Decree No. 48/2015/ND-CP dated May 15, 2015 of the Government detailing a number of articles of the Law on Vocational Education

DECREE

Detailing a number of articles of the Law on Vocational Education[1]

\Pursuant to the December 25, 2001 Law on Organization of the Government;

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

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

The Government promulgates the Decree detailing a number of articles of the Law on Vocational Education.

Chapter I

GENERAL PROVISIONS

Article1.Scope of regulation

This Decree details a number of articles of the Law on Vocational Education concerning:

1. Competence and contents of state management of vocational education.

2. International cooperation on vocational education, covering conditions, competence, order and procedures to grant registration certificates of joint training with foreign parties; and conditions and procedures for permission of the establishment, merger, division and split-up of foreign-invested vocational education institutions.

3. Rights and responsibilities of enterprises in vocational education activities.

Article2.Subjects of application

1. Public, private and foreign-invested vocational education centers, intermediate schools and colleges.

2. The central state management agency of vocational education; ministries, ministerial-level agencies, provincial-level People’s Committees, specialized agencies assisting provincial-level People’s Committees in performing the state management of vocational education in provinces; district-level People’s Committees; commune-level People’s Committees.

3. Vietnamese and foreign organizations and individuals involved in vocational education activities in Vietnam.

Article3.State management agencies of vocational education

State management agencies of vocational education include:

1. The central state management agency of vocational education.

2. Local state management agencies of vocational education: Within the ambit of their tasks and powers, provincial-level People’s Committees shall perform the state management of vocational education in their provinces according to the Government’s decentralization and this Decree.

Chapter II

COMPETENCE AND CONTENTS OF STATE MANAGEMENT OF VOCATIONAL EDUCATION

Article 4.Competence and contents of state management of vocational education by the central state management agency of vocational education

1. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and related agencies in, elaborating and submitting to the Government for consideration and decision:

a/ Draft laws and resolutions for submission to the National Assembly; draft ordinances and resolutions for submission to the National Assembly Standing Committee;

b/ Government decrees and resolutions.

2. To assume the prime responsibility for, and coordinate with ministries, sectors and related agencies in, elaborating and submitting to the Prime Minister for consideration and decision:

a/ Decisions, directives, strategies, master plans, long-, medium- and short-term plans, target programs, projects and schemes on vocational education development;

b/ The scheme on the organizational apparatus assisting the head of the agency in performing the state management of vocational education in accordance with law.

3. To promulgate circulars and decisions on technical-economic standards, regulations and norms; to provide professional guidance on vocational education according to its competence.

4. To direct, guide, inspect, evaluate and organize the implementation of legal documents, policies, strategies, master plans, plans, target programs, schemes and projects on vocational education after they are approved by competent state agencies.

5. To set the minimum knowledge amount for each training level.

6. To determine the capacity required for students after completing each training level of vocational education, including vocational knowledge, skills, attitude and responsibilities based on national occupational skill standards corresponding to the training level, and the level of independence in performing jobs required by a specialization or an occupation.

7. To establish processes for developing, appraising, issuing, and organizing the implementation of, school year-, module- or credit-based training programs of elementary, intermediate and collegial levels; and processes for compiling, selecting, appraising, approving and using course books for vocational education; to regulate transferable training and joint organization of training programs at Vietnamese vocational education institutions; to develop criteria of high quality training programs.

8. To set specific conditions, requirements and procedures for the establishment or for permission of the establishment, merger, division, split-up, termination of operation and dissolution of vocational education institutions and their branches (except foreign-invested vocational education institutions); conditions, competence and procedures for granting and revocation of vocational education registration certificates.

9. To issue charters for vocational colleges, intermediate schools and education centers; to regulate the determination of admission quotas of vocational education institutions and issue enrolment regulations; to regulate the organization of training programs based on specialization, occupation or school year, or module or credit accumulation; to regulate continuing training, on-the-job training and occupational skill improvement retraining for employees; to issue regulations on test, examination and graduation recognition; to set forms and regulate the printing, management, grant, withdrawal and cancellation of vocational education diplomas and certificates; to determine responsibilities of foreign-invested vocational education institutions for the grant of diplomas and certificates in Vietnam.

10. To specify trained standard qualifications for teachers of all vocational education levels, including training levels and occupational skill certificates for practice training required by occupations, pedagogic certificates; professional criteria of vocational teachers and administrators; criteria of heads of vocational education institutions; regulations on assessment of vocational education public employees; contents and forms of recruitment of vocational education public employees; working regime for vocational education teachers; contents of programs on training and retraining in occupational skills and pedagogy for teachers of vocational education institutions and training institutions for vocational teachers and administrators; forms and regulations on management and grant of vocational pedagogic certificates. To guide the planning, training, retraining and employment of teachers, trainers of continuing training programs and vocational education administrators. To direct and organize exams for rank promotion of professional titles of vocational education public employees and award of honorary titles for vocational education teachers in accordance with law.

11. To issue regulations on student affairs.

12. To establish conditions on specialization- or occupation-based physical foundations for vocational education institutions; lists and standards of minimum equipment required for each training level by specialization or occupation; lists and standards of minimum equipment required for training in  national key occupations and high quality occupations approaching regional and international advanced levels; norms of supplies consumption in training of each occupation, each training level and for national key occupations and high quality occupations approaching regional and international advanced levels.

13. To issue lists of disciplines and occupations of specialization-based training or occupations at collegial and intermediate levels; lists of hard and hazardous sectors and occupations; lists of disciplines and occupations permitted for foreign cooperation and investment in vocational education in Vietnam.

14. To determine conditions and competence to establish, or permit the establishment or dissolution of, vocational education quality accreditation organizations; to regulate tasks and powers of vocational education quality accreditation organizations; vocational education quality accreditation criteria, standards, process and cycle; recognition of accreditation results of vocational education quality accreditation organizations; grant and revocation of certificates of eligibility for standard vocational education quality accreditation; criteria, tasks and powers of vocational education quality accreditors and training institutions for accreditors; management and grant of vocational education quality accreditor cards; and development of quality assurance systems of vocational education institutions.

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

16. To stipulate the order and procedures for recognition of foreign vocational education diplomas and certificates and recognition of equivalence for graduates from overseas vocational training programs of different levels.

17. To guide the ranking of vocational education institutions.

18. To decide on the establishment, merger, division, split-up and dissolution of public colleges or to permit the establishment, merger, division, split-up and dissolution of private and foreign-invested colleges; to recognize non-profit private and foreign-invested colleges; to license representative offices of foreign vocational education institutions operating in Vietnam. To organize the registration of vocational education operations for colleges and higher education institutions providing specialization- and occupation-based training which register for vocational education.

19. To guide and inspect activities of societies, associations and non-governmental organizations in the field of vocational education in accordance with law.

20. To direct, guide and organize the application of information technology to vocational education. To organize statistical and information work and develop a vocational education database.

21. To direct and organize scientific and technological research, popularization and application to, and production, business and services in, vocational education.

22. To periodically organize and direct and guide the organization of teaching contests for good teachers, and national contests of self-made teaching aids and competitions of culture and art performance and physical training and sports for students. To coordinate with the state management agency of labor in organizing national skills competitions and participation in ASEAN and international skills competitions.

23. To mobilize, manage and use resources for vocational education development.

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

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

Article 5.Responsibilities of ministries and ministerial-level agencies for coordination with the central state management agency of vocational education in the state management of vocational education

1. According to their assigned functions, tasks and powers, ministries and ministerial-level agencies shall coordinate with the central state management agency of vocational education in performing the unified state management of vocational education according to their competence.

2. Ministries and ministerial-level agencies with attached vocational education institutions shall:

a/ Formulate and implement their own strategies, master plans, long-, medium- and short-term plans on vocational education in line with national strategies, master plans and plans on vocational education in order to meet their demand and the society’s for technical human resources;

b/ Develop master plans on training and retraining and implement policies for vocational teachers and administrators of their attached vocational education institutions in accordance with law;

c/ Decide on the establishment, termination of operation, merger, division, split-up and dissolution of public vocational colleges, intermediate schools and centers under their management in accordance with the law on vocational education and guiding documents of the central state management agency of vocational education;

d/ Decide on recognition of ranks of their attached public vocational colleges, intermediate schools and centers; appoint, re-appoint, relieve from duty and dismiss rectors of vocational colleges or intermediate schools, and directors of public vocational education centers according to regulations of the central state management agency of vocational education and other relevant regulations;

dd/ Organize teaching contests for good teachers, contests of self-made teaching aids, competitions of culture, art performance, physical training and sports, and ministerial-level skills competitions under guidance;

e/ Manage and examine their attached vocational education institutions in implementing regulations on enrollment, tests, examinations and recognition of graduation and in granting training diplomas and certificates in accordance with law;

g/ Guide and examine their attached public vocational education institutions in implementing the regime of autonomy and accountability in accordance with law;

h/ Organize their state management apparatus for vocational education (if any) in accordance with law; directly manage their vocational education institutions (if any) according to their assigned functions and tasks;

i/ Apply information technology to, make statistics of, build a database and periodically report on the organization of, vocational education activities of their attached vocational education institutions (if any) according to regulations of the central state management agency of vocational education;

k/ Manage, guide and examine their attached vocational education institutions in using state budget funds and other lawful revenues; socialize vocational education, mobilize social resources for development of vocational education; ensure autonomy and accountability of their attached vocational education institutions in accordance with law;

l/ Conduct international cooperation on vocational education according to their competence;

m/ Inspect their attached vocational education institutions in implementing vocational education policies, law and tasks; handle violations of and settle complaints and denunciations about these institutions in accordance with law.

3. Line ministries shall coordinate with the central state management agency of vocational education in guiding standard capacity required for administrators and teachers and professional contents in developing and organizing training programs for specializations and occupations under their management according to regulations.

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

1. To elaborate master plans and long-, medium- and short-term plans on vocational education; provincial programs and projects on vocational education development meeting local human resource demand; and solutions for improvement of vocational education quality and effectiveness, for submission to provincial-level People’s Councils, and organize their implementation after they are approved; ensure conditions on budget, teachers, administrators, public employees, laborers and physical and technical foundations of provincial-level public vocational education institutions.

2. To mange vocational education institutions under their management and perform territory-based administrative management of vocational education institutions under ministries and ministerial-level agencies, and private and foreign-invested vocational education institutions in their localities according to the charters of vocational education institutions promulgated by competent authorities and relevant laws. To create favorable conditions for vocational education institutions in their localities to carry out training activities, popularize scientific and technical advances and transfer technologies.

3. To decide on the establishment, termination of operation, merger, division, split-up and dissolution of provincial public vocational intermediate schools and centers and permit the establishment, merger, division, split-up and dissolution of private vocational intermediate schools and centers in their localities in accordance with the law on vocational education and the guidance of the central state management agency of vocational education.

4. To manage and inspect provincial vocational education institutions in implementing regulations on enrolment, tests, exams and graduation recognition and in granting vocational diplomas and certificates in accordance with law.

5. To manage and inspect the observance of criteria of vocational teachers and administrators; guide and direct the planning of training, retraining and employment of vocational teachers and administrators in provinces under regulations of the central state management agency of vocational education.

6. To register vocational education operations of vocational intermediate schools and centers and enterprises which register for vocational education according to regulations of the central state management agency of vocational education.

7. To decide on recognition of ranks of provincial public vocational colleges, intermediate schools and centers, and non-profit private and foreign-invested intermediate schools and vocational education centers; to appoint, re-appoint, relieve from duty and dismiss rectors of attached vocational colleges and intermediate schools and directors of attached public vocational education centers; to recognize rectors of private intermediate schools and directors of private vocational education centers under regulations of the central state management agency of vocational education.

8. To organize provincial-level teaching contests for good teachers, contests of self-made teaching aids, competitions of culture, art performance, physical training and sports, and skills competitions under guidance.

9. To guide and direct their attached vocational education institutions in implementing the law on vocational education; to inspect the law observance by vocational education institutions and other establishments engaged in vocational education activities in their localities according to their competence.

10. To guide and direct provincial public vocational education institutions in developing working posts and the structure of public employees according to professional titles in accordance with law; to inspect vocational education institutions in implementing the mechanism of autonomy and accountability in finance, organization and personnel in accordance with law.

11. To organize the implementation of vocational training support policies and guidelines for socialization of vocational education activities.

12. To perform statistical and information work on organization and operation of vocational education and send periodical reports on vocational education to the central state management agency of vocational education.

13. To conduct international cooperation on vocational education according to their competence.

14. To submit to the People’s Councils of the same level for decision vocational education budget estimates, allocation and settlement in accordance with the State Budget Law and current regulations.

15. To inspect and examine the implementation of the law on vocational education in their localities according to their competence.

16. To settle complaints and denunciations, and handle violations in vocational education in accordance with law.

17. To organize specialized agencies to assist provincial-level People’s Committees in performing the state management of vocational education in their provinces in accordance with this Decree and other relevant regulations.

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

Article 7.District-level People’s Committees’ responsibilities for assisting provincial-level People’s Committees in the state management of vocational education

According to their assigned functions and tasks, district-level People’s Committees shall perform the state management of vocational education according to their competence and take responsibility before provincial-level People’s Committees for vocational education development in their districts in accordance with this Decree.

Article 8.Commune-level People’s Committees’ responsibilities for assisting district-level People’s Committees in the state management of vocational education

According to their assigned functions, tasks and power, commune-level People’s Committees shall perform the state management of vocational education according to their competence and take responsibility before higher-level People’s Committees for vocational education development in their communes in accordance with this Decree.

Chapter III

INTERNATIONAL COOPERATION ON VOCATIONAL
EDUCATION

Section 1

JOINT TRAINING

Article 9.Forms of joint training

1. Training in Vietnam under Vietnamese programs or programs developed by the two parties; grant of Vietnamese diplomas and certificates.

2. Training in Vietnam under foreign-transferred programs; grant of Vietnamese diplomas and certificates recognized by prestigious international education and training institutions.

3. Training in Vietnam under foreign programs or programs developed by the two parties; grant of foreign diplomas and certificates recognized by prestigious international education and training institutions.

4. Training in Vietnam under foreign-transferred programs; grant of Vietnamese and foreign diplomas and certificates recognized by prestigious international education and training institutions.

5. Training partly under Vietnamese programs or foreign programs in  Vietnam and partly under foreign programs overseas; grant of foreign diplomas and certificates recognized by prestigious international education and training institutions.

Article 10.Conditions for grant of joint training registration certificates

1. Disciplines, occupations and levels of training

Vocational education institutions engaged in joint training with foreign education and training institutions in the forms prescribed in Article 9 of this Decree may conduct joint training in disciplines and occupations and at levels licensed by competent Vietnamese agencies.

2. Conditions on trainees under joint training programs

a/  For grant of diplomas of Vietnamese education institutions, trainees must satisfy conditions prescribed by Vietnamese law;

b/ For grant of diplomas of foreign education institutions, trainees must satisfy foreign-prescribed conditions which must match the admission conditions required by those foreign education institutions in their countries and be approved by the central state management agency of vocational education;

c/ For grant of diplomas of both Vietnamese and foreign vocational education institutions, trainees must satisfy the conditions prescribed at Points a and b, Clause 2 of this Article.

3. Physical foundations and training equipment

a/ Physical foundations must meet requirements of each discipline or occupation to be trained in, specifically:

- Lecture and practice rooms must be appropriate to the training scale according to regulations. The area of a lecture room must ensure minimum 1.5 m²per seat and the area of a practice room, minimum 4-6 m²per seat;

- Practice workshops must fully meet practice requirements under training programs;

- Laboratories and lecture rooms must meet requirements on teaching, learning and research under training programs.

b/ Training equipment must meet requirements according to the list of essential training equipment required for a specialization or an occupation, which is promulgated by the central state management agency of vocational education. For a specialization or an occupation without a list of essential training equipment, there must be all training equipment required by the training program corresponding to the training scale of that specialization or occupation.

4. Training programs and course books

a/ A vocational education institution providing joint training shall fully provide training programs, course books and learning materials for learners;

b/ The training program must be the one whose quality has been accredited and recognized according to regulations of the central state management agency of vocational education.

5. Teachers

a/ Teachers of joint training programs must possess at least trained standard qualifications prescribed in Article 54 of the Law on Vocational Education, or be craftspersons or skilled persons who possess a pedagogic certificate or equivalent;

b/ Foreign teachers of joint training programs must have at least 5 years’ experience in their subjects;

c/ Teachers and administrators must be sufficient in number and appropriate to the structure of disciplines, occupations and levels of training, in which:

- The ratio of students/teacher must be 25, for specializations and occupations in humanities, economics and services; 20, in technical and technological fields; 15, for specializations or occupations requiring trainees’ aptitudes;

- The number of permanent teachers must be sufficient to take charge of at least 60% of the content of the training program of each discipline or occupation under the joint training program.

6. Language for teaching and learning

a/ The language used for teaching and learning specialized subjects under a joint training program for grant of foreign diplomas must be a foreign language, not Vietnamese, and without interpreters. Joint training programs for grant of Vietnamese diplomas and certificates may be conducted in Vietnamese or in a foreign language through interpreters;

b/ Teachers providing training in foreign languages under joint training programs must possess foreign language qualifications meeting the training program requirements which must not be lower than level 5 under Vietnam’s six-level language proficiency framework or equivalent;

c/ Learners of joint training programs for grant of foreign diplomas must possess foreign language skills of at least level 3 under Vietnam’s six-level language proficiency framework or equivalent;

d/ Based on learners’ demand, vocational education institutions providing joint training may organize foreign language training courses to help learners attain the level prescribed at Point c, Clause 6 of this Article before organizing the main training program.

7. The scale of a joint training program shall be determined based on the quality assurance conditions prescribed in Clauses 3 and 5 of this Article.

Article 11.Joint training registration dossier

1. Written registration of joint training operations signed by joint training parties.

2. A report on joint training assurance conditions made by joint training parties, which must clearly state: Objectives of the joint training program; specializations, occupations and levels of training; physical foundations and equipment; training program and course books; list of expected teachers and lecturers (enclosed with documents proving their professional qualifications and teaching experience); trainees and admission criteria; training scale; forms of examination and assessment; diplomas or certificates to be granted, equivalence of foreign diplomas or certificates to those of Vietnam’s national education system; quality assurance and risk management measures; sections in charge of the joint training program (enclosed with resumes of representatives of the Vietnamese and foreign vocational education institutions managing the program); school fee rates, financial assistance (if any) from Vietnamese and foreign individuals and organizations, budget estimates, finance management mechanism; responsibilities and powers of joint training parties; responsibilities and rights of teachers and learners.

3. Cooperation agreement or contract between joint training parties.

4. Certified copies of decisions establishing, or permitting the establishment of, the vocational education institutions or equivalent documents of the joint training parties.

5. Certified copies of documents proving Vietnamese and foreign vocational education institutions’ eligibility for training in the field of joint training.

6. Certified copy of the quality accreditation certificate of the foreign training program or the foreign vocational education institution, or of a competent agency’s quality recognition paper.

Article 12.Order and procedures for grant of joint training registration certificates

1. Joint training parties shall make 1 dossier set as prescribed in Article 11 of this Decree and submit it to:

a/ The central state management agency of vocational education, for joint training registration dossiers of colleges and higher education institutions;

b/ The specialized agency assisting the provincial-level People’s Committee in the state management of vocational education, for joint training registration dossiers of vocational education centers and intermediate schools.

2. Within 5 working days after receiving a dossier, the receiving agency shall check its validity. If the dossier is invalid, it shall notify in writing to the joint training parties for modification and supplementation.

3. Within 30 working days after receiving a valid dossier, the receiving agency shall assume the prime responsibility for, and coordinate with related agencies and units in, conducting physical inspection of the applicant’s eligibility, and send a report to a competent authority specified in Article 13 of this Decree for consideration and decision.

4. Within 5 working days after receiving an appraisal report, competent authorities shall give their replies.

5. If the applicant is ineligible to conduct joint training operations, within 5 working days after receiving opinions of competent authorities, the dossier-receiving agency shall issue a written reply clearly stating the reason.

6. Within 10 working days after granting a joint training registration certificate, the specialized agency assisting the provincial-level People’s Committee in the state management of vocational education shall send a copy of this certificate to the central state management agency of vocational education.

7. When changing any content written in its joint training registration certificate, a vocational education institution shall make additional registration with a competent state agency specified in Article 13 of this Decree.

Article 13.Competence to grant joint training registration certificates

1. The head of the central state management agency of vocational education shall grant joint training registration certificates to colleges and higher education institutions.

2. The head of the specialized agency assisting the provincial-level People’s Committee in the state management of vocational education in the province where vocational education institutions organize joint training shall grant joint training registration certificates to vocational education centers or  intermediate schools.

Article 14.Enrollment suspension and joint training termination

1. A vocational education institution shall be suspended from enrollment for joint training when:

a/ At the time of enrollment, it fails to satisfy the joint training assurance conditions prescribed in Articles 10 of this Decree;

b/ It commits frauds in order to obtain the joint training registration certificate;

c/ It organizes enrollment without a joint training registration certificate.

2. Joint training operations shall be terminated when:

a/ The joint training parties so request;

b/ Causes of the enrollment suspension are not remedied past the enrollment suspension duration;

c/ Illegal acts causing serious consequences are committed;

d/ Joint training activities are not carried out 24 months after the joint training registration certificate is granted.

3. A person competent to grant joint training registration certificates defined in Article 13 of this Decree has the right to suspend and terminate joint training operations according to regulations.

4. Within 30 working days after being suspended from enrollment or having its joint training operations terminated, a vocational education institution shall refund training expenses to learners, pay remunerations to teachers and ensure other lawful rights and interests of learners, teachers, public employees and laborers under signed labor contracts or collective labor agreements; and pay all tax and other debts (if any).

Section 2

FOREIGN-INVESTED VOCATIONAL EDUCATION
INSTITUTIONS

Article 15.Establishment permission process

1. Establishment of a foreign-invested vocational education institution shall be permitted according to the following process:

a/ Grant of an investment registration certificate according to the investment law;

b/ Decision to permit the establishment of the institution;

c/ Grant of a vocational education registration certificate.

2. The opening of a vocational education institution’s branch outside the province or city where this institution is headquartered shall be permitted according to the following process:

a/ Grant of an investment registration certificate according to the investment law;

b/ Decision to permit the opening of the branch;

c/ Grant of a vocational education registration certificate to the branch.

3. The opening of a vocational education institution’s branch in the same province or city where this institution is headquartered shall be permitted according to the following process:

a/ Modification of the granted investment certificate;

b/ Decision to permit the opening of the branch;

c/ Grant of a vocational education registration certificate to the branch.

Article 16.Conditions for investment licensing

1. Investment capital:

a/ An investment project to establish a foreign-invested vocational education center must have an investment rate of at least VND 60 million per learner (excluding land use expenses). The total minimum investment capital shall be calculated based on the number of full-time equivalent learners at the time of reaching the biggest training scale;

b/ An investment project to establish a foreign-invested vocational intermediate school or college or to open a branch of a foreign-invested intermediate school or college must have an investment rate of at least VND 100 million per learner (excluding land use expenses). The total minimum investment capital shall be calculated based on the time of reaching the biggest training scale, which must be at least VND 100 billion;

c/ For a foreign-invested vocational education institution whose physical foundations are rented or are contributed as capital by the Vietnamese party for operation, the investment rate must reach at least 70% of the rate prescribed at Point a or b, Clause 1 of this Article.

2. Physical foundations:

a/ The construction area must average at least 25 m²per learner, for an intermediate school or a college, or 4 m²per learner, for a vocational education center at the time of reaching the biggest training scale as planned;

b/ To have sufficient classrooms and lecturing halls suitable to the training scale;

c/ To have sufficient offices, an administrative section and a school management office meeting requirements of the school’s organizational structure of sections, divisions and subject groups, ensuring an area of at least 4 m²per person, for a vocational education center, 6 m²per person, for an intermediate school, or 8 m²per person for a college;

d/ To have a library, facilities for practice and internship, laboratories, and school workshops, camps and experimental gardens suitable to each specialization and occupation to be trained in;

dd/ To have dormitories, clubs and canteen and technical, heath, recreational, sports, cultural facilities and toilets for the school’s staff, teachers and students;

e/ To have teaching aids and facilities and training machinery and equipment suitable to the scale and level of training of each specialization and occupation;

g/ A foreign-invested vocational education institution registering to operate in Vietnam for 20 years or more shall plan the construction of its physical foundations and obtain the provincial-level People’s Committee’s approval of land allocation or lease for construction. The investment period must not exceed 5 years. This institution must have an in-principle contract or agreement on rent of necessary physical foundations for its training and teaching activities and ensure construction of physical foundations according to schedule;

h/ A foreign-invested vocational education institution registering to operate for less than 20 years is not required to build its own physical foundations but must have a five-year or longer-term contract or agreement on rent of appropriate school building, classrooms, workshops and auxiliary areas.

3. Training programs:

a/ A training program conducted at a foreign-invested vocational education institution must meet the requirements prescribed in Clause 1, Article 34 of the Law on Vocational Education, neither have contents detrimental to national defense and security and community interests; nor spread religions and distort history; and nor adversely affect the culture, ethics and fine customs and practices of Vietnam;

b/ A foreign-invested vocational education institution may provide Vietnamese training programs and foreign training programs within joint training programs with foreign parties according to regulations;

c/ The head of the central state management agency of vocational education shall determine compulsory subjects for Vietnamese learners following foreign training programs at foreign-invested intermediate schools and colleges.

4. Teachers:

a/ Teachers must possess at least a degree prescribed in Clause 5, and Point b, Clause 6, Article 10, of this Decree;

b/ The rate of teachers holding a postgraduate degree must reach at least 15% of the total number of teachers of an intermediate school or college;

c/ A foreign-invested vocational education institution must have adequate permanent teachers to take charge of at least 60% of the content of the training program of a specialization or an occupation.

Article 17.Conditions for grant of investment registration certificates

1. For an investment project to establish a foreign-invested vocational education institution:

a/ To have an investment project to establish a vocational education institution conformable with the socio-economic development master plan and the vocational education institution network master plan approved by competent state agencies;

b/ To have a prefeasibility plan to establish a vocational education institution under Point d, Clause 1, Article 18 of this Decree;

c/ To have a land area in the locality to be allocated or leased to the investor or to have an in-principle agreement on rent of physical foundations under Points g and h, Clause 2, Article 16 of this Decree;

d/ To meet the capital investment requirements prescribed in Clause 1, Article 16 of this Decree to implement the investment project.

2. For an investment project to open a branch of an intermediate school or a college:

a/ An intermediate school or a college with an investment project to open a branch must have had its quality recognized by a Vietnamese or foreign quality accreditation institution or by a competent Vietnamese or foreign authority;

b/ To have a land area in the locality to be allocated or leased to the investor or to have an in-principle agreement on rent of physical foundations under Points g and h, Clause 2, Article 16 of this Decree;

c/ To have a prefeasibility plan to establish the branch under Point e, Clause 2, Article 18 of this Decree;

d/ To meet the capital investment requirements prescribed in Clause 1, Article 16 of this Decree to implement the branch establishment investment project.

Article 18.Dossier of application for an investment certificate

1. For an investment project to establish a vocational education institution:

a/ Application for an investment certificate;

b/ Written certification of the investor’s legal status: An institutional investor shall submit a certified copy of the establishment decision or business registration certificate or equivalent papers. An individual investor shall submit a certified copy of his/her passport or identity card and a resume. A foreign individual investor shall additionally submit his/her judicial record;

c/ Technical-economic explanations about investment objectives, scale and site; investment capital; project schedule; land use need or in-principle agreement on rent of locations and physical foundations in accordance with law; technological and environmental solutions; proposals for investment incentives (if any);

d/ Prefeasibility plan to establish the vocational education institution, covering the following contents:

- Type of the educational education institution to be established; necessity to establish the institution; conformity with the approved socio-economic development plan and vocational education institution network master plan;

- Name of the vocational education institution; its training objectives and tasks; construction and development plans and training scale in each period; and organizational structure, management and administration;

- Diplomas and certificates; physical foundations and equipment; training programs; and teaching staff.

dd/ Document proving the investor’s satisfaction of the investment capital requirements prescribed in Clause 1, Article 16 of this Decree.

2. For an investment project to open a branch of an intermediate school or a college:

a/ Application for grant or modification of an investment certificate;

b/ Certified copy of the decision permitting the establishment of the school or college;

c/ Certified copy of the vocational education registration certificate;

d/ The school’s or college’s quality accreditation certificate or quality recognition document issued by a competent agency;

dd/ Technical and economic explanations about the branch opening, covering the contents specified at Point c, Clause 1 of this Article;

e/ Prefeasibility plan to establish the branch, covering the following contents:

- Necessity to establish the branch;

- Name of the branch and its scope of operation; construction and development plans and training scale of the branch in each development period; organizational structure, management and administration;

- Physical foundations and equipment; training programs; and teaching staff in accordance with this Decree.

g/ Document proving the investor’s satisfaction of the investment capital requirements prescribed in Clause 1, Article 16 of this Decree.

3. A foreign agency’s written certification granted to an investor must be consularly legalized by the Ministry of Foreign Affairs of Vietnam or by a Vietnamese diplomatic mission or consulate or agency authorized to perform the consular function overseas, unless otherwise provided by a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 19.Order, procedures and competence to grant investment certificates

1. The order, procedures and competence to grant investment certificates must comply with the investment law.

2. Within 5 working days after granting an investment certificate, the granting agency shall send a copy of this certificate to:

a/ The central state management agency of vocational education, for investment projects to establish colleges and their branches;

b/ The specialized agency assisting the provincial-level People’s Committee in the state management of vocational education, for investment projects to establish vocational education centers, or intermediate schools and their branches.

Article 20.Conditions for establishment permission

1. To possess an investment certificate.

2. To have a satisfactory establishment plan regarding physical foundations, equipment, training programs, course books and teachers as prescribed in Article 16 of this Decree.

Article 21.Dossiers of request for establishment permission

A dossier of request for permission of the establishment of a foreign-invested vocational education institution must comprise:

1. Written request for permission of the establishment of a vocational education institution.

2. Certified copy of the investment certificate.

3. Plan to establish the vocational education institution, which must clearly specify:

a/ Name of the vocational education institution; its objectives and tasks; scope of operation; diplomas and certificates to be granted; organizational structure, management and administration;

b/ Specific plans on construction, development and training scale of the vocational education institution in each period, clarifying the ability to meet requirements on physical foundations and equipment; training programs; and teaching staff prescribed in Clauses 2, 3 and 4, Article 16 of this Decree.

4. The provincial-level People’s Committee’s written approval of land allocation or lease, for a vocational education institution required to build physical foundations (specifying the address, area and boundary of the land lot) and the in-principle agreement on rent of physical foundations and related legal papers.

5. Investment project to build physical foundations, covering explanations about and the detailed design of the institution, for a vocational education institution required to build physical foundations.

6. Document proving the satisfaction of the investment capital requirements prescribed in Clause 1, Article 16 of this Decree.

Article 22.Establishment permission order and procedures

1. An investor shall submit 1 dossier set prescribed in Article 21 of this Decree to:

a/ The central state management agency of vocational education, for dossiers of request for establishment of colleges;

b/ The specialized agency assisting the provincial-level People’s Committee in the state management of vocational education, for dossiers of request for establishment of vocational education centers or intermediate schools.

2. Within 5 working days after receiving a dossier, the receiving agency shall check its validity and consult concerned agencies and units in writing. If the dossier is invalid, the dossier receiving agency shall notify the investor in writing for modification and supplementation.

3. Within 10 working days after receiving a written request for opinions from the dossier receiving agency, a consulted agency or unit shall give its written opinions.

4. Within 30 working days after receiving a complete and valid dossier, the dossier-receiving agency shall make an appraisal report and submit it to competent authorities specified in Clause 6, Article 18 of the Law on Vocational Education for consideration and decision.

5. Within 10 working days after receiving an appraisal report, competent agencies specified in Clause 6, Article 18 of the Law on Vocational Education shall consider and permit the establishment of a vocational education institution.

6. For a rejected dossier, within 5 working days after receiving opinions from competent authorities, the dossier-receiving agency shall notify the investor in writing, clearly stating the reason.

Article 23.Operation duration

The operation duration of a foreign-invested vocational education institution must not exceed 50 years counting from the date of permission of its establishment. When necessary, the Government may extend this duration up to 70 years.

Article 24.Conditions for branch opening

1. Having an investment certificate for the opening of a branch of an intermediate school or a college, or a modified investment certificate.

2. Having had quality recognized by a Vietnamese or foreign quality accreditation agency or organization or by a competent Vietnamese or foreign agency.

3. Having a branch opening plan as prescribed at Point e, Clause 2, Article 18 of this Decree.

4. Meeting the capital investment requirements to open a branch prescribed in Clause 1, Article 16 of this Decree.

Article 25.Dossier of request for branch opening

1. Written request for opening a branch of an intermediate school or college.

2. Certified copy of the investment certificate for the opening of the school’s or college’s branch or the modified investment certificate.

3. Certified copy of the quality accreditation document or written quality recognition issued by a competent Vietnamese or foreign agency.

4. Detailed plan to open the branch, clearly specifying:

a/ Name of the branch; its objectives and tasks; organizational structure, management and administration and vocational education activities at the branch;

b/ Specific plans on the construction, development and training scale of the branch in each period, clarifying the ability to meet requirements on physical foundations and equipment; vocational training programs; and teaching staff in accordance with law.

5. The provincial-level People’s Committee’s written approval of land allocation or lease, for cases required to build physical foundations (clearly stating the address, area and boundary of the land lot) and the in-principle agreement on rent of physical foundations and related legal papers.

6. Investment project to build physical foundations, covering explanations about and the detailed design of the branch, for cases required to build physical foundations.

7. Documents proving the satisfaction of the investment capital requirements prescribed in Clause 1, Article 16 of this Decree.

Article 26.Order and procedures for permission of branch opening

1. An investor wishing to open a branch of an intermediate school or a college shall make 1 dossier set as prescribed in Clause 1, Article 22 of this Decree and submit it to a competent state agency specified in Clause 6, Article 18 of the Law on Vocational Education.

2. Within 5 working days after receiving a dossier, the dossier-receiving agency shall check its validity and consult concerned agencies and units in writing. If the dossier is invalid, the dossier-receiving agency shall notify the investor in writing for dossier modification and supplementation.

3. Within 10 working days after receiving a written request for opinions from the dossier-receiving agency, a consulted agency or unit shall give its written opinions.

4. Within 30 working days after receiving a complete and valid dossier, the dossier-receiving agency shall make an appraisal report and submit it to competent authorities specified in Clause 6, Article 18 of the Law on Vocational Education.

5. Within 5 working days after receiving an appraisal report, competent agencies shall consider and permit the establishment of a branch of an intermediate school or a college.

6. For a rejected dossier, within 5 working days after receiving opinions from competent authorities, the dossier-receiving agency shall notify such to the investor in writing, clearly stating the reason.

Article 27.Registration of vocational education operations

1. Foreign-invested vocational education institutions and branches of foreign-invested intermediate schools and colleges in Vietnam may organize vocational education activities only when they have been granted a vocational education registration certificate.

2. The head of the central state management agency of vocational education shall specify the conditions, competence and procedures for grant of vocational education registration certificates or certificates of additional vocational education registration.

Article 28.Announcement of establishment of foreign-invested vocational education institutions and branches of foreign-invested intermediate schools and colleges

Within 3 working days after issuing a decision permitting the establishment of a vocational education institution or the opening of a branch of an intermediate school or a college, the central state management agency of vocational education or the specialized agency assisting the provincial-level People’s Committee in the state management of vocational education shall publish on its website information on the vocational education institution or branch, including:

1. Name of the vocational education institution or branch in Vietnamese and a popular foreign language.

2. Investment certificate, for cases required to have an investment certificate (its serial number, date of issue and issuing agency, total registered investment capital).

3. Decision permitting the establishment of the vocational education institution or the opening of the branch (its serial number, date of issue and issuing agency).

4. Vocational education registration certificate; certificate of additional vocational education registration (if any).

5. Full name of the rector (director) of the vocational education institution or the head of the branch.

6. Address of the vocational education institution or branch and telephone and fax numbers, symbol and website (if any) and email address.

7. Bank account number.

Article 29.Merger, division and split-up of vocational education institutions

1. The merger, division or split-up of a foreign-invested vocational education institution must:

a/ Meet Vietnam’s socio-economic development requirements;

b/ Conform with the vocational education institution network master plan;

c/ Contribute to raising vocational education quality and effectiveness;

d/ Guarantee benefits of staff members, employees, teachers and learners of the vocational education institution;

dd/ Ensure that the vocational education institution formed from a merger, division or split-up fully meet the conditions prescribed in Article 16 of this Decree.

2. An authority competent to permit the establishment of a foreign-invested vocational education institution is also competent to permit the merger, division or split-up of that institution.

3. A dossier of merger, division or split-up of a foreign-invested vocational education institution must comprise:

a/ Written request for merger, division or split-up of a vocational education institution:

b/ One of the following documents as appropriate:

Merger contract made by at-law representatives of involved vocational education institutions, which must contain the name and office address of the merging vocational education institution; name and address of the merged vocational education institution; merger procedures and conditions; employment plan; deadline and procedures for converting assets and contributed capital of the merged vocational education institution into contributed capital of the merging vocational education institution; and deadline for the merger;

Decision on division or split-up a foreign-invested vocational education institution approved by the vocational education institution’s owner. This decision must comply with current law and contain the name and address of the divided or split vocational education institution; name and address of the vocational education institution to be established; principles and procedures for asset division or separation; employment plan; deadline and procedures for transferring the divided vocational education institution’s contributed capital to the vocational education institution to be established; principles of settlement of obligations of the divided vocational education institution; and deadline for the division or split-up. This decision shall be sent to all creditors and notified to employees within 1 month after it is approved.

4. The order and procedures for merger, division or split-up of a foreign-invested vocational education institution must comply with the following provisions:

a/ The dossier of request for merger, division or split-up of a foreign-invested vocational education institution shall be submitted to the agency receiving that institution’s establishment application dossier prescribed in Clause 1, Article 22 of this Decree;

b/ Within 30 working days after receiving a valid dossier, the receiving agency shall appraise the dossier and submit it to a competent authority specified in Clause 6, Article 18 of the Law on Vocational Education for consideration and decision.

Chapter IV

RIGTHS AND RESPONSIBILITIES OF ENTERPRISES OPERATING IN VOCATIONAL EDUCATION

Article 30.Rights of an enterprise

1. To establish a vocational education institution when having an establishment plan meeting the conditions stipulated by the head of the central state management agency of vocational education.

2. To organize elementary-level training and continuing training at its workplace according to the following provisions:

a/ Trainees must be its employees and other employees who need training;

b/ Training programs include elementary-level training programs and continuing training programs as prescribed at Points a, b, c and d, Clause 1, Article 40 of the Law on Vocational Education;

c/ Trainers must be teachers or scientists, engineers, technicians, craftspersons, skilled persons or excellent farmers having a pedagogic training certificate corresponding to their assigned training tasks;

d/ Agreement with its employee trainees on their salary and method of salary payment during the training period;

dd/ After completing a training program, satisfactory trainees shall be granted an elementary-level training certificate or a training certificate by the head of the enterprise. The training certificate must clearly state the training contents and time.

3. To join the school board of a public college or intermediate school; the board of trustees of a private college or intermediate school, if the enterprise’s business lines are related to disciplines and occupations trained by  the school.

4. To participate in the listing of disciplines and occupations to be trained in; development of training programs and course books; organization of training, internship supervision and assessment of learner performance at vocational education institutions.

5. To coordinate with vocational education institutions in organizing elementary-, intermediate- and collegial-level training and continuing training programs; to provide training under the orders of vocational education institutions and the State.

6. To exercise other rights as prescribed in Article 51 of the Law on Vocational Education and relevant legal documents.

Article 31.Responsibilities of an enterprise

1. To provide information on its annual needs for employee training, employment and recruitment by discipline or occupation to be trained in and training levels to the state management agency of vocational education.

2. To assign its representatives who are appropriate specialists and technicians to participate in the listing of disciplines and occupations to be trained in; development of training programs and course books; teaching, internship supervision and assessment of learner performance at vocational education institutions.

3. To organize training by itself, coordinate with vocational education institutions in organizing training, and place orders to vocational education institutions for training its recruited employees.

4. To receive teachers of vocational education institutions for practice or internship at the enterprise to improve their occupational skills and update and access to new technologies; to pay salaries to teachers who directly work or participate in turning out standard-conformable products including marketable goods or services during their internship at the level agreed by the parties.

5. To receive trainees for practice or internship at the enterprise to improve their occupational skills as agreed under joint training contracts with vocational education institutions; to pay salaries to interns who directly work or participate in turning out standard-conformable products including marketable goods or services during their internship at the level agreed by the parties; to sign training contracts with employees who are trained for working at the enterprise without charging any training fee.

6. To pay training expenses and salaries to employees during their training time as agreed between the enterprise and these employees in accordance with law.

7. To develop training plans and programs and organize training for its employees to improve their occupational skills.

8. To perform the social responsibility for vocational education activities, to commit to contributing to the sustainable development of vocational education through activities to improve training quality and meet human resource demands of the enterprise, community and society.

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

Chapter V

IMPLEMENTATION PROVISIONS

Article 32.Effect

1. This Decree takes effect on July 1, 2015.

2. To annul the Government’s Decree No. 70/2009/ND-CP of August 21, 2009, on state management responsibilities for vocational training.

3. Provisions on foreign cooperation and investment in vocational training; vocational education; vocational training institutions; vocational education institutions; colleges; and collegial levels, of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education, and Decree No. 124/2014/ND-CP of December 29, 2014, amending Clause 6, Article 31 of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, cease to be effective on the effective date of this Decree.

4. Provisions on colleges and collegial-level training programs in the Government’s Decree No. 141/2013/ND-CP of October 24, 2013, detailing and guiding the implementation of a number of articles of the Law on Higher Education, cease to be effective on the effective date of this Decree.

5. To replace the phrase “vocational training” with the phrase “vocational education” in Clause 11, Article 8 of the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, on organization of specialized agencies of provincial-level People’s Committees; and Clause 5, Article 7 of the Government’s Decree No. 37/2014/ND-CP of May 5, 2014, on organization of specialized agencies of district-level People’s Committees.

6. Provisions on colleges, professional secondary schools, continuing education centers, centers for career orientation and general techniques and professional secondary levels in the Government’s Decree No. 115/2010/ND-CP of December 24, 2010, on state management responsibilities for education, cease to be effective on the effective date of this Decree.

7. The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall assist the Government in performing the unified state management of vocational education at the central level according to the following provisions until the Government decides on the central state management agency of vocational education:

a/ The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall coordinate in implementing the contents prescribed in Clauses 1 and 2, Article 4 of this Decree according to the principle that one Ministry shall assume the prime responsibility for a matter that is more related to the system of vocational education institutions under its management while the other Ministry shall coordinate with the former under the assignment of the Prime Minister;

b/ The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall develop and promulgate a joint circular guiding contents of state management of vocational education at intermediate and collegial levels prescribed in Clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 of this Decree;

c/ The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall perform the state management of vocational education for intermediate and collegial levels as prescribed in Clauses 4, 15, 18, 19, 20, 21, 22, 23, 24 and 25, Article 4 of this Decree;

d/ The Ministry of Labor, War Invalids and Social Affairs shall perform the state management of vocational education according to Points a, b and c, Clause 7 of this Article and directly perform the state management of vocational education for organization and operation of elementary-level training; training under the form of occupational coaching, passage and practice; under-three-month training; training and retraining for employees of enterprises to improve occupational skills; retraining for improvement of occupational skills for laborers; vocational training for rural labor and implementation of policies to support elementary-level and under-three-month training.

Article 33.Implementation responsibilities

1. The head of the central state management agency of vocational education shall, within the ambit of his/her functions, tasks, powers and responsibilities, guide the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG