Law on Vocational Education, Law No. 74/2014/QH13

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ATTRIBUTE Law on Vocational Education

Law No. 74/2014/QH13 dated November 27, 314 of the National Assembly on Vocational Education
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:74/2014/QH13Signer:Nguyen Sinh Hung
Type:LawExpiry date:Updating
Issuing date:27/11/2014Effect status:
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Fields:Education - Training - Vocational training

SUMMARY

DISSOLUTION OF VOCATIONAL EDUCATION INSTITUTIONS IF FAILS TO OPERATE

In accordance with the Law No. 74/2014/QH13 issued by the National Assembly on November 27, 2014, a vocational education institution shall be dissolved when it commits illegal acts causing serious consequences; past the suspension period of its training activities, it fails to solve the problem leading to such suspension; fails to obtain a registration certificate of vocational education activities within 36 months, for colleges and intermediate vocational schools, or 24 months, for vocational education centers, after the decision on its establishment or permitting its establishment takes effect and fails to carry out training activities within 24 months after obtaining a registration certificate of vocational education activities.

Also in accordance with this Law, vocational education institutions are entitled to be allocated or leased land and physical foundations by the State; to enjoy credit incentives for investment in physical foundations or training quality improvement; to enjoy tax incentives in accordance with the tax law; to enjoy tax exemption for undistributed incomes from their socialized vocational education activities which are used for development investment; to enjoy tax exemption and reduction under regulations for profits earned from products and services created through training activities; to enjoy tax incentives for production, business and services relevant to training activities, publication of course books and teaching materials, manufacture and supply of training equipment, and import of training books, newspapers, materials and equipment; to participate in bidding for training activities and receive training orders placed by the State in accordance with the laws on bidding and placement of orders for public services funded with the state budget or to borrow concessional loans from domestic and foreign programs and projects.

The Law also prescribes that Students of intermediate- or collegial-level training courses on disciplines and trades that have enrollment difficulties but are demanded by the society according to the list prescribed by the head of the central state management agency of vocational education; students of particular disciplines and trades to meet socio-economic development, national defense or security requirements. In the course of study, if students cannot continue their study due to the performance of military service, sickness, accidents, maternity or difficulties met by their families, they are entitled to reserve their learning results and resume their study to complete the training courses. The time for reserving learning results must not exceed five years.

This Law takes effect on July 1, 2015 and replaces the Law No. 76/2006/QH11 on Vocational Training.
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Effect status: Known

THE NATIONAL
ASSEMBLY

 

No. 74/2014/QH13

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 LAW

On Vocational Education[2]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Vocational Education.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Law provides the vocational education system; organization and operation of vocational education institutions; and rights and obligations of organizations and persons engaged in vocational education activities.

Article 2. Subjects of application

This Law applies to vocational education centers, intermediate vocational schools and colleges; enterprises, agencies, organizations and persons involved in vocational education activities in Vietnam.

Article 3. Interpretation of terms

In this Law, the terms and phrases below are construed as follows:

1. Vocational education means an educational level of the national education system which aims to provide vocational training at elementary, intermediate and collegial levels and other vocational training programs for workers to meet the demand for direct workforce for production, business and services. Vocational education shall be provided in the forms of formal training and continuing training.

2. Vocational training means teaching and learning activities which aim to equip students with necessary vocational knowledge, skills and attitude so that they can find jobs or self-employ after completing their training courses, or raise their vocational qualifications.

3. Module means a unit of study completely combining expertise knowledge, practicing skills and vocational attitude aiming to help students have the capacity to accomplish one or more than one task of a trade.

4. Credit means a unit used to measure the amount of knowledge and skills and learning outcomes accumulated in a certain period of time.

5. Formal training means a form of training through full-time courses at elementary, intermediate and collegial levels provided by vocational education institutions, higher education institutions and enterprises having registered for vocational education (below collectively referred to as vocational education institutions).

6. Continuing training means a form of in-service, distance or self-instructed vocational training at elementary, intermediate and collegial levels and other vocational training programs provided in a flexible manner in terms of curriculum, time, methods and places of training to meet students’ needs.

7. Private and foreign-invested non-profit vocational education institutions means private and foreign-invested vocational education institutions whose annual profits constitute a common asset which is not divided but used for re-investment to develop the institutions, and their shareholders or capital contributors do not receive any yields or receive annual yields at a level not exceeding the interest rate of government bonds.

8. Enterprises include enterprises established and operating under the Enterprise Law, cooperatives established and operating under the Law on Cooperatives, and other economic organizations having the legal person status as prescribed by the Civil Code.

Article 4. Objectives of vocational education

1. The goals of vocational education are to train direct workforce for production, business and services who possess vocational capacity corresponding to their training levels; moral qualities and good health; a sense of vocational responsibility; and creativity and adaptability to the working environment in the context of international integration; to ensure working productivity and quality; and to create conditions for graduates to find jobs, self-employ or study at higher levels.

2. Specific objectives for each vocational education level are as follows:

a/ Elementary vocational training aims to equip students with the capacity to perform simple tasks of a trade;

b/ Intermediate vocational training aims to equip students with the capacity to perform tasks at the elementary level and some complicated tasks of a discipline or trade; and the ability to apply techniques and technology to their job, and work independently or work in a team;

c/ Collegial vocational training aims to equip students with the capacity to perform tasks at the intermediate level and handle complicated tasks of a discipline or trade; the ability to create and apply modern techniques and technology to their job, and to guide and supervise others in their teams to perform tasks.

Article 5. Vocational education institutions

1. Vocational education institutions include:

a/ Vocational education centers;

b/ Intermediate vocational schools;

c/ Colleges.

2. Vocational education institutions shall be organized as:

a/ Public vocational education institutions, which are owned, and whose physical foundations are invested and built, by the State;

b/ Private vocational education institutions, which are owned, and whose physical foundations are invested and built, by social organizations, socio-professional organizations, private economic organizations or individuals;

c/ Foreign-invested vocational education institutions, which include wholly foreign-owned vocational education institutions and vocational education joint ventures between domestic and foreign investors.

Article 6. State policies on vocational education development

1. To develop the vocational education system in an open, flexible and diversified manner toward standardization, modernization, democratization, socialization, international integration, and transferability among vocational education levels and with other training levels.

2. To prioritize investment in vocational education in socio-economic development and human resource development plans. To prioritize budget for vocational education in the total state budget expenditures for education and training, and distribute such budget in a public, transparent and timely manner.

3. To invest in improving training quality and developing the network of vocational education institutions under planning; to focus investment in forming a number of key quality vocational education institutions to meet the labor market’s human resource demand and workers’ learning needs and incrementally universalize vocational training for the young.

4. To stream lower and upper secondary education graduates into vocational education suitable to each socio-economic development period.

5. To prioritize synchronous investment for training human resources in national key sectors and trades and in those reaching regional and international advanced levels; to attach importance to developing vocational education in areas with exceptionally difficult socio-economic conditions and ethnic minority, border, island and coastal areas; to invest in training in trades required by the labor market but difficult to be socialized.

6. The State shall apply the bidding or order-placing mechanism for training in specific disciplines and trades; in trades of spearhead economic sectors; and trades required by the labor market but difficult to be socialized. Vocational education institutions, regardless of their types, may all participate in the bidding or order-placing mechanism prescribed in this Clause.

7. To support beneficiaries of the policy on preferential treatment for people with meritorious services to the revolution, demobilized army men, ethnic minority people, members of poor households and households living near the poverty line, people with disabilities, helpless orphans, offshore fishing farmers, rural workers who are direct laborers in agricultural households whose farm land is recovered, and other social-policy beneficiaries with a view to creating opportunities for them to learn in order to find jobs or self-employ, or set themselves up in their own business; to ensure gender equity in vocational education.

8. The State shall create conditions for vocational education institutions to conduct scientific and technological research and application and combine training with scientific research and production, business and services in order to raise training quality.

Article 7. Socialization of vocational education

1. To diversify types of vocational education institutions and forms of vocational training; to encourage and create conditions for enterprises, socio-political organizations, social organizations, socio-professional organizations, other organizations, Vietnamese citizens, foreign organizations and individuals and overseas Vietnamese to establish vocational education institutions and participate in vocational training activities.

2. Organizations and individuals that contribute to and invest in the construction of vocational education institutions are entitled to socialization incentives according to the Government’s regulations. Private and foreign-invested non-profit vocational education institutions shall be given land, tax and credit incentives and prioritized in training of teachers and administrators and lease of physical foundations and equipment.

3. Artisans and skilled persons shall be encouraged to participate in vocational training; training in traditional craft and rural trades shall be encouraged and supported.

4. Socio-political organizations, social organizations and socio-professional organizations shall, within the ambit of their tasks and powers, join competent state agencies in developing strategies, plans, master plans and policies on vocational education development; and in supervising the implementation of policies and laws on vocational education in accordance with law.

5. The Vietnam Chamber of Commerce and Industry, business associations and socio-professional organizations shall participate in the development and appraisal of vocational training programs; and advocate and create conditions for enterprises to exercise their rights and perform their responsibilities in vocational education.

Article 8. Planning of the vocational education institution network

1. The planning of the vocational education institution network must adhere to the following principles:

a/ Conformity with socio-economic development strategies and master plans and human resource development master plans of the country, sectors and localities, the State’s investment capacity and the capacity to mobilize the society’s resources;

b/ Assurance of the structure of training disciplines and levels and structure of regions and areas; diversity and synchronicity of the vocational education system, linking of training with production, business and services; incremental improvement of training quality to serve industrialization, modernization and international integration.

2. The planning of the vocational education institution network must cover:

a/ The structure of the vocational education institution network and scale of training by discipline, trade and level of training and type of vocational education institutions;

b/ Region- and locality-based arrangement of vocational education institutions;

c/ Development of the contingent of teachers and administrators of vocational education;

d/ Investment in training physical foundations and equipment.

3. Responsibilities for organizing the implementation of the master plan on the vocational education institution network are prescribed as follows:

a/ The central state management agency of vocational education shall assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees in, elaborating a master plan on Vietnam’s vocational education institution network and submitting it to the Prime Minister for approval; inspect and examine the implementation of the master plan;

b/ Ministries, sectors and provincial-level People’s Committees shall, based on the master plan on Vietnam’s vocational education institution network, elaborate and approve their master plans on vocational education institutions and direct their implementation.

Article 9. Transfer in training

1. Transfer in training shall be implemented based on training programs. Students are not required to learn again the contents they have learned when following higher-level training in the same discipline or trade or shifting to learn another discipline or trade.

2. Rectors of intermediate vocational schools and colleges shall base themselves on training programs to decide on modules, credits, subjects or contents which students are not required to learn again.

3. Transfer among vocational education levels must comply with regulations of the head of the central state management agency of vocational education; transfer between training levels of vocational education and those of higher education must comply with the Prime Minister’s regulations.

Chapter II

VOCATIONAL EDUCATION INSTITUTIONS

Section 1

ORGANIZATION OF VOCATIONAL EDUCATION INSTITUTIONS

Article 10. Organizational structure of vocational education institutions

1. The organizational structure of a public or private intermediate vocational school or college must comprise:

a/ The school council, for public intermediate vocational schools and colleges; the board of directors, for private intermediate vocational schools and colleges;

b/ Rector and vice rectors;

c/ Professional divisions or sections;

d/ Faculties, subject departments;

dd/ Advisory councils;

e/ Branches; scientific and technological research organizations; organizations serving training and scientific research and application; production, business and service establishments (if any).

2. The organizational structure of a public or private vocational education center must comprise:

a/ Director, deputy directors;

b/ Professional divisions or sections;

c/ Subject divisions;

d/ Advisory councils;

dd/ Units serving training; production, business and service establishments (if any).

3. Foreign-invested vocational education institutions may themselves decide on their organizational structures.

Article 11. School councils

1. A school council shall be set up in a public intermediate vocational school or college.

2. The school council is an administration organization representing the ownership of the school, having the following tasks and powers:

a/ To resolve on development orientations, goals, strategies, master plans and plans and the organization and operation regulation of the school;

b/ To resolve on orientations for training and international cooperation;

c/ To resolve on policies on use of finance, assets and development investment orientations of the school in accordance with law;

 d/ To resolve on the organizational structure of the school; the establishment, merger, division, split-up and dissolution of organizations of the school; and the proposal on relief of duty of the rector;

dd/ To supervise the implementation of its resolutions and the democracy regulation in school activities.

3. School council members must include:

a/ The rector, vice rectors, secretary of the grassroots Party organization, trade union chairperson, Ho Chi Minh Communist Youth Union secretary, representatives of teachers and a number of divisions, faculties and production, business and service establishments (if any) of the school;

b/ Representatives of the managing agency or related production, business and service establishments.

4. The school council chairperson shall be appointed, relieved of duty and dismissed by the head of a competent state agency. The criteria for school council chairpersons are the same as those for rectors prescribed in Clause 2, Article 14 of this Law.

5. The term of a school council must be 5 years and follow the term of the rector. The school council shall work on the collegial principle and make decisions by a vote of majority.

6. The competence and procedures to establish, the number and structure of members and tasks and powers of, the school council; tasks and powers of the chairperson and secretary of the school council; and appointment, relief of duty and dismissal of the chairperson and members of the school council shall be provided in the charter of the intermediate vocational school or college or in the regulation on organization and operation of the vocational education institution.

Article 12. Board of directors

1. Boards of directors shall be set up in private intermediate vocational schools and colleges.

2. The board of directors is the single organization representing the school owner, having the following tasks and powers:

a/ To organize the implementation of resolutions of the shareholders’ general meeting;

b/ To resolve on development orientations, goals, strategy, master plan and plans and the regulation on organization and operation of the school;

c/ To resolve on the organizational structure of the school; the establishment, merger, division, split-up and dissolution of organizations of the school; and appointment and relief of duty of the rector and the proposal to the competent state agency to recognize or not to recognize the rector;

d/ To resolve on orientations for training and international cooperation;

dd/ To resolve on matters on the organization, personnel, finance and assets of, and development investment orientations for, the school;

e/ To supervise the implementation of its resolutions, resolutions of the shareholders’ general meeting, and the democracy regulation in school activities.

3. Members of the board of directors must include:

a/ Representatives of organizations and individuals holding a number of shares at the required level;

b/ Rector; representative of the managing agency of the locality in which the vocational education institution is based or representatives of related production, business and service establishments;

c/ Representatives of Party and mass organizations; representatives of teachers.

4. The chairperson of a board of directors shall be elected by the board on the principle of majority and secret ballot.

The chairperson of a board of directors must be the account owner and shall take responsibility before law for the management of finance and assets of the school. The chairperson of the board of directors may authorize the rector to be the representative of the account owner and exercise the rights and perform the obligations as the account owner within the scope of authorization.

5. The term of a board of directors must be 5 years. The board of directors shall work on the collegial principle and make decision by a vote of majority.

6. The establishment procedures, number and structure of members; tasks and powers of the board of directors; criteria for and tasks and powers of the chairperson and secretary shall be provided in the charter of the intermediate vocational school or college or in the regulation on organization and operation of the vocational education institution.

Article 13. Directors of vocational education centers

1. The director of a vocational education center is the head of the center who shall represent the vocational education center before law and take responsibility for managing its activities.

The term of office of the director of a vocational education center must be 5 years.

2. The director of a vocational education center must fully satisfy the following criteria:

a/ Possessing moral qualities;

b/ Holding a collegial or higher degree;

c/ Having been trained in vocational education administration;

d/ Being physically fit.

3. The director of a vocational education center has the following tasks and powers:

a/ To issue regulations and rules of the vocational education center;

b/ To decide on the establishment, merger, division, split-up and dissolution of organizations of the vocational education center; to appoint, relieve of duty and dismiss heads and deputy heads of organizations of the center;

c/ To plan and develop the contingent of teachers and administrators; to decide on the structure and number of employees and salary payment based on their performance effectiveness and quality; to recruit public and other employees according to the needs of the vocational education center; to sign work or labor contracts with and manage and employ public and other employees and terminate these contracts in accordance with law;

d/ To organize training, international cooperation and vocational education quality accreditation activities and coordinate with enterprises in organizing vocational training; to organize career orientation for pupils of general education;

dd/ To manage the physical foundations, assets and finance of the vocational training center and organize effective exploitation and use of resources mobilized to serve its training activities in accordance with law;

e/ To implement information and reporting regulations and submit to supervision, inspection and examination in accordance with law;

g/ To develop and implement the regulation on grassroots democracy; to submit to the supervision by individuals, organizations and mass organizations in the vocational education center;

h/ To annually report on the performance of tasks and exercise of powers to the direct managing agency;

i/ Other tasks and powers as prescribed by law.

4. The competence to appoint, recognize, relieve of duty and dismiss directors of vocational education centers is prescribed as follows:

a/ The person competent to decide on the establishment of a public vocational education center shall appoint, relieve of duty and dismiss the director of that center;

b/ The chairperson of the provincial-level People’s Committee shall recognize or not recognize the director of a private vocational education center in the locality at the proposal of capital contributors or the owner of that center.

5. The procedures to appoint, recognize, relieve of duty and dismiss directors of vocational education centers shall be provided in the charters of vocational education centers.

Article 14. Rectors of intermediate vocational schools and colleges

1. The rector of an intermediate vocational school or a college is the head of the school or college who shall represent the school or college before law and manage its activities. The term of a rector must be 5 years. A rector shall be appointed and re-appointed by term, but for no more than two consecutive terms.

The rector of an intermediate vocational school or a college must be the account owner of the school or college, and shall take responsibility before law for the management of its finance and assets.

2. The rector of an intermediate vocational school or a college must fully satisfy the following criteria:

a/ Possessing moral qualities, having worked as trainers or participated in vocational education administration for at least 5 years;

b/ Holding a university or higher degree, for rectors of intermediate vocational schools, or a master’s or higher degree, for rectors of colleges;

c/ Having been trained in vocational education administration;

d/ Being physically fit; being at an age to be able to hold at least one office term, for appointment of rectors of public intermediate vocational schools and colleges.

3. The rector of an intermediate vocational school or a college has the following tasks and powers:

a/ To issue regulations and rules of the school or college in accordance with resolutions of the school council or the board of directors;

b/ To organize the implementation of resolutions of the school council or the board of directors;

c/ To decide on the establishment, merger, division, split-up and dissolution of organizations of the school or college in accordance with resolutions of the school council or the board of directors; to appoint, relieve of duty and dismiss heads and deputy heads of organizations of the school or college;

d/ To plan and develop the contingent of teachers and administrators; to decide on the structure and number of employees and salary payment based on their performance effectiveness and quality; to recruit public and other employees according to the needs of the school or college; to sign work or labor contracts with and manage and employ public and other employees, and terminate theses contracts in accordance with law;

dd/ To organize training, international cooperation and vocational education quality accreditation activities and coordinate with enterprises in organizing training;

e/ To manage physical foundations, assets and finance of the school or college and organize effective exploitation and use of resources mobilized to serve its training activities in accordance with law;

g/ To implement information and reporting regulations and submit to supervision, inspection and examination in accordance with law;

h/ To develop and implement the regulation on grassroots democracy; to submit to the supervision by individuals, organizations and mass organizations in the school or college;

i/ To annually report on the performance of tasks and exercise of powers of the rector and the school management board to the school council or board of directors;

k/ Other tasks and powers as prescribed by law.

4. The competence to appoint, recognize, relieve of duty and dismiss rectors of intermediate vocational schools or colleges is prescribed as follows:

a/ Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees or heads of socio-political organizations shall appoint, relieve of duty and dismiss rectors of public intermediate vocational schools or colleges under their management;

b/ Chairpersons of provincial-level People’s Committees shall recognize or not recognize rectors of private intermediate vocational schools at the proposal of their boards of directors;

c/ The heads of the central state management agency of vocational education shall recognize or not recognize rectors of private colleges at the proposal of the boards of directors.

5. The procedures to appoint, recognize, relieve of duty and dismiss rectors of intermediate vocational schools or colleges shall be provided in their charters.

Article 15. Advisory councils

1. The advisory council of a vocational education institution shall be established by the head of the institution to advise the latter in performing certain tasks and exercising certain powers within his/her competence.

2. The organization, operation, tasks and powers of the advisory council shall be stipulated by the head of the vocational education institution.

Article 16. Branches of intermediate vocational schools or colleges

1. A branch of an intermediate vocational school or a college is within the organizational structure of the school or college, and must submit to the management and administration by its rector. A branch of an intermediate vocational school or a college must have no independent legal entity status, shall be based in a province or centrally run city other than the locality in which the school or college is located, and must submit to the territory-based state management by the local administration of the locality where the branch is based in accordance with law.

2. A branch of an intermediate vocational school or a college shall perform tasks under the administration of the rector, report to the head of the school or college on its activities, and to the competent state agency of the locality in which it is based on activities subject to local management.

3. The conditions for establishment or permission for establishment; the competence and procedures for establishment or permission for establishment and registration of vocational education activities, of branches of intermediate vocational schools or colleges must comply Articles 18 and 19 of this Law.

Article 17. Organizations of the Communist Party of Vietnam, mass organizations and social organizations in vocational education institutions

1. Organizations of the Communist Party of Vietnam, mass organizations and social organizations in vocational education institutions shall be established and operate in accordance with their statutes, the Constitution and law.

2. Vocational education institutions shall create conditions for the establishment and operation of Party organizations, mass organizations and social organizations as prescribed in Clause 1 of this Article.

Article 18. Establishment, merger, division and split-up or permission for establishment, merger, division and split-up of vocational education institutions

1. A vocational education institution may be established or permitted for establishment when it has an establishment plan fully satisfying the conditions stipulated by the head of the central state management agency of vocational education and conforming with the approved master plan on the vocational education institution network.

2. A foreign-invested vocational education institution must fully satisfy the conditions prescribed in Clause 1 of this Article and other conditions prescribed by the investment law.

3. A vocational education institution for people with disabilities must fully satisfy the conditions prescribed in Clauses 1 and 2 of this Article and the following conditions:

a/ Having training physical foundations and equipment, course books, and training methods and schedules suitable to people with disabilities. Construction works for students with disabilities must satisfy standards and technical regulations prescribed by the construction law;

b/ Having teachers with expertise and skills to teach people with disabilities.

4. The merger, division or split-up of a vocational education institution must ensure:

a/ Conformity with the vocational education institution network master plan and satisfaction of socio-economic development requirements;

b/ Benefits of its teachers, public and other employees and students; contribution to improving the quality and effectiveness of vocational education.

5. The head of the central state management agency of vocational education shall specify conditions and requirements for the establishment, merger, division and split-up or permission for the establishment, merger, division and split-up of vocational education institutions.

6. The competence to establish, merge, divide, split or permit the establishment, merger, division or split-up of vocational education institutions is prescribed as follows:

a/ Chairpersons of provincial-level People’s Committees shall decide on the establishment of public provincial-level vocational education centers and  intermediate vocational schools; and permit the establishment of private and foreign-invested vocational education centers and intermediate vocational schools in their localities;

b/ Ministers, heads of ministerial-level agencies and heads of central agencies of socio-political organizations shall decide on the establishment of public vocational education centers and intermediate vocational schools under their management;

c/ The head of the central state management agency of vocational education shall decide on the establishment of public colleges; and permit the establishment of private and foreign-invested colleges;

d/ The person competent to establish or permit the establishment of a vocational education institution may merge, divide or split, or permit the establishment, merger, division or split-up of, that institution.

7. The procedures for the establishment, merger, division and split-up or for permission for the establishment, merger, division and split-up of public and private vocational education centers, intermediate vocational schools and colleges shall be stipulated by the head of the central state management agency of vocational education.

The procedures for the establishment, merger, division and split-up or for permission for the establishment, merger, division and split-up of foreign-invested vocational education institutions must comply with the Government’s regulations.

Article 19. Registration of vocational education activities

1. A vocational education institution or higher education institution or an enterprise may obtain a registration certificate of vocational education activities when it fully satisfies the following conditions:

a/ Having a decision on its establishment or permission for its establishment;

b/ Having land, physical foundations and equipment meeting training requirements as committed;

  c/ Having all training programs, course books, teaching and learning materials as required;

d/ Having a contingent of qualified teachers and administrators of vocational education sufficient in number and synchronous in structure;

dd/ Having sufficient financial resources as required to ensure maintenance and development of vocational education activities;

e/ Having its charter and regulation on organization and operation.

2. An institution operating in vocational education may conduct enrollment and training only when it is granted a registration certificate of vocational education activities.

3. A vocational education institution that has any change compared to the contents written in its registration certificate of vocational education activities shall additionally register such change with a competent state agency.

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

Article 20. Suspension of vocational education activities

1. A vocational education institution shall be suspended from vocational education activities when:

a/ It committed frauds in order to be established or permitted for establishment or in order to obtain a registration certificate of vocational education activities;

b/ It fails to satisfy any of the conditions prescribed in Clause 1, Article 19 of this Law;

c/ It organizes vocational education activities without a registration certificate of vocational education activities;

d/ It violates the vocational education law and is administratively sanctioned in the form of operation suspension; or

e/ It falls into another case prescribed by law.

2. A decision on vocational education activity suspension must clearly state the reason for and duration of the suspension and measures to ensure the lawful interests of teachers, public employees, other employees and students. This decision shall be publicized in the mass media.

3. A person competent to grant registration certificates of vocational education activities may suspend vocational education activities. The head of the central state management agency of vocational education shall stipulate procedures for vocational education activity suspension.

4. After the vocational education activity suspension period, if the problem leading to the suspension is solved, the person competent to issue the suspension decision shall issue a decision to permit the resumption of vocational education activities.

Article 21. Dissolution of vocational education institutions

1. A vocational education institution shall be dissolved when:

a/ It commits illegal acts causing serious consequences;

b/ Past the suspension period of its training activities, it fails to solve the problem leading to such suspension;

c/ It fails to obtain a registration certificate of vocational education activities within 36 months, for colleges and intermediate vocational schools, or 24 months, for vocational education centers, after the decision on its establishment or permitting its establishment takes effect;

d/ It fails to carry out training activities within 24 months after obtaining a registration certificate of vocational education activities.

2. A vocational education institution may be dissolved at the proposal of the organization or person establishing that vocational education institution.

3. A decision to dissolve a vocational education institution must clearly state the reason for the dissolution and measures to ensure the lawful interests of teachers, public employees, students and other employees. This decision shall be publicized in the mass media.

4. A person competent to establish or permit the establishment of a vocational education institution may dissolve or permit the dissolution of that institution. The head of the central state management agency of vocational education shall establish procedures for dissolution or permission for dissolution of vocational education institutions.

Article 22. Charters of vocational education institutions

1. The charters of vocational education institutions shall be issued by the head of the central state management agency of vocational education, which include the charter of vocational education centers, charter of intermediate vocational schools and charter of colleges.

2. The charter of vocational education institutions must contain the following principal contents:

a/ Goals and mission;

b/ Tasks and powers of vocational education institutions;

c/ Organization of training activities;

d/ Duties and rights of teachers and administrators;

dd/ Duties and rights of students;

e/ Organization and management of vocational education institutions;

g/ Finance and assets;

h/ Relations between vocational education institutions, enterprises, families and the society.

3. Based on the charter of vocational education institutions, vocational education institutions shall develop regulations on their organization and operation and publicize them at vocational education institutions.

Article 23. Tasks and powers of public and private vocational education institutions

1. To work out their development strategies and plans.

2. To organize vocational training of different levels according to the following provisions:

a/ Vocational education centers may organize elementary-level and general vocational training and provide career counseling for pupils according to the general education program;

b/ Intermediate vocational schools may organize intermediate- and elementary-level vocational training;

c/ Colleges may organize collegial-, intermediate- and elementary-level vocational training.

3. To organize continuing training in accordance with Section 2, Chapter III of this Law.

4. To decide on and take responsibility for the enrollment and management of students.

5. To publicize their training objectives and programs; conditions to ensure teaching and learning quality; tuition fees and exemption and reduction regulations; training quality accreditation results; system of diplomas and certificates; working positions after graduation and measures to examine and supervise training quality.

6. To organize teaching and learning according to their training objectives and programs; to award vocational education diplomas and certificates to students; to organize learning, practice and apprenticeship at enterprises for students under contracts with enterprises.

7. To use foreign training programs recognized by accredited foreign or international education or training institutions in performing their training tasks in accordance with law.

8. To participate in joint training with domestic and foreign parties in accordance with this Law and relevant laws.

9. To mobilize, manage and use resources in accordance with law.

10. To build and invest in training physical foundations and equipment to meet standardization and modernization requirements.

11. To recruit, employ and manage teachers, administrators, public employees and other employees; to organize production practice at enterprises for teachers to update and improve their vocational skills; to organize social activities for teachers, public employees, other employees and students.

12. To accredit and guarantee training quality under regulations.

13. To provide free training and employment counseling for students.

14. To establish enterprises, to organize science and technology, production, business and service activities in accordance with law.

15. To incorporate the teaching of languages, customs and practices and relevant laws of host countries and relevant laws of Vietnam in training programs for guest workers.

16. To conduct scientific research to serve training and improve training quality; to apply research outcomes and transfer technology to production, business and services.

17. To implement the regulation on grassroots democracy at their institutions.

18. To adopt mechanisms allowing students, teachers and the society to participate in the evaluation of vocational training quality.

19. To implement information and reporting regulations and submit to supervision, inspection and examination in accordance with law.

20. Other tasks and powers as prescribed by law.

Article 24. Tasks and powers of foreign-invested vocational education institutions

1. To have their lawful rights and interests protected in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To ensure lawful rights and interests of teachers, students and other employees even when they are suspended from operation or dissolved or are forced to terminate operation or dissolve ahead of schedule.

3. To respect the law, customs and practices of Vietnam.

4. Other tasks and powers prescribed in Article 23 of this Law.

Article 25. Autonomy of vocational education institutions

1. Vocational education institutions are entitled to autonomy in activities related to organization and personnel, finance and assets, training and technology, international cooperation and training quality assurance in accordance with law; and shall explain the organization and management of their activities and training quality to competent state agencies, students and the society.

2. Public vocational education institutions that can ensure by themselves all funds for their regular activities and investment activities are entitled to comprehensive autonomy and accountability according to the Government’s regulations.

3. Vocational education institutions that are incapable of assuming accountability or violate the law in the course of exercising their autonomy shall, depending on the level of their incapability or seriousness of their violation, have their autonomy restricted and be handled in accordance with law.

Section 2

POLICIES FOR VOCATIONAL EDUCATION INSTITUTIONS

Article 26. Policies for vocational education institutions

1. Vocational education institutions are entitled to the following policies:

a/ To be allocated or leased land and physical foundations by the State; to enjoy credit incentives for investment in physical foundations or training quality improvement; to enjoy tax incentives in accordance with the tax law; to enjoy tax exemption for undistributed incomes from their socialized vocational education activities which are used for development investment; to enjoy tax exemption and reduction under regulations for profits earned from products and services created through training activities; to enjoy tax incentives for production, business and services relevant to training activities, publication of course books and teaching materials, manufacture and supply of training equipment, and import of training books, newspapers, materials and equipment;

b/ To participate in bidding for training activities and receive training orders placed by the State in accordance with the laws on bidding and placement of orders for public services funded with the state budget;

c/ To borrow concessional loans from domestic and foreign programs and projects;

d/ To participate in state-funded refresher training programs for teachers and administrators of vocational education at home and overseas;

dd/ To receive investment support for ensuring conditions to admit ethnic minority boarding school graduates;

e/ To receive support for developing training in disciplines and trades meeting learning needs of guest workers;

g/ Socialization promotion policies prescribed by law.

2. People’s Committees of all levels shall create favorable conditions for vocational education institutions in their localities to carry out training activities, popularize scientific and technical advances and transfer technology.

Article 27. Policies for vocational education institutions for people with disabilities

1. The State shall encourage vocational education institutions to admit people with disabilities for integrated learning; and encourage organizations and individuals to establish vocational education institutions for people with disabilities.

2. Vocational education institutions for people with disabilities are entitled to the policies prescribed in Article 26 of this Law and the State’s financial support for investment in training physical foundations and equipment; and allocation or lease of land for construction of non-business facilities in places convenient for the learning by people with disabilities.

Section 3

FINANCE AND ASSETS OF VOCATIONAL EDUCATION INSTITUTIONS

Article 28. Financial sources of vocational education institutions

1. State budget (if any).

2. Investment of domestic and foreign organizations and individuals.

3. Tuition fees and admission fees.

4. Revenues from training cooperation, science and technology, production, business and service activities;

5. Funds, aid, gifts, presents and donations from domestic and foreign organizations and individuals.

6. Other lawful revenues as prescribed by law.

Article 29. Tuition fees and enrollment fees

1. Tuition fees and admission fees are amounts payable by students to vocational education institutions to cover training and enrollment expenses.

2. Training expenses include expenses with lawful documents for trainers, learning materials, material and fuel for practice and apprenticeship; depreciation of physical foundations and equipment and other necessary expenses for training.

3. Public vocational education institutions entitled to comprehensive autonomy and accountability may themselves determine and decide on tuition fees and enrollment fees in accordance with regulations applicable to public education institutions entitled to comprehensive autonomy.

Other public vocational education institutions shall determine and decide on tuition fees and enrollment fees for each discipline or trade on the basis of contents and methods of determining tuition fees and enrollment fees and brackets of tuition fees and enrollment fees stipulated by the Government.

4. Private and foreign-invested vocational education institutions may determine and decide by themselves on their tuition fees and enrollment fees.

5. Tuition fees and enrollment fees shall be publicly notified at the time of notification of enrollment.

6. Vocational education institutions providing high quality training programs may collect tuition fees corresponding to their training quality.

The head of the central state management agency of vocational education shall stipulate indicators of high quality training programs; and manage and supervise the collection of tuition fees corresponding to training quality.

Article 30. Training physical foundations and equipment

Vocational education institutions shall ensure training equipment according to the list of minimum training equipment and physical foundations stipulated by the head of the central state management agency of vocational education.

Article 31. Management of finance and assets of vocational education institutions

1. Vocational education institutions shall implement regulations on finance, accounting, audit, taxes and financial publicity in accordance with law.

2. State budget-funded vocational education institutions shall manage and use state budget funds in accordance with the law on the state budget.

Public vocational education institutions may decide on the raising and use of funds and use of assets associated with their assigned tasks to expand training scale and improve training quality according to regulations of the head of the central state management agency of vocational education.

3. Vocational education institutions shall manage and use assets created from the state budget in accordance with the law on management and use of state assets; and are entitled to autonomy in and shall take responsibility for managing and using assets created from non-state budget sources.

4. Assets and land allocated by the State to private vocational education institutions for management and assets financed, donated and granted to private vocational education institutions shall be used for proper purposes and may neither have their use purpose changed nor come under private ownership in any forms.

5. The central state management agency of vocational education, ministries, ministerial-level agencies and provincial-level People’s Committees shall examine and inspect vocational education institutions in properly managing and using their financial sources and in managing and using state assets according to the Government’s regulations.

Chapter III

TRAINING ACTIVITIES AND INTERNATIONAL COOPERATION
IN VOCATIONAL EDUCATION

Section 1

FORMAL TRAINING

Article 32. Enrollment

1. Vocational education institutions are entitled to determine by themselves their own enrollment quotas on the basis of their conditions regarding number and quality of teachers and training physical foundations and equipment and in conformity with socio-economic development requirements and human resource development planning.

2. Enrollment shall be organized as follows:

a/ Vocational education institutions shall enroll students once or many times in a year according to their determined enrollment quotas;

b/ Selection-based enrollment must apply to elementary-level training;

c/ Selection-based enrollment, entrance exam or combination of entrance exam and selection-based enrollment must apply to intermediate- and collegial-level training. Based on specific needs of disciplines or trades, rectors of intermediate vocational schools or colleges may decide to hold preliminary screening before conducting selection-based enrollment or organizing entrance exams.

3. Cases entitled to automatic admission to collegial-level training include:

a/ Holders of higher secondary education diplomas or those having studied the amount of knowledge and passed all exams required for upper secondary education, holding intermediate-level vocational training diplomas of distinction or higher class and registering to learn the same discipline or trade;

b/ Holders of higher secondary education diplomas or those having studied the amount of knowledge and passed all exams required for upper secondary education, holding intermediate-level vocational training diplomas of good class and, having at least 2 years working in their trained discipline or trade and registering to learn the same discipline or trade;

c/ The cases prescribed in Clause 2, Article 64 of this Law.

4. The head of the central state management agency of vocational education shall stipulate the determination of enrollment quotas by vocational education institutions and promulgate the enrollment regulation.

Article 33. Training duration

1. The elementary-level training duration must last between 3 months and less than 1 school year but be at least 300 learning hours for students with educational level suitable to the trades they need to learn.

2. The intermediate-level training duration for school year-based programs must last between 1 and 2 years depending on the disciplines or trades.

The duration for module- or credit-based intermediate-level training is the duration for sufficiently accumulating the number of modules or credits required for each training program.

Holders of lower secondary education diplomas who wish to further study at the collegial level shall study the amount of knowledge and pass exams required for upper secondary education.

3. The collegial-level training duration for school year-based programs must last between 2 and 3 school years depending on the disciplines or trades, for holders of upper secondary education diplomas; or between 1 and 2 years, depending on the disciplines or trades, for holders of intermediate-level vocational education diplomas in the same disciplines or trades who possess upper secondary education diplomas or have studied the amount of knowledge and passed all exams required for upper secondary education.

The duration for module- or credit-based collegial-level training is the duration for sufficiently accumulating the number of modules or credits required for each training program, for holders of upper secondary education diplomas or those having studied the amount of knowledge and passed all exams required for upper secondary education.

4. The Minister of Education and Training shall stipulate the amount of knowledge of upper secondary education to be accumulated by students in order to study at the collegial level.

Article 34. Training programs

1. A vocational training program must meet the following requirements:

a/ To show the objectives of elementary-, intermediate- and collegial-level training; to provide standard knowledge and skills for graduates; scope and structure of training contents, methods and forms; and methods of evaluating learning performance for each module, credit, subject, discipline or trade and each training level;

b/ To ensure scientificity, modernity, systematicity, practicality and flexibility in response to labor market changes; to reasonably allocate time between vocational knowledge and skills, to ensure transferability between vocational education levels and other training levels in the national education system;

c/ To be periodically reviewed, updated and supplemented to suit techniques and technologies in production, business and services.

2. The head of a vocational education institution may decide on and shall take responsibility for developing or selecting and approving vocational training programs of all levels.

3. A foreign-invested vocational education institution may decide on and shall take responsibility for developing and implementing training programs according to regulations of the head of the central state management agency of vocational education.

4. The head of the central state management agency of vocational education shall stipulate the minimum knowledge amount and required capacity that students must acquire after completing each training level of vocational education; and the process to develop, appraise and issue training programs of elementary, intermediate and collegial levels.

Article 35. Course books

1. Course books for elementary-, intermediate- and collegial-level training must concretize the requirements for knowledge and skills for each module, credit and subject in the training program and facilitate the application of active teaching methods. Heads of vocational education institutions shall decide on the formation of course book appraisal councils, organize the compilation or selection of course books and approve course books for use as official materials for teaching and learning.

2. The head of the central state management agency of vocational education shall stipulate the compilation, selection, appraisal, approval and use of course books of vocational education.

Article 36. Requirements on training methods

1. Elementary-level training methods must attach importance to exercising practicing skills and promoting the activeness and self-awareness of students.

2. Intermediate- and collegial-level training methods must combine exercising practicing capacity with equipping vocational knowledge; promote the activeness, self-awareness, dynamism, and the capacity to work independently and organize teamwork; use teaching software and increasingly apply information and communication technologies to teaching and learning.

Article 37. Organization and management of training

1. Training programs shall be conducted based on school year or module or credit accumulation. Vocational education institutions may decide on and shall take responsibility for organizing training programs based on school year or module or credit accumulation, depending on their conditions but must ensure quality required for each training program.

2. Students who accumulate a sufficient number of modules or credits required for a training program shall be recognized to have completed the program; the accumulated modules or credits of students shall be recognized and students are not required to learn them again when following other training programs.

3. The head of the central state management agency of vocational education shall stipulate the organization of training programs based on school year and module or credit accumulation and organization of joint training.

Article 38. Vocational education diplomas and certificates

1. Vocational education diplomas and certificates shall be awarded to graduates of a certain training level. The award of vocational education diplomas and certificates is prescribed as follows:

a/ A student who has finished an elementary-level training program and satisfies set criteria may take a course completion test or exam and, if passing the test or exam, shall be awarded an elementary-level training certificate by the head of the vocational education institution or enterprise licensed for vocational training;

b/ A student who has finished a school year-based intermediate-level training program and satisfies set criteria may take a graduation exam, and, if passing the exam, or a student who has accumulated all modules or credits required for such training program, shall be considered for graduation recognition and awarded an intermediate-level vocational education diploma by the rector of the intermediate vocational school or college;

c/ A student who has finished a school year-based collegial-level training program and satisfies set criteria may take a graduation exam or defends his/her dissertation for graduation, and if meeting the requirements, or a student who has accumulated all modules or credits required for such training program, shall be considered for graduation recognition and awarded a collegial diploma by the rector of the intermediate vocational school or college and be recognized as bachelor of practice or engineer of practice.

2. Vocational education institutions may print blank diplomas and certificates and award diplomas and certificates to students; and publish diploma- and certificate-related information on their websites.

3. The head of the central state management agency of vocational education shall promulgate regulations on tests, exams and recognition of graduation; issue forms of diplomas and certificates; and stipulate the printing, management, issuance, award, withdrawal and cancellation of diplomas and certificates; responsibilities of foreign-invested vocational education institutions for awarding diplomas and certificates in Vietnam; equivalence recognition for graduates of vocational training levels overseas; and  the order and procedures for recognition of vocational education diplomas and certificates awarded by foreign vocational education institutions.

Section 2

CONTINUING TRAINING

Article 39. Training contracts

1. Training contract means the verbal or  written agreement on the rights and obligations between the head of a vocational education institution, a vocational training class, an organization or an individual and a student of a continuing training program prescribed at Point a, b, c or d, Clause 1, Article 40 of this Law and in case an enterprise recruits people for training to work for the enterprise.

2. A training contract must contain the following details:

a/ The name of the trade to be trained in, vocational skills to be acquired;

b/ Training location;

c/ The completion time of the training course;

d/ The tuition fee and method of payment;

dd/ Each contracting party’s liabilities to pay damages due to contractual breaches;

e/ Contract liquidation;

g/ Other agreements not contrary to the law and social ethics.

3. If an enterprise recruits people for training to work for the enterprise, in addition to the contents prescribed in Clause 2 of this Article, a training contract must also contain the following contents:

a/ The student’s commitment on the duration of working for the enterprise;

b/ The enterprise’s commitment on labor employment after completing the training;

c/ Agreements on the time and the level of remuneration paid to the student who directly turns out or participates in turning out products for the enterprise during his/her training.

4. A contract on hands-on training at an enterprise must, in addition to the contents prescribed in Clause 2 of this Article, contain agreements on the time of commencing payment of remuneration and the level of remuneration to the student according to each period of time.

Article 40. Continuing training programs

1. Continuing training shall be carried out through the following programs:

a/ Continuing training programs at students’ request; programs on refresher training in, updating and raising vocational knowledge and skills;

b/ Training programs in forms of hands-on training, hand-down of trades, and apprenticeship;

c/ Programs on technology transfer;

d/ Other training programs with a training duration of under three months;

dd/ Training programs to obtain collegial- or intermediate-level diplomas and elementary-level certificates through continuing training.

2. Continuing training programs must meet the following requirements:

a/ Training programs prescribed at Points a, b, c and d, Clause 1 of this Article must be practical and help students acquire capabilities to accomplish tasks of a trade, raise their working capacity and labor productivity or change their trades. The heads of vocational education institutions, enterprises and vocational training classes providing training programs prescribed at Points a, b, c and d, Clause 1 of this Article may decide on and shall take responsibility for developing or selecting their own training programs.

b/ Training programs prescribed at Point dd, Clause 1 of this Article must meet the requirements prescribed in Article 34 of this Law.

Article 41. Continuing training duration and methods

1. The training duration for programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law must conform to the requirements of each program, ensuring flexibility and suitability to each category of students.

2. The school year-based training duration for programs prescribed at Point dd, Clause 1, Article 40 of this Law may be longer than the duration prescribed in Article 33 of this Law.

3. The methods of continuing training must promote students’ activeness, self-learning ability and experiences; use modern facilities, information and communication technology to raise the teaching and learning quality and effectiveness.

Article 42. Teachers of continuing training programs

1. Teachers of training programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law must be teachers, scientists, engineers, technicians, artisans, skilled persons and best farmers.

2. Teachers of training programs prescribed at Point dd, Clause 1, Article 40 of this Law must be teachers who meet the criteria and standards prescribed in Articles 53 and 54 of this Law.

Article 43. Organization and management of continuing training

1. The organization and management of continuing training must comply with Article 37 of this Law.

2. Vocational education institutions, enterprises and vocational training classes may organize training for programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law.

3. Vocational education institutions and higher education institutions having registered for collegial-level training may organize training for programs prescribed at Point dd, Clause 1, Article 40 of this Law after guaranteeing the performance of their formal training task and obtaining the permission of a competent state management agency of training.

4. The head of the central state management agency of vocational education shall stipulate in detail continuing training.

Article 44. Diplomas and certificates of continuing training

1. Continuing vocational training programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law must apply tests or exams upon completion of modules, subjects or programs depending on each program as decided by heads of vocational education institutions, enterprises, heads of organizations or individuals opening vocational training classes.

2. Tests, exams and the award of vocational education diplomas and certificates for training programs prescribed at Point dd, Clause 1, Article 40 of this Law must comply with Article 38 of this Law.

3. Students finishing continuing training programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law shall be awarded training certificates by heads of vocational education institutions, enterprises or vocational training classes. A training certificate must indicate the contents and duration of the training course.

Article 45. Vocational training classes

1. Vocational training classes may be established by organizations or individuals to implement training programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law.

The organization or individual opening a vocational training class under an order placed by the State must fully satisfy the conditions stipulated by the head of the central state management agency of vocational education.

2. If fully meeting the conditions prescribed in Clause 3 of this Article, organizations and individuals opening vocational training classes are entitled to the following incentive policies:

a/ To have expenses for activities of vocational training classes deducted from taxable income in accordance with the tax law;

b/ To take part in the State’s vocational training programs and schemes if satisfying conditions prescribed by law;

c/ To award training certificates to students;

d/ To send vocational trainers to pedagogical refresher training classes and refresher training classes to update and raise technology knowledge in specialized fields;

dd/ Students are entitled to training support if their vocational training classes are covered by the State’s vocational training programs and schemes.

1. Vocational training classes are entitled to the State’s incentive policies if meeting the following conditions:

a/ Having physical foundations, equipment, teachers and training programs suitable to the trades to be trained in;

b/ Having a written report on vocational training activities to the People’s Committee of the commune, ward or township where vocational training classes are opened.

Section 3

INTERNATIONAL COOPERATION IN VOCATIONAL EDUCATION

Article 46. Objectives of international cooperation in vocational education

1. To raise the quality of vocational education toward modernity and approach to advanced regional and global vocational education.

2. To create conditions for vocational education institutions to develop sustainably and train human resources of high qualifications and quality to serve national industrialization and modernization.

Article 47. Forms of international cooperation in vocational education

1. Joint training.

2. Establishment of representative offices of foreign vocational education institutions in Vietnam.

3. Cooperation in scientific research, technology transfer and organization of symposiums and seminars.

4. Refresher training and exchange of vocational education teachers, vocational education administrators and students.

5. Information exchange to serve training activities; supply of training programs; exchange of publications, documents and outcomes of training activities.

6. Participation in regional and international education organizations and professional associations.

7. Establishment of overseas representative offices of Vietnamese vocational education institutions.

8. Other lawful forms of cooperation.

Article 48. Joint training with foreign partners

1. Joint training with a foreign partner means the development and implementation of a training cooperation program between a Vietnamese vocational education institution and a foreign education and training institution without forming a new legal entity in order to implement training programs to award vocational training diplomas or certificates.

2. Training program used in joint training with foreign partners may be a foreign training program or a program jointly developed by both parties, which can be implemented wholly in Vietnam or partly in Vietnam and partly overseas. Heads of vocational education  institutions shall approve training programs used in joint training with foreign partners.

3. Vocational education institutions that implement joint training with foreign partners must possess a registration certificate of joint training and satisfy requirements on teaching staffs, training physical foundations and equipment, and training programs and contents.

Foreign education and training institutions that implement joint training with domestic vocational education institutions must possess a vocational education quality accreditation certificate granted by a foreign quality accreditation agency or recognized under regulations of the head of the central state management agency of vocational education.

Specific conditions, competence, the order and procedures for grant of a certificate of registration of joint training with foreign partners must comply with the Government’s regulations.

4. When a joint training program is suspended from enrollment or is terminated for failing to maintain the conditions prescribed in Clause 3 of this Article, the vocational education institution shall reimburse tuition fees to students, pay teaching remunerations, and ensure lawful rights and interests of its students, teachers, public employees and other employees under signed labor contracts or the collective labor agreement, and pay tax arrears and other debts (if any).

Article 49. Representative offices

1. A representative office of a foreign vocational education institution shall function to represent the foreign vocational education institution.

2. A representative office has the following tasks and powers:

a/ To boost cooperation with Vietnamese vocational education institutions through promoting the development of vocational education cooperation programs and projects;

b/ To organize exchange and counseling activities, information exchange, seminars and exhibitions on vocational education in order to introduce foreign vocational education organizations and institutions;

c/ To urge and supervise the implementation of vocational education cooperation agreements signed between foreign and Vietnamese vocational education institutions;

d/ To neither carry out vocational education activities directly generating profits in Vietnam nor establish its branches in Vietnam.

3. A foreign vocational education institution may obtain a license for establishing a Vietnam-based representative office when fully meeting the following conditions:

a. It has the legal entity status;

b/ It has operation guidelines and objectives;

c/ It has operated in vocational education for at least 5 years in the host country;

d/ It has an organization and operation regulation for its representative office to be established in Vietnam which conforms to Vietnamese law.

4. The head of the central state management agency of vocational education shall grant licenses for establishment in Vietnam of representative offices to foreign vocational education institutions.

5. A representative office of a foreign vocational education institution may terminate its operation at the request of the foreign vocational education institution or its operation shall be terminated when:

a/ The operation term indicated in its license expires;

b/ Its license is revoked because it fails to operate within six months after obtaining the license or within three months after obtaining an extended license;

c/ Its license application dossier contains forged document(s);

d/ It carries out activities in contravention of its license;

dd/ It violates other provisions of Vietnamese law.

Article 50. Policies on development of international cooperation in vocational education

1. The State shall expand and develop international cooperation in the field of vocational education on the principles of respect for national independence and sovereignty and mutual benefit.

2. The Vietnamese State shall encourage and create conditions for foreign organizations and individuals, international organizations and overseas Vietnamese to participate in teaching, research, investment in, financing of, cooperation on, science application or technology transfer to, vocational education in Vietnam; and protect their lawful rights and interests in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The Government shall stipulate in detail international cooperation on vocational education.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF ENTERPRISES IN VOCATIONAL EDUCATION

Article 51. Rights of enterprises in vocational education

1. To establish vocational education institutions for training the workforce directly for their production, business and service activities and for the society.

2. To register vocational education activities to organize elementary-level training and continuing training programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law for their workers and other workers; to receive the State’s funding support for training people with disabilities who will work for the enterprises.

3. To cooperate with other vocational education institutions to organize elementary-, intermediate- and collegial-level training and continuing training programs.

4. To participate in developing training programs and course books; to organize teaching, instruct practice and assess learning results of students at vocational education institutions.

5. To have expenses for their vocational education activities deducted from taxable income in accordance with the tax law.

Article 52. Responsibilities of enterprises in vocational education

1. To provide information on their training and employment demands according to disciplines and trades and their annual recruitment demands to state management agencies in charge of vocational education.

2. To organize training or place orders with vocational education institutions to train people to work for enterprises.

3. To fulfill responsibilities agreed upon in joint training contracts with vocational education institutions.

3. To participate in developing training programs and course books; to organize teaching, instruct practice and assess learning results of students at vocational education institutions; to admit students and teachers who make study visits, practice or work on apprenticeship to raise their vocational skills under contracts signed with vocational education institutions.

5. To pay wages and remuneration to students and teachers who directly turn out or participate in turning out proper products during the latter’s training practice or apprenticeship at enterprises at levels agreed upon by the parties.

6. To coordinate with vocational education institutions in organizing training and refresher training to raise vocational skills and vocational retraining for their workers.

7. To create conditions for their workers to take on-the-job training in order to raise their vocational knowledge and skills in accordance with the labor law.

8. To employ only trained workers or those having national vocational skills certificates for trades on the list prescribed by the Minister of Labor, War Invalids and Social Affairs.

9. The Government shall stipulate in detail rights and responsibilities of enterprises in vocational education.

Chapter V

TEACHERS AND STUDENTS

Section 1

TEACHERS

Article 53. Teachers at vocational education institutions

1. Teachers at vocational education institutions include teachers who teach theories, teachers who teach practice or teachers who teach both theories and practice.

2. Teachers at vocational education centers and intermediate schools shall be called teachers, and at colleges, called lecturers.

3. Teacher titles in vocational education institutions include teacher, principal teacher and senior teacher; lecturer, principal lecturer and senior lecturer.

4. Teachers at vocational education institutions must satisfy the following criteria:

a/ Having good moral qualities;

b/ Having obtained the standardized professional qualifications;

c/ Having good health as required by the profession;

d/ Having a clear background.

Article 54. Teachers’ trained standard qualifications

1. Elementary-level teachers must possess intermediate-level or higher degrees or vocational skills certificates for teaching at the elementary level.

2. Intermediate-level theory teachers must possess university or higher degrees; intermediate-level practice teachers must possess vocational skills certificates for teaching intermediate-level practice.

3. Collegial-level theory teachers must possess university or higher degrees; collegial-level practice teachers must possess vocational skills certificates for teaching collegial-level practice.

4. Teachers who teach both intermediate- and collegial-level theories and practice must meet the standards of theory teachers and practice teachers prescribed in Clauses 2 and 3 of this Article.

5. Teachers who have neither pedagogical college diplomas or technical pedagogical college diplomas nor pedagogical university diplomas or technical teachers’ training university diplomas must possess pedagogy certificates.

6. The head of the central state management agency of vocational education shall stipulate the contents of vocational skills training and refresher training programs and vocational skills certificates for teaching practice at different levels; and stipulate the contents of pedagogical refresher training programs for teachers at vocational education institutions.

Article 55. Tasks and powers of teachers

1. To give full and quality teaching according to training objectives and programs.

2. To regularly study and improve their professional qualifications and teaching methodologies.

3. To be exemplary in the implementation of civic duties, laws, and charters and organization and operation regulations vocational education of vocational education institutions.

4. To preserve their quality, prestige and honor; to respect students, fairly treat students and protect their lawful rights and interests.

5. To participate in the management and supervision of vocational education institutions; and in the work of the Party and mass organizations and other social activities.

6. To use teaching documents, facilities and aids and equipment and physical foundations of vocational education institutions for the performance of their assigned tasks.

7. To sign contracts with other vocational education institutions to work as guest lecturers in accordance with law.

8. To contribute opinions on policies and plans of vocational education institutions concerning teaching programs, course books and teaching methodology and matters related to their interests.

9. To spare time and be arranged by vocational education institutions to work as apprentices at enterprises to update and improve their practicing skills and access new technologies under regulations.

10. To have other tasks and powers prescribed by law.

Article 56. Recruitment, assessment and refresher training of teachers

1. Recruitment of teachers must ensure the criteria and standardized trained qualifications prescribed in Clause 4, Article 53, and Article 54, of this Law and comply with the laws on labor and public employees. To prioritize the recruitment of persons who have practical production, business or service experiences relevant to the disciplines and trades they are expected to teach.

2. Teachers shall be assessed and classified annually in accordance with law.

3. Refresher training for standardization, refresher training to raise professional and pedagogical qualifications, vocational skills, information technology skills and foreign languages; and apprenticeship at enterprises for teachers must comply with regulations of the head of the central state management agency of vocational education.

Article 57. Guest lecturing

1. Vocational education institutions may invite persons who fully satisfy the criteria and standardized trained qualifications prescribed in Clause 4, Article 53, and Article 54, of this Law to give lectures under the guest lecturing regime.

2. Guest lecturers shall perform the tasks and powers prescribed in Article 55 of this Law.

3. Guest lecturers who are cadres, civil servants or public employees in other agencies and organizations shall guarantee fulfillment of their tasks at their workplaces.

Article 58. Policies toward teachers

1. Teachers at public vocational education institutions are entitled to the following policies:

a/ Salaries according to their titles prescribed in Clause 3, Article 53 of this Law; profession-based allowance, seniority-based allowance for teachers and special allowance for teachers who teach both theories and practice, teachers being artisans, persons with high vocational skills who teach practice, teachers of practice in heavy, hazardous or dangerous jobs, teachers for persons with disabilities, according to the Government’s regulations;

b/ Policies for teachers working in specialized schools, areas meeting with extremely difficult socio-economic conditions and other policies according to the Government’s regulations.

2. To be sent to training courses to raise their professional qualifications and skills according to the Government’s regulations.

3. The State shall adopt policies to encourage teachers to work at vocational education institutions in areas with extremely difficult socio-economic conditions; and create favorable conditions for teachers who are seconded to work at vocational education institutions in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions.

4. Teachers, administrators and scientific researchers of vocational education who meet the criteria set by law shall be awarded the titles of “People’s Teacher” or “Outstanding Teacher” by the State.

5. Teachers who are doctors, artisans or possess high vocational skills working at public vocational education institutions may retire at an older age to perform professional work in accordance with the labor law provided that they have good health and voluntarily work longer and at the same time, the vocational education institutions need them.

6. The State shall adopt policies on investment in training and refresher training in professional knowledge and skills and teaching methodology for teachers of trades for people with disabilities.

Section 2

STUDENTS

Article 59. Students

Students are those studying vocational education programs at vocational education institutions, including students of collegial-level training programs, students of intermediate- and elementary-level training programs; and students of continuing training programs prescribed at Points a, b, c and d, Clause 1, Article 40 of this Law.

Article 60. Tasks and rights of a student

1. To study and practice under regulations of vocational education institutions.

2. To respect teachers, administrators, public employees and other staffs of vocational education institutions; to unite with and help others in study and practice.

3. To participate in labor and social activities, environmental protection, security and order protection, and crime and social evil prevention and combat.

4. To be respected and treated equally without discrimination based on gender, ethnicity, religion and family background, to be provided with full information on their study and practice.

5. To be helped in study and participation in production, business and service activities as well as cultural, physical training and sports activities.

6. To enjoy relevant policies, if they are beneficiaries of priority and social policies.

7. To have other tasks and rights prescribed by law.

Article 61. Students’ obligation to work for a definite term

1. Graduates from selection-based training courses according to the selection-based enrollment regime, training courses under state-ordered programs, or with state-awarded scholarships or state-covered training costs or foreign financing under agreements signed with the Socialist Republic of Vietnam shall comply with definite-term job placements by competent state agencies; in case of non-compliance, they shall reimburse scholarships or training costs.

2. Graduates from training courses who are awarded scholarships or have training costs paid by employers shall work for the latter for a duration committed in their training contracts; if failing to fulfill their commitment, they shall reimburse scholarships or training costs.

Article 62. Policies toward students

1. Students are entitled to scholarships, social relief, the selection-based enrollment regime, education credit policy, public service charge reduction and exemption policies applicable to pupils and students prescribed in Articles 89, 90, 91, and 92 of the Education Law.

2. Students are entitled to tuition fee exemption by the State in the following cases:

a/ Students of intermediate and collegial levels being people and relatives of people with meritorious service to the revolution according to the law on preferential treatment of people with meritorious service to the revolution; ethnic people of poor households or households living just above the poverty line; people of very small ethnic groups in areas with difficult or extremely difficult socio-economic conditions; helpless orphans;

b/ Graduates from lower secondary schools who follow intermediate-level training;

c/ Students of intermediate- or collegial-level training courses on disciplines and trades that have enrollment difficulties but are demanded by the society according to the list prescribed by the head of the central state management agency of vocational education; students of particular disciplines and trades to meet socio-economic development, national defense or security requirements according to the Government’s regulations.

3. Students being women and rural laborers when following elementary-level training programs and under three-month training programs shall be supported in training costs according to the Government’s regulations.

4. Graduates from boarding ethnic lower secondary schools or upper secondary schools, including boarding schools financed by people, are entitled to be automatically admitted to public intermediate vocational schools or colleges.

5. Students being ethnic people of poor households and households living just above the poverty line and people with disabilities; Kinh people of poor households and households living just above the poverty line or people with disabilities who permanently  reside in areas with extremely difficult socio-economic conditions, ethnic minority areas, border areas and on islands; boarding general education school pupils when following intermediate- or collegial-level training programs are entitled to boarding policy according to the Prime Minister’s regulations.

6. In the course of study, if students cannot continue their study due to the performance of military service, sickness, accidents, maternity or difficulties met by their families, they are entitled to reserve their learning results and resume their study to complete the training courses. The time for reserving learning results must not exceed five years.

7. Knowledge and skills that students have accumulated in the working process and the results of modules, credits and subjects that students have accumulated in the learning process at different vocational education levels shall be recognized and they are not required to learn them again when following other training programs.

8. Graduates are entitled to the following policies:

a/ To be employed by state agencies, socio-political organizations, public non-business units or armed forces under regulations; to prioritize graduates with diplomas of distinction or higher class;

b/ To receive salaries under agreements with employers based on working positions and working capacity and results, which must not be lower than the basic wage, minimum wage or entry-level wages for jobs occupations or titles requiring intermediate or collegial degrees in accordance with law.

Article 63. Policies toward students to work as guest workers

1. The State shall adopt policies to organize vocational training for to-be-guest workers under contracts.

2. If students at vocational education institutions leave to work overseas under contracts, they are entitled to reserve their learning results. The time for reserving learning results must not exceed five years.

Article 64. Policies toward prize winners at skills contests

1. The State shall encourage students to participate in skills contests. Prize winners at national, ASEAN or international skills contests shall be commended in accordance with the law on emulation and commendation.

2. First-, second- or third-prize winners at national skills contests who have intermediate vocational training diplomas and upper secondary education diplomas or learnt the amount of knowledge and passed exams required for upper secondary education in accordance with law, shall be automatically admitted to colleges for learning disciplines or trades compatible with trades on which they have won prizes.

3. First-, second- or third-prize winners at ASEAN or international skills contests who possess upper secondary education diplomas or intermediate vocational training diplomas and learnt the amount of knowledge and passed exams required for upper secondary education in accordance with law, shall be automatically admitted to universities for learning disciplines or trades compatible with trades on which they have won prizes.

Chapter VI

VOCATIONAL EDUCATION QUALITY ACCREDITATION

Article 65. Objectives, subjects and principles of vocational education quality accreditation

1. Objectives of vocational education quality accreditation include:

a/ To ensure and raise vocational education quality;

b/ To certify the level of achievement of vocational education objectives in each certain period by vocational education institutions or programs.

2. Subject to vocational education quality accreditation are:

a/ Vocational education institutions;

b/ Training programs of all vocational education levels.

3. Vocational education quality accreditation must comply with the following principles:

a/ Independence, objectivity and lawfulness;

b/ Honesty, publicity and transparency;

c/ Fairness and periodicity;

d/ Compulsoriness for vocational education institutions and training programs on national, regional and international key disciplines, specialties or trades; vocational education institutions and training programs on disciplines and trades to meet the requirements of state management work.

Article 66.  Organization and management of vocational education quality accreditation

1. A vocational education quality accreditation institution shall be tasked to assess and recognize vocational education institutions and vocational education programs as reaching vocational education quality standards.

2. Vocational education quality accreditation institutions include:

a/ Vocational education quality accreditation institutions founded by the State;

b/ Vocational education quality accreditation institutions founded by organizations or individuals.

3. A vocational education quality accreditation institution may be established when having a plan to meet the following conditions:

a/ Having physical foundations, equipment and finance meeting operation requirements of vocational education quality accreditation institutions.

b/ Having administrators and accreditors who meet requirements of vocational education quality accreditation activities.

4. A vocational education quality accreditation institution must have the legal entity status and shall take responsibility before law for its vocational education quality accreditation activities; and may collect accreditation charges in accordance with law.

5. The head of the central state management agency of vocational education shall stipulate in detail criteria, standards, process and cycle for vocational education quality accreditation; conditions and competence to establish, permit the establishment, dissolve vocational education quality accreditation institutions; tasks and powers of vocational education quality accreditation institutions; and recognize accreditation results of vocational education quality accreditation institutions; the grant and revocation of certificates of satisfaction of vocational education quality accreditation standards; criteria for, and tasks and powers of accreditors; and management and grant of vocational education quality accreditor cards.

Article 67. Tasks and powers of vocational education institutions in vocational education quality accreditation

1. To formulate and implement long-term and annual plans to raise vocational education quality.

2. To organize self-accreditation of vocational education quality according to vocational education quality accreditation standards and procedures.

3. To provide information and documents for vocational education quality accreditation activities.

4. To submit to vocational education quality accreditation at the request of competent state agencies.

5. To pay quality accreditation charges to vocational education quality accreditation institutions.

6. To select a vocational education quality accreditation institution to conduct quality accreditation for them and their vocational training programs.

7. To lodge complaints and denunciations with competent agencies about illegal decisions, conclusions or acts of vocational education quality accreditation institutions or persons.

Article 68. Recognition of attainment of vocational education quality accreditation standards

1. If quality-accredited vocational education institutions or training programs satisfy the requirements, they shall be granted certificates of satisfaction of vocational education quality accreditation standards. Such a certificate must be valid for five years.

2. If vocational education institutions or training programs fail to maintain their quality according to vocational education quality accreditation standards, their certificates of satisfaction of vocational education quality accreditation standards shall be revoked.

Article 69. Tasks and powers of vocational education institutions recognized to have attained vocational education quality accreditation standards

1. To maintain and further raise vocational education quality.

2. To annually report on the self-assessment to state management agencies of vocational education.

3. To enjoy policies on investment support for raising vocational education quality and participate in bidding for performance of vocational education norms under orders placed by the State.

Article 70. Use of vocational education quality accreditation results

Results of vocational education quality accreditation may be used as a basis for:

1. Assessing the training quality of vocational education institutions;

2. Students to select vocational education institutions and training programs of all vocational education levels;

3. Employers to employ workers;

4. The State to invest, organize bidding for, place orders for and assign training tasks to vocational education institutions.

Chapter VII

STATE MANAGEMENT OF VOCATIONAL EDUCATION

Article 71. Responsibilities of state management of vocational education

1. The Government shall perform the unified state management of vocational education.

2. The central state management agency of vocational education shall take responsibility before the Government to perform state management of vocational education, having the following tasks and powers:

a/ To formulate and submit to competent authorities for promulgation or promulgate according to its competence, and organize the implementation of, strategies, master plans, plans and policies on vocational education development;

b/ To formulate and submit to competent authorities for promulgation or promulgate according to its competence, and organize the implementation of, legal documents on vocational education;

c/ To identify training objectives, contents and methods; teacher standards; list of trades of different levels; standards of training physical foundations and equipment; and to promulgate regulations on enrollment, tests, exams and recognition of graduation and award of diplomas and certificates in vocational education;

d/ To stipulate the registration of and grant of registration certificates of for vocational education activities;

dd/ To manage and organize the accreditation of vocational education quality;

e/ To perform statistical and information work on vocational education organization and operation;

g/ To organize the vocational education management apparatus;

h/ To manage and organize the training and refresher training for vocational education teachers and administrators, and teachers of continuing training programs;

i/ To mobilize, manage and use resources for vocational education development;

k/ To manage and organize scientific and technological research and application; production, business and services on vocational education;

l/ To manage and organize international cooperation on vocational education;

m/ To inspect and examine the observance of law on vocational education; to settle complaints and denunciations and handle violations of the law on vocational education.

3. Ministries and ministerial-level agencies shall coordinate with the central state management agency of vocational education in performing the state management of vocational education according to their competence, and directly manage vocational education institutions of their ministries and sectors (if any) according to their assigned functions and tasks.

4. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of vocational education under the Government’s decentralization; formulate, and organize the implementation of, vocational education plans to meet local human resources needs; examine the observance of the law on vocational education by vocational education institutions, organizations and individuals involved in vocational education in their localities according to their competence; socialize vocational education; and raise the quality and effectiveness of vocational education in their localities.

5. The Government shall stipulate in detail the competence and contents of state management of vocational education.

Article 72. Vocational education inspection

1. Agencies assigned to perform the state management of vocational education shall perform specialized inspection of vocational education.

2. Vocational education inspectorates haves the following tasks and powers:

a/ To inspect the observance of laws and policies on vocational education;

b/ To detect, prevent and handle according to competence or propose competent state agencies to handle violations of the law on vocational education;

c/ To verify, and propose competent state agencies to settle, vocational education-related complaints and denunciations;

d/ Other tasks and powers prescribed by the inspection law.

3. The organization and activities of vocational education inspectorates must comply with the inspection law.

Article 73. Handling of violations

1. A person who commits any of the following acts shall, depending on the nature and seriousness of the violation, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, he/she shall pay compensations therefor in accordance with law:  

a/ Establishing a vocational education institution or organizing vocational education activities in contravention of law;

b/ Violating regulations on organization or activities of vocational education institutions;

c/ Publishing, printing and distributing documents in contravention of law;

d/ Forging dossiers; violating regulations on enrollment, tests, exams and recognition of graduation and award of diplomas and certificates;

dd/ Infringing upon the body or dignity of vocational education teachers and administrators; maltreating and persecuting students;

e/ Violating regulations on vocational education quality accreditation;

g/ Causing insecurity and disorder in vocational education institutions;

h/ Causing losses of education funds, abusing vocational education activities to earn money illegally or for self-seeking purposes;

i/ Causing material damage to vocational education institutions;

k/ Other acts in violation of the law on vocational education.

2. The Government shall stipulate in detail the sanctioning of administrative violations related to vocational education.

Article 74. Complaints, denunciations and settlement of complaints and denunciations

Complaints and denunciations about vocational education activities and the settlement thereof must comply with the provisions of law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 75. Effect

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

2. Law No. 76/2006/QH11 on Vocational Training ceases to be effective on the effective date of this Law.

Article 76. To amend and supplement a number of articles of the Education Law

To amend, supplement and annul a number of articles of Education Law No. 38/2005/QH11, which was amended and supplemented under Law No. 44/2009/QH12, as follows:

1. To amend and supplement Points c and d, Clause 2, Article 4 as follows:

“c/ Vocational education at elementary, intermediate and collegial levels and other vocational training programs;

d/ Undergraduate and postgraduate education (below referred to as higher education), training of university, master and doctoral levels.”;

2. To amend and supplement Point d, Clause 1, Article 51 as follows:

“d/ The Minister of Education and Training shall make decisions for pre-university schools; the head of the central state management agency of vocational education shall make decisions for colleges;”;

3. To amend and supplement Clause 3, Article 70 as follows:

“3. Teachers working at pre-school education, general education and elementary- and intermediate-level vocational education institutions shall be called teachers. Teachers working at colleges and higher education institutions shall be called lecturers.”;

4. To replace some phrases in a number of articles as follows:

a/ To replace “vocational training centers” with “vocational education centers” at Point b, Clause 1, Article 83;

b/ To replace “vocational teaching classes” with “vocational training classes” at Point a, Clause 1, Article 69, and Point b, Clause 1, Article 83;

c/ To replace “the head of the state management agency of vocational training” with “the head of the central state management agency of vocational education” in Articles 45, 50, 51, 52, 54, 77, 105 and 113;

d/ To replace “vocational training institutions” with “vocational education institutions” in Clause 3, Article 54;

dd/ To replace “vocational training schools” with “vocational education institutions” in Clause 1, Article 89;

5. To remove some phrases in a number of articles as follows:

a/ To remove “collegial level” in Clause 2, Article 40 and Clause 1, Article 41;

b/ To remove “colleges” in Article 41, at Point d, Clause 1, Article 51 and Article 79;

c/ To remove “colleges and” in paragraph 3, Clause 2, Article 41;

d/ To remove “and professional secondary education classes” at Point a, and “centers for general technical education and vocational orientation; vocational training centers” at Point b, Clause 1, Article 69;

6. To remove Section 3, Chapter II - Vocational education, comprising Articles 32, 33, 34, 35, 36, and 37; to annul Clause 5 of Article 30, Clause 1 of Article 38, Clause 2 of Article 39, paragraph 2, Clause 1 of Article 40, Point a, Clause 1 of Article 42, Clause 1 of Article 43, and Points d and dd, Clause 1, Article 77.

Article 77. To amend and supplement a number of articles of the Law on Higher Education

To amend, supplement and annul a number of articles of Law No. 08/2012/QH13 on Higher Education as follows:

1. To replace “professional secondary schools” with “intermediate schools” in Clause 3, Article 37.

2. To remove some phrases in a number of articles as follows:

a/ To remove “college” in Clause 2 of Article 4, Clause 2 of Article 5, Article 33, Point a, Clause 1, and Clause 3 of Article 36, and Clause 4 of Article 45;

b/ To remove “collegial level” in Clause 1, Article 6;

c/ To remove “colleges” in Article 2, Clause 8 of Article 4, Clause 1 of Article 11, Article 14, Clause 1 of Article 16, Clause 1 of Article 17, Clause 1 of Article 19, Clause 1 of Article 20, Clause 4 of Article 27, and Article 28;

d/ To remove “The Minister of Education and Training shall recognize the ranks of colleges” in Clause 5, Article 9;

dd/ To remove  “holding a master’s or higher degree for rectors of colleges” at Point b, Clause 2, Article 20;

e/ To remove “college diploma” in Clause 1, Article 38;

g/ To remove “collegial-level training programs” in Article 59;

3. To annul Point a, Clause 2, Article 5; Point a, Clause 1, Article 7; paragraph 2, Clause 1, Article 27, paragraph 2, Clause 2, Article 27, and Point a, Clause 1, Article 38.

Article 78. Transitional provision

Vocational education institutions and higher education institutions that have organized enrollment before the effective date of this Law may continue organizing training and awarding diplomas and certificates to students in accordance with Education Law No. 38/2005/QH11, which was amended and supplemented under Law No. 44/2009/QH12; Law No. 76/2006/QH11 on Vocational Training and Law No. 08/2012/QH13 on Higher Education until completion of the courses.

Article 79. Detailing provision

The Government and competent agencies shall detail the articles and clauses as assigned in this Law.

This Law was passed on November 27, 2014, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.-

Chairman of the National Assembly
NGUYEN SINH HUNG

 

 

[1] Công Báo Nos 1179-1180 (31/12/2014)

[2] Công Báo Nos 1179-1180 (31/12/2014)

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