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MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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THE SOCIALIST REPUBLIC OF
VIETNAM
Independence – Freedom – Happiness
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No. 05/2022/TT-BLDTBXH
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Hanoi, April 05, 2022
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CIRCULAR
COOPERATION IN RUNNING VOCATIONAL
EDUCATION PROGRAMS
Pursuant to the Law on vocational education dated November 27, 2014;
Pursuant to the Law on education dated June 14, 2019;
Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17,
2012 on functions, duties, powers and organizational structure of the Ministry
of Labor, War Invalids and Social Affairs;
Pursuant to the Government’s Decree No. 15/2019/ND-CP dated February 01,
2019 providing guidelines for some articles and implementation of the Law on
Vocational Education.
At the request of Director of General Department of Vocational Education;
The Minister of the Ministry of Labor, War Invalids and Social Affairs
hereby promulgates the Decree on cooperation in running vocational education
programs.
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GENERAL PROVISIONS
Article 1. Scope
This
Circular provides for cooperation in running training programs (hereinafter
referred to as “training cooperation”), including: subjects, forms of training
cooperation, cooperation in running training programs, rights and obligations
of the parties who participate in the training cooperation.
Article 2. Regulated entities:
1.
This Circular applies to vocational education institutions, institutions with
vocational education operations, centers for vocational education and
continuing education, enterprises, organizations and individuals who have
demands for training cooperation.
2.
This Circular does not apply to foreign partners to training cooperation.
Article 3. Definitions
For
the purposes of this Circular, the terms below are construed as follows:
1.
Training cooperation refers to cooperation between the units who are
responsible for training cooperation (hereinafter referred to as “the presiding
units”) and the units who cooperate with the presiding units in training
cooperation (hereinafter referred to as “the cooperating units”) in order to
run training programs for the purpose of granting elementary certificates,
college diplomas and intermediate degrees without establishment of the new
legal entities.
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3.
A presiding unit is a vocational education institution, an institution with
vocational education operations, a center for vocational education and
continuing education or an enterprise who is granted certification of registration
of vocational education and responsible for training cooperation.
4.
A cooperating unit is a vocational education institution, an institutions with
vocational education operation, a center for vocational education and
continuing education, enterprises, organizations and individuals who have
demands for training cooperation and participate in training activities. The
cooperating unit shall cooperate with the presiding unit in managing training
activities, teaching in form of theory and practice, ensuring the conditions of
training cooperation or only ensuring the conditions of training cooperation.
Article 4. Objectives and forms of training cooperation
1.
The objectives of training cooperation are extraction, cooperation and
mobilization of social resources in order to train laborers in vocational
education and improve the quality and efficiency of training.
2.
There are 2 forms of training cooperation:
a)
Teaching cooperation: the cooperating units shall directly teach the contents
of programs for training cooperation, cooperate in management of the process of
training and ensure the conditions of facilities and equipment for the purpose
of training cooperation; or only teach the contents of programs for training
cooperation;
b)
Non-teaching cooperation: the cooperating units shall not participate in direct
teaching the contents of programs for training cooperation; only cooperate in
managing and ensuring the conditions of facilities and equipment for the
purpose of training cooperation.
Chapter II
ORGANIZATION OF
TRAINING COOPERATION, RIGHTS AND OBLIGATIONS OF THE PARTIES PARTICIPATING IN
TRAINING COOPERATION
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1.
The presiding units shall take charge and cooperate with the cooperating unit
in preparation for facilities, equipment and teaching staffs according to
regulations in the training program and standards of facilities and equipment
in order to organize training courses in the form of cooperation to ensure the
quality of training.
2.
The coordinating unit shall participate in teaching training programs according
to the conditions and form of training cooperation. The plan, time and volume
of the contents of lessons shall be agreed upon by the two parties and stated
in the contract for training cooperation according to regulations of Article 6
of this Circular.
3.
The enrollment target for training cooperation shall be included in the total
target according to the registration of vocational education activities of the
presiding unit.
4.
The management of learners throughout the training process shall comply with
the regulations of Circular No. 17/2017/TT-BLDTBXH dated June 30, 2017 of the
Minister of Labor, War Invalids and Social Affairs on student management
regulations in secondary schools, colleges.
5.
The training cooperation in the form of co-operative education shall comply
with regulations of Circular No. 31/2017/TT-BLDTBXH dated December 28, 2017 of
the Minister of Labor, War Invalids and Social Affairs on regulations on
training at college, intermediate and elementary levels in the form of
co-operative education.
Article 6. Contracts for training cooperation:
The
contracts for training cooperation shall include the contents of the training
cooperation; rights and responsibilities of the presiding units and the
cooperating units. The contents of contracts for training cooperation shall
contain:
1.
Name of industrial sectors, levels or contents of training; time, location,
scale and forms of training cooperation.
2.
Training program, conditions of assurance about the quality of facilities and
equipment for training.
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4.
Teachers participating in teaching and guiding; regime or salary of teachers
and learners in case they make qualified products throughout the process of
practice or internship (if any).
5.
The time of contracts for training cooperation
6.
Rights and obligations of the parties participating in training cooperation
7.
The finance for making of contracts for training cooperation
8.
Other relevant contents
Article 7. Rights and obligations of the parties participating in
training cooperation
1.
Uniformly collect the enrollment fees and tuition fees according to
regulations. In case the vocational education institution cooperates with the
enterprise in training whichever party initiates the agreement, both parties
shall negotiate the salaries and wages of learners or teachers who directly
make products throughout the process of training, practice and internship at
the enterprise.
2.
Negotiate and sign contracts for training cooperation according to regulations
of Article 6 of this Circular.
Article 8. Obligations of the parties participating in training
cooperation
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a)
Register vocational education activities or additional vocational education
activities for the industrial sectors expected to be used for training
cooperation according to regulations of the Government's Decree No.
143/2016/ND-CP dated October 14, 2016 on requirements for investment and
operation in vocational education; the Government's Decree No. 140/2018/ND-CP
dated October 08, 2018 on amendments to Decrees related to business conditions
and administrative procedures under the management of the Ministry of Labor,
War Invalids and Social Affairs; In cases the training cooperation only
conducts one or some contents of the training program, the presiding unit shall
not register vocational education activities or additional vocational education
activities;
b)
Carry out enrolment according to the regulations of Circular No.
05/2021/TT-BLDTBXH dated July 07, 2021 of the Minister of Labor, War Invalids
and Social Affairs on regulation on admission and determination of admission
quotas for post-secondary programs and college programs;
c)
Organize training courses, manage the quality of training, evaluate and
recognize the result of learning of learners according to regulations of
Circular No. 04/2022/TT-BLDTBXH dated March 30, 2022 of the Minister of Labor.
- Invalids and Social Affairs on organization of training courses at
intermediate level, college level according to year-based education,
credit-based education or module-based system; Circular No. 42/2015/TT-BLDTBXH
dated October 20, 2015 of the Minister of Labor, War Invalids and Social
Affairs on regulations on basic-level training; Circular No. 34/2018/TT-BLDTBXH
dated 26 December 2018 of the Minister of Labor - Invalids and Social Affairs
on amendments to some articles of Circular No. 42/2015/TT-BLDTBXH dated October
20, 2015; Circular No. 43/2015/TT-BLDTBXH dated October 20, 2015 on regulations
on continuing education; Circular No. 07/2017/TT-BLDTBXH dated March 10, 2017
on working regime for vocational education teachers; Circular No.
08/2017/TT-BLDTBXH dated March 10, 2017 on standards in qualifications of
vocational education teachers; Circular No. 21/2020/TT-BLDTBXH dated December
30, 2020 on amendments to some articles of Circular No. 08/2017/TT-BLDTBXH
dated March 10, 2017 and Circular No. 31/2017/TT-BLDTBXH dated December 28,
2017 on regulations on training at college, intermediate and elementary levels
in the form of co-operative education;
d)
Manage and issue certificates and degrees to the learners who have graduated
from training cooperation courses according to regulations of Circular No.
10/2017/TT-BLDTBXH dated March 13, 2017 of the Minister of Labor, War Invalids
and Social Affairs on samples of intermediate and college diplomas; printing,
management, issuance, revocation of intermediate and college diplomas, Circular
No. 24/2020/TT-BLDTBXH dated December 30, 2020 of the Minister of Labor, War
Invalids and Social Affairs on amendments to some articles of Circular No.
10/2017/TT-BLDTBXH dated March 13, 2017 of the Minister of Labor, War Invalids
and Social Affairs; Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015 of
the Minister of Labor, War Invalids and Social Affairs on regulations on
basic-level training and Circular No. 34/2018/TT-BLDTBXH dated 26 December 2018
of the Minister of Labor - Invalids and Social Affairs on amendments to some
articles of Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015;
dd)
Heads of the presiding units shall promulgate decision on enrollment for
training cooperation according to regulations on training cooperation. The decision
shall specify the name of the industrial sectors, levels, forms of training,
subjects and forms of enrollment.
2.
The cooperating units shall:
a)
Cooperate with the presiding units in adequately preparing necessary conditions
for assurance about the quality in order to participate in organization of
training cooperation according to the contracts for training cooperation
between both parties
b)
Monitor and supervise the implementation of the training plan, the organization
of teaching and learning and promptly report the violations to the presiding
units for prompt correction.
Chapter III
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Article 9. Department of Labor, War Invalids and Social Affairs shall:
1.
Provide guidance on organization of training cooperation for the units under their
management according to regulations of this Circular.
2.
Annually, summarize and report training cooperation of the local units to
General Department of Vocational Education and Training, the Ministry of Labor,
War Invalids and Social Affairs according to the reporting regime specified in
Circular No. 04/ 2022/TT-BLDTBXH dated March 30, 2022 of the Minister of Labor,
War Invalids and Social Affairs on organization of training courses at
intermediate level, college level according to year-based education,
credit-based education or module-based system
3.
Submit reports on training cooperation and relevant problems to competent
authorities according to regulations of the law or make irregular reports if
necessary.
Article 10. The presiding and cooperating units shall:
1.
Promulgate regulations on training cooperation for the units, agencies,
organizations and individuals according to regulations of this Circular.
2.
Annually, submit written reports on training cooperation by December 31
inclusive of the units to Department of Vocational Education and Training, the
Ministry of Labor, War Invalids and Social Affairs where the headquarter is
located according to the reporting regime specified in Circular No. 04/
2022/TT-BLDTBXH dated March 30, 2022 of the Minister of Labor, War Invalids and
Social Affairs on organization of training courses at intermediate level,
college level according to year-based education, credit-based education or
module-based system
3.
Keep documents on training cooperation according to applicable regulations on
keeping.
Article 11: Entry into force
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2.
Any course in the form of training cooperation which is provided before the
effective date of this Circular shall comply with regulations in Circular No.
29/2017/TT-BLDTBXH.
3.
In case any document that is cited in this Circular is amended or replaced, the
latest one shall be applied.
4.
The People's Committees of provinces, socio-political organizations, General
Department of Vocational Education, Departments of Labor, War Invalids and
Social Affairs of provinces, relevant units, organizations and individuals
shall be responsible for implementation of this Circular
PP. MINISTER
DEPUTY MINISTER
Le Tan Dung