Thông tư 23/2013/TT-BLDTBXH

CIRCULAR

GUIDING A NUMBER OF ARTICLES ON FOREIGN COOPERATION AND INVESTMENT IN VOCATIONAL TRAINING OF THE GOVERNMENT’S DECREE NO. 73/2012/ND-CP OF SEPTEMBER 26, 2012, ON FOREIGN COOPERATION AND INVESTMENT IN EDUCATION

Pursuant to the November 29, 2006 Law on Vocational Training;

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

Pursuant to the Government’s Decree No. 70/2009/ND-CP of August 21, 2009, on state management responsibility for vocational training;

Pursuant to the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education;

At the proposal of the General Director of Vocational Training;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding a number of articles on foreign cooperation and investment in vocational training of the Government’s Decree No. 73/2012/ND-CP of September 26, 2012, on foreign cooperation and investment in education (below referred to as Decree No. 73/2012/ND-CP).

Chapter I

GENERAL PROVISIONS

Article 1. State management of foreign-invested vocational training institutions

Foreign-invested vocational training institutions in Vietnam shall submit to the state management of vocational training by the Ministry of Labor, War Invalids and Social Affairs and concurrently to the territory-based management by provincial-level People’s Committees of the localities in which such institutions are based.

Article 2. Organization and operation regulations of foreign vocational training representative offices

The organization and operation regulation of a foreign vocational training representative office must have the following major contents:

1. Name of the representative office.

2. Objectives and scope of operation.

3. Duration and place of operation.

4. Functions and tasks.

5. Tasks and powers of the chief and other staff members of the representative office.

6. Relation with the organization or institution requesting the representative office’s establishment.

7. Inspection, examination, commendation, and handling of violations.

8. A foreign vocational training organization or institution shall elaborate and approve the organization and operation regulation for its foreign vocational training representative office established at its request before registering this representative office’s operation with a competent agency.

Article 3. Compulsory subjects for Vietnamese citizens studying foreign vocational training programs in vocational training institutions

1. Vietnamese citizens studying in foreign-invested vocational training institutions or vocational training institutions conducting joint training in foreign collegial- or intermediate-level programs shall study 6 general subjects, namely Politics, Law, Physical Education, National Defense and Security Education, Information Technology, and English (if these training programs are not taught in English) under regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Foreign-invested vocational training institutions and vocational training institutions conducting joint training in foreign collegial- or intermediate-level vocational programs shall teach and evaluate learning results of the general subjects specified in Clause 1 of this Article for Vietnamese citizens under regulations of the Ministry of Labor, War Invalids and Social Affairs.

Article 4. Occupations permitted for training cooperation and investment

1. Foreign organizations and individuals may cooperate and invest in training of the occupations on the list of grade-III codes belonging to 44 occupation groups provided in the Prime Minister’s Decision No. 38/2009/QD-TTg of March 9, 2009, promulgating the List of education and training of the national education system (the list of grade-III codes belonging to 44 occupation groups is provided in Appendix 1 to this Circular).

2. Occupations not permitted for training cooperation and investment are those not on the list provided in Clause 1 of this Article and those with contents which are detrimental to national defense and security, culture, environment, ethics and fine customs and practices of Vietnam.

Article 5. Registration of specimens of blank vocational training diplomas and certificates

1. Foreign-invested vocational training institutions and vocational training institutions conducting joint training with foreign vocational training institutions shall register specimens of blank vocational training diplomas and certificates with the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs in order to have their legal validity recognized nationwide. This registration is conducted as follows:

a/ For diplomas and certificates under the vocational training system of Vietnam, to comply with regulations of the Ministry of Labor, War Invalids and Social Affairs;

b/ For diplomas and certificates under foreign vocational training systems, the vocational training institution shall submit 1 set of dossier to the Vocational Training Directorate, which comprises:

- A notarized copy of the investment certificate;

- A notarized copy of the decision permitting the establishment of the vocational training institution;

- A notarized copy of the vocational training license;

- Three specimens of the official blank vocational training diploma or certificate for each trained occupation and each training level (each is translated into Vietnamese and notarized) which are certified by an agency or organization competent to accredit foreign education and vocational training quality recognized by the Ministry of Labor, War Invalids and Social Affairs.

Within 20 working days after receiving a valid dossier, the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs shall appraise and certify the specimen of the blank vocational training diploma or certificate of the vocational training institution.

2. After having the specimens of their blank vocational training diplomas or certificates certified by the Vocational Training Directorate, foreign-invested vocational training institutions and vocational training institutions conducting joint training with foreign vocational training institutions shall manage and grant vocational training diplomas and certificates according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

Article 6. Accreditation of vocational training quality

1. In the course of operation, a vocational training institution conducting joint training with a foreign vocational training institution or a foreign-invested vocational training institution in Vietnam shall:

a/ Take responsibility for its vocational training quality, conduct regular self-assessment and ensure and improve quality according to Vietnamese or foreign standards. Conduct self-assessment according to foreign regulations or conducting regular self-accreditation of quality under Clause 1, Article 4 of the Labor, War Invalids and Social Affairs Minister’s Circular No. 42/2011/TT-BLDTBXH of December 29, 2011, providing the vocational training quality accreditation process;

b/ For foreign-invested vocational training institutions, register vocational training quality accreditation within 3 years, for vocational colleges, or within 2 years, for intermediate vocational schools and vocational training centers, after obtaining the vocational training license;

c/ Training programs of foreign-invested vocational training institutions and programs under joint training with foreign vocational training institutions for the grant of foreign diplomas or certificates must be accredited before training is conducted in Vietnam;

d/ The cycle of vocational training quality accreditation complies with Clause 2, Article 4 of the Labor, War Invalids and Social Affairs Minister’s Circular No. 42/2011/TT-BLDTBXH of December 29, 2011, providing the vocational training quality accreditation process.

2. Agencies and organizations competent to accredit the quality of joint vocational training programs and foreign-invested vocational training institutions in Vietnam:

a/ The Vietnamese agency or organization competent to accredit the quality of joint vocational training programs and foreign-invested vocational training institutions in Vietnam is the Ministry of Labor, War Invalids and Social Affairs;

b/ Foreign agencies or organizations competent to accredit the quality of joint vocational training programs and foreign-invested vocational training institutions in Vietnam must be recognized by the Ministry of Labor, War Invalids and Social Affairs. The recognition process is as follows:

- The foreign vocational training quality accreditation organization shall submit 2 sets of dossier of request for recognition of an agency competent to accredit quality of joint vocational training programs or foreign-invested vocational training institutions in Vietnam (below referred to as dossier) to the Vocational Training Directorate. A dossier comprises a written request for recognition of a foreign vocational training quality accreditation organization competent to accredit quality of joint vocational training programs or foreign-invested vocational training institutions in Vietnam; a certified copy of the decision establishing or permitting the establishment of the foreign vocational training quality accreditation organization or an equivalent document; a certified copy of the paper proving the legal status of the foreign vocational training quality accreditation organization; and a summary of the operation history;

- Within 5 working days after receiving a dossier, the Vocational Training Directorate shall examine its validity. If the dossier is invalid, the Vocational Training Directorate shall notify such in writing to the foreign vocational training quality accreditation organization for completion of the dossier;

- Within 5 working days after receiving a valid dossier, the Vocational Training Directorate shall consider the dossier and propose the Minister of Labor, War Invalids and Social Affairs to recognize or not to recognize the foreign vocational training quality accreditation agency or organization competent to accredit the quality of joint vocational training programs and foreign-invested vocational training institutions in Vietnam and publish it on the website of the Ministry of Labor, War Invalids and Social Affairs.

3. The criteria, process and period of vocational training quality accreditation for joint vocational training programs and foreign-invested vocational training institutions in Vietnam are as follows:

a/ For accreditation of foreign-invested vocational training institutions in Vietnam, the criteria, process and period of vocational training quality accreditation comply with the Labor, War Invalids and Social Affairs Minister’s Decision No. 01/2008/QD-BLDTBXH of January 17, 2008, providing the system of criteria and standards on quality accreditation of intermediate vocational schools; Decision No. 02/2008/QD-BLDTBXH of January 17, 2008, providing the system of criteria and standards on quality accreditation of vocational colleges; Circular No. 19/2010/TT-BLDTBXH of July 7, 2010, providing the system of criteria and standards on quality accreditation of vocational training centers; and Circular No. 42/2011/TT-BLDTBXH of December 29, 2011, providing the vocational training quality accreditation process;

b/ For accreditation of joint vocational training programs and training programs of foreign-invested vocational training institutions, if diplomas are granted by foreign vocational training institutions, the criteria, process and period of quality accreditation of training programs comply with regulations of the countries in which those institutions are lawfully established and headquartered. If diplomas are granted by Vietnamese vocational training institutions, the criteria, process and period of quality accreditation of vocational training programs comply with Vietnamese law.

Chapter II

JOINT TRAINING

Article 7. Tests, exams, evaluation and recognition of graduation, grant of vocational training diplomas and certificates

1. Tests, exams, evaluation and recognition of completion of programs of subjects and modules, vocational training levels and recognition of graduation comply with Vietnamese law, for Vietnamese vocational training diplomas or certificates, or with foreign laws, for foreign vocational training diplomas or certificates, or with the laws applied by each party, for vocational training diplomas or certificates granted by both parties.

2. Diplomas and certificates of joint vocational training programs are provided as follows:

a/ Vocational training diplomas and certificates granted by a foreign vocational training institution must comply with the law of that country and be recognized by the Ministry of Labor, War Invalids and Social Affairs;

b/ Vocational training diplomas and certificates granted by a Vietnamese vocational training institution must comply with Vietnamese law;

c/ Vocational training diplomas and certificates granted by vocational training institutions conducting joint training must comply with Points a and b, Clause 2 of this Article.

Article 8. Joint vocational training programs

1. A joint vocational training program is a program having obtained a quality accreditation certificate or a vocational training institution’s program whose quality is accredited by a competent agency.

2. Such a program must show the name of the occupation to be trained in; training level or its equivalence to the training level in the Vietnamese vocational training system; training objectives; training time and allocation of training time; list of subjects and modules; detailed training programs of subjects and modules; conditions for the program implementation. The vocational training program must specify the times for theory and practice of which the practice time must account for at least 60% of the total actual learning time.

Article 9. Enrollees

Enrollees to joint vocational training programs for the grant of diplomas or certificates must satisfy the following conditions:

1. For the grant of diplomas and certificates of Vietnamese vocational training institutions, to comply with Vietnamese law on vocational training enrollment for basic, intermediate and collegial vocational training.

2. For the grant of diplomas and certificates of foreign vocational training institutions, to comply with these institutions’ admission conditions for each training level. These conditions must correspond to the admission conditions of foreign vocational training institutions provided in the host countries and be accepted by the Ministry of Labor, War Invalids and Social Affairs.

3. For the grant of diplomas and certificates by both Vietnamese and foreign vocational training institutions, to comply with Clauses 1 and 2 of this Article.

Article 10. Standards on vocational teachers and lecturers

1. For joint training under foreign vocational training programs, standards on teachers and lecturers must comply with regulations of the countries of those programs.

2. For joint training under vocational training programs developed by both parties, standards on teachers and lecturers must comply with Clause 1, Article 10 of Decree No. 73/2012/ND-CP.

3. When engaged in joint vocational training programs in Vietnam, foreign teachers and lecturers must meet requirements on foreign workers in Vietnam under Vietnamese law.

Article 11. Order and procedures for receiving and appraising joint vocational training plans

1. For joint vocational training plans of collegial level

a/ The joint training dossier complies with Article 14 of Decree No. 73/2012/ND-CP The written request for approval of the plan on joint vocational training with foreign parties signed by the parties must be made according to the form provided in Appendix 2 to this Circular (not translated);

b/ To submit 6 sets of joint vocational training dossier (including 1 original set) to the Vocational Training Directorate;

c/ Within 5 working days after receiving a dossier, the Vocational Training Directorate shall examine the validity of the dossier. If the dossier is invalid, the Vocational Training Directorate shall issue a written reply for the parties to complete the dossier;

d/ Within 10 working days after receiving a valid dossier, the Vocational Training Directorate shall appraise the joint vocational training plan and propose the Minister of Labor, War Invalids and Social Affairs to consider and decide on the approval of the plan.

In case the joint vocational training plan is not approved, within 5 working days, the Vocational Training Directorate shall issue a written reply clearly stating the reason to the organization requesting joint training.

dd/ Within 5 working days after receiving a proposal and an appraisal report of the General Director of Vocational Training, the Minister of Labor, War Invalids and Social Affairs shall issue a decision approving the joint vocational training plan of collegial level;

e/ Within 2 working days after approving the joint vocational training plan, the Vocational Training Directorate shall send a copy of the approval decision to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the vocational college or its branch implements the joint vocational training plan, for locality-based management.

2. For joint vocational training plans of intermediate level

a/ The joint training dossier complies with Article 14 of Decree No. 73/2012/ND-CP The written request for approval of a plan on joint vocational training with foreign parties signed by the parties must be made according to the form provided in Appendix 2 to this Decree;

b/ To submit 6 sets of joint vocational training dossier (including 1 original set) to the provincial-level Labor, War Invalids and Social Affairs Department;

c/ Within 5 working days after receiving a dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall examine the validity of the dossier. If the dossier is invalid, the provincial-level Labor, War Invalids and Social Affairs Department shall issue a written reply to the parties for completion of the dossier;

d/ Within 10 working days after receiving a valid dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall appraise the joint vocational training plan;

dd/ Within 5 working days after having the appraisal result, the provincial-level Labor, War Invalids and Social Affairs Department director shall issue a decision approving the joint vocational training plan of intermediate level.

In case the plan is not approved, it shall issue a written reply clearly stating the reason;

e/ Within 2 working days after issuing a decision approving the joint vocational training plan of intermediate level, the provincial-level Labor, War Invalids and Social Affairs Department shall send a copy of that decision to the Vocational Training Directorate for monitoring and management.

Chapter III

FOREIGN-INVESTED VOCATIONAL TRAINING INSTITUTIONS

Article 12. Organization and operation regulations of foreign-invested vocational training institutions

1. The organization and operation regulation of a foreign-invested vocational training institution must have the following major contents:

a/ Name of the vocational training institution;

b/ Tasks and powers of the vocational training institution;

c/ Vocational training activities;

d/ Tasks and powers of vocational teachers, lecturers and administrators;

dd/ Tasks and rights of vocational trainees;

e/ Organizational structure and personnel of the vocational training institution;

g/ Finance, physical foundations and equipment of the vocational training institution;

h/ Relation between the vocational training institution and enterprises, families and the society;

i/ Inspection, examination, commendation, and handling of violations.

2. Approval of the organization and operation regulation

A foreign-invested vocational training institution shall elaborate and approve its organization and operation regulation before registering vocational training activities with a competent agency.

Article 13. Organizational structure of foreign-invested vocational training institutions

1. For vocational colleges and intermediate vocational schools

a/ Managing board (rectors and deputy rectors);

b/ Training division, other professional divisions, faculties and attached subject groups;

c/ Classes of learners and students;

d/ Vocational training assisting sections.

2. For vocational training centers

a/ Director, deputy directors;

b/ Professional divisions or sections of training, organization, administration, accounting and equipment management;

c/ Classes of learners.

Article 14. Administrators, teachers and lecturers of foreign-invested vocational training institutions

1. The rector or director of a foreign-invested vocational training institution represents the institution before law and shall manage vocational training activities of the school or center in accordance with Vietnamese law. A person nominated to be a rector or director must satisfy the following criteria and conditions:

a/ Having a clear personal record;

b/ Holding a master or higher degree, for rectors of vocational colleges, a university degree, for rectors of intermediate vocational schools; or a collegial degree, for directors of vocational training centers, in a discipline relevant to the training tasks of the school or center; having been trained in school or center management;

c/ Having at least 5 years’ experience in teaching or managing vocational training;

d/ Not being a civil servant or public employee.

2. Competence to recognize rectors and directors

a/ The Minister of Labor, War Invalids and Social Affairs may recognize rectors of foreign-invested vocational colleges at the proposal of organizations or persons requesting the establishment of those colleges;

b/ Provincial-level People’s Committee chairpersons may recognize rectors of foreign-invested intermediate vocational schools and directors of foreign-invested vocational centers in their provinces at the proposal of organizations or persons requesting the establishment of those schools or centers.

3. When managing or teaching at foreign-invested vocational training institutions in Vietnam, foreign administrators, teachers and lecturers must satisfy requirements on foreign workers in Vietnam in accordance with Vietnamese law.

Article 15. Order, procedures and competence to license vocational training institutions

1. For vocational colleges

a/ The dossier of request for establishment of a vocational college must comply with Clause 1, Article 37 of Decree No. 73/2012/ND-CP The written request for establishment of a vocational college must be made according to the form provided in Appendix 3 to this Circular (not translated);

b/ To submit 6 sets of dossier of request for school establishment (including 1 original set) to the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs;

c/ Within 5 working days after receiving a valid dossier of request for establishment of a school, the Vocational Training Directorate shall examine its validity under regulations.

In case such a dossier is invalid, within 5 working days after receiving the dossier, the Vocational Training Directorate shall issue a written reply clearly stating the reason to the organization or person requesting the school establishment.

d/ Within 5 working days after receiving a valid dossier of request for the school establishment, the Vocational Training Directorate shall send it to the Ministry of Public Security and the provincial-level People’s Committee of the locality in which the school will be based for opinion;

dd/ Within 30 working days after receiving a valid dossier, the Vocational Training Directorate shall make and submit an appraisal report to the Minister of Labor, War Invalids and Social Affairs for consideration and decision.

For an invalid dossier, within 5 working days, the Vocational Training Directorate shall issue a written reply clearly stating the reason to the organization or person requesting the school establishment.

e/ Within 10 working days after receiving the General Director of Vocational Training’s proposal and appraisal report on establishment of a foreign-invested vocational college, the Minister of Labor, War Invalids and Social Affairs shall issue a decision permitting the establishment of that college.

2. For intermediate vocational schools and vocational training centers

a/ The dossier of request for establishment of an intermediate vocational school or a vocational training center must comply with Clause 1, Article 37 of Decree No. 73/2012/ND-CP The written request for establishment of an intermediate vocational school or a vocational training center must be made according to the form provided in Appendix 3a to this Circular (not translated);

b/ To submit 6 sets of dossier of request for the school or center establishment (including 1 original set) to the provincial-level Labor, War Invalids and Social Affairs Department;

c/ Within 5 working days after receiving a valid dossier of request for the school or center establishment, the provincial-level Labor, War Invalids and Social Affairs Department shall examine the validity of the dossier under regulations.

Within 5 working days after receiving an invalid dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall issue a written reply clearly stating the reason to the organization or person requesting the school or center establishment.

d/ Within 5 working days after receiving a valid dossier of request for the school or center establishment, the provincial-level Labor, War Invalid and Social Affairs Department shall send the dossier to the provincial-level police office for opinion;

dd/ Within 30 working days after receiving a valid dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall make and submit an appraisal report to the provincial-level People’s Committee chairperson for consideration and decision;

e/ Within 10 working days after receiving a proposal and an appraisal report on establishment of an intermediate vocational school or vocational training center of the provincial-level Labor, War Invalids and Social Affairs Department director, the provincial-level People’s Committee chairperson shall issue a decision permitting the establishment of the school or center.

In case the dossier is rejected, within 5 working days after receiving the opinion of the provincial-level People’s Committee chairperson, the provincial-level Labor, War Invalids and Social Affairs Department shall issue a written reply clearly stating the reason to the organization or person requesting the school or center establishment.

g/ Within 5 working days after signing a decision permitting the establishment of a foreign-invested intermediate vocational school or vocational training center, the competent person specified at Point dd of this Article shall send this decision to the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs for monitoring and management.

3. Foreign-invested vocational training institutions and their branches having obtained an investment certificate cum business registration certificate and a vocational training license before the effective date of Decree No. 73/2012/ND-CP are not subject to consideration and approval of establishment conditions under Clause 1, Article 36 of Decree No. 73/2012/ND-CP but shall supplement and complete their dossiers within 6 months after the effective date of Decree No. 73/2012/ND-CP in order to obtain a decision permitting the establishment of a vocational training institution or branch of a vocational training institution, specifically:

a/ A written request for establishment of a vocational training institution, made according to the form provided in Appendix 3b to this Circular (not translated);

b/ A certified copy of the investment certificate cum business registration certificate and modified investment certificate (if any);

c/ The valid vocational training license;

d/ A report on the investment project implementation;

dd/ A report on vocational training results in the last three years;

e/ The investor shall make and submit 3 sets of dossier (including 1 original set) to the Vocational Training Directorate, for dossiers of request for establishment of foreign-invested vocational colleges and their branches; or to the provincial-level Labor, War Invalids and Social Affairs Department of the locality where the school or center will be headquartered, for foreign-invested intermediate vocational schools and vocational training centers and their branches;

g/ Within 15 working days after receiving a valid dossier, the Vocational Training Directorate shall make and submit an appraisal report to the Minister of Labor, War Invalids and Social Affairs for consideration and decision on the establishment of a foreign-invested vocational college or its branch; the provincial-level Labor, War Invalids and Social Affairs Department shall make and submit an appraisal report to the chairperson of the provincial-level People’s Committee for consideration and decision on the establishment of a foreign-invested intermediate vocational school or vocational training center or its branch;

h/ Within 2 years after the effective date of Decree No. 73/2012/ND-CP foreign-invested vocational training institutions having obtained a decision permitting their establishment must satisfy the conditions on investment capital and investment ratio; physical foundations and equipment; vocational training administrators, teachers and lecturers specified in Articles 28, 29, 30 and 31 of Decree No. 73/2012/ND-CP; if not, they will have their vocational training activities terminated.

Article 16. Order and procedures for receiving and appraising dossiers and licensing vocational training activities

1. For vocational colleges and their branches

a/ The vocational training registration dossier must comply with Article 47 of Decree No. 73/2012/ND-CP comprising:

- The written registration of vocational training activities, made according to the form provided in Appendix 4 to this Circular (not translated);

- The registration report on vocational training activities with justifications that the vocational college or its branch has satisfied the conditions specified in Articles 28, 29, 30 and 31 of Decree No. 73/2012/ND-CP (made according to Appendix 4a to this Circular) - (not translated).

b/ To submit 6 sets of vocational training registration dossier (including 1 original set) to the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs;

c/ Within 20 working days after receiving a valid dossier, the Vocational Training Directorate shall conduct field inspection of the conditions for ensuring vocational training under regulations. If the case is ineligible for submission to the Minister of Labor, War Invalids and Social Affairs for licensing vocational training activities, it shall issue a written reply clearly stating the reason;

d/ Within 7 working days after conducting field inspection, the Vocational Training Directorate shall make and submit an inspection report to the Minister of Labor, War Invalids and Social Affairs for consideration and grant of a vocational training license to the vocational college or its branch (made according to the form provided in Appendix 5 to this Circular) (not translated);

dd/ Within 2 working days after granting a vocational training license, the Vocational Training Directorate shall send a copy of this license to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the vocational college or its branch organizes vocational training activities for locality-based management.

2. For intermediate vocational schools and vocational training centers

a/ The vocational training registration dossier must comply with Article 47 of Decree No. 73/2012/ND-CP comprising:

- The written registration of vocational training activities, made according to the form provided in Appendix 4 to this Circular;

- The registration report on vocational training activities with justifications that the intermediate vocational school or vocational training center or its branch has satisfied the conditions specified in Articles 28, 29, 30 and 31 of Decree No. 73/2012/ND-CP (made according to the form provided in Appendix 4a to this Circular).

b/ To submit 6 sets of vocational training registration dossier (including 1 original set) to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the intermediate vocational school or vocational training center or its branch operates;

c/ Within 15 working days after receiving a valid dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall conduct field inspection of the conditions for ensuring vocational training. If the case is ineligible for obtaining a vocational training license, it shall issue a written reply clearly stating the reason;

d/ Within 5 working days after conducting field inspection, the provincial-level Labor, War Invalids and Social Affairs Department director shall consider and grant of a vocational training license to the intermediate vocational school or vocational training center or its branch (made according to the form provided in Appendix 5a to this Circular) - (not translated);

dd/ Within 2 working days after granting a vocational training license, the provincial-level Labor, War Invalids and Social Affairs Department shall send a copy of this license to the Vocational Training Directorate for overall management.

Article 17. Competence to license vocational training activities

1. The Minister of Labor, War Invalids and Social Affairs may grant vocational training licenses to vocational colleges and their branches.

2. Provincial-level Labor, War Invalids and Social Affairs Department directors may grant vocational training licenses to intermediate vocational schools, vocational training centers and their branches which organize vocational training activities.

Article 18. Registration of supplementation and adjustment of vocational training activities

A foreign-invested vocational training institution having obtained a vocational training license shall register supplementation or adjustment of vocational training activities in the following cases:

1. It increases the enrollment scale for each occupation of the collegial level; or increases 10%, for the intermediate level, or 20%, for the basic level, of the enrollment scale stated in its vocational training license.

2. It adds trained occupations.

3. It adds or changes training levels or adjusts the enrollment scales of training levels or of occupations in the same group.

4. It is divided, separated or merged or there is a change in its investment license related to contents of its vocational training license.

5. It relocates its head office or branch where vocational training activities are directly organized.

6. It establishes a new branch engaged in vocational training activities.

Article 19. Registration dossiers of supplementation or adjustment of vocational training activities

1. A registration dossier of supplementation or adjustment of vocational training activities specified in Clause 1, 2, 3 or 4, Article 18 of this Circular comprises:

a/ A written registration of supplementation or adjustment of vocational training activities (made according to the form provided in Appendix 4b to this Circular);

b/ A registration report on supplementation or adjustment of vocational training activities with justifications that the vocational training institution or its branch has satisfied the conditions specified in Articles 28, 29, 30 and 31 of Decree No. 73/2012/ND-CP (made according to the form provided in Appendix 4c to this Circular) - (not translated).

2. Registration dossiers of supplementation or adjustment of vocational training activities in the cases specified in Clauses 5 and 6, Article 18 of this Circular:

a/ For vocational colleges and their branches, the dossier complies with Clause 1 of this Article;

b/ For intermediate vocational schools and vocational training centers: If additional vocational training activities are conducted in the same province or centrally run city where the head office is based, the dossier complies with Clause 1 of this Article; if additional vocational training activities are conducted in a province or centrally run city other than that where the head office is based, in addition to the documents specified in Clause 1 of this Article, the dossier must contain:

- A certified copy of the decision permitting the establishment of the vocational training institution or its branch or a competent agency’s document on relocation of the head office/branch of the vocational training institution;

- The organization and operation regulation of the vocational training institution or its branch;

- A report on the investment project implementation, capital contribution, loan borrowing and total disbursed investment capital;

- A list of leaders of the branch and the organizational structure and apparatus of the branch, for establishment of a branch of the vocational training institution;

- The training regulation;

- Regulations on examination, evaluation and recognition of completion of programs of subjects, modules and training levels (if the training program does not provide such);

- Specimens of diplomas or certificates to be used.

Article 20. Order, procedures and competence to grant supplemented or modified vocational training licenses

1. Order and procedures applicable to vocational colleges

The order and procedures for registration of supplementation or adjustment of vocational training activities comply with Clause 1, Article 16 of this Circular.

2. Order and procedures applicable to intermediate vocational schools and vocational training centers

a/ For the cases specified in Clauses 1, 2, 3 and 4, Article 18 of this Circular, the order and procedures provided in Clause 2, Article 16 of this Circular apply;

b/ For the cases specified in Clauses 5 and 6, Article 18 of this Circular, the order and procedures for granting supplemented vocational training licenses are as follows:

- For establishment of a new branch or relocation of the head office or a branch of an intermediate vocational school or vocational training center to a place in the same province or centrally run city, the order and procedures for granting a supplemented vocational training license comply with Clause 2, Article 16 of this Circular;

- For establishment of a new branch or relocation of the head office or a branch of an intermediate vocational school or vocational training center to a province or centrally run city other than that where the head office is based, the intermediate vocational school or vocational training center shall send a written notice to the state agency having granted its vocational training license and submit a registration dossier of supplementation of vocational training activities to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the branch is based under Clause 2, Article 16 of this Circular.

3. The competence to grant supplemented vocational training licenses complies with Article 17 of this Circular.

4. The supplemented or modified vocational training license must be made according to the form provided in Appendix 5b or 5c to this Circular (not translated).

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 21. Responsibilities of the Vocational Training Directorate

1. To guide and organize professional training and retraining activities and enhance the capacity of state management of foreign cooperation and investment in vocational training for provincial-level Labor, War Invalids and Social Affairs Departments.

2. To inspect and examine the implementation of joint training; to license the establishment, division, split, merger, consolidation and dissolution of foreign-invested vocational training institutions and their branches; foreign vocational training representative offices in Vietnam; to license vocational training activities in accordance with law.

Article 22. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments

1. Biannually and annually, to review and report to the Vocational Training Directorate of the Ministry of Labor, War Invalids and Social Affairs on joint training activities; to license the establishment, division, split, merger, consolidation and dissolution and training activities of intermediate vocational schools, vocational training centers and branches of foreign-invested vocational training institutions in their localities.

2. To inspect and examine joint training activities; to license the establishment, division, split, merger, consolidation and dissolution of foreign-invested vocational training institutions and their branches in Vietnam; and to license vocational training activities in their localities in accordance with law.

Article 23. Effect

1. This Circular takes effect on December 2, 2013.

2. To annul provisions on the grant of vocational training registration certificates to foreign-invested vocational colleges, intermediate vocational schools and vocational training centers of the Labor, War Invalids and Social Affairs Minister’s Circular No. 29/2011/TT-BLDTBXH of October 24, 2011, on registration of vocational training activities.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for study, modification and supplementation.-

APPENDIX 1

OCCUPATIONS PERMITTED FOR TRAINING COOPERATION AND INVESTMENT
(To the Labor, War Invalids and Social Affairs Minister’s Circular No. 23/2013/TT-BLDTBXH of October 16, 2013)

1. Occupation group of fine arts, including wood sculptural techniques.

2. Occupation group of applied arts, including art brass casting and lamination; stone carving and engraving; gem fashioning; goldsmithery; lacquer and pearl incrusting techniques; wood product processing and designing; interior decoration.

3. Occupation group of information and librianship, including librianship.

4. Occupation group of clerical-archival-museum work, including clerical administration; archives.

5. Occupation group of business, including ocean shipping business administration; river way transport business administration; road transport business administration; railway transport business administration; equipment and supplies business administration.

6. Occupation group of finance-banking-insurance, including corporate finance.

7. Occupation group of accounting-audit, including corporate accounting.

8. Occupation group of governance-administration, including land administration; urban traffic administration; urban center administration.

9. Occupation group of applied biology, including bio-technology.

10. Occupation group of earth science, including aviation meteorology observation.

11. Occupation group of statistics, including corporate statistics.

12. Occupation group of computer, including computer fixing and assembly techniques.

13. Occupation group of information technology, including office information technology; applied telecommunications information technology; data processing; computer programming; database administration; computer network administration; e-commerce; graphic designing; web designing; computer-aided drawing and designing; information technology (software application).

14. Occupation group of architectural and construction work techniques and technology, including construction techniques; water supply and drainage; construction and maintenance of railway transport works; mine building techniques; road bridge construction; airport repair and maintenance; construction and improvement of irrigation works; waterway works construction; drilling rig installation; bridge installation.

15. Occupation group of mechanical techniques and technology, including blacksmithing; molding; welding; metal cutting; cold manufacturing; mechanical equipment manufacture; ship hull manufacture technology; ship building and launching mold processing; technological tube processing; steel structure processing; repair and maintenance of mechanical equipment systems.

16. Occupation group of electric, electronic and telecommunications techniques and technology, including consumer electricity; industrial electricity; consumer electronics; industrial electronics; electric system; hydropower plant operation; aviation communication equipment techniques.

17. Occupation group of chemical, material, metallurgic and environmental technologies, including pig-iron refining technology; steel refining technology; nonferrous metallurgic technology; thermal treatment technology; metal casting technology; metal rolling technology; waste treatment in shipbuilding; waste treatment in steel manufacture.

18. Occupation group of production technology, including production of inorganic substances; production of fertilizers; production of detergent products; production of pesticides; production of paint; production of cement; rubber-based product manufacture technology.

19. Occupation group of industrial administration, including quality inspection of food and foodstuff; quality inspection of cane sugar; quality inspection of pulp and paper; testing and inspection of road bridge quality.

20. Occupation group of oil and gas and exploitation technology, including testing of petrochemical products; oil and gas sampling and chemical testing; operation of oil and gas exploitation equipment; operation of oil and gas processing equipment.

21. Occupation group of printing techniques and technology, including printing technology.

22. Occupation group of geological, geophysical and geodetic techniques and technology, including work survey; terrain survey; geological survey.

23. Occupation group of mining techniques and technology, including mine drilling and explosion; operation of coal sorting equipment; pit mine exploitation techniques; tunnel drilling and digging; mining drilling.

24. Occupation group of food, foodstuff and beverage processing, including vegetable oil processing; foodstuff processing; aquatic product processing and preservation; confectionery production; liquor and beer production; beverage production.

25. Occupation group of production and processing of textile, fabric, footwear and leather, including weaving technology; garments nd fashion designing; leather tanning; leather and footwear production.

26. Occupation group of agriculture, including plantation of food crops; plantation of industrial plants; plantation of fruit trees; plant protection; breeding of cattle and poultry.

27. Occupation group of forestry, including silviculture; gardening and ornamental trees; ornamental creatures.

28. Occupation group of aquatic products, including freshwater aquaculture; brackish water and seawater aquaculture; exploitation and catch of marine resources.

29. Occupation group of veterinary services, including veterinary services.

30. Occupation group of veterinary drug production, including veterinary drug production.

31. Occupation group of traditional medicine, including traditional medicine nursing.

32. Occupation group of health services, including medical testing techniques; physical therapy and functional rehabilitation techniques.

33. Occupation group of pharmacy, including pharmaceutical techniques; drug testing techniques.

34. Occupation group of nursing and midwifery, including midwifery; nursing.

35. Occupation group of orthodontics and stomatology, including prosthodontics.

36. Occupation group of social services, including family care services.

37. Occupation group of tourist services, including tour guide; travel administration; MICE tourism administration.

38. Occupation group of hotel and restaurant, including hotel administration; restaurant services; resort administration.

39. Occupation group of cosmetic services, including beauty care.

40. Occupation group of transport operation, including operation of inland waterway vehicles; operation of seagoing ships; mastership of inland waterway vehicles; commercial aviation services; operation of trains; railway signal information; operation of ship engines; air traffic control.

41. Occupation group of post services, including post and telecommunications business and operation.

42. Occupation group of environmental control and protection, including marine environment protection; tackling of oil spills at sea.

43. Occupation group of occupational safety and industrial sanitation services, including labor protection and working environment protection.

44. Occupation group of diving, including construction diving; survey diving; salvage diving; tour guide diving.-