The DECREE detailing and guiding the implementation of some articles of the law of education and the Ministry of labor law about vocational _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on education of 14 June 2005;
The labor code base on 23 June 1994, the law on amendments and supplements to some articles of the labor code on 02 April 2002;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law on education and The labor law of aims, vocational programs; Organization, vocational activity; enterprises with vocational activities; admissions and contracts of apprenticeship; competition, testing and licensing authority, certificate; vocational training policy; the responsibility of the State Agency of vocational training.
Article 2. The vocational qualification Of vocational qualifications include: 1. primary vocational qualifications;
2. Intermediate occupations;
3. vocational college level.
Article 3. State vocational socialization to keep dominant role in vocational development; made to diversify the types of vocational and priority investment policies for vocational training; encourage and facilitate the organisation, enterprise or individual foreign and domestic investment resources, participation in vocational development.
Article 4. Contact information in the contact information between vocational and vocational level with the level of training in national education system 1. Contact information in the contact information between vocational and vocational level with the level of training to create the conditions for the school used student results accrued in the course of studying or working when switched to study, profession, level of training, other forms of learning in the national education system.
2. The transfer to be made according to the principle of ensuring students are not learning the skills, the knowledge accumulated in the process of learning or working.
3. The Minister of labour, invalids and Social Affairs regulating the implementation of transfer in teaching profession.
4. The Minister of education and training, in collaboration with the Minister of labor, invalids and Social Affairs regulating the implementation between the vocational qualifications with the level of training others in the national education system.
5. Based on the framework regulation and the implementation of the transfer of authority prescribed in clause 3 and clause 4 of this Article, the head of vocational, professional secondary schools, higher education establishments are responsible for building the program, the training syllabus ensure contact information; recognition of conversions results in each specific case.
Chapter II the OBJECTIVE of VOCATIONAL PROGRAMS, article 5. Vocational objectives 1. The goal of the training is vocational technical personnel directly in production and services, the ability to practice the profession that corresponds to your level of training, there are professional ethics, sense of discipline, health, industrial style in order to create conditions for apprentices have the ability to search for jobs self-employment, or continue to study higher level, meet the requirements of the labour market.
2. Vocational training at each level to ensure the objective specified in paragraph 1 of this article and the following specific objectives: a) primary level vocational training to equip capacity apprentices practice a simple craft or the capacity to practice some work of a profession;
b) intermediate vocational training to apprentices and their knowledge of the work of a profession, have the ability to work independently and technical applications, the technology on the job;
c) vocational college degree to equip apprentices and their knowledge of the work of a profession, have the ability to work independently and organize team work; solve complex situations in practice; capable of technical applications, the technology on the job.
Article 6. Vocational programs 1. Career programs can target training; prescribed standard of knowledge, skill, scope and structure of the content, methods and forms of teaching, how the reviews the results of training for each module, and each profession.
2. vocational level programs offered under one year for people wishing vocational, education level, health, consistent with the profession needs to learn.
3. Career programs intermediate made three years for people who have graduated from high school; from one to two years for people who have a high school diploma.
4. The program of vocational college degree is made from two to three years for people who have a high school diploma; from a year and a half to two years for people who have a high level.
5. The programme framework of the structure of the content, number and duration for the modules, coursework; the percentage of time between theory and practice, ensuring the target of each level for each transfer request and according to the regulations.
6. Minister of labor, invalids and Social Affairs, in collaboration with the Ministers, heads of ministerial agencies, heads of related government regulatory framework for each vocational training qualifications, on the basis of evaluation results evaluation board industry.
Based on the framework programme has been defined and the task of vocational training, the head of the vocational building organizations and vocational program issued the beginner level, intermediate level, college level on the basis of the Board's evaluation results evaluation of the program.
Chapter III the ORGANISATION of VOCATIONAL ACTIVITIES, article 7. Class 1. Class is held when there are enough of these conditions: a) is taught the theory, teaching practice; the equipment, materials, practice practice conform with the profession, scale and vocational qualifications;
b) Enough teachers ensure standards and standard levels are trained according to the regulations in paragraph 2 to article 70 and paragraph 1 Article 77 of law education; consistent with the profession, scale and vocational qualifications;
c) program of vocational curriculum, according to the regulations.
2. enterprises, cooperatives, production facilities, business services, (hereinafter referred to as the business) and other institutions are held to teach primary level grade; professional secondary schools held classes teaching the beginner level, intermediate occupations; educational institutions the University held a primary level teaching profession, intermediate occupations, vocational college level when the conditions specified in paragraph 1 of this article and vocational registration as prescribed in article 10 of this Decree.
3. The head of the basis prescribed in clause 2 of this responsible for organizing class activities.
Article 8. The authority to establish and allow establishment, merger, Division, separation, dissolution, suspending the operation of the vocational Center, vocational, vocational college 1. The authority and conditions established or allowing vocational Centre was made according to the regulations of the Organization and operation of the vocational Centre by the Minister of labor, invalids and Social Affairs.
2. The authority established vocational colleges, public and profession the authority allowing the establishment of vocational, private career colleges are defined as follows:

a) people's Committee Chairman, central cities (hereafter referred to as the provincial people's Committee) decided to establish a public vocational high school in the province; allowing the establishment of private vocational school;
b) Ministers, heads of ministerial agencies, heads of government agencies decided to set up vocational;
c) Minister of labor, invalids and Social Affairs decided to set up a public vocational colleges; allowing the establishment of private career colleges.
3. Who has the authority to decide to establish or allow established then has the right to suspend operations, merger, split, split the center of vocational training, vocational, vocational college.
4. Minister of labor, invalids and Social Affairs established procedures guide, allowing the establishment, merger, Division, separation, dissolution, suspending the operation of the vocational Center, vocational, vocational college.
Article 9. Vocational Center bylaws, Charter vocational and vocational college Charter 1. Vocational Center regulation contains the following principal contents: duties and powers; organizational structure; financial and assets management; duties and rights of teachers, apprentices; the Organization of vocational activity; the relationship between the vocational Centre with business.
2. The content of the Charter primarily vocational, vocational college Charter as specified in paragraph 2 to article 52 of the law on education.
3. Regulation of vocational centres, vocational and Charter Charter vocational colleges by the Minister of labor, invalids and Social Affairs.
4. Pursuant to the provisions of paragraph 3 of this article, the Director of the Center for vocational building bylaws of organization and activities of the Centre, vocational secondary school headmaster, Rector of the Polytechnic building regulations of the Organization and operation of the school and the approval authority.
Article 10. Vocational registration 1. The registration of vocational activities are performed according to the following rules: a) enterprises, professional secondary schools, other education institutions organized the school of elementary vocational qualifications, vocational activity registration with the Department of labor, invalids and Social Affairs;
b) professional secondary school, higher education establishments held the class teaches intermediate occupations, vocational activity registration with the Department of labor, invalids and Social Affairs;
c) University education institutions organize vocational college level teaching, vocational activity registered at the Ministry of labor, invalids and Social Affairs.
2. Registry records training, including: a) vocational activity registration form;
b) reported the reality of physical facilities, equipment, teachers, managers; the program, vocational training for the trades register;
c) rules and the Organization of vocational activities.
3. enterprises to recruit people into apprenticeship to work in enterprises by the deadline in the contract of apprenticeship shall not register the vocational activities, but must report the results of vocational training with the Department of labor, invalids and Social Affairs.
4. The time limit for the registration certification of vocational activities are defined as follows: a) within a period of seven (7) working days from the date of receipt of a valid application, the Director of the Department of labor, invalids and Social Affairs registration certificate vocational activities for the cases specified in point a and b of paragraph 1 of this article;
b) within ten (10) working days from the date of receipt of a valid application, the Minister of labor, invalids and Social Affairs registration certificate vocational activities for cases specified in point c of paragraph 1 of this article;
c) where no certificate of registration training must respond in writing stating the reason; If the above mentioned time limit runs out without getting a reply of the competent agency of vocational activity registration, the vocational establishments are vocational activities according to the registration documents.
5. Minister of labour, invalids and Social Affairs specific instructions about the registration of vocational activities.
Article 11. Vocational foreign-invested 1. Vocational foreign-invested vocational centers, including vocational, vocational schools and colleges in the form of joint venture or 100% foreign-owned by foreign individuals, institutions, Vietnam people settled in foreign investment in the construction of infrastructure and ensuring funding for the task.
2. Vocational foreign investment are protected the legitimate rights and interests according to the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
3. The establishment, merger, Division, separation, dissolution of vocational establishments have foreign investment made under the provisions of the investment law and the provisions of relevant laws.
4. Vocational foreign-invested vocational activities organized under the provisions of this Decree and the provisions of relevant laws.
Chapter IV BUSINESS with VOCATIONAL ACTIVITIES article 12. Enterprises with vocational development 1. Provides information on careers and training needs of employers of the business for the Department of labor, invalids and Social Affairs.
2. Establishment of vocational or vocational link vocational establishments according to the method of teaching the theory in vocational, teaching practice in the business.
3. Join the standard building vocational skills and vocational skills assessment.
4. Join the funding, equipment for vocational training.
Article 13. Business vocational establishments 1. Accept apprentices to sightseeing, internship in business through a contract with vocational basis.
2. Join the teaching, practice and evaluate the academic performance of apprentices.
3. Join elaborate programs, vocational curriculum.
4. Contracting apprenticeship for workers of enterprises with vocational basis when there is demand.
5. In collaboration with the vocational research, manufacturing, application, and technology transfer.
Article 14. Business with the vocational training, advanced vocational skills training and vocational retraining for workers 1. Building and implementing vocational plans, training to improve their vocational skills for workers in the business to meet the needs of employers and ask for technical innovation, technology in production.
2. Contracts to apprentices are recruited into an apprenticeship in business enterprises.
3. Create conditions for workers just did just learn to improve their vocational skills.
4. vocational training organization before moving on to do other workers in the enterprise.
5. Pay for apprentices when they direct or participate in making products for the enterprise. The level of the wages due to the two parties to the agreement.
Chapter V RECRUITMENT APPRENTICESHIP, APPRENTICESHIP CONTRACTS; COMPETITION, testing and LICENSING AUTHORITY, the CERTIFICATE section 1 RECRUITMENT APPRENTICESHIP, APPRENTICESHIP CONTRACTS article 15. Vocational school entrance 1. Primary admissions trades are made in the form of admission.
2. Admission trades are made in the form of admission.
3. vocational college admissions are made in the form of admission, examination or a combination of examination and review.
4. The case was straight on the vocational college, include: a) Who have a high level type of profession pretty or over registered the same profession training;
b) Who have graduated from vocational training vocational student registration if there are at least two years of vocational training in work;

c) Who reach one of the first, second, third prize in the exam good students national career, internationally if there are a high school or vocational high school enrollment in the same profession who won.
5. vocational school enrollment is made one or more times during the year, based on the possibility of vocational training, the duration of the course and the needs of learners, of the business.
Article 16. Apprenticeship contract 1. Apprenticeship contract is the agreement on the rights and obligations between the head of the vocational with apprentices.
2. The following cases are assigned the contract of apprenticeship in writing: a) primary level apprenticeships;
b) apprentices at the vocational foreign investment;
c) national business people into apprenticeship to then work in the business.
3. The following case may contracts verbally or in writing: a Traditional profession);
b) vocational mentoring in business.
4. The contract of apprenticeship is directly between the head of the vocational with apprentices. Cases committed in writing, the contract of apprenticeship was established two legal values are the same, each party holds one copy.
Article 17. Apprenticeship contract contents 1. Apprenticeship contract must have the following principal contents: a vocational school Name), vocational skills gained;
b) Where learning and workplace;
c) course completion time;
d) tuition and fees payment method;
DD) the compensation responsibility of each side when the breach of contract.
In addition to the principal content on, the two sides may agree the content more in line with actual conditions but are not contrary to law and social ethics.
2. the business case to recruit people into apprenticeship to then work in an apprenticeship contract business in addition to the contents specified in paragraph 1 of this article also contains the following content: a) the commitment of the apprenticeship period working for enterprises;
b) commitment of enterprises on the labor contract after school;
c) pay direct or apprentices worked out products for the business during an apprenticeship.
3. The contract of apprenticeship in the form of career mentoring in addition to business content specified in paragraph 1 of this article, must have the agreement of the time began to be charged and the level of the wages paid to apprentices each time.
Article 18. Terminate the contract of apprenticeship 1. Apprentices unilaterally terminate the contract of apprenticeship shall not be returned. The case of apprentices by apprenticeships could not continue going to do military service or really difficult families, of the people's Committee of the place of residence, social illness, no accidents, confirmation of the authorized medical facility shall be paid the tuition of the school time rest and saved results the episode.
2. Vocational unilaterally terminate the contract of apprenticeship to apprentices for the newspaper said at least three working days in advance and pay back the tuition fee has currency, except in cases of unilateral termination of the contract of apprenticeship by the force majeure event under the provisions of civil law.
3. During implementation of the contract that apprentices get pregnant, if there is a certificate of health facilities authority on the implementation of the contract of apprenticeship will adversely affect the fetus, the apprentices are to terminate the contract of apprenticeship and be paid the tuition of the school time rest and limited study results.
4. where the recruitment business people into apprenticeship to then work in business, if not apprentices work under the commitment to compensate the costs of vocational training. The level of compensation due to the two parties to the agreement, identified in the contract of apprenticeship.
Vocational costs including reasonable expenses for people who teach, practice materials, materials, costs depreciation of buildings, machinery, equipment and other costs spent for the learner.
Section 2 EXAMINATION, INSPECTION and LICENSING AUTHORITY, CERTIFICATE article 19. Exam, test 1. Contest, check during periodic inspections include apprenticeships; Check end of modules or subjects; examinations or check the end of the course.
2. Contest good students include career contest good students, national craft competition international craft good students.
3. The Minister of labour, invalids and social regulation, check; Regulation of the national profession and good student guide made the contest best international career.
Article 20. The authority granted by, the certificate 1. Certificate by the Director of the center of vocational training; vocational secondary school principals; Rector of the College of trades; Heads of businesses and other institutions have registered activity to teach elementary-level vocational qualifications.
2. Diploma granted by the principal profession vocational college, the principal occupations; professional secondary school principals, College principal, Rector of the University has registered the activity teaches intermediate level profession.
3. college vocational diploma by the Rector of the College of trades; College principal, Rector of the University has registered the activity to teach college-level vocational qualifications.
Chapter VI VOCATIONAL POLICY article 21. Planning, vocational plan 1. Based on the demand for the number, occupational structure, structure and human level, the ministries, the provincial people's Committee has the responsibility to formulate and implement planning, annual and 5 year plan about teaching according to the authority.
2. The transfer of Center of vocational training, vocational, vocational colleges into the University professional secondary or higher education establishments must have a written agreement by the Minister of labor, invalids and Social Affairs.
Article 22. Policies for vocational establishments 1. The State has a priority policy of the financial investment and the land for the construction of vocational basis.
2. the State shall encourage and facilitate the organisation of personal, vocational and construction funding for vocational training.
3. vocational facility for the wounded, the sick, the disabled, the disabled, ethnic minorities, people lose jobs are reduced, tax free.
4. Sources of vocational, vocational colleges from research activities, applications, technology transfer, manufacturing, business services, according to the provisions of article 59 of the law on education after deducting reasonable costs, are used to enhance the facilities and operation of the school.
Article 23. Policies for vocational business costs of vocational, vocational training for employees working in the business are charged to cost of production, business. The investment, finance and the reasonable expenses of the enterprises for vocational training unless computer taxable income under the provisions of the corporate income tax law.
Article 24. Apprentices policy 1. Apprentices are provided scholarships, grants and tuition exemption prescribed in article 33 of Decree 75/2006/ND-CP of July 8, 2006 from the Government detailing and guiding the implementation of some articles of the law on education.
2. The object is supported apprenticeship: a) the minorities;
b) Ministry of public security, team uniforms, demobilized;
c) Who learn the difficult profession admission under the provisions the Ministry of labor, invalids and Social Affairs;
d) disabled people, disability;
rural workers) the conversion of agricultural land use purpose;
e) who takes a job;
g) Who dealt with administrative violations by the measures taken on the basis of healing;
h) Who dealt with administrative violations by the measures taken in the field brought.

3. The Prime rules of apprenticeship support mode for the object specified in paragraph 2 of this Article.
Article 25. Policies for vocational teachers 1. Vocational teachers of vocational enjoying public salaries and allowances under salaries for teachers under the provisions of the Government on salaries for public servants, the armed forces.
Vocational teachers of vocational private schools are entitled to pay and allowances in accordance with the labor law and the employment contract.
2. The State has a policy that encourages and facilitates the free teacher learning, fostering enhanced, standard qualification, career service; encourage craftsman and skilled people to join the teaching profession.
3. vocational teachers in vocational institutions in the area of socio-economic conditions particularly difficult are the people's committees of all levels create accommodation conditions. 4. Vocational teachers have qualified under the provisions of the law, was awarded the title of outstanding teacher, teacher.
Chapter VII LIABILITY of the STATE AGENCY of VOCATIONAL Article 26. The responsibility of the Ministry of labor, invalids and Social Affairs 1. Hosted, in cooperation with the ministries and local government processes, building strategies, master plan, plans, policies, mechanisms of vocational development and implementation.
2. Construction, the Government issued or issued under the authority of the legal text about vocational and implemented.
3. building plan, manage, use the resources for the development of vocational training.
4. vocational training catalog issued; Organization, management of the quality assurance of vocational and vocational quality accreditation.
5. Perform statistics, information; application of science, technology and vocational management organization.
6. implementation of the international cooperation on vocational training.
7. Inspection, checking the observance of legislation on vocational training; complaints, accusations and handle violations of the legislation on vocational training according to the authority.
Article 27. The responsibilities of the ministries concerned 1. In collaboration with the Ministry of labor, invalids and Social Affairs guarantee the unity of the State management of vocational training.
2. Build and implementation planning, planning, programs, vocational project.
3. Guide and direct the implementation of unified management goals, content, programs, vocational plan; build career programs, compiled, appraised the syllabus; the standard of vocational teachers, managers; degree, certificate and other regulations for vocational Ministry, management under the guidance of the Minister of labor, invalids and Social Affairs.
4. periodic reports on the vocational labour, invalids and Social Affairs.
5. implementation of the international cooperation on vocational training according to the authority.
6. Examine the observance of the law on complaints and denunciations, according to authorities.
Article 28. The responsibility of the people's Committee of the level 1. The provincial people's Committee has the responsibility: a) The provincial people's Council decided to unique, mission, planning, budgeting, measures to develop vocational training;
b) build and implementation planning, plan, project on vocational training;
c) Guide and direct the implementation of unified management goals, content, programs, vocational plan; build career programs, compiled, appraised the syllabus; the standard of vocational teachers, managers; degree, certificate and other regulations for vocational institutions administered under the guidance of the Minister of labor, invalids and Social Affairs;
d) in collaboration with the ministries made the governance of vocational training for the vocational Department in the Ministry, the industry plays on the province;
periodic reports) about the vocational labour, invalids and Social Affairs and the people's Councils at the same level;
e) made international cooperation in the field of vocational training according to the hierarchy of the Government;
g) Inspector, examine the observance of the law on vocational education; complaints, accusations and handle violations of the legislation on vocational training according to the authority.
2. the people's committees at district level accountable: a) build and organize vocational plan consistent with the program of social-economic development;
b) holds vocational activity test and resolve complaints, accusations as prescribed by law;
c) recurring reports about vocational with provincial people's Committee, the people's Council of the same level.
3. The Agency's labor, invalids and Social Affairs is responsible for helping the people's committees at the same level performing State management of vocational training according to the authority.
Chapter VIII TERMS of ENFORCEMENT of Article 29. Effect 1. The Decree has effect after 15 days from the date The report.
2. This Decree replaces Decree No. 31/2001/ND-CP dated 9 January 2001 from the Government detailing the implementation of The labor law and the law on vocational education. The previous provisions contrary to this Decree are repealed.
Article 30. Responsibility 1. Minister of labor, invalids and Social Affairs guidelines for implementing this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other relevant bodies responsible for the implementation of this Decree.