dossier and submit it to the person who has the competence to establish or grant permission to establish vocational education institutions specified in Article 7 of this Decree;

b/ If the vocational education institution commits any of acts specified in Clause 1, Article 21 of the Law on Vocational Education but the managing agency or legal representative of capital contributors of that vocational education institution does not file a written request, the person who has the competence to establish or grant permission to establish vocational education institutions specified in Article 7 of this Decree shall consider and decide on dissolution of that vocational education institution;

c/ A decision on dissolution or grant of permission for dissolution of a vocational education institution must specify the reason for dissolution, methods to ensure interests of students, teachers, lecturers, administration officers, staff and employees, and to perform financial obligations under regulations; and a plan to dispose of assets of the vocational education institution. The decision on dissolution or permission for dissolution shall be informed to relevant agencies for coordinated implementation and publicly announced in the mass media;

d/ The competent person who has issued the decision on establishment or permission for establishment of a vocational education institution specified in Article 7 of this Decree also has the competence to dissolve or grant permission to dissolve that vocational education institution.

5. Time limits for sending decisions on dissolution and permission for dissolution of vocational education institutions:

a/ Within 5 working days after the decision on dissolution or permission for dissolution of a college is signed, the General Directorate of Vocational Training shall send such decision to the provincial-level People’s Committee or the managing agency of the college for monitoring and management;

b/ Within 5 working days after the decision on dissolution of a public vocational education center or intermediate school attached to a ministry or central body of socio-political organization is signed, that ministry or central body shall send such decision to the General Directorate of Vocational Training and provincial-level People’s Committee of the locality where the head office of that vocational education center or intermediate school is located for monitoring and management;

c/ Within 5 working days after the decision on dissolution of a public vocational education center or intermediate school attached to the provincial-level administration or the decision on permission to dissolve a private vocational education center or intermediate school in the locality is signed, the provincial-level People’s Committee shall send such decision to the General Directorate of Vocational Training for monitoring and management.

Article 12.Termination of operation of branches of intermediate schools and colleges

The termination of operation of branches of intermediate schools and colleges shall be carried out according to the provisions on dissolution of vocational education institutions in Article 11 of this Decree.

Article 13.Renaming of vocational education institutions

1. A dossier of request for renaming of a vocational education institution must comprise a written request made by the managing agency, for a public vocational education institution, or a document made by the owner or legal representative of capital contributors, for a private vocational education institution, specifying the reason for the renaming and new name of that vocational education institution.

2. Order, procedures and competence to rename a vocational education institution:

a/ A requester for renaming of the vocational education institution shall  prepare a dossier as prescribed in Clause 1 of this Article and send it to the specialized agency assisting the person who has the competence to establish or grant permission to establish vocational education institutions specified in Article 7 of this Decree;

b/ Within 5 working days after receiving a dossier, the specialized agency assisting the person who has the competence to establish or grant permission to establish vocational education institutions specified in Article 7 of this Decree shall submit it to the competent person.

The competent person who decided on establishment or grant of permission for establishment of a vocational education institution also has the competence to rename that vocational education institution.

c/ Time limits for sending decisions on renaming of vocational education institutions

Within 5 working days after the decision on renaming of a college is signed, the General Directorate of Vocational Training shall send such decision to the provincial-level People’s Committee or managing agency of that college for monitoring and management.

Within 5 working days after the decision on renaming of a public vocational education center or intermediate school directly attached to a ministry or the central body of a socio-political organization, that ministry or central body shall send such decision to the General Directorate of Vocational Training and provincial-level People’s Committee of the locality where the head office of the vocational education center or intermediate school is located for monitoring and management.

Within 5 working days after the decision on renaming of a public vocational education center or intermediate school attached to the provincial-level administration or of a private vocational education center or intermediate school in the locality is signed, the provincial-level People’s Committee shall send such decision to the General Directorate of Vocational Training for monitoring and management.

Chapter III

REGISTRATION FOR VOCATIONAL EDUCATION ACTIVITIES, REGISTRATION FOR ADDITIONAL VOCATIONAL EDUCATION ACTIVITIES; GRANT AND REVOCATION OF REGISTRATION CERTIFICATES AND SUSPENSION OF VOCATIONAL EDUCATION ACTIVITIES

Section 1

CONDITIONS AND PROCEDURES FOR REGISTRATION FOR VOCATIONAL EDUCATION ACTIVITIES AND REGISTRATION FOR ADDITIONAL VOCATIONAL EDUCATION ACTIVITIES, AND COMPETENCE TO GRANT REGISTRATION CERTIFICATES OF VOCATIONAL EDUCATION ACTIVITIES

Article 14.Conditions for grant of registration certificates of vocational education activities

1. For basic training

A vocational education institution or an enterprise shall be granted a registration certificate for basic vocational education activities when it fully meets the following conditions:

a/ Having sufficient facilities and equipment suitable to the majors, scale and level of training.  The area of each theory teaching classroom and practice room or workshop is at least 4 m²per student;

b/ Having sufficient training programs and textbooks for every registered training major which are developed, assessed and issued under regulations of the Minister of Labor, War Invalids and Social Affairs;

c/ Employing qualified teachers who satisfy professional standards and possess professional qualifications, vocational skills and pedagogical skills as prescribed by law; ensuring that the ratio of students to teachers does not exceed 25:1; for majors requiring aptitude, the ratio of students to teachers does not exceed 15:1; having full-time teachers for training majors;

d/ For basic-level training majors of private vocational education institutions and foreign-invested vocational education institutions, in addition to the conditions specified at Points a, b and c, Clause 1 of this Article, such institution must have adequate financial sources to provide and maintain the training of registered majors.

2. For intermediate- and college-level training

A college shall be granted a registration certificate of intermediate- and college-level vocational education activities, an intermediate school shall be granted a registration certificate of intermediate-level vocational education activities, and a university shall be granted a registration certificate of college-level vocational education activities when it fully meets the following conditions:

a/ The registered training majors are on the list of intermediate- and college-level training majors issued by the Minister of Labor, War Invalids and Social Affairs and suitable to the structure of sectors and majors and training levels as well as socio-economic development master plan of the ministry, sector or locality.

In case a registered major is not yet on the above-said list of the Minister of Labor, War Invalids and Social Affairs, the intermediate school, college or vocational education institution shall give scientific grounds for such new training major; a description of the new major and an analysis of work of such trade or occupation.

b/ Having sufficient facilities and equipment for training suitable to the majors, scale and level of training, specifically:

Having classrooms; laboratories; practice rooms and workshops; and pilot production facilities that meet requirements of teaching, learning and scientific research according to the program and scale of training of each major. The area of such a room, laboratory or workshop must be at least 5.5 -7.5 m²per student.

Having adequate training equipment for each training major according to the list of equipment and their minimum standards issued by the Minister of Labor, War Invalids and Social Affairs. In case the list of equipment and their minimum standard for a registered training major is not yet issued by the Minister of Labor, Invalids and Social Affairs, ensuring sufficient training equipment according to the program and scale of training of the registered major.

Having a library with software and equipment serving the borrowing and study of materials, and books, textbooks, lectures of modules, credits and study subjects and relevant documents meeting teaching and learning requirements.

Having sufficient working rooms, administrative offices and school administration offices according to the organizational structure of sections, faculties and training majors which must ensure at least 6 m²per person, for intermediate-level training, or 8 m²per person, for college-level training.

Having facilities for cultural, entertainment, sports, healthcare activities and services to serve administration officers, teachers, lecturers and students.

c/ Having sufficient training programs and textbooks for each registered training major that are developed, assessed and issued under regulations of the Minister of Labor, War Invalids and Social Affairs;

d/ Employing sufficient and qualified teachers, lecturers and administration officers suitable to the structure of training majors and levels who satisfy professional standards, possess professional and pedagogical skills under regulations, ensuring the achievement of the training objectives and completion of the training programs. Specifically:

The ratio of students to teachers or lecturers must not exceed 25:1, for training majors in humanities, economics and services; 20:1, for training majors in engineering, technology and health; or 15:1, for training majors requiring aptitude.

Having full-time teachers or lecturers providing at least 60% of the training volume of each training major.

At least 15% or 30% of the total teachers and lecturers of an intermediate school and a college, respectively, possess a postgraduate degree. There must be teachers and lecturers who possess a master or higher degree in each college-level training major.

Foreign teachers and lecturers at a foreign-invested intermediate school, college or university must satisfy the requirements on foreign workers in Vietnam as prescribed by Vietnamese law.

dd/ For intermediate- and college-level training majors, private or foreign-invested intermediate schools, colleges or universities shall, in addition to the conditions specified at Points a, b, c and d, Clause 2 of this Article, prove that they have sufficient financial sources to provide and maintain these training majors.

Article 15.Dossiers of registration for vocational education activities

1. For public and private vocational education institutions, a dossier of registration for vocational education activities must comprise:

a/ A written registration for vocational education activities, made according to Appendix III to this Decree;

b/ A copy of the decision on establishment or permission for establishment of the vocational education institution;

c/ A report on fulfillment of the conditions for vocational education activities, made according to Appendix Va to this Decree, enclosed with  documentary proofs;

d/ A copy of the operation and organization regulation of the vocational education institution.

2. For foreign-invested vocational education institutions, a dossier of registration for vocational education activities shall be made in Vietnamese or both Vietnamese and English, comprising:

a/ A written registration for vocational education activities, made according to Appendix III to this Decree;

b/ A copy of the investment registration certificate (if any) and a copy of the decision on permission for establishment of the vocational education institution;

c/ A report on fulfillment of the conditions for vocational education activities, made according to Appendix Va to this Decree, enclosed with  documentary proofs;

d/ A copy of the operation and organization regulation of the vocational education institution.

3. For an institution engaged in vocational education activities, a dossier of registration for vocational education activities must comprise:

a/ A written registration for vocational education activities, made according to Appendix III to this Decree;

b/ A copy of the decision on establishment or permission for establishment, or a copy of the enterprise registration certificate or investment registration certificate (if any);

c/ A report on fulfillment of the conditions for vocational education activities, made according to Appendix Vb to this Decree, enclosed with  documentary proofs;

d/ A copy of the charter or operation and organizations regulation.

Article 16.Competence to grant registration certificates of vocational education activities

1. The General Directorate of Vocational Training has the competence to grant registration certificates of vocational education activities to colleges and universities.

2. Provincial-level Departments of Labor, War Invalids and Social Affairs have the competence to grant registration certificates of vocational education activities to intermediate schools, vocational education centers and enterprises.

Article 17.Order and procedures for registration and grant of registration certificates of vocational education activities

1. For colleges and universities:

a/ One dossier set of registration for vocational education activities shall be sent to the General Directorate of Vocational Training;

b/ Within 10 working days after receiving a valid dossier, the General Directorate of Vocational Training shall inspect the conditions to ensure vocational education activities and grant a registration certificate of vocational education activities according to the form in Appendix VII to this Decree; if refusing to grant such certificate, the General Directorate of Vocational Training shall, within 5 working days, issue a written reply clearly stating the reason for refusal;

c/ Within 5 working days after granting a registration certificate, the General Directorate of Vocational Training shall send a copy of the registration certificate to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the college or university organizes vocational education activities for management.

2. For intermediate schools, vocational education centers and enterprises:

a/ A dossier of registration for vocational education activities shall be sent to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the institution’s head office is located. In case of registering vocational education activities of a branch or training place outside the province or centrally run city where the institution’s head office is located, such dossier shall be sent to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where that branch or training place is located;

b/ Within 10 working days after receiving a valid dossier, the provincial-level Department of Labor, War Invalids and Social Affairs shall inspect the conditions to ensure vocational education activities and grant a registration certificate of vocational education activities according to the form in Appendix VII to this Decree; if refusing to grant such certificate, within 5 working days, the provincial-level Department of Labor, War Invalids and Social Affairs shall issue a written reply clearly stating the reason for refusal;

c/ Within 5 working days after granting a registration certificate, the provincial-level Department of Labor, War Invalids and Social Affairs shall send a copy of the registration certificate to the General Directorate of Vocational Training for monitoring and management.

Section 2

CONDITIONS, PROCEDURES AND COMPETENCE TO GRANT REGISTRATION CERTIFICATES OF ADDITIONAL VOCATIONAL EDUCATION ACTIVITIES

Article 18.Cases of registration for additional vocational education activities

Vocational education institutions and institutions engaged in vocational education activities that have obtained registration certificates of vocational education activities shall register for additional vocational education activities in the following cases:

1. Increasing the admission limit of a major by 10% or more over that in the year of grant of the registration certificate.

2. Adding (opening) a new training major.

3. Adding or changing the training level or adjusting the scale of admission among training levels or majors in the same group of majors.

4. Dividing, separating or merging the vocational education institution or institution engaged in vocational education activities or having a change in the investment registration certificate or enterprise registration certificate against the contents stated in the registration certificate of vocational education activities.

5. Relocating the head office or a branch or training place where vocational education activities are carried out.

6. Opening a new branch where vocational education activities are carried out.

7. Opening a new training place or associating with other organizations or individuals to organize vocational education activities outside the head office or branches of the vocational education institution or institution engaged in vocational education activities.

8. Renaming the vocational education institution or institution engaged in vocational education activities.

9. Ceasing the admission or reducing the admission limit of any major specified in the registration certificate.

Article 19.Dossiers of registration for additional vocational education activities

1. A dossier of registration for additional vocational education activities for the cases specified in 1, 2, 3 and 4, Article 18 of this Decree must comprise:

a/ A written registration for additional vocational education activities, made according to the form in Appendix IV to this Decree;

b/ A report on fulfillment of the conditions to ensure additional vocational education activities, made according to the form in Appendix VI to this Decree, enclosed with documentary proofs.

2. Dossier of registration for additional vocational education activities for the cases specified in Clauses 5, 6 and 7, Article 18 of this Decree:

a/ In addition to the documents specified in Clause 1 of this Article, a college or university shall submit:

A document on relocation of the head office, a branch or a training place issued by a competent authority, for the case specified in Clause 5, Article 18 of this Decree.

A document on establishment of a new branch issued by a competent person, for the case specified in Clause 6, Article 18 of this Decree.

b/ For a vocational education center, an intermediate school or an enterprise registering for additional vocational education activities carried out in the province or centrally run city where its head office is located, in addition to the documents specified in Clause 1 of this Article, it shall submit:

A document on relocation of the head office, a branch or a training place issued by a competent authority, for the case specified in Clause 5, Article 18 of this Decree.

A document on establishment of a new branch issued by a competent person, for the case specified in Clause 6, Article 18 of this Decree.

c/ For a vocational education center, an intermediate school or an enterprise registering for additional vocational education activities carried out outside the province or centrally run city where its head office is located, in addition to the documents specified in Clause 1 of this Article, it shall submit:

A copy of the decision on establishment or permission for establishment or enterprise registration certificate or investment registration certificate; and a copy of the decision on appointment or recognition of the head of the intermediate school, vocational education center or enterprise.

A competent person’s document on relocation of the head office or a branch or a training place, for the case specified in Clause 5, Article 18 of this Decree, or a competent person’s document on establishment of a new branch, for the case specified in Clause 6, Article 18 of this Decree.

3. A dossier of registration for additional vocational education activities for the case specified in Clause 8, Article 18 of this Decree must comprise:

a/ A written registration for additional vocational education activities;

b/ A copy of the decision on renaming of the vocational education institution or institution engaged in vocational education activities.

4. A dossier of registration for additional vocational education activities for the case specified in Clause 9, Article 18 of this Decree must comprise:

A written request for cessation of admission or reduction of admission limit of registered training majors stated in the registration certificate of vocational education activities, clearly stating the plan to ensure interests of teachers, lecturers, administration officers, staff and employees, asset disposal plan, and plan for performance of financial obligations and its implementation roadmap.

Article 20.Order, procedures and conditions for registration and competence to grant registration certificates of additional vocational education activities

1. The order and procedures for registration for additional vocational education activities are as follows:

a/ For the cases specified in Clauses 1, 2, 3 and 4, Article 18 of this Decree, the order and procedures for registration for additional vocational education activities are as the same as those specified in Article 17 of this Decree;

b/ For the case specified in Clauses 5, 6 and 7, Article 18 of this Decree, the order and procedures for registration for additional vocational education activities are as follows:

In case a vocational education institution or an institution engaged in vocational education activities is moved to another place within the province or centrally run city where its head office is located, the order and procedures for registration for additional vocational education activities prescribed in Article 17 of this Decree shall apply.

In case a college or university is moved to another place outside the province or centrally run city where its head office is located, the order and procedures for registration for additional vocational education activities prescribed in Clause 1, Article 17 of this Decree shall apply.

In case a vocational education center, an intermediate school or an enterprise is relocated to another place outside the province or centrally run city where its head office is located, the order and procedures for registration for additional vocational education activities prescribed in Clause 2, Article 17 of this Decree shall apply, and a written notice thereof shall be sent to the provincial-level Department of Labor, War Invalids and Social Affairs that has issued the registration certificate of vocational education activities to such center, school or enterprise.

c/ For the case specified in Clause 8, Article 18 of this Decree, the order and procedures for registration for additional vocational education activities are as follows:

Vocational education institutions or institutions engaged in vocational education activities shall send dossiers to agencies that have the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree.

Within 5 working days after receiving a valid dossier, the agency that has the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree shall grant a registration certificate of additional vocational education activities. If refusing to grant such certificate, within 2 working days, it shall issue a written reply clearly stating the reason.

d/ For the case specified in Clause 9, Article 18 of this Decree:

Vocational education institutions or institutions engaged in vocational education activities shall send their dossiers to agencies that have the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree.

Within 10 working days after receiving a valid dossier, the agency that has the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree shall decide on cessation of admission or grant a registration certificate of additional vocational education activities. If refusing to issue such decision or grant such certificate, that agency shall, within 5 working days, issue a written reply clearly stating the reason.

2. The conditions for the grant of, and the competence to grant, registration certificates of additional vocational education activities are as the same as those prescribed in Articles 14 and 16 of this Decree.

3. A registration certificate of additional vocational education activities shall be made according to the form in Appendix VIII to this Decree.

Section 3

SUSPENSION OF VOCATIONAL EDUCATION ACTIVITIES, REVOCATION OF REGISTRATION CERTIFICATES OF VOCATIONAL EDUCATION ACTIVITIES

Article 21.Procedures for suspension of vocational education activities

1. Agencies that have the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree shall carry out inspection to assess the severity of violations specified in Clause 1, Article 20 of the Law on Vocational Education committed by vocational education institutions or institutions engaged in vocational education activities.

2. Depending on the severity of a violation committed by a vocational education institution or an institution engaged in vocational education activities, the agency that has the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree shall decide on suspension of vocational education activities.

A suspension decision must clearly state the reason for suspension, duration of suspension and measures to ensure lawful interests of students, teachers, lecturers, administration officers, staff and employees. This decision shall be informed to relevant agencies for coordinated implementation and announced publicly in the mass media.

After the suspension period, if the causes of suspension are remedied, the competent agency that has issued the suspension decision shall issue a decision to permit resumption of vocational education activities.

Article 22.Revocation of registration certificates of vocational education activities

1. A vocational education institution or an institution engaged in vocational education activities shall have its registration certificate of vocational education activities revoked in the following cases:

a/ It commits fraudulent acts for the purpose of obtaining the registration certificate;

b/ It seriously violates regulations on organization of vocational education activities;

c/ It fails to remedy causes of suspension of admission in the suspension period;

d/ It commits a violation of the law on vocational education which is subject to revocation of registration certificate;

dd/ It dissolves in accordance with law;

e/ Other cases as prescribed by law.

2. The agency that has the competence to grant registration certificates of vocational education activities specified in Article 16 of this Decree has the competence to revoke such certificates according to the following order and procedures:

a/ It shall organize examination and assessment of the severity of the violation and identify the reason for revocation of the registration certificate;

b/ Within 10 working days after receiving the results of examination and assessment of the severity of the violation and the reason for revocation, it shall issue a decision on revocation and inform this decision to relevant authorities for coordinated implementation, and publicly post this decision on its website;

c/ Within 5 working days after receiving the decision on revocation of its registration certificate, the vocational education institution or institution engaged in vocation education activities shall hand over this certificate to the competent agency in charge of revocation and concurrently terminate all vocational education activities under the certificate as soon as the revocation decision takes effect.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23.Transitional provisions

1. Agencies, organizations and individuals that send dossiers of request for establishment or permission for establishment of vocational training establishments, intermediate schools or colleges to competent authorities under Law No. 76/2006/QH11 on Vocational Training or Law No. 38/2005/QH11 on Education, which was amended and supplemented under Law No. 44/2009/QH12, or Law No. 08/2012/QH13 on Higher Education, shall complete their dossiers of request for establishment or permission for establishment of vocational education institutions and submit them to competent authorities under this Decree.

2. Vocational training institutions, intermediate schools, colleges, universities and enterprises that have submitted dossiers of registration for vocational training activities, for additional vocational training activities or for intermediate- or college-level training to competent authorities under Law No. 76/2006/QH11 on Vocational Training, Law No. 38/2005/QH11 on Education which was amended and supplemented under Law No. 44/2009/QH12, or Law No. 08/2012/QH13 on Higher Education, shall complete their dossiers of application for registration certificates of vocational education activities and submit them to competent authorities under this Decree.

3. In case the name of the specialized agency that assists the Minister of Labor, War Invalids and Social Affairs in performing the state management of vocational education (the General Directorate of Vocational Training) is changed, the new name shall apply.

Article 24.Organization of implementation

1. The Ministry of Labor, War Invalids and Social Affairs performing the state management of vocational education shall:

a/ Determine trained standard professional qualifications and skills for teachers of different vocational education levels, standard facilities of vocational education institutions by major; the list of essential equipment meeting training requirements of each training level and major; and the process of  compilation, assessment and issuance of training programs;

b/ Decide on establishment and permission for establishment, division, separation, merger, dissolution and renaming of colleges; decide on establishment, permission for establishment and termination of operation of branches of colleges under this Decree;

c/ Inspect and examine the satisfaction of conditions for investment and operation in vocational education, and handle violations under this Decree and relevant legal documents.

2. Ministries and central bodies of socio-political organizations shall direct, examine and summarize the implementation of regulations on conditions for investment and operation in vocational education under their respective management and send reports thereon to the General Directorate of Vocational Training.

3. The General Directorate of Vocational Training shall:

a/ Receive dossiers of request for establishment or permission for establishment, division, separation, merger, dissolution and renaming of colleges; receive dossiers of request for establishment and permission for establishment and termination of operation of branches of colleges; and perform registration for vocational education activities of colleges and universities under this Decree;

b/ Inspect and examine the implementation of regulations on conditions for investment and operation in vocational education by vocational education institutions and institutions engaged in vocational education activities, and handle violations under this Decree and relevant legal documents.

4. Provincial-level People’s Committees shall:

a/ Decide on establishment and permission for establishment, division, separation, merger, dissolution and renaming of public vocational education centers and intermediate schools directly attached to the provincial-level People’s Committees, and of private vocational education centers and intermediate schools in their localities; and establishment and permission for establishment, and termination of operation of branches of public intermediate schools directly attached to the provincial-level People’s Committees, and of private intermediate schools in their localities under this Decree;

b/ Direct the provincial-level Departments of Labor, War Invalids and Social Affairs and related agencies under the provincial-level People’s Committees to inspect and examine the implementation of regulations on conditions for investment and operation in vocational education, and handle violations under this Decree and relevant legal documents.

5. Provincial-level Departments of Labor, War Invalids and Social Affairs shall:

a/ Receive dossiers of request for establishment or permission for establishment, division, separation, merger, dissolution and renaming of public vocational education centers and intermediate schools directly attached to the provincial-level administrations, and private vocational education centers and intermediate schools in their localities; receive dossiers for establishment or permission for establishment or termination of operation of branches of public intermediate schools directly attached to the provincial-level administrations, and private intermediate schools in their localities; and perform registration for vocational education activities within their competence stipulated in this Decree;

b/ Inspect and examine the implementation of regulations on conditions for investment and operation in vocational education, and handle violations committed by vocational education institution and institutions engaged in vocational education activities within their competence under this Decree and relevant legal documents;

c/ Biannually and annually review the implementation of regulations on conditions for investment and operation in vocational education within their provinces or centrally run cities and send reports thereon to the General Directorate of Vocational Training.

6. Vocational education institutions and institutions engaged in vocational education activities shall:

a/ Register for vocational education activities under this Decree within 36 months from the effective date of the decisions on their establishment or permission for their establishment, for intermediate schools and colleges; or within 24 months from the effective date of the decisions on their establishment or permission for their establishment, for vocational education centers;

b/ Within 24 months after receiving its registration certificate of vocational education activities granted by a competent authority under this Decree, a vocational education institution shall commence training activities according to that certificate;

c/ When making any change in the content of its registration certificate, an institution shall register for additional vocational education activities with a competent authority under this Decree;

d/ Publicly announce in the mass media their registration certificates of vocational education activities or registration certificates of additional vocational education activities granted by competent authorities.

Article 25.Effect

1. This Decree takes effect on October 14, 2016.

2. The following legal documents cease to be effective on the effective date of this Decree:

a/ The Minister of Labor, War Invalids and Social Affairs’ Circular No. 24/2011/TT-BLDTBXH of September 21, 2011, on establishment, permission for establishment, division, separation, merger and dissolution of vocational colleges, vocational intermediate schools and vocational training centers;

b/ The Minister of Labor, War Invalids and Social Affairs’ Circular No. 29/2011/TT-BLDTBXH of October 24, 2011, on registration for vocational training activities;

c/ The Minister of Labor, War Invalids and Social Affairs’ Circular No. 25/2015/TT-BLDTBXH of July 13, 2015, on registration for vocational education activities, grant and revocation of registration certificates of vocational education activities and suspension of basic vocational education activities.

3. To annul Articles 7 and 8 of the College Charter promulgated together with the Minister of Education and Training’s Circular No. 01/2015/TT-BGDDT of January 15, 2015.

4. To annul Chapter II and Article 30 of the Vocational Intermediate School Charter promulgated together with the Minister of Education and Training’s Circular No. 54/2011/TT-BGDDT of November 15, 2011.

5. To annul the provisions on conditions, order and procedures for establishment, merger, division, separation, operation suspension and dissolution of colleges in the Minister of Education and Training’s Circular No. 14/2009/TT-BGDDT of May 28, 2009, promulgating the College Charter; Article 1 of the Minister of Education and training’s Circular No. 43/2011/TT-BGDDT of October 4, 2011, amending and supplementing a number of articles of Circular No. 14/2009/TT-BGDDT and Decision No. 37/2000/QD-BGD&DT of August 29, 2000, promulgating the provisional Regulation on Community Colleges.

6. To remove the phrase “phan hieu” (branch) in Clause 3, Article 3 of the Minister of Labor, War Invalids and Social Affairs’ Circular No. 57/2015/TT-BLDTBXH of December 25, 2015, on the Charter of Vocational Education Centers.

7. To annul the provisions on college level and colleges; Article 3; and Point b, Clause 3, and Point b, Clause 5, Article 6 of the Minister of Education and Training’s Circular No. 08/2011/TT-BGDDT of February 17, 2011, on conditions, dossiers, and process for training of majors, cessation of admission and revocation of decisions on college- and university-level training.

Article 26.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and relevant agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* All appendices to this Decree are not translated.