Thông tư 01/2002/TT-BLDTBXH

CIRCULAR

GUIDING THE ESTABLISHMENT, OPERATION REGISTRATION, SEPARATION, SPLIT-UP, MERGER, OPERATION SUSPENSION AND DISSOLUTION OF JOB-TRAINING ESTABLISHMENTS

Pursuant to the Government’s Decree No. 02/2001/ND-CP of January 9, 2001 detailing the implementation of the provisions of the Labor Code and the Education Law on job training; after obtaining opinions of the concerned ministries and branches, the Ministry of Labor, War Invalids and Social Affairs hereby guides the establishment, operation registration, separation, split-up, merger, operation suspension and dissolution of job-training establishments, as follows:

I. OBJECTS AND SCOPE OF APPLICATION

This Circular shall apply to public, semi-public, people-founded and private job-training establishments, except foreign-invested ones specified in Section III, Chapter II of the Government’s Decree No. 02/2001/ND-CP of January 9, 2001.

II. ESTABLISHMENT OF JOB-TRAINING SCHOOLS AND CENTERS

A. CONDITIONS AND PROCEDURES FOR ESTABLISHING JOB-TRAINING SCHOOLS

1. Establishing conditions:

A job-training school shall be allowed for establishment when a scheme therefor is drawn up, fully meeting the following conditions:

a/ Being in line with the job-training school network planning already ratified by the competent authority;

b/ Having a minimum training capacity of 300 trainees;

c/ Having a number of rooms for theoretical study and practice suitable to its training capacity (for a maximum of 35 trainees/class; 4-6 square meters for each trainee’s practice);

Having sufficient machines, equipment and means for theoretical teaching, sufficient tools, raw materials and materials for trainees practice compatible with trained jobs and up to the labor safety and sanitation standards.

d/ Having an adequate number of qualified teachers:

- Regarding the quantity of teachers: There must be one theoretical teacher for 35 trainees or less; and one practice trainer for 18 trainees or less;

- Regarding the quality of teachers: Job trainers must be qualified as prescribed by law;

e/ Job-training programs being formulated strictly according to the program-formulation principle set by the Ministry of Labor, War Invalids and Social Affairs; and having teaching courses suitable to job-training objectives and contents;

f/ Having financial sources sufficient for job-training activities.

2. Establishing procedures:

a/ Dossier for a school’s establishment comprises:

- For a public or semi-public job-training school, the written request therefor must be sent to the competent agency defined in Clauses 1 and 2, Article 15 of the Government’s Decree No. 02/2001/ND-CP of January 9, 2001; for a people-founded or private job-training school, the establishment application made according to form No. 1(*) promulgated together with this Circular is required;

- School establishment plan made according to form No. 2(*) promulgated together with this Circular, enclosed with the school’s draft statute or operation regulation;

- Curriculum vitae of the person expected to be the school’s headmaster (with certification of the competent agency);

- For the establishment of a people-founded or private job-training school, there also must be the competent finance agency’s written certification of financial capability of the organization or individual requesting the school’s establishment.

b/ Dossier reception and evaluation:

- At the central level: The job-training management bodies of the ministries, the ministerial-level agencies, the agencies attached to the Government, the managing boards of Corporations 91, socio-political organizations, socio-professional organizations or social organizations shall receive and evaluate dossiers for establishment of job-training schools under their respective management.

- At the provincial/municipal level: The provincial/municipal Services of Labor, War Invalids and Social Affairs shall have to assist the provincial/municipal People’s Committees in receiving and evaluating dossiers for establishment of job-training schools under the provincial management.

- Evaluation contents:

+ Degree of conformity of the founding of schools with the planning of job-training school network;

+ Projected training objectives and scale;

+ Financial capability (capital and asset value) of organizations or individuals requesting the school establishment;

+ Compatibility of the material-technical foundation already defined in the plan with the projected training objectives and scale;

+ Dossiers on house and/or land use (certificates of house or land use right or ownership right);

+ Projected contingent of job trainers as well as plan on recruitment of trainers;

+ Training program and courses.

- Responsibilities of the evaluating agencies:

+ In case of invalid dossiers, the dossier-receiving agencies shall, within 10 working days (after receiving such dossiers), have to notify such invalidity in writing to the organizations or individuals applying for school establishment. The notices must clearly state contents which must be amended as well as amending method.

+ Within 30 working days after receiving complete and valid dossiers, the evaluating agencies must submit the evaluation results to the competent agencies for decision.

c/ School establishment decisions: Shall be issued in compliance with the provisions in Clause 1, Article 15 of the Government’s Decree No. 02/2001/ND-CP of January 9, 2001.

Dossiers requesting the school establishment shall be approved under decisions of the competent agencies, which shall later send written school establishment requests to the Ministry of Labor, War Invalids and Social Affairs (together with such dossiers). The Ministry of Labor, War Invalids and Social Affairs shall, within 20 working days after receiving complete and valid dossiers, issue written consents or refusals of the school establishment.

Regarding the establishment of schools under Corporations 91, the managing board chairmen shall, before issuing establishment decisions, have to obtain written consents of the Ministry of Labor, War Invalids and Social Affairs and permissions of the Prime Minister.

B. CONDITIONS AND PROCEDURES FOR ESTABLISHING JOB-TRAINING CENTERS

1. Establishing conditions:

A job-training center shall be allowed for establishment when a plan thereon drawn up, fully meeting the following conditions:

a/ Being in line with the job-training center network;

b/ Having a minimum training capacity of 150 trainees;

c/ Having sufficient rooms for theoretical study and places for practice suitable to its training capacity (for a maximum of 35 trainees/class; 4-6 square meters for each trainee’s practice); having equipment and means for theoretical teaching and practice up to the professional level required by training objectives; satisfying the labor safety and sanitation conditions; and having sufficient tools, raw materials and materials for trainees practice.

d/ A projected contingent of job trainers and recruitment plan:

- Regarding the quantity: There must be one theoretical trainer for 35 trainees or less; and one practice trainer for 18 trainees or less;

- Regarding the quality of trainers: Trainers must be qualified as prescribed by law;

2. Establishing procedures:

a/ Dossier for a job-training center’s establishment comprises:

- For a public or semi-public job-training center, there must be a written request for its establishment; for a people-founded or private job-training center, there must be an establishment application made according to form No. 1(*) promulgated together with this Circular; which are sent to the competent agency defined at Point c, Clause 2, Section B of this Circular.

- A plan on the job-training center’s establishment made according to Form No. 2(*) promulgated together with this Circular;

- Curriculum vitae of the person expected to be the job-training center’s director (with certification of the competent agency).

- For the establishment of a people-founded or private job-training center: there also must be the competent authority’s written certification of financial capability of the organization or individual requesting the establishment of the job-training center.

b/ Dossier reception and evaluation:

- At the central level: The job-training management bodies of the ministries, the ministerial-level agencies, the agencies attached to the Government, socio-political organizations, socio-professional organizations or social organizations shall receive and evaluate dossiers for establishment of job-training centers under their respective management and job-training centers of colleges, universities, research institutes and other units under the management of ministries and branches;

- At the provincial/municipal level: The provincial/municipal Services of Labor, War Invalids and Social Affairs shall have to assist the provincial/municipal People’s Committees in receiving and evaluating dossiers for establishment of job-training centers under the provincial/municipal-level Services, departments, socio-political organizations, socio-professional organizations or social organizations.

- At the district level: The district Sections of Labor, War Invalids and Social Affairs shall receive and evaluate dossiers of job-training centers under the district management.

Evaluation contents and procedures and responsibilities of the evaluating agencies shall comply with the provisions at Point b, Clause 2, Section A, Part II of this Circular.

c/ Decisions on establishment of job-training centers:

- The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall decide on the establishment of their attached job-training centers and job-training centers of colleges, universities, research institutes and units under management by the ministries and branches;

- The presidents of the People’s Committees of the provinces or centrally-run cities shall decide on the establishment of public or semi-public job-training centers under the provincial/municipal management; and permit the establishment of people-founded job-training centers.

- The presidents of the People’s Committees of urban districts, rural districts or provincial towns shall decide on the establishment of public or semi-public job-training centers under the district management; and permit the establishment of people-founded or private job-training centers after obtaining written consents from directors of the provincial/municipal Services of Labor, War Invalids and Social Affairs.

III. REGISTRATION OF JOB-TRAINING ACTIVITIES

A. ORDER AND PROCEDURES FOR REGISTERING JOB-TRAINING ACTIVITIES

Within 9 months after the decisions on their establishment are issued, job-training establishments shall have to register their job-training activities at the Labor, War Invalids and Social Affairs offices, and may enroll trainees only after being granted certificates of job-training registration.

Order and procedures for registering job-training activities shall be carried out as follows:

1. Organizations or individuals applying for the founding of job-training establishments shall file complete dossiers to the Labor, War Invalids and Social Affairs offices defined in Section B, Part III of this Circular.

The dossier for registration of job-training activities comprises:

a/ For job-training schools:

- An application for registration of job-training activities made according to form No. 3(*) promulgated together with this Circular;

- The statute of the job-training school (the Regulation on organization and operation for non-public schools) already approved by the agency that has issued decision on the establishment thereof;

- The establishment decision or the decision permitting the establishment of the school and other decisions related to the school establishment;

- The decision on appointment or recognition of the school’s headmaster.

b/ For job-training centers:

- An application for registration of job-training activities made according to form No. 3(*) promulgated together with this Circular;

- The already approved regulation on organization and operation of the job-training center;

- The establishment decision or the decision permitting the establishment of the job-training center;

- The decision on appointment or recognition of the center’s director.

c/ For job-training classes:

Organizations, individuals, intermediate vocational schools, colleges and universities, that wish to open job-training classes with collection of tuition (except for cases mentioned in Clause 3, Article 5 of the Government’s Decree No. 02/2001/ND-CP of January 9, 2001), shall have to register their job-training activities.

The dossier shall comprise an application for registration of job-training activities made according to form No. 3(*) promulgated together with this Circular.

B. PLACES FOR REGISTRATION AND RESPONSIBILITIES OF THE AGENCIES GRANTING JOB-TRAINING REGISTRATION

1. Places where job-training activities are registered:

a/ The provincial/municipal Services of Labor, War Invalids and Social Affairs, which are authorized by the Ministry of Labor, War Invalids and Social Affairs, shall carry out the registration of job-training activities for job-training establishments located in their respective localities:

- Public, semi-public, people-founded or private job-training schools and centers;

- Private job-training classes with 10 trainees or more each, job-training classes of enterprises, cooperatives, intermediate vocational schools, colleges, universities or other organizations with the collection of tuition.

b/ Sections of Labor, War Invalids and Social Affairs (of urban districts, rural districts and provincial towns) shall carry out the registration of job-training activities for private job-training classes, job-training classes of enterprises, cooperatives, short-term job-training classes with less than 10 trainees each, in the form of training at workshops or at private houses with the collection of tuition.

2. Responsibilities of the agencies granting registration of job-training activities:

a/ The competent agencies defined at Point 1, Section B, Part III, shall grant written registrations of job-training activities to job-training establishments, which are made according to form No. 4(*) promulgated together with this Circular, within 20 days after receiving complete and valid dossiers. If past the said time limit, the written registrations of job-training activities are still not granted to job-training establishments, such establishments may commence their operation according to the registered contents.

b/ In cases where dossiers are invalid, the job- training registration granting-agencies shall have to notify such in writing to the persons or organizations establishing the job-training establishments within 10 working days after receiving such dossiers. The notices must clearly state the contents which must be amended as well as amending methods. If past the said time limit, no notice is sent, all dossiers for registration of job-training activities shall be considered valid.

c/ Quarterly, the provincial/municipal Services of Labor, War Invalids and Social Affairs shall make a sum-up report to the General Department for Job Training under the Ministry of Labor, War Invalids and Social Affairs on the situation of job-training registration in their respective localities.

C. ADDITIONAL REGISTRATION AND ALTERATION OF TRAINED JOBS

1. When wishing to alter the already registered trained jobs or add new ones, the job-training establishments shall submit applications for addition or alteration to the agencies which have granted written job-training registrations, made according to form No. 5(*) promulgated together with this Circular.

Within 15 working days after receiving applications, the agencies having granted written job-training registrations shall consider them. In cases where the applications are consented, additional registration or alteration shall be inscribed in the job-training establishments certificates of job-training registration. In cases where applications are refused, the reasons therefor must be notified in writing to the concerned job-training establishments.

2. If within 15 working days after submitting the complete and valid dossiers, the registration-applying job-training establishments receive no reply from the job-training management agencies, they can commence operation according to the registered contents.

D. REGISTRATION OF RELOCATION OF HEADQUARTERS OF JOB-TRAINING ESTABLISHMENTS

1. When relocating their headquarters to other places within a province or centrally-run city, job-training establishments shall have to send notices to the agencies where job-training activities have been registered.

Each notice must contain:

a/ The name of the job-training establishment; the operation registration number, date of granting job-training registration certificate;

b/ The address of the job-training establishment’s headquarters;

c/ The address of the new headquarters it plans to move to;

d/ The full name, signature and residence of the job-training establishment’s representative at law.

Within 10 working days after receiving the notices, the agencies that have granted job-training registration certificates shall inscribe the registered relocation of headquarters in such certificates of the job-training establishments.

2. When job-training establishments headquarters are relocated to another province:

- The relocating job-training establishments shall have to send notices (with comments of the managing agencies) to the Labor, War Invalids and Social Affairs offices where they have registered their operation;

- The relocating job-training establishments shall have to register the job-training operation with the Labor, War Invalids and Social Affairs offices of localities where they plan to locate according to the provisions in Section A, Part III of this Circular. If deeming that the relocation is in line with the localities� plannings on the network of job-training establishments, socio-economic development and human resource development, the Labor, War Invalids and Social Affairs offices shall grant new job-training registration certificates to the job-training establishments within 20 working days after receiving the complete and valid dossiers and withdraw old ones.

E. WITHDRAWAL OF JOB-TRAINING REGISTRATION CERTIFICATES

1. If past 12 months after being granted job-training registration certificates, the job-training establishments fail to commence their operation or cease their operation, the competent agencies defined at Point 1, Section B, Part III of this Circular shall withdraw the job-training registration certificates.

2. In cases where job-training establishments fail to strictly comply with the job-training objectives, programs and contents inscribed in their job-training registration certificates, the competent agencies defined at Point 1, Section B, Part III of this Circular shall withdraw such job-training registration certificates.

3. In cases where job-training establishments still continue their job-training activities after their job-training registration certificates are withdrawn, they shall be handled according to the provisions of law.

IV. MERGER, SEPARATION, SPLIT-UP OR TRANSFORMATION OF PUBLIC JOB-TRAINING SCHOOLS OR CENTERS INTO SEMI-PUBLIC ONES OR SEPARATION THEREOF FROM THE NETWORK OF JOB-TRAINING ESTABLISHMENTS, OPERATION SUSPENSION OR DISSOLUTION OF JOB-TRAINING SCHOOLS, CENTERS OR CLASSES

1. Merger, separation, split-up or transformation of public job-training schools or centers into semi-public ones or separation thereof from the network of job-training establishments.

a/ For job-training schools or centers which wish to be merged, separated or split up to form new schools or centers or transformed from public into semi-public ones, the procedures and order shall be those applicable to the establishment of new job-training schools and centers prescribed in Part II of this Circular. There also must be plans on the use of personnel, trainers, employees and laborers who are working at such schools and centers as well as plans on organization of study for trainees who are trained thereat.

b/ In cases where a job-training school wishes to be separated from the network of job-training establishments, it must obtain a written consent of the Ministry of Labor, War Invalids and Social Affairs.

2. Operation suspension or dissolution of job-training schools, centers and classes

a/ The ministries, provinces and centrally-run cities, before suspending operation or dissolving job-training schools, centers or classes under their respective direct management; or job-training schools, centers or classes, which have temporarily ceased their operation, shall have to notify such in writing to the agencies which have already registered the job-training activities defined at Point 1, Section B, Part III of this Circular.

Each written notice must contain:

- Name of school (center), serial number and granting date of certificate of job-training operation registration;

- Address of headquarters of the job-training school (center);

- Duration, starting and ending days of operation suspension or cessation;

- Reason(s) (for dissolution, operation suspension or cessation).

b/ Decisions on operation suspension or dissolution of job-training schools, centers or classes shall be effected after such job-training schools, centers or classes guarantee to settle interests of their officials, trainers, employees and other laborers according to the provisions of the Labor Code, the Ordinance on Public Employees; the interests of trainees shall be settled according to the indentures, schools statutes or centers regulations. If trainees wish to continue their study to complete training programs at other job-training schools, centers or classes, the suspended or dissolved job-training schools, centers or classes shall have to arrange and place them at other job-training establishments.

V. ORGANIZATION OF IMPLEMENTATION

1. The General Department for Job Training, the job-training management agencies of the ministries and branches; the provincial/municipal Services and district Sections of Labor, War Invalids and Social Affairs shall have to monitor and inspect the operation of job-training establishments and handle their violations according to the provisions of the Government’s Decrees No. 02/2001/ND-CP of January 9, 2001 and No. 38/CP of June 25, 1996 and this Circular, and make periodical and extraordinary reports on implementation situation.

2. This Circular takes effect 15 days after its signing. The previous stipulations contrary to this Circular are hereby all annulled.

3. Job-training establishments set up before the effective date of this Circular shall not have to compile their registration dossiers but have to make reports according to form No.6(*) promulgated together with this Circular to the agencies with job-training registration competence defined at Point 1, Section B, Part III of this Circular. The time limit for making such reports is March 1, 2002.

Any problems arising in the course of implementation should be reported by the concerned ministries, branches, localities and job-training establishments to the Ministry of Labor, War Invalids and Social Affairs for study and solution.

(*) The forms are not printed herein.