THE GOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 24/2022/ND-CP | | Hanoi, April 6, 2022 |
DECREE
Amending and supplementing the Decrees on conditions for investment and operation in the field of vocational education[1]
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the November 27, 2014 Law on Vocational Education;
Pursuant to the June 14, 2019 Education Law;
Pursuant to the June 17, 2020 Law on Investment;
At the proposal of the Minister of Labor, Invalids and Social Affairs,
The Government promulgates the Decree amending and supplementing the Decrees on conditions for investment and operation in the field of vocational education.
Article 1. To amend and supplement a number of articles of the Government’s Decree No. 143/2016/ND-CP of October 14, 2016, providing conditions for investment and operation in the field of vocational education (below referred to as Decree No. 143/2016/ND-CP), which had a number of articles amended and supplemented under the Government’s Decree No. 140/2018/ND-CP of October 8, 2018, amending and supplementing the Decrees concerning business investment conditions and administrative procedures falling under the state management by the Ministry of Labor, Invalids and Social Affairs (below referred to as Decree No. 140/2018/ND-CP)
1. To amend and supplement Clause 3, Article 1 as follows:
“3. Conditions and procedures for permission for the establishment, division, separation, merger or dissolution of foreign-invested vocational education institutions must comply with the provisions of Chapter III of the Government’s Decree No. 15/2019/ND-CP of February 1, 2019, detailing a number of articles of, and providing measures to implement, the Law on Vocational Education.”.
2. To add Clause 5 to Article 2 as follows:
“5. Vocational education-continuing education centers.”.
3. To amend and supplement Clause 3, Article 3 (which was amended and supplemented under Clause 1, Article 5 of Decree No. 140/2018/ND-CP) as follows:
“3. A vocational education center must have a land area of at least 1,000 m2 for building physical foundations; an intermediate school, 10,000 m2 for those in urban areas or 20,000 m2 for those in non-urban areas; or a college, 20,000 m2 for those in urban areas or 40,000 m2 for those in non-urban areas.
In case an intermediate school or a college has the land area for building physical foundations located both in an urban area and a non-urban area, the land area shall be converted at the ratio of 1:2 of the land area in the urban area to that in the non-urban area.”.
4. To amend and supplement Clause 1, Article 6 (which was amended and supplemented under Clause 2, Article 5 of Decree No. 140/2018/ND-CP) as follows:
a/ To amend and supplement Point d as follows:
“d/ A copy of the land use rights certificate or the provincial-level People’s Committee-issued decision on allocation or lease of land for construction of the vocational education institution, enclosed with a copy of the receipt (of payment of land use levy or land rental) or a paper proving the fulfillment of the land-related financial obligation under regulations.
A copy of the contract on rent of physical foundations on land which remains valid for at least 5 years counting from the date of dossier submission, in case of rent of physical foundations on land, and a paper proving the land lessor’s use rights or ownership thereof.”.
b/ To add Points dd, e and g to Clause 1 as follows:
“dd/ A copy of the document approving the investment policy or investment decision or of the document approving or assigning the public investment plan or of the document approving final accounts of the completed project for investing in construction of the public vocational education institution, issued by a competent agency;
e/ A competent agency’s or organization’s written certification of the project owner’s financial capacity for investing in construction of the private vocational education institution;
g/ A copy of the paper proving the asset ownership, enclosed with a written appraisal of the price of assets used for capital contribution, in case of using assets for capital contribution.”.
5. To amend and supplement Article 8 as follows:
“Article 8. Order and procedures for establishment or permission for establishment of vocational education institutions
1. Receiving and examining dossiers of request for establishment or permission for establishment of vocational education institutions
a/ An agency, organization or individual requesting establishment or permission for establishment of a vocational education institution shall send a dossier specified in Article 6 of this Decree via the online public service portal or by post or hand-deliver it to the agency or organization defined at Point b, c or d of this Clause;
b/ The Directorate of Vocational Education shall receive dossiers of request for establishment or permission for establishment of colleges;
c/ Organization and Personnel Departments or specialized agencies under ministries, ministerial-level agencies, government-attached agencies, or central agencies of socio-political organizations shall receive dossiers of request for establishment of public vocational education centers and intermediate schools under such ministries or agencies;
d/ Provincial-level Departments of Labor, Invalids and Social Affairs shall receive dossiers of request for establishment of public vocational education centers and intermediate schools under provinces or centrally run cities; and dossiers of request for permission for establishment of private vocational education centers and intermediate schools in their localities;
dd/ Within 3 working days after receiving a dossier of request for establishment or permission for establishment of a vocational education institution, the agency or organization defined at Point b, c or d of this Clause shall examine the dossier; if finding the dossier valid, such agency or organization shall send it to the Council for appraisal of dossiers of request for establishment or permission for establishment of vocational education institutions (below referred to as the Appraisal Council) for appraisal; if finding the dossier invalid, it shall issue a written reply, clearly stating the reason.
2. Appraising a dossier of request for establishment or permission for establishment of a vocational education institution
a/ The Appraisal Council shall appraise the dossier of request for establishment or permission for establishment of a vocational education institution;
b/ The person competent to establish or permit the establishment of a vocational education institution defined in Article 7 of this Decree shall decide to form the Appraisal Council and issue the regulation on organization and operation of the Appraisal Council;
c/ A Council for appraisal of a dossier of request for establishment or permission for establishment of a college shall be composed of the General Director of the Directorate of Vocational Education as its Chairperson, and representatives of the Ministry of Planning and Investment, Ministry of Finance, Ministry of Home Affairs, and the provincial-level People’s Committee of the locality where the college’s head office is expected to be based, and representatives of a number of specialized units of the Ministry of Labor, Invalids and Social Affairs as its members;
d/ A Council for appraisal of a dossier of request for establishment of a public vocational education center or intermediate school under a ministry, ministerial-level agency, government-attached agency, or central agency of a socio-political organization shall be composed of the head of the Organization and Personnel Department or specialized agency of such ministry or agency as its Chairperson, and representatives of a number of related units under such ministry or agency as its members;
dd/ A Council for appraisal of a dossier of request for establishment of a province-attached public vocational education center or intermediate school and for permission for establishment of a province-based private vocational education center or intermediate school shall be composed of a leader of the provincial-level People’s Committee or an authorized person as its Chairperson, and representatives of a number of specialized agencies under the provincial-level People’s Committee, such as provincial-level Department of Labor, Invalids and Social Affairs, Department of Planning and Investment, Department of Finance, Department of Home Affairs and related agencies as its members;
e/ Within 5 working days after receiving a dossier of request for establishment or permission for establishment of a vocational education institution, the Appraisal Council shall appraise the dossier;
g/ Based on the Appraisal Council’s conclusion (announced at the appraisal meeting), within 3 working days after the appraisal is organized, the agency or organization defined at Point b, c or d, Clause 1 of this Article shall send a notice of appraisal results to the agency, organization or individual requesting establishment or permission for establishment of a vocational education institution.
3. Deciding on establishment or permission for establishment of a vocational education institution
a/ If the dossier of request for establishment or permission for establishment of a vocational education institution is satisfactory as concluded by the Appraisal Council, within 5 working days after obtaining the appraisal conclusion, the agency or organization defined at Point b, c or d, Clause 1 of this Article shall propose the person competent to establish or permit the establishment of vocational education institutions defined in Article 7 of this Decree to issue a decision on establishment of a public vocational education institution or on permission for establishment of a private vocational education institution, made according to Form No. 04 provided in Appendix I to this Decree; if refusing to decide on or permit the establishment, it shall issue a written reply, clearly stating the reason;
b/ If the dossier of request for establishment or permission for establishment of a vocational education institution needs to be completed as concluded by the Appraisal Council, within 5 working days after receiving a complete dossier, the agency or organization defined at Point b, c or d, Clause 1 of this Article shall propose the person competent to establish or permit the establishment of vocational education institutions defined in Article 7 of this Decree to issue a decision on establishment of a public vocational education institution or on permission for establishment of a private vocational education institution, made according to Form No. 04 provided in Appendix I to this Decree; if refusing to decide on or permit the establishment, it shall issue a written reply, clearly stating the reason.
4. Publicizing and sending decisions on establishment or permission for establishment of vocational education institutions
a/ The Ministry of Labor, Invalids and Social Affairs; ministries, ministerial-level agencies, government-attached agencies, central agencies of socio-political organizations; and provincial-level People’s Committees shall publicize decisions on establishment or permission for establishment of vocational education institutions on their websites;
b/ Within 2 working days after issuing a decision on establishment or permission for establishment of a college, the Ministry of Labor, Invalids and Social Affairs shall send the decision to the college’s managing agency and the provincial-level People’s Committee of the locality where the college’s head office or branch is expected to be based for monitoring and management;
c/ Within 2 working days after issuing a decision on establishment of its attached public vocational education center or intermediate school, a ministry, ministerial-level agency, government-attached agency, or central agency of a socio-political organization shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) and the provincial-level People’s Committee of the locality where the vocational education center’s head office or the intermediate school’s head office or branch is expected to be based for monitoring and management;
d/ Within 2 working days after issuing a decision on establishment of its attached public vocational education center or intermediate school or a decision on permission for establishment of a private vocational education center or intermediate school in the locality, the provincial-level People’s Committee shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.”.
6. To amend and supplement Article 9 (which was amended and supplemented under Clause 3, Article 5 of Decree No. 140/2018/ND-CP) as follows:
“Article 9. Conditions, order, procedures and competence for establishment or permission for establishment of branches of intermediate schools and colleges
1. Conditions for establishment or permission for establishment of branches
a/ An intermediate school or a college requesting establishment or permission for establishment of its branch must have the land area for building physical foundations and capital amount for the branch at least equal to 25% of the required minimum land area and capital amount for intermediate schools or colleges as specified in Clauses 3 and 4, Article 3 of this Decree;
b/ The branch is located in the province or centrally run city where the intermediate school’s or college’s head office is not based.
2. A dossier of request for establishment or permission for establishment of a branch of an intermediate school or a college shall be made in 1 set, comprising:
a/ The documents specified at Points a, c, d, dd, e and g, Clause 1, Article 6 of this Decree;
b/ A scheme on establishment of a branch of an intermediate school or a college, made according to Form No. 03 provided in Appendix I to this Decree.
3. Competence to establish or permit the establishment of branches of intermediate schools and colleges
Persons competent to establish or permit the establishment of intermediate schools and colleges defined in Article 7 of this Decree may decide on or permit the establishment of branches of intermediate schools and colleges.
4. Order and procedures for establishment or permission for establishment of branches of intermediate schools and colleges
a/ Intermediate schools or colleges shall send dossiers of request for establishment or permission for establishment of their branches via the online public service portal or by post or hand-deliver them to the agencies or organizations defined at Point b, c or d of this Clause;
b/ The Directorate of Vocational Education shall receive dossiers of request for establishment or permission for establishment of branches of colleges;
c/ Organization and Personnel Departments or specialized agencies under ministries, ministerial-level agencies, government-attached agencies and central agencies of socio-political organizations shall receive dossiers of request for establishment of branches of public intermediate schools under such ministries or agencies;
d/ Provincial-level Departments of Labor, Invalids and Social Affairs shall receive dossiers of request for establishment of branches of public intermediate schools under provinces or centrally run cities; and dossiers of request for permission for establishment of branches of private intermediate schools in localities;
dd/ Within 7 working days after receiving a dossier of request for establishment or permission for establishment of a branch of an intermediate school or a college, the agency or organization defined at Point b, c or d of this Clause shall appraise the dossier and propose the competent person defined in Clause 3 of this Article to issue a decision on establishment or permission for establishment of a branch of an intermediate school or a college, made according to Form No. 04 provided in Appendix I to this Decree; if finding the dossier invalid or refusing to decide on or permit the establishment of a branch, it shall issue a written reply, clearly stating the reason.
5. Publicizing and sending decisions on establishment or permission for establishment of branches of intermediate schools or colleges
a/ The Ministry of Labor, Invalids and Social Affairs; ministries, ministerial-level agencies, government-attached agencies, central agencies of socio-political organizations; and provincial-level People’s Committees shall publicize decisions on establishment or permission for establishment of branches of intermediate schools or colleges on their websites;
b/ Within 2 working days after issuing a decision on establishment or permission for establishment of a branch of a college, the Ministry of Labor, Invalids and Social Affairs shall send the decision to the college’s managing agency and the provincial-level People’s Committee of the locality where the college’s branch is expected to be based for monitoring and management;
c/ Within 2 working days after issuing a decision on establishment of a branch of its attached public intermediate school, a ministry, ministerial-level agency, government-attached agency, or central agency of a socio-political organization shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) and the provincial-level People’s Committee of the locality where the intermediate school’s branch is expected to be based for monitoring and management;
d/ Within 2 working days after issuing a decision on establishment of a branch of its attached public intermediate school or a decision on permission for establishment of a branch of a private intermediate school in the locality, the provincial-level People’s Committee shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.”.
7. To amend and supplement Article 10 (which was amended and supplemented under Clause 4, Article 5 of Decree No. 140/2018/ND-CP) as follows:
a/ To amend and supplement Points a and b, Clause 2 as follows:
“a/ A written request for division or separation of a vocational education institution or merger of vocational education institutions, made by the managing agency for public vocational education institutions; or a written request for division or separation of a vocational education institution or merger of vocational education institutions, made by the owner or Board of Directors for private vocational education institutions according to Form No. 01 provided in Appendix II to this Decree;
b/ A scheme on division or separation of a vocational education institution or merger of vocational education institutions, made according to Form No. 02 provided in Appendix II to this Decree;”.
b/ To amend and supplement Clause 3 as follows:
“3. Competence to decide on division, separation and merger of vocational education institutions
a/ Persons competent to establish or permit the establishment of vocational education institutions defined in Article 7 of this Decree may decide on or permit the division, separation and merger of vocational education institutions;
b/ The Minister of Labor, Invalids and Social Affairs has the competence to decide on merger of vocational education centers or intermediate schools into colleges;
c/ The Minister of Labor, Invalids and Social Affairs has the competence to decide on merger of vocational education-continuing education centers into colleges after receiving competent agencies’ written request for reorganization of vocational education-continuing education centers in accordance with the Education Law and guiding documents.”.
c/ To amend and supplement Clause 4 as follows:
“4. Order and procedures for division, separation or merger of vocational education institutions
a/ An agency, organization or individual requesting division or separation of a vocational education institution or merger of vocational education institutions shall send a dossier specified in Clause 2 of this Article via the online public service portal or by post or hand-deliver it to the agency or organization defined at Point b, c or d, Clause 1, Article 8 of this Decree;
b/ Within 10 working days after receiving a dossier of request for division or separation of a vocational education institution or merger of vocational education institutions, the agency or organization defined at Point b, c or d, Clause 1, Article 8 of this Decree shall appraise the dossier and propose the competent person defined in Clause 3 of this Article to issue a decision on division, separation or merger or permission for division, separation or merger of vocational education institution(s), made according to Form No. 03 provided in Appendix II to this Decree; if finding the dossier invalid or refusing to decide on or permit the division, separation or merger, it shall issue a written reply, clearly stating the reason.”.
d/ To add Clause 5 to Article 10 as follows:
“5. Publicization and sending of decisions on division, separation or merger or permission for division, separation or merger of vocational education institution(s)
a/ The Ministry of Labor, Invalids and Social Affairs; ministries, ministerial-level agencies, government-attached agencies, central agencies of socio-political organizations; and provincial-level People’s Committees shall publicize decisions on division, separation or merger or permission for division, separation or merger of vocational education institutions on their websites;
b/ Within 2 working days after issuing a decision on division or separation of a public college or merger of public colleges or a decision on permission for division or separation of a private college or merger of private colleges, the Ministry of Labor, Invalids and Social Affairs shall send the decision to the college’s managing agency and the provincial-level People’s Committee of the locality where the college’s head office is based for monitoring and management;
c/ Within 2 working days after issuing a decision on division, separation or merger of its attached public vocational education centers or intermediate schools, a ministry, ministerial-level agency, government-attached agency, or central agency of a socio-political organization shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) and the provincial-level People’s Committee of the locality where the vocational education center’s or intermediate school’s head office is based for monitoring and management;
d/ Within 2 working days after issuing a decision on division, separation or merger of its attached public vocational education centers or intermediate schools or a decision on permission for division, separation or merger of private vocational education centers or intermediate schools in the locality, the provincial-level People’s Committee shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.”.
8. To amend and supplement Clause 3; Point a, Clause 4; and Clause 5, Article 11 as follows:
a/ To amend and supplement Clause 3 as follows:
“3. A dossier of request for dissolution of a vocational education institution, for the case specified in Clause 2, Article 21 of the Law on Vocational Education, shall be made in 1 set, comprising:
a/ A written request for dissolution of a vocational education institution, made by the managing agency, for public vocational education institutions; or a written request for dissolution of a vocational education institution, made by the owner or Board of Directors, for private vocational education institutions, according to Form No. 01 provided in Appendix III to this Decree;
b/ A scheme on dissolution of a vocational education institution, made according to Form No. 02 provided in Appendix III to this Decree.”.
b/ To amend and supplement Point a, Clause 4 as follows:
“a/ An agency, organization or individual requesting dissolution of a vocational education institution shall send a dossier specified in Clause 2 or 3 of this Article via the online public service portal or by post or hand-deliver it to the agency or organization defined at Point b, c or d, Clause 1, Article 8 of this Decree.
Within 15 working days after receiving the dossier, the agency or organization defined at Point b, c or d, Clause 1, Article 8 of this Decree shall examine the dossier and propose the competent person defined at Point d, Clause 4 of this Article to issue a decision on dissolution or permission for dissolution of a vocational education institution, made according to Form No. 03 provided in Appendix III to this Decree; if finding the dossier invalid or refusing to decide on or permit the dissolution, it shall issue a written reply, clearly stating the reason.”.
c/ To amend and supplement Clause 5 as follows:
“5. Publicization and sending of decisions on dissolution or permission for dissolution of vocational education institutions
a/ The Ministry of Labor, Invalids and Social Affairs; ministries, ministerial-level agencies, government-attached agencies, central agencies of socio-political organizations; and provincial-level People’s Committees shall publicize decisions on dissolution or permission for dissolution of vocational education institutions on their websites;
b/ Within 2 working days after issuing a decision on dissolution or permission for dissolution of a college, the Ministry of Labor, Invalids and Social Affairs shall send the decision to the college’s managing agency and the provincial-level People’s Committee of the locality where the college’s head office or branch is based for monitoring and management;
c/ Within 2 working days after issuing a decision on dissolution of its attached public vocational education center or intermediate school, a ministry, ministerial-level agency, government-attached agency, or central agency of a socio-political organization shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) and the provincial-level People’s Committee of the locality where the vocational education center’s head office or the intermediate school’s head office or branch is based for monitoring and management;
d/ Within 2 working days after issuing a decision on dissolution of its attached public vocational education center or intermediate school or a decision on permission for dissolution of a private vocational education center or intermediate school in the locality, the provincial-level People’s Committee shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.”.
9. To amend and supplement Article 13 (which was amended and supplemented under Clause 5, Article 5 of Decree No. 140/2018/ND-CP) as follows:
“Article 13. Renaming vocational education institutions
1. A dossier of request for renaming a vocational education institution shall be made in 1 set, comprising a written request for renaming the vocational education institution, made by the vocational education institution’s managing agency, for public vocational education institutions, or by the owner or the Board of Directors of the vocational education institution, for private vocational education institutions, according to Form No. 01 provided in Appendix IV to this Decree.
2. Order, procedures and competence for renaming a vocational education institution
a/ The agency, organization or individual requesting the renaming of the vocational education institution shall submit via the online public service portal, send by post or hand-deliver a dossier specified in Clause 1 of this Article to the agency or organization specified at Point b, c or d, Clause 1, Article 8 of this Decree;
b/ Within 3 working days after receiving the dossier of request for renaming the vocational education institution, the agency or organization specified at Point b, c or d, Clause 1, Article 8 of this Decree shall submit to the competent person specified at Point c of this Clause a decision on renaming, or permitting the renaming of, the vocational education institution, made according to Form No. 02 provided in Appendix IV to this Decree. If deciding not to rename, or not to permit the renaming of, the vocational education institution, such agency or organization shall make a written reply clearly stating the reason;
c/ The person competent to establish, or permit the establishment of, the vocational education institution specified in Article 7 of this Decree has the power to decide to rename, or permit the renaming of, the vocational education institution;
d/ Publicizing and sending decisions on renaming, or permitting the renaming of, vocational education institutions
The Ministry of Labor, Invalids and Social Affairs; ministries, ministerial-level agencies, government-attached agencies, central bodies of socio-political organizations; and provincial-level People’s Committees shall publicize decisions on renaming, or permitting the renaming of, vocational education institutions on their websites.
Within 2 working days after issuing a decision on renaming, or permitting the renaming of, a college, the Ministry of Labor, War Invalids and Social Affairs shall send the decision to the college’s managing agency and the provincial-level People’s Committee of the locality where the college’s head office or branch is located for monitoring and management.
Within 2 working days after issuing a decision on renaming its attached public vocational education center or intermediate school, a ministry, ministerial-level agency, government-attached agency, or the central body of a socio-political organization shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) and the provincial-level People’s Committee of the locality where the vocational education center’s head office or the intermediate school’s head office or branch is located for monitoring and management.
Within 2 working days after issuing a decision on renaming its attached public vocational education center or intermediate school or a decision permitting the renaming of the private vocational education body or intermediate school in the locality, the provincial-level People’s Committee shall send the decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.
3. After a vocational education institution is renamed, it may continue providing training in the disciplines and occupations stated in its certificate of registration of vocational education activities or certificate of additional registration of vocational education activities granted by a competent agency.”.
10. To amend the title of, and add Clause 3 to, Article 14 as follows:
a/ To amend the title of Article 14 as follows:
“Article 14. Conditions for grant of certificates of registration of vocational education activities and autonomy in opening training disciplines and occupations”.
b/ To add Clause 3 to Article 14 as follows:
“3. Autonomy in opening training disciplines and occupations
A vocational education institution specified in Clause 2, Article 25 of the Law on Vocational Education shall, after obtaining a decision on assignment of financial autonomy issued by a competent agency, be entitled to autonomy in opening training disciplines and occupations (excluding disciplines and occupations in the fields of healthcare, security and national defense) when fully satisfying the conditions specified in Clauses 1 and 2 of this Article and meeting the following requirements:
a/ The institution is recognized by a competent agency or organization as meeting quality accreditation standards applicable to vocational education institutions;
b/ The intermediate- or college-level training disciplines and occupations are on the list of intermediate- or college-level training disciplines and occupations promulgated by the Minister of Labor, Invalids and Social Affairs;
c/ The elementary-level training occupations in which the institution is entitled to enjoy autonomy belong to the same group of elementary-level training occupations and the certificate of registration of vocational education activities granted to the institution covers at least 1 occupation in that group; the intermediate or college-level training disciplines and occupations in which the institution is entitled to enjoy autonomy belong to the same group of disciplines and occupations of a level-III code and the certificate of registration of vocational education activities granted to the institution covers at least 1 discipline or occupation in that group;
d/ The institution has established its school council, for intermediate schools and colleges;
dd/ The institution has issued its Regulation on organization and operation and internal management regulations;
e/ The institution has publicized information on conditions for organization of vocational education activities, vocational education quality accreditation results, and graduate employment rates, and other information on its website;
g/ Thirty days before organizing training activities, the institution shall send a report thereon to the Directorate of Vocational Education, for colleges, or to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where vocational education activities are organized, for intermediate schools and vocational education centers, made according to Form No. 02 or No. 03 provided in Appendix V to this Decree, respectively;
h/ Within 24 months counted up to the time of being entitled to enjoy autonomy in opening training disciplines and occupations, the institution commits no violation that is serious enough for it to be handled by a competent agency in one of the following forms: suspending vocational education activities; stopping enrollment and training organization; revoking the certificate of registration of vocational education activities or certificate of additional registration of vocational education activities; or depriving of the right to use the certificate of registration of vocational education activities or certificate of additional registration of vocational education activities;
i/ A vocational education institution that is subject to suspension of vocational education activities for its failure to fully meet the conditions specified in this Clause is not entitled to autonomy in opening training disciplines and occupation for 24 months counting from the date a competent agency issues a conclusion on its violation;
k/ Right after the first-course intermediate or college students of the disciplines and occupations opened under the autonomy mechanism graduate, the intermediate school or college shall accredit the quality of training programs of these disciplines and occupations. In case the results are unsatisfactory, the intermediate school or college shall be forbidden from carrying out enrolment and training activities until it meets the standards for quality accreditation of training programs.”.
11. To amend and supplement Article 15 (which was amended and supplemented under Clause 7, Article 5 and Clause 5, Article 6 of Decree No. 140/2018/ND-CP) as follows:
“Article 15. Dossiers of registration of vocational education activities
A dossier of registration of vocational education activities shall be made in 1 set, comprising:
1. A written request for registration of vocational education activities, made according to Form No. 04 provided in Appendix V to this Decree.
2. A report on registration of vocational education activities, made according to Form No. 05 provided in Appendix V to this Decree.
3. A copy of the establishment decision or decision on permission for establishment of the intermediate school, vocational education center, or vocational education-continuing education center, or investment registration certificate (if any) of the enterprise, for cases of registration of vocational education activities in a province or city where the education institution’s head office is not located.”.
12. To amend and supplement Article 16 as follows:
“Article 16. Competence to grant certificates of registration of vocational education activities
1. The Directorate of Vocational Education shall grant certificates of registration of vocational education activities to colleges.
2. Provincial-level Departments of Labor, Invalids and Social Affairs shall grant certificates of registration of vocational education activities to intermediate schools, vocational education centers, vocational education-continuing education centers and enterprises.”.
13. To amend and supplement Article 17 as follows:
“Article 17. Order and procedures for registration and grant of certificates of registration of vocational education activities
1. For colleges
a/ A college that registers vocational education activities shall submit via the online public service portal or send by post or hand-deliver a dossier of registration of vocational education activities specified in Article 15 of this Decree to the Directorate of Vocational Education;
b/ Within 10 working days after receiving the dossier, the Directorate of Vocational Education shall verify the dossier and grant a certificate of registration of vocational education activities, made according to Form No. 06 provided in Appendix V to this Decree. In case of refusal to grant a certificate, it shall make a written reply clearly stating the reason;
c/ Within 2 working days after issuing the certificate of registration of vocational education activities, the Directorate of Vocational Education shall publicize the certificate on its website, update it to the database on registration of vocational education activities and send the certificate to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where the college organizes vocational education activities for monitoring and management.
2. For intermediate schools, vocational education centers, vocational education-continuing education centers and enterprises
a/ An intermediate school, a vocational education center, a vocational education-continuing education center or an enterprise that registers vocational education activities shall submit via the online public service portal or send by post or hand-deliver a dossier of registration of vocational education activities specified in Article 15 of this Decree to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where it is going to organize vocational education activities;
b/ Within 10 working days after receiving the dossier, the provincial-level Department of Labor, War Invalids and Social Affairs shall verify the dossier and grant a certificate of registration of vocational education activities according to Form No. 06 provided in Appendix V to this Decree. In case of refusing to grant a certificate, it shall make a written reply clearly stating the reason;
c/ Within 2 working days after issuing the certificate of registration of vocational education activities, the provincial-level Department of Labor, Invalids and Social Affairs shall publicize the certificate on its website, update it to the database on registration of vocational education activities and send the certificate to the Directorate of Vocational Education for monitoring and management.”.
14. To amend and supplement Article 18 (which was amended and supplemented under Clause 8, Article 5 of Decree No. 140/2018/ND-CP) as follows:
“Article 18. Cases of additional registration of vocational education activities
Vocational education institutions, vocational education-continuing education centers and enterprises that have been granted certificates of registration of vocational education activities at their head offices may make additional registration of vocational education activities in the following cases:
1. Adding new training disciplines, occupations or levels (except cases in which the institutions/centers/enterprises are entitled to autonomy in opening training disciplines and occupation under Clause 3, Article 14 of this Decree).
2. Enrolling in excess of the total enrollment quotas per year of the disciplines and occupations of the same group at each location stated in the certificate of registration of vocational education activities or certificate of additional registration of vocational education activities by over 10%.
3. Being divided, separated or merged.
4. Establishing a branch that organizes training activities or adding a training location in addition to the training locations stated in the certificate of registration of vocational education activities or certificate of additional registration of vocational education activities.
5. Relocating the head office or a branch or training location which is the place where training activities are organized to another place.
6. Renaming the enterprise.”.
15. To amend and supplement Article 19 (which was amended and supplemented under Clause 9, Article 5 of Decree No. 140/2018/ND-CP) as follows:
“Article 19. Dossiers for additional registration of vocational education activities
1. For the cases specified in Clauses 1, 2, 3 and 4, Article 18 of this Decree, a dossier for additional registration of vocational education activities shall be made in 1 set, comprising:
a/ A written request for additional registration of vocational education activities, made according to Form No. 07 provided in Appendix V to this Decree;
b/ A report on additional registration of vocational education activities, made according to Form No. 08 provided in Appendix V to this Decree;
c/ A copy of the establishment decision or decision on permission for establishment of the intermediate school, vocational education center, or vocational education-continuing education center, or investment registration certificate (if any) of the enterprise requesting additional registration of vocational education activities, or a copy of the establishment decision or decision on permission for establishment of a branch of the intermediate school, for cases of making additional registration of vocational education activities in a province or where the intermediate school’s head office is not located;
d/ The written consent of the provincial-level Department of Labor, Invalids and Social Affairs of the locality where exists the college’s to-be-additionally registered new training location, for the case specified in Clause 4, Article 18 of this Decree.
2. For the case specified in Clause 5, Article 18 of this Decree, a dossier for additional registration of vocational education activities shall be made in 1 set, comprising:
a/ The documents specified at Points a, b and c, Clause 1 of this Article;
b/ A copy of a competent agency’s document on relocation of the head office or branch or training location.
3. For the case specified in Clause 6, Article 18 of this Decree, a dossier for additional registration of vocational education activities shall be made in 1 set, comprising:
a/ A written request for additional registration of vocational education activities, made according to Form No. 07 provided in Appendix V to this Decree;
b/ A copy of a competent agency’s document on renaming the enterprise.”.
16. To amend and supplement Article 20 as follows:
“Article 20. Conditions, order, procedures and competence for granting certificates of additional registration of vocational education activities
1. Conditions for granting certificates of additional registration of vocational education activities are specified in Clauses 1 and 2, Article 14 of this Decree.
2. Order and procedures for additional registration of vocational education activities
a/ The vocational education institution, vocational education-continuing education center or enterprise making additional registration of vocational education activities shall submit via the public service portal or send by post or hand-deliver a dossier specified in Article 19 of this Decree to the competent agency specified in Clause 3 of this Article;
b/ Order and procedures for granting certificates of additional registration of vocational education activities
For the cases specified in Clauses 1, 2, 3, 4 and 5, Article 18 of this Decree: The Directorate of Vocational Education or provincial-level Department of Labor, Invalids and Social Affairs shall verify the dossier according to Points b and c, Clause 1, or Points b and c, Clause 2, Article 17 of this Decree; grant a certificate of additional registration of vocational education activities, made according to Form No. 09 provided in Appendix V to this Decree. In case of refusal to grant a certificate, it shall issue a written reply clearly stating the reason.
For the case specified in Clause 6, Article 18 of this Decree: Within 3 working days after receiving the dossier, the provincial-level Department of Labor, Invalids and Social Affairs of the locality where the enterprise organizes vocational education activities shall verify the dossier and grant a certificate of additional registration of vocational education activities, made according to Form No. 09 provided in Appendix V to this Decree. In case of refusal to grant a certificate, it shall issue a written reply clearly stating the reason.
3. Agencies competent to grant certificates of registration of vocational education activities specified in Article 16 of this Decree may grant certificates of additional registration of vocational education activities.”.
17. To amend and supplement Article 21 as follows:
“Article 21. Suspension of vocational education activities
1. Vocational education institutions, vocational education-continuing education centers and enterprises shall be suspended from vocational education activities in the following cases:
a/ Committing violations in one of the cases specified at Points a, b and c, Clause 1, Article 20 of the Law on Vocational Education;
b/ Organizing vocational education activities under a certificate of registration of vocational education activities or certificate of additional registration of vocational education activities that is granted ultra vires;
c/ Failing to publicize on their websites information regarding conditions for organization of vocational education activities for training disciplines and occupations after being granted a certificate of registration of vocational education activities or certificate of additional registration of vocational education activities by a competent agency; failing to send reports on information publicization to provincial-level Departments of Labor, Invalids and Social Affairs of localities where vocational education activities are carried out;
d/ Failing to update vocational education diplomas and certificates they grant on the website for looking up vocational education diplomas at http://vanbang.gdnn.gov.vn.
2. Procedures for suspension of vocational education activities
a/ The agencies competent to grant certificates of registration of vocational education activities specified in Article 16 of this Decree shall organize examinations to assess the extent of violations committed by vocational education institutions, vocational education-continuing education centers and enterprises;
b/ Based on the severity of the violation, the competent agencies specified in Article 16 of this Decree shall decide to suspend vocational education activities;
c/ For the violation specified at Point b, Clause 1 of this Article, examination-conducting agencies shall decide to suspend or propose agencies competent to grant certificates of registration of vocational education activities to suspend vocational education activities;
d/ A decision on suspension of vocational education activities shall be made according to the form provided in Appendix VI to this Decree and must clearly specify the reason(s) for the suspension, duration of suspension, and measures to secure lawful interests of learners, teachers, administrators, staff members and employees. Decisions on suspension of vocational education activities shall be published in the mass media and on the websites of institutions subject to suspension of vocational education activities and the websites of the agencies issuing the suspension decisions;
dd/ Past the period of suspension of vocational education activities, if the causes leading to the suspension are completely remedied, the persons competent to decide on the suspension of vocational education activities shall issue decisions to permit the resumption of vocational education activities.”.
18. To amend and supplement Clause 1, and Point b, Clause 2, Article 22 as follows:
a/ To amend and supplement Clause 1 as follows:
“1. Vocational education institutions, vocational education-continuing education centers and enterprises shall be subject to revocation of certificates of registration of vocational education activities and certificates of additional registration of vocational education activities in one of the following cases:
a/ Violating regulations on organization of vocational education activities, causing serious consequences;
b/ Failing to remedy causes that lead to the suspension of vocational education activities though the period of suspension has expired, for the violations specified in Clause 1, Article 21 of this Decree;
c/ Violating the law on vocational education and being subject to administrative sanctions that require revocation of certificates;
d/ Failing to organize vocational education activities within 24 months after being granted a certificate of registration of vocational education activities or certificate of additional registration of vocational education activities;
dd/ Other cases as prescribed by law.”.
b/ To amend and supplement Point b, Clause 2, as follows:
“b/ Within 5 working days after obtaining results of the inspection and assessment of the severity of violation(s) and the reasons for revocation of certificates, the competent agency specified in Article 16 of this Decree shall decide to revoke the certificate of registration of vocational education activities or certificate of additional registration of vocational education activities. The revocation decision shall be published in the mass media and on the websites of the concerned education institution and the agency issuing the revocation decision, and notified to related agencies for coordinated implementation;”.
19. To amend and supplement Article 24 as follows:
“Article 24. Organization of implementation
1. The Ministry of Labor, Invalids and Social Affairs, as the central-level state management agency in charge of vocational education, shall
a/ Prescribe the management and organization of online training or blended training;
b/ Direct the Directorate of Vocational Education:
To guide the flexible adjustment of annual enrolment limits among disciplines, occupations and training levels stated in certificates of registration of vocational education activities or certificates of additional registration of vocational education activities.
To conduct annual inspection of the satisfaction of conditions on the organization of vocational education activities by colleges after granting certificates of registration of vocational education activities or certificates of additional registration of vocational education activities.
To guide the updating of data on registration of vocational education activities.
To guide, inspect, examine and supervise the implementation of regulations on conditions for investment and operation in the field of vocational education, and handle violations under this Decree and other relevant regulations.
2. Ministries, and central agencies of socio-political organizations shall
a/ Direct, urge and monitor the implementation of regulations on conditions for investment and operation in the field of vocational education under their management;
b/ Make biannual and annual reports on the implementation of regulations on conditions for investment and operation in the field of vocational education under their management according to Form No. 01 provided in Appendix VII to this Decree and send them to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management;
c/ Inspect and examine the implementation of regulations on conditions for investment and operation in the field of vocational education according to their competence, and handle violations under this Decree and other relevant regulations.
3. Provincial-level People’s Committees shall
a/ Direct provincial-level Departments of Labor, Invalids and Social Affairs and specialized agencies under provincial-level People’s Committees to inspect and examine the implementation of regulations on conditions for investment and operation in the field of vocational education under their competence and handle violations under this Decree and other relevant regulations;
b/ Direct provincial-level Departments of Labor, Invalids and Social Affairs:
To conduct the inspection of the satisfaction of conditions on organization of vocational education activities by intermediate schools, vocational education centers, vocational education-continuing education centers and enterprises after granting certificates of registration of vocational education activities or certificates of additional registration of vocational education activities.
To make biannual and annual reports on the implementation of regulations on conditions for investment and operation in the field of vocational education under their management according to Forms No. 01 and No. 02 provided in Appendix VII to this Decree and send them to the Directorate of Vocational Education for monitoring and management.
4. Responsibilities of vocational education institutions, vocational education-continuing education centers and enterprises that have registered for vocational education activities
a/ Private and foreign-invested vocational education institutions shall develop a roadmap for preparing conditions to practice autonomy in making decision to open training disciplines and occupations under Clause 3, Article 14 of this Decree so that they may practice such autonomy from January 1, 2024, if fully satisfying the law-specified conditions;
b/ Within 36 months for intermediate schools and colleges, or within 24 months for vocational education centers, after the establishment decision or establishment permission decision takes effect, colleges, intermediate schools and vocational education centers shall register vocational education activities;
c/ Within 24 months after obtaining certificates of registration of vocational education activities or certificates of additional registration of vocational education activities from competent agencies, vocational education institutions, vocational education-continuing education centers and enterprises shall organize training activities stated in such certificates;
d/ Institutions that have been granted certificates of registration of vocational education activities or certificates of additional registration of vocational education activities may adjust the annual enrolment limits among disciplines, occupations and training levels in the same group of grade-III disciplines and occupations or among elementary-level disciplines and occupations with the same names with collegial- or intermediate-level disciplines and occupations or among elementary-level disciplines and occupations in the same group of elementary-level training disciplines and occupations provided that they fully satisfy the conditions on registration of vocational education activities for each training discipline or occupation after flexible adjustment of enrolment limits under Clauses 1 and 2, Article 14 of this Decree.
The adjusted annual enrolment limit of disciplines and occupations for an institution may not exceed 10% of the total annual enrolment limit of disciplines and occupations in the same group in a training venue as stated in the certificate of registration of vocational education activities or certificate of additional registration of vocational education activities.
Institutions shall post information on the adjusted annual enrolment limit of a discipline or occupation on their websites and report thereon to the agency competent to grant certificates of registration of vocational education activities.
dd/ When an institution has the contents in its certificate of registration of vocational education activities changed that do not fall into the cases of additional registration of vocational education activities specified in Article 18 of this Decree, it shall send a report on such change to the agency competent to grant such certificate for monitoring and management;
e/ Heads of vocational education institutions, vocational education-continuing education centers, and enterprises that practice autonomy may decide on the annual enrolment limit for each training discipline or occupation in each form of training within the total annual enrolment limit as stated in their certificates of registration of vocational education activities or certificates of additional registration of vocational education activities;
g/ To manage and use the granted certificates of registration of vocational education activities or certificates of additional registration of vocational education activities under regulations. In case such certificates are lost, damaged or torn, to report to the agency competent to grant such certificates, clearly stating the reason;
h/ To post on their websites information on certificates of registration of vocational education activities or certificates of additional registration of vocational education activities and the conditions on the organization of vocational education activities for each training discipline or occupation stated in the certificates or decisions permitting practice of autonomy for opening of training disciplines or occupations (except the contents on the law-specified list of state secrets). To send reports on the posting to the provincial-level Departments of Labor, Invalids and Social Affairs of the localities where vocational education activities are organized for monitoring and management;
i/ To update information on vocational education diplomas and certificates they have granted on the website http://vanbang.gdnn.gov.vn;
k/ Vocational education institutions, vocational education-continuing education centers and enterprises that commit violations in registration of vocational education activities and are suspended from vocational education activities may not additionally register vocational education activities within 12 months from the date they have remediated the causes leading to such suspension.”.
20. To amend, add or replace the Appendices as follows:
a/ To amend Appendix I into “Forms of documents on the establishment or permission for the establishment of public or private vocational education institutions”, including:
Form No. 01: Written request for the establishment or permission for the establishment of a vocational education institution or a branch of an intermediate school or a college.
Form No. 02: Scheme on the establishment or permission for the establishment of a vocational education institution.
Form No. 03: Scheme on the establishment or permission for the establishment of a branch of an intermediate school or a college.
Form No. 04: Decision on the establishment or permission for the establishment of a vocational education institution or a branch of an intermediate school or a college.
b/ To amend Appendix II into “Forms of documents on the division, separation or merger of public or private vocational education institutions”, including:
Form No. 01: Written request for the division, separation or merger of a vocational education institution.
Form No. 02: Scheme on the division, separation or merger of a vocational education institution.
Form No. 03: Decision on the division, separation or merger of a vocational education institution.
c/ To amend Appendix III into “Forms of documents on the dissolution of public or private vocational education institutions; termination of operation of branches of public or private intermediate schools and colleges”, including:
Form No. 01: Written request for the dissolution of a vocational education institution; termination of operation of a branch of an intermediate school or a college.
Form No. 02: Scheme on the dissolution of a vocational education institution; termination of operation of a branch of an intermediate school or a college.
Form No. 03: Decision on the dissolution of a vocational education institution; termination of operation of a branch of an intermediate school or a college.
d/ To amend Appendix IV into “Forms of documents on renaming of public or private vocational education institutions”, including:
Form No. 01: Written request for renaming or permission for renaming of a vocational education institution.
Form No. 02: Decision on renaming or permission for renaming of a vocational education institution.
dd/ To add Appendix V “Forms of documents on registration of vocational education activities or additional registration of vocational education activities”, including:
Form No. 01: Scientific grounds for and analyses of new training disciplines and occupations.
Form No. 02: Report on autonomy in making decision on the opening of training disciplines and occupations.
Form No. 03: Decision on autonomy in opening training disciplines and occupations.
Form No. 04: Written registration of vocational education activities.
Form No. 05: Report on registration of vocational education activities.
Form No. 06: Certificate of registration of vocational education activities.
Form No. 07: Written additional registration of vocational education activities.
Form No. 08: Report on additional registration of vocational education activities.
Form No. 09: Certificate of additional registration of vocational education activities.
e/ To amend Appendix VI into “Form of decision on suspension of vocational education activities”;
g/ To amend Appendix VII into “Forms of reports on vocational education activities of public and private vocational education institutions”, including:
Form No. 01: Report on results of the establishment or permission for the establishment, division, separation, merger, dissolution or renaming of intermediate schools and vocational education centers; establishment, permission for the establishment or termination of operation of branches of intermediate schools.
Form No. 02: Report on results of grant of certificates of registration of vocational education activities or certificates of additional registration of vocational education activities.
h/ To annul Appendices Va, Vb and VIII.
21. To add or annul a number of phrases and annul a number of articles and clauses as follows:
a/ To replace the phrase “according to the form provided in Appendix I” at Point a, Clause 1, Article 6 with the phrase “according to Form No. 01 provided in Appendix I”;
b/ To replace the phrase “according to the form provided in Appendix II” at Point b, Clause 1, Article 6 with the phrase “according to Form No. 02 provided in Appendix I”;
c/ To add the phrase “according to Form No. 01 provided in Appendix III to this Decree” below the phrase “… a written request for dissolution made by the competent agency” in Clause 2, Article 11;
d/ To replace the phrase “vocational education institutions and enterprises” in Clause 1, Article 14 with the phrase “vocational education institutions, vocational education-continuing education centers and enterprises”;
dd/ To add the phrase “according to Form No. 01 provided in Appendix V to this Decree” to the end of Point a, Clause 2, Article 14;
e/ To annul the paragraph “and vocational education institution may be established or permitted to be established when it has an establishment scheme and satisfies the following conditions:” in Article 3;
g/ To annul the phrase “and Clause 2” in Clause 3, Article 6;
h/ To annul the phrase “and higher education institutions shall be granted certificates of registration of vocational education activities for collegial level” in Clause 2, Article 14;
i/ To annul the phrase “and higher education institutions” at Point a, Clause 2, Article 14;
k/ To annul the phrase “foreign-invested vocational education institutions” at Point d, Clause 2, Article 14 (amended and supplemented under Point b, Clause 6, Article 5 of Decree No. 140/2018/ND-CP);
l/ To annul Clause 5, Article 3; and Clause 2, Article 6.
Article 2. To amend and supplement a number of articles of the Government’s Decree No. 15/2019/ND-CP of February 1, 2019, detailing a number of articles of, and providing measures to implement, the Law on Vocational Education
1. To add Clause 5 to Article 2 as follows:
“5. Vocational education-continuing education centers.”.
2. To amend and supplement Clause 3, Article 9 as follows:
“3. Having a location for building its physical foundations which is of an area of at least 1,000 m2, for vocational education centers; 10,000 m2 or 20,000 m2, for intermediate schools in urban areas or non-urban areas, respectively; or 20,000 m2 or 40,000 m2, for colleges in urban areas or non-urban areas, respectively.
In case the location for building physical foundations of an intermediate school or a college is in both an urban area and a non-urban area, the land area shall be converted based on the ratio of 1:2 of the land area in the urban area to that in the non-urban area.”.
3. To amend and supplement Article 11 as follows:
“Article 11: Conditions for permitting the establishment of a branch of a foreign-invested intermediate school or college
1. Having a location for building physical foundations and an investment capital amount for establishment of a branch of a foreign-invested intermediate school or college at least equal to 25% of the minimum land area and investment capital amount required for establishment of a branch of a foreign-invested intermediate school or college as specified in Clauses 3 and 4, Article 9 of this Decree.
2. The branch of a foreign-invested intermediate school or college is not based in the province or centrally run city where such school’s or college’s head office is based.”.
4. To amend and supplement Clause 1, Article 12 as follows:
a/ To amend and supplement Point d as follows:
“d/ A copy of the land use rights certificate or the decision on land allocation or land lease for building a vocational education institution, issued by the provincial-level People’s Committee, accompanied with a copy of the receipt (of land use levy or land rental) or a proof of fulfillment of land-related financial obligations under regulations.
A copy of the contract on rent of land-attached physical foundations, which remains valid for at least 5 years from the date the dossier is sent, for cases of renting land-attached physical foundations, and a paper proving the lessor’s land use rights or land ownership.”.
b/ To add Point e to Clause 1 as follows:
“e/ A draft layout plan of construction architectural works which are suitable to the specialties, occupations, training scale and levels, and criteria on use area and construction area for learning and teaching activities.”.
5. To amend and supplement Article 15 as follows:
“Article 15. Procedures for permission for the establishment of branches of foreign-invested intermediate schools or colleges
1. A foreign-invested intermediate school or college shall send a dossier of request for permission for the establishment of its branch via the online public service portal or by post or hand-deliver it to the agency specified in Clause 2 or 3 of this Article.
2. The Directorate of Vocational Education shall receive dossiers of request for permission for the establishment of branches of foreign-invested colleges.
3. Provincial-level Departments of Labor, Invalids and Social Affairs shall receive dossiers of request for permission for the establishment of branches of foreign-invested intermediate schools in their localities.
4. Within 7 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 branch, the agency specified in Clause 2 or 3 of this Article shall appraise the dossier and submit it to the competent person specified in Article 13 of this Decree for the latter to issue a decision permitting the establishment of such branch, made according to Form No. 1C provided in the Appendix to this Decree. If finding the dossier invalid or refusing to give permission for the establishment of the branch, the competent agency/person shall reply in writing to the requester, clearly stating the reason.
5. Posting and sending of decisions permitting establishment of branches
a/ The Ministry of Labor, Invalids and Social Affairs and provincial-level People’s Committees shall post on their websites decisions permitting the establishment of branches of foreign-invested intermediate schools or colleges;
b/ Within 2 working days after issuing a decision permitting the establishment of a foreign-invested college’s branch, the Ministry of Labor, Invalids and Social Affairs shall send such decision to the provincial-level People’s Committee of the locality where the college’s branch is to be located for monitoring and management;
c/ Within 2 working days after issuing a decision permitting the establishment of a foreign-invested intermediate school’s branch, the provincial-level People’s Committee shall send such decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.”.
6. To amend and supplement Clauses 2 and 3, Article 17 as follows:
a/ To amend and supplement Clause 2 as follows:
“2. A dossier of request for division or separation of a foreign-invested vocational education institution or merger of foreign-invested vocational education institutions shall be made in 1 set, comprising:
a/ A written request for division, separation or merger, made by the owner(s) or lawful representative(s) of capital contributors of the involved vocational education institution(s) according to Form 2C provided in the Appendix to this Decree;
b/ A scheme on division, separation or merger of the institution(s), made according to Form 2D provided in the Appendix to this Decree;
c/ A minutes of the meeting of the capital-contributing or joint-venture parties on the division, separation or merger of the institution(s);
d/ A merger contract signed by at-law representatives of the involved foreign-invested vocational education institutions. Such contract must have the following principal contents: information on the merging institution and merged institution(s); 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(s) into capital contribution portions of the merging vocational education institution, and time limit for completion of the merger.”.
b/ To amend and supplement Clause 3 as follows:
“3. Competence to permit the division, separation or merger of foreign-invested vocational education institutions:
a/ The person competent to permit the establishment of a foreign-invested vocational education institution specified in Article 13 of this Decree has the power to permit the division, separation or merger of such institution;
b/ The Minister of Labor, Invalids and Social Affairs is competent to merge foreign-invested intermediate schools and vocational education centers into foreign-invested colleges.”.
7. To amend and supplement Clause 3, Article 18 as follows:
“3. A dossier of request for dissolution of a foreign-invested vocational education institution in the case specified in Clause 2, Article 21 of the Law on Vocational Education shall be made in 1 set, comprising:
a/ A written request for dissolution, made by the owner of the institution or the lawful representative of the institution’s capital contributors according to Form 2E provided in the Appendix to this Decree;
b/ A dissolution scheme, made according to Form 2G provided in the Appendix to this Decree.”.
8. To amend and supplement Article 20 as follows:
“Article 20. Renaming of foreign-invested vocational education institutions
1. A dossier of request for renaming of a foreign-invested vocational education institution shall be made in 1 set, comprising a written request for renaming made by the institution’s owner or the lawful representative of the institution’s capital contributors according to Form 2H provided in the Appendix to this Decree.
2. The order, procedures and competence for permitting the renaming of a foreign-invested vocational education institution are as follows:
a/ The institution’s owner or a lawful representative of the institution’s capital contributors requesting the renaming shall submit via the online public service portal, hand-deliver or send by post the dossier specified in Clause 1 of this Article to the Directorate of Vocational Education, for foreign-invested colleges, or to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where the institution’s head office is located, for foreign-invested intermediate schools or vocational education centers;
b/ Within 3 working days after receiving the dossier, the agency specified at Point a of this Clause shall submit it to the competent person specified at Point c of this Clause for the latter to issue a decision permitting the renaming of the foreign-invested vocational education institution, made according to Form 2I provided in the Appendix to this Decree. In case of refusal to permit the renaming, it shall issue a written reply, clearly stating the reason;
c/ The person competent to permit the establishment of a foreign-invested vocational education institution specified in Article 13 of this Decree has the power to decide to permit the renaming of the institution;
d/ Publicizing and sending decisions permitting the renaming of foreign-invested vocational education institutions
The Ministry of Labor, Invalids and Social Affairs and provincial-level People’s Committees shall publicize decisions permitting the renaming of foreign-invested vocational education institutions on their websites.
Within 2 working days after issuing a decision permitting the renaming of a foreign-invested college, the Ministry of Labor, Invalids and Social Affairs shall send such decision to the provincial-level People’s Committee(s) where the college’s head office or branch(es) is(are) located for monitoring and management.
Within 2 working days after issuing a decision permitting the renaming of a foreign-invested vocational education center or intermediate school based in its locality, the concerned provincial-level People’s Committee shall send such decision to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management.
3. After being renamed, a foreign-invested vocational education institution may continue providing training in disciplines and occupations stated in its certificate of registration of vocational education activities or a certificate of additional registration of vocational education activities issued by a competent agency.”.
9. To amend and supplement Article 21 as follows:
“Article 21. Forms of joint training with foreign partners
1. Joint training with foreign partners shall be implemented under the following training programs:
a/ Training programs developed by the two parties with grant of foreign diplomas or certificates or grant of both Vietnamese and foreign diplomas or certificates;
b/ Foreign training programs with grant of foreign diplomas or certificates;
c/ Training programs transferred by foreign partners with grant of foreign diplomas or certificates or both Vietnamese and foreign diplomas or certificates.
2. Joint training activities with foreign partners shall be implemented wholly in Vietnam or partly in Vietnam and partly in foreign countries as decided by joint training parties.”.
10. To amend and supplement Article 22 as follows:
“Article 22. Conditions for joint training with foreign partners and autonomy in making decisions on joint training with foreign partners
1. Training disciplines, occupations and levels
Vocational education institutions, vocational education-continuing education centers and enterprises that conduct joint training with foreign education and training institutions in the forms of joint training specified in Article 21 of this Decree may carry out joint training at vocational education levels in the fields provided in foreign regulations and in disciplines and occupations provided by Vietnam , except disciplines and occupations in the fields of politics, security, national defense or religion.
2. Persons to be enrolled in joint training programs
a/ In case of grant of Vietnamese diplomas or certificates, persons to be enrolled must comply with Vietnam’s law;
b/ In case of grant of foreign diplomas or certificates, persons to be enrolled must comply with foreign laws;
c/ In case of grant of both foreign and Vietnamese diplomas or certificates, persons to be enrolled must comply with Points a and b of this Clause.
3. Physical foundations and equipment for training activities
a/ Physical foundations and equipment for training activities must meet the training programs’ requirements; comply with the law of the country granting diplomas and certificates and correspond to the training scale;
b/ There must be classrooms, laboratories, practice rooms or workshops, and trial production facilities meeting requirements set for the elementary-, intermediate- or collegial-level training programs. The areas of classrooms and practice rooms or workshops must comply with regulations on physical foundations issued by the Minister of Labor, Invalids and Social Affairs;
In case the Minister of Labor, Invalids and Social Affairs has not yet promulgated regulations on physical foundations and equipment for training activities of disciplines and occupations registered for joint training with foreign partners, the physical foundations and equipment for training activities must satisfy the training programs’ regulations.
c/ For joint training partly implemented in a foreign country: The physical foundations and equipment for training activities must comply with the law of such country.
4. Training curricula, course books and training materials
a/ Vocational education institutions, vocational education-continuing education centers and enterprises that conduct joint training with foreign partners must have sufficient training curricula, course books and learning and training materials serving learners according to the requirements of each joint training program;
b/ Training curricula must not have contents that are detrimental to national defense and security or public interests, propagandize religions or distort history, or negatively affect Vietnamese culture, morality and fine customs and traditions.
5. Teaching staff
a/ The teaching staff must meet professional standards, be sufficient in number, and have professional composition satisfying the requirements of training programs and laws of the diploma and certificate-granting countries;
b/ Teachers giving lectures in foreign languages in joint training programs 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;
c/ Foreign teachers of joint training programs must meet the conditions prescribed by the law on foreign workers in Vietnam.
6. Languages used in teaching and learning activities
a/ The language used in 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/ Based on students’ demands, joint training parties may organize foreign-language training courses to help students attain the foreign language levels satisfying the conditions specified by both parties for attending the joint training programs.
7. Foreign education or training institutions must possess a vocational education quality accreditation certificate granted by a foreign accrediting agency or be recognized by a competent agency or organization as satisfying vocational education quality accreditation standards.
8. Autonomy in conducting joint training with foreign partners
A vocational education institution specified in Clause 2, Article 25 of the Law on Vocational Education, after obtaining a decision on assignment of financial autonomy issued by a competent agency, will be entitled to practice autonomy in conducting joint training with foreign partners (except disciplines and occupations in the fields of health, security and national defense) if satisfying the conditions specified in Clauses 1 thru 7 of this Article, and meeting the following requirements:
a/ The institution is recognized by a competent agency or organization as satisfying quality accreditation standards applicable to vocational education institutions;
b/ The disciplines and occupations in which the institution provides training at the intermediate or collegial level are on the list of intermediate- and collegial-level training disciplines and occupations issued by the Minister of Labor, Invalids and Social Affairs;
c/ The institution’s school council has been established, for colleges and intermediate schools;
d/ The institution has issued its organization and operation regulation and internal management regulations;
dd/ The institution has been granted by a competent agency a certificate of registration of vocational education activities for the disciplines and occupations in which it is entitled to practice autonomy in conducting joint training with foreign partners;
e/ The institution publicizes on its website information on conditions for organization of joint training activities with foreign partners, results of vocational education quality accreditation, validity of diplomas or certificates granted to learners, and other information;
g/ Thirty days before organizing joint training activities, the institution shall send a report made according to Form 3D provided in the Appendix to this Decree to the Directorate of Vocational Education, if it is a college, or send a report made according to Form 3E provided in the Appendix to this Decree to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where joint training activities will be organized, if it is an intermediate school or a vocational training center;
h/ Within 24 months counted up to the time of being entitled to practice autonomy in joint training with foreign partners, the vocational education institution commits no violation that is serious enough for it to be handled by a competent agency in one of the following forms: suspending vocational education activities; stopping enrollment and training activities; revoking the certificate of registration of joint training with foreign partners; or depriving of the right to use the certificate of registration of joint training with foreign partners;
i/ In case the vocational education institution is suspended from vocational education activities due to failure to fully meet the conditions specified in this Clause, it shall not be entitled to practice autonomy in joint training with foreign partners within 24 months from the date a competent state agency makes conclusion on its violation(s);
k/ Right after the graduation of the first class of intermediate or college students of the disciplines or occupations in which the institution provides joint training with foreign partners under the autonomy mechanism, the institution shall carry out quality accreditation of the training programs of these disciplines and occupations. In case the accreditation result is unsatisfactory, the institution may not conduct enrollment and training activities until it meets training program quality accreditation standards.”.
11. To amend and supplement Article 23 as follows:
“Article 23. Dossiers of registration of joint training with foreign partners
A dossier of registration of joint training with foreign partners shall be made in 1 set, comprising:
1. A written registration of joint training with foreign partners, made according to Form 3A provided in the Appendix to this Decree.
2. A report on registration of joint training with foreign partners, made according to Form 3B provided in the Appendix to this Decree.
3. A copy of the decision on establishment or permission for establishment or investment registration certificate (if any) of the enterprise registering joint training with foreign partners at the elementary level.
4. A copy of the vocational education quality accreditation certificate of the involved foreign education or training institution, or quality recognition paper issued by a competent agency.
5. A copy of the cooperation agreement or joint training contract between joint training parties.”.
12. To amend and supplement Article 24 as follows:
“Article 24. Competence to grant certificates of registration of joint training with foreign partners
1. The Directorate of Vocational Education shall grant certificates of registration of joint training with foreign partners for colleges.
2. Provincial-level Departments of Labor, Invalids and Social Affairs of the localities where intermediate schools, vocational education centers, vocational education-continuing education centers, and enterprises conduct joint training with foreign partners shall grant certificates of registration of joint training with foreign partners for the latter.”.
13. To amend and supplement Article 25 as follows:
Article 25. Order and procedures for grant of certificates of registration of joint training with foreign partners
1. A vocational education institution, a vocational education-continuing education center or an enterprise shall submit via the online public service portal, hand-deliver or send by post the dossier specified in Article 23 of this Decree to the Directorate of Vocational Education, for colleges; or to provincial-level Department of Labor, Invalid and Social Affairs of the locality where it will carry out joint training activities, for intermediate schools, vocational education centers, vocational education-continuing education centers, and enterprises.
2. Within 10 working days after receiving the dossier, the Directorate of Vocational Education or provincial-level Department of Labor, Invalid and Social Affairs shall examine the dossier and grant a certificate of registration of joint training with foreign partners, made according to Form 3C provided in the Appendix to this Decree. In case of refusal to grant a certificate, such agency shall issue a written reply, clearly stating the reason.
3. Publicizing and sending certificates of registration of joint training with foreign partners
a/ The Directorate of Vocational Education and provincial-level Departments of Labor, Invalids and Social Affairs shall publicize information on certificates of registration for joint training with foreign partners on their websites;
b/ Within 2 working days after granting a certificate of registration of joint training with foreign partners to a college, the Directorate of Vocational Education shall send a copy thereof to the provincial-level Department of Labor, Invalid and Social Affairs of the locality where the college will carry out joint training with foreign partners for monitoring and management;
c/ Within 2 working days after granting a certificate of registration of joint training with foreign partners, the provincial-level Department of Labor, Invalids and Social Affairs shall send a copy thereof to the Directorate of Vocational Education for monitoring and management.”.
14. To amend and supplement Point d of Clause 1, Clause 2, Clause 3, Clause 5, and Clause 6, Article 26 as follows:
a/ To amend and supplement Point d, Clause 1 as follows:
d/ Organizations conduct joint training with foreign partners under certificates of registration of joint training with foreign partners that have been granted ultra vires;”.
b/ To amend and supplement Clause 2 as follows:
“2. A vocational education institution, a vocational education-continuing education center or an enterprise may terminate its joint training with foreign partners or shall be subject to termination of joint training with foreign partners in one of the following cases:
a/ At the request of the joint training partners;
b/ It fails to conduct joint training though 24 months or more have passed after it is granted the certificate of registration of joint training with foreign partners;
c/ Other cases as specified by law.”.
c/ To amend and supplement Clause 3 as follows:
“3. Competence to suspend or terminate joint training with foreign partners
The agencies competent to grant certificates of registration of joint training with foreign partners specified in Article 24 of this Decree have the power to decide to suspend or terminate joint training with foreign partners.”.
d/ To amend and supplement Point d, Clause 4 as follows:
“d/ After the period of suspension of joint training with foreign partners expires, if the cause(s) that lead(s) to the suspension has(have) been addressed, the person competent to decide on the suspension shall issue a decision to permit the resumption of joint training with foreign partners.”.
dd/ To amend and supplement Clause 5 as follows:
“5. Dossier for termination of joint training with foreign partners
a/ A dossier for termination of joint training with foreign partners specified at Point a, Clause 2 of this Article shall be made in 1 set, comprising:
A written request for termination of joint training, made by the joint training parties and clearly stating the reason(s) for termination of joint training.
A report on termination of joint training, clearly stating the reason(s) for termination, to-be-terminated activities and plan on settlement of lawful rights and interests of learners, teachers, administrators and employees, and payment of tax arrears and other debts (if any).
b/ A dossier for termination of joint training with foreign partners specified at Point b, Clause 2 of this Article shall be made in 1 set, comprising a written record of examination by the agency competent to grant certificates of registration of joint training with foreign partners.”.
e/ To amend and supplement Clause 6 as follows:
“6. Order and procedures for termination of joint training with foreign partners
a/ Joint training parties shall submit via the online public service portal, send by post or hand deliver a dossier specified at Point a, Clause 5 of this Article to the Directorate of Vocational Education, for colleges; or to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where joint training with foreign partners is conducted, for intermediate schools, vocational education centers, vocational education-continuing education centers and enterprises;
b/ Within 10 working days after receiving the dossier, the Directorate of Vocational Education or provincial-level Department of Labor, Invalids and Social Affairs shall appraise the dossier and decide to terminate joint training with foreign partners; otherwise it shall reply in writing, clearly stating the reason;
c/ Within 5 working days after issuing the written record of examination as specified at Point b, Clause 5 of this Article, the Directorate of Vocational Education or provincial-level Department of Labor, Invalids and Social Affairs shall consider and decide to terminate joint training with foreign partners; otherwise it shall reply in writing, clearly stating the reason;
d/ The decision on termination of joint training with foreign partners must state the reason for termination and measures to guarantee lawful rights and interests of learners, teachers, administrators, and employees. The decision on termination of joint training with foreign partners shall be publicly announced in the mass media and on websites of the institution whose joint training is terminated and of the decision-issuing agency and notified to related agencies for coordinated implementation”.
15. To add Article 26a below Article 26 as follows:
“Article 26a. Revocation of certificates of registration of joint training with foreign partners
1. A vocational education institution, a vocational education-continuing education center or an enterprise will have its certificate of registration of joint training with foreign partners revoked in one of the following cases:
a/ It violates regulations on organization of joint training with foreign partners, causing serious consequences;
b/ Upon the expiration of the period of suspension of joint training with foreign partners due to commission of the violations specified in Clause 1, Article 26 of this Decree, it still fails to remedy the problems leading to the suspension;
c/ It violates the law on vocational education and is administratively sanctioned to the extent that is subject to revocation of its certificate of registration of joint training with foreign partners;
d/ Other cases as prescribed by law.
2. An agency competent to grant certificates of registration of joint training with foreign partners specified in Article 24 of this Decree may revoke a certificate of registration of joint training with foreign partners according to the following order and procedures:
a/ Examining and assessing the level of violations, identifying reasons for revocation of the certificate of registration of joint training with foreign partners;
b/ Within 5 working days after receiving results of examination and assessment of the level of violations, reasons for revocation, the competent agency specified in Article 24 of this Decree shall decide to revoke the certificate of registration of joint training with foreign partners. The revocation decision shall be publicly announced in the mass media and on websites of the institution having its certificate revoked and of the decision-issuing agency and notified to related agencies for coordinated implementation;
c/ Within 5 working days after receiving the decision on revocation of the certificate of registration of joint training with foreign partners, the vocational education institution, vocational education-continuing education center or enterprise shall return its certificate to the agency competent to issue the revocation decision, and at the same time terminate all activities of joint training with foreign partners under the revoked certificate right after the revocation decision takes effect.”.
16. To amend and supplement Clauses 5 and 6, Article 33 as follows:
a/ To amend and supplement Clause 5 as follows:
“5. A dossier of request for modification, supplementation, extension or re-grant of a representative office establishment license shall be made in 1 set, comprising a written request for modification, supplementation, extension or re-grant of a representative office establishment license, made by the foreign vocational education organization or institution according to Form 5D provided in the Appendix to this Decree.”.
b/ To amend and supplement Clause 6 as follows:
“6. Order and procedures for modification, supplementation, extension or re-grant of a representative office establishment license
a/ A foreign vocational education organization or institution shall submit via the online public service portal, send by post or hand deliver the dossier specified in Clause 5 of this Article to the Directorate of Vocational Education;
b/ Within 15 working days after receiving a complete and valid dossier, the Directorate of Vocational Education shall appraise it, then propose the competent person specified in Clause 4 of this Article to decide to modify, supplement, extend or re-grant the representative office establishment license of the foreign vocational education organization or institution in Vietnam; such a decision shall be made according to Form 5C provided in the Appendix to this Decree. If refusing to modify, supplement, extend or re-grant the license, the Directorate of Vocational Education shall reply in writing, clearly stating the reason;
c/ Within 2 working days after issuing the modified, supplemented or extended establishment license or re-granting the establishment license to the Vietnam-based representative office of the foreign vocational education organization or institution, the Directorate of Vocational Education shall send the license to the provincial-level People’s Committee of the locality where the representative office is located for monitoring and management, and publicize the license on its website.”.
17. To amend and supplement Point a, Clause 2, Article 40 as follows:
“a/ A written request for recognition of a private vocational education institution’s or foreign-invested vocational education institution’s shifting to operate after the not-for-profit model, made according to Form 5E provided in the Appendix to this Decree;”
18. To add Article 44a below Article 44 as follows:
“Article 44a. Organization of implementation
1. The Ministry of Labor, Invalids and Social Affairs shall
a/ Provide the management and organization of programs on joint training with foreign partners in the form of face-to-face training, online training or blended training;
b/ Direct the Directorate of Vocational Education to:
Inspect the satisfaction of conditions for organization of joint training with foreign partners after granting certificates of registration of joint training with foreign partners to colleges.
Guide, inspect, examine and supervise the implementation of regulations by foreign-invested vocational education institutions, branches of foreign-invested intermediate schools and colleges; institutions conducting joint training with foreign partners; Vietnam-based representative offices of foreign vocational education organizations and institutions; not-for-profit private or foreign-invested vocational education institutions; and handle violations under this Decree and relevant laws.
2. Provincial-level People’s Committees shall
a/ Direct provincial-level Departments of Labor, Invalids and Social Affairs and their attached specialized agencies to conduct intra vires inspection and examination of foreign-invested vocational education institutions, branches of foreign-invested intermediate schools and colleges in localities; institutions conducting joint training with foreign partners; Vietnam-based representative offices of foreign vocational education organizations and institutions in localities; and not-for-profit private or foreign-invested vocational education institutions; and handle violations under this Decree and relevant laws;
b/ Biannually and annually, make reports according to Form 7A provided in the Appendix to this Decree, and send them to the Ministry of Labor, Invalids and Social Affairs (the Directorate of Vocational Education) for monitoring and management;
c/ Direct provincial-level Departments of Labor, Invalids and Social Affairs to:
Inspect the satisfaction of conditions for organization of joint training with foreign partners after granting certificates of registration of joint training with foreign partners to intermediate schools, vocational education centers, vocational education-continuing education centers and enterprises.
Biannually and annually, make reports according to Form 7B provided in the Appendix to this Decree, and send them to the Directorate of Vocational Education for monitoring and management.
3. For vocational education institutions, vocational education-continuing education centers and enterprises that have registered for vocational education
a/ Private vocational education institutions and foreign-invested vocational education institutions shall develop a roadmap for preparation of conditions for practicing autonomy in joint training with foreign partners as specified in Clause 8, Article 22 of this Decree so that from January 1, 2024, if fully meeting the law-specified conditions, they will be entitled to practice autonomy in joint training with foreign partners under regulations;
b/ Foreign-invested vocational training institutions shall register vocational education operation within 36 months, for foreign-invested intermediate schools and colleges, or 24 months, for foreign-invested vocational education centers, counted from the effective date of their decisions on grant of permission for establishment;
c/ Within 24 months from the date of being granted certificates of registration of joint training with foreign partners, vocational education institutions, vocational education-continuing education centers and enterprises shall organize joint training with foreign partners under the certificates granted by competent agencies;
d/ To manage and use their certificates of registration of joint training with foreign partners according to regulations. In case their certificates are lost, damaged or torn, to report thereon to competent agencies that have granted such certificates, clearly stating the reason;
dd/ To publicize on their websites their certificates of registration of joint training with foreign partners and information on conditions for organization of joint training in each discipline or occupation stated in their certificates of registration of joint training with foreign partners or decisions on entitlement to autonomy in joint training with foreign partners. To report information publicization results to provincial-level Departments of Labor, Invalids and Social Affairs of the localities where joint training activities are conducted for monitoring and management;
e/ Vocational education institutions, vocational education-continuing education centers and enterprises that commit acts of violation of regulations on registration of joint training with foreign partners to the extent that is subject to suspension from joint training with foreign partners, may not conduct joint training with foreign partners within 12 months after the problems leading to the suspension are remedied.”.
19. To amend and supplement some forms as follows:
a/ To amend Forms 3A, 3B and 3C;
b/ To add Forms 2C, 2D, 2E, 2G, 2H and 2I below Form 2B;
c/ To add Forms 3D and 3E below Form 3C;
d/ To add Forms 5D and 5E below Form 5C;
dd/ To add Forms 7A and 7B after Form No. 6;
e/ To annul Form 4B;
g/ To replace the phrase “names of the agencies, organizations or state titles that issue decisions” in Forms 1C, 2A, 2B, 4A provided in the Appendix to Decree No. 15/2019/ND-CP with the phrase “names of the agencies or organizations that issue decisions”.
20. To add or annul a number of phrases and annul a number of phrases and clauses as follows:
a/ To replace the phrase “Within 20 working days” at Point a, Clause 5, Article 18 with the phrase “Within 15 working days”;
b/ To add the phrase “vocational education-continuing education centers” after the phrase “vocational education institutions” in Clause 1, and at Point c, Clause 4, Article 26; Clause 3, Article 42; and Clause 2, Article 43;
c/ To annul the phrase “Clause 2, Clause 3” at Point c, Clause 3, Article 12;
d/ To annul the phrase “Within 15 working days after receiving a dossier, the appraisal council shall appraise it and notify appraisal results” at Point d, Clause 1, Article 14;
dd/ To annul Clause 6, Article 9; and Point d, Clause 2, Article 40.
Article 3. Transitional provisions
1. Agencies, organizations and individuals that have sent dossiers of application for establishment, permission for establishment, division, separation, merger, dissolution or renaming of public or private vocational education institutions; establishment, permission for establishment, or termination of operation of branches of public or private intermediate schools and colleges before the effective date of this Decree shall further proceed with the formalities specified in Decree No. 143/2016/ND-CP and Decree No. 140/2018/ND-CP.
2. For vocational education institutions, vocational education-continuing education centers and enterprises that have been granted certificates of registration of vocational education activities before the effective date of this Decree, their heads shall flexibly decide on the annual enrollment limits under this Decree and guidance of the Directorate of Vocational Education.
3. Higher education institutions that have been granted certificates of registration of vocational education activities for organizing college- and intermediate-level training in specialized disciplines and occupations or under projects for which investment policy has been approved by the Prime Minister shall further conduct enrollment through December 31, 2025.
4. Vocational education institutions, vocational education-continuing education centers and enterprises that have filed dossiers for registration of vocational education activities or dossiers for additional registration of vocational education activities before the effective date of this Decree shall further proceed with the formalities specified in Decree No. 143/2016/ND-CP and Decree No. 140/2018/ND-CP.
5. Organizations and individuals that have filed dossiers of application for permission of establishment, division, separation, merger, dissolution or renaming of foreign-invested vocational education institutions; permission for establishment or termination of operation of branches of foreign-invested intermediate schools and colleges before the effective date of this Decree shall further proceed with the formalities specified in Decree No. 15/2019/ND-CP.
6. Vocational education centers, vocational education-continuing education centers and enterprises that have filed dossiers of registration of joint training with foreign partners or request for the resumption of joint training operation after having remedied the problems leading to the suspension before the effective date of this Decree shall further proceed with the formalities specified in Decree No. 15/2019/ND-CP.
7. Organizations that have sent dossiers of application for permission for establishment or termination of operation of representative offices; dossiers of request for modification, supplementation, extension or re-grant of representative office establishment licenses; revocation of establishment licenses of Vietnam-based representative offices of foreign vocational education organizations and institutions before the effective date of this Decree shall further proceed with the formalities specified in Decree No. 15/2019/ND-CP.
8. Organizations and individuals that have filed dossiers of application for permission of establishment and recognition of not-for-profit private or foreign-invested vocational education institutions before the effective date of this Decree shall further proceed with the formalities specified in Decree No. 15/2019/ND-CP.
Article 4. Effect
1. This Decree takes effect on June 1, 2022.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations, enterprises and individuals shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM
* The appendices to this Decree are not translated.
[1] Công Báo Nos 315-316 (22/4/2022)
Vietnamese
Decree 24/2022/NĐ-CP DOC (Word)
Decree 24/2022/NĐ-CP PDF (Original)
