Nghị định 115-CP

DECREE

ON PROMULGATING THE STATUTE ON THE ACTIVITIES OF FOREIGN JOB TRAINING SCHOOLS IN THE SOCIALIST REPUBLIC OF VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;
At the proposal of the Minister of Education and Training,

DECREES:

Article 1.- To promulgate along with this Decree the Statute on the Activities of Foreign Job Training Schools in the Socialist Republic of Vietnam.

Article 2.- This Decree takes effect as from the date of its signing. The Minister of Education and Training shall provide guidance for the implementation of the Statute issued along with this Decree.

Article 3.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

REGULATION

ON OPERATION Of FOREIGN VOCATIONAL SCHOOLS IN THE SOCIALIST REPUBLIC Of VIETNAM
(Attached to Decree No 115-CP of the 5th of September, 1994 of the Government)

Article 1.

- A foreign vocational school is an institution for vocational training and fostering invested, built and operated by foreign organizations and individuals in accordance with this Regulation.

Article 2.

- A foreign vocational school founded in accordance with this Regulation shall have the legal person status, operates in strict compliance with the Vietnamese law, causes no harm to the national security of Vietnam, does not go aga in the cultural and ethical tradition of the Vietnamese nation and discharges all the obligations stipulated in the license for its opening.

Article 3.

- The establishment and dissolution of the foreign vocational school shall be considered and decided by the Ministry of Education and Training. The applying procedure and dossier shall be defined by the Ministry of Education and Training.

Article 4.

- The foreign vocational school is permitted to operate in the following areas:

- Providing vocational training in line with the objectives and programs registered with the Vietnamese Ministry of Education and Training; the training can be conducted in a foreign language or in two languages (foreign and Vietnamese).

- Providing refresher for workers and professional employees.

- Providing training in combination with production practice of technical advances and the transfer of technology through training suitable to the Vietnamese conditions.

Article 5.

- The foreign vocational training school shall provide training to and organise practice for its trainees in strict compliance with its registered training line and shall enjoy preferential tax rates in accordance with the detailed provisions stipulated in the permit.

Article 6.

- Vietnamese citizens shall have priority in recruitment for the teaching, managerial and technical staff of the school. for posts in the teaching and technical staff which require a level of skill which the Vietnamese side is not yet able to provide, the school can recruit foreign nationals. But such recruitment's must have the approval of the authorised agencies o f Vietnam. The rights and obligations of the wage earners at the school shall be guaranteed through their labour contracts.

Article 7.

- All Vietnamese citizens, irrespective of their class, religious and ethnic backgrounds, who are of the age and educational level required for the professional skills they wish to train, have the right to register for enrolment at foreign vocation al school. foreigners who have been registered as permanent or long-term residents in Vietnam also have the right to register for enrolment at the school.

Article 8.

- Vocational trainees shall pay their tuition fees in Vietnamese currency and in the amount agreed upon with the school. On the basis of the professional skills to be trained, the material bases required and its own cost accounting, the foreign vocational school at each territorial area of Vietnam shall set its tuition fees to suit each category of trainees and t he economic conditions of that area. The rights and obligations of the vocational trainees shall be guaranteed through the contracts with the school on the principle of mutual benefit.

Article 9.

- On the basis of its training levels and grades, the foreign vocational school has the duty to register its diplomas and certificates with the Vietnamese Ministry of Education and Training.

Article 10.

- Trainees shall be issued certificates or diplomas immediately after their graduation from the training course. The graduation certificates and diplomas of the foreign vocational school which are approved by the Ministry of Education and Training shall be valid throughout the Vietnamese territory.

Article 11.

- Vietnamese businesses of all economic sectors have the right to employ graduated from schools of this type.

Article 12.

- In the course of investment in vocational schools in Vietnam, the foreign organisations and individuals shall not have their properties and assets requisitioned or confiscated through administrative measures, the schools shall not be nation alised.

Article 13.

- Teaching facilities, equipment and machinery and materials in service of training activities which are imported by foreigners into Vietnam must be registered with and permitted by managing Vietnamese agency; if they are found to be actua lly destined for vocational training, they shall be considered for tax exemption for each import shipment.

Article 14.

- Foreign citizens who come to work and lecture at an international vocational school shall enjoy the same existing privileges in immigration, customs and travelling provided by the Vietnamese Government for international experts who are implementing training projects in Vietnam.