Decree No. 15/2019/ND-CP detailing the Law on Vocational Education

DECREE

Detailing a number of articles of, and providing measures to implement, the Law on Vocational Education^[1]

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

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

Pursuant to the November 26, 2014 Law on Investment; and the Law Amending and Supplementing Article 6 of and Appendix 4 to the Law on Investment on the List of conditional investment and business lines;

Pursuant to the November 26, 2014 Law on Enterprises;

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

The Government promulgates the Decree detailing a number of articles of, and providing measures to implement, the Law on Vocational Education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details a number of articles of, and provides measures to implement, the Law on Vocational Education, covering:

a/ Competence for and contents of state management of vocational education;

b/ Permission for establishment, division, separation, merger, dissolution or renaming of foreign-invested vocational education institutions; permission for establishment or termination of operation of divisions of foreign-invested intermediate schools and colleges;

c/ Conditions, competence and procedures for grant of registration certificates of joint training with foreign parties;

d/ Conditions for establishment and termination of operation of Vietnam-based representative offices of foreign vocational education organizations and institutions;

dd/ Conditions, competence and procedures for establishment and recognition of not-for-profit private or foreign-invested vocational education institutions;

e/ Rights and responsibilities of enterprises in vocational education activities.

2. Other forms of international cooperation specified in Article 47 of the Law on Vocational Education must comply with Vietnam’s laws, foreign laws or international agreements and treaties to which Vietnam is a contracting party.

3. Foreign-invested vocational education institutions shall register vocational education activities under the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, prescribing conditions for investment and operation in the field of vocational education, and relevant amending documents.

4. This Decree does not apply to:

a/ The state management of pedagogic intermediate schools and colleges;

b/ The permission for establishment, division, separation, merger, dissolution or renaming of foreign-invested pedagogic intermediate schools and colleges; permission for establishment or termination of operation of divisions of foreign-invested pedagogic intermediate schools and colleges;

c/ The grant of registration certificates of joint training with foreign parties, for the group of teacher training disciplines falling under the state management by the Ministry of Education and Training.

Article 2. Subjects of application

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

2. Higher education institutions that have registered vocational education for collegial degree, and enterprises that have registered vocational education for primary degree (below collectively referred to as institutions with vocational education activities).

3. Ministries, ministerial-level agencies, and government-attached agencies; socio-political organizations; People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees); People’s Committees of rural districts, urban districts, towns and provincial cities (below collectively referred to as district-level People’s Committees); and People’s Committees of communes, wards and townships (below collectively referred to as commune-level People’s Committees).

4. Vietnamese and foreign agencies, organizations, enterprises and individuals involved in the activities mentioned in Clauses 1, 2 and 3, Article 1 of this Decree.

Chapter II

COMPETENCE FOR AND CONTENTS OF STATE MANAGEMENT OF VOCATIONAL EDUCATION

Article 3. Agencies in charge of state management of vocational education

1. The Ministry of Labor, Invalids and Social Affairs is answerable to the Government for the state management of vocational education.

2. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of vocational education in their localities.

Article 4. Competence for and contents of state management of vocational education of the Ministry of Labor, Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs shall perform the state management of vocational education in accordance with the Law on Vocational Education, this Decree and relevant legal documents, and perform the following tasks:

1. To draw up and promulgate the list of heavy, hazardous and dangerous sectors and occupations; the list of sectors and occupations in which it is hard to enroll trainees but labor is demanded by the society. To promulgate techno-economic norms, minimum knowledge amount and capacity required for trainees after completing intermediate or collegial training in each sector or occupation, for national key sectors and occupations; heavy, hazardous and dangerous sectors and occupations in which it is hard to enroll trainees but labor is demanded by the society; sectors and occupations in which training orders are placed or training tasks assigned by state management agencies, and specialties and special occupations to meet socio-economic development, national defense and security requirements.

2. To manage the Vietnamese Qualifications Framework applicable to vocational education qualifications. To assume the prime responsibility for, and coordinate with other agencies in, organizing comparisons between vocational education qualifications under the Vietnamese Qualifications Framework and the ASEAN Qualifications Reference Framework and vocational education qualifications of other national qualifications frameworks.

3. To set out the system of minimum forms in training; to provide model graduation diplomas and certificates and regulations on management of vocational education diplomas and certificates for all degrees; to develop and manage an online database on grant of vocational education diplomas and certificates.

4. To prescribe regular training; job training, training and refresher courses for improvement of occupational qualifications and skills; to train and update knowledge and skills and improve occupational capacity for laborers, and provide job training for rural laborers. To draft and submit to competent authorities for promulgation regulations on sending of Vietnamese students overseas for vocational training and admission of foreigners to Vietnamese vocational education institutions.

5. To set standards of heads of vocational education institutions; professional standards and working regime of vocational education teachers; standards of holders of leading titles of vocational education institutions; criteria for evaluation of heads of vocational education institutions; and professional training and refresher programs for vocational education teachers and administrators; and forms of, and regulations on, management and grant of professional training certificates for vocational education teachers and administrators. To guide plans on development of the pool of vocational education teachers and administrators; to organize examinations for promotion of professional titles of vocational education employees and confer honorary titles on vocational education teachers in accordance with law.

6. To promulgate regulations on student affairs; to prescribe the organization of physical training, sports, physical education, school health, cultural, environmental protection, and crime and social evil prevention and combat activities in vocational education institutions; to prescribe the integration of support knowledge and skills education for students in vocational education institutions. To guide physical foundations to serve national defense and security education, physical education and sports activities in vocational education institutions; to promulgate regulations on management and grant of national defense and security education certificates for students in vocational education institutions. To guide scholarship policies, vocational consultation and orientation, job placement and assistance for startup students.

7. To draft and submit to competent authorities for promulgation regulations on conditions, procedures and competence for grant, re-grant and revocation of certificates of eligibility for inspection of vocational education quality; to terminate inspection activities; to prescribe responsibilities and powers of inspection organizations; to set criteria, standards, process and cycle of inspection; to grant and revoke certificates of satisfaction of inspection standards; to prescribe standards, tasks and powers of inspectors; to evaluate conditions for the grant of inspector cards, manage, grant and revoke inspector cards, and organize training and refresher courses for inspectors; to prescribe the building of a system to ensure quality of vocational education institutions; to formulate a mechanism for ensuring vocational education quality, and build and operate the national vocational education quality assurance framework. To develop and manage the online national database and ensure and inspect vocational education quality.

8. To coordinate with related ministries and sectors in guiding the organization of training, grant of certificates and accreditation of equivalence of information technology application certificates in vocational education.

9. To organize information, communication, dissemination of, and education about, the law on vocational education; to carry out the statistical and information work and develop a database on vocational education; to organize  scientific and technological research, popularization and application and vocational education-related production, business and service activities.

10. To guide and inspect operations of societies, associations and non-governmental organizations in vocational education in accordance with law.

11. To manage and organize international cooperation on vocational education in accordance with law.

12. To guide the organization of teaching skills contests and other contests at all levels; to organize national teaching skills contests and other national contests and participate in regional and international skills contests.

13. To inspect and examine the observance of the law on vocational education; to settle complaints and denunciations about and handle violations of the law on vocation education in accordance with law.

14. To perform other tasks and exercise other powers in accordance with law.

Article 5. Competence for and contents of state management of vocational education of ministries, ministerial-level agencies and government-attached agencies

Ministries, ministerial-level agencies and government-attached agencies shall coordinate with the Ministry of Labor, Invalids and Social Affairs in performing the state management of vocational education in accordance with the Law on Vocational Education, this Decree and other relevant legal documents, and perform the following tasks:

1. To coordinate with the Ministry of Labor, Invalids and Social Affairs in drawing up the list of sectors and occupations in which collegial and intermediate training is provided; to elaborate techno-economic norms and draw up the list of minimum training equipment and physical foundations to meet requirements of each training level for specialties and special occupations.

2. To assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs in, guiding the implementation of professional contents in training and refresher programs and organizing training and refresher courses for teachers and education administrators for specialties and special occupations under their management.

Article 6. Competence for and contents of state management of vocational education of provincial-level People’s Committees

Provincial-level People’s Committees shall take responsibility before the Government for the development of vocational education, performing the state management of vocational education in their localities in accordance with the Law on Vocational Education, this Decree and relevant legal documents, and perform the following tasks:

1. To formulate local vocational education development plans, then submit them to provincial-level People’s Councils and organize the implementation thereof after they are approved; to ensure conditions on budget, pool of teachers, administrators, public employees and workers, physical foundations and training equipment of their attached public vocational education institutions.

2. To direct the organization of training in high-quality sectors and occupations; to organize the elaboration and approval of techno-economic norms, norms of expenses for primary-degree training and under-3-month training for sectors and occupations in which training orders are placed or training tasks assigned by their localities; to place training orders or assign training tasks to local vocational education institutions.

3. To manage or decentralize powers for management of their attached colleges and intermediate schools and territory-based management of vocational education institutions attached to ministries, ministerial-level agencies, government-attached agencies and socio-political organizations, and local private and foreign-invested vocational education institutions.

4. To manage and inspect the implementation of professional standards of vocational education teachers and leading title holders; to guide and direct the planning of training, retraining and use of vocational education teachers and administrators under regulations.

5. To guide and direct locally managed public vocational education institutions in developing working positions and structuring public employees according to their occupational titles; to inspect the implementation of the mechanism of financial, organizational and personnel autonomy and accountability by their attached vocational education institutions in accordance with law.

6. To organize the implementation of vocational training support policies and guidelines on mobilization of all social resources for vocational education in their localities.

7. To direct the cooperation between enterprises and vocational education institutions in their localities; to adopt policies to encourage enterprises to place training orders to vocational education institutions.

8. To organize the making of statistics and provision of information on vocational education organization and activities and international cooperation on vocational education in accordance with law.

9. To submit to provincial-level People’s Councils for decision the estimation, allocation and finalization of funds for vocational education under current regulations.

10. To inspect and examine the implementation of the law on vocational education in their localities according to their competence; to settle complaints and denunciations about and handle violations in vocational education in accordance with law.

11. To ask for advices of provincial-level Departments of Labor, Invalids and Social Affairs on the performance of state management of vocational education in their localities.

12. To perform other tasks and exercise other powers in accordance with law.

Article 7. Competence for and contents of state management of vocational education of district-level People’s Committees

District-level People’s Committees shall, within the ambit of their functions, tasks and powers, perform the state management of vocational education according to their competence and take responsibility before provincial-level People’s Committees for the development of vocational education in their localities under this Decree.

Article 8. Competence for and contents of state management of vocational education of commune-level People’s Committees

Commune-level People’s Committees shall, within the ambit of their functions, tasks and powers, perform the state management of vocational education according to their competence and take responsibility before higher-level People’s Committees for the development of vocational education in their localities under this Decree.

Chapter III

CONDITIONS, COMPETENCE AND PROCEDURES FOR PERMITTING THE ESTABLISHMENT, DIVISION, SEPARATION, MERGER, DISSOLUTION OR RENAMING OF FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS; OR PERMITTING THE ESTABLISHMENT AND TERMINATION OF OPERATION OF DIVISIONS OF FOREIGN-INVESTED INTERMEDIATE SCHOOLS AND COLLEGES

Section 1

CONDITIONS, COMPETENCE AND PROCEDURES FOR PERMITTING THE ESTABLISHMENT OF FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS AND DIVISIONS OF FOREIGN-INVESTED INTERMEDIATE SCHOOLS AND COLLEGES

Article 9. Conditions for permitting the establishment of a foreign-invested vocational education institution

1. Having an establishment plan in line with the master plan on the network of vocational education institutions of Vietnam.

2. Having been granted an investment registration certificate (for cases where foreign investors are required to carry out the procedures for grant of investment registration certificates in accordance with the investment law).

3. Having a location for building its physical foundations of a land area of at least 1,000 m², for vocational education centers; 10,000 m², for intermediate schools in urban areas, or 20,000 m², for intermediate schools in non-urban areas; 20,000 m², for colleges in urban areas, or 40,000 m², for colleges in non-urban areas.

4. Having an amount of investment capital formed from lawful sources, excluding land value, of:

a/ At least VND 5 (five) billion, for vocational education centers;

b/ At least VND 50 (fifty) billion, for intermediate schools;

c/ At least VND 100 (one hundred) billion, for colleges.

5. Having a training program:

a/ A tentative training program must meet the requirements prescribed in Clause 1, Article 34 of the Law on Vocational Education; have no contents detrimental to national defense and security and public interests; neither propagate religions nor distort history; exert no bad impacts on culture, morality or fine traditions and customs of Vietnam;

b/ Foreign-invested vocational education institutions may use Vietnamese training programs or foreign training programs within the framework of programs on joint training with foreign partners under regulations;

c/ Mandatory subjects for Vietnamese citizens who study under foreign training programs in foreign-invested intermediate schools or colleges must comply with regulations of the Ministry of Labor, Invalids and Social Affairs.

6. Having specific projections of organizational structure, physical foundations, training equipment, training programs and materials, teachers and administrators suitable to the conditions for registration of vocational education activities under Article 14 of the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, prescribing conditions for investment and operation in the field of vocational education, and this Decree.

Article 10. Conditions for permitting the establishment of foreign-invested vocational education institutions for people with disabilities

The establishment of a foreign-invested vocational education institution for people with disabilities must satisfy the conditions prescribed in Article 9 of this Decree and those prescribed in Clause 3, Article 18 of the Law on Vocational Education.

Article 11. Conditions for permitting the establishment of a division of a foreign-invested intermediate school or college

1. Having a plan on establishment of the division, clearly stating the necessity of the establishment, name, scope of operation, building and development plan, sectors and occupations in which vocational education is to be provided, training level and scale corresponding to each stage of development of the division, and supporting proofs.

2. Having a contract or an in-principle agreement on rent of suitable and stable physical foundation for at least 5 years.

3. Having an investment ratio of at least 25% of the ratio specified at Point a, b or c, Clause 4, Article 9 of this Decree.

Article 12. Dossiers of request for permission for the establishment of foreign-invested vocational education institutions and divisions of foreign-invested intermediate schools and colleges

1. A dossier of request for permission for the establishment of a foreign-invested vocational education institution shall be made in one set which must comprise:

a/ A written request for permission for the establishment, made according to Form No. 1A in the Appendix to this Decree;

b/ A copy of the investment registration certificate (for foreign investors that are required to carry out the procedures for grant of investment registration certificates in accordance with the investment law);

c/ An establishment plan, made according to Form No. 1B in the Appendix to this Decree;

d/ A copy of the land use rights and house ownership certificate or the land lessor’s written approval of land rent, clearly indicating the address, area and boundaries of the land plot and in-principle agreement on rent of available physical foundations in accordance with law and relevant legal papers which remain valid for at least 5 years from the date of sending the dossier;

dd/ Papers evidencing the financial capacity as prescribed in Clause 4, Article 9 of this Decree.

2. In case there are 2 or more foreign investors or individuals contributing capital or in case of a joint venture between a domestic investor and a foreign investor, in addition to the dossier prescribed in Clause 1 of this Article, the following documents are required:

a/ Copies of documents of title of assets being capital contributions by the foreign organization or individual or joint-venture parties requesting permission for the establishment of the foreign-invested vocational education institution, enclosed with a document on asset valuation;

b/ A document on appointment of a representative under whose name the foreign-invested vocational education institution is to be established;

c/ A list of joint-venture parties committing to contributing capital, form of capital contribution, and a written record of capital contribution.

3. A dossier of request for permission for the establishment of a division of a foreign-invested intermediate school or college shall be made in one set which must comprise:

a/ A written request for permission for the establishment, made according to Form No. 1A in the Appendix to this Decree;

b/ An establishment plan, made according to Form No. 1B in the Appendix to this Decree;

c/ Copies of legal papers evidencing physical foundations and financial capacity as specified in Clauses 2 and 3, Article 11 of this Decree.

Article 13. Competence to permit the establishment of foreign-invested vocational education institutions and divisions of foreign-invested intermediate schools and colleges

1. The Minister of Labor, Invalids and Social Affairs shall permit the establishment of foreign-invested colleges or their divisions.

2. Chairpersons of provincial-level People’s Committees shall permit the establishment of vocational education centers and foreign-invested intermediate schools or their divisions.

Article 14. Procedures for permission for the establishment of foreign-invested vocational education institutions

1. Order

a/ A requester for permission for the establishment of a foreign-invested vocational education institution shall make a dossier prescribed in Clause 1 or 2, Article 12 of this Decree, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for the establishment of colleges; or to the provincial-level Department of Labor, Invalids and Social Affairs, for the establishment of vocational education centers and intermediate schools;

b/ The Directorate of Vocational Education and Training or provincial-level Department of Labor, Invalids and Social Affairs shall receive and examine the dossier of request for permission for the establishment of a vocational education institution. In case the dossier is invalid, within 5 working days after receiving it, the dossier-receiving agency shall reply in writing the requester, clearly stating the reason for its refusal to give permission;

c/ Within 3 working days after receiving a valid dossier of request for permission for the establishment of a foreign-invested vocational education institution, the Directorate of Vocational Education and Training or provincial-level Department of Labor, Invalids and Social Affairs shall send such dossier to the appraisal council for appraisal;

d/ The appraisal of a dossier of request for permission for the establishment of a foreign-invested vocational education institution must comply with Clause 2, Article 8 of the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, prescribing the conditions for investment and operation in the field of vocational education. Within 15 working days after receiving a dossier, the appraisal council shall appraise it and notify appraisal results;

dd/ Within 10 working days after a dossier of request for permission for the establishment of a foreign-invested vocational education institution which is completed based on conclusions of the appraisal council, the dossier-receiving agency shall propose a competent person specified in Article 13 of this Decree to issue a decision permitting the establishment of the foreign-invested vocational education institution, made according to Form No. 1C in the Appendix to this Decree.

2. Time limit for sending a decision permitting the establishment of a foreign-invested vocational education institution

a/ Within 2 working days after issuing a decision permitting the establishment of a foreign-invested college, the Directorate of Vocational Education and Training shall send it to the provincial-level People’s Committee of the locality where such college is to be located for monitoring and management, and notify on its website;

b/ Within 2 working days after issuing a decision permitting the establishment of a foreign-invested vocational education center or intermediate school in its locality, the  provincial-level People’s Committee shall send it to the Directorate of Vocational Education and Training for monitoring and management, and notify such decision on its website.

Article 15. Procedures for permission for the establishment of divisions of foreign-invested intermediate schools or colleges

1. Order

a/ A foreign-invested intermediate school or college that requests permission for the establishment of a division shall make a dossier prescribed in Clause 3, Article 12 of this Decree, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for the establishment of a college’s division; or to the provincial-level Department of Labor, Invalids and Social Affairs, for the establishment of an intermediate school’s division;

b/ Within 10 working days after receiving a complete and valid dossier of request for permission for the establishment of a foreign-invested intermediate school’s or college’s division, the dossier-receiving agency shall propose a competent person specified in Article 13 of this Decree to issue a decision permitting the establishment of such division, made according to Form 1C in the Appendix to this Decree. In case the dossier is invalid, within 3 working days after receiving it, the dossier-receiving dossier shall reply in writing the requester, clearly stating the reason for its refusal to give permission;

2. Time limit for sending a decision permitting division establishment

a/ Within 2 working days after issuing a decision permitting the establishment of a foreign-invested college’s division, the Directorate of Vocational Education and Training shall send it to the provincial-level People’s Committees of the localities where such college is located and its division is to be located for monitoring, management and notification thereof on its website;

b/ Within 2 working days after issuing a decision permitting the establishment of a foreign-invested intermediate school’s division in its locality, the provincial-level People’s Committee shall send it to the Directorate of Vocational Education and Training for monitoring and management, and notify such decision on its website.

Article 16. Procedures for operation registration, and operation duration

1. Procedures and dossiers for registration of vocational education operation for foreign-invested vocational education institutions must comply with Sections 1 and 2, Chapter III of the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, prescribing the conditions for investment and operation in the field of vocational education.

2. The operation duration of a foreign-invested vocational education institution is up to 50 years from the date of issuance of the decision permitting its establishment.

3. In case of necessity, a foreign-invested vocational education institution that wishes to have its operation duration longer than that prescribed in Clause 2 of this Article shall report such to the Prime Minister for decision.

Section 2

DOSSIERS AND PROCEDURES FOR DIVISION, SEPARATION, MERGER, DISSOLUTION OR RENAMING OF FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS; TERMINATION OF OPERATION OF DIVISIONS OF FOREIGN-INVESTED INTERMEDIATE SCHOOLS OR COLLEGES

Article 17. Division, separation or merger of foreign-invested vocational education institutions

1. Principles of the division, separation or merger of foreign-invested vocational education institutions

a/ Being in line with the master plan on the network of vocational education institutions approved by the competent state management agency;

b/ Ensuring interests of their students, teachers, lecturers, administrators, staff members and other employees;

c/ New vocational education institutions formed from the division, separation or merger must fully satisfy the conditions prescribed in Article 9 of this Decree.

2. A dossier of request for division, separation or merger of a foreign-invested vocational education institution shall be made in one set which must comprise:

a/ The institution owner’s written request for division, separation or merger of a foreign-invested vocational education institution, clearly stating the reason for and purpose of the division, separation or merger; head office, divisions and training places of the institution after the merger and the new head office of the institution after the division or separation;

b/ A minutes of the meeting of the capital-contributing or joint-venture parties on the division, separation or merger of the institution;

c/ One of the following papers:

A merger contract signed by at-law representatives of involved vocational education institutions. Such contract must have the following principal contents: name and head office address of the merging vocational education institution; name and head office address of the merged vocational education institution; merger procedures and conditions; plans for students, teachers, administrators, staff members and employees; time limit, procedures and conditions for conversion of assets and capital contribution portions of the merged vocational education institution into capital contribution portions of the merging vocational education institution, and time limit for completion of the merger.

A scheme on division or separation of the foreign-invested vocational education institution approved by its owner. Such scheme must comply with current regulations and have information on the name and location of the divided or separated institution; name and location of the institution after the division or separation; principles and procedures for division or separation of assets; plans for students, teachers, administrators, staff members and employees of the institution; time limit and procedures for conversion of capital contribution portions of the divided or separated institution into those of the newly established ones; principles of settlement of obligations of the divided or separated institution; and time limit for completion of the division or separation. Such scheme shall be sent to all creditors (if any) and notified to students, teachers, administrators, administrators, staff members and employees of the institution within 30 days after it is approved.

3. Competence to decide on the division, separation or merger of foreign-invested vocational education institutions:

Persons competent to permit the establishment of foreign-invested vocational education institutions defined in Article 13 of this Decree may decide to permit the division, separation or merger of such institutions.

4. Procedures for division, separation or merger of foreign-invested vocational education institutions

a/ Order

A requester for the division, separation or merger of a foreign-invested vocational education institution shall make a dossier prescribed in Clause 2 of this Article, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for colleges; or to the provincial-level Department of Labor, Invalids and Social Affairs, for vocational education centers or intermediate schools;

Within 10 working days after receiving a complete and valid dossier, the Directorate of Vocational Education and Training shall collect opinions of the provincial-level People’s Committee of the locality where the head office of the foreign-invested college is located when it is merged, divided or separated; the Directorate of Vocational Education and Training or the provincial-level Department of Labor, Invalids and Social Affairs shall examine and submit the dossier to the competent person specified in Article 13 of this Decree for issuing a decision permitting the division, separation or merger, made according to Form No. 2A in the Appendix to this Decree;

In case the dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall reply such in writing to the requester, clearly stating the reason for its refusal to permit the division, separation or merger.

b/ Time limit for sending a decision permitting the division, separation or merger of a foreign-invested vocational education institution

Within 2 working days after issuing a decision permitting the division, separation or merger of a foreign-invested college, the Directorate of Vocational Education and Training shall send it to the provincial-level People’s Committee of the locality where the head offices of the college are located before and after the division, separation or merger for monitoring and management, and notify such decision on its website;

Within 2 working days after issuing a decision permitting the division, separation or merger of a foreign-invested vocational education center or intermediate school in its locality, the provincial-level People’s Committee shall send it to the Directorate of Vocational Education and Training for monitoring and management, and notify such decision on its website.

Article 18. Dissolution of foreign-invested vocational education institutions

1. A foreign-invested vocational education institution shall be dissolved in one of the cases specified in Clause 1, Article 21 of the Law on Vocational Education and are permitted to be dissolved in one of the cases of Clause 2, Article 21 of the Law on Vocational Education.

2. A dossier for dissolution of a foreign-invested vocational education institution under Clause 1, Article 21 of the Law on Vocational Education shall be made in one set which must comprise:

a/ A written request for dissolution made by a competent agency, clearly stating the reason for dissolution;

b/ Inspection or examination conclusions on an act specified at Point a, Clause 1, Article 21 of the Law on Vocational Education;

c/ A competent agency’s decision on suspension of training operation, for an act specified at Point b, Clause 1, Article 21 of the Law on Vocational Education;

d/ A written record of examination by the agency competent to grant certificates of registration of vocational education operation, 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 foreign-invested vocational education institution under Clause 2, Article 21 of the Law on Vocational Education shall be made in one set which must comprise:

a/ A written request for dissolution made by the owner of the institution, clearly stating the reason for dissolution;

b/ A dissolution plan, clearly stating options to settle assets and guarantee interests of students, teachers, administrators and employees of the institution, and to perform its financial obligations as prescribed by law.

4. Competence to permit the dissolution of foreign-invested vocational education institutions

Persons competent to permit the establishment of foreign-invested vocational education institutions defined in Article 13 of this Decree may permit the dissolution of such institutions.

5. Procedures for permitting the dissolution of foreign-invested vocational education institutions

a/ Order:

A foreign-invested vocational education institution shall make a dissolution dossier prescribed in Clause 3 of this Article, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for colleges; or to the provincial-level Department of Labor, Invalids and Social Affairs, for vocational education centers or intermediate schools;

Within 20 working days after receiving a complete and valid dossier, the dossier-receiving agency shall examine it, then submit it the competent person specified in Clause 4 of this Article for consideration and decision on permission for the dissolution. A decision permitting the dissolution of a foreign-invested vocational education institution must state the reason for dissolution and measures to ensure interests of students, teachers, administrators, and employees of the institution, and indicate options to settle assets and perform financial obligations of the institution in accordance with law;

In case a foreign-invested vocational education institution commits one of the violations specified in Clause 1, Article 21 of the Law on Vocational Education, the Directorate of Vocational Education and Training or provincial-level Department of Labor, Invalids and Social Affairs shall make a dossier of request for dissolution prescribed in Clause 2 of this Article and submit it to the competent person defined in Clause 4 of this Article for consideration and issuance of a decision on the dissolution, made according to Form No. 2B in the Appendix to this Decree;

In case the dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall reply such in writing to the dissolution requester, clearly stating the reason.

b/ Time limit for sending a decision permitting the dissolution of a foreign-invested vocational education institution

Within 2 working days after issuing a decision to permit the dissolution of a foreign-invested college, the Directorate of Vocational Education and Training shall send it to the provincial-level People’s Committee of the locality where the head office of the college is located for monitoring and management, and notify such decision on its website;

Within 2 working days after issuing a decision to permit the dissolution of a foreign-invested intermediate school or vocational education center, the provincial-level People’s Committee shall send it to the Directorate of Vocational Education and Training for monitoring and management, and notify such decision on its website.

Article 19. Termination of operation of divisions of foreign-invested colleges and intermediate schools

The termination of operation of divisions of foreign-invested colleges and intermediate schools shall be carried out like the dissolution of foreign-invested vocational education institutions under Article 18 of this Decree.

Article 20. Renaming of foreign-invested vocational education institutions

1. A foreign-invested vocational education institution may be considered to be renamed when its owner or a lawful representative of capital contributors sends a written request for its renaming directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for colleges; or to the provincial-level Department of Labor, Invalids and Social Affairs, for vocational education centers or intermediate schools, clearly stating the reason for the renaming, and the new name.

2. Within 5 working days after receiving a dossier, the person competent to permit the establishment of the foreign-invested vocational education institution shall decide to permit its renaming.

3. After being renamed, a foreign-invested vocational education institution may continue provide training in sectors and occupations for which it has been granted a certificate of vocational education registration by a competent agency.

Chapter IV

CONDITIONS, COMPETENCE AND PROCEDURES FOR GRANT OF CERTIFICATES OF JOINT TRAINING WITH FOREIGN PARTNERS

Article 21. Forms of joint training with foreign partners

1. Joint implementation of training programs wholly in Vietnam:

a/ Training under programs developed by the two parties, and grant of Vietnamese diplomas and certificates;

b/ Training under programs transferred from foreign countries and accredited by international education and training organizations, and grant of Vietnamese diplomas and certificates;

c/ Training under foreign programs or programs developed by the two parties and accredited by international education and training organizations, and grant of foreign diplomas and certificates;

d/ Training under programs transferred from foreign countries and accredited by international education and training organizations, and grant of foreign and Vietnamese diplomas and certificates.

2. Joint implementation of training programs partly in Vietnam and partly in foreign countries:

a/ Training under foreign programs accredited by international education and training organizations, and grant of Vietnamese diplomas and certificates;

b/ Training under foreign programs accredited by international education and training organizations, and grant of foreign diplomas and certificates;

c/ Training under foreign programs or programs developed by the two parties and accredited by international education and training organizations, and grant of Vietnamese and foreign diplomas and certificates.

Article 22. Conditions for joint training with foreign parties

1. Training sectors, occupations and levels

Vocational education institutions and institutions engaged in vocational education activities that cooperate with foreign education and training institutions in the forms of joint training specified in Article 21 of this Decree may carry out joint training in sectors and occupations and at levels of vocational education, except sectors and occupations in the realm of politics, national defense, security or religion, and must ensure their training programs have no contents detrimental to national defense, national security and public interests, propagandizing religions or distorting history, and badly affecting culture, morality and fine customs and traditions of Vietnam.

2. Persons to be enrolled in joint training programs

a/ In case of grant of Vietnamese diplomas and certificates, persons to be enrolled must comply with Vietnam’s law;

b/ In case of grant of foreign diplomas and certificates, persons to be enrolled must comply with foreign laws;

c/ In case of grant of both foreign and Vietnamese diplomas and certificates, persons to be enrolled must comply with Points a and b, Clause 2 of this Article.

3. Physical foundations and training equipment

a/ A vocational education institution must have lecture rooms, laboratories, practice workshops; and have trial production facilities up to standards and meeting teaching, learning and research requirements under the program and scale of each joint training sector or occupation. The average area of a lecture room or practice room or workshop for learning and teaching must be least 0.5 m² per seat;

b/ Training equipment of each joint training sector or occupation must be sufficient as prescribed in training programs and suitable to the training scale of each joint training sector or occupation.

4. Training programs, course books and learning materials

Vocational education institutions and institutions engaged in vocational education activities that provide joint training shall fully provide training programs, course books and learning materials for their students according to requirements of each joint training program.

5. Teachers and administrators must be sufficient in number, suitable to the structure of sectors and occupations, and meet the set standards, specifically as follows:

a/ Teachers of joint training programs specified at Points a and b, Clause 1, and Point a, Clause 2, Article 21 of this Decree must possess at least trained standard qualifications prescribed in Article 54 of the Law on Vocational Education, or be craftsmen or highly skilled persons;

b/ Teachers of joint training programs specified at Point c, Clause 1, and Point b, Clause 2, Article 21 of this Decree must meet the standards set by joint training programs or standards of countries whose training institutions provide joint training with Vietnamese vocational education institutions;

c/ Teachers of joint training programs specified at Point d, Clause 1, and Point c, Clause 2, Article 21 of this Decree must meet the standards prescribed at Points a and b, Clause 5 of this Article;

d/ Teachers of joint training programs who lecture in foreign languages must possess foreign language qualifications meeting the requirements of these programs as agreed upon by joint training parties. Foreign teachers teaching foreign languages at vocational education institutions must possess university or higher degree and appropriate foreign language teaching certificates;

dd/ Foreign teachers of joint training programs must meet the conditions prescribed by the law on foreign workers in Vietnam;

e/ The student-teacher ratio must not exceed 25.

6. Language used for teaching and learning:

a/ Teaching and learning specialized subjects under a joint training program for grant of Vietnamese or foreign diplomas and certificates may be carried out in Vietnamese or a foreign language, or through an interpreter;

b/ Students of joint training programs for grant of foreign diplomas must possess foreign language skills as required by joint training parties which must be of at least level 3 under Vietnam’s six-level framework of reference for foreign languages or equivalent;

c/ Based on students’ demands, joint training parties may organize foreign-language training courses to help students attain the level prescribed at Point b, Clause 6 of this Article.

Article 23. Joint vocational training registration dossiers

A joint vocational training registration dossier shall be made in one set comprising:

1. A written registration of joint training operation signed by joint training parties, made according to Form No. 3A in the Appendix to this Decree.

2. A report on joint training assurance conditions, made by joint training parties according to Form No. 3B in the Appendix to this Decree.

3. Copies of documents proving Vietnamese and foreign vocational education institutions’ eligibility for training in the field of joint training.

4. A copy of the quality accreditation certificate, for foreign training programs or foreign vocational education institutions, or of the quality recognition paper of a competent agency.

Article 24. Competence to grant joint training registration certificates

1. The Director General of the Directorate of Vocational Education and Training may grant joint training registration certificates for colleges and higher education institutions.

2. Directors of provincial-level Departments of Labor, Invalids and Social Affairs of the localities where vocational education institutions provide joint training may grant joint training registration certificates for intermediate schools, vocational education centers and enterprises.

Article 25. Procedures for grant of joint training registration certificates

1. Order

a/ A vocational education institution or an institution engaged in vocational education operation that provides joint training shall make a dossier prescribed in Article 23 of this Decree, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for the registration of joint training of colleges; or to the provincial-level Department of Labor, Invalid and Social Affairs, for the registration of joint training of vocational education centers or intermediate schools;

b/ Within 15 working days after receiving a complete and valid dossier, the dossier-receiving agency shall assume the prime responsibility for, and coordinate with related agencies and units in, inspecting the capability to satisfy the conditions prescribed in Article 20 of this Decree. Based on inspection results, the competent person specified in Article 24 of this Decree shall decide to grant a joint training registration certificate, made according to Form No. 3C in the Appendix to this Decree.

In case the dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall reply in writing, clearly statin the reason for its refusal to grant a certificate.

2. Time limit for sending a joint training registration certificate:

a/ Within 2 working days after granting a joint training registration certificate, for colleges and higher education institutions, the Directorate of Vocational Education and Training shall send a copy thereof to the provincial-level People’s Committee monitoring and management, and notify such grant on its website;

b/ Within 2 working days after granting a joint training registration certificate, for intermediate schools, vocational education centers or enterprises, the provincial-level Department of Labor, Invalids and Social Affairs shall send a copy thereof to the Directorate of Vocational Education and Training for monitoring and management, and notify such grant on its website.

Article 26. Suspension and termination of joint training operation

1. A vocational education institution or an institution engaged in vocational education operation may have its joint training operation suspended in one of the following cases:

a/ At the time of student enrollment, it fails to satisfy the conditions for ensuring joint training operation prescribed in Article 22 of this Decree;

b/ It commits a fraudulent act in order to be granted a joint training registration certificate;

c/ It organizes the student enrollment without a joint training registration certificate;

d/ Its joint training registration certificate has been granted ultra vires;

dd/ Other cases as specified by law.

2. A vocational education institution or an institution engaged in vocational education operation may terminate its joint training operation or have its joint training operation terminated in one of the following cases:

a/ At the request of the joint training parties;

b/ Upon the expiration of the period of suspension of joint training operation, it still fails to address the reason for the suspension;

c/ It commits a violation causing serious consequences;

d/ It fails to commence the joint training operation after 24 months or more from the date of grant of its joint training registration certificate;

dd/ Other cases as specified by law.

3. Competence to suspend joint training operation

a/ The Director General of the Directorate of Vocational Education and Training may suspend joint training operation of colleges and higher education institutions;

b/ Directors of provincial-level Departments of Labor, Invalids and Social Affairs may suspend joint training operation of intermediate schools, vocational education centers and enterprises.

4. Procedures for suspension of joint training operation

A person competent to suspend joint training operation specified in Clause 3 of this Article shall do so according to the following order and procedures:

a/ To inspect and assess the severity of the violation, and identify reasons for the suspension;

b/ Within 10 working days after receiving violation inspection and assessment results and reasons for the suspension, the competent person prescribed in Clause 3 of this Article shall issue a decision on suspension of joint training operation, made according to Form No. 4A in the Appendix to this Decree, and notify it to related agencies for coordination, and publicly notify it on his/her agency’s website. Such decision must clearly state suspension reasons, contents and period, and measures to ensure lawful rights and interests of students, teachers, administrators and employees of the institution;

c/ Within 30 working days after having its joint training operation suspended, a vocational education institution or an institution engaged in vocational education operation shall refund training expenses to students, pay remunerations to teachers and ensure other lawful rights and interests of students, teachers, administrators and employees under the signed labor contracts or collective labor agreements; and pay all tax arrears and other debts (if any);

d/ After the period of joint training suspension, if reasons for the suspension have been addressed, the person competent to decide on the suspension shall issue a decision to permit the resumption of joint training operation, made according to Form No. 4B in the Appendix to this Decree, and notify it on his/her agency’s website. If disallowing the resumption of joint training operation, he/she shall notify such in writing to the joint training parties, clearly stating the reason and suggesting how to address the problem.

5. Dossiers and procedures for requesting the resumption of joint training operation

a/ At least 15 working days before the expiration of the period of suspension of joint training operation, a representative of the joint training parties shall send directly or via the online public service portal or by post a written request for resumption of joint training operation to the person competent to suspend joint training operation specified in Clause 3 of this Article;

b/ Within 15 working days after receiving a complete and valid dossier, the dossier-receiving agency shall assume the prime responsibility for, and coordinate with related agencies and units in, inspecting the capability to satisfy the conditions for joint training prescribed in Article 22 of this Decree;

c/ Based on inspection results, the competent person specified in Clause 3 of this Article shall decide to stop the suspension and permit the resumption of joint training operation.

6. Termination of joint training operation

a/ At least 60 working days before terminating their joint training operation, the joint training parties shall send a report on joint training termination to the Directorate of Vocational Education and Training, for colleges or higher education institutions; or to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where the head office of the vocational education institution is located, for vocational education centers, intermediate schools and enterprises, for monitoring and management;

b/ A report on joint training termination must clearly state termination reason and contents and plan to guarantee lawful rights and interests of students, teachers, administrators and employees of the institution, and payment of tax arrears and other debts (if any).

Chapter V

CONDITIONS AND COMPETENCE FOR ESTABLISHMENT AND TERMINATION OF OPERATION OF VIETNAM-BASED REPRESENTATIVE OFFICES OF FOREIGN VOCATIONAL EDUCATION ORGANIZATIONS OR INSTITUTIONS

Article 27. Legal status of representative offices

Vietnam-based representative offices of foreign vocational education organizations or institutions (below referred to as representative offices) have the function of representing these foreign vocational education organizations or institutions to perform the tasks and exercise the powers provided in Clause 2, Article 49 of the Law on Vocational Education.

Article 28. Names of representative offices

The name of a representative office consists of constituents arranged in the following order: “representative office”, “name of the foreign vocational education organization or institution” and “in Vietnam”.

Article 29. Conditions for grant of representative office operation licenses

A foreign vocational education organization or institution may be licensed to establish a Vietnam-based representative office when fully satisfying the conditions prescribed in Clause 3, Article 49 of the Law on Vocational Education.

Article 30. Validity duration of representative office operation licenses

A Vietnam-based representative office operation license of a foreign vocational education organization or institution is valid for no more than 5 years from the date of issuance of the decision permitting the establishment of the representative office and may be extended for no more than 3 years. A re-granted license has a validity duration not exceeding that of the original license.

Article 31. Competence to grant licenses to establish representative offices

The Minister of Labor, Invalids and Social Affairs may grant licenses to establish Vietnam-based representative offices of foreign vocational education organizations or institutions.

Article 32. Procedures for grant of licenses to establish representative offices

1. A dossier of application for a license to establish a representative office shall be made in one set, comprising:

a/ An application for a license to establish a Vietnam-based representative office, made by the foreign vocational education organization or institution, clearly stating the reason for and necessity of the establishment of a Vietnam-based representative office; summary of the founding and development of the foreign vocational education organization or institution; and person expected to act as the head of the Vietnam-based representative office, made according to Form No. 5A in the Appendix to this Decree;

b/ Document(s) proving the legal status of the foreign vocational education organization or institution;

c/ A copy of the operation charter of the foreign vocational education organization or institution;

d/ Draft organization and operation regulation of the Vietnam-based representative office;

dd/ Curriculum vitae of the person expected to act as the head of the Vietnam-based representative office, certified by the head of the foreign vocational education organization or institution or a Vietnamese competent agency;

e/ Written certifications issued by foreign agencies which shall be legalized by consular offices in accordance with the regulations on consular legalization.

2. Procedures for grant of licenses to establish representative offices

a/ Order:

A foreign vocational education organization or institution applying for a license to establish a Vietnam-based representative office shall make a dossier prescribed in Clause 1 of this Article, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training;

Within 20 working days after receiving a complete and valid dossier, the dossier-receiving agency shall examine it and collect opinions of related agencies (if any), then propose the competent person specified in Article 31 of this Decree to grant a license to establish a Vietnam-based representative office, made according to Form No. 5B in the Appendix to this Decree. In case such dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall reply in writing to the applicant, clearly stating the reason for its refusal to grant a license.

b/ Time limit for sending representative office establishment licenses:

Within 2 working days after granting a Vietnam-based representative office establishment license to a foreign vocational education organization or institution, the Directorate of Vocational Education and Training shall send a copy thereof to the provincial-level People’s Committee of the locality where such representative office is to be located for monitoring and management, and publicly notify such license on its website.

Article 33. Amendment, supplementation, extension and re-grant of establishment licenses

1. A foreign vocational education organization or institution shall register to have its license to establish a Vietnam-based representative office amended, supplemented or extended in one of the following cases:

a/ It is renamed or relocated within the country of origin;

b/ It renames or relocates its Vietnam-based representative office;

c/ The operation duration stated in its Vietnam-based representative office establishment license has expired.

2. A foreign vocational education organization or institution shall request for re-grant of its representative office establishment license in one of the following cases:

a/ Its function or scope of operation changes;

b/ It is relocated from one country to another;

c/ Its license is lost or torn.

3. Within 10 working days after a change occurs or its representative office establishment license is lost or torn or at least 30 days before its representative office establishment license expires, a foreign vocational education organization or institution shall send a dossier of request for license amendment, supplementation, extension or re-grant to the Directorate of Vocational Education and Training.

4. A person competent to grant Vietnam-based representative office establishment licenses to foreign vocational education organizations or institutions may grant amended, supplemented or extended licenses or re-grant them.

5. A dossier of request for amendment, supplementation, extension or re-grant of a representative office establishment license shall be made in one set, comprising:

a/ A written request of the foreign vocational education organization or institution with the following principal contents: name and address of the representative office; contents to be amended or supplemented; and reason for license amendment, supplementation, extension or re-grant;

b/ The representative office establishment license (unless it is lost).

6. Procedures for amendment, supplementation, extension or re-grant of representative office establishment licenses

a/ Order:

A foreign vocational education organization or institution that requests amendment, supplementation, extension or re-grant of its representative office establishment license shall make a dossier prescribed in Clause 5 of this Article, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training;

Within 20 working days after receiving a complete and valid dossier, the dossier-receiving agency shall examine it, then propose a competent person to decide on amendment, supplementation, extension or re-grant of the representative office establishment license, made according to Form No. 5C in the Appendix to this Decree. In case such dossier is invalid, within 5 working days after receiving it, the dossier-receiving agency shall reply such in writing to the requester, clearly stating the reason for its refusal to grant such license.

b/ Within 2 working days after issuing a decision on amendment, supplementation, extension or re-grant of a Vietnam-based representative office establishment license to a foreign vocational education organization or institution, the Directorate of Vocational Education and Training shall send a copy thereof to the provincial-level People’s Committee of the locality where the representative office is located for monitoring and management, and publicly notify such decision on its website.

Article 34. Termination of operation and revocation of establishment licenses

1. Vietnam-based representative offices of foreign vocational education organizations or institutions shall terminate their operation in the cases specified in Clause 5, Article 49 of the Law on Vocational Education.

2. A person competent to grant Vietnam-based representative office establishment licenses to foreign vocational education organizations or institutions specified in Article 31 of this Decree may decide to terminate operation and revoke establishment licenses of representative offices.

3. The Directorate of Vocational Education and Training shall notify reasons for revocation of the license or termination of operation of a Vietnam-based representative office of a foreign vocational education organization or institution to the provincial-level People’s Committee of the locality where such representative office is located before its operation is terminated.

4. Within 60 working days after being notified of the termination of its operation, a representative office shall complete the procedures related to its employees; debts, wages and social insurance regimes; perform other financial obligations (if any); and return its establishment license and seal, and send a written report to the Directorate of Vocational Education and Training.

Article 35. Notification of operation of representative offices

Within 20 working days after receiving an establishment license, a Vietnam-based representative office of a foreign vocational education organization or institution shall have the following principal contents published on at least one central newspaper and one local newspaper for 3 consecutive issues: its name in Vietnamese and a common foreign language (if any); its establishment license (serial number, and issuing date and agency); full name of its head; its location, symbol, telephone and fax number, website and email (if any); its bank account number; and its operation registration certificate (serial number and issuing date and agency).

Article 36. Rights and obligations of representative offices

1. During the course of operation in Vietnam, representative offices have the following rights:

a/ To have their lawful rights and interests protected by the Vietnamese State in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ To rent offices; to hire and purchase means and tools necessary for their operation; to employ Vietnamese and foreigners to work at their offices in accordance with Vietnam’s law;

c/ To open bank accounts in accordance with Vietnam’s law and use them only for their operations;

d/ To have seals bearing their names in accordance with Vietnam’s law;

dd/ Other rights as provided by law.

2. During the course of operation in Vietnam, representative offices have the following obligations:

a/ To carry out activities in conformity with their functions, tasks, and  operation objectives and scope, and within the durations and in locations stated in their establishment licenses; to take responsibility for their activities;

b/ To report online and in writing before December 15 every year on their operation results to the Directorate of Vocational Education and Training and provincial-level Departments of Labor, Invalids and Social Affairs of the localities where they are located;

c/ To report and provide documents or explain related matters at the request of Vietnamese competent agencies;

d/ Their heads shall perform tasks as authorized by foreign vocational education organizations or institutions within the authorization scope and periods;

dd/ Their expatriate employees shall carry out activities for the purposes for which they enter Vietnam; strictly abide by law and respect customs and traditions of Vietnam. All violations of Vietnam’s law committed by expatriate employees shall be handled in accordance with Vietnam’s law.

e/ Other obligations as prescribed by law.

Chapter VI

CONDITIONS, COMPETENCE AND PROCEDURES FOR ESTABLISHMENT AND RECOGNITION OF NOT-FOR-PROFIT PRIVATE OR FOREIGN-INVESTED VOCATIONAL EDUCATION INSTITUTIONS

Article 37. Conditions for identification and grounds for assessment of not-for-profit private or foreign-invested vocational education institutions

1. Conditions for identification of a not-for-profit private or foreign-invested vocational education institution:

a/ Difference between revenues from and expenses for annual vocational training and scientific research activities of the institution is its undividable property under common ownership used for investment in the development of its physical foundations and contingent of teachers and administrators, scientific research, grant of scholarships to students, and other public-utility purposes;

b/ The institution has made a commitment on not-for-profit operation with the Ministry of Labor, Invalids and Social Affairs, for colleges; or with the provincial-level People’s Committee of the locality where the institution is located, for intermediate schools or vocational education centers. Such commitment shall be publicly announced for information and public supervision;

c/ Its investment capital owner does not receive profits or receives profits not exceeding the government bond interest rate prescribed for the same period.

2. Grounds for assessment of a private or foreign-invested vocational education institution implementing its commitment on not-for-profit operation are its annual financial statements and periodical audit reports.

Article 38. Incentive policies toward not-for-profit private or foreign-invested vocational education institutions

1. Not-for-profit private or foreign-invested vocational education institutions may enjoy the policies specified at Points a, b, c, d and g, Clause 1, Article 26 of the Law on Vocational Education and the following policies:

a/ Priority in rent of land and physical foundations;

b/ Priority in receiving investment projects and placed orders for the performance of vocational training, scientific research and technology transfer tasks;

c/ Technical assistance for admitting ethnic minority students who graduate from boarding general schools for vocational training, and developing training in sectors and occupations to meet needs of workers who will be sent to work abroad.

2. In case a private or foreign-invested vocational education institution that has made a commitment on not-for-profit operation fails to implement its commitment or implements its commitment at variance with Clause 1, Article 37 of this Article, it shall be handled as follows:

a/ It shall have its establishment or not-for-profit operation recognition decision revoked;

b/ It shall be deprived of the right to enjoy priority policies for not-for-profit private or foreign-invested vocational education institutions;

c/ It shall refund the financial amounts it has received from the State, including concessional loans and incentives from technical assistance programs or domestic and overseas projects;

d/ It shall pay tax arrears and be sanctioned for tax law violations under regulations.

Article 39. Competence to decide on the establishment or recognition of not-for-profit private or foreign-invested vocational education institutions

1. The Minister of Labor, Invalids and Social Affairs shall decide on the establishment or recognition of not-for-profit private or foreign-invested colleges.

2. Chairpersons of provincial-level People’s Committees shall decide on the establishment or recognition of private or not-for-profit foreign-invested intermediate schools and vocational education centers.

Article 40. Dossiers of request for permission for the establishment or recognition of not-for-profit private or foreign-invested vocational education institutions

1. A dossier of request for permission for the establishment of a not-for-profit private vocational education institution must comply with Article 6 of the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, prescribing conditions for investment and operation in the field of vocational education, or Article 12 of this Decree for a foreign-invested vocational education institution, and additionally have the following documents:

a/ A written commitment of the investment capital owners on use of the institution’s revenue-expense difference under Clause 1, Article 37 of this Decree;

b/ A minutes of a meeting of the owners or capital contributors approving the not-for-profit operation of the institution. Such minutes must obtain consent of representatives of capital contributors with at least 75% of total contributed capital;

c/ A draft organization and operation regulation of the institution;

d/ A draft internal financial regulation of the institution.

2. A dossier of request for recognition of a private vocational education institution or foreign-invested vocational education institution shifting to operate not for profit shall be made in one set, comprising:

a/ A written request for permission for shifting to operate not for profit (clearly stating not-for-profit operation guidelines and purposes; contributed capital and property under undividable common ownership of the institution);

b/ A written commitment of the investment capital owners on use of the institution’s revenue-expense difference under Clause 1, Article 37 of this Decree;

c/ A minutes of a meeting of the owners or capital contributors approving the institution’s shift to not-for-profit operation. Such minutes must obtain consent of representatives of capital contributors with at least 75% of total contributed capital;

d/ A copy of the decision permitting the establishment of the institution;

dd/ Financial statements for the last 3 years and periodical audit reports of the institution.

Article 41. Procedures for establishment or recognition of not-for-profit private or foreign-invested vocational education institutions

1. The procedures for establishment of a not-for-profit private vocational education institution must comply with Article 8 of Decree No. 143/2016/ND-CP of October 14, 2016, prescribing conditions for investment and operation in the field of vocational education.

2. The procedures for establishment of a not-for-profit foreign-invested vocational education institution must comply with Article 14 of this Decree.

3. The procedures for recognition of private or foreign-invested vocational education institutions shifting to operate not for profit.

a/ Order:

A private or foreign-invested vocational education institution shifting to operate not for profit shall make a dossier prescribed in Clause 2, Article 40 of this Decree, then send it directly or via the online public service portal or by post to the Directorate of Vocational Education and Training, for private or foreign-invested colleges; or to the provincial-level Department of Labor, Invalids and Social Affairs, for private or foreign-invested intermediate schools and vocational education centers;

Within 20 working days after receiving a complete and valid dossier, the dossier-receiving agency shall assume the prime responsibility for examining it and collecting opinions of related agencies, then submit it to the competent person specified in Article 39 of this Decree for decision on recognition of the not-for-profit private or foreign-invested vocational education institution;

In case such dossier is invalid or fails to comply with opinions of related agencies, within 3 working days after receiving the opinions, the dossier-receiving agency shall request in writing the modification or supplementation of the dossier or additional explanation of its contents.

b/ Time limit for sending decisions on establishment or recognition of not-for-profit private or foreign-invested vocational education institutions.

Within 2 working days after issuing a decision on establishment or recognition of a not-for-profit private or foreign-invested college, the Directorate of Vocational Education and Training shall send it to the provincial-level People’s Committee of the locality where the head office of such institution is located or is to be located for monitoring and management, and notify such decision on its website;

Within 2 working days after issuing a decision on establishment or recognition of a not-for-profit private or foreign-invested intermediate school or vocational education center in its locality, the provincial-level People’s Committee shall send it to the Directorate of Vocational Education and Training for monitoring and management, and notify such decision on its website.

Chapter VII

RIGHTS AND RESPONSIBILITIES OF ENTERPRISES IN VOCATIONAL EDUCATION ACTIVITIES

Article 42. Rights of enterprises in vocational education activities

1. To establish vocational education institutions to train human resources directly serving their production, business or service operations and to meet social needs as prescribed in Article 18 of the Law on Vocational Education.

2. To organize primary-degree training and regular training at their workplaces under the following provisions:

a/ Trainees are their employees and other laborers who need to be trained;

b/ Training programs include primary-degree training programs and regular training programs under Points a, b, c and d, Clause 1, Article 40 of the Law on Vocational Training;

c/ Trainers are teachers or scientists, engineers, technicians, craftsmen, or highly skilled persons and farmers;

d/ Agreements shall be reached with trainees being employees of enterprises on wages and wage payment method during the training period;

dd/ Upon completing training programs, if trainees satisfy the prescribed requirements, they shall be granted primary-degree qualifications or training certificates by heads of enterprises. A training certificate must clearly state training contents and period;

e/ Reports shall be sent to provincial-level Departments of Labor, Invalids and Social Affairs of localities where training is to be provided before the training is organized for monitoring and management.

3. To associate or coordinate with institutions engaged in vocational education activities in organizing training courses for primary, intermediate or collegial degrees and under regular training programs as prescribed.

4. To place orders for vocational training in sectors and occupations prioritized by the State for socio-economic development; to place training orders to vocational education institutions for training of human resources for their production, business or service operations.

5. To appoint their representatives to join councils of public colleges or intermediate schools; or to management boards of private colleges or intermediate schools if their business lines are related to training sectors or occupations of these colleges or intermediate schools.

6. To take part in drawing up the list of training sectors and occupations, formulating the minimum knowledge volume and requirements on capability which graduate trainees must acquire, and vocational training programs and materials; organizing teaching and practice instruction activities and evaluating study results of trainees at vocational education institutions.

7. To provide support in terms of physical foundations and training equipment; to grant scholarships to trainees and students of vocational education institutions.

8. To exercise other rights provided in Article 51 of the Law on Vocational Education and relevant legal documents.

Article 43. Responsibilities of enterprises in vocational education activities

1. To annually report to provincial-level Departments of Labor, Invalids and Social Affairs of localities where their head offices are located on demands for labor training and employment by sector and occupation and their demands for recruitment of employees.

2. To appoint their representatives who are capable experts or technicians to take part in drawing up the list of training sectors and occupations, formulating vocational training programs and materials; teaching and instructing practice activities and evaluating study results of trainees at vocational education institutions.

3. To organize training by themselves and coordinate with vocational education institutions in organizing training; to place orders to vocational education institutions for training of employees recruited to work for them under regulations.

4. To give feedback on the quality of employees trained by vocational education institutions and provide information for surveys conducted by state management agencies, business associations and vocational education institutions upon request in order to raise the vocational training quality and efficiency.

5. To receive teachers, trainees and students of vocational education institutions on study or practice visits for improving their occupational skills or updating or approaching new technologies; to pay wages to teachers, trainees and students who directly make or participate in making standard products, including goods or services to be provided in the market during the practice period at enterprises at levels agreed upon by the parties. In case of receiving workers and training them to work for enterprises, to sign training contracts with such workers without collecting tuition.

6. To pay training expenses and wages to their employees during the period they stop working for training under agreements between enterprises and these employees in accordance with law.

7. To formulate plans and programs on training and refresher training, organize training and refresher courses to improve occupational qualifications and skills of their employees, and report training results under Articles 60 and 61 of the Labor Code.

8. To perform their social responsibility for vocational education activities, and commit to contributing to the sustainable development of vocational education through activities aimed to raise the training quality and meet the demand for human resources of enterprises, communities and society.

9. To perform other responsibilities prescribed in Article 52 of the Law on Vocational Education and relevant legal documents.

Chapter VIII

IMPLEMENTATION PPOVISIONS                 

Article 44. Transitional provisions

1. Foreign vocational education institutions that submit their dossiers of application for licenses to establish their Vietnam-based representative offices before the effective date of this Decree but have not yet been granted such licenses shall modify or complete their dossiers for grant of such licenses under this Decree.

2. Foreign organizations or individuals that request permission for the establishment of foreign-invested vocational education institutions before the effective date of this Decree but have not yet received such permission shall modify their dossiers under this Decree.

Article 45. To amend and supplement a number of articles of legal documents on vocational education

1. To amend Point i, Clause 5, Article 47 of the Government’s Decree No. 29/2012/ND-CP of April 12, 2012, on recruitment, employment and management of public employees, as follows:

“i/ The Ministry of Labor, Invalids and Social Affairs shall manage professional titles of public employees specialized in vocational education, labor and social affairs;”

2. To replace a number of phrases referred to in the Government’s Decree No. 11/2015/ND-CP of January 31, 2015, prescribing physical education and sports activities in schools, as follows:

a/ To replace the phrase “the central-level state management agency in charge of vocational education” in Clause 3, Article 4 with the phrase “the Ministry of Labor, Invalids and Social Affairs”;

b/ To replace the phrase “the head of the central-level state management agency in charge of vocational education” at Point a, Clause 1, Article 5; Point a, Clause 3, Article 5; and Clause 1, Article 9 with the phrase “the Minister of Labor, Invalids and Social Affairs.”

3. To amend and supplement a number of articles of the Government’s Decree No. 79/2015/ND-CP of September 14, 2015, prescribing the sanctioning of administrative violations in vocational education, as follows:

a/ To amend the title of Clause 2, Article 29 into “Chiefs of inspectorates of provincial-level Departments of Labor, Invalids and Social Affairs, heads of specialized inspection teams of provincial-level Departments of Labor, Invalids and Social Affairs, and heads of specialized inspection teams of the Directorate of Vocational Education and Training have the following rights:”;

b/ To amend the title of Clause 3, Article 29 into “Heads of specialized inspection teams of the Ministry of Labor, Invalids and Social Affairs may sanction administrative violations in vocational education (except the group of teacher training disciplines), regarding the evaluation of national occupational skills, including:”;

c/ To amend the title of Clause 4, Article 29 into “Heads of specialized inspection teams of the Ministry of Education and Training may sanction administrative violations in vocational education regarding the vocational education organization and operation for intermediate and collegial degree in the group of teacher training disciplines, including:”;

d/ To amend the title of Clause 5, Article 29 into “the Chief of the Inspectorate of the Ministry of Labor, Invalids and Social Affairs and the Director General of the Directorate of Vocational Education and Training may sanction administrative violations in vocational education (except the group of teacher training disciplines), regarding the evaluation of national occupational skills, including:”;

dd/ To amend the title of Clause 6, Article 29 into “the Chief of the Inspectorate of the Ministry of Education and Training may sanction administrative violations in vocational education regarding the vocational education organization and operation for intermediate and collegial degrees in the group of teacher training disciplines, including:”;

e/ To amend Clause 2, Article 31 into “Cadres and public servants who are members of inspection teams under inspection decisions of the Minister of Labor, Invalids and Social Affairs, Chief of the Inspectorate of the Ministry of Labor, Invalids and Social Affairs, Director General of the Directorate of Vocational Education and Training, directors or chiefs of inspectorates of provincial-level Departments of Labor, Invalids and Social Affairs.”.

4. To amend Clause 1, Article 17 of the Government’s Decree No. 86/2015/ND-CP of October 2, 2015, prescribing the mechanism of collection and management of tuitions for education institutions in the national education system and policies on tuition exemption and reduction or subsidies for learning expenses from the 2015-2016 school year to the 2020-2021 school year, as follows:

“1. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within their competence, assume the prime responsibility for, and coordinate with related ministries and sectors, guiding in detail the implementation of this Decree. The Minister of Labor, Invalids and Social Affairs shall guide the identification of training sectors and occupations of vocational education corresponding to the tuition bracket prescribed in Clause 4, Article 5 of this Decree.”

5. To amend Clause 1, Article 14 of the Government’s Decree No. 113/2015/ND-CP of November 9, 2015, prescribing special allowances, preferential allowances, responsibility-based allowances and heavy, hazardous and dangerous job-based allowances for teachers in public vocational education institutions, as follows:

“1. The Minister of Labor, Invalids and Social Affairs shall guide the implementation of this Decree.”

6. To amend Article 14 of the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, prescribing conditions for investment and operation in vocational education, as follows:

a/ To amend and supplement Point c, Clause 1, Article 14 as follows:

“c/ Having a staff of teachers meeting standards and possessing professional qualifications, occupational skills and pedagogic skills as prescribed by law; ensuring the maximum student-teacher ratio of 25; having their own teachers for occupations in which they provide training.”

b/ To annual Point dd, Clause 2 of Article 14.

7. To replace Form No. 3 in the Appendix to the Government’s Decree No. 49/2018/ND-CP of March 30, 2018, prescribing the quality inspection of vocational education, with Form No. 6 in the Appendix to this Decree.

8. To annul the phrase “the Ministry of Education and Training” referred to in Clause 1, Article 7 of the Prime Minister’s Decision No. 53/2015/QD-TTg of October 20, 2015, on boarding policies for college and intermediate school students.

Article 46. Effect

1. This Decree takes effect on March 20, 2019.

2. From the effective date of this Decree, the Government’s Decree No. 48/2015/ND-CP of May 15, 2015, detailing a number of articles of the Law on Vocational Education, ceases to be effective.

Article 47. Implementation responsibility

1. The Minister of Labor, Invalids and Social Affairs shall, within the ambit of his/her functions, tasks, powers and responsibilities, guide the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.