Thông tư 47/2016/TT-BLDTBXH

CIRCULAR

ON CHARTER OF POST-SECONDARY SCHOOLS

Pursuant to Law on vocational education dated November 27, 2014;

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the request of Director of General Department of Vocational Training;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on charter of post-secondary schools.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular deals with charter of public post-secondary schools and private post-secondary schools (hereinafter referred to as charter of post-secondary schools), including: Tasks and rights; organization and management of post-secondary schools; training provision; teachers, administrative officers, public employees, workers and learners in post-secondary schools; finance and assets of post-secondary schools; relationship of schools and enterprises, families and society; implementation of charter of post-secondary schools.

Article 2. Regulated entities

1. This Circular applies to post-secondary schools and entities engaging in vocational education activities at post-secondary schools.

2. Foreign-invested post-secondary schools shall comply with regulations on operation of private post-secondary schools and rights of learners prescribed in this Circular and other regulations of law on cooperation and foreign investment in the field of vocational education, provided that standards for teachers and administrative officers are not lower than respective standards prescribed hereof.

3. This Circular does not apply to pedagogical post-secondary schools.

Article 3. Legal capacity of post-secondary schools

1. Post-secondary schools are vocational education institutions which enjoy autonomy as prescribed by law.

2. Each post-secondary school shall have legal status and have its own seal and account.

Article 4. Rules for naming post-secondary schools

1. Vietnamese name of a post-secondary school shall be formulated as follows:

a) School type: Post-secondary school;

b) Modes of school, branch of knowledge, or primary academic disciplines/fields of study (if necessary);

c) Proper name: Name of region, culturally famous person, historically famous person, individual or organization;

d) Quality or level (if necessary).

2. The name of a post-secondary school must not coincide with the one of a school founded before.

3. The school’s international name must represent correct meaning of its Vietnamese name and not misled about other schools' names.

4. Vietnamese name of a post-secondary school shall be written on its establishment decision or establishment permit, its seal, and its transaction documents and papers and shall be displayed at headquarters and branches of such post-secondary school.

Article 5. Modes of post-secondary schools

1. For the purposes of this Circular, post-secondary schools shall operate in one of the following modes:

a) Public post-secondary schools;

b) Private post-secondary schools.

2. Governing bodies of public post-secondary schools are agencies or organizations that have authorized to administer post-secondary schools as per the law, including:

a) Post-secondary schools affiliated to Ministries, ministerial-level agencies, Governmental agencies, central bodies of socio-political organizations;

b) Post-secondary schools affiliated to unit affiliated to Ministries, ministerial-level agencies, Governmental agencies, central bodies of socio-political organizations;

c) Post-secondary schools affiliated to People’s Committees of provinces and central-affiliated cities (hereinafter referred to as provinces);

d) Post-secondary schools affiliated to Departments;

dd) Post-secondary schools affiliated to People’s Committees of suburban districts, urban districts, district-level towns, provincial-affiliated cities (hereinafter referred to as districts).

Article 6. State management applicable to post-secondary schools

1. Post-secondary schools are under the supervision in vocational education of the Ministry of Labor, War Invalids and Social Affairs and under the territorial supervision of the People’s Committees of provinces where such post-secondary schools are headquartered.

2. Ministries, ministerial-level agencies, Governmental agencies, central bodies of socio-political organizations, and People's Committees of provinces shall cooperate with the Ministry of Labor, War Invalids and Social Affairs in state management of post-secondary schools which are under their management as prescribed in this Circular and relevant law provisions.

Article 7. Regulation on the organization and operation of post-secondary schools

1. Regulation on organization and operation of a post-secondary school (hereinafter referred to as Regulation of post-secondary school) shall be issued by its Principal according to the school council's resolution in case of a public post-secondary school or the board of directors in case of private post-secondary school in consideration of detailing this Circular, in accordance with particular conditions of the school and in accordance with relevant law provisions and be made public.

2. The Regulation of a post-secondary school shall at least contain:

a) School’s full name and abbreviated name (if any);

b) Objectives and mission;

c) Tasks and rights of school;

d) Provide training activities;

dd) Tasks and right of teachers, administrative officers, public employees, workers;

e) Tasks and rights of learners;

g) Organization and management of school;

h) Finance and assets;

i) Relationship between schools and enterprises, families and society;

k) Inspection, reward and actions against violations.

3. The Regulation of post-secondary school, upon issuance, shall be published in the school and on its website (if any).

4. Within 10 working days from the day on which the Regulation of post-secondary school is issued, the Principal shall send it to the following authorities:

a) Its governing body in case of public post-secondary school;

b) General Department of Vocational Training affiliated to the Ministry of Labor, War Invalids and Social Affairs;

c) Service of Labor, War Invalids and Social Affairs of province where it is headquartered.

5. Issuance of modified Regulation of post-secondary school

The Principal shall issue any modified Regulation of post-secondary school as prescribed in Clauses 1, 2, 3, and 4 hereof.

Article 8. Tasks, rights, autonomy of post-secondary schools

1. A post-secondary school shall perform tasks and exercise rights as prescribed in Article 23 of Law on Vocational Education and the following regulations:

a) Provide training for personnel directly engaging in production, business, services at intermediate level, elementary level and continuing form of training as prescribed;

b) Develop and choose, approve and apply curricula and course books in conformity with every permitted academic discipline/field of study as prescribed by the Ministry of Labor, War Invalids and Social Affairs;

c) Formulate enrollment plan and initiation of enrollment and training as prescribed by the Ministry of Labor, War Invalids and Social Affairs;

d) Provide training activities; administer tests, examinations, graduation assessment and print degree templates; manage, issue, revoke, or cancel post-secondary diplomas, elementary certificates, or training certificates as prescribed by the Ministry of Labor, War Invalids and Social Affairs;

dd) Recruit and manage the staff of teachers, administrative officers, public employees and workers of the schools with sufficient quantity and accordance with academic discipline/field of study and training levels as per the law;

e) Cooperate with enterprises, organizations, individuals and families of learners in vocational training activities;

g) Exercise democracy and transparency in performing tasks of training, investigation, and application of research findings and technology transfers in practical production, business, services and financial activities; enable learners to evaluate training activities and enable teachers to evaluate administrative officers, public employees and workers of schools;

h) Manage and use land, facilities, equipment and finance of the schools as per the law;

i) Make decisions on establishment of units affiliated to the schools according to the organizational structures that have been approved in the Regulation of post-secondary school; make decisions on the appointment and dismissal of positions ranging from chiefs of departments/faculties or lower levels as prescribed;

k) Cooperate with enterprises, training business operators in making training plans, developing curricula, course books; providing teaching, instructing practices, probation and assess learners’ performance;

l) Incorporate joint venture or associate with Vietnamese and foreign economic, education and scientific research organizations as per the law to improve vocational training quality, match training with requirements of employment and labor market;

m) Use revenue sources earned from training, science and technology, production, business and services to invest in the school’s facilities and spend on training activities and provide funding for the school’s finance as per the law;

n) Receive land and facilities that are allocated or leased out by the State; to receive funding from budget when performing tasks assigned by the State according to commissioning; to be eligible for preferential treatment on taxation and credit as per the law.

2. A post-secondary school shall exercise autonomy as prescribed in Article 25 of Law on Vocational Education and the following regulations:

a) Decide school’s objectives, mission, development strategy and plan;

b) Decide establishment of organizational structure, development of teachers, administrative officers, public employees, and workers according to the school development strategy and plan;

c) Collect revenues and pay expenses, invest in development of training quality assurance as per the law; decide training fees corresponding to training quality assurance in case of high quality training curriculum and regulations on exercising financial autonomy applicable to post-secondary schools as prescribed;

d) Enroll and manage learners; develop training curriculum; develop and choose course books in conformity with training objectives of each training curriculum as prescribed by the Ministry of Labor, War Invalids and Social Affairs;

dd) Initiate scientific and technological research and international cooperation according to the school's development strategy and plan; guarantee training quality; choose vocational education quality assessment organization to register assessment;

e) Issue Regulation of post-secondary school; stipulate functions and tasks of affiliates;

g) With regard to a public post-secondary school entitled to exercise autonomy (it has freedom to make decisions on both recurrent expenditures and capital expenditure; or recurrent expenditures solely), it has right to decide positions, proportion of public employees according to professional titles and number of employees in accordance with their assigned tasks, provided that it is capable of ensuring stable jobs and income for a certain number of additional employees in accordance with regulations of law.

With regard to a public post-secondary school not entitled to exercise autonomy (it has its recurrent expenditures wholly or partly funded by the state), the Minister, Head of ministerial-level agency, Head of Governmental agency, or the President of People’s Committee of province shall decide positions, proportion of public employees according to professional titles and number of employees in accordance with their assigned tasks as per the law.

Chapter II

ORGANIZATION AND MANAGEMENT OF POST-SECONDARY SCHOOLS

Article 9. Organizational structure, establishment, termination, dissolution of post-secondary schools

1. Organizational structure of a post-secondary school is composed of:

a) The School council in case of public post-secondary school, and the board of directors in case of private post-secondary school;

b) Principal, Vice Principals;

c) Divisions and other specialized and professional departments;

d) Faculties and subject groups;

dd) Advisory councils;

e) Branches; science and technology research units; units serving training, scientific research, and application initiation; business operators (if any);

2. The establishment and termination of branches of post-secondary schools shall be carried out as prescribed in the Government's Decree No. 143/2016/ND-CP dated October 14, 2016 on conditions for investment and operation in the vocational education sector.

3. The establishment, dissolution of affiliates of post-secondary schools; organizational structure, tasks and rights thereof shall be specified in regulations of law, this Circular, and be detailed in the school’s Regulation.

Article 10. Number, organizational structure, tasks and entitlement of the school council, tasks and entitlement of chairperson and secretary of school council

1. The school council shall be founded at public post-secondary schools. The school council is an organization that administer and represent the school’s ownership rights.

2. The school council shall have tasks and entitlement as prescribed in Clause 2 Article 11 of Law on Vocational Education and the following regulations:

a) Send annual or irregular reports and/or representation to the school’s governing body, vocational education authorities on conditions for quality assurance, performance and undertakings that have been carried out and the school’s finance;

b) Propose competent authorities to approve plans for employment, dismissal, or replacement of school council’s members;

c) Ratify regulations on quantity, proportion, positions; employment, management, development of teachers, administrative officers, public employees and workers;

d) Recommend staff for the posts of principal, vice principal; carry out annual evaluation of tasks that have been performed by principal and/or vice principal; propose competent authority to dismiss principal and/or vice principal from office; conduct vote of confidence procedure for the posts of principal and/or vice principal in the middle of their term or on an ad-hoc basis in necessary cases;

dd) Require the principal to provide explanation for matters that he/she has failed to carry out, has carried out improperly or inadequately based on the school council’s resolution. If the school council fails to reach a unanimous agreement on the principal's explanation, the matter shall be reported to the school's governing body.

3. Operation of school council

a) The school council members shall be convened for regular meeting at least every 3 months or irregular meetings upon written request submitted by greater than 30% of total number of school council members or upon written request submitted by the principal or the chairperson.

A meeting of the school council shall be considered valid when it is attended by at least 70% of total number of school council members. The school council shall work on the principle of collectives and under the majority rule. A resolution of the school council is ratified when it is voted for by more than half of total number of school council members. In the event of equal votes, the chairperson of the council shall have the casting vote. Meeting minutes are required in every meeting of the school council. The meeting minutes and resolution shall be sent to school council members and the school's governing body within 10 working days from the date on which the meeting has been held or the resolution has been ratified.

b) The term of office of the school council shall be 5 years and last for the same period with the principal. The school council may use the organizational structure and seal of its school to initiate activities within the functions and tasks of a school council;

c) Authorization of administration of the school council

When the chairperson of school council cannot work in a certain period of time prescribed in the Regulation, he/she is obligated to authorize one of other remaining school council members to assume his/her tasks. The written authorization shall be notified to school council members and the school's governing body and announced publicly in the school. The period of authorization shall not last for greater than 6 months.

4. The number of school council members is an odd number, including 1 chairperson, 1 secretary, and members. Composition of the school council is specified in Clause 3 Article 11 of Law on Vocational Education.

If a representative of relevant business operator wishes to participate in the school council, he/she must satisfy the following requirements:

a) He/she has worked in the sector of training, science and technology, business in connection with the functions and tasks of the school;

b) He/she has not been a parent-child, spousal or sibling relationship with any of other members in the school council.

5. Number, composition of school council members, procedures for appointment of members, election of chairperson and secretary shall be specified in the Regulation with consent of the principal.

6. The chairperson shall be elected among school council members under the majority rule and chosen by secret ballot and ratified by more than 50% of total number of school council members. The school council chairperson shall have the following tasks and powers:

a) Convene meetings of school council;

b) Decide agendas and preside over meetings and hold the ballots at meetings;

c) Administer the school council to perform tasks and exercise entitlement as prescribed in Clause 2 Article 11 of Law on Vocational Education and Clause 2 of this Article.

7. The chairperson shall meet standards applicable to principal of post-secondary schools as prescribed in Clause 2 Article 14 of Law on Vocational Education.

8. The secretary shall be recommended by the chairperson among school council members and ratified by more than 50% of total number of school council members. The secretary may not concurrently hold the position of principal or vice principal and will assist the chairperson to perform tasks and exercise entitlement below:

a) Make and submit final report on operation of the school to the chairperson; prepare meeting agenda, contents, material and send invitation letters, and play as secretary at meetings of the school council; formulate, complete, and store documents of the school council;

b) Prepare and submit reports and explanation to regulatory bodies and relevant agencies according to functions and tasks and the school council;

c) Perform other tasks assigned by the chairperson.

9. School council members shall perform tasks assigned by the school council and other tasks as prescribed in the Regulation with consent of the principal.

Article 11. Procedures for establishment of school council; appointment, dismissal of principal and school council members

1. Procedures for establishment of school council and appointment of principal in the first term of office

a) Determine number and composition of school council members

The principal shall chair meetings attended by vice principals, secretary of grassroots Party organization, chairperson of trade union, secretary of Communist Youth Union of Ho Chi Minh City, representatives of teacher staff and certain divisions, faculties, business operators (if any) to determine number and composition of school council members.

b) Request the school's governing body or relevant business operators to appoint representatives to participate in the school council;

c) Organizations prescribed in Point a Clause 3 Article 11 of Law on Vocational Education shall hold their meetings to elect representatives to participate in the school council;

d) Elect chairperson and secretary of school council;

dd) Decide establishment of school council.

According to the resolutions which have been ratified at the meeting to determine number and composition of school council members, the meeting to elect chairperson and secretary of school council, the principal shall prepare an application for establishment of school council as prescribed in Clause 3 of this Article and send it to the school's governing body.

Within 15 working days from the date on which the satisfactory application is received, the school's governing body shall consider issuing a decision on establishment of school council in case of the public post-secondary school. The decision on establishment of school council must clarify positions and tasks of school council members. If the application is rejected, the school’s governing body must provide explanation in writing.

2. Procedures for establishment of school council and appointment of chairperson in subsequent term of office

At least 3 month before the first term of office expires, the chairperson on duty shall follow procedures prescribed in Clause 1 hereof to apply for establishment of school council in the subsequent term of office.

3. A set of application for establishment of school council shall include:

a) An application form for establishment of post-secondary school council, which specifies procedures for selection of school council members;

b) Written documents stating appointment of representatives to participate in the school council as prescribed in Point a Clause 3 Article 11 of Law on Vocational Education;

c) Written documents stating appointment of representatives of the school's governing body or relevant business operators;

d) A list of brief resume or full resume of the chairperson and school council members;

dd) Meeting minutes, vote-counting record, votes of chairperson and secretary of school council.

4. Second-degree dismissal imposed on the chairperson and school council members

a) The chairperson and any of school council members shall be faced with second-degree dismissal if he/she falls into any of the following cases: He/she has submitted a letter of resignation from his post in the school council; he/she has limited legal capacity; his/her health is not good enough to take charge of the assigned tasks although he/she had to leave work for treatment for more than 6 months but the working capacity has not recovered; he/she has faced with a request for second-degree dismissal ratified by at least 50% of total number of school council members; he/she has committed serious violations that it is likely to lead to second-degree dismissal as prescribed in the Regulation;

b) The school council shall consider issuing a resolution on second -degree dismissal imposed on chairperson or school council member, and send a request to the school's governing body for decision.

A set of request for second -degree dismissal imposed on chairperson and school council members shall include: Supporting particulars for third-degree dismissal and relevant documentary evidence.

c) Within 15 working days from the date on which the satisfactory request is received, the school's governing body shall consider whether to impose the second -degree dismissal on the chairperson or school council member. If the request is rejected, the school’s governing body shall provide explanation in writing.

5. First-degree dismissal imposed on chairperson and school council members

a) The chairperson and any of school council members shall be faced with first-degree dismissal if he/she fall into any of the following cases: He/she has used illegal documents for the purpose of being appointed; he/she has failed to fulfill the assigned tasks in terms of administration without justifiable reasons resulting in occurrence of serious consequences; he/she has served suspended sentence or non-custodial sanctions; he/she has committed serious violations against law on corruption prevention and control, thrift practice, anti-dissipation, gender equality, anti prostitution and other regulations of law in respect of officials and public employees; he/she has committed serious violations that it is likely to lead to first-degree dismissal as prescribed in the Regulation;

b) The school council shall consider issuing a resolution on first-degree dismissal of chairperson or school council member, and send a request to the school's governing body for decision.

A set of request for first-degree dismissal of chairperson and school council members shall include: Supporting particulars for first-degree dismissal and relevant documentary evidence.

c) Within 15 working days from the date on which the satisfactory request is received, the school's governing body shall consider whether to impose the first-degree dismissal on the chairperson or school council member. If the request is rejected, the school’s governing body shall provide explanation in writing.

Article 12. board of directors

1. board of directors shall be established at private post-secondary schools which have at least capital contributors. The school council is a single organization which administers and represents the school’s ownership rights.

If a private school is invested by an individual, such individual (the owner of the school) shall be responsible for performing tasks and exercise entitlement as specified in clause 2 of this Article.

2. The board of directors shall have tasks and entitlement as prescribed in Clause 2 Article 12 of Law on Vocational Education and the following regulations:

a) Prepare program and materials for General Meeting of Shareholders; convene General Meeting of Shareholders on regular or ad-hoc basis as prescribed in the Regulation of school;

c) Ratify regulations on quantity, proportion, positions; employment, management, development of teachers, administrative officers, and workers;

c) Formulate and submit investment strategy, facilities development plan, and internal finance regulations to General Meeting of Shareholders for ratification;

d) Ratify development strategy and plan in terms of training, scientific research, international cooperation proposed by the principal;

dd) Resolve the formulation and amendments to the Regulation; ratify the Regulation after General Meeting of Shareholders has ratified financial regulations;

e) Elect principal and submit the election result to the President of People’s Committee of province where the school is headquartered (hereinafter referred to as province) for recognition; decide appointment, dismissal imposed on vice principals;

g) Make and submit annual performance report and financial statement to General Meeting of Shareholders and ratification;

h) Send annual or irregular reports and/or representation in terms of undertakings that have been carried out to the regulatory bodies and related parties upon their requests.

3. Operation of board of directors

a) board of directors shall be convened for regular meeting at least every 3 months. Any meeting on ad-hoc basis shall be decided by chairperson of the board of directors, with consent of at least 30% of total members of the board of directors;

b) The school council shall work on the principle of collectives and under the majority rule;

c) A meeting of board of directors shall be considered valid when it is attended by at least 70% of total number of members of the board of directors;

d) Invitation letters of board of directors meeting shall be enclosed with agenda, contents, and materials for the meeting and sent to members of the board of directors by registered mail or express mail bearing signatures of recipients at least 5 days before the date of meeting;

dd) A resolution of board of directors shall be ratified by votes at the meeting according the rule that each member of the board of directors shall be considered as a vote; the resolution shall be deemed valid if it is voted for by more than 50% of members of the board of directors. In the event of equal votes, the President of the board of directors shall have the casting vote.

Within 10 working days from the date on which the resolution of board of directors is ratified, it must be sent to members of the board of directors, Services of Labor, War Invalids and Social Affairs of province.

e) Within 90 days from the date on which the resolution of board of directors is ratified, capital contributors and members of the board of directors are entitled to propose competent authority to consider canceling the resolution of board of directors upon occurrence of any of the following cases:

The meeting of board of directors has not been held as prescribed in Points a, b, c, d and dd of this Clause.

The contents of resolution of board of directors have committed violations against law or Regulation of school.

g) The term of office of board of directors shall be 5 year. Chairperson of the board of directors is entitled to use organizational structure and seal of school to perform tasks of board of directors and sign documents, resolutions, and decisions of board of directors;

h) Authorize other persons to administer board of directors

When the chairperson of the board of directors cannot work in a certain period of time prescribed in the Regulation, he/she is obligated to authorize one of other members of the board of directors to assume his/her tasks during his/her period of absence. The written authorization shall be notified to members of the board of directors, Services of Labor, War Invalids and Social Affairs of province and announced publicly in the school. The period of authorization shall not last for greater than 6 months.

4. The number of members of board of directors is an odd number, including 1 chairperson, 1 secretary, and members. Composition of the board of directors is specified in Clause 3 Article 12 of Law on Vocational Education.

5. Number, composition of members of board of directors, procedures for appointment of members, election of chairperson and secretary shall be specified in the Regulation with consent of the principal.

6. The chairperson of board of directors shall be elected among members of board of directors under the majority rule and chosen by secret ballot; he will win when he/she is voted for by more than 50% of total number of members of board of directors.

The chairperson of board of directors shall have the following tasks and powers:

a) Act as account holder, and take legal responsibility for management of finance and assets of the school. Chairperson of board of directors may authorize the principal to act as a representative of account holder, exercise entitlement and fulfill obligations similarly to an account holder within the scope of authorization;

b) Formulate program and action plan for board of directors; prepare agenda, contents and materials for meetings of board of directors; convene and preside over meetings of board of directors; chair the ratification and take primary responsibility for resolutions of board of directors; oversee the establishment of resolutions of board of directors; and preside over General Meeting of Shareholders;

c) Administer board of directors to perform tasks and exercise entitlement as prescribed in Clause 2 of this Article;

d) Request the President of People’s Committee of province for decision on recognition of principal; decision on appointment, dismissal of vice principals;

dd) Rights and tasks as prescribed in the Regulation.

7. The secretary shall be recommended by the chairperson among members of board of directors and ratified by more than 50% of total number of members of board of directors. The secretary of board of directors shall directly assist the chairperson of board of directors to perform certain tasks and exercise certain entitlement as follows:

a) Make and submit final report on operation of the school to the chairperson; prepare meeting agenda, contents, material and send invitation letters, and play as secretary at meetings of the board of directors; formulate, complete, and store documents of the board of directors;

b) Prepare and submit reports and explanation to regulatory bodies, General Meeting of Shareholders and relevant agencies according to functions and tasks and the board of directors;

c) Perform other tasks assigned by the chairperson.

8. Members of board of directors shall perform tasks assigned by board of directors and other tasks as prescribed in the Regulation; and be entitled to receive allowances (if any) as prescribed in the Regulation.

Article 13. Procedures for establishment of board of directors

1. Procedures for establishment of board of directors in the first term of office

a) Determine number and composition of members of board of directors

Representative of organization or individual in the name of establishment of the school shall convene and preside over a meeting which is attended by: founding members, capital contributors for the purpose of determining number and composition of members of board of directors.

b) Request Service of Labor, War Invalids and Social Affairs of province or relevant business operators to appoint representatives to participate in the board of directors;

c) Party organizations, unions, teacher staff shall hold their meetings to elect representatives to participate in the board of directors;

d) Elect chairperson and secretary of board of directors;

dd) Establish board of directors of private post-secondary school

Legal representative of organization or individual in the name of establishment of the school shall prepare and send an application for establishment of organization or individual in the name of establishment of the school board of directors as prescribed in Clause 3 of this Article to Director of Service of Labor, War Invalids and Social Affairs of province.

Within 15 working days from the date on which the satisfactory application is received, Director of Service of Labor, War Invalids and Social Affairs shall consider issuing a decision on establishment of board of directors of the private post-secondary school. The decision on establishment of board of directors must clarify positions and tasks of members of board of directors. If the request is rejected, Director of Service of Labor, War Invalids and Social Affairs shall provide explanation in writing.

2. Procedures for establishment of board of directors in the subsequent term of office

At least 3 month before the first term of office expires, the chairperson on duty shall follow procedures prescribed in Clause 1 hereof to apply for establishment of board of directors in the subsequent term of office.

3. A set of application for establishment of board of directors shall include:

a) An application form for establishment of board of directors, which specifies procedures for selection of members of board of directors;

b) Written documents stating appointment of representatives to participate in board of directors by Service of Labor, War Invalids and Social Affairs of province or relevant business operators;

c) A list of brief resume or full resume of the chairperson and members of board of directors;

d) Meeting minutes, vote-counting record, votes of chairperson and secretary of board of directors.

4. Replacement of chairperson and members of board of directors

The replacement of chairperson and members of board of directors shall be considered and resolved by board of directors; the request for replacement shall be sent to Directors by Service of Labor, War Invalids and Social Affairs of province and specified in the Regulation.

Article 14. General Meeting of Shareholders

1. General Meeting of Shareholders include all capital contributors of private post-secondary school. If a post-secondary school has one single shareholder, General Meeting of Shareholders shall cease to exist.

2. General Meeting of Shareholders has the following rights and tasks:

a) Elect capital contributors to participate in board of directors; deal with requests for addition or change of members of board of directors being capital contributors; request board of directors to refuse certain representatives of capital contributors to participate in board of directors;

b) Ratify the school’s development orientations;

c) Ratify plan for development of facilities, training aids, teacher staff, teachers, administrative officers, and workers of the school proposed by board of directors;

d) Ratify annual financial statement, regulations in respect of financial matter specified in the Regulation;

dd) Ratify internal finance regulations of school (if any);

e) Ratify resolutions on increase and decrease in charter capital, plans for capital mobilization in any manner;

g) Exercise rights and perform tasks as prescribed in the Regulation.

3. General Meeting of Shareholders shall convene annually. Apart from the annual meeting, General Meeting of Shareholders may convene on ad-hoc basis. Expenses associated with convening and organizing of General Meeting of Shareholders shall be covered by the school’s operational funding.

The annual meeting of General Meeting of Shareholders shall be compulsorily convened once a year within the first 3 months of the fiscal year. An ad-hoc meeting of General Meeting of Shareholders shall be convened upon occurrence of any of the following cases:

a) Chairperson of the board of directors has issued a decision or at least 70% of total members of board of directors request to convene the meeting;

b) Certain capital contributors of board of directors will be added or replaced;

c) An individual or a group of members holding more than 30% of shares requests in writing to convene a meeting on grounds that board of directors has been found committing certain serious violations against rights of shareholders or issuing certain decisions ultra vires and in contrary to the Regulation, internal finance regulations of the school and relevant law provisions;

d) Term of office of board of directors has lasted for more than 3 months but no meeting has been convened to elect a new board of directors for replacement;

dd) Other cases as prescribed in the Regulation.

4. Organizing General Meeting of Shareholders

a) A meeting of General Meeting of Shareholders shall be considered valid when it is attended by at least 70% of total number of capital contributors;

b) If the first meeting of General Meeting of Shareholders fails to satisfy the requirements prescribed in Point a of this Clause, within 30 working days from the date of first meeting, General Meeting of Shareholders shall be convened secondly and the second meeting of General Meeting of Shareholders shall be considered valid when it is attended by at least 51% of total number of capital contributors; if the second meeting is still invalid, within 20 working days from the date of second meeting, General Meeting of Shareholders shall be convened regardless of number and rate of shares held by capital contributors attending the third meeting;

c) The meeting of General Meeting of Shareholders (on annual or ad-hoc basis) shall be convened in the form of written letters of invitation; letters of invitation which are enclosed with meeting agenda, contents and relevant materials shall be sent to all of capital contributors by registered mails or express mails, bearing signatures of recipients at least 5 days before the date of meeting;

d) The meeting of General Meeting of Shareholders (on annual or ad-hoc basis) shall be convened by chairperson of board of directors; if the chairperson of board of directors fails to convene a meeting according to the plan of board of directors or as prescribed in Clause 3 of this Article, after 30 working days from the date on which the scheduled date of meeting defined by board of directors or after 60 working days from the date on which a request for an ad-hoc meeting is received, capital contributors that request the meeting prescribed in Point c Clause 3 of this Article shall choose a member of board of directors to convene a meeting of General Meeting of Shareholders and such meeting shall be deemed valid.

5. Contents of meetings of General Meeting of Shareholders shall be recorded in meeting minutes and ratified at the meeting bearing signatures of presiding person and secretary for archives. Each decision of General Meeting of Shareholders shall be ratified in form of votes or ballot at the meeting and sent to each of capital contributors and members of board of directors within 15 working days from the date on which the decision is ratified.

6. The decision of General Meeting of Shareholders shall be ratified and considered valid if it is voted for by capital contributors holding at least 70% of shares held by all participating members, otherwise a higher rate is prescribed or specified in the Regulation of school.

7. Within 90 days from the date on which the decision of board of directors is ratified, capital contributors and members of the board of directors are entitled to propose competent authority to consider canceling the decision of General Meeting of Shareholders upon occurrence of any of the following cases: A meeting of General Meeting of Shareholders is convened not in accordance with this Article or contents of decision ratified by General Meeting of Shareholders is in violations of law or Regulation of school.

Article 15. Principal of post-secondary schools

1. Roles and position of principal of a post-secondary school

a) Principal of post-secondary school refers to the head of the post-secondary school who acts as a legal representative of school and takes responsibility for administration of the school operation.

b) Principal of post-secondary school shall administer the organizational structure of post-secondary school;

c) The principal’s term of office is 5 years;

d) Principal of public post-secondary school may be re-appointed for another 5-year term of office, but not exceeding 2 consecutive terms of office;

dd) Principal of public post-secondary school shall be account holder and take legal responsibility for financial matters of the school.

2. Principal of post-secondary school must have adequate standards as prescribed in Clause 2 Article 14 of Law on Vocational Education.

3. Principal of post-secondary school must have tasks and entitlement as prescribed in Clause 3 Article 14 of Law on Vocational Education and the following regulations:

a) Formulate strategies and plans for development of training, scientific research and international cooperation of school and submit them to school council in case of public post-secondary school or to board of directors in case of private post-secondary school for ratification;

b) Formulate regulations on number, proportion, positions, employment, management, and development of teachers, administrative officers, public employees and workers and send them to school council in case of public post-secondary school or to board of directors in case of private post-secondary school for ratification;

c) Employ and manage teachers, administrative officers, public employees and workers as prescribed by law;

d) Conduct annual evaluation and classification of teachers, administrative officers, public employees and workers;

dd) Consider reference of advisory board before making decision. If the principal disagrees with the reference of advisory board, he/she is entitled to make a decision at his own responsibility and report it to school council in case of public post-secondary school or to board of directors in case of private post-secondary school at the latest meeting of school council or the board of directors;

e) Adopt resolution of school council, board of directors; hold discussions with chairman of council or board of directors to reach a consensus on actions against a resolution that is in violation of regulations of law and affects ordinary course of the school as per the law. If they have any critical opinion, the principal shall report it to the school's governing body in case of the public post-secondary school or Service of Labor, War Invalids and Social Affairs of province in case of private post-secondary school;

g) Take care of working conditions, teaching and learning conditions of teachers, administrative officers, public employees, workers, and learners;

h) Direct the establishment of good pedagogic environment; ensure political security and safety and order or society in the school;

i) Conduct the implementation of democratic practice in the school; the implementation of policies of the State on teachers, administrative officers, public employees, workers and learners in the school;

k) Conduct self-inspection and self assessment of vocational training quality according to regulations. Comply with requests and decisions related to the results of the inspection/assessment of vocational training quality of competent agencies/organizations;

l) Decide measures for adoption of policies, tasks and entitlement of school prescribed in Article 8 of this Circular;

m) Make decisions on the rewards and disciplinary measures to be provided or imposed on teachers, administrative officers, public employees, workers and learners within competence;

n) Make decisions on establishment or dissolution of consultation commissions of the school;

o) Issue post-secondary diplomas, elementary certificates, training certificates to learners as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Article 16. Procedures for appointment of principals of public post-secondary schools

1. When a post-secondary school wishes to appoint a principal, it shall request the competent authority to approve for the appointment of principal.

2. Propose personnel holding position of principal

a) Internal personnel

According to the source of personnel specified in the planning or recommendation from the meeting of key personnel, the school council shall discuss, choose, and propose potential personnel to hold the principal position. The school council may recommend from 1 to 3 persons.

The principal and vice principal of post-secondary school shall hold a meeting of key personnel, including: Principal, vice principals, heads and vice heads of faculties and equivalent, group leaders, vice subject heads to discuss requirements and standards for appointment; inform the list of recommended candidates; summarize their education and working experience; make comments and evaluate their strength, weaknesses, expectation; and take vote of confidence. The meeting of key personnel shall be attended by representatives of the school's governing body (without right to vote).

The meeting of key personnel shall hold a ballot to choose potential candidates (vote of confidence using form in Appendix I enclosed with this Circular). The vote of confidence is used for reference only, other than basis for appointment. The meeting shall elect a counting group, composed of 3 persons other than people against whom vote of confidence is held. The counting group is composed of a chief and two members. The counting record shall bear adequate signatures of the chief and two members.

The principal and vice principal of post-secondary school shall hold a joint meeting, including: Secretary of Party organization in the school, principal, and vice principals to discuss and make a vote. A candidate for the principal must be voted for by more than 50% of total participants of the meeting.

b) External personnel

The school's governing body or the personnel managing body affiliated to the Ministry, ministerial agency, central body of socio-political organization, or People's Committee of province shall recommend personnel who satisfy standards for principal position.

The representative of personnel managing body affiliated to the school's governing body shall work with the executive committee of communist party and leaders of the agency/unit at which the candidate is working to find out and verify his/her curriculum vitae, and then discuss and reach a consensus on the need of appointment with such agency/unit.

According to the results of findings and verification, and comments of the agency/unit, the personnel managing body affiliated to the Ministry, ministerial agency, central body of socio-political organization, or People's Committee of province shall consult with the executive committee of communist party to reach a consensus on the appointment of principal of post-secondary school; and then hold a discussion, evaluation and make a vote.

The personnel managing body affiliated to the Ministry, ministerial agency, central body of socio-political organization, or People's Committee of province shall request the competent person to consider deciding the appointment.

c) First principal of post-secondary school

According to the standards for appointment of principal of post-secondary school prescribed in Clause 2 Article 14 of Law on Vocational Education, the school's governing body or personnel managing body affiliated to the Ministry, ministerial agency, central body of socio-political organization, or People's Committee of province shall choose a potential candidate and request the competent person prescribed in Clause 4 hereof to consider issuing a decision on appointment of such candidate.

3. Application for appointment of principal

A set of application for appointment of principal shall include:

a) An application form for appointment using the form in Appendix II issued herewith in case of internal personnel; or using the form in Appendix VI enclosed with this Circular in case of external personnel or appointment of the first principal of post-secondary school;

b) A resume of the candidate using form No. 2c-BNV/2008 issued together with Decision No. 02/2008/QD-BNV dated October 6, 2008 of the Minister of Home Affairs on promulgation of forms to be used for management of dossiers of officials and public employees; the resume must be certified by the candidate's employer;

c) Income and asset declaration using form in Appendix II issued together with Circular No. 08/2013/TT-TTCP dated October 31, 2013 of Government Inspectorate on guidelines for disclosure of assets and income;

d) Degrees, training certificates of candidate;

dd) Comments of the executive committee of communist party or local government in administrative division where the candidate has resided;

e) In case of internal personnel, apart from documents prescribed in Points a, b, c, d, and dd of this Clause, the following documents are also required:

Meeting minutes of the meeting of key personnel (using form in Appendix III enclosed herewith).

Meeting minutes of joint meeting (using form in Appendix IV enclosed herewith).

Written evaluation of candidate made by leadership of post-secondary school (using form in Appendix V issued herewith).

g) In case of external personnel or appointment of the first principal of post-secondary school, apart from documents prescribed in Points a, b, c, d, and dd of this Clause, a written evaluation made by the staff members at the candidate’s workplace (using form in Appendix VII issued herewith).

4. Decision on appointment of principal of post-secondary school

Within 20 working days, from the date on which the satisfactory application for appointment of principal sent by an affiliated public post-secondary school is received, Ministry, Head of ministerial-level agency, Head of Governmental agency, head of central authority of socio-political organization, President of People’s Committee of province shall consider whether to issue a decision on appointment of principal. If the application is rejected, it shall provide explanation in writing.

Article 17. Procedures for recognition of principals of private post-secondary schools

1. Propose personnel holding position of principal

The board of directors or owner of the school (individual) shall, according to the standards for principal prescribed in Clause 2 Article 14 of Law on Vocational Education, choose and propose a candidate to the competent person prescribed in Clause 3 of this Article for recognition.

2. A set of application for recognition of principal shall include:

a) An application form for recognition of principal made by board of directors or owner of the school (individual) (using form in Appendix VIII issued herewith);

b) Meeting minutes of board of directors in terms of request for recognition of principal (using form in Appendix IX issued herewith);

c) A resume of the candidate using form No. 2c-BNV/2008 issued together with Decision No. 02/2008/QD-BNV dated October 6, 2008 of the Minister of Home Affairs on promulgation of forms to be used for management of dossiers of officials and public employees; the resume must be certified by the People’s Committee of commune, ward and town where the candidate has resided;

d) Degrees, training certificates of candidate.

3. Decision on recognition of principal of private post-secondary school

Within 20 working days from the date on which the satisfactory application for recognition of principal of private post-secondary school is received, the President of People’s Committee of province where the school is headquartered shall consider whether to recognize the principal of private post-secondary school. If the application is rejected, it shall provide explanation in writing.

Article 18. Dismissal, withdrawal of recognition of post-secondary school principals

1. Principal of public post-secondary school shall be faced with second-degree dismissal upon occurrence of any of the following cases:

a) A written request for resignation is submitted by principal of public post-secondary school;

b) The principal has limited legal capacity;

c) The principal has been in poor health to undertake his/her assigned tasks and has left work to receive treatment for longer than 6 months but has not recovered his/her working capacity;

d) A written request for second-degree dismissal made be more than 70% of total number of teachers, administrative officers, public employees is submitted;

dd) The principal has committed serious violations against the Regulation that it is likely to lead to second-degree dismissal.

2. Principal of public post-secondary school shall be faced with first-degree dismissal upon occurrence of any of the following cases:

a) Illegal documents have been used for being appointed;

b) The principal has failed to fulfill administration tasks as assigned without justifiable reasons resulting in severe consequences;

c) The principal has served a suspended sentence or non-custodial sanction;

d) The principal has committed major violation against law on prevention and combating of corruption; thrift practice and anti-dissipation; gender equality; prevention and combating of prostitution and other relevant law provisions;

dd) The principal has committed serious violations against the Regulation that it is likely to lead to first-degree dismissal.

3. A set of request for dismissal of principal of public post-secondary school shall include:

a) Comments about principal of post-secondary school made by the school board and executive committee of communist party in school, clarifying reasons for request; a written self-assessment made by the principal;

b) A written request for dismissal of principal of public post-secondary school made by school board and executive committee of communist party;

c) Documents on the principal’s health, principal’s failure to fulfill tasks or principal’s violations against discipline of communist party and law, or any document justifying violations prescribed in Clause 1 and Clause 2 hereof.

4. Decision on dismissal of principal of public post-secondary school

Within 20 working days from the date on which the satisfactory request for dismissal of principal is received, the person competent to appoint the principal of post-secondary school prescribed in Clause 4 Article 16 hereof shall consider whether to issue a decision on dismissal of principal of public post-secondary school. If the request is rejected, the competent person shall provide explanation in writing.

5. Decision on non-recognition of principal of private post-secondary school

Board of directors shall consider whether to withdraw recognition of principal of private post-secondary school and send a request for withdrawal to the President of People’s Committee of province. The withdrawal of recognition shall be stipulated in the Regulation.

Article 19. Vice principals of post-secondary schools

1. Vice principal of post-secondary school refers to a person who assists the principal in administration of school operation.

2. Vice principal of post-secondary school must have good political credentials; have at least 3-year experience in teaching or managing vocational education; have obtained at least a bachelor's degree; have participated in training courses in vocational education management practices; have good health; reputation and managerial capability.

Standards for appointment or recognition of a vice principal in charge of training shall be similar to those applicable to the principal.

3. The vice principal of post-secondary school shall take charge of certain tasks as assigned by the principal; settle issues on behalf of the principal and subsequently be held accountable to the principal and take legal responsibility for settled issues; and report the principal his/her performance of assigned tasks.

4. The tenure of a vice principal shall be 5 years.

Article 20. Advisory board

1. Advisory board in post-secondary school shall be established by the principal so as to give advice to the principal on essential issues, in connection with initiation, performance of tasks and entitlement of the school. The advisory board shall be created on an ad-hoc and unpaid work basis.

2. The advisory board may be composed of internal and external members who have worked in branches of knowledge relating to the activities that need advice.

3. The establishment, organization, operation, tasks and entitlement of advisory board shall be decided by the principal and specified in the Regulation.

Article 21. Faculties and subject groups of school

1. Depending on training scope and specialities, the principal shall make decisions on establishment of faculties and subject groups of the school according to the organizational structure of the school that has been approved in the Regulation provided for in Article 9.

2. Faculties and subject groups of a school shall have the following tasks:

a) Manage teachers, administrative officers, public employees and learners of faculties and subject groups as assigned by the principal;

b) To conduct teaching and learning plans and other extra-curricular activities according to annual teaching plans of the school as prescribed by the Ministry of Labor, War Invalids and Social Affairs, including:

Prepare training curricula of each academic discipline/field of study according to every training level of faculties and subject groups or as assigned by the principal.

Compile detailed outlines of related subjects, modules, credits to avoid discrepancy and overlapping between them or between training levels.

Develop training curricula, prepare projects, compile training materials, course books in light of development orientations; develop training curricula, training materials and course books at intermediate and elementary level, and continuing training curricula as prescribed.

Study and innovate teaching and learning methods so as to improve the training quality.

Formulate and adopt methods of administering tests, examinations, evaluating learning performance, ensure the educational output according to commitment published and meet the need of labor market.

c) Plan and carry out science and technology activities, international cooperation; cooperation with science and technology organizations, business operators relating to academic discipline/field of study and mobilize the enterprises’ participation in the training process of faculties or subject groups;

d) Make plan for development of teacher staff; academic discipline/field of study and training aid and scientific research; facilitate the training quality assurance; carry out experimental, scientific research, application of engineering and technology to the training process;

dd) Make plans and educate teachers, administrative officers, public employees, workers, and learners in politics, ideology, and lifestyle; make plans and provide advanced training curricula for teachers and employees in faculties and subject groups;

e) Evaluate teachers, administrative officers, public employees and workers in faculties and subject groups and evaluate administrative officers in the school as stipulated by the school;

g) Manage and utilize effectively training facilities and equipment according to regulations prescribed by the Principal; to propose and formulate supplementary plans, maintain training equipment of faculties and subject groups;

h) To make and send reports according to regulations prescribed by the principal.

3. Dean of faculty/chief of subject, vice-dean of faculty/vice-chief of subject

a) Faculties and subject groups in the school shall be under the management of deans of faculty/chiefs of subject group and vice-deans of faculty/vice-chiefs of subject group. Dean of faculty/chief of subject, vice-dean of faculty/vice-chief of subject shall be appointed or dismissed by the principal as prescribed by law and specified in the Regulation;

b) The dean of faculty/chief of subject shall be responsible for managing and directing activities of his/her faculty according to the tasks specified in clause 2 of this Article and according to the assignment of the principal;

c) Dean of faculty/chief of subject must obtain at least a bachelor's degree in line with academic discipline/field of study of the faculty or subject group;

d) The vice-dean of faculty/vice-chief of subject shall assist dean of faculty or chief of subject to manage and administer operation in the faculty or subject group. Number of vice-deans of faculty/vice-chiefs of subject shall be decided depending on their assigned tasks and training scope of the faculty or subject group and specified in the Regulation;

dd) Dean of faculty/chief of subject, vice-dean of faculty/vice-chief of subject must satisfy standards applicable to teachers at intermediate level, have experience in training management, teaching, scientific research for at least 2 years and have managerial capability.

The age of dean of faculty/chief of subject, vice-dean of faculty/vice-chief of subject of public post-secondary school, upon his/her first term of office, shall not exceed 55 in case of male and 50 in case of female until the month in which the appointment has been made.

Article 22. Subject groups of faculty

1. The establishment of subject groups of a faculty shall be decided by the principal.

2. Organization and operation of subject groups of the faculty; appointment or dismissal of chief of subject or vice-chief of group shall be specified in the Regulation.

Article 23. Functional departments

1. Other functional departments shall be responsible for giving advices to the principal in the management, collection, proposal and conduct of main activities of the school namely: Training, administration, officials, general, international cooperation, management of learners, financial management, management of equipment and capital construction, inspection and quality assurance according to the functions and tasks assigned by the principal.

The principal shall decide establishment of functional departments according to organizational structure that has been approved in the Regulation.

2. Each functional department may have heads and vice-heads. Heads and vice-heads of departments shall be appointed or dismissed by the principal as prescribed by law and specified in the Regulation.

a) The head of department shall obtain at least a bachelor's degree. The head of department of training management must also have at least 2-year experience in management and teaching;

b) The vice-head of department is a person who assist the head of department in management and administration of the department’s operation according to his/her assigned tasks, the number of vice-heads of department shall be determined depending on their assigned tasks and training scope of the school and specified in the Regulation;

3. The head of department or vice-head of department shall serve 5-year term of office and may be reappointed. The age of head of department or vice-head of department of public post-secondary school, upon his/her first term of office, shall not exceed 55 in case of male and 50 in case of female until the month in which the appointment has been made.

Article 24. Science and technology research units; training-serving units; business operators

1. A post-secondary school is entitled to establish its affiliates to serve the training activities, namely: libraries, scientific research centers, Centers for application of technique and technology; workshops; tradition preservation rooms; clubs; recreation and sport centers; dormitories and refectories.

2. The post-secondary school is entitled to establish business operators, enabling learners and teachers of the school to practice to enhance their knowledge and professional skills. The establishment of business operators and the conduct of business activities of school shall conform to law provisions.

3. The units prescribed in Clause 1 and Clause 2 of this Article shall not have functions of training or educational association to issue degrees or certificates.

4. The establishment, dissolution, functions, tasks, and organizational structure of the units prescribed in Clause 1 and Clause 2 of this Article shall be decided by the principal as prescribed in applicable law and specified in the Regulation.

Article 25. Communist Party of Vietnam organizations, unions and social organizations

1. Communist Party of Vietnam organizations in post-secondary schools shall be operated according to Constitution and law provisions and regulations of Communist Party of Vietnam.

2. Unions and social organizations in post-secondary schools shall be operated according to provisions of Constitutions, laws and Charters of such organizations and shall be responsible to contributing in the fulfillment of vocation training target.

Chapter III

TRAINING ACTIVITIES

Section 1. TRAINING ACTIVITIES

Article 26. Academic discipline/field of study

1. Post-secondary schools may provide training in academic disciplines/fields of study at intermediate level or vocations at elementary level as prescribed in the Government's Decree No. 143/2016/ND-CP dated October 14, 2016 on investment conditions and operation in the sector of vocational education and continuing training curricula as prescribed in Points a, b, c, and d Clause 1 Article 40 of Law on Vocational Education at the request of labor market.

2. The training in academic disciplines/fields of study which have not been included in the list of academic disciplines/fields of study at intermediate level shall be provided as prescribed in Decree No. 143/2016/ND-CP dated October 14, 2016 on investment conditions and operation in the sector of vocational education.

Article 27. Program and course books

1. According to requirements pertaining to minimum body of knowledge and graduates’ competence and educational output of each training level; procedures for formulation, assessment, and issuance of training curriculum at intermediate level or elementary level as prescribed by the Ministry of Labor, War Invalids and Social Affairs, each post-secondary school shall compile or choose and approve training curriculum at intermediate level by each academic discipline/field of study; training curriculum at elementary level by each academic discipline/field of study, and continuing training curriculum for its school.

2. The post-secondary school shall make regular review, update of training curriculum and course books in conformity with engineering and technology in business.

3. The post-secondary school shall compile or choose course books; approve course books to be used as teaching and learning materials. Each course book must specialize requirements for knowledge and skills in each module, credit, subject in the training curriculum and facilitate the active teaching methods.

Article 28. Enrollment

1. Each post-secondary school shall autonomously determine enrollment targets, make annual enrolment plans on the basis of the demand for human resources directly engaging in business of different branches and local areas and the training capacity of the school as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

2. The post-secondary school is entitled to enroll and provide training at intermediate level or at elementary level only when it has obtained a certificate of registration for vocational training issued by Service of Labor, War Invalids and Social Affairs.

3. The post-secondary school shall provide and manage training as prescribed by the Ministry of Labor, War Invalids and Social Affairs; provide training in academic disciplines/fields of study at certified places and has obtained a certificate of registration for vocational training issued by Service of Labor, War Invalids and Social Affairs; provide teaching in line with objectives, training curriculum, training methods; enable learners to study, practice, and join as apprentices at enterprises according to contracts concluded with enterprises; evaluate the training progress and learners’ performance as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Article 29. Tests, exams and graduation assessment

Post-secondary schools shall evaluate the learners’ performance, practice, self-improvement and participation in social activities; administer learners’ tests, exams and graduation assessment as prescribed by the Minister of Labor, War Invalids and Social Affairs.

Article 30. Grant and management of post-secondary diplomas, elementary certificates, training certificates

Post-secondary schools shall manage and grant post-secondary diplomas, elementary certificates to learners who have graduate from certain vocational education levels or grant training certificate to learners who have completed continuing training curriculum (other than training curriculum for post-secondary diplomas and elementary certificates in the form of continuing training) as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Article 31. Vocational education quality assessment and training quality assurance

1. Post-secondary schools shall perform tasks and exercise rights in terms of education quality assessment as prescribed in Article 67 and Article 69 of Law on Vocational Education.

2. Post-secondary schools shall carry out vocational education quality assessment and ensure quality of training and training curricula at intermediate level and elementary level as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Section 2. INTERNATIONAL COOPERATION

Article 32. Duties and entitlement of post-secondary schools in international cooperation

1. Conduct forms of international cooperation in vocational education as prescribed in Article 47 of Law on Vocational Education.

2. Make and adopt short-term, mid-term, and long-term strategies, plans, programs of international cooperation in conformity with objectives of international cooperation prescribed in Article 46 of Law on Vocational Education and policies of the state on international integration in vocational education.

3. Manage and initiate effectively programs and projects of international cooperation within their competence.

4. Negotiate and sign cooperation agreements with foreign partners as prescribed in regulations of law.

5. Formulate database and information system in terms of international cooperation.

Article 33. Management of international cooperation

1. Assign tasks of international cooperation management to affiliates of school.

2. Formulate and issue regulations of international cooperation management of post-secondary schools in accordance with this Circular and relevant law provisions.

3. Initiate international cooperation activities in a practical and effective manner; inspect and evaluate international cooperation activities of the school.

4. Cooperate with relevant bodies in ensuring security, social safety and order in international cooperation activities.

Chapter IV

TEACHERS, ADMINISTRATIVE OFFICERS, PUBLIC EMPLOYEES, WORKERS AND LEARNERS IN POST-SECONDARY SCHOOLS

Section 1. TEACHERS, ADMINISTRATIVE OFFICERS, PUBLIC EMPLOYEES AND WORKERS

Article 34. Teachers in post-secondary schools

1. Educators in post-secondary schools shall be called teachers. Titles of teachers in post-secondary schools are prescribed in Article 53 of Law on Vocational Education.

2. Standards for professional knowledge and practices; modes of employment; standardized training program, advanced training program applicable to teachers in post-secondary schools are prescribed by the Ministry of Labor, War Invalids and Social Affairs.

3. Post-secondary schools shall employ, follow modes of employment, training, advanced training in professional knowledge and practices and other policies applicable to teachers are prescribed by the Ministry of Labor, War Invalids and Social Affairs and by law.

Article 35. Tasks and rights of teachers

A teacher of post-secondary school shall perform tasks and exercise rights as prescribed in Article 55 of Law on Vocational Education and the following regulations:

1. Teachers are obligated to comply with internal regulations of school.

2. Teachers are obligated to comply with modes of employment as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

3. Teachers are entitled to provide teaching in line with their area of specialization; have freedom of choice in teaching methods and aids to promote their own competence and improve training quality and effectiveness; be provided with equipment, facilities, working conditions to perform their tasks as prescribed by law; be provided with information about their assigned tasks and rights.

4. Teachers are entitled to receive wages, allowances, benefits, and other beneficial policies as per the law; in addition, teachers of public post-secondary schools working at severely disadvantaged areas shall receive allowances and incentives as per the law.

5. Teachers are entitled to acquire training, advanced training in professional knowledge and practices, teaching methods according to the plan and conditions of the school; participate in management and supervision of the school; participate in communist party, union, and social activities as per the law.

6. Teachers are entitled to have their honor and dignity protected; discuss and suggest matters in conjunction with teachers’ rights; have summer holidays, semester breaks, public holidays, weekly break and other days off as per the law.

7. Teachers are entitled to sign contracts to become visiting teachers in vocational training facilities or other educational institutions, provided that duties specified in Article 55 and Article 57 of Law on Vocational Education are satisfied.

8. Teachers are entitled to enjoy beneficial policies as prescribed in Article 58 of Law on Vocational Education and other rights as per the law.

9. Teachers who have participated in science and technology activities are entitled to rights as prescribed in the Law on Science and Technology; teachers who both have engaged in management in post-secondary schools and have taught are entitled to enjoy beneficial policies applicable to teachers as per the law and regulations of the school.

10. Teachers are entitled to manage learners; evaluate administrative officers, public employees, workers and fulfill duties to the community.

11. Teachers are obligated to receive the supervision of school managements about contents and quality of teaching methods and scientific research methods.

12. Teachers are obligated to fulfill other tasks assigned by school/faculty/subject managements.

Article 36. Tasks and right of teachers, administrative officers, public employees, workers

Administrative officers, public employees, workers who conduct the management and logistic works in post-secondary schools shall strictly implement duties and responsibilities that are assigned and shall be eligible for interests prescribed by law and the labor contracts.

Article 37. Employment and utilization of teachers, administrative officers, public employees and workers

1. Teachers, administrative officers, public employees and workers in public post-secondary schools shall be employed as prescribed in law on public employees and labor.

2. Teachers, administrative officers, public employees and workers in private post-secondary schools shall be employed as prescribed in law on labor.

3. Teachers shall be employed and utilized as the basis of their competence, professional ethics, working efficiency and in accordance with relevant law provisions.

Article 38. Evaluation and classification of teachers

1. Teachers shall be evaluated and classified as prescribed in the Government's Decree No. 56/2015/ND-CP dated June 9, 2015 on evaluation and classification of officials and civil servants and guidance of the Ministry of Labor, War Invalids and Social Affairs.

2. Evaluation and classification of teachers must objectively reflect teacher's proficiency, pedagogic skills, scientific research competence, and ethics and conduct.

Section 2. LEARNERS

Article 39. Learners in post-secondary schools

Learners in post-secondary schools are prescribed in Article 59 of Law on Vocational Education, including: Students of training curriculum at intermediate level and elementary level; learners of continuing training are prescribed in Points a, b, c, and d Clause 1 Article 40 of Law on Vocational Education.

Article 40. Duties and rights of learners

Learners shall have duties and exercise rights as prescribed in Article 60 of Law on Vocational Education and the following duties and rights:

1. Have polite and healthy lifestyle; to participate in the formulation, protection and development of schools’ tradition.

2. Pay service prices and fees as prescribed.

3. A learner who has received a scholarship or amount of fund for training allocated from state budget or financed by foreign entity according to an agreement entered into with Vietnam but failed to take up appointment made by the competent authority must reimburse the scholarship or amount of fund as per the law.

4. Participate in unions, student union and other social organizations as per the law.

5. Shorten or lengthen their curriculum, to repeat classes, and reserve his/her learning performance as per the law.

6. Obtain post-secondary diplomas, elementary certificates, training certificates equivalent to their training curricula and levels as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

7. Use facilities and equipment of schools for the learning, practicing and cultural and sport activities. Learners' occupational safety and hygiene in the course of study and practice shall be ensured as per the law.

8. Learners are entitled to, in person or through their legal representatives, make a request for solutions to contribute to the development of the school and protect their legitimate rights and interests; and participate in training quality evaluation;

9. Maintain and preserve the assets of the schools and of business operators where the practice occurs.

10. Comply with regulations on labor safety and labor hygiene.

Chapter V

FINANCE AND ASSETS OF POST-SECONDARY SCHOOLS

Article 41. Management and use of assets

Post-secondary schools shall comply with regulations on finance resources; service prices, enrollment fees; training facilities and equipment; management and use of finance and assets as prescribed in Articles 28, 29, 30, and 31 of Law on Vocational Education and the following regulations:

1. Public post-secondary schools shall manage and use according to law provisions land, houses, construction works, production and business operators, equipment, assets allocated by the state and assets purchased, built, given by the schools to ensure the provision of vocational training of the schools.

2. Private post-secondary schools shall manage and use according to law provisions land and assets allocated or leased out by the state and assets within the ownership of the investors to ensure the provision of vocational training of the schools.

3. Every member in the school must preserve and protect assets of the school;

4. Annually, the schools must make an inventory and conduct assessment and re-assessment of the value of the assets and make and submit reports according to law provisions. Comply with regulations on finance, accounting, auditing, taxes, release statistics and periodical reports; and make financial disclosure as per the law.

Article 42. Finance resources

1. Finance resources of a public post-secondary school shall be prescribed by the Government in terms of autonomy exercised by public non-business units, public non-business unit in the sector of vocational education.

2. Revenues of private post-secondary schools

a) Proceeds from training services as prescribed by the state;

b) Proceeds from training cooperation, science and technology, and business as prescribed by law;

c) Interests from joint-venture or association activities; bank and bond interests;

d) Fund from the state budget (if any);

dd) Other sources: funds, subsidies, gifts of Vietnamese and foreign organizations and individuals.

Article 43. Expenditures

1. Expenditures incurred by public post-secondary schools: shall be prescribed by the Government in terms of autonomy exercised by public non-business units, public non-business unit in the sector of vocational education.

2. Expenditures incurred by private post-secondary schools:

a) Recurrent expenditures: Spending on training activities according to assigned functions and tasks; spending on business of the schools including other amounts payable to state budget, fixed asset depreciation, payment of loan principals and interests according to law provisions;

b) Non-recurrent expenditures, including:

Spending on the fulfillment of vocational training tasks ordered by the State.

Spending as reciprocal capital for projects under regulations.

Spending on the conduct of irregular tasks assigned by competent authorities.

Spending as investment in the construction of facilities, the purchase of properties and equipment; spending on other investment projects according to regulations of the State.

Spending on joint-venture and association activities.

Other expenses as prescribed in law.

Article 44. Assignment of right to own stakes, disinvestment in private post-secondary schools

1. The assignment of right to own stakes of capital contributors in private post-secondary schools is prescribed in Regulation and internal finance regulations of the schools, in accordance with relevant law provisions and in conformity with the following principles of assignment:

a) The person who wishes to give assignment shall notify the board of directors of price and assignment requirements;

b) Board of directors shall notify the price and assignment requirements to remaining capital contributors and publish them to teachers, administrative officers, public employees and workers in the school with the same requirements (if any); the notice must remain valid for at least 45 days;

c) The assignment shall be given in the order of precedence as follows: to capital contributors according to their capital holding proportion; to teachers, administrative officers, and workers if capital contributors fail to buy stakes in full or only buy stakes partly; to other people who are not capital contributors and teachers, administrative officers, and workers if they fail to buy stakes in full or only buy stakes partly.

2. The disinvestment and assignment of right to own stakes shall comply with regulations of law, regulations of school and ensure the stability and development of private post-secondary schools.

3. If the school is subject to dissolution, its finance and assets shall be dealt with as prescribed by law.

Chapter VI

RELATIONSHIP BETWEEN SCHOOLS AND ENTERPRISES, FAMILIES AND SOCIETY

Article 45. Relationship between schools and enterprises

Post-secondary schools shall initiatively cooperate with enterprises in provision of training activities, including:

1. Formulating and implementing vocational training plans satisfying human resources directly engaging in business of the enterprises and labor resources.

2. Inviting representative of relevant enterprises to participate in the formulation of vocational training program and course books of the schools; participating in providing lecture and training, providing guidance on practice and conducting assessment of learners’ performance.

3. Cooperating with enterprises in enabling learners to visit and practice at the enterprises, associating theory with practical activities.

4. Cooperate with enterprises in enabling teachers to improve their pedagogic skills, associating vocational training with practical activities.

5. Cooperating with enterprises in providing vocational training, providing training and retraining to improve vocational knowledge and skill of employees of the enterprises when it is necessary.

6. Cooperating with enterprises in the conduct of researches, the production and the application and transfer of technology.

7. Inviting representatives of enterprises to act as school council members or members of board of directors.

8. Enterprises are enabled to participate in training activities of the school.

Article 46. Relationship between schools and families of learners

1. Each school shall publish objectives, training curricula; academic discipline/field of study as indicated in its certificate of registration for vocational education issued by Service of Labor, War Invalids and Social Affairs; educational output of each academic discipline/field of study according to each training level; issue post-secondary diplomas, elementary certificates, training certificates to learners; publish service prices and remission of service prices; results of vocational education quality assessment; system of diplomas and certificates; graduates’ jobs after graduation and measures for inspection and supervision of training quality; plan, targets, standards, regulations of enrollment in training and annual policies applicable to learners.

2. The schools shall initiatively cooperate with families of learners to carry out education works to develop comprehensively the dignity of learners.

Article 47. Relationship between schools and society

1. The schools shall cooperate with business operators, scientific, technical and technological research establishments and other training institutions to enable teachers and learners to visit and practice in production and technology application to associate the teaching and learning with the actual production.

2. The schools shall regularly cooperate with agencies of ministries and regulatory bodies and production and business operators in the determination of vocational training demand, associating vocational training with employment and labor market.

3. The schools shall cooperate with cultural, artistic and sport establishments to enable the learners to join in cultural, artistic and sport exchanges.

4. The schools shall cooperate with local governments, socio-political organizations, social organizations, socio-professional organizations to formulate a healthy education environment.

5. The society is enabled to evaluate the school’s training quality.

Chapter VII

IMPLEMENTATION

Article 48. Post-secondary schools shall:

1. Comply with this Circular.

2. Improve organizational structure, review activities, regulations on teachers, administrative officers, public employees, workers, and learners to comply with regulations in this Circular.

3. Amend, formulate, or promulgate the Regulation in accordance with this Circular.

4. Be accountable to regulatory bodies, learners and society as follows:

a) Report, publicize, and be accountable to regulatory bodies and related parties for objectives, training curricula; academic discipline/field of study as indicated in the its certificate of registration for vocational education issued by Service of Labor, War Invalids and Social Affairs; educational output of each academic discipline/field of study according to each training level; teaching and learning condition assurance; service prices and remission of service prices; results of vocational education quality assessment; system of diplomas and certificates; graduates’ jobs after graduation and measures for inspection and supervision of training quality;

b) Undertake to carry out activities and be accountable to regulatory agencies for those activities; prevent any individual or organization from misusing the school’s name and facilities to commit illegal acts against regulations of law and this Circular;

c) Enable learners, teachers, and society to evaluate the training quality; enable teachers to evaluate administrative officers; enable employers to evaluate the training quality;

d) Report and provide explanation upon requests for inspection of competent authorities.

Article 49. General Department of Vocational Training shall:

1. Provide guidelines for this Circular; release annual statistics and build database of post-secondary schools.

2. Inspect the implementation of this Circular, take actions against violations as per the law; cancel or propose to cancel regulations in contrary to this Circular.

Article 50. Governing body of post-secondary school shall:

1. Direct or cooperate with the Ministry of Labor, War Invalids and Social Affairs in directing the implementation of this Circular by affiliated public post-secondary schools.

2. Cooperate with the Ministry of Labor, War Invalids and Social Affairs in managing affiliated public post-secondary schools; resolve difficulties as per the law.

3. Inspect the implementation of this Circular within its competence and take actions against violations committed by affiliated public post-secondary schools as per the law.

Article 51. People's Committee of province shall:

1. Direct or cooperate with the Ministry of Labor, War Invalids and Social Affairs in directing the implementation of this Circular by affiliated public post-secondary schools.

2. Cooperate with the Ministry of Labor, War Invalids and Social Affairs in managing affiliated public post-secondary schools; resolve difficulties as per the law.

3. Inspect the implementation of this Circular within its competence and take actions against violations committed by affiliated public post-secondary schools and private post-secondary schools as per the law.

Article 52. Service of Labor, War Invalids and Social Affairs shall:

1. Provide guidelines for implementation of this Circular applicable to post-secondary schools in the province.

2. Send biannual and annual reports on implementation of this Circular by post-secondary schools in the province to General Department of Vocational Training.

3. Inspect the implementation of this Circular, take actions against violations as per the law; cancel or propose to cancel regulations in contrary to this Circular.

Chapter VIII

IMPLEMENTATION PROVISION

Article 53. Entry in force

1. This Circular comes into force as of February 15, 2017.

2. Decision No. 52/2008/QD-BLDTBXH dated May 5, 2008 of the Minister of Labor, War Invalids and Social Affairs on promulgation of model charter of trade schools shall be annulled.

3. Regulations on conditions, procedures, documents and power to appoint, recognize, re-appoint, re-recognize principals of post-secondary schools prescribed in Chapter III of Circular No. 42/2010/TT-BLDTBXH dated December 31, 2010 of the Minister of Labor, War Invalids and Social Affairs on appointment, reorganization, re-appointment, re-reorganization of principals of junior colleges, post-secondary schools and directors of vocational training centers shall expire from the effective date of this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.