Quyết định 51/2008/QD-BLDTBXH

DECISION

ON PROMULGATION OF MODEL CHARTER OF VOCATIONAL COLLEGES

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on Government organization dated December 25^th, 2001;

Pursuant to the Law on Education dated June 14^th, 2005;

Pursuant to the Law on Vocational training dated November 29^th, 2006;

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

Pursuant to Decision No. 27/2003/QD-TTg dated February 19^th, 2003 by the Prime Minister on the promulgation of Regulation on appointment, re-appointment, shift, resignation and removal from office of leading officials and public employees;

At the request of Director of General Directorate of Vocational Training,

DECIDES:

Article 1. To enclose with this Decision the Model charter of vocational colleges.

Article 2. This Decision takes effect after 15 days from the day on which it is posted on Official Gazette. This Decision replaces Decision No. 02/2007/QD-BLDTBXH dated 04/01/2007 by the Minister of Labor, War Invalids and Social Affairs on promulgation of the Charter of vocational colleges.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Heads of Central bodies of socio-political organizations managing vocational colleges; Presidents of People’s Committees of central-affiliated cities and provinces, Directors of Services of Labor, War Invalids and Social Affairs of central-affiliated cities and provinces, Chiefs of Ministry Offices, Director of General Directorate of Vocational Training, Principals of vocational colleges and Heads of relevant agencies and units shall be responsible for implementing this Decision./.

MODEL CHARTER

OF VOCATIONAL COLLEGES
(Enclosed with Decision No. 51/2008/QD-BLDTBXH dated May 05^th, 2008 by the Minister of Labor, War Invalids and Social Affairs)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Model Charter provides for the organization and operation of public vocational colleges and private vocational colleges (hereinafter referred to as vocational colleges).

Article 2. Legal capacity of vocational colleges

1. Vocational colleges are vocational training facilities of national education system which are established and operated according to provisions of law and this Model Charter.

2. Vocational colleges are non-business units which have rights to self-control and shall take responsibility as prescribed by law.

Each vocational college shall have legal status and have its own seal and account.

Article 3. Rules for naming vocational colleges

1. Vietnamese name of a vocational college shall be formulated as follows: "Trường cao đẳng nghề + main domain or speciality (in Vietnamese) or proper name (if any)”.

2. Name of a college must not coincide with the one of a school established before.

3. Vietnamese name of a college shall be written on its establishment decision, its seal, and its transaction documents and papers and shall be displayed at head office and branches of such college.

Article 4. State management applicable to vocational colleges

1. Vocational colleges are under the supervision of the Ministry of Labor, War Invalids and Social Affairs and, the People’s Committees of provinces and central-affiliated cities (hereinafter referred to as People's Committees of provinces) where such colleges are headquartered.

2. Ministries, ministerial-level agencies, Governmental agencies and People's Committees of provinces shall cooperate with the Ministry of Labor, War Invalids and Social Affairs in state management of vocational colleges which are under their management as prescribed in this Model Charter.

Article 5. Charter of vocational colleges

1. Pursuant to this Model Charter, vocational colleges shall formulate their own Charters and request competent authorities to approve them according to regulations as follows:

a) Charters of public vocational colleges shall be resolved by the Councils of schools and sent to governing bodies of schools for approval;

b) Charters of private vocational colleges shall be resolved by Board of Directors or individuals who are owners of schools and sent to the Director of General Directorate of Vocational training for approval;

2. A charter of vocational college shall include the following main contents:

a) Name of school;

b) Tasks and powers of school;

c) Vocational training activities; list of specialities which the school provides training for and training level of specific speciality;

d) Tasks and powers of teachers, vocational training management managers;

dd) Tasks and rights of learners;

e) Organizational structure and staff of the school;

g) Financial conditions and facilities of the school;

h) Relationship between school and enterprises, families and the society;

i) Regulations on inspection, reward and violation handling.

3. An application for approval for the Charter shall include:

a) A written application for approval (using form No. 1 enclosed with this Decision);

b) Four (04) copies of the Charter of school;

c) Copies of Decision on establishment or Decision to approve the establishment of vocational colleges.

4. Receiving and checking applications and making decisions to approve the Charter of vocational colleges:

a) Vocational colleges shall submit the application provided for in clause 3 of this Article to their governing bodies, applicable to public vocational colleges affiliated to Ministries, regulatory authorities or socio-political organizations; or to General Directorate of Vocational Training, applicable to private vocational colleges;

b) Within 15 working days from the day on which satisfactory applications are received, agencies and organization specified in point a of this clause shall consider and make decisions to approve the Charter (using Form No. 2 enclosed with this Decision). If the applications are not satisfactory to be approved, written responses containing explanation shall be made and sent to the applicants;

c) Within 10 working days from the day on which the Charters are approved, agencies and organizations in charge of approving Charters shall enclose 01 decision with the approved Charter and send them to Services of Labor, War Invalids and Social Affairs where the head offices of vocational colleges are located to carry out the management according to administrative division.

5. Granting approval for amendments to Charters:

If the manager of a vocational college wishes to make amendment to the Charter of their school, a written application for approval for amendment (using form No. 3 enclosed with this Decision) and contents to be amended shall be sent to the competent authority for approval according to regulations in clause 4 of this Article.

Chapter 2.

TASKS AND ENTITLEMENTS OF VOCATIONAL COLLEGES

Article 6. Tasks

1. Provide training for human resources directly engaged in production and service activities at college, immediate and primary level so that the learners have professional practice capacity corresponding to the training level, have good health conditions, professional conscience, sense of discipline and industrial manners, enabling them to find jobs, make jobs themselves or continue their study to a higher level, answering to the demand of the labor market.

2. Formulate, approve and run vocational training programs, use vocational training coursebooks and materials applicable to the to be-trained specialities.

3. Formulate enrolment plans and organize the enrolment process.

4. Control the activities of teaching and learning; testing, exam, graduation recognition and certificate issuance according to regulations of the Minister of Labor, War Invalids and Social Affairs.

5. Recruit and manage the staff of teachers, managers and employees of the schools, ensuring the quantity and the accordance with specialities and training scope and level according to law provisions.

6. Conduct scientific researches; apply technical advances and transfer technology; conduct scientific and technical production, business and service according to law provisions.

7. Provide free of charge advices on vocational education and careers for learners.

8. Hold tours for learners to visit or practice at enterprises.

9. Cooperate with enterprises, organizations, individuals and families of learners in vocational training activities.

10. Enable teachers, managers, employees and learners to participate in social activities.

11. Ensure the democracy and open in the implementation of vocational training tasks, the research, the application of science and technology in vocational training and financial activities.

12. Include the contents about languages, manners and customs and relevant law provisions of the countries where employees are going to work and relevant Vietnam’s law provisions in the vocational training program when providing vocational training for employees who are going to work in such countries according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

13. Manage and use land, facilities, equipment and finance of the schools according to law provisions.

14. Comply with regulations on periodic and irregular reporting according to law provisions.

15. Fulfill other tasks prescribed in law.

Article 7. Entitlement

Vocational colleges shall have the following entitlements:

1. To initiatively formulate and conduct and implement the school development plans in accordance with vocational training development strategies and the planning on development of the network of vocational colleges.

2. To mobilize, receive funds, manage and use resources according to law provisions to conduct vocational training.

3. To make decisions on the establishment of units affiliated to the schools according to the organizational structures that have been approved in the Model Charters of the schools; make decisions on the appointment of positions from chiefs of departments/faculties or lower levels.

4. To establish production/business/service organizations and enterprises according to law provisions.

5. To cooperate with production/business/service establishment and enterprises in providing vocational training by formulating vocational training plans, programs and coursebooks and scheduling practice courses. To join with Vietnamese and foreign economic, education and scientific research organizations to improve vocational training quality, associating vocational training with the employment and labor market.

6. To use the receipts from business activities to invest in the construction of facilities of the schools, to spend on vocational training activities and to increase the finance resources of the schools.

7. To receive land and facilities that are allocated or leased out by the State; to receive budgetary support when conducting tasks ordered by the State; to be eligible for preferential policies on taxation and credit according to law provisions.

8. To fulfill other entitlements prescribed in law.

Chapter 3.

ORGANIZATIONAL STRUCTURE AND STAFF OF VOCATIONAL COLLEGES

Article 8. Organizational structure

1. The School council, applicable to public vocational colleges, and the Board of Directors, applicable to private vocational colleges with more than 1 shareholder.

2. Principal, Vice-principals.

3. Advisory councils.

4. Registrar office and other specialized and professional departments.

5. Faculties and subject managements of the school.

6. Research and service units serving vocational education.

7. Production units and enterprises (if any).

8. Communist Party of Vietnam organizations, unions and social organizations.

Article 9. School councils

1. The school council shall be the organization responsible for making decisions on operation policy of the school, mobilize and supervise the use of resources of school, ensuring the fulfillment of vocational target.

2. The school council shall have the following tasks and powers:

a) To make decisions about policy, target, strategy, planning, projects and plans on development of the school;

b) To make resolution about the Charter or make amendment to the Charter of the school and send them to competent authority for approval;

c) To make resolution on policy on use of finance resources, properties and policy on investment and development of the school according to law provisions;

d) To supervise the implementation of resolutions of the school council and the implementation of the democratic practice in activities of the school;

dd) To nominate appropriate persons with competent authorities specified in clause 1 Article 12 of this Model Charter to be the Principal;

e) To make resolution of matters related to organization and human resources of the school according to law provisions.

3. Members of the school council shall include: representatives of Communist Party of Vietnam, School management board, teachers, representatives of production units and enterprises of the school (if any). Total members of the school council shall be an odd number, including the chairperson, the vice-chairperson and other members. The chairperson and the vice-chairperson shall be elected by members of the school council under the majority rule.

4. The tenure of the school council shall be 5 year. The school council may use the organizational structure and seal of its school within the functions and tasks of a school council. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Heads of Central bodies of socio-political organizations managing vocational colleges; Presidents of People’s Committees of provinces shall prescribe the specific establishment, activities, powers and tasks of school council applicable to the affiliated public vocational colleges.

5. The school council members shall be convened for regular meeting at least every 3 months by the chairperson of the council.  A decision of the school council shall be effective only when agreed by more than haft of the council. If only a haft of members of the council agree with the decision, the final decision shall be made by the chairperson of the council.

Article 10. Board of Directors

1. The Board of directors shall be the organization representing the ownership of the school that is responsible for making decisions on operation policy of the school, mobilize and supervise the use of human and equipment resources of school, ensuring the fulfillment of vocational target.

2. The Board of Directors shall fulfill tasks and powers specified in points a, b, c, d, e clause 2 Article 9 of this Model Charter and shall be entitled to select a person to be the Principal and request the Minister of Labor, War Invalids and Social Affairs to make the decision on recognition of such selection.

3. The number of total members of the Board of Directors must be an odd number that must not exceed 11, including the chairperson, the vice-chairperson and other members recognized by the Minister of Labor, War Invalids and Social Affairs in decision. Members of the first tenure of the Board of Directors shall be nominated by the organization or individual group applying for establishment of the school. From the second tenure, the establishment of the Board of Directors shall be conducted on the principle of direct election in form of ballot in the congress of co-tenant member according to their contribution. The tenure of the Board of Directors shall be 5 year. The Board of Directors may use the organizational structure and seal of its school within the functions and tasks of a board of directors.

4. Members of Board of Directors shall be convened for regular meeting at least every 3 months by the chairperson of the Board of Directors.  A decision of the Board of Directors shall be effective only when agreed by more than haft of the board. If only a haft of members of the board agree with the decision, the final decision shall be made by the chairperson of the board.

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

Article 11. Standards and conditions for appointment of Principal

1. The Principal of a vocational college must satisfy the following conditions:

a) Have a moral life and a good background; be reliable about professional competence; have health conditions and capability sufficient for managing and directing activities of the school;

b) Have qualifications of master level or higher in specialities associated with educational duties of the school; have received professional training in school management;

c) Have been working as a teacher or have been working in vocational training management for at least 5 years.

2. Conditions for appointment or recognition of Principal

a) Regarding public schools, persons to be appointed as the Principal must age not more than 55 (applicable to males) or 50 (applicable to females);

b) Regarding private schools, the Principal must not be an official or a public employee.

Article 12. Appointment/recognition of Principal

1. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Heads of Central bodies of socio-political organizations and Presidents of the People’s Committees of provinces shall be competent to appoint appropriate persons as Principals of affiliated public vocational colleges.

2. The Minister of Labor, War Invalids and Social Affairs shall be competent to recognize Principals of private vocational colleges at the requests of Board of Directors or individual owners of the schools.

3. The tenure of a Principal shall be 5 years.

Article 13. Tasks of the Principal

The Principal shall be responsible for managing and controlling activities of schools according to provisions of this Model Charter and other relevant law provisions. A Principal shall have the following tasks:

1. Conduct the implementation of resolutions of the school council (applicable to public schools specified in clause 2 Article 9) or of Board of Directors (applicable to private school specified in clause 2 Article 10 of this Model Charter.

2. Manage facilities, properties, and financial conditions of the school and organize the effective use of resources to serve the vocational training according to law provisions.

3. Take care of working conditions, teaching and learning conditions.

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

5. Conduct the implementation of democratic practice in the school; the implementation of policies of the State on managers, teachers and learners in the school.

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

7. Comply sufficiently and promptly with regulations on periodic and irregular reporting according to law provisions.

Article 14. Powers of the Principal

1. To make decisions on the taking of measures serving the implementation of policies, tasks and entitlements of the school according to regulations in Article 6 and 7 of this Model Charter.

2. To make decisions on the recruitment or labor contract conclusion for teachers and employees according to law provisions and the school’s Charter.

3. To make decisions on the rewards and disciplinary measures to be provided or imposed on teachers, employees and learners within competence.

4. To make decisions on establishment or dissolution of consultation commissions of the school.

5. To make decisions on appointment of chiefs/vice-chiefs of departments/faculties/subject groups of the school and research/production/service units serving vocational training of the school according to the arrangement of competent authorities (applicable to public schools) or according to the resolutions of the Board of Directors or the individual owner of the school (applicable to private schools).

6. To grant certificates to learners according to regulations of the Minister of Labor, War Invalids and Social Affairs.

Article 15. Vice-principal

1. The Vice-principal of a vocational college must satisfy the following conditions:

a) Have a moral life and a good background; be reliable about professional competence; have health conditions and capability sufficient for managing the assigned fields of action;

b) Have qualifications of university level or higher. Apart from such conditions specified above, a Vice-principal in charge of training activities must have professional qualifications in accordance with the training mission of the school and must satisfy all conditions applicable to principals.

2. Conditions for appointment or recognition of Vice-principal:

a) Regarding public schools, persons to be appointed as the Vice-principal of a school must age not more than 55 (applicable to males) or 50 (applicable to females);

b) Regarding private schools, the Vice-principal must not be an official or a public employee.

3. Competence to appoint a person as the Vice-principal:

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Heads of Central bodies of socio-political organizations and Presidents of the People’s Committees of provinces shall be competent to assign the Vice-principals of affiliated public vocational colleges.

4. Tasks and powers of Vice-principals:

a) To assist the Principal in the management and direction of activities of their schools; directly take charge of a number of fields of action according to the arrangement of the Principals and other tasks assigned by the Principals;

b) When carrying out tasks assigned by the Principal, the Vice-principal shall, on behalf of the Principal, take responsibility before the law and the Principal for the results of the assigned tasks.

5. The tenure of a Vice-principal shall be 5 years.

Article 16. Vocational-training program and coursebook appraisal commission

1. Vocational-training program and coursebook appraisal commission (hereinafter referred to as the Appraisal Commission) shall be an advisory organization that assists the Principal to appraise the programs and coursebooks of vocational colleges.

2. The Appraisal Commission shall include: teachers and managers of the school; scientific and technical staffs and employers expert in the to be-appraised specialities. The Appraisal Commission shall include 5 to 9 members depending on the to be-appraised programs/coursebooks. The Appraisal Commission shall include the chairperson, the deputy chairperson, the clerk and commissioners.

3. The Appraisal Commission shall be established according to the decision of the Principal. Each Commission shall be in charge of conducting appraisal of programs and coursebooks of one speciality. Tasks and powers of specific member of the Appraisal Commission shall be prescribed by the Principal. The Appraisal Commission shall be automatically dissolved when the task assigned by the Principal has been completed.

4. Rules of the Appraisal Commission:

a) The Appraisal Commission shall be operated under the control of the chairperson;

b) The meeting for appraisal of a program/coursebook of the commission must be attended by at least 3/4 of total members of the commission;

c) The commission shall be operated on the democratic principle. Members of the Commission shall conduct open analysis and assessment of good side and bad side of the appraised program/coursebook. The chairperson of the commission shall make conclusion of the appraisal results on the basis of votes under the majority rule of members of the commission attending the meeting for appraisal of such program/coursebook. Any opinions different from the conclusion of the chairperson of the commission shall be reserved and reported to the Principal.

Article 17. Other consultation commissions

Other consultation commissions in a vocational college shall be established by the Principal to collect suggestions from managers, teachers and representatives of organizations in the school serving the conduct of a number of tasks within the competence and power of the Principal.

Tasks, powers, operational structure and members of specific consultation commission shall be prescribed by the Principal.

Article 18. Registrar office and other specialized and professional departments

1. Registrar office

Any vocational college must have a registrar office to carry out the following main tasks:

a) To assist the Principal to perform the following tasks:

- Formulate and conduct annual teaching plans and long-term teaching plans of the school;

- Formulate plans on and organize the formulation of vocational training programs, coursebooks and materials;

- Formulate plans on and organize the enrolment process, graduation exams and the issuance of certificates;

- Conduct and manage the education and training activities;

- Manage the organization of exam and evaluation according to regulations;

- Build up and conduct plans on improvement of professional knowledge and skills for teachers.

b) To conduct training activities like: formulating tables about work related to training, teaching and learning, practicing, intern; to supervise and conduct assessment of quality of vocational training; to make reports according to regulations of the Ministry of Labor, War Invalids and Social Affairs, of superior management authorities and of thee Principal.

c) Other tasks as assigned by the Principal.

2. Other specialized and professional departments

Other specialized and professional departments shall be responsible for giving advices to the Principal in the management, collection, proposal and conduct of main activities of the school like: administration; organization, personnel; general and foreign activities; learner management; finance management, equipment management and fundamental construction.

3. Registrar office and any specialized and professional departments specified in clauses 1 and 2 of this Article must have a chief and, may be, one or a number of vice-chiefs appointed by the Principal. Any persons to be appointed as a chief/vice-chief of the registrar office or a specialized or professional department of a public vocational college must age not more than 55, applicable to males, or 50, applicable to females.

4. The Principal shall make decision on the establishment of the registrar office and specialized and professional departments specified in clauses 1 and 2 of this Article according to the organizational structure of the school that has been approved in the Charter of the school specified in Article 5 of this Model Charter.

Article 19. Faculties and subject managements of the school

1. Faculties shall be organized according to specialities or groups of specialities; subject managements shall be organized according to groups of subjects. Depending on training scope and specialities, the Principal shall make decisions on establishment of faculties and subject managements of the school according to the organizational structure of the school that has been approved in the Charter of school provided for in Article 5 of this Model Charter.

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

a) To conduct teaching and learning plans and other extra-curricular activities according to annual teaching plans of the school;

b) To conduct the compilation of programs, coursebooks and teaching materials when being assigned; to conduct researches for improving contents and methods of vocational education to increase the training quality;

c) To conduct experimental activities, scientific researches and apply advance technique and technology in vocational training;

d) To manage teachers, employees and learners of their units;

dd) To manage and utilize effectively facilities and equipment according to regulations prescribed by the Principal; to propose and formulate supplementary plans, restore vocational training equipment;

e) To make and send reports according to regulations prescribed by the Principal.

3. Faculties and subject managements shall be under the management of a chief of faculty/chief of subject management and vice-chiefs of faculty/vice-chiefs of subject management who are appointed by the Principal.

The chief of faculty and the chief of subject management shall be responsible for managing and directing activities of his/her faculty according to the tasks specified in clause 2 of this Article and according to the assignment of the Principal.

Article 20. Research and service units serving vocational education and enterprises affiliated to the school

1. Affiliated units to vocational colleges may be established to serve vocational training activities, such as libraries, scientific research centers, Centers for application of technique and technology; workshops; tradition preservation rooms; clubs; recreation and sport centers; dormitories and refectories.

The management of the operation of such units shall be decided by the Principal according to law provisions.

2. Enterprises or production and service establishments affiliated to vocational colleges may be established, enabling learners and teachers of the colleges to practice to enhance their professional skills. The establishment of enterprises or production/service establishments and the conduct of production and business activities of colleges shall conform to law provisions.

Article 21. Communist Party of Vietnam organizations, unions and social organizations

1. Communist Party of Vietnam organizations in vocational colleges shall be operated according to Constitution and law provisions and regulations of Communist Party of Vietnam.

2. Unions and social organizations in vocational colleges shall be operated according to provisions of Constitutions, laws and Charters of such organizations and shall be responsible to contributing in the fulfillment of training target.

Chapter 4.

ORGANIZATION OF VOCATIONAL TRAININIG

Article 22. Principles and motto for vocational training

Study must be accompanied by practice; practice of skills shall be the main focus; the education of moral and professional conscience and the practice of sense of organization and discipline and industrial manners shall be focused; ensuring the comprehensive education.

Article 23. Specialities

1. Vocational colleges may provide training in specialities specified in the list of specialities according to regulations. The addition of specialities which have not been included in the list of specialities shall be conducted according to regulations of the Minister of Labor, War Invalids and Social Affairs.

2. Vocational colleges shall predict regularly the demand for human resources who have received technical training in production or service to be provided for labor market so as to promptly adjust the scope and structure of the specialities and training level of schools.

Article 24. Program and coursebook

1. Depending on the framework programs of trade-school or vocational-college level applicable to specific specialities issued by the Minister of Labor, War Invalids and Social Affairs, vocational colleges shall formulate and issue their own vocational training program.

2. Vocational colleges shall formulate and issue vocational training program of primary level and regular vocational training program.

3. Vocational colleges shall regularly conduct assessment, update or supplement the vocational training program/coursebooks according to the technique and technology of production and service activities.

4. Vocational colleges shall conduct the compilation and issue vocational training books as materials for teaching and learning of their schools. Requirements for knowledge and skills prescribed in the vocational training program applicable to each module or subject must be specified in vocational training coursebooks.

Article 25. Enrollment

1. Vocational colleges shall formulate annual enrolment plans on the basis of the demand for human resources directly engaged in production and service activities of different branches and local areas and the training capacity of the schools.

2. Vocational colleges shall conduct enrolment activities according to the Regulation on enrolment of vocational learners issued by the Minister of Labor, War Invalids and Social Affairs.

Article 26. Testing, exam and evaluation

Vocational colleges shall evaluate the results of study, practice, self-improvement and participation in social activities of learners according to the Regulation on testing and exam and graduation recognition and Regulation on evaluation of practice results of students in formal vocational training facilities issued by the Minister of Labor, War Invalids and Social Affairs.

Article 27. Granting and management of certificates

Vocational colleges shall grant certificates to learners according to regulations of the Minister of Labor, War Invalids and Social Affairs.

Chapter 5.

TEACHERS, MANAGERS AND EMPLOYEES

Article 28. Requirements and standards for vocational teachers

1. A vocational teacher must satisfy the following requirements:

a) Having good quality, moral and ideology;

b) Satisfying standards specified in clause 2 of this Article;

c) Being in good health condition as career requirement;

d) Having clear personal resume.

2. Standards of vocational teachers.

a) Vocational teachers providing theory lessons of primary level must have graduated from trade schools or higher level; teachers providing practice lessons must have graduated from trade schools or higher level or must be artisans or high professional skill persons;

b) Vocational teachers providing theory lessons of immediate level must have graduated from universities of technical education or specialized universities; teachers providing practice lessons must have graduated from vocational colleges or must be artisans or high professional skill persons;

c) Vocational teachers providing theory lessons of college level must have graduated from universities of technical education or specialized universities; teachers providing practice lessons must have graduated from vocational colleges or must be artisans or high professional skill persons;

d) Vocational teachers specified in points a, b and c of this clause who have not graduated from colleges or universities of technical education must have certificates of vocational teachers;

dd) Other standards for vocation teachers conformable to regulations of the Minister of Labor, War Invalids and Social Affairs.

Article 29. Tasks of teachers

1. Provide training conformable to the regulated contents and program and the assigned tasks.

2. Exemplarily in implementation of the duties of a citizen and legal provisions; in the compliance with regulations of schools; in participation in common activities of schools and with other organizations of local areas where the schools are headquartered.

3. Continuously learn and improve professional knowledge and skill; practice to improve moral quality; maintain prestige and honor of a teacher.

4. Respect the personality of learners and treat the learners equally; protect the legitimate rights and interests of learners.

5. Receive the supervision of school managements about contents and quality of teaching methods and scientific research methods.

6. Fulfill other tasks assigned by school/faculty/subject managements.

7. Other tasks as prescribed in law.

Article 30. Rights of teachers

1. To teach the subject that they have been trained.

2. To choose teaching methods and means which help them to uphold their personal capacity to improve training quality and effect.

3. To use coursebooks, training materials and equipment of schools to provide training.

4. To be provided with training to improve professional knowledge and skill according to law provisions.

5. To be protected the dignity and prestige. To join in discussion and contribute ideas about teaching program/contents/methods. To join in discussions and contribute ideas about policies and plans on development of vocational training programs and school management and matters related to interests of teachers.

6. To leave on summer vacation, holidays, new-year and other holidays and weekly days off according to law provisions.

7. To sign contracts to become visiting teachers and conduct scientific experimental researches in other vocational training facilities or educational institutions, provided that duties specified in Article 29 of this Model Charter are satisfied.

8. To be eligible for policies specified in Articles 80, 81 and 82 of the Law on Education; clause 2 Article 62 and Article 72 of the Law on Vocational training.

9. To enjoy other rights prescribed by law.

Article 31. Tasks and powers of managers and employees

Managers and employees who conduct the management and logistic works in vocational colleges shall strictly implement duties and responsibilities that are assigned and shall be eligible for interests prescribed by law and the labor contracts.

Article 32. Recruitment of teachers, managers and employees

1. Teachers, managers and employees who conduct the management and logistic works in public vocational colleges shall be recruited according to law provisions on managers and public employees and labor law provisions.

2. Teachers and managers and employees who conduct the management and logistic works in private vocational colleges shall be recruited according to labor law provisions.

Chapter 6.

LEARNERS

Article 33. Duties of learners

1. To learn and practice according to the teaching programs and plans of the schools.

2. To respect the teachers, managers and employees; unite with other learners and assist together in study; comply with regulations of the schools and law provisions.

3. To pay the tuition fee according to regulations.

4. To participate in social activities and environmental protection activities.

5. To maintain and preserve the assets of the schools and of production establishments where the practice occurs.

6. To comply with regulations on labor safety and labor hygiene.

7. To have polite and healthy lifestyle; to participate in the formulation, protection and development of schools’ tradition.

Article 34. Rights of learners

1. To be provided with training according to the target or the vocational training contracts that have been concluded with the schools.

2. To be allowed to shorten the duration of the program or to be allowed to repeat classes.

3. To be allowed to reserved the study results according to law provisions.

4. To be respected and treat equally by schools, timely provided with information related to their study.

5. To be granted with certificates corresponding to their level according to regulations.

6. To be allowed to participate in activities of unions and social organizations in schools.

7. To be allowed to use facilities and equipment of schools for the learning, practicing and cultural and sport activities. To be ensure conditions about labor hygiene and safety during the study and practice process according to law provisions.

8. To directly, or through legal representatives of learner collectives, propose motions to schools about solutions to contribute to the development of the schools and protect the legitimate rights and interests of learners.

9. To be eligible for policies applicable to vocational training learners according to law provisions.

Chapter 7.

ASSETS AND FINANCE

Article 35. Management and use of assets

1. Public vocational colleges shall manage and use according to law provisions land, houses, construction works, production and business establishments, equipment, assets allocated by the state and assets purchased or built by the schools or presented by other individuals and organizations to ensure the provision of vocational training of the schools.

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

3. Annually, the schools must produce inventories and conduct assessment and re-assessment of the value of the assets and make and submit reports according to law provisions.

Article 36. Finance resources

1. Finance resources of a public vocational college include:

a) Fund from the state budget, including:

- Regular funding;

- Funding for conduct of scientific research projects and other tasks assigned by the State;

- Funding for running the training program and for providing training for teachers and managers;

- Funding conducting of National target programs;

- Funding for conducting vocational training tasks ordered by the State;

- Fund from investment for fundamental construction, funding for purchase of equipment serving vocational training according to annual plans approved by competent authorities;

- Counterpart fund for the conduct of plans approved by competent authorities;

- Other fund.

b) Receipts from career activities of the schools, including:

- Tuition fees paid by the learners;

- Money collected from service and other career activities;

- Interests from joint-venture or association activities and bank interests.

c) Subsidies and funds.

d) Other sources.

2. Finance resources of a private vocational college include:

a) The collection of tuition fees and charges according to regulations of the state.

b) The collection from scientific researches and production and service activities according to law provisions.

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

d) Fund from the state budget (if any), including:

- Funding for conducting vocational training tasks ordered by the State;

- Funding for the conduct of National target programs;

- Supportive budget for the conduct of scientific research projects serving vocational training;

- Funding for running the training program and for providing training for teachers and managers;

- Funds and interest rate subsidies;

- Other fund.

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

Article 37. Expenses

1. Recurrent expenses, including:

a) Spending on vocational training activities according to the assigned tasks;

b) Spending on production and service activities of the schools including other amounts payable to state budget, fixed asset depreciation, payment of loan principals and interests according to law provisions.

2. Non-recurring expenses, including:

a) Spending on the conduct of scientific research projects;

b) Spending on the running of target program;

c) Spending on the fulfillment of vocational training tasks ordered by the State;

d) Spending on the running of training program and training for teachers, managers and employees;

dd) Spending as reciprocal capital for the conduct of foreign-funded projects under regulations;

e) Spending on the conduct of irregular tasks assigned by competent authorities;

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

h) Spending on joint-venture and association activities;

i) Other expenses as prescribed in law.

Article 38. Finance management

1. Public vocational colleges shall conduct finance management according to regulations in Decree No. 43/2006/ND-CP dated April 25, 2006 by the Government.

2. Private vocational colleges shall conduct finance management according to regulations in Decree No. 53/2006/ND-CP dated May 25, 2006 by the Government.

Chapter 8.

RELATIONSHIP BETWEEN SCHOOLS AND ENTERPRISES, FAMILIES AND SOCIETY

Article 39. Relationship between schools and enterprises

Vocational colleges shall initiatively cooperate with enterprises in provision of vocational training activities, including:

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

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

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

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

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

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

Article 40. Relationship between schools and families of learners

1. The schools shall publish enrolment plans, enrolment target, enrolment standards and enrolment regulations for vocational training and policies for learners every year.

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

Article 41. Relationship between schools and society

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

2. The schools shall regularly cooperate with functional agencies relevant Ministries, authorities and regulatory bodies and production and business establishments in the determination of vocational training demand, associating vocational training with employment and labor market.

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

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

Chapter 9.

INSPECTION, REWARD AND ACTIONS AGAINST VIOLATIONS

Article 42. Inspection

1. Vocational colleges conduct self-inspection according to regulations of the Minister of Labor, War Invalids and Social Affairs.

2. Vocational colleges shall bear the inspection of vocational training inspectors, of competent agencies and of governing bodies (if any) according to law provisions.

Article 43. Award

Individuals and collectives of vocational colleges who comply effectively with the Model Charter and/or make great contribution in the vocational training career shall be presented awards according to law provisions.

Article 44. Actions against violations

1. Any individuals committing violations against regulations in this Model Charter shall, depending on nature and severity of the violations, incur disciplinary measures, administrative penalties or criminal prosecution and shall pay the compensation for the damage (if any) according to law provisions.

2. Any vocational colleges, units or organizations of the schools committing violations against regulations in this Model Charter shall, depending on nature and severity of the violations, incur be administratively sanction and shall pay the compensation for the damage (if any) according to law provisions.

3. Competence in handling violations specified in clauses 1 and 2 of this Article shall be conformable to law provisions./.