Nghị định 02/2001/ND-CP

Decree No. 02/2001/ND-CP of January 09, 2001, detailing the implementation of The Labor Code and The Education Law regarding job training.

Decree No. 02/2001/ND-CP of January 09, 2001, detailing the implementation of The Labor Code and The Education Law regarding job training. đã được thay thế bởi Decree of Government No. 139/2006/ND-CP of November 20, 2006 detailing and guiding the implementation of a number of articles of the education law and the labor code regarding vocational training và được áp dụng kể từ ngày 11/01/2007.

Nội dung toàn văn Decree No. 02/2001/ND-CP of January 09, 2001, detailing the implementation of The Labor Code and The Education Law regarding job training.


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 02/2001/ND-CP

Hanoi,, January 09, 2001

 

DECREE

DETAILING THE IMPLEMENTATION OF THE LABOR CODE AND THE EDUCATION LAW REGARDING JOB TRAINING

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the June 23, 1994 Labor Code;
Pursuant to the December 2, 1998 Education Law;
At the proposal of the Ministry of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree details the implementation of the Labor Code and the Education Law regarding job-training organization and activities, job-training service and counseling activities; various organizational forms of job-training establishments; rights, interests and responsibilities of job-training establishments, job trainers and job trainees; investment and preferential treatment policies for job training; and the State management over job training.

Article 2.-

1. Job-training schools, job-training centers and job-training classes (collectively called job-training establishments) shall be organized independently or attached to production and business, service establishments or other educational establishments according to the provisions in this Decree.

2. Job-training establishments prescribed in Clause 1 of this Article shall include:

a/ Public job-training establishments, which are set up, invested and have their managerial and executive apparatuses organized under decisions of competent State bodies;

b/ Semi-public job-training establishments, which are set up on the basis of joint cooperation between State bodies and organizations and/or individuals of different economic sectors or ownership types, or the transformation of public job-training establishments; their management and administration shall comply with law provisions;

c/ People-founded job-training establishments, which are set up and invested with capital sources other than the State budget, managed and administered by political organizations, socio-political organizations, economic organizations, socio-professional organizations or social organizations according to law provisions and their own operation purposes and principles;

d/ Job-training establishments of enterprises of all economic sectors (hereinafter collectively called enterprises), or cooperatives, which are set up to provide job training, complementary job training, as well as professional and skill fostering for laborers so as to meet the requirements for production and business development and changes in the production structure and technologies of enterprises and cooperatives, and create conditions for laborers to find or create jobs by themselves;

e/ Private job-training establishments, which are set up and managed by qualified individuals or groups of qualified individuals according to law provisions;

f/ Job-training establishments, which are invested, constructed, organized and operated by overseas Vietnamese, foreign organizations or individuals, international organizations based in Vietnam (hereinafter collectively called foreign-invested job-training establishments) according to the provisions in this Decree and relevant legislation of Vietnam.

Article 3.-

1. The Government encourages and creates favorable conditions for organizations and individuals inside and outside the country to invest in building and developing job-training establishments so as to meet the country’s social and economic development demands:

a/ To give training in general jobs in order to create employment for unemployed people and job-losing laborers, or in other jobs to meet the demands of the labor market;

b/ To provide job training combined with recruitment of job trainees who have completed job training to work at enterprises or cooperatives; job re-training for laborers to transfer to other jobs within enterprises; training in reserve jobs for female laborers;

c/ To provide job training linked with job creation at employment promotion centers, centers for development and application of technical advances, transfer of new technologies and other service establishments;

d/ To provide job training and complementary job training for laborers to meet the demands of labor and expert export;

e/ To provide job training in conformity with the operation objectives of organizations that have set up people-founded job-training establishments;

f/ To provide professional and skill fostering, transfer technical advances and new technologies to teachers, staff and Vietnamese workers working at foreign-owned job-training establishments;

g/ Laborers may learn jobs in the forms of on-the-job training, correspondence learning and guided self-study according to the job-training program set by the Ministry of Labor, War Invalids and Social Affairs. After completing the program, those who are eligible may sit examinations, take tests and those who satisfy requirements shall be granted job-training graduation diplomas or job certificates.

2. Priority shall be given to developing job-training and proper preferential policies be adopted for job trainees and job-training establishments along the following directions:

a/ Job training exclusively for war invalids, sick soldiers, disabled people, ethnic minority people; job training for laborers in remote, deep-lying, mountainous and borders areas, islands; training in traditional crafts;

b/ Job trainees who are social policy beneficiaries; trainees of jobs with hard and harmful working conditions; addressed training for mountainous, highland and border areas, islands, shall enjoy appropriate preferential treatment policies on recruitment, scholarships, training fee reduction and exemption, graduation consideration according to the State’s regulations.

Article 4.-

1. Public, semi-public and people-founded job-training establishments shall be set up if they meet all the following conditions:

a/ Having theoretical teaching and practice facilities, equipment and means ensuring that trainees shall acquire job degrees and skills according to the registered training objectives; ensuring labor safety and hygiene conditions for trainees;

b/ Having a contingent of job trainers with the standard qualifications as provided for at Point d, Clause 1, Article 67 of the Education Law and in this Decree;

c/ Having the job-training program compliant with the job-training program formulation principles established by the Ministry of Labor, War Invalids and Social Affairs; having job trainers suited to the job-training objectives and contents;

d/ Having sufficient own capital and assets to ensure job-training activities.

2. The Ministry of Labor, War Invalids and Social Affairs shall establish principles for the elaboration and organization of the realization of job-training programs by job-training establishments; for selection, fostering and use of job trainers who have not yet had the standard qualifications; coordinate with the Ministry of Education and Training in prescribing the program on pedagogical fostering, and in providing pedagogical fostering for job trainers.

Article 5.-

1. Private job-training establishments with 10 trainees or more; job-training establishments of enterprises or cooperatives, which are organized in classes and collect training fees, must meet all the conditions specified in Clause 1, Article 4 of this Decree.

2. Private job-training establishments, job-training establishments of enterprises or cooperatives, with less than 10 trainees, which provide short-term job training in form of training guidance right at workshop, at home and collect training fees, must meet all the following conditions:

a/ Having job-training locations, job practice equipment and facilities suited to the trained jobs and ensuring labor hygiene and safety conditions for job trainees;

b/ Having skilled persons for practice guidance;

c/ Having enough tools, materials and raw materials for trainees to do practice;

d/ Having job-training contracts between job-training establishments and job trainees;

e/ Having registered themselves with the People’s Committees of communes, wards and townships where they are based and with the district-level Labor, War Invalids and Social Affairs Sections.

3. Enterprises, cooperatives which recruit people for job training or apprenticeship so as to work for them for a period committed in the job-training or apprenticeship contracts shall not have to register their job-training activities nor abide by the provisions in this Decree regarding the conditions for setting up job-training establishments, and must not collect training fees.

Article 6.- For foreign-invested job-training establishments in Vietnam, which are set up as job-training schools or job-training centers in the forms of joint venture, business cooperation or 100% foreign-owned capital to carry out job-training activities, the following provisions shall apply:

1. The setting up and dissolution of foreign-invested job-training establishments shall comply with the Law on Foreign Investment in Vietnam.

2. Foreign-invested job-training establishments must operate in strict accordance with the provisions in this Decree and Vietnamese laws, not causing any harm to the national security nor running counter to the moral and cultural traditions of the Vietnamese people as well as international agreements which Vietnam has signed or acceded to;

3. Foreign-invested job-training establishments must register their activities with the Ministry of Labor, War Invalids and Social Affairs.

Article 7.-

1. Public, semi-public, people-founded and private job-training establishments with 10 or more trainees, and enterprises’ or cooperatives’ job-training establishments organized into classes, shall have to register their job-training activities with the Labor, War Invalids and Social Affairs offices of the localities where they are based.

2. The following job-training establishments shall have to register their job-training activities with the General Department of Job Training under the Ministry of Labor, War Invalids and Social Affairs:

a/ Job-training schools, job-training centers attached to the central bodies of socio-political organizations, economic organizations, socio-professional organizations and social organizations;

b/ Job-training schools, job-training centers of the ministries, the ministerial-level agencies, the agencies attached to the Government, the provinces and centrally-run cities, assigned with the job-training and job-fostering tasks in service of labor export.

Article 8.-

1. Job-training establishments subject to registration of job-training activities must have their own charters, organization and operation regulations compliant with the job-training establishments’ charter and organization and operation regulations promulgated by the Ministry of Labor, War Invalids and Social Affairs; abide by the provisions of law and this Decree, respect and ensure the legitimate rights and interests of job trainees as prescribed by law and set in job-training contracts.

2. The relationship between job-training establishments and job trainees shall be established through regulations on the recruitment of job trainees or signing of job-training contracts. Job trainees must fully observe the charter and regulations of their job-training establishments.

Article 9.-

1. Organizations and individuals conducting service and counseling activities and collecting charges therefor in the domain of job training shall have to abide by the following provisions:

a/ Meeting all the conditions for conducting job-training service and counseling activities according to the regulations of the Ministry of Labor, War Invalids and Social Affairs;

b/ Registering the scope and contents of their job-training service and counseling activities with the Labor, War Invalids and Social Affairs Services of the provinces or cities where they are based or reside;

c/ Abiding by law provisions and contractual commitments toward beneficiaries of job-training services or counseling, taking responsibility before law for job-training service and counseling activities.

2. The Government encourages agencies and organizations to provide job-training counseling free of charge for citizens and laborers, who have such demand.

Chapter II

JOB TRAINING ORGANIZATION AND ACTIVITIES

Section I. LONG-TERM JOB TRAINING

Article 10.-

1. Long-term job training shall be conducted between 1 and 3 years at job-training schools. Qualified professional intermediate schools, colleges and universities may organize long-term job training according to the provisions of this Decree.

2. Long-term job training shall be reserved for those who meet all conditions for job training as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

3. The elaboration of long-term job training programs must be based on the program elaboration principles prescribed by the Ministry of Labor, War Invalids and Social Affairs. Job-training programs must be concretized into textbooks. The compilation of long-term job-training textbooks shall be organized by the schools’ principals. The evaluation of long-term and short-term job-training programs and textbooks shall be prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Article 11.- Standard qualifications of trainers for long-term job training shall be as follows:

1. They must hold a diploma of graduation from a technical pedagogic college or a specialized college; trainers who only teach job practice may be craftsmen or technicians or technical workers with a technical level two grades higher than the to be-trained job grade;

2. Teachers of other subjects must hold a diploma of graduation from a pedagogic college or another college or university;

3. For trainers and teachers mentioned in Clause 1 and Clause 2 of this Article, who have not yet acquired a diploma of graduation from a pedagogic college or university, they must have a certificate of pedagogic fostering.

Article 12.- Job-training establishments shall have the following tasks and powers:

1. To implement the program and work out training plans suited to trainees and job-training duration, provide professional and skill fostering for technical workers according to the job’s technical grade standards issued by competent State bodies;

2. To conduct research into job-training demands; organize long-term and short-term job training and provide job-training counseling;

3. To conduct research into and apply technical and technological advances to the training process;

4. To exploit and effectively use various resources for job training; provide technical services, conduct technological transfer, production and business activities compatible with the trained jobs as prescribed by law;

5. To organize the education and management of job trainees; coordinate with their families and the society in building a healthy educational environment; manage their trainers, staff and employees;

6. To organize and manage the training process, recognize the graduation and award job-training graduation diplomas, job certificates according to their competence;

7. To manage and use assets according to law provisions;

8. To participate in job universalization for laborers; coordinate with general education schools in providing general technical education and vocational guidance for pupils;

9. To enter into cooperation with economic, educational and scientific institutions so as to contribute to raising the training quality, combining job training with employment, seek supplementary financial sources for the schools;

10. To observe the regular and irregular reporting regimes at the requests of the bodies performing the State management over job training.

Article 13.-

1. Job-training schools shall be organized into specialized departments, study subject groups, functional sections, professional sections, support units, production, business and service units suited to the trained jobs.

2. Job trainees shall be organized into classes, groups and teams.

3. The principals shall be responsible for managing and executing their schools’ activities, and shall be assisted by vice-principals. The criteria, tasks, powers, procedures for appointment and recognition, of principals and vice-principals shall be prescribed by the Ministry of Labor, War Invalids and Social Affairs.

4. The principals shall set up training councils and other advisory councils to assist them in discharging their schools’ tasks and powers.

5. The composition, functions, tasks and powers of the organizations defined in Clause 1 and Clause 4 of this Article shall be stipulated in the job-training schools’ charters.

Article 14.- The principals of job-training schools shall grant job-training graduation diplomas; the principals of professional intermediate schools, colleges and universities, which have registered for long-term job training according to the regulations of the Ministry of Labor, War Invalids and Social Affairs, shall grant job-training graduation diplomas.

Article 15.- Job-training schools shall be established according to the planning already approved by competent State bodies.

1. The competence to establish job-training schools is prescribed as follows:

a/ The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall decide on the establishment of attached job-training schools after obtaining the written approval from the Ministry of Labor, War Invalids and Social Affairs;

b/ The presidents of the provincial People’s Committees shall decide on the establishment of job-training schools under the provincial management; permit the establishment of private job-training schools, job-training schools of political organizations, socio-political organizations, economic organizations, socio-professional organizations and social organizations based in the provinces or cities after receiving the proposals of individuals or heads of such organizations and obtaining the written approval from the Ministry of Labor, War Invalids and Social Affairs.

2. The procedures and dossiers of application for establishment of job-training schools and registration of their job-training activities shall be prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Article 16.-

1. The managerial level that makes decisions on the establishment of job-training schools shall be competent to decide on their operation suspension, merger, separation, splitting, dissolution as well as the transformation of public job-training schools into semi-public ones or the exclusion of such schools from the system of job-training schools.

2. The merger, separation and splitting of job-training schools, the transformation of public job-training schools into semi-public ones or the exclusion of such schools from the system of job-training schools shall be effected according to the requirements of planning on the network of job-training schools or at the requests of organizations and individuals that have established job-training schools on condition that there must be a written approval of the Ministry of Labor, War Invalids and Social Affairs, and the following principles must be adhered to:

a/ Contributing to raising the quality and effectiveness of job training;

b/ Ensuring the job trainees’ interests.

3. The procedures for submission and receipt of dossiers on the merger, separation or splitting of job-training schools shall comply with the regulations of the Ministry of Labor, War Invalids and Social Affairs.

Article 17.-

1. Job-training schools shall be suspended from operation if they seriously violate the regulations on their organization and operation, job training objectives, programs and plans, the rules on examinations and granting of diplomas and certificates or fail to ensure all the conditions specified in Clause 1, Article 4 of this Decree.

Job-training management bodies shall base themselves on the recommendations of job-training inspectors and the opinions of concerned units to submit their proposals on the suspension of operation of job-training schools to the competent levels for consideration and decision.

Any decision on the suspension of operation of a job-training school must clearly state the reasons for and the duration of suspension; problems to be overcome; the protection of the interests of the school’s trainers, managerial staff and job trainees; and proposal on inspection and assessment before a decision permitting the school to resume its operation can be made.

2. Job-training schools shall be considered for dissolution if they are unable to remedy their violations, fail to ensure all the conditions for job training after the time they are suspended from operation or they must be dissolved at the requests of organizations and individuals that have established them, or due to the requirements of planning on the system of job-training schools.

Decisions to dissolve job-training schools shall be executed after all the regimes and policies toward officials and employees, material responsibilities or the job trainees’ interest to continue their job training have been solved according to law provisions.

Section 2. SHORT-TERM JOB TRAINING

Article 18.-

1. Short-term job training shall be conducted for less than one year at job-training centers, job-training classes which are independent or attached to production and business, service establishments and other educational establishments.

Short-term job training shall be reserved for people with educational levels and health suited to the to be-trained jobs.

2. Short-term job-training may be organized in the form of in-class theoretical study and practice; training guidance at workshop, at home, focusing on practice, on-the-job training; technology transfer; and application of new scientific and technological knowledge as well as advanced production experiences.

Article 19.- Job-training centers, independent job-training classes may operate when they meet all the following conditions:

1. Being established according to law provisions;

2. Having all technical and material bases necessary for teaching and learning;

3. Having a sufficient number of trainers with the standard qualifications as prescribed in Article 20 of this Decree and guided by the Ministry of Labor, War Invalids and Social Affairs;

4. Having the contents, programs and textbooks suited to the job training objectives;

5. Having the organization and operation regulations of job-training centers.

Article 20.- Standard qualifications of trainers for short-term job training shall be as follows:

1. Theory-teaching trainers must hold a diploma of graduation from a technical-pedagogic college or a professional intermediate school.

2. Job practice-teaching trainers must be those who have high technical skills, or craftsmen, specialists;

3. For trainers mentioned in Clauses 1 and 2 of this Article who have not yet acquired a diploma of graduation from a pedagogic school, they must have a certificate of pedagogic fostering.

Article 21.- Job-training centers shall have the following tasks and powers

1. To organize the short-term job training, job fostering, professional fostering and job training counseling; organize refresher job training and dissemination of new technological and technical knowledge, new technologies and advanced production experiences;

2. To provide job training in close association with the labor market, give advice and introduce laborers to units that are in need of labor;

3. To organize and manage the training process and grant job certificates according to their competence;

4. To manage their staff, teachers, material bases and assets according to law provisions;

5. To provide technical services, conduct technology transfer, production and business activities in conformity with the trained jobs according to law provisions;

6. To coordinate with economic, educational, cultural, medical and scientific research organizations so as to closely associate job training with employment;

7. To observe the reporting regime prescribed by the bodies that exercise the State management over job training.

Article 22.- Directors of job-training centers shall have to manage and run their centers’ activities; they shall be assisted by deputy directors. Job-training centers shall be organized into functional and professional sections and teachers’ groups

Article 23.- Directors of job-training centers, principals of job-training schools and establishments that have registered for job training, principals of professional intermediate schools, colleges and universities which have registered for short-term job training according to the regulations of the Ministry of Labor, War Invalids and Social Affairs may grant job certificates.

Article 24.- The conditions, procedures and competence to decide the establishment, merger, separation, splitting, operation suspension and dissolution of job-training centers shall comply with the regulations of the Ministry of Labor, War Invalids and Social Affairs.

Section 3. FOREIGN-INVESTED JOB TRAINING

Article 25.- Foreign-invested job-training schools and centers shall have to abide by the provisions in Article 6 of this Decree as well as the following specific provisions:

1. They shall be only allowed to conduct job training and organize practice for job trainees according to the trained jobs prescribed in their investment licenses;

2. They must ensure the right to register for recruitment to learn jobs for all Vietnamese citizens and foreigners with their permanent residence or long-term temporary residence already registered in Vietnam, who have reached the eligible age and have had an educational level meeting the requirements of the to be-trained jobs and the enrolment criteria of the schools or centers;

3. They must give priority to recruiting Vietnamese citizens to work as trainers, managerial staff and technicians at the schools or centers. For trainers and staff who are required to have such high qualifications that the Vietnamese side cannot offer, the schools or centers shall be entitled to recruit foreigners who must be considered and granted work permits by the competent State bodies and shall enjoy privileges regarding entry, import tax, export tax, travel, and other privileges prescribed by law;

4. Basing themselves on their trained jobs, material bases and geographical areas of operation, they shall set training fee levels suited to each job and each geographical area where the job training is conducted. Job trainees shall pay training fees in the Vietnamese currency at the levels agreed upon between the job trainees and the schools or centers;

5. They must ensure the interests and obligations of Vietnamese laborers working under labor contracts at the schools or centers; the interests and obligations of job trainees under job-training contracts already signed with the schools or centers.

Article 26.-

1. Basing themselves on the training levels and grades, foreign-invested job-training schools and centers shall have to register with the Ministry of Labor, War Invalids and Social Affairs their job-training graduation diplomas and job certificates. Job-training graduation diplomas and job certificates granted by foreign-invested job-training schools and centers shall be legally valid throughout the Vietnamese territory. Such diplomas and certificates must be inscribed in both Vietnamese and a foreign language.

2. Principals of foreign-invested job-training schools shall grant job training graduation diplomas and job certificates; directors of foreign-invested job-training centers shall grant job certificates. Job-training graduation diplomas and job certificates shall be granted to job trainees right after their graduation from training courses.

Article 27.-

1. The competence to establish or dissolve foreign-invested job-training schools and centers shall comply with the provisions in Article 6 of this Decree.

2. Dossiers of registration, and procedures for dissolving foreign-invested job-training schools and centers shall be specified by the Ministry of Labor, War Invalids and Social Affairs.

Section 4. JOB-TRAINING CONTRACTS

Article 28.-

1. Job-training contracts reflect commitments between job training establishments and job trainees or between job training establishments and organizations or individuals that have job-training needs, regarding the rights, interests, obligations and responsibilities of each party during the job training period.

2. Each job-training contract shall be made according to the form set by the Ministry of Labor, War Invalids and Social Affairs in two copies of equal legal validity, each party shall keep one copy. Where the job-training period is under 15 days, the two concerned parties may enter into labor contract orally.

Article 29.-

1. Job trainees and job-training establishments must enter into labor contracts in the following cases:

a/ Job training at semi-public, people-founded and private job-training establishments, job-training establishments of enterprises and cooperatives; foreign-invested job-training establishments;

b/ Job training at public job-training establishments outside the State budget-funded training quotas assigned to such job-training establishments;

c/ Job trainees shall, after completing the training course, be assigned a job as designated in advance or work as export laborers or specialists.

2. Where a job-training establishment enters into a job-training contract with many people of an organization or individual that has job-training needs, the job-training contract must be enclosed with a list of job trainees.

Article 30.- A job-training contract must contain the following main details:

1. The name of the to be-trained job;

2. The training objective: the job level to be achieved, works to be performed and/or products to be made after completion of the training;

3. The time allocated to theoretical study and practice;

4. Types of machinery and equipment used for practice, way of organizing practice, labor safety devices, labor hygiene;

5. Locations of training and practice;

6. The training fee amount to be paid, the fee reduction or exemption level (if any), mode of fee payment;

7. Ways of arranging employment for job trainees after they complete job training;

8. Each partys responsibility to pay damages when breaching the job-training contract.

Article 31.-

1. Where an enterprise or cooperative recruits people for job training and then working for it, such job trainees shall not have to pay training fees and their job-training contracts must also contain the following contents:

a/ The time the job trainees shall have to work for the enterprise or cooperative after completing the job training;

b/ The level of remuneration to be paid to the job trainees when they personally make or participate in making products for the enterprise or cooperative during the job-training period. The remuneration level shall be agreed upon by the two parties on the basis of the profit-generating values.

2. For contracts on job training at job-training establishments in the form of job-training guidance at workshop and at home, apart from the contents stated in Article 30 of this Decree, they must clearly state the time the job trainees start receiving a remuneration and the remuneration level according to each period. The remuneration level shall be agreed upon by the two parties on the basis of the profit-generating values.

Article 32.-

1. A job trainee who unilaterally terminates the job training contract ahead of time shall not be refunded the already paid training fee. During the training time, if the job trainee is mobilized to perform the military service duty, is too sick to continue learning or if the job-training establishment fails to correctly perform the job training contract, he/she shall be refunded part of the training fee for the unfinished training time.

2. If a job-training establishment wishes to unilaterally terminate the job-training contract ahead of time, it shall have to clearly notify the reasons therefor to the body performing the State management over job training. If this body certifies that the contract termination is due to force majeure reasons, the job-training establishment shall not have to refund the trainees the collected job training fee; if due to other causes, the job-training establishment shall have to refund to the job trainees the whole of the collected training fee amounts.

3. For female job trainees, if getting pregnant during the process of performing the job-training contracts and obtaining from a hospital of the district or higher level a written certification that the performance of the job training contract shall adversely affect their pregnancy, they shall not have to compensate job-training costs when terminating the job-training contracts; after the maternity leave, if they wish and are still qualified, they shall be allowed to continue their training.

4. Where an enterprise or a cooperative recruits people for job training and then working for it, if a job trainee unilaterally terminates the job-training contract ahead of time, or, after completing the training course, does not work for the enterprise or cooperative or fails to work for the full period as committed in the job training contract with the enterprise or cooperative, he/she shall have to compensate job training costs.

Job-training costs shall include various expenses for trainers, training materials, school and classroom, machinery and equipment, materials for practice as well as other amounts already given as supports to the trainees. The compensation levels shall be determined by the enterprises or cooperatives, agreed upon in advance and clearly stated in the job training contracts.

5. If, past three months after the job training finishes, the enterprises or cooperatives fail to enter into labor contracts with job trainees, such job trainees shall be entitled to enter into labor contracts with other people without having to compensate the job-training costs.

6. For persons following addressed job training courses in mountainous, border areas or islands, after completing such job-training courses, they shall have to obey the posting or mobilization of the units or agencies that have sent them for training; if not, they shall have to compensate scholarships as well as job-training costs.

Chapter III

INVESTMENT AND PREFERENTIAL TREATMENT POLICIES FOR JOB TRAINING

Article 33.- Financial sources for investment in job training shall include:

1. The State budget (including central and local budgets), which shall play the key role among various investment sources for job training;

2. Capital invested by organizations and individuals in job training;

3. Training fees, money contributions for construction of schools and classrooms;

4. Financial support of foreign organizations and individuals and international organizations; contributions of organizations and individuals inside the country;

5. Funding sources invested in or contributed to job training by enterprises, domestic and foreign investment projects when constructing industrial and service works;

6. Revenues earned by job-training establishments from counseling, technology transfer, production and service activities;

7. Other sources.

Article 34.-

1. The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Planning and Investment and the Ministry of Finance in distributing the State budgetary allocation for the job training.

2. The Ministry of Labor, War Invalids and Social Affairs shall manage the assigned budgetary allocation for job training as well as other revenue sources according to law provisions; coordinate with the Ministry of Finance in preparing annual reports on the use of the job-training budget and submitting them to the Government.

3. The Peoples Committees of different levels shall have to manage and use for the right purposes the assigned budgetary allocations for job training. Annually, the ministries, branches and provincial-level People’s Committees shall report to the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs on the spending of the budgetary allocations for job training.

4. The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the ministries, branches and provincial-level People’s Committees in elaborating long-term plans, allocating annual job-training quotas and projects to job-training establishments so as to ensure that the job structure and levels meet the labor market’s demands.

5. The Ministry of Finance shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in setting the spending limits for long-term and short-term job training according to the to be-trained jobs; formulating the budget spending regime, criteria and limits for job training; directing the lower-level finance offices to make timely and adequate financial grants and financial settlements according to law provisions.

Article 35.- The Peoples Committees of different levels shall have to balance on their own initiatives revenue sources to supplement the job-training budgets in their respective localities, ensure that the per-capita job training spending levels in their respective localities are not lower than the spending level set by the central level.

Article 36.-

1. Job-training establishments exclusively reserved for disabled persons, supportless orphans, ethnic minority people and social evil victims shall receive the Governments investment in building schools, classrooms, material bases and training the contingents of trainers, and enjoy tax exemption as prescribed by law.

2. Job-training establishments that admit disabled persons, ethnic minority people and social evil victims, job-training establishments based in places with large numbers of unemployed and underemployed people, and establishments that provide training in traditional crafts shall enjoy tax reduction as prescribed by law.

3. Where enterprises or cooperatives open job training or re-training classes for their own laborers so as to transfer them to other jobs in the enterprises or cooperatives, or give job training to new recruits to work at the enterprises or cooperatives, it shall enjoy tax exemption.

Article 37.-

1. Public job-training establishments shall effect the collection, use, reduction and exemption of training fees according to the Prime Minister’s decisions. Semi-public, people-founded and private job-training establishments shall collect training fees as agreed upon in job-training contracts signed with job trainees or with the units sending job trainees in accordance with law provisions.

2. The collection of recruitment fees under Clause 1, Article 92 of the Education Law shall comply with the principle that fees are collected to ensure reasonable expenses related to the recruitment work, and managed according to the current financial regime.

The provincial-level People’s Committees shall propose to the People’s Councils of the same level to set the recruitment fee levels at job-training establishments under their management.

The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in setting the recruitment fee levels at job-training establishments under the management of the ministries and branches.

3. The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Finance in adopting scholarships policies and budgets to be spent on scholarships suited to job trainees.

4. Job-training establishments may formulate job-training schemes so as to attract investment from organizations and individuals inside and outside the country.

5. Job-training establishments of enterprises and cooperatives may use the job-loss allowance reserve funds to organize job training, complementary job training, and reserve job training for female laborers, job re-training for their laborers who are made to shift to other jobs due to changes in the enterprises’ production structure or technologies. The enterprises’ job-training expenses may be accounted into their products’ costs.

Chapter IV

STATE MANAGEMENT OVER JOB TRAINING

Article 38.- The Ministry of Labor, War Invalids and Social Affairs shall assist the Government in performing the State management over job training, and have the following tasks and powers:

1. To assume the prime responsibility and coordinate with the ministries, branches and localities in formulating and submitting to the Government the strategy, planning, plans and policies on the job training development, and organize implementation thereof after they are approved;

2. To elaborate and submit to the Government for promulgation or promulgate according to its competence legal documents on job training, and organize implementation thereof;

3. To set conditions for carrying out job training service and counseling activities; to provide for the registration and granting of job training certificates for foreign-owned job-training schools and centers in Vietnam;

4. To provide for the Vietnamese’s overseas job teaching, research and exchanges on job teaching, job learning, fostering to raise job skills, with their pocket money or with financial supports from organizations and individuals inside and outside the country.

5. To promulgate the charter of job-training schools, the regulation on organization and operation of job-training centers, job-training classes; issue the form of job-training contract;

6. To issue regulations and rules on examinations, tests, consideration for class promotion, consideration for graduation; issue and manage job graduation diplomas, job certificates; standardize material bases, equipment and facilities in service of job training for different forms of job-training establishments; set criteria for inspection and evaluation of the job training quality; the training, fostering and employment of trainers, managerial personnel and job-training science researchers;

7. To issue regulations on the principles for the formulation and organization of implementation of long-term and short-term job-training programs for job-training establishments, lists of trained jobs and job skills;

8. To provide for the recognition of job-training diplomas granted by foreign countries to Vietnamese under international agreements which the Socialist Republic of Vietnam has signed or acceded to; to be responsible for signing agreements on equivalence of job-training diplomas or mutual recognition of job diplomas with other countries, international organizations;

9. To direct the training, fostering and management of job trainers and job- training managers;

10. To coordinate with the Ministry of Finance and the provincial-level People’s Committees in the process of making estimates, distributing and settling the State budgetary allocations for job training; coordinate with the Ministry of Finance in checking and monitoring the situation on the execution of the State budgetary allocations for job training;

11. To organize research into the job-training science;

12. To assume the prime responsibility and coordinate with the ministries, branches and Peoples Committees in proposing to the State to consider and confer the tiles of people’s teacher and emeritus teacher to people who have made great contributions to the cause of job training;

13. To enter into international cooperation on job training;

14. To inspect and supervise the observance of the job-training legislation; handle violations and settle complaints and denunciations according to law provisions.

Article 39.- The ministries and branches shall have to coordinate with the Ministry of Labor, War Invalids and Social Affairs in ensuring the uniform State management over job training, and have the following tasks and powers:

1. To formulate and implement the already approved job-training planning, plans, programs and projects;

2. To guide and direct the uniform management of job-training objectives, programs and plans, trainers’ standard qualifications, granting of diplomas, and the implementation of other State’s regulations on job-training establishments under their management, under the guidance of the Ministry of Labor, War Invalids and Social Affairs;

3. To coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding job-training establishments under their management to formulate job-training programs, compile, evaluate and approve textbooks in a uniform way;

4. To decide on the setting up, merger, separation, splitting of job-training schools under their management or exclusion of such schools from the job-training establishment system after obtaining the written approval from the Ministry of Labor, War Invalids and Social Affairs;

5. To enter into international cooperation in the domain of job training;

6. To supervise the observance of the job -training legislation and settle complaints and denunciations according to law provisions.

Article 40.-

1. The provincial-level People’s Committees shall have to exercise the State management over job-training establishments under their management, having the following tasks and powers:

a/ To submit to the provincial-level People’s Councils for decision policies and measures on the development of job training, ensure job-training conditions depending on the local budgets allocated to long-term and short-term job training;

b/ To coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding job-training establishments under their management to formulate job-training programs, compile, evaluate and approve textbooks;

c/ To coordinate with the ministries and branches in performing the State management over job training at the latters job-training establishments based in their respective provinces;

d/ To direct the provincial/municipal Labor, War Invalids and Social Affairs Services and coordinate with the various branches and levels in the provinces in formulating and organizing the implementation of the approved job-training planning, plans and projects;

e/ To decide on the setting up, merger, separation, splitting of job-training schools under their management or exclusion of such schools from the job-training establishment system after obtaining the written approval from the Ministry of Labor, War Invalids and Social Affairs;

f/ To enter into international cooperation in the domain of job training;

g/ To supervise the observance of the job -training legislation and settle complaints and denunciations according to law provisions in their respective provinces.

2. The provincial/municipal Labor, War Invalids and Social Affairs Services shall have to assist the provincial-level People’s Committees in performing the State management over job training in their respective localities.

Article 41.- The district-level People’s Committees shall exercise the State management over job-training establishments under the district management, having the following tasks and powers:

1. To direct and supervise the district Labor, War Invalids and Social Affairs Sections and various branches in the districts to organize the implementation of job-training plans and manage job-training activities in their respective localities;

2. To formulate job training plans compatible with the districts’ socio-economic development programs;

3. To decide on the setting up, merger, separation, splitting of job-training schools under their management or exclusion of such schools from the job-training establishment system after obtaining the written approval from the directors of the provincial/municipal Labor, War Invalids and Social Affairs Services;

4. To supervise job-training activities and settle complaints and denunciations in their respective districts according to law provisions.

Article 42.-

1. The job training inspectorate, being an inspectorate specialized in job training, shall have to perform the tasks, powers and responsibilities defined in Articles 98, 99, 100 and 101 of the Education Law and according to law provisions.

2. The organization and operation of the specialized job training inspectorate shall be provided for by the Minister of Labor, War Invalids and Social Affairs.

Chapter V

IMPLEMENTATION PROVISIONS

Article 43.- The Minister of Labor, War Invalids and Social Affairs and the concerned ministers shall have to guide the implementation of this Decree.

Article 44.- This Decree takes effect 15 days after its signing for promulgation.

This Decree replaces the provisions on job training in Decree No. 90/CP of November 24, 1993 stipulating the framework structure of the national educational system, the system of educational and training diplomas and certificates of the Socialist Republic of Vietnam; supersedes Decree No. 115/CP of September 5, 1994 issuing the Regulation on activities of foreign-owned job-training schools in the Socialist Republic of Vietnam and Decree No. 90/CP of December 15, 1995 detailing and guiding a number of articles of the Labor Code on job learning.

The previous provisions on job training, which are contrary to this Decree, are now all annulled.

Article 45.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

 

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Thuộc tính Văn bản pháp luật 02/2001/ND-CP

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Số hiệu02/2001/ND-CP
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Người ký
Ngày ban hành09/01/2001
Ngày hiệu lực24/01/2001
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Lĩnh vựcLao động - Tiền lương, Giáo dục
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Lược đồ Decree No. 02/2001/ND-CP of January 09, 2001, detailing the implementation of The Labor Code and The Education Law regarding job training.


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          Decree No. 02/2001/ND-CP of January 09, 2001, detailing the implementation of The Labor Code and The Education Law regarding job training.
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          Số hiệu02/2001/ND-CP
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            Văn bản gốc Decree No. 02/2001/ND-CP of January 09, 2001, detailing the implementation of The Labor Code and The Education Law regarding job training.

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