Nghị định 70/2009/ND-CP

Decree No. 70/2009/ND-CP of August 21, 2009, defining responsibilities for state management of vocational training

Decree No. 70/2009/ND-CP of August 21, 2009, defining responsibilities for state management of vocational training đã được thay thế bởi Decree No. 48/2015/ND-CP guidelines for Law on Vocational Education và được áp dụng kể từ ngày 01/07/2015.

Nội dung toàn văn Decree No. 70/2009/ND-CP of August 21, 2009, defining responsibilities for state management of vocational training


THE GOVERNMENT

-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 70/2009/ND-CP

Hanoi, August 21, 2009

 

DECREE

DEFINING RESPONSIBILITIES FOR STATE MANAGEMENT OF VOCATIONAL TRAINING

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Organization of the People's Councils and People's Committees;
Pursuant to the November 29, 2006 Law on Vocational Training;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Article 1. Scope of regulation

This Decree details and guides the implementation of Article 84 of the Law on Vocational Training regarding responsibilities for the state management of vocational training.

Article 2. Subjects of application

This Decree applies to ministries, ministerial-level agencies, government-attached agencies (below collectively referred to as ministries). People's Committees of provinces and centrally run cities (below collectively referred to as provincial-level People's Committees). People's Committees of rural districts, urban districts, provincial towns and cities (below collectively referred to as district-level People's Committees), and People's Committees of communes, wards and townships (below collectively referred to as commune-level People's Committees).

Article 3. Principles of defining responsi­bilities for the state management of vocational training

1. To ensure the consistency and raise the effectiveness and efficacy of the state management of vocational training.

2. In decentralizing the state management of vocational training, to ensure compatibility between tasks, powers, responsibilities, financial and human resources, and necessary conditions for the performance of assigned tasks.

3. To specify tasks, powers and responsi­bilities of ministries and People's Committees at all levels regarding each field of vocational training, and at the same time, to ensure proactivity, creativity, autonomy and self-responsibility of vocational training management agencies in deciding and performing assigned and decentralized tasks.

Article 4. The Ministry of Labor, War Invalids and Social Affairs' responsibilities for the state management of vocational training

The Ministry of Labor, War Invalids and Social Affairs is the central agency exercising and being answerable to the Government for exercising the state management of vocational training under the Law on Vocational Training, having the following responsibilities:

1. To assume the prime responsibility for, and coordinate with relevant ministries, branches and agencies in. formulating and submitting to the Government for consideration and decision:

a/ Draft laws and resolutions for submission to the National Assembly; draft ordinances and resolutions for submission to the National Assembly Standing Committee;

b/ Government decrees.

2. To assume the prime responsibility for, and coordinate with relevant ministries, branches and agencies in. formulating and submitting to the Prime Minister for consideration and decision:

a/ Prime Minister's decisions on vocational training, based on approved annual legislative programs and plans;

b/ Strategies, plannings as well as long-term, five-year and annual plans on vocational training; national target programs, projects and schemes on development of vocational training.

3. To issue circulars on econo-technical standards, regulations and norms, and provide professional and operational guidance on vocational training.

4. To direct, guide, inspect, assess and organize the implementation of legal documents, policies, strategies, plannings, plans, national target programs as well as projects and schemes on vocational training after they are approved.

5. To organize the formulation, evaluation and promulgation of framework programs on collegial and intermediate-level training in each profession; and lists of vocations to be trained at different levels.

6. To specify conditions on the founding; procedures for the founding, merger, division, splitting, termination of operation and dissolution of vocational training institutions; and the registration of vocational training activities. To organize the registration of collegial vocational training.

7. To issue model charters for vocational colleges and intermediate schools; model regulations for vocational training centers; regulations on enrolment, examination, test and graduation recognition; and regulations on the grant of vocational training diplomas and certificates.

8. To provide professional criteria for vocational trainers; criteria for heads of vocational training institutions; regulations on assessment of vocational training employees. To guide, direct the planning, training, retraining and employment of vocational trainers and administrators.

9. To issue regulations on vocational trainees and assessment of their learning results. To guide and inspect the prevention and control of crimes and social evils, and the building of a healthy educational environment in vocational training institutions; political, ideological, moral, cultural and aesthetical education of vocational trainees; physical training and health care in vocational training institutions; and cultural, art performance and sport movements among vocational trainees.

10. To set criteria for material foundations for vocational colleges and intermediate schools as well as centers, and standards of vocational training instruments for each vocation.

11. To provide criteria and the process of quality accreditation of vocational training: to recognize, grant, withdraw vocational training-quality certificates; and manage and organize the accreditation of vocational training quality.

12. To provide principles for and process of, and direct, the elaboration of national criteria of vocational skills; to reach agreement with ministries on the promulgation of national criteria of vocational skills for each vocation; to assume the prime responsibility for, and coordinate with other ministries in. directing the assessment of vocational skills of laborers; to manage the assessment and grant of national vocational skill certificates.

13. To provide for the classification of public vocational training institutions: procedures for appointment and recognition of rectors of vocational colleges and intermediate schools as well as directors of vocational training centers.

14. To decide on the establishment of public vocational colleges: to permit the establishment of private vocational colleges; to approve charters and recognize boards of directors and rectors of private vocational colleges.

15. To guide and inspect activities of associations and non-governmental organizations in the field of vocational training according to law.

16. To organize the performance of statistical and information work, and develop a vocational training database.

17. To direct, organize scientific and technological researches, as well as the popularization and application of sciences and technologies in vocational training.

18. To organize and manage international cooperation on vocational training.

19. To supervise and inspect the observance of law on vocational training; to settle complaints, denunciations and handle violations of law on vocational training in accordance with law.

Article 5. Ministries', ministerial-level agencies' and government-attached agencies' responsibilities for the state management of vocational training

1. Ministries shall perform tasks and exercise powers of state management according to the Government Decree on functions, tasks, powers and organizational structures of ministries; and coordinate with the Ministry of Labor. War Invalids and Social Affairs in ensuring the unified state management of vocational training.

2. Ministries with attached vocational training institutions shall:

a/ Formulate and implement their own strategies, plannings as well as long-term, five-year and annual plans on vocational training in line with national strategies, plannings, long-term, five-year and annual plans on vocational training:

b/ Coordinate with the Ministry of Labor. War Invalids and Social Affairs in formulating framework programs on collegeial and intermediate-level vocational training for each vocation in the fields under their management;

c/ Decide on the establishment, termination of operation, merger, division, splitting and dissolution of public vocational training centers and intermediate schools under their management according to the law on vocational training and guiding documents of the Ministry of Labor. War Invalids and Social Affairs:

d/ Approve charters of vocational colleges and intermediate schools as well as regulations on organization and operation of public vocational training centers under their management under the guidance of the Ministry of Labor. War Invalids and Social Affairs:

e/ Assume the prime responsibility for, and coordinate with relevant agencies and professional associations in. formulating and promulgating national vocational skills for each vocation under the ministerial management, after reaching agreement with the Ministry of Labor. War Invalids and Social Affairs:

f/ Decide on recognition of grades of their attached public vocational colleges and intermediate schools; appoint, re-appoint, dismiss and demote rectors of vocational colleges or intermediate schools, and directors of public vocational training centers under regulations of the Ministry of Labor. War Invalids and Social Affairs;

g/ Organize ministerial-level teaching contests for vocational trainers, contests of self-made equipment and competitions for outstanding vocational trainees. Manage their attached public vocational training institutions in terms of organization, personnel, finance, property and other material foundations in accordance with law; ensure teaching and learning conditions and other operations of these institutions.

h/ Guide and direct their attached public vocational training institutions in complying with the law on vocational training;

i/ Perform statistical and information work on organization of vocational training activities of their own ministries and send periodical reports thereon to the Ministry of Labor, War Invalids and Social Affairs;

j/ Conduct international cooperation on vocational training according to their competence;

k/ Inspect the implementation of vocational training policies, law and tasks by their attached public vocational training institutions; and handle violations and settle complaints and denunciations about these institutions in accordance with law.

3. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and concerned agencies in, reviewing plannings. five-year and annual plans on vocational training nationwide and incorporating them into the national socio­economic development plan for submission to the Prime Minister for approval.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, guiding concerned ministries and provincial-level People's Committees to make, allocate and organize the implementation of state budget estimates for vocational training; issuing regulations on state budget spending on vocational training; conducting financial and budgetary supervision and inspection of vocational training according to the State Budget Law and sub-law documents; guiding the financial autonomy mechanism applicable to vocational training institutions, and the mechanism for management and use of tuition fees and other lawful revenues of vocational training institutions in accordance with law.

Article 6. Provincial-level People's Committees' responsibilities for the state management of vocational training

Provincial-level People's Committees shall develop vocational training and perform the state management of vocational training in provinces, and shall:

1. Elaborate plannings. long-term, five-year and annual plans on vocational training as well as provincial programs and projects on vocational training development, to be submitted to provincial-level People's Councils for approval; ensure conditions on budget, state payroll of vocational trainers as well as material and technical foundations for provincial public vocational training institutions.

2. Decide on the founding of provincial public vocational intermediate schools and centers and permit the establishment of private vocational intermediate schools and centers in the provincial territory; termination of vocational training activities, and merger, division, splitting and dissolution of provincial public and private vocational intermediate schools and centers under regulations of the Ministry of Labor, War Invalids and Social Affairs.

3. Approve charters of provincial public vocational colleges and intermediate schools, and regulations on organization and operation of provincial public and private vocational training centers in the provincial territory under the guidance of the Ministry of Labor. War Invalids and Social Affairs; manage and inspect the implementation of enrolment, exam, test and graduation recognition regulations as well as the issuance of vocational diplomas and certificates according to law.

4. Manage and inspect the observance of vocational trainers' and administrators' criteria; guide and direct the planning, retraining and employment of vocational trainers and administrators in provinces under regulations of the Ministry of Labor. War Invalids and Social Affairs.

5. Recognize the classification of provincial public vocational colleges, intermediate schools and centers; appoint, re-appoint, dismiss and demote rectors of vocational colleges and intermediate schools, directors of attached public vocational training centers; recognize rectors and boards of directors of vocational intermediate schools, and directors of private vocational training centers under regulations of the Ministry of Labor. War Invalids and Social Affairs.

6. Guide and direct their attached vocational training institutions in implementing the law on vocational training.

7. Guide and direct provincial public vocational training institutions in planning state payrolls and implementing state payroll quotas under the guidance of the Ministry of Home Affairs and the Ministry of Labor. War Invalids and Social Affairs; inspect the implementation of financial autonomy and self-responsibility mechanisms as well as organizational apparatus and state payrolls of vocational training institutions.

8. Socialize vocational training activities.

9. Perform statistical and information work regarding vocational training activities and make periodical reports on vocational training to the Ministry of Labor, War Invalids and Social Affairs and the People's Councils of the same level.

10. Conduct international cooperation on vocational training according to their competence.

11. Submit to the People's Councils of the same level for decision vocational training budget estimation, allocation and settlement in accordance with the State Budget Law and sub-law documents.

12. Examine and inspect the implementation of the law on vocational training in their localities in accordance with law.

13. Settle complaints and denunciations, and handle violations in vocational training according to law.

Article 7. Provincial-level Labor, War Invalids and Social Affairs Departments' responsibilities for the state management of vocational training

Provincial-level Labor, War Invalids and Social Affairs Departments shall assist provincial-level People's Committees in performing the state management of vocational training in the provincial territory, having the following responsibilities:

1. To elaborate and submit to provincial-level People's Committees strategies, plannings as well as long-term, five-year and annual plans on vocational training; local vocational training development programs and projects; and organize their implementation after they are approved.

2. To guide, direct and inspect professional performance by Labor, War Invalids and Social Affairs agencies and vocational training institutions in the provincial territory.

3. To submit to provincial-level People's Committees for promulgation specific regulations on management of vocational training; mechanisms and policies for vocational administrators and trainers as well as trainees under law. To register intermediate and primary vocational training according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

4. To organize teaching contests for vocational trainers, contests of self-made instruments and competitions for outstanding vocational trainees.

5. To work out and submit to provincial-level People's Councils and People's Committees solutions to socializing vocational training activities; direct, guide and inspect their implementation.

6. To coordinate with provincial-level Finance Departments and Planning and Investment Departments in preparing budget revenue and expenditure estimates; allocating budget estimates, managing and deciding on annual budget for vocational training in accordance with the State Budget Law and the decentralization of local budget management.

7. To examine and inspect the implementa­tion of the law on vocational training; handle violations and complaints and denunciations in accordance with law.

8. To make periodical reports on vocational training under regulations.

Article 8. District-level People's Committees' responsibilities for the state management of vocational training

District-level People's Committees shall perform the state management of vocational training in districts; and take responsibility before provincial-level People's Committees for vocational training development in districts:

1. To elaborate district programs and projects on vocational training development to be submitted to the People's Councils of the same level for approval; organize, direct and inspect the implementation of approved vocational training programs and projects; ensure budget and state payroll conditions for vocational administrators and trainers, and material and technical foundations for attached vocational training institutions in accordance with law.

2. To direct and implement socialization of vocational training, implement the mechanism of financial and organizational autonomy and self-responsibility with regard to district vocational training institutions in accordance with law.

3. To submit to the People's Councils of the same level for decision vocational training budget estimation, allocation and settlement in accordance with the State Budget Law.

4. To organize the inspection of vocational training activities and settle complaints and denunciations in accordance with law.

5. To make periodical reports on vocational training to provincial-level People's Committees and People's Councils of the same level.

Article 9. Commune-level People's Committees' responsibilities for the state management of vocational training

Commune-level People's Committees shall assist district-level People's Committees in developing vocational training in communes, having the following responsibilities:

1. To coordinate with Labor, War Invalids and Social Affairs agencies in implementing district vocational training plans in line with local socio­economic development programs

2. To coordinate with Labor, War Invalids and Social Affairs agencies in managing locally based vocational training institutions.

3. To organize socialization of vocational training.

4. To coordinate with concerned agencies and units in managing, inspecting vocational training and learning activities in the form of coaching in local households and craft villages.

5. To make statistics on policy beneficiaries who are people with meritorious services, demobilized armymen, ethnic minority people, poor people, people with disabilities, orphans with no one to rely on, working people from agricultural production households whose fanning land is recovered, and other social policy beneficiaries in localities who are of working age but have not yet attended any vocational training and who wish to learn jobs, so as to enroll them in vocational training courses according to regulations.

6. To coordinate with related agencies and units in guiding and inspecting the implementation of vocational training policies for social policy beneficiaries in localities, ensuring that the policies are implemented for proper purposes and proper beneficiaries.

Article 10. Implementation provision

1. This Decree takes effect on October 15, 2009. To annul earlier regulations which are contrary to this Decree.

2. The Minister of Labor, War Invalids and Social Affairs and ministers of relevant ministries shall guide the implementation of this Decree.

3. Ministers, heads of ministerial level agencies, heads of government-attached agencies, chairmen of provincial-level People's Committees and relevant agencies shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung

 

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            Decree No. 70/2009/ND-CP of August 21, 2009, defining responsibilities for state management of vocational training
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