GOVERNMENT DECREE detailing implementation of The labor law and the law on vocational education _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
The labor code base on 23 June 1994;
Pursuant to the law on education in March 1998;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. This Decree detailing implementation of The labor law and the law on the Organization of education, training and service activities, vocational counselling; the type of vocational institutions; rights, benefits and responsibilities of vocational, trades people, apprentices; investment policies, incentives for vocational training; State management of vocational training.
Article 2.
1. Vocational schools, vocational centers, vocational classes (vocational) are independent organisations or associated with production facilities, business services, other institutions under the provisions of this Decree.
2. vocational basis prescribed in paragraph 1 of this article include: a) public vocational establishments by the competent State agencies decided to set up, investments, organization management and administration;
b) vocational Charter was established on the basis of the link between the State agency with the Organization, the individual in the economic component, type of ownership, or by turning the public into vocational vocational public sale; Managing Executive, made under the provisions of the law;
c) vocational establishments set up by the political organization, social-political organizations, economic organization, social-professional organizations, social organization founded by investment funds, in addition to the State budget; self managing, operating under the rule of law, consistent with the goal of the MRC, organization;
d) vocational of the businesses of all economic sectors (hereinafter referred to as the enterprise), the cooperative was established to vocational, complement the profession, improve their vocational skills, for employees to meet the requirements of production, business development, changing the structure of production, business technology cooperative and enabling workers to find jobs, self-employment;
DD) private vocational basis by individuals or a group of individuals that qualify for investment established and managed in accordance with the law;
e) vocational by Vietnam people settled abroad, foreign organizations, international organizations on the territory of Vietnam (hereinafter referred to as the vocational foreign investment) investment, construction and operational organization according to the provisions in this Decree and the law of Vietnam.
Article 3.
1. The Government shall encourage, create favorable conditions for organizations, individuals in local and foreign investment in construction, vocational development meets the needs of economic and social development of the country: a) to craft teaching jobs for people who haven't got a job, workers lose jobs or the jobs to meet the needs of the labour market;
b) vocational training in combination with use of apprentices work at cooperative enterprises after their apprenticeship; vocational retrain to move to other occupations in the business; vocational training for women workers;
c) vocational tied to job creation in the employment service center, Center for application development, technical progress, transfer new technology and other service institutions;
d) vocational, complement the profession for workers serve the needs of labor and expert export;
vocational) consistent with objectives of organizations founded vocational establishment;
e) fostering, advanced level, vocational skills, the transfer of technical progress, new technologies for teachers, professional staff, Vietnam workers working at the base of the foreign vocational training;
g) workers are allowed in the form of apprenticeship studying done, distance learning, self-study guides have vocational program by the Ministry of labor, invalids and social regulations. After school program runs out if eligible shall be the right to contest, and check if it is level vocational training diploma or certificate.
2. vocational development priorities and have the proper incentives policies for apprentices and vocational direction of the following: a) private vocational wounded soldiers, sick, disabled people, ethnic minorities; vocational training for workers in remote areas, mountainous, island, border; teach the traditional craft;
b) apprentices subject to influence social policy; learning the craft has heavy labor conditions, toxic; training at the following address for the Alpine region, borders, Islands enjoy proper incentives policies about admissions, scholarships, tuition exemption, graduated according to the regulations of the State.
Article 4.
1. Vocational public, semi-public, people-founded was founded when the following conditions: a) has taught the theory, practices, equipment, means of ensuring the level of vocational training, vocational skills under the registered training objectives; ensure the safety and hygiene conditions of labor for learners;
b) vocational teachers Have reached standard levels specified in point d of paragraph 1 to article 67 of the Education Law and the provisions in this Decree;
c) vocational program consistent with principles of construction of vocational programs by the Ministry of labor, invalids and social regulations; There are vocational curriculum consistent with objectives, vocational training content;
d) private property, capital sufficient to guarantee Vocational activities.
2. The Ministry of labour, invalids and social rules of construction principles and implementation of long-term vocational programs, short for vocational institutions; selection, training, use of vocational teachers have not yet reached the standard level; in collaboration with the Ministry of education and training program regulation improving pedagogy; professional training for teachers of vocational pedagogy.
Article 5.
1. Vocational private schools have students from 10 persons or more; vocational establishments of the enterprise, of the cooperative is organized into classes and have tuition fees have to have enough of the conditions specified in paragraph 1 article 4 of this Decree.
2. private vocational, vocational establishments of enterprises, vocational cooperatives's short there under 10 learners in the form of tutoring at home, and have tuition fees must have the following conditions: a) the location of vocational, vocational practice equipment consistent with the profession of teaching guarantee the conditions of hygiene and safety for apprentices;
b) Have the proficiency to craft practical guide;
c) have adequate tools, materials to traineeships;
d) contract between vocational apprenticeships and apprentices;
DD) registered with the province people's Committee, the town where in the labor Room and invalids and Social Affairs.
3. cooperative enterprises to recruit people on apprenticeship, vocational internship to work at cooperative enterprises according to the time limit in the contract of apprenticeship, trades do not have to enroll in vocational activity; not comply with the provisions of this Decree on conditions established vocational; not collecting fees.
Article 6. Vocational foreign investment in Vietnam was established according to the type of school, vocational center to form joint ventures, business partnership, 100% foreign capital to make vocational activities are defined as follows: 1. The establishment, dissolution of vocational establishments have foreign investment under the provisions of the law on foreign investment in Vietnam;

2. Vocational invested abroad must operate in accordance with the provisions of this Decree and law of Vietnam, not detrimental to the national security, are not contrary to morality, cultural traditions of the peoples of Vietnam and the international treaties to which Vietnam joined signed;
3. Vocational invested abroad must register with the Ministry of labor, invalids and Social Affairs.
Article 7.
1. Vocational public, semi-public, people-founded and private schools have students from 10 persons or more; vocational establishments of the enterprise, of the cooperative is organized into classes must register for training at the Agency of labor, invalids and Social Affairs is in place.
2. The vocational establishments below to register at the General Department of vocational training of the Ministry of labor, invalids and Social Affairs: a) vocational schools, vocational centers subordinated to the Central Agency of social-political organizations, economic organization, social-professional organizations, civil society organizations;
b) vocational schools, vocational centers of Ministry, ministerial-level agencies, government bodies, in the central cities, have the task of vocational training, the vocational training service for Labor export.
Article 8.
1. The vocational subject vocational activities, register to have the Charter, organization and regulation of private activities in accordance with the Charter, the Organization and regulation of the vocational activity by the Ministry of labor, invalids and Social Affairs; the correct observance of the laws and regulations in this Decree, to respect and ensure the rights, legitimate interests of apprentices under the provisions of the law and according to the contract of apprenticeship.
2. The relationship between vocational and apprentices are established admissions regulations vocational or apprenticeship contracts. Apprentices must fulfill the Charter, statute of vocational basis.
Article 9.
1. organizations, personal, investment service activities are collecting money in the field of vocational training are subject to the following provisions: a) have enough active service conditions, vocational counselling as defined by the Ministry of labor, invalids and Social Affairs;
b) registering scope of active content, services, advice on vocational training with the Department of labor, invalids and Social Affairs is in place;
c) observance of the provisions of the law and is committed under a contract with the person who is the beneficiary of the service, vocational counselling; responsible before the law for the operation of the service, vocational counselling.
2. The Government encourages the bodies, organize vocational counselling activities free of charge for citizens, workers in need of counseling.
 
Chapter II ORGANIZATION and VOCATIONAL ACTIVITIES Item 1 article 10 LONG-TERM VOCATIONAL TRAINING.
1. long term vocational made from 1 to 3 years in the vocational school. Professional high schools, colleges, universities are eligible to be held long-term vocational training according to the provisions of this Decree.
2. long-term vocational training for those who are qualified apprentices under the provisions of the Ministry of labor, invalids and Social Affairs.
3. The construction of long-term vocational programs are based on the principle of building the program by the Ministry of labor, invalids and social regulations. Vocational programs have to be materialized into the syllabus. Long-term vocational training by organizing school principal editor. The evaluation of the program, the long-term, short-term vocational training by the Ministry of labor, invalids and social regulations.
Article 11. The standard level of long-term vocational teachers are defined as follows: 1. vocational teachers must have a college degree or technical diploma; teachers only teach craft practices might be artisans or engineers, technical workers have higher skilled level two or more ranks than vocational training level;
2. other subjects teacher must have a college diploma or diploma education in universities, colleges, other;
3. for the teacher prescribed in clause 1 and clause 2 of this Thing yet have pedagogical college diploma or a University must have the certificate of pedagogical training.
Article 12. Vocational school has the following powers and duties: 1. Implement the program and build training plans consistent with the object and the time of vocational training; advanced vocational qualification training for technicians, according to the standard of vocational technical level by the competent State agencies;
2. vocational training needs research; vocational organizations long term, short term vocational and vocational counselling;
3. Application of technical and technological advances in the training process;
4. Mining and the effective use of resources for vocational training; perform technical services, technology transfer, manufacturing and business matching trades training as prescribed by law;
5. Organize, educate and manage the apprentices; in collaboration with families and society to build healthy educational environment; manage teachers, officers and employees;
6. The organisation, the management of the training process, recognizes graduates and secondary vocational training, certificate by the authority;
7. Management, use of property in accordance with the law;
8. universal participation for workers; in collaboration with the schools of engineering education and careers for students;
9. links with economic organizations, education, science to contribute to improving the quality of vocational training, with job, additional financial resources for the school;
10. Perform periodic report mode and irregularly at the request of the State Agency of vocational training.
Article 13.
1. Vocational schools are organized by professional faculty, Department, function rooms, business rooms, units, units of production, business and services consistent with the training profession.
2. Apprentices are organized by grade, group, group learning.
3. The Rector is responsible for managing, operating activities of the school; help principal is Deputy Rector. Standards, tasks, powers and procedure of appointment, recognized principals, vice principals due to the Ministry of labor, invalids and social regulations.
4. The principal Training Council, other Advisory Council to help the principal duties and powers of the school.
5. The composition, functions, duties and powers of the organization specified in clause 1 and clause 4 of this Article are set forth in the Charter School.
Article 14. The principal secondary vocational training; Principal of the high school, College, professional college students to long-term vocational registration as stipulated by the Ministry of labor, invalids and Social Affairs be given vocational training diploma.
Article 15. Vocational schools are established according to the master plan by the competent State agencies for approval.
1. The authority to establish vocational schools are defined as follows: a) Ministers, heads of ministerial agencies, heads of government agencies decided to establish vocational schools directly after the text of the agreement of the Ministry of labor, invalids and Social Affairs;
b) people's Committee Chairman decided to establish vocational schools in the management; allow the establishment of private vocational schools, vocational school in political organization, social-political organizations, economic organization, social-professional organizations, civil society organizations played on the province, city, after the suggestion of individuals, of the head of that organization and the text agreed upon by the Ministry of labor, invalids and Social Affairs.
2. application procedures, established the school and vocational activities registration of vocational schools by the Ministry of labor, invalids and social regulations.
Article 16.

1. Management would decide to establish the level of which the Authority decided to suspend operations, merger, Division, separation, dissolution and transfer of vocational school from a public to semi-public or out of the school system.
2. The merger, Division, separation, transfer from public school to sell or out of the system of vocational schools was done at the request of the planning network of vocational school or organization's requirements, individuals stand out please founded vocational schools but must be agreed upon in writing by the Ministry of labor, invalids and Social Affairs and must follow the following guidelines : a) contribute to improving the quality and efficiency of vocational training;
b) secure the benefit of apprentices.
3. procedure for submitting, receiving records merger, split, split the vocational school is made according to the regulations of the Ministry of labor, invalids and Social Affairs.
Article 17.
1. Vocational school suspended operations in case of serious breach of the rules on the organisation and operation of the school, goals, programs, vocational planning, regulation, degrees, certificates or not sure enough the conditions prescribed in paragraph 1 article 4 of this Decree.
Vocational management agency based on the recommendations of the Inspector and the comments related to the authority to consider, decide the suspension of operation of the vocational school.
In the decision to suspend activities in vocational school must specify the reason and duration of the suspension; These problems are overcome; the protection of the rights of teachers, managers and apprentices; test requirements, reviews before you decide for operated again.
2. Vocational schools were dissolved in case of inability to rectify the breach, not to ensure the conditions for vocational training after their active or suspended must be dissolved according to the Organization's proposal, individuals stand out to please the stance, or by request of the planning system of vocational schools.
The decision to dissolve the vocational school was made after ensuring the resolve mode, internal policy, staff, responsible for the material or the rights to continue the student's vocational apprenticeship as prescribed by law.
Section 2 SHORT-TERM VOCATIONAL Article 18.
1. short term vocational training under a year in vocational centres, vocational classes independently or in association with business facilities, services and other institutions.
Short-term vocational training for those with education level and health consistent with the profession needs to learn.
2. short term vocational training can be organized in the form of learning organization theory and classroom practice; tutoring in the factory, at home, take the practice is the key, just as school; technology transfer; putting scientific knowledge, new technologies and advanced production experience.
Article 19. Vocational Center, independent vocational class to be active when the following conditions: 1. Be established as prescribed by law;
2. There is sufficient infrastructure, engineering necessary for teaching and learning;
3. Get enough teachers with standard level according to the provisions of article 20 of this Decree and guidance of the Ministry of labor, invalids and Social Affairs;
4. Have the content, programs, consistent with the objective of vocational training;
5. regulations of the Organization and operation of the vocational Center.
Article 20. The standard level of short term vocational teachers are defined as follows: 1. The teacher teaches the theory must have graduate technical school, or professional school graduates;
2. The teacher teaches the practice of the profession is engineering, higher skilled, or craftsman, expert;
3. for teacher prescribed in paragraph 1, paragraph 2 this does not yet have a pedagogical school diploma must have certificate of pedagogical training.
Article 21. Vocational centres have the task, the following powers: 1. short term vocational institutions, vocational training, professional training and vocational counselling; Organization of training and dissemination of knowledge in science, engineering, technology, advanced production experience;
2. Job-attached to the labour market, consultants, introduce workers to places in need of work;
3. Organize, manage the training process and grant the certificate according to the authority;
4. management of officers, teachers, infrastructure, property under the provisions of the law;
5. Implementation of technical services, technology transfer, manufacturing and business matching trades training as prescribed by law;
6. Cooperation with the Organization of the economy, education, culture, health, scientific research to job with vocational training;
7. Prepare reports according to the regulations of the State Agency of vocational training.
Article 22. Vocational Center Director is responsible for the management and administration activities of the Center; help the Center Director has the Deputy Director. Vocational Centre was organized into the room, Board, business function, the teacher.
Article 23. Director of the Center for vocational, vocational school and the vocational registered establishments, Rector of the high school, College, professional college students have short term vocational registration as stipulated by the Ministry of labor, invalids and Social Affairs vocational certificate.
Article 24. The conditions, procedures and jurisdiction establishment, merger, Division, separation, suspension of activity, dissolved Center follow the regulations of the Ministry of labor, invalids and Social Affairs.
Section 3 VOCATIONAL FOREIGN INVESTMENT article 25. Vocational schools, vocational centers invested abroad are subject to the provisions of article 6 of this Decree and the regulations of the following particulars: 1. Just be training and organization of production practice for apprentices in the correct training craft in the investment license;
2. Ensuring the right to sign on to an apprenticeship for every citizen in Vietnam, foreigners have registered permanent residence, or staying long term in Vietnam had enough age and education level as required by the training profession and the University's admissions standards, Center;
3. Priority recruitment of citizens of Vietnam to make teachers, managers and technical personnel in the field, Center. For those teachers, staff require high level that the Vietnam do not meet, the school, the Center has the right to recruit foreigners, who must be competent State agencies review, licensing and labour are entitled to preferential rights such as: entry, import tax , export, transportation and other incentives under the provisions of the law;
4. Based on the trades training, infrastructure and geographical activities, regulation costs match each craft and vocational areas. Apprentices tuition with money Vietnam according to the level of agreement between apprentices and school, Center;
5. Guarantee of the rights and obligations of Vietnam laborers working at the Center, according to the employment contract; the rights and obligations of apprentices under the apprenticeship contract is signed with the school, the Center.
 Article 26.
1. Based on your level and the level of training, vocational school, vocational Center, foreign investment has the duty to register with the Ministry of labor, invalids and Social Affairs Vietnam vocational training diploma, certificate of school, Center. Vocational training diploma, certificate by vocational schools, vocational centers have foreign investment levels have legal value on the whole territory of Vietnam. Vocational training diploma, certificate is recorded in two languages: Vietnamese and foreign languages.

2. The principal vocational school level foreign-invested vocational training diploma, certificate; Director, Center of foreign-invested vocational certificate. The provision of vocational training diploma, certificate was made right after graduating from the course.
Article 27.
1. The authority established dissolve vocational schools, vocational centers have foreign investment made under the provisions of article 6 of this Decree.
2. Registration procedure for dissolution of schools, vocational centers invested abroad by the Ministry of labor, invalids and Social Affairs for specific regulations.
Item 4 Article 28 APPRENTICESHIP CONTRACT.
1. The contract of apprenticeship expressed the commitment between vocational and apprenticeship or vocational training establishments and between organizations, individuals wishing vocational training on the rights, interests, obligations and responsibilities of each party in the period of vocational training.
2. Contract of apprenticeship was established two legal values are the same, each party holds one copy, according to the model by the Ministry of labor, invalids and Social Affairs. In the case of vocational time under 15 days, then the two parties can communicate orally apprenticeship contracts.
Article 29.
1. The following cases are contracts between apprentices with apprenticeship vocational: a) apprentices at the vocational, people-founded and private schools; vocational establishments of enterprises, cooperatives; vocational invested abroad;
b) apprentices in vocational training targets outside the public have the State budget allocated to vocational;
c) apprentices after the training period is assigned the work according to the specified address or to carry out the task of exporting labor and expert.
2. in case of vocational apprenticeship contracts for many of an organization, individuals wishing vocational training, apprenticeship contracts are established must be accompanied by a list of apprentices.
Article 30. Apprenticeship contract must specify the following principal contents: 1. The name of the profession;
2. Goals: vocational qualifications to achieve, the work to be done, these products will be out after school;
3. Duration of theory and practice;
4. Machinery, equipment for practice, practice organization, occupational safety, hygiene and labour;
5. Where study and practice;
6. The number of fees are charged; tuition is waived, discount (if any), the method of paying fees;
7. Solutions for employment after completing apprentices;
8. compensation liability of each party as violating the contract of apprenticeship.
Article 31.
1. The case of cooperative enterprises to recruit people into apprenticeship to then work for business then the learner does not have to pay your school fees and contracts of apprenticeship is adding more content: a) time must work for cooperative business after school;
b) wage paid to apprentices when they directly, or making products for the enterprise, cooperative during an apprenticeship. The level of the wages due to the two parties to the agreement based on the value of profitable.
2. Contract of apprenticeship in vocational establishments in the form of tutoring in the factory, at home, in addition to the content recorded in article 30 of this decree must specify the start time be remunerated and the wage paid to apprentices each time. The level of the wages due to the two parties to the agreement based on the value of profitable.
Article 32.
1. Apprentices unilaterally terminate the contract of apprenticeship before the deadline shall not be refunded the fees already paid. During the apprenticeship, if apprentices go do military service, not enough ill health to continue studying or vocational basis does not perform properly the contract of apprenticeship shall be charged the fees of the school time rest.
2. Vocational unilaterally terminate the contract of apprenticeship before the deadline, they must notify the State Agency of vocational causes. If the Agency confirm the termination of the contract due to causes of force majeure causes, then the vocational is not returned to the apprentices of the fees collected; If due to other causes, the vocational establishments have to pay back for all the apprentices school fees collected.
3. are female apprentices, in the process of implementation of the contract of apprenticeship to which the pregnant, if the certificate of the health district level upwards on the implementation of the contract of apprenticeship will be affected badly to the fetus, then terminate the contract of apprenticeship compensation charge of vocational , after their maternity leave, if there are aspirations and qualify, then continued to study.
4. The case of cooperative enterprises to recruit people into apprenticeship to work for business, if apprentices unilaterally terminate the contract of apprenticeship before the deadline or the school do not work or work not enough commitment period were recorded in the contract of apprenticeship with cooperative enterprises must then compensate the cost of vocational training.
The fee includes the cost of vocational training for the teaching, learning materials, classroom, machinery, equipment, materials and other costs, facilitating support for learners. Compensation by enterprises, cooperatives, agreed in advance and clearly in the contract of apprenticeship.
5. After 3 months from the end of the apprenticeship that business cooperative, not labor contracts with apprentices, then that person has the right to labor contracts with other people and not have to pay the cost of vocational training.
6. The apprentices at the address in high mountain areas, border, Islands after the apprenticeship is completed must approve the assignment, the unit's operation, the Agency dispatched; If the Executive decides not assigned, maneuver it, then have to reimburse scholarships and job training costs.
 
Chapter III INVESTMENT POLICIES, INCENTIVES for VOCATIONAL Article 33. Investment financing for training include: 1. The State budget (including the central budget and local budgets) to hold a major role in the investment resources for vocational training;
2. The capital of the Organization, individuals invest for training;
3. Fees, money to build the school, the class;
4. The funding of the Organization, foreign individuals and international organizations; the contribution of individual organizations in the country;
5. The funds invested or contributed to your vocational enterprises, investment projects in the country and abroad when the construction of industrial works and services;
6. The revenues of the vocational establishments from operating consulting, technology transfer, production, services;
7. Other sources.
Article 34.
1. The Ministry of labour, invalids and Social Affairs in collaboration with the Ministry of planning and investment, Ministry of finance with the allocation of the State budget spent on vocational training.
2. The Ministry of labour, invalids and Social Affairs manages the budget of vocational and other revenues prescribed by law; in collaboration with the Ministry of finance prepared annual reports on the use of the budget to the Government vocational.
3. the people's committees of all levels have the responsibility to manage and use the right purpose vocational budget section. Every year, the ministries, the provincial people's Committee, reported the Ministry of finance and the Ministry of labor, invalids and Social Affairs on the implementation of the part of the budget is allocated for vocational training.
4. The Ministry of labour, invalids and Social Affairs coordinated with the ministries, the provincial people's Committee building the long-term plan, the allocation of annual training goals and projects for the vocational aims to ensure the structure, levels, structure lines meet the requirements of the labour market.

5. The Ministry of finance in cooperation with the Ministry of labor, invalids and Social Affairs spending provisions for long-term vocational training, short-term vocational training followed; build mode, standard, budget costs for vocational training; directing financial institutions issued under full funding allocations, timely and in accordance with the law.
Article 35. The people's Committee of the levels have a responsibility to proactively balancing the revenue sources to supplement teaching budgets, spending on vocational guarantee per capita were in lower local spending by the central regulations.
Article 36.
1. vocational facility dedicated to disabled people, orphans are not helpless, the minorities, the social ills that are object of government investment in building the school, class, physical facilities, train teachers and tax exempt under the provisions of the law.
2. vocational establishments acquiring disabled persons, ethnic minorities, social ills, object basis in the vocational and more people lose their jobs, lack of employment, vocational institutions traditionally reduce taxes under the provisions of the law.
3. business case, open cooperative vocational training classes for employees of the cooperative business to switch to a different line of work in the cooperative business or vocational training for new recruits to then work in cooperative enterprises shall be exempt from tax.
Article 37.
1. public vocational establishments made the currency, use fees, and tuition exemption by decision of the Prime Minister. Vocational, people-founded and private schools collect fees as agreed in the contract of apprenticeship between vocational with apprentices or to send units of study consistent with the provisions of the law.
2. The fee collected according to the provisions in clause 1 Article 92 of law education is done according to the principle of currency to ensure the reasonable expenses related to the work of enrollment and managed according to current financial regime.
The people's Committee of the provincial people's Council proposed the same level prescribed fee revenue level in vocational institutions in the management.
The Ministry of finance, in cooperation with the Ministry of labor, invalids and Social Affairs regulating the level of fee income in the vocational Ministry, management.
3. The Ministry of labour, invalids and Social Affairs in collaboration with the Ministry of Finance regulates scholarship policy and budget spending for scholarships consistent with apprentices.
4. Vocational built vocational training projects to attract investment of organizations and individuals in the country and abroad.
5. vocational establishments of enterprises, cooperatives are using funding from the Fund preventive assistance job loss to organize vocational, complement the profession, teach more backup profession for women workers, training for business people to move on to another line of work by enterprises to change the structure of production or technology. Vocational funding of business accounting on the product side of the business.
 
Chapter IV ADMINISTRATION of VOCATIONAL Article 38. The Ministry of labor, invalids and Social Affairs to help the Government implement state management of vocational training, have the following powers and duties: 1. Hosted, in cooperation with the ministries and local government, construction, planning, strategic planning, policy development and implementation after approval;
2. Construction, the Government issued or issued under the authority of the legal text on the Organization and implementation of vocational training;
3. the prescribed operational conditions of service, vocational counselling; the registration and certification of vocational activities for vocational schools, vocational centers of foreign countries in Vietnam;
4. Regulating the Vietnam people abroad for training, research, discuss vocational, apprenticeship, advanced vocational level by funding self-sufficiency or by funding by organizations, individuals in local and foreign funding;
5. The promulgation of the Charter School, organization and regulation of activities in vocational centres, vocational classes; Unified form of contract of apprenticeship;
6. The promulgation of the regulations, the regulations regarding: exam, test, review, review grade graduation; release management, vocational diploma, certificate; standard of physical facilities, equipment, furniture for vocational vocational; auditing standard, evaluating the quality of vocational training; the training, fostering the use of teachers, administrators, officials and vocational scientific research;
7. Regulation of construction principles and implementation of vocational programs in the long term and the short term for the vocational training, occupational category, vocational skills;
8. Regulating the recognition of vocational training by the Vietnam foreign level according to international treaties to which the Socialist Republic of Vietnam joined signed; responsible for signing the accords equivalent vocational training qualifications, or mutual recognition of vocational qualifications with the countries, international organizations;
9. Organization of training direction, fostering vocational teachers management, career management officer;
10. In collaboration with the Ministry of finance, provincial people's Committee in the process of estimating, distribution, settlement the State budget for education; in collaboration with the Ministry of finance to check, monitor the implementation of the State budget for education;
11. Organized scientific research of vocational training;
12. the Chair, in cooperation with the ministries, the provincial people's Committee suggested the State consider awarded the title of people's teacher, teacher of excellence for those who have more work for vocational career;
13. Implementation of the international cooperation on vocational training;
14. Inspect, examine the implementation of the law on vocational education; handle complaints and violations, accusations as prescribed by law.
Article 39. The ministries are responsible for coordination with the Ministry of labor, invalids and Social Affairs guarantee the unity of the State management of vocational education, whose mission, the following powers: 1. develop, implement planning, plans and programs, vocational projects approved;
2. Guide and direct the implementation of unified management objectives, programs, vocational planning, standards, teacher qualification levels and other regulations by State for vocational Ministry, management under the guidance of the Ministry of labor, invalids and Social Affairs;
3. In coordination with the Ministry of labor, invalids and Social Affairs guide the vocational Ministry, unified construction industry career programs, compiled, appraised and browse the syllabus;
4. Establishment, merger, Division, separation or transfer of vocational Ministry, out of the management system of vocational, following the opinion and agreement of the Ministry of labor, invalids and Social Affairs;
5. international cooperation in the field of vocational training;
6. Examine the observance of the law on complaints and denunciation in accordance with the law.
Article 40.
1. provincial people's Committee is responsible for the governance of the vocational in the, have the following powers and duties: a) The provincial people's Council to decide the policy, vocational development measures, ensuring the conditions for vocational training based on local budgets allocated for long-term vocational , short-term vocational training;
b) in coordination with the Ministry of labor, invalids and social guidance in vocational institutions in the construction of vocational programs, compiled, appraised and browse the syllabus;
c) in collaboration with the ministries made the management of the State on the territory under the vocational training for the vocational Department in the Ministry, the industry plays on the province;

d) directs the Department of labor, invalids and Social Affairs, in collaboration with the industry, the level of the building and implementation of planning, planning, project on vocational training was browsing;
DD) decide to establish, suspend operations, merger, dissolution, Division, separation or transfer of vocational schools in the province out of the vocational system, following the opinion and agreement of the Ministry of labor, invalids and Social Affairs;
e) made international cooperation in the field of vocational training;
g) inspect, inspector training and complaint resolution to report under the provisions of the law of the province.
2. The Department of labor, invalids and Social Affairs has the responsibility to help the provincial people's Committee in implementing the governance of local vocational training.
Article 41. District-level people's committees responsible for the governance of the vocational facility in the district and assigned the following powers: 1. Direction, check the room labor-invalids and social sectors in the implementation of the plan of vocational and management training in his local;
2. Build the vocational plan consistent with the programme of socio-economic development of the district;
3. decision on the establishment, merger, Division, separation, dissolution vocational center in the district level after the management of the opinion the agreement in writing of the Director of the Department of labor, invalids and Social Affairs;
4. Inspect training and complaint resolution to report under the provisions of the law on the area of the district.
Article 42.
1. Inspector Inspector vocational specialist vocational function performing the duties, powers and responsibilities are specified in article 98, 99, 100 and 101 Things educational Law and according to the provisions of the law.
2. Organization and operation of specialized vocational training inspectors by the Minister of labor, invalids and social regulations.
 
Chapter V ENFORCEMENT PROVISIONS Article 43. Minister of labor, invalids and Social Affairs, the Minister of the relevant Ministry guiding the implementation of this Decree.
Article 44. This Decree takes effect after 15 days from the date of signing.
This Decree replaces the provisions for vocational training in Decree No. 90/CP dated 24 November 1993 specified frame structure of the national education system, qualifications, certification of training and education of the Socialist Republic of Vietnam; annulment of Decree No. 115/CP dated 05 September 1994 about issuing regulations of foreign vocational in the Socialist Republic of Vietnam and Decree No. 90/CP dated 15 December 1995 detailed rules and instructions of some articles of the labor code on apprenticeship.
The previous provisions of this Decree are contrary to vocational are repealed.
Article 45. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.