Thông tư 29/2011/TT-BLDTBXH

CIRCULAR

PROVIDING VOCATIONAL TRAINING REGISTRATION

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

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

Pursuant to the Government’s Resolution No. 48/NQ-CP of December 9, 2010, on simplification of administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs;

The Ministry of Labor, War Invalids and Social Affairs provides vocational training registration as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the competence, order and procedures to register vocational training and grant vocational training registration certificates of collegial, intermediate and basic levels; additional registration of vocational training; return and withdrawal of vocational training registration certificates.

Article 2. Subjects of application

This Circular applies to:

1. Public, private and foreign-invested vocational colleges and intermediate schools and vocational training centers (below collectively referred to as vocational training institutions).

2. Universities, colleges, professional secondary schools and other educational institutions (below collectively referred to as educational institutions).

3. Enterprises, cooperatives, and production, business and service establishments (below collectively referred to as enterprises).

Article 3. Purposes of vocational training registration

Vocational training registration aims to enhance vocational training quality management to ensure vocational training activities’ compliance with law.

Chapter II

ORDER OF AND PROCEDURES FOR REGISTRATION, AND COMPETENCE TO GRANT CERTIFICATES, OF VOCATIONAL TRAINING REGISTRATION

Article 4. Vocational training registration dossiers

1. For public and private vocational colleges and intermediate schools and vocational training centers, a vocational training registration dossier comprises:

a/ An official letter on vocational training registration (made according to the form provided in Appendix 1 to this Circular, not printed herein);

b/ A report on current conditions to guarantee vocational training activities (made according to the form provided in Appendix 2 to this Circular, not printed herein);

c/ Particularly for public vocational colleges, a copy of the college’s charter approved under regulations is required;

d/ Particularly for vocational intermediate schools and vocational training centers under the management of ministries, ministerial-level agencies, government-attached agencies and central agencies of socio-political organizations, the following papers are required:

- A copy of the decision on establishment of the school or center;

- A copy of the charter of the school or center approved under regulations.

2. For foreign-invested vocational colleges and intermediate schools and vocational training centers, a vocational training registration dossier shall be made in Vietnamese or in Vietnamese and English, comprising:

a/ An official letter on vocational training registration (made according to the form provided in Appendix 1 to this Circular);

b/ A copy of the investment license or establishment decision of the college, school or center;

c/ A report on current conditions to guarantee vocational training activities (made according to the form provided in Appendix 2 to this Circular).

3. For educational institutions and enterprises specified in Clauses 2 and 3, Article 2 of this Circular, a vocational training registration dossier comprises:

a/ An official letter on vocational training registration (made according to the form provided in Appendix 1 to this Circular);

b/ A copy of the establishment decision;

c/ A report on current conditions to guarantee vocational training activities (made according to the form provided in Appendix 3 to this Circular, not printed herein);

d/ A copy of the charter or regulation on organization and operation.

Article 5. Order of and procedures for registration and grant of vocational training registration certificates

1. For vocational colleges, colleges and universities:

a/ To submit a vocational training registration dossier to the General Department of Vocational Training;

b/ Within 20 working days after receiving a complete and valid dossier, the General Department of Vocational Training shall examine conditions to guarantee vocational training activities and grant a vocational training registration certificates (made according to the form provided in Appendix 4 to this Circular, not printed herein). In case of refusal, it shall issue a written reply clearly stating the reason;

c/ Within 10 working days after granting a vocational training registration certificate, the General Department of Vocational Training shall send a copy of this certificate to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the vocational college, or college or university provides vocational training for management.

2. For vocational intermediate schools, vocational training centers, professional secondary schools, other educational institutions and enterprises:

a/ To submit a vocational training registration dossier to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the applicant is headquartered; or to submit a vocational training registration dossier to the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the applicant’s branch/another training establishment is located, if it registers vocational training at such branch or establishment;

b/ Within 15 working days after receiving a complete and valid dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall examine conditions to guarantee vocational training activities and grant a vocational training registration certificate (made according to the form provided in Appendix 4 to this Circular). In case of refusal, it shall issue a written reply clearly stating the reason;

c/ Within 10 working days after granting a vocational training registration certificate, the provincial-level Labor, War Invalids and Social Affair Department shall send a copy of this certificate to the General Department of Vocational Training for management.

Article 6. Conditions for obtaining vocational training registration certificates

1. For jobs trained at intermediate and collegial levels

a/ Jobs registered for training must be on the list of jobs for training promulgated by the Minister of Labor, War Invalids and Social Affairs;

b/ Physical foundations must be suitable to trained jobs and the training scale and levels and built according to Vietnam construction standard TCXD VN 60:2003 “Designing standards for vocational training schools” promulgated under the Construction Minister’s Decision No. 21/2003/QD-BXD of July 28, 2003, specifically:

- Having sufficient lecture rooms matching the training scale under regulations. The number of students per lecture class must not exceed 35;

- Having practice rooms and workshops meeting requirements under vocational training programs. The number of students per practice class must not exceed 18.

c/ Having sufficient teaching aids required for trained jobs under the list of teaching aids promulgated by the Minister of Labor, War Invalids and Social Affairs; having sufficient teaching aids required under training programs and matching the training scale of the registered jobs if the list of teaching aids required for the trained jobs is unavailable;

d/ Having sufficient trainers and administrators suitable to the trained job structure and training levels who meet criteria and requirements on professional qualifications and skills and vocational training skills to ensure the achievement of vocational training objectives and programs:

- The maximum ratio of students equivalent to trainers equivalent is 20 students/trainer;

- The ratio of full-time trainers is at least 70%, for public vocational colleges, universities, colleges, and vocational intermediate and professional secondary schools; 50%, for private vocational colleges, universities, colleges, and vocational intermediate and professional secondary schools, with full-time trainers for each trained job.

e/ Having sufficient detailed curricula in compliance with the framework curriculum promulgated by the Minister of Labor, War Invalids and Social Affairs.

2. For jobs trained at basic level

a/ Having physical foundations and equipment suitable to trained jobs and the basic training scale and level. The area of a lecture room must be at least 1.3 m2/student equivalent; and a classroom for practice, at least 2.5m2/student equivalent;

b/ Having trainers meeting criteria and requirements on professional qualifications and skills and vocational training skills under law; ensuring the ratio of students equivalent to trainers equivalent not exceeding 20 students/trainer; having full-time trainers for each trained job;

c/ Having sufficient vocational training curricula and materials under regulations.

Article 7. Competence to grant vocational training registration certificates

1. The Director General of Vocational Training and the Ministry of Labor, War Invalids and Social Affairs may grant vocational training registration certificates to vocational colleges, colleges and universities.

2. Directors of provincial-level Labor, War Invalids and Social Affairs Departments may grant vocational training registration certificates to vocational intermediate schools, vocational training centers, professional secondary schools, other educational institutions and enterprises.

Chapter III

ADDITIONAL REGISTRATION OF VOCATIONAL TRAINING; RETURN AND WITHDRAWAL OF VOCATIONAL TRAINING REGISTRATION CERTIFICATES

Article 8. Cases of additional registration of vocational training

Vocational training institutions, educational institutions and enterprises specified in Clauses 1, 2 and 3, Article 2 of this Circular that have obtained vocational training registration certificates shall make additional registration of vocational training in the following cases:

1. Raising the enrollment scale for each job at collegial level; raising the enrollment scale by 10% for the intermediate level and 20% for the basic level or higher from the registered enrollment scale.

2. Adding trained jobs.

3. Adding or changing training levels or adjusting the enrollment scale among training levels or trained jobs of a group.

4. Dividing, separating, merging, or changing investment license relating to contents of the vocational training registration certificate.

5. Relocating headquarters or branches/other training establishments which directly provide vocational training.

6. Establishing new branches/training establishments engaged in vocational training.

7. Opening new places for vocational training or associating with organizations or individuals to provide vocational training.

Article 9. Dossiers of additional registration of vocational training

1. For the cases specified in Clauses 1, 2, 3 and 4, Article 8 of this Circular, a dossier of additional registration of vocational training comprises:

a/ An official letter on additional registration of vocational training (made according to the form provided in Appendix 5 to this Circular, not printed herein).

b/ A report on additional registration of vocational training (made according to the form provided in Appendix 6 to this Circular, not printed herein).

2. Dossiers of additional registration of vocational training for the cases specified in Clauses 5, 6 and 7, Article 8 of this Circular:

a/ For vocational colleges, colleges and universities, a dossier of additional registration of vocational training complies with Clause 1 of this Article;

b/ For vocational intermediate schools, vocational training centers, professional secondary schools, other educational institutions and enterprises: If additional vocational training are provided in the province or centrally run city in which they are headquartered, a registration dossier complies with Clause 1 of this Article. If additional vocational training are provided in the province or centrally run city in which they are not headquartered, in addition to the papers specified in Clause 1 of this

Article, the following papers are required:

- A copy of the establishment decision or investment registration certificate;

- A copy of the decision on appointment or recognition of the head of the vocational training institution, educational institution or enterprise;

- A competent agency’s document on relocation of the headquarter or branch/another training establishment or on establishment of a branch/another training establishment or another training place.

Article 10. Order, procedures, and conditions for, and competence to grant certificates of additional registration of vocational training

1. The order of and procedures for additional registration of vocational training are provided as follows:

a/ For the cases specified in Clauses 1, 2, 3 and 4, Article 8 of this Circular, the order of and procedures for additional registration comply with Article 5 of this Circular;

b/ For the cases specified in Clauses 5, 6 and 7, Article 8 of this Circular, the order of and procedures for additional registration are provided as follows:

- The order of and procedures for additional registration comply with Article 5 of this Circular, if vocational training institutions, other educational institutions or enterprises establish new branches/training establishments or places or associate to provide training or relocate their headquarters/ branches/other training establishments or places within a province or centrally run city;

- If vocational intermediate schools, vocational training centers, professional secondary schools, other educational institutions or enterprises establish new branches/training establishments, places or associate to provide training or their headquarters/ branches/other training establishments or places are relocated to a province or centrally run city in which they are not headquartered, they shall send an official notice to inform to the state agencies having granted their vocational training registration certificates and submit a dossier of additional registration of vocational training to provincial-level Labor, War Invalids and Social Affairs Departments of the localies in which their new branches/other training establishments or places are located under Clause 2, Article 5 of this Circular.

2. The conditions for, and competence to grant certificates of, additional registration of vocational training comply with Articles 6 and 7 of this Circular.

3. Certificates of additional registration of vocational training shall be made according to the form provided in Appendix 7 to this Circular (not printed herein).

Article 11. Return and withdrawal of vocational training registration certificates

1. When terminating their operation, vocational training institutions, educational institutions and enterprises shall return their vocational training registration certificates to the certificate granting agencies.

2. The certificate granting agencies specified in Article 7 of this Circular may withdraw vocational training registration certificates when vocational training institutions, educational institutions or enterprises are deprived of the right to use vocational training registration certificates under the Government’s Decree No. 116/2009/ND-CP of December 31, 2009, on sanctioning of administrative violations in vocational training.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 12. Responsibilities of the General Department of Vocational Training

1. To direct, guide and organize vocational training registration.

2. To receive dossiers, examine conditions to guarantee vocational training activities, grant and withdraw vocational training registration certificates and additional registration certificates under Clause 1, Article 7 and Clause 2, Article 10 of this Circular.

3. To send copies of vocational training registration certificates to provincial-level Labor, War Invalids and Social Affairs Departments under Point c, Clause 1, Article 5 of this Circular.

4. To inspect and examine vocational training registration under regulations.

Article 13. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments

1. To direct, guide and organize vocational training registration in their localities.

2. To receive dossiers, examine conditions to guarantee vocational training activities, and grant and withdraw vocational training registration certificates and additional registration certificates under Clause 2, Article 7 and Clause 2, Article 10 of this Circular.

3. To send copies of vocational training registration certificates to the General Department of Vocational Training under Point c, Clause 2, Article 5 of this Circular.

4. To biannually and annually review and report on vocational training registration in their localities to the General Department of Vocational Training.

5. To inspect and examine vocational training registration activities in their localities under regulations.

Article 14. Responsibilities of ministries, sectors and People’s Committees of provinces and centrally run cities

1. To direct, guide and urge vocational training institutions (or educational institutions and enterprises joining vocational training) under their management to register vocational training.

2. To examine activities of vocational training institutions, educational institutions and enterprises which have registered vocational training under their management.

Article 15. Responsibilities of vocational training institutions

1. Vocational colleges, and vocational intermediate schools and vocational training centers shall register vocational training activities within 24 months or 12 months, respectively, after obtaining their establishment decisions or establishment permission decisions or investment certificates.

2. Educational institutions and enterprises specified in Clauses 2 and 3, Article 2 of this Circular which meet vocational training requirements under regulations shall register vocational training activities and may enroll trainees only after they are granted vocational training registration certificates.

Article 16. Implementation provisions

1. This Circular takes effect on January 1, 2012, and replaces the Labor, War Invalids and Social Affairs Minister’s Decision No. 72/2008/QD-BLDTBXH of December 30, 2008, promulgating the Regulation on vocational training registration.

2. Agencies and units shall promptly report on any difficulties or problems arising in the course of implementation to the Ministry of Labor, War Invalids and Social Affairs for guidance or appropriate amendment and supplementation.-