Thông tư 25/2015/TT-BLDTBXH

CIRCULAR

PROVIDING FOR THE REGISTRATION OF VOCATIONAL EDUCATION, ISSUANCE AND REVOCATION OF CERTIFICATE OF REGISTRATION OF VOCATIONAL EDUCATION AND SUSPENSION OF BASIC VOCATIONAL EDUCATION

Pursuant to the Law on Vocational Education dated November 27^th 2014;

Pursuant to Decree No. 48/2015/ND-CP dated May 15^th 2015 by the Government detailing a number of articles of the Law on Vocational education;

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

At the request of General Director of Vocational Training;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular providing for the registration of vocational education, issuance and revocation of certificate of registration of vocational education and suspension of basic vocational education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for conditions, application, competence, procedures for registration and issuance of the certificate of registration of basic vocational education; the application for additional registration of vocational education; the revocation of the certificate of registration of basic vocational education; procedures for suspension of basic vocational education.

Article 2. Regulated entities

This Circular applies to colleges, vocational schools, vocational education centers (hereinafter referred to as vocational education institutions) and enterprises that have registered for basic vocational education.

Article 3. Principles of registration for basic vocational education

1. Registration of basic vocational education is an activity aiming to intensify the management of educational quality, ensuring that the vocational education is conformable with law provisions.

2. Any vocational education institutions/enterprises is allowed to run themselves the continuous training programs prescribed in points a, b, c and d Article 40 of the Law on vocational education according to regulations on continuous training.

3. Any vocational education institutions/enterprises that modifies the contents of the certificate of registration of basic vocational education shall apply for additional registration of basic vocational education to a competent agency specified in Article 6 of this Circular.

Chapter II

CONDITIONS, APPLICATION, COMPETENCE, PROCEDURES FOR REGISTRATION AND ISSUANCE OF THE CERTIFICATE OF REGISTRATION OF BASIC VOCATIONAL EDUCATION

Article 4. Conditions for issuance of registration of basic vocational education

1. The institution has facilities and training equipment suitable for the vocations being taught, its scale and training level. Area of classrooms and practice rooms for studying and teaching shall be at an average of 04 square meters or more per student.

2. The institution has a qualified teaching staff in terms of professional knowledge, professional skills, and teaching skills; the ratio of student to teacher shall be no more than 20 : 1; regarding professions that require the gift, such ratio shall be no more than 15 : 1; there shall be full-time teachers for each vocation.

3. Programs, textbooks, school materials are sufficient according to regulations.

4.  Private vocational education institutions and foreign-invested vocational education institutions that register for basic vocational education, apart from satisfying all conditions specified in Clauses 1, 2 and 3 of this Article, must have sufficient financial sources to maintain the operation of vocations that are registered.

Article 5. Application for registration of basic vocational education

1. Regarding public and private vocational education institutions, an application for registration of basic vocational education shall include:

a) The application form in Appendix 1 enclosed with this Circular;

b) A copy of the Establishment Decision or Decision on permission for establishment of vocational education institutions;

c) The report according to the form in Appendix 2 enclosed with this Circular;

d) A copy of the practice of the organization and operation of vocational education institutions.

2. Regarding foreign-invested vocational education institutions, the application for registration of vocational education shall be in Vietnamese or in both Vietnamese and English, including:

a) The form in Appendix 1 enclosed with this Circular;

b) A copy of the certificate of registration of investment and a decision on permission for establishment of vocational education institutions;

c) The report according to the form in Appendix 2 enclosed with this Circular;

d) A copy of the practice of organization and operation of vocational education institutions.

3. Regarding enterprises specified in Article 2 of this Circular, the application for registration of vocational education shall include:

a) The form in Appendix 1 enclosed with this Circular;

b) A copy of the Establishment Decision or the Certificate of Enterprise registration or the certificate of registration of investment;

c) The report according to the form in Appendix 3 enclosed with this Circular;

d) A copy of the regulations or practice of the organization and operation.

Article 6. The power to issue certificates of registration of basic vocational education

1. The General Director of General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs shall issue certificates of registration of basic vocational education to colleges.

2. Directors of Services of Labor, War Invalids and Social Affairs of central-affiliated cities and provinces shall issue certificates of registration of basic vocational education to  vocational secondary schools, vocational education centers and enterprises.

Article 7. Procedures for registration and issuance of registration of basic vocational education

1. Regarding colleges:

a) 01 application for registration of basic vocational education shall be submitted directly to General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs;

b) Within 10 working days from the day on which the satisfactory application is received, General Directorate of Vocational Training shall check the conditions ensuring the provision of education and issue the certificate of registration of basic vocational education (using the form in Appendix 4 enclosed with this Circular); if the application is rejected, within 05 working days, a written response containing explanation shall be sent;

c) Within 05 working days from the day on which the certificate of registration of vocational education is issued, General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs shall send the copy of the certificate of registration of vocational education to Service of Labor, War Invalids and Social Affairs of the area where the college provide basic vocational education to manage according to administrative division.

2. Regarding vocational schools, vocational education centers and enterprises:

a) 01 application for registration of basic vocational education shall be submitted directly to Services of Labor, War Invalids and Social Affairs of the area where their head office is located. If the registration of basic vocational education at a branch/educational institution is carried out a place outside the province where their head office is located, an application for registration of basic vocational education shall be submit to Service of Labor, War Invalids and Social Affairs where such branch/institution is located;

b) Within 10 working days from the day on which the satisfactory application is received, Services of Labor, War Invalids and Social Affairs shall check the conditions ensuring the provision of education and issue the certificate of registration of basic vocational education (using the form in Appendix 4 enclosed with this Circular); if the application is rejected, within 05 working days, a written response containing explanation shall be sent;

c) Within 05 working days from the day on which the certificate of registration of basic vocational education is issued, Services of Labor, War Invalids and Social Affairs shall send the copy of the certificate of registration of basic vocational education to General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs for general management.

Chapter III

CONDITIONS, APPLICATION, PROCEDURES FOR ADDITIONAL REGISTRATION OF BASIC VOCATIONAL EDUCATION

Article 8. Cases subject to registration for additional registration of basic vocational education

Vocational education institutions and enterprises specified in Article 2 of this Circular that have obtained the certificate of registration of basic vocational education shall follow the procedures for additional registration of basic vocational education in the following cases:

1. Increase of 10% or higher in admission target of each profession compared to/in comparison with the admission target in the certificate of registration of basic vocational education.

2. Addition of vocations .

3. Full/partial division, merger of the institution, or modification of the certificate of registration of investment relating to the content of the certificate of registration of vocational education.

4. Relocation of the headquarter or a campus of the institution where training is provided.

5. Establishment of a new campus for providing training.

6. Establishment of new training places or cooperation with another organization/individual in providing training.

Article 9. Application for registration of addition to basic vocational education

1. An application for registration of addition to basic vocational education for the cases specified in Clauses 1, 2 and 3 Article 8 of this Article shall include:

a) The form in Appendix 5 enclosed with this Circular;

c) The report according to the form in Appendix 6 enclosed with this Circular;

2. An application for additional registration of basic vocational education for the cases specified in Clauses 4, 5 and 6 Article 8 of this Article shall include:

a) Regarding colleges, the application shall comply with regulations in Clause 1 of this Article;

b) Regarding vocational schools, vocational education centers and enterprises: If the addition to basic vocational education is carried out in the same province as where their head office is located, the application for addition shall comply with regulations in Clause 1 of this Article; if the addition to basic vocational education is carried out in a province different from where the head office is located, then apart from regulations in clause 1 of this Article, the application shall include:

- A copy of the Establishment Decision or the decision on permission for establishment or the certificate of registration of investment;

- A copy of the decision on assignment or recognition of the head of the vocational school/vocational education center/enterprise;

- A writing of a competent agency about the change of location of the head office/training branch/training institution or the establishment of another training branch/training institution/training place.

Article 10. Procedures and conditions for registration and the power to issue the certificate of additional registration of basic vocational education

1. Procedures for additional registration of basic vocational education:

a) Regarding cases specified in Clauses 1, 2 and 3 Article 8 of this Circular, procedures shall comply with regulations in Article 7 of this Circular;

b) Regarding cases specified in Clauses 4, 5 and 6 Article 8 of this Circular:

- Regarding the establishment of a new training branch/training institution/training place or the educational association or the change in location of the head office/training branch/training institution of the vocational education institution/enterprise within a province, procedures for additional registration of basic vocational education shall comply with regulations in Article 7 of this Circular;

- Regarding the establishment of a new training branch/training institution/campus or the educational association or the change in location of the head office/training branch/training institution of the vocational education institution/enterprise to another province, the vocational school/vocational education center/enterprise shall send a written notification to the issuer of their certificate of registration of basic vocational education and submit the application for additional registration of basic vocational education directly to Services of Labor, War Invalids and Social Affairs where the branch/training institution/training place is located according to regulations in Clause 2 Article 7 of this Circular.

2. Conditions for registration and competence in issuing the certificate of registration of addition to basic vocational education shall comply with regulations in Articles and 6 of this Circular.

3. The form of the Certificate of additional registration of basic vocational education is provided in Appendix 7 enclosed with this Circular.

Chapter IV

SUSPENSION OF BASIC VOCATIONAL EDUCATION; REVOCATION OF CERTIFICATE OF REGISTRATION OF BASIC VOCATIONAL EDUCATION

Article 11. Procedure for suspension of basic vocational education

1. If any elementary vocational education institution/enterprise is found committing a violation against regulations in clause 1 Article 20 of the Law on vocational education, then the person having power to issue the certificate of registration of basic vocational education specified in Article 6 of this Circular shall conduct an inspection to assess the seriousness of violation.

2. Depending on the seriousness of violation of the vocational education institution/enterprise, the said person shall make a decision on suspension of the basic vocational education.

Article 12. Revocation of the certificate of registration of basic vocational education

1. A vocational education institution/enterprise shall have its certificate of registration of basic vocational education revoked in any of the following cases:

a) The vocational education institution/enterprise commits fraud acts to obtain the certificate of registration of basic vocational education;

b) The vocational education institution/enterprise commits serious violations against regulations on the organization of basic vocational education;

c) The violation leading to suspension has not been eliminated after the duration of suspension of enrollment;

d) The vocational education institution/enterprise commits violations against law provisions on vocational education  that result in revocation of the certificate;

dd) Other cases according to law provisions.

2. The decision on revocation of the certificate of registration of basic vocational education shall specify the reasons for the revocation and measures for ensuring the lawful benefits of teachers, officials, employees and students. The decision on revocation of the certificate of registration of basic vocational education shall be published through mass media.

3. Any person who has the power to issue the certificate of registration of elementary vocational education  also has the power to revoke it.

4. Procedures for revocation of the certificate of registration of basic vocational education:

a) If the vocational education institution/enterprise commits any violation specified in clause 1 of this Article, the agency having power to issue the certificate of registration of vocational education shall conduct an inspection to assess the seriousness of violation;

b) Depending on the level of violation, the agency having power to issue the certificate of registration of basic vocational education shall make a decision on revocation of the certificate of registration of basic vocational education.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 13. Responsibilities of General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs

1. Direct, guide and organize the registration of basic vocational education.

2. Receive the applications, conduct inspections of conditions ensuring the training, issue/revoke the certificates of registration and additional registration of basic vocational education; impose suspension on basic vocational education in cases specified in Clause 1 Article 7, Clause 2 Article 10 and Clause 2 Article 11 of this Circular.

3. Send photocopies of the certificates of registration of basic vocational education to Services of Labor, War Invalids and Social Affairs as prescribed in Point c Clause 1 Article 7 of this Circular.

4. Conduct inspections of the registration of basic vocational education and suspension of basic vocational education according to law provisions.

Article 14. Responsibilities of Services of Labor, War Invalids and Social Affairs

1. Direct, guide and organize the registration of basic vocational education in local area.

2. Receive the applications, conduct inspections of conditions ensuring the training, issue/revoke the certificates of registration and additional registration of -basic vocational education; impose suspension on basic vocational education in cases specified in Clause 2 Article 7, Clause 2 Article 10 and Clause 2 Article 11 of this Circular.

3. Send photocopies of the certificates of registration of basic vocational education to General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs as prescribed in Point c Clause 2 Article 7 of this Circular.

4. Periodically, biannually collect information and report to General Directorate of Vocational Training, the Ministry of Labor, War Invalids and Social Affairs on the registration of basic vocational education in local area.

5. Conduct inspections of the registration of basic vocational education and suspension of basic vocational education in local area according to law provisions.

Article 15. Responsibilities of Ministries, ministerial-level agencies; People’s Committees of central-affiliated cities and provinces

1. Direct, guide and expedite the vocational education institutions/enterprises subject to registration of basic  vocational education under their management to follow the procedures for registration of basic vocational education.

2. Conduct inspections of the operation of vocational education institutions/enterprises under their management that have registered for basic vocational education.

Article 16. Responsibilities of vocational education institutions and enterprises

1. Within 36 months, applicable to colleges/vocational schools or 24 months, applicable to vocational education centers from the day on which the Establishment Decision of the Decision on permission for establishment is effective, the vocational education institution shall follow the procedures for registration of basic vocational education.

2. Any vocational education institutions/enterprises specified in Article 2 of this Circular that are eligible for providing basic vocational education according to regulations shall follow the procedures for registration of basic vocational education and shall carry out the enrollment and provide training only when the certificate of registration of basic vocational education issued by a competent agency is received.

Article 17. Implementation

1. This Circular comes into effect from September 01^st 2015.

2. Regulations on registration of basic vocational training specified in Circular No. 29/2011/TT-BLDTBXH dated 24/10/2011 by the Minister of Labor, War Invalids and Social Affairs is expired by the effect of this Circular.

3. Difficulties or opinions that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for amendments and adjustment./.