Thông tư 24/2011/TT-BLDTBXH

CIRCULAR

PRESCRIBING THE ESTABLISHMENT, AUTHORIZATION FOR ESTABLISING, DIVIDING, SEPARATING, MERGING AND DISSOLVING VOCATIONAL COLLEGES, VOCATIONAL INTERMEDIATE SCHOOLS AND VOCATIONAL TRAINING CENTERS

MINISTER OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on vocational training of November 29, 2006;

Pursuant to the Government's Decree No. 186/2007/ND-CP of December 25, 2007 defining the functions, tasks and powers and the organizational structure of Ministry of Labour, War Invalids and Social Affairs;

Pursuant to the Government's Decree No. 70/2009/ND-CP prescribing the State management responsibilities for vocational training;

Pursuant to the Government’s Resolution No. 48/NQ-CP of December 09, 2010 on simplifying the administrative procedures under the management scope of the Ministry of Labour, War Invalids and Social Affairs;

Ministry of Labour, War Invalids and Social Affairs prescribes the establishment, authorization for establishing, dividing, separating, merging and dissolving vocational colleges, vocational intermediate schools and vocational training centers as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Circular prescribes the conditions, procedures and authority to establish and authorize the establishment, division, separation, merger, and dissolution of public and private vocational colleges, vocational intermediate schools and vocational training centers (hereinafter referred to as vocational training facilities)

This Circular is not applicable to foreign-capitalized vocational training facilities.

Article 2. Principles of the establishment and authorization for establishing, dividing, separating and merging

1. The establishment and authorization for establishing, dividing, separating and merging vocational training facilities must comply with the development planning of vocational training facility network and the demands for the development of technical human resources directly participating in the production and service provision from the labour market

2. Organizations, individuals of all economic sectors and ownership forms being eligible as prescribed in this Circular are entitled to request competent agencies and organizations prescribed in clause 3 Article 5; point dd clause 1 and point dd clause 2 Article 8; point e clause 1 and point f clause 2 Article 11 of this Circular to issue decisions on establishing, authorizing the establishment, division, separation and merger of vocational training facilities.

Chapter 2.

CONDITIONS, PROCEDURES AND AUTHORITY TO ESTABLISH AND AUTHORIZE THE ESTABLISHMENT, DIVISION, SEPARATION, MERGER, AND DISSOLUTION OF VOCATIONAL COLLEGES, VOCATIONAL INTERMEDIATE SCHOOLS AND VOCATIONAL TRAINING CENTERS

SECTION I. CONDITIONS, PROCEDURES AND AUTHORITY TO ESTABLISH AND AUTHORIZE THE ESTABLISHMENT, DIVISION, SEPARATION, MERGER, AND DISSOLUTION OF VOCATIONAL COLLEGES

Article 3. Conditions for establishing and authorizing the establishment of vocational colleges or other campus/branches belonging to the vocational college

1. Vocational colleges shall be established upon having the scheme satisfying the following conditions:

1.1. The establishment must be consistent with the planning of vocational training facility network nationwide in every period, and the planning and plan of developing the vocational college network of Ministries, ministerial-level agencies, Governmental agencies (hereinafter referred to as Ministries), Central agencies of Socio-political organizations, People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial-level People’s Committees).

1.2. The minimum number of vocations being trained in the college is 03. The minimum training scale is 200 students for private vocational colleges and 700 students for public vocational colleges.

1.3. The workforce of lecturers, teachers and officers must be sufficient in quantity, synchronous in mechanism and satisfying the standards of quality, standardized level and vocational skills as prescribed in the Circular No. 30/2010/TT-BLDTBXH of September 29, 2010 promulgated by Minister of Labour, War Invalids and Social Affairs, prescribing the standards of vocational training lecturers and teachers. In particular:

a) The ratio of students to lecturers/teachers is 20 students/lecturer, teacher.

b) At least 15% of the college vocational lecturers must possess the Master Degree;

c) The minimum percentage of standing lecturers/teachers is 70% for public vocational colleges, 50% for private vocational colleges. The presentation of standing lecturers/teachers in every vocation must be guaranteed.

1.4. Facilities and equipment for vocational training

a) The facilities must be consistent with the training scale and level of each vocation and must be designed and constructed under the Vietnam’s construction standard TCXD VN 60: 2003 “Vocational training school – Design standards” promulgated together with the Decision No. 21/2003/QD-BXD of July 28, 2003 by the Minister of Construction. In particular:

- The minimum land area being used is 20,000 m² regarding urban areas and 40,000 m² regarding non-urban areas;

- Theoretics and practice classrooms must satisfy the training scale as prescribed. The minimum area of theoretics classroom is 1.5 m²/student, the minimum area of practice classroom is 4 – 6 m²/student;

- The practice workshop must satisfy the practice requirements under the college vocational training program;

- The laboratories/experimental classrooms and specialized classrooms must satisfy the requirements for training, studying and researching under the college vocational training program;

- The library must provide adequate seats satisfying the requirements for the research of officers, lecturers and teachers, and for the study of students;

- Having sufficient area serving the students’, lecturers' and teachers’ physical training under the design standards;

- Having medic rooms with equipment that satisfies the minimum requirements for heath care of the students, lecturers and teachers.

b) Vocational training equipment.

Having adequate theoretics and practice vocational training equipment consistent with the training scale, level and vocations as prescribed.

1.5. Financial resources

Having sufficient financial resources ensuring the investment and operation of vocational colleges. The minimum capital source to establish a vocational college is 30 billion VND, contributed by legal capital sources, excluding land values.

2. The establishment and authorization for establishing other campus/branches belonging to the school must satisfy the following conditions:

- The establishment and authorization for establishing other campus/branches belonging to the school must satisfy the following conditions for vocational training facilities, equipment, lecturers, teachers, vocational management officers and other conditions for vocational training under the planned training scale of the branches/ other campus.

- The establishment of other campus/branches in other provinces must obtain the written agreement on establishing other campus/branches issued by the President of the provincial-level People’s Committee where the other campus/branches are planned to be established.

Article 4. Dossier on establishing vocational colleges or other campus/branches belonging to the school

1. One (01) vocational college establishment dossier includes:

1.1. The written request for the college establishment by Ministries, Central agencies of Socio-political organizations, provincial-level People’s Committees regarding public vocational colleges (under the form 1a promulgated together with this Circular); the written request by social organizations, socio-professional organizations, economic organizations and individuals regarding private vocational colleges (under the form 1b promulgated together with this Circular).

1.2. 09 copies of the vocational colleges establishment scheme specifying the necessity of the establishment, the training objectives, the organizational mechanism and the necessary conditions for the school operation, the plan and implementation progress of the scheme and the socio-economic efficiency (under the form No. 2 promulgated together with this Circular).

1.3. The School regulation draft.

1.4. The authenticated copy of the Certificate of land use rights, house ownership and other property attached to land, or written agreement by the provincial-level People’s Committees on the land allocation to build the school, in which specifying the areas, landmarks and address of the land lot where the school is built.

1.5. For vocational colleges affiliated to Ministries, Central agencies of socio-political organizations, private vocational colleges, it is required to obtain the written agreement of President of the provincial-level People’s Committee on the school establishment in central-affiliated cities and provinces where the school is situated.

1.6. For private vocational colleges, the dossier shall need the following additional documents:

a) The written verification of the commercial bank (where organizations, individuals requesting the vocational college establishment opened accounts) on the deposit balance of organizations, individuals requesting the vocational college establishment and on the commitment to use such amount only for the school establishment and the expenses on its regular operations after being established.

Other documents proving the ownership of assets being contributions from individuals requesting the school establishment (if any).

b) For private vocational colleges with two contributors or more, the dossier shall need the following additional documents:

- The power of attorney by contributors;

- The member list of the Board of founders;

- The list and forms of contributions of shareholders committed to contribute to the school establishment;

- The list and contribution records of shareholders committed to contribute;

- The estimate of the chairperson of the School directorate.

2. The dossier on establishing other campus/branches belonging to vocational colleges shall be made as prescribed in clause 1 Article 4 of this Circular.

Article 5. Procedures for establishing and authorizing the establishment of vocational colleges

1. Receiving the dossier on establishing and authorizing the school establishment

a) Agencies, organizations and individuals requesting the school establishment or the authorization of the school establishment shall make dossiers as prescribed in Article 4 of this Circular and send to the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs;

b) The General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs shall receive and evaluate the dossier on the establishment or authorizing the establishment of vocational colleges before sending to the Evaluation council of dossiers on establishing vocational colleges (hereinafter referred to as Evaluation council).

In case the dossier on the establishment or authorizing the school establishment is not valid, the Director of the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs shall send written response specifying the reasons to the organizations, individuals that request the establishment or the authorization of the establishment of the school within 05 working days as from the date of receiving the dossier.

c) Within 05 working days as from fully receiving the valid dossiers, the General Department of Vocational Training shall send the school establishment dossier to the Evaluation council in order to carry out the evaluation.

2. Evaluating the school establishment dossier

a) The Evaluation council shall carry out the evaluation of the vocational college establishment dossier;

b) The Minister of Labour, War Invalids and Social Affairs shall issue decisions on establishing Evaluation councils and promulgating the Regulation on the organization and operation of Evaluation councils.

The leading representative from the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs shall be the President of the Evaluation council, representatives from the Ministry of Internal Affairs, the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Education and Training and representatives from a number of Departments belonging to the Ministry of Labour, War Invalids and Social Affairs shall be the members

c) Within 15 working days as from the date of receiving the vocational college establishment dossier sent by the General Department of Vocational Training, the Evaluation council shall carry out the evaluation of the vocational college establishment dossier;

d) Basing on the evaluation results of the Evaluation council, agencies, organizations and individuals requesting the school establishment shall complete the school establishment dossier and send to the General department of vocational training.

In case the Evaluation council concludes that the vocational college establishment dossier is not qualified, the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs shall send written response specifying the reasons to the organizations and individuals requesting the school establishment.

3. Time limits, authority to establish and authorize the establishment of schools or other campus/branches belonging to the school:

Within 05 working day after receiving the written statement on the establishment, the authorization for establishing vocational colleges, other campus/branches belonging to the school from the Director of the General Department of vocational training, the Minister of Labour, War Invalids and Social Affairs shall issue decisions on establishing schools, other campus/branches belonging to the public vocational colleges, or on authorizing the establishment of schools, other campus/branches belonging to the private vocational colleges.

SECTION II. CONDITIONS, PROCEDURES AND AUTHORITY TO ESTABLISH AND AUTHORIZE THE ESTABLISHMENT OF VOCATIONAL INTERMEDIATE SCHOOLS

Article 6. Conditions, procedures for establishing and authorizing the establishment of vocational intermediate schools or other campus/branches belonging to the school

1. Vocational intermediate schools shall be established upon having the scheme that satisfy the following conditions:

1.1. The establishment is consistent with the national vocational training facility network in each period, with the development planning and plans for vocational intermediate schools network of Ministries, Central agencies of socio-political organizations and provincial-level People’s Committees.

1.2. The minimum number of intermediate training vocations is 3. The minimum training scale is 100 students for private vocational intermediate schools and 500 students for public vocational intermediate schools.

1.3. The workforce of teachers and managing officers must be sufficient in quantity, synchronous in mechanism, satisfying the standards of quality, standardized level and vocational skills as prescribed in the Circular No. 30/2010/TT-BLDTBXH of September 29, 2010 promulgated by Minister of Labour, War Invalids and Social Affairs, prescribing the standards of vocational training lecturers and teachers. In particular:

a) The maximum ratio of students to teachers is 20 students/teacher;

b) The minimum percentage of standing lecturers/teachers is 70% for public vocational intermediate schools, 50% for private vocational intermediate schools. The presentation of standing lecturers/teachers in every vocation must be guaranteed.

1.4. Vocational training facilities and equipment

a) The facilities must be consistent with the training scale and level of each vocation, and must be designed and constructed under the Vietnam’s construction standard TCXD VN 60: 2003 “Vocational training school – Design standards” promulgated together with the Decision No. 21/2003/QD-BXD of July 28, 2003 of the Minister of Construction. In particular:

- The minimum land area being used is 10,000 m² regarding urban areas and 30,000 m² regarding non-urban areas;

- Theoretics and practice classrooms must satisfy the training scale as prescribed. The minimum area of theoretics classroom is 1.5 m²/student, the minimum area of practice classroom is 4 – 6 m²/student;

- The practice workshop must satisfy the practice requirements under the intermediate vocational training program;

- Specialized classrooms must satisfy the requirements for teaching and studying under the intermediate vocational training program;

- The library must provide adequate seats satisfying the requirements for the research of officers, lecturers and teachers, and for the study of students;

- Having sufficient area serving the students’, lecturers’ and teachers’ physical training under the design standards;

- Having medic rooms with equipment that satisfies the minimum requirements for heath care of the students, lecturers and teachers.

b) Vocational training equipment.

Having adequate theoretics and practice vocational equipment consistent with the training scale, level and vocations as prescribed.

1.5. Financial resources

Having sufficient financial resources ensuring the investment and operation of vocational intermediate schools. The minimum capital source to establish a vocational intermediate school is 15 billion VND, contributed by legal capital sources, excluding land values.

2. The establishment of other campus/branches belonging to the vocational intermediate school shall be implemented similarly to the establishment of other campus/branches belonging to the vocational college prescribed in clause 2 Article 3 of this Circular.

Article 7. Dossier on establishing vocational intermediate schools or other campus/branches belonging to the school

1. One (01) vocational intermediate school establishment dossier includes:

1.1. The written request for the school establishment by line managing agencies regarding public vocational intermediate schools (under the form 3a promulgated together with this Circular); the written request by social organizations, socio-professional organizations, economic organizations and individuals regarding private vocational intermediate schools (under the form 3b promulgated together with this Circular).

1.2. 07 copies of the vocational intermediate schools establishment scheme specifying the necessity of the establishment, the training objectives, the organizational mechanism and the conditions for the school operation, the plan and implementation progress of the scheme and the socio-economic efficiency (under the form No. 4 promulgated together with this Circular).

1.3. The School regulation draft.

1.4. The authenticated copy of the Certificate of land use rights, house ownership and other property attached to land, or written agreement by the provincial-level People’s Committees on the land allocation to build the school, in which specifying the areas, landmarks and address of the land lot where the school is built.

1.5. For vocational intermediate schools affiliated to Ministries, Central agencies of socio-political organizations, private vocational colleges, it is required to obtain the written agreement of President of the provincial-level People’s Committee on the school establishment in central-affiliated cities and provinces where the school is situated.

1.6. For private vocational intermediate schools, the dossier shall need the following additional documents:

a) The written verification of the commercial bank (where organizations, individuals requesting the vocational intermediate school establishment opened accounts) on the deposit balance of organizations, individuals requesting the vocational intermediate school establishment, and on the commitment to use such amount only for the school establishment and the expenses on its regular operations after being established.

Other documents proving the ownership of assets being contributions from individuals requesting the school establishment (if any).

b) For private vocational colleges with two contributors or more, the dossier shall need the following additional documents:

- The power of attorney;

- The list and forms of contributions of shareholders committed to contribute to the school establishment;

- The member list of the Board of founders;

- The list and contribution records of shareholders committed to contribute;

- The estimate of the chairperson of the School directorate.

2. The dossier on establishing other campus/branches belonging to vocational intermediate schools shall be made as prescribed in clause 1 Article 7 of this Circular.

Article 8. Procedures for establishing and authorizing the establishment of vocational intermediate schools

1. For vocational intermediate schools affiliated to Ministries and Central agencies of socio-political organizations:

a) The agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall receive and evaluate the affiliated vocational intermediate school establishment dossier before sending to the Evaluation council.

In case the school establishment dossier is not valid, the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall send written response specifying the reasons to the organizations, individuals that request the school establishment within 05 working days.

b) Within 05 working days after fully receiving the valid dossiers, the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall send the school establishment dossier to the Evaluation council in order to carry out the evaluation.

c) Ministers, Heads of Central agencies of socio-political organizations shall issue decisions on the establishment and promulgating the Regulation on the organization and operation of Evaluation councils.

d) Within 15 working days as from the date of receiving the school establishment dossiers sent by the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations, the Evaluation council shall carry out the evaluation of the vocational intermediate school establishment dossiers;

dd) Basing on the evaluation results of the Evaluation council, agencies, organizations and individuals requesting the school establishment shall complete the school establishment dossier and send to the agency assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations in order to submit to the Ministers and the Heads of Central agencies of socio-political organizations for decisions.

In case the Evaluation council concludes that the school establishment dossier is not qualified, the agency assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall send written response specifying the reasons to the organizations and individuals requesting the school establishment.

e) Time limits, authority to establish and authorize the establishment of schools or other campus/branches belonging to the school:

Within 05 working day after receiving the written statement on the establishment of schools or other campus/branches belonging to the school from the Head of The agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations, Ministers, Heads of Central agencies of socio-political organizations shall issue decisions on establishing schools or other campus/branches belonging to the affiliated vocational intermediate schools.

2. For public vocational intermediate schools belonging to central-affiliated cities and provinces, and private vocational intermediate schools in central-affiliated cities and provinces :

a) Agencies, organizations and individuals requesting the school establishment or the authorization for the school establishment shall make dossiers prescribed in Article 7 of this Circular and send to the Service of Labor, War Invalids and Social Affairs ;

b) The Service of Labor, War Invalids and Social Affairs shall receive and evaluate the dossiers on establishing public vocational intermediate schools belonging to central-affiliated cities and provinces and local private vocational intermediate schools.

In case the dossier on establishing and authorizing the school establishment is not valid, the Service of Labor, War Invalids and Social Affairs shall send written response specifying the reasons to the agencies, organizations, individuals that request the school establishment within 05 working days as from the date of receiving the dossier.

c) Within 05 working days as from fully receiving the valid dossiers, the Service of Labor, War Invalids and Social Affairs shall send the school establishment dossier to the Evaluation council in order to carry out the evaluation.

d) Evaluating the school establishment dossier

- Presidents of the provincial-level People’s Committees shall issue decisions on the establishment and promulgating the Regulation on the organization and operation of Evaluation councils.

The leading representative from the Service of Labor, War Invalids and Social Affairs shall be the President of the Evaluation council, leading representatives from the Services and provincial agencies: the Service of Internal Affairs, the Service of Finance, the Service of Planning and Investment, the Service of Education and Training… shall be the members.

- Within 15 working days as from the date of receiving the school establishment dossier sent by the Service of Labor, War Invalids and Social Affairs, the Evaluation council shall carry out the evaluation of the vocational intermediate school establishment dossier;

In case the Evaluation council concludes that the school establishment dossier is not qualified, the Service of Labor, War Invalids and Social Affairs shall send written response specifying the reasons to the agencies, organizations and individuals requesting the school establishment.

- Basing on the evaluation results of the Evaluation council, agencies, organizations and individuals requesting the school establishment shall complete the school establishment dossier and send to the Service of Labor, War Invalids and Social Affairs.

dd) Time limits, authority to establish and authorize the establishment of the school or other campus/branches belonging to the school:

Within 05 working day after receiving the written statement on the establishment of schools or other campus/branches belonging to the school from the Director of the Service of Labor, War Invalids and Social Affairs , the President of the provincial-level People’s Committee shall issue the decision on establishing the school or other campus/branches belonging to provincial public vocational intermediate schools, or on authorizing the establishment of the school or other campus/branches belonging to local private vocational intermediate schools.

3. Within 05 working days as from the date of signing the decision on establishing, authorizing the establishment of school, other campus/branches belonging to the school, the competent person prescribed in point e clause 1 and point dd clause 2 Article 8 of this Circular shall be responsible to send the decision on establishing or authorizing the establishment of the school or other campus/branches belonging to the school to the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs in order to monitor and manage.

SECTION III. CONDITIONS, PROCEDURES AND AUTHORITY TO ESTABLISH AND AUTHORIZE THE ESTABLISHMENT OF VOCATIONAL TRAINING CENTERS

Article 9. Conditions, procedures and authority to establish and authorize the establishment of vocational training centers or other campus/branches belonging to the center

1. Vocational training centers shall be established upon having the scheme that satisfy the following conditions:

1.1. The establishment is consistent with the national vocational training facility network in each period, with the development planning and plans vocational training center network of Ministries, Central agencies of socio-political organizations and provincial-level People’s Committees.

The minimum training scale is 50 students for private vocational training centers and 150 students for public vocational training centers.

1.3. The workforce of teachers and managing officers must be sufficient in quantity, synchronous in mechanism, satisfying the standards of quality, standardized level and vocational skills as prescribed in the Circular No. 30/2010/TT-BLDTBXH of September 29, 2010 promulgated by Minister of Labour, War Invalids and Social Affairs, prescribing the standards of vocational lecturers and teachers. In particular:

a) The maximum ratio of students to teachers is 20 students/teacher;

b) The presentation of standing lecturers/teachers in every vocation must be guaranteed.

1.4. Vocational training facilities and equipment

a) The facilities must be consistent with the training scale and level of each vocation and must be designed and constructed under the Vietnam’s construction standard TCXD VN 60: 2003 “Vocational training school – Design standards” promulgated together with the Decision No. 21/2003/QD-BXD of July 28, 2003 of the Minister of Construction. In particular:

- The minimum land area being used is 1,000 m² regarding urban areas and 2,000 m² regarding non-urban areas;

- Theoretics classrooms must satisfy the training scale as prescribed. The minimum area of theoretics classroom is 1.3 m²/student;

- The practice workshop must satisfy the practice requirements under the primary vocational training program. The minimum area of practice classroom is 2.5 m²/student;

b) Vocational training equipment:

Having adequate theoretics and practice teaching equipment consistent with the vocations, training level and scale as prescribed.

1.5. Financial resources

Having sufficient financial resources ensuring the investment and operation vocational training centers. The minimum capital source to establish a vocational training center is 02 (two) billion VND, contributed by legal capital sources, excluding land values.

2. The establishment of other campus/branches belonging to the vocational training center shall be implemented similarly to the establishment of other campus/branches belonging to the vocational college prescribed in clause 2 Article 3 of this Circular.

Article 10. Dossier on establishing vocational intermediate schools and other campus/branches belonging to the center

1. One (01) vocational training center establishment dossier includes:

1.1. The written request for the school establishment by the line managing agencies regarding public vocational training centers (under the form 5a promulgated together with this Circular); the written request by social organizations, socio-professional organizations, economic organizations and individuals regarding private vocational training centers (under the form 5b promulgated together with this Circular).

1.2. 07 copies of the vocational training center establishment scheme specifying the necessity of the center establishment, the training objectives, the organizational mechanism and the necessary conditions for the center operation, the plan and implementation progress of the scheme and the socio-economic efficiency (under the form No. 6 promulgated together with this Circular).

1.3. The estimated quantity of teachers that ensure the consistency with the scale and level for each vocation being trained in the center.

1.4. The draft Regulation on the center organization and operation.

1.5. The authenticated copy of the Certificate of land use rights, house ownership and other property attached to land, or written agreement by the provincial-level People’s Committees on the land allocation to build the center, in which specifying the areas, landmarks and address of the land lot where the center is built.

1.6. For vocational training centers affiliated to Ministries, Central agencies of socio-political organizations, private vocational colleges, it is required to obtain the written agreement of President of the provincial-level People’s Committee on the school establishment in central-affiliated cities and provinces where the center is situated.

1.7. For private vocational training centers, the dossier shall need the following additional documents:

a) The written verification of the commercial bank (where organizations, individuals requesting the vocational training center establishment opened accounts) on the deposit balance of organizations, individuals requesting the center establishment, and on the commitment to use such amount only for the center establishment and the expenses on its regular operations after being established.

Other documents proving the ownership of assets being contributions from individuals requesting the center establishment (if any).

b) For private vocational colleges with two contributors or more, the dossier shall need the following additional documents:

- The power of attorney by contributors;

- The member list of the Board of founders;

- The list and forms of contributions of shareholders committed to contribute to the center establishment;

- The list and contribution records of shareholders committed to contribute;

2. The dossier on establishing other campus/branches belonging to the vocational training center shall be made as prescribed in clause 1 Article 10 of this Circular.

Article 11. Procedures for establishing and authorizing the establishment of vocational training centers

1. For vocational training centers affiliated to Ministries and Central agencies of socio-political organizations:

a) The agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall receive and evaluate the affiliated vocational training center establishment dossiers before sending to Evaluation councils.

In case the center establishment dossier is not valid, the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall send written response specifying the reasons to the organizations, individuals that request the center establishment within 05 working days after receiving the dossiers.

b) Within 05 working days after fully receiving the valid dossiers, the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall send the center establishment dossiers to Evaluation councils in order to carry out the evaluation.

c) The establishment, organization and operation of Evaluation councils shall be implemented as prescribed in point c clause 1 Article 8 of this Circular;

d) Within 15 working days as from the date of receiving vocational training center establishment dossiers sent by the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations, the Evaluation councils shall carry out the evaluation of the vocational training center establishment dossiers;

In case the Evaluation council concludes that the vocational training center establishment dossier is not qualified, the agency assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall send written response specifying the reasons to the organizations and individuals requesting the center establishment.

dd) Basing on the evaluation results of the Evaluation council, agencies and organizations requesting the center establishment shall complete the school establishment dossiers and send to The agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations.

e) Time limits, authority to establish and authorize the establishment of the center or other campus/branches belonging to the center:

Within 05 working day after receiving the written statements on the establishment of centers and other campus/branches belonging to the center from the Heads of The agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations, Ministers, Heads of Central agencies of socio-political organizations shall issue decisions on establishing the center or other campus/branches belonging to the affiliated vocational training centers.

2. For public vocational training centers belonging to central-affiliated cities and provinces and private vocational training centers in central-affiliated cities and provinces:

a) Agencies, organizations and individuals requesting the center establishment or the authorization for the center establishment shall make dossiers prescribed in Article 10 of this Circular and send to the Service of Labor, War Invalids and Social Affairs ;

b) The Service of Labor, War Invalids and Social Affairs shall receive and evaluate the dossiers on establishing public vocational training centers belonging to central-affiliated cities and provinces and local private vocational training centers.

In case the dossier on establishing and authorizing the center establishment is not valid, the Service of Labor, War Invalids and Social Affairs shall send written response specifying the reasons to the agencies, organizations, individuals that request the center establishment within 05 working days as from the date of receiving the dossier.

c) Within 05 working days as from fully receiving the valid dossiers, the Service of Labor, War Invalids and Social Affairs shall send the center establishment dossier to the Evaluation council in order to carry out the evaluation.

d) The establishment, organization and operation of Evaluation councils shall be implemented as prescribed in point d clause 2 Article 8 of this Circular;

dd) Within 15 working days as from the date of receiving the center establishment dossier sent by the Service of Labor, War Invalids and Social Affairs, the Evaluation council shall carry out the evaluation of the vocational training center establishment dossier;

e) Basing on the evaluation results of the Evaluation council, agencies, organizations and individuals requesting the center establishment shall complete the center establishment dossier and send to the Service of Labor, War Invalids and Social Affairs.

In case the Evaluation council concludes that the vocational training center establishment dossier is not qualified, the Service of Labor, War Invalids and Social Affairs shall send written response specifying the reasons to the agencies, organizations and individuals requesting the center establishment.

f) Time limits, authority to establish and authorize the establishment of the center or other campus/branches belonging to the center:

Within 05 working day after receiving the written statement on the establishment of the center or other campus/branches belonging to the center from the Director of the Service of Labor, War Invalids and Social Affairs , the President of the provincial-level People’s Committee shall issue decisions on establishing the center or other campus/branches belonging to the provincial vocational training centers, or on authorizing the establishment of the center or other campus/branches belonging to the local private vocational training centers.

3. Within 05 working days as from the date of signing the decision on establishing, authorizing the establishment of the center or other campus/branches belonging to the center, the competent person prescribed in point e clause 1 and point f clause 2 Article 11 of this Circular shall be responsible to send the decision on establishing or authorizing the establishment of the center or other campus/branches belonging to the center to the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs to monitor and manage.

Chapter 3.

DIVIDING, SEPARATING, MERGING AND DISSOLVING VOCATIONAL COLLEGES, VOCATIONAL INTERMEDIATE SCHOOLS AND VOCATIONAL TRAINING CENTERS

Article 12. The division, separation and merger of vocational colleges, vocational intermediate schools and vocational training centers

1. The division, separation and merger of vocational colleges, vocational intermediate schools (hereinafter referred to as schools and vocational training centers (hereinafter referred to as centers) must satisfy the following requirements:

a) Being consistent with the planning of vocational training facility network nationwide in each period, the network development planning and plan for vocational colleges, vocational intermediate schools and vocational training centers of Ministries, Central agencies of socio-political organizations and provincial-level People’s Committees;

c) Ensuring the interests of the officers, lecturers, teachers and students;

c) Contributing in improving the quality and efficiency of vocational training.

2. Dossier on dividing, separating and merging schools and centers:

01 (one) dossier on dividing, separating and merging schools and centers includes:

a) The official dispatch of the line managing agency (for public schools and centers), the official dispatch of the Directorate, individuals owning the school/organization or contributors to the center establishment (for private schools and centers) specifying the reasons and purposes of the division, separation and merger of schools and centers; the head offices, other campus/branches of schools and centers after being merged and the new head offices of schools and centers after being divided and separated;

b) The meeting minute of the school/organization Directorate or contributors to the center establishment on dividing, separating and merging schools/ centers (for private schools and centers);

c) The scheme on dividing, separating and merging schools and centers specifying the plan to dispose managing officers, teachers, lecturers, vocational training teachers, employees, workers of schools and centers; the plan, estimated time, route to make the division, separation and merger; the procedures and time limit to transfer assets and convert contributed capital.

3. Procedures and authority to divide, separate and merge vocational colleges, vocational intermediate schools and vocational training centers:

a) Procedures for dividing, separating and merging vocational colleges, vocational intermediate schools and vocational training centers

Procedures for dividing, separating and merging schools and centers to establish new schools and centers shall be implemented as prescribed in Article 5, Article 8 and Article 11 of this Circular.

b) Authority to divide, separate, merge vocational colleges, vocational intermediate schools and vocational training centers

- The division, separation and merger of vocational colleges, or merger of schools/centers to establish or authorize the establishment of new vocational colleges shall be decided by the Minister of Labour, War Invalids and Social Affairs;

- The division, separation and merger of public vocational intermediate schools and vocational training centers belonging to Ministries, Central agencies of socio-political organizations to establish new vocational intermediate schools and vocational training centers shall be decided by Ministers and Heads of Central agencies of socio-political organizations;

- The division, separation and merger of provincial public vocational intermediate schools and vocational training centers and local private vocational intermediate schools and vocational training centers to establish or authorize the establishment of new vocational intermediate schools and vocational training centers shall be decided by Presidents of the provincial-level People’s Committees;

Article 13. Dissolving vocational colleges, vocational intermediate schools and vocational training centers

1. Vocational colleges, vocational intermediate schools and vocational training centers are dissolved in one of the following cases:

a) Severely violating the provisions on the management, organization, operation of schools and centers that cause severe consequences

b) Failing to rectify the violation when the vocational training operation suspension is expired;

c) The objectives, duties and activities in the decision of establishing or authorizing the establishment of schools and centers are no longer appropriate for the requirements for socio-economic development;

d) At the proposal or organizations, individuals being founders of the school or center;

dd) The operation term of the school or center is expired as prescribed in the regulation/charter (if any).

2. The dossier on dissolving vocational colleges, vocational intermediate schools and vocational training centers:

One (01) dossier on dissolving vocational colleges, vocational intermediate schools and vocational training centers includes:

a) The written verdict of The agencies assigned to carry out line managing inspection of vocational training or the agency carrying out vocational training inspection on the actual conditions of the school/center, or written proposal from the line managing agency or from organizations, individuals requested the school/center establishment in which specifying the reasons and objectives of the school/center dissolution;

b) Measures for settling the interest of managing officers, lecturers, vocational training teachers, employees, workers, students and financial liability as prescribed by law. The dissolution of vocational colleges, vocational intermediate schools and vocational training centers must specify the reasons for dissolution, measures for settling the interest of managing officers, lecturers, vocational training teachers, employees, workers, students and financial liability as prescribed by law.

3. Evaluating dossier on school/center dissolution

a) Evaluating dossier on vocational college dissolution

Within 30 working days after fully receiving the valid dossiers, the General Department of Vocational Training shall evaluate the dossiers on vocational college dissolution and submit to the Minister of Labour, War Invalids and Social Affairs to issue decisions on the dissolution or on authorizing the dissolution of vocational colleges.

b) Evaluating dossier on the dissolution of vocational intermediate schools and vocational training centers

Within 30 working days after fully receiving the valid dossiers, the agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations shall evaluate the dossiers on the dissolution of vocational intermediate schools and vocational training centers, and submit to persons competent to establish, authorize the establishment of vocational intermediate schools and vocational training centers to consider and issue decisions on the dissolution or on authorizing the dissolution of vocational intermediate schools and vocational training centers..

c) In the decisions on dissolving or authorizing the dissolution of schools and centers, it is required to specify the reasons for dissolution, measures for settling the interest of managing officers, lecturers, vocational training teachers, employees, workers and students; to have decisions from competent agencies on measures for settling the school/center assets and must be publicly announced on means of mass media.

Chapter 4.

ORGANIZING THE IMPLEMENTATION

Article 14. Responsibilities of the General Department of Vocational Training

1. Guiding and organizing the establishment and authorization for establishing, dividing, separating, merging and dissolving vocational training facilities.

2. Inspecting, examining the establishment and authorization for establishing, dividing, separating, merging and dissolving vocational training facilities.

3. Receiving, evaluating dossiers on the establishment and authorization for establishing, dividing, separating, merging and dissolving vocational colleges as prescribed in clause 1, clause 2, clause 3 Article 5; clause 3 Article 12; clause 3 Article 13 of this Circular.

Article 15. Responsibilities of the Service of Labor, War Invalids and Social Affairs

1. Guiding and organizing the establishment and authorization for establishing, dividing, separating, merging and dissolving local vocational intermediate schools and vocational training centers.

2. Receiving, evaluating dossiers on the establishment and authorization for establishing, dividing, separating, merging and dissolving provincial public vocational intermediate schools, vocational training centers, and local private vocational intermediate schools, vocational training centers as prescribed in clause 2, clause 3 Article 8; clause 2, clause 3 Article 11; clause 3 Article 12; clause 3 Article 13 of this Circular.

3. Annually and biannually summing up and reporting to the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs on the establishment and authorization for establishing, dividing, separating, merging and dissolving local vocational intermediate schools and vocational training centers.

Article 16. Responsibilities of agencies assigned to manage the vocational training belonging to Ministries and Central agencies of socio-political organizations

1. Guiding and organizing the establishment and authorization for establishing, dividing, separating, merging and dissolving affiliated vocational intermediate schools and vocational training centers..

2. Receiving, evaluating dossiers on the establishment and authorization for establishing, dividing, separating, merging and dissolving affiliated public vocational intermediate schools and vocational training centers as prescribed in clause 1, clause 3 Article 8; clause 1, clause 3 Article 11; clause 3 Article 12; clause 3 Article 13 of this Circular.

3. Annually and biannually summing up and reporting to the General Department of Vocational Training – the Ministry of Labour, War Invalids and Social Affairs on the establishment, division, separation, merger and dissolution of affiliated vocational intermediate schools and vocational training centers.

Article 17. Responsibilities of vocational colleges, vocational intermediate schools and vocational training centers

After 02 years (24 months), as from the date of the decision on establishing and authorizing the establishment for vocational colleges, and after 01 year (12 months) for vocational intermediate schools and vocational training centers, if the school/center fails to satisfy the necessary conditions for facilities, vocational training and teaching equipment; the workforce of lecturers, teachers and vocational training management officers; vocational training program and other conditions for operating the vocational training as prescribed, agencies competent to establish and authorize the establishment of the school/center shall revoke the decision on establishing or authorizing the establishment of the school/center.

Article 18. Effect

1. This Circular takes effect on November 04 2011 and abolishes the Decision No. 71/2008/QĐ-BLDTBXH of December 30 2008 promulgated by the Minister of Labour, War Invalids and Social Affairs prescribing the establishment and authorization for establishing, dividing, separating, merging and dissolving vocational colleges, vocational intermediate schools and vocational training centers.

2. During the course of implementation, the arising difficulties and obstructions should be promptly reported to the Ministry of Labour, War Invalids and Social Affairs for study, supplement and amendment./.