Quyết định 72/2008/QD-BLDTBXH

DECISION

PROMULGATING THE REGULATION ON VOCATIONAL TRAINING REGISTRATION

THE MINISTER OF LABOR WAR INVALIDS AND SOCIAL AFFAIRS

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;
At the proposal of the Director General of Vocational Training,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on vocational training registration.

Article 2. This Decision takes effect 15 days after its publication in "CONG BAO." All previous provisions which are contrary to this Decision are annulled.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of central agencies of socio­political organizations having vocational colleges, vocational intermediate schools and vocational training centers; chairpersons of People's Committees of provinces and centrally run cities; the chief of the Ministry's Office, the Director General of Vocational Training; directors of Labor, War Invalids and Social Affairs Departments of provinces and centrally run cities, and heads of concerned agencies and units shall implement this Decision.

REGULATION

ON VOCATIONAL TRAINING REGISTRATION

(Promulgated together with the Labor, War Invalids and Social Affairs Minister's Decision No. 72/2008/QD-BLDTBXH of December 30, 2008)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation prescribes the order and procedures to register vocational training activities and grant vocational training registration certificates; additional registration of vocational training activities; and withdrawal of vocational training registration certificates.

Article 2. Subjects of application

1. This Regulation applies to:

a/ Public, private and foreign-invested vocational colleges, vocational intermediate schools and vocational training centers;

b/ Universities, colleges, professional secondary schools and other educational institutions engaged in vocational training (below collectively referred to as educational institutions);

c/ Enterprises, cooperatives, and production, business and service establishments (below collectively referred to as enterprises) engaged in elementary-level vocational training.

2. This Regulation does not apply to enterprises that enroll vocational trainees and apprentices for free training to work for these enterprises.

Article 3. Purposes of vocational training registration

Vocational training registration aims to enhance vocational training quality management of vocational training establishments to ensure that vocational training activities comply with law.

Article 4. Vocational training registration requirements

1. Vocational training establishments specified in Clause 1, Article 2 of this Regulation may enroll trainees after they are granted vocational training registration certificates by competent state agencies.

2. Vocational training registration must comply with law; registration procedures must be simple and convenient and guarantee the improvement of vocational training quality.

Chapter II

ORDER OF AND PROCEDURES FOR REGISTRATION AND GRANT OF VOCATIONAL TRAINING REGISTRATION CERTIFICATES

Article 5. Vocational training registration order

The order of vocational training registration involves the following steps:

1. Submission of vocational training registration dossiers:

2. Receipt and evaluation of vocational training registration dossiers;

3. Grant of vocational training registration certificates.

Article 6. 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 application for vocational training registration (made according to Form No. 1 attached to this Decision, not printed herein);

b/ A copy of the decision on establishment or permission for establishment of the college, school or center:

c/ A report on the applicant's current conditions to guarantee the training of registered trades (made according to Form No. 2 attached to this Decision, not printed herein). Such report covers the following major contents:

- General information on material foundations, equipment, administrators and trainers of the college, school or center, which covers basic information such as overview of material foundations, works and general classrooms; total number of full-time and visiting trainers; and list of trainers teaching general subjects at the college, school or center;

- Existing material foundations, equipment, trainers, curricula and training manuals and documents for trades registered for training:

- A report on material foundations, equipment and trainers of trades registered for training at the applicant's branches/other training establishments, if any;

d/ A copy of the charter of the vocational college or vocational intermediate school or the regulation of the vocational training center approved by a competent agency or organization;

e/ Curricula for trades registered for training:

f/ Papers evidencing the conditions specified in Article 8 of this Regulation.

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

a/ An application for vocational training registration (made according to Form No. 1 attached to this Decision, not printed herein);

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

c/ A report on the applicant's current conditions to guarantee the training of registered trades under Point c, Clause 1 of this Article;

d/ A copy of the charter of the vocational college approved by the Director General of Vocational Training; or the charter of the vocational intermediate school or the regulation of the vocational training center approved by the chairperson of the People's Committee of the province or centrally run city where the college, school or center is headquartered;

e/ Curricula for trades registered for training;

f/ Papers evidencing the conditions specified in Article 8 of this Regulation.

3. For educational institutions and enterprises specified at Points b and c. Clause 1, Article 2 of this Regulation, a registration dossier comprises:

a/ An application for vocational training registration (made according to Form No. 1 attached to this Decision, not printed herein);

b/ A copy of the establishment decision;

c/ A copy of the decision to appoint or recognize the head of the educational institution or enterprise;

d/ A report on the material foundations, equipment, trainers and administrators; curricula and training manuals for trades registered for training (made according to Form No. 3 attached to this Decision, not printed herein). Such report covers the following major contents:

- General information on material foundations, equipment, administrators and trainers of the establishment, which must cover basic information such as material foundations, works and general classrooms: total number of full-time and visiting trainers; and list of trainers teaching general subjects and the general training scale of all current training levels;

- Existing material foundations, equipment, trainers, curricula, training manuals and documents for each trade registered for training (to report only separate material foundations, equipment and trainers for trades registered for training without incorporating with those under other training forms):

- A report on the material foundations, equipment and trainers of trades registered for training at the applicant's branches/other training establishments, if any;

e/ A copy of the charter or organization and operation regulation approved by a competent agency;

f/ Curricula for trades registered for training;

g/ Paper evidencing the conditions specified in Article 8 of this Regulation.

4. For training of jobs in the medicine and pharmacy sector; drivers of road motor vehicles; steersmen of inland waterway and seagoing ships, train drivers; and bodyguards, in addition to the requirements specified in Clauses 1. 2 and 3 of this Article, a vocational training registration dossier must contain the relevant ministry's written certification of eligibility for training in those jobs.

Article 7. Order of and procedures for registration and grant of vocational training registration certificates

1. Vocational colleges and colleges and universities engaged in vocational training:

a/ Vocational colleges and colleges and universities shall submit vocational training registration dossiers to the Vocational Training Directorate;

b/ Within 20 working days after receiving complete and valid dossiers, the Vocational Training Directorate shall evaluate dossiers and grant vocational training registration certificates (made according to Form No. 4 attached to this Decision, 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 Vocational Training Directorate shall send a copy of this certificate to the Labor. War Invalids and Social Affairs Department of the province or city where the vocational college; or college or university is headquartered for management.

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

a/ Vocational intermediate schools, vocational training centers, professional secondary schools, other educational institutions and enterprises shall submit vocational training registration dossiers to Labor, War Invalids and Social Affairs Departments of the provinces or cities where they are headquartered;

b/ Within 15 working days after receiving complete and valid dossiers, provincial-level Labor, War Invalids and Social Affairs Departments shall evaluate dossiers and grant vocational training registration certificates (made according to Form No. 5 attached to this Decision, not printed herein); in case of refusal, they shall issue a written reply clearly stating the reason.

Article 8. 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 Ministry of Labor, War Invalids and Social Affairs;

For jobs which are not on such list, schools shall report thereon to relevant line ministries which shall propose in writing to the Ministry of Labor, War Invalids and Social Affairs to add them to the list before they are registered for training.

b/ Material foundations must be suitable to trained jobs and the training scale and levels and built according to Vietnam construction standard TCXD VN 630: 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 suitable to trained jobs and the training scale and levels. Main teaching aids must match technological levels of current production and services; and be sufficient to meet requirements on trained jobs and the training scale as registered;

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

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

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

2. For jobs trained at elementary level

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

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 equivalent trainers not exceeding 20 students/ trainer; having full-time trainers of trained jobs;

c/ Having sufficient vocational training curricula under regulations.

Article 9. Competence to grant vocational training registration certificates

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

2. 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 AND WITHDRAWAL OF VOCATIONAL TRAINING REGISTRATION CERTIFICATES

Article 10. Additional registration of vocational training

1. Vocational training establishments specified in Clause 1. Article 2 of this Regulation that have obtained vocational training registration certificates shall make additional registration of vocational training in the following cases:

a/ Adding trained jobs:

b/ Changing training levels;

c/ Raising the training scale by at least 20% (twenty per cent) per year (including training association activities);

d/ Relocating headquarters or branches/other training establishments to other places;

e/ Having additional training functions and tasks under decisions of competent agencies or organizations;

f/ Establishing new branches or training establishments.

2. A dossier of additional registration of vocational training comprises:

a/ A copy of the granted vocational training registration certificate;

b/ An application for additional registration (made according to Form No. 6 attached to this Decision, not printed herein);

c/ A written explanation on additional registration and the current conditions of material foundations, equipment, trainers and administrators; curricula and training manuals to guarantee such additional registration (made according to Form No. 7 attached to this Decision, not printed herein).

3. The registration order and procedures and conditions for obtaining, and competence to grant, certificates of additional registration of vocational training comply with Articles 7, 8 and 9 of this Regulation. Certificates of additional registration of vocational training shall be made according to Form No. 8 attached to this Decision (not printed herein).

Article 11. Withdrawal of vocational training registration certificates

1. When terminating operation, vocational training establishments which have obtained vocational training registration certificates shall return these certificates to the certificate granting agencies.

2. Certificate granting agencies specified in Article 9 of this Regulation may withdraw granted vocational training registration certificates when vocational training establishments administratively violate regulations on vocational training under the law on administrative sanctioning in the vocational training domain.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 12. Responsibilities of the Vocational Training Directorate

1. To guide and organize the vocational training registration;

2. To inspect and examine the vocational training registration:

3. To receive and evaluate registration dossiers, to grant and withdraw registration certificates and additional registration certificates under Clause 1, Article 7; Clause 1. Article 9: and Articles 10 and 11. of this Regulation.

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

1. To guide and organize the vocational training registration in their localities:

2. To receive and evaluate registration dossiers, to grant and withdraw registration certificates and additional registration certificates under Clause 2, Article 7; Clause 2, Article 9: and Articles 10 and 11, of this Regulation.

3. To biannually and annually review and report on the vocational training registration in their localities to the Vocational Training Directorate:

4. To inspect and examine activities of vocational training establishments which have obtained vocational training registration certificates in their localities.

Article 14. Responsibilities of ministries and branches

Ministries, ministerial-level agencies, government-attached agencies and central agencies of socio-political organizations having vocational training establishments shall:

1. Direct vocational training establishments under their management to register vocational training activities;

2. To examine activities of vocational training establishments under their management.

Article 15. Responsibilities of vocational training establishments

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 establishment or establishment permission decisions or investment certificates:

2. Educational institutions and enterprises specified at Points b and c. Clause 1. Article 2 of this Regulation which meet vocational training requirements under regulations shall register vocational training activities:

3. Operating vocational training establish­ments established before the effective date of this Regulation which have not yet registered vocational training activities shall do so within 6 months after the effective date of this Regulation:

4. Vocational training establishments which obtained vocational training registration certificates before the date of promulgation of this Regulation shall, within 12 months after the effective date of this Regulation, carry out procedures for consideration and re-grant of vocational training registration certificates under this Regulation.-