Circular 14/2021/TT-BLDTBXH Charters of Intermediate schools

• Official number: 14/2021/TT-BLDTBXH
• Legislation Type: Circular
• Organization: Bộ Lao động - Thương binh và Xã hội
• Signer: Le Tan Dung
• Issued Date: 21/10/2021

MINISTRY OF LABOR – WAR INVALIDS AND SOCIAL AFFAIRS --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No: 14/2021/TT-BLDTBXH	Hanoi, October 21, 2021

CIRCULAR

CHARTERS OF INTERMEDIATE SCHOOLS

Pursuant to Law on Vocational Education dated November 27, 2014 ;

Pursuant to Law on Education dated June 14, 2019;

Pursuant to Decree No. 14/2017/ND-CP dated Febuary 17, 2017 of the Government on the function, duty, authority, and organizational structure of the Ministry of Labor – War Invalids and Social Affairs;

At the request of the Director General of the General Department of Vocational Education

The Minister of Ministry of Labor – War Invalids and Social Affairs promulgates the Circular on the Charters of Intermediate schools.

Chapter I

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Article 1. Scope

This Circular provides for the Charter of intermediate schools, including: Duties and entitlements; organization and management of intermediate schools; organization of educational activities of teachers, managers, public employees, employees, and students of intermediate schools; finance, assets of intermediate schools; the relationship between the school and the enterprises, vocational education institutions, education institutions, students’ families, and society; organization of implementation of the Charter of intermediate schools.

Article 2. Regulated entities

1. This Circular is applicable to intermediate schools and organizations, individuals who participate in activities of intermediate schools.

2. Foreign-invested intermediate schools are autonomous in terms of their organizational structure shall implement other regulations private intermediate schools in this Circular.

3. This Circular is not applicable to pedagogy intermediate schools.

Article 3. Legal status of intermediate schools

1. An intermediate school has its own legal status, seal and account.

2. An intermediate school is a vocational education institution with autonomy and accountibility in accordance with the law.

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Article 4. Rules for naming intermediate schools

1. The Vietnamese name of an intermediate school shall have the elements prescribed in Point a of this Clause and one or more elements prescribed in Point b, c, and d of this Clause:

a) The phrase: “Trường trung cấp” (“Intermediate school”);

b) A phrase indicating the main educational type, field, or group of major, profession;

c) A proper name: a geographical name; the name of a cultural and historical figure; a personal name, the name of the organization that manages and owns the school. The geographical name must be associated with where the school is headquartered;

d) A phrase that is associated with the name of a region, an international name, and the name of a foreign country, WHICH must be related to (i) a national cooperation agreement or (ii) a cooperation program or a joint training program with a foreign country or (iii) a training program of a school that meets the regional standards, international standard, or the foreign country's standards.

2. The name of the school must be clear and consistent with the national tradition, culture, ethics and fine customs; must not cause misunderstanding about the school’s organization and operation or the quality, and class of the school.

3. The school name must not be identical or confusingly similar to that of an existing intermediate school.

4. The international trade name of the school that is translated from the Vietnamese name must use appropriate foreign terms in accordance with international practices. Do not translate the personal name. The international name must not cause confusion with other schools’ names.

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Article 5. Types of intermediate schools

1. Types of intermediate schools regulated by Circular:

a) Public intermediate schools;

b) Private intermediate schools;

c) Foreign-invested intermediate schools.

2. Intermediate schools’ governing bodies include:

Ministries, ministerial-level agencies, Governmental agencies, central agencies of sociopolitical organizations;

Units affiliates to Ministries, ministerial-level agencies, Governmental agencies, central agencies of sociopolitical organizations;

c) People's Committees of provinces, centrally affiliated cities (hereinafter referred to as “provinces”);

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dd) People's Committees of districts, district-level towns, and distric-level cities (hereinafter referred to as “districts”);

Article 6. State management of intermediate schools

1. Intermediate schools are under mananagement of the Ministry of Labor – War Invalids and Social Affairs, and the People’s Committees of the provinces where the school’s headquarters and branches are based.

2. Ministries, ministerial-level agencies, Governmental agencies, central agencies of sociopolitical organizations, provincial-level People’s Committees shall cooperate with the Ministry of Labor – War Invalids and Social Affairs in performing state management of intermediate schools under its management as prescribed in this Circular and related laws.

Article 7. Regulations on the organization and operation of intermediate schools

1. Regulations on the organization and operation of an intermediate school shall be promulgated by the principal according to (i) the resolution of the school council (if the intermediate school is a public school) or (ii) the resolution of the board of directors (if the intermediate school is a private school) on the basis of adapting regulations of this Circular. These regulations must be suitable with the characteristic of the school, and not contrary to the provisions of related laws.

Intermediate schools of the people’s armed force shall comply with the provisions of this Clause and regulations on the people's armed force.

2. Regulations on the organization and operation of intermediate schools include the following contents:

a) School name, abbreviated name (if any);

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c) Targets;

d) School’s duties and entitlements;

dd) The organization of training activities, scientific and technological research, production services, and international cooperations;

e) The duties and entitlements of teachers, managers, public employees, employees;

g) The duties and entitlements of students;

h) The organization and management of the school;

Finance and assets;

k) The relationship between the school and enterprises, vocational education institutions, students’ families, and society;

l) Inspection, commendation, and actions against violations.

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4. The principal of an intermediate school shall promulgate amended regulations on the organization and operation of his/her school according to the provisions of Clauses 1, 2, and 3 of this Article.

Article 8. Duties and entitlements of intermediate schools

An intermediate school shall perform its duties and entitlements in accordance with the provisions of Article 23 of the Law on Vocational Education, related laws, and the following provisions:

1. Duties:

a) Organize the execution of the intermediate and elementary-level training programs, and other regular training programs according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs.

b) Organize the development or selection and approval of training programs, textbooks, and learning materials for each major or profession of the school according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs.

c) Construct enrollment plans and organize enrollment according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs.

d) Organize training activities; examine, test, consider recognition of graduation; print certificate blanks, manage, issue intermediate vocational training certificates, elementary vocational training certificates, and other training certificates according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs. Organize practical training in health sector, other majors, and professions according to the Government's regulations ;

dd) Manage students, organize sports, culture, art activities, and other comprehensive educational activities according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs;

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g) Implement policies on support for provision of training for elementary level and less-than-03-month training for rural workers, female workers, people with disabilities, and other policies in accordance with the law;

h) Recruit, use and manage teachers, managers, public employees, employees of the school in a manner that they are adequate and suitable for the school’s majors, professions, scales, and training standards in accordance with the law;

h) Provide training or have the teaching staff, managers, public employees, and employees of the school undergo training to improve qualifications in accordance with the law;

k) Cooperate with enterprises, organizations, individuals, families of students in vocational education, career counsel, and guidance; organizing visits, internships for teachers and students at enterprises, and assisting students in jobs hunting in accordance with the law;

l) Cooperate with junior high schools, high schools, vocational - continuing education centers, continuing education centers in propagating information, guiding, and classifying students into different levels of the vocational education;

m) Conduct the vocational education-related science and technology duties, apply scientific research results, and transfer new technology to serve the socioeconomic development of ministries, central authorities, and localities;

n) Ensure democracy and transparency in accordance with the law in performing the obligation of training, science, and technology; applying results of scientific research technology transfer in teaching, career counseling for students. There must be a mechanism for students to give feedbacks about training activities and for teachers to evaluate managers, public employees, and employees of the school;

o) Manage, use lands, physical facilities, equipment, finance, and assets of the school in accordance with the law;

p) Provide data about the organization of the vocational education activities of the school to construct a vocational education database; submit periodical and irregular reports as prescribed;

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2. Entitlements:

a) Construct and organize the implementation of development plans, strategies of the school, according to the development strategy of vocational education in order to meet the requirement of the labor market;

b) Organize vocational education training programs according to the Minister of the Ministry of Labor – War Invalids and Social Affairs;

c) Associate with domestic and foreign vocational education centers, higher education centers, enterprises, Vietnamese and foreign organizations in accordance with the law to utilize and attract social resources to the execution of vocational education training programs to improve training quality, link training with jobs and the labor market. The unit in charge of joint training is responsible for granting diplomas, certificates for students;

d) Cooperate with colleges in organizing continuing education from elementary level, intermediate level to college level in accordance with the Law on Vocational Education and guiding documents;

dd) Cooperate with higher education centers in part-time training university-level and continuing education training from intermediate level to university-level in accordance with the Law on Higher Education and its guiding documents;

e) Cooperate with businesses, facilities of production, businesses, and services in constructing training programs, textbooks, and learning materials; teaching, practice guiding, evaluating learning outcomes for students; cultivating to improve teachers' qualifications;

g) Organize the teaching of mandatory high school knowledge for students who have junior high school diplomas and are participating in intermediate level programs in accordance with the Law on Education and its guiding documents;

h) Run continuing education programs at the high school level in accordance with the law;

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Public intermediate schools shall establish affiliated organizations according to the approved organizational structures in the regulations on the organization and operation of the school; assign, resign, dismiss managerial public employees in accordance with the law applicable to public service providers, public employees, and the hierarchical management of public employees.

Private intermediate schools shall establish organizations affiliated with the school according to the approved organizational structures in the regulations on the organization and operation of the school; assign, remove, dismiss the vice-principal and positions from the department managers, deans, equivalent positions or lower.

k) Organize provisions of training and advanced training for vocational education teachers according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs;

l) Organize the development and evaluation of vocational skills in accordance with the Government's regulations;

m) Organize the inspection of vocational education quality in accordance with the Government's regulations;

n) Use the revenue from training, science, technology, and services to invest in the development of the school’s physical facilities, fund training activities, increase the school's finance and other activities in accordance with the law;

o) Attract and receive sponsorships, manage, and use these sponsorships for the school’s activities in accordance with the law;

p) Manage, use public assets in accordance with the law on managing and utilizing public assets; manage and utilize financial resources in accordance with the law;

q) Be assigned or leased land and physical facilities from the State; participate in the bidding, ordering, or assigning tasks for public services funded by the State budget in the field of vocational education in accordance with the law; tax incentives and preferencial credit policies in accordance with the law;

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Article 9. Autonomy and accountability of intermediate schools

Intermediate schools have the autonomy and accountability prescribed in Article 25 of the Law on Vocational Education, related laws, and the following provisions:

1. Autonomy in terms of professional activities

a) Intermediate schools may decide their own targets, missions, strategies and development plans

b) Intermediate schools may determine, declare enrollment methods and targets; decide methods of training organization, management, and forms; decide the joint training with other qualified vocational training centers in accordance with the law; decide the continuing training of elementary level, intermediate level; enroll and manage students; develop training programs; develop and select textbooks that are suitable with the target of each training program; print diplomas, certificates, manage, and issue diplomas, certificates for students according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs;

c) Intermediate schools may flexibly change their enrolment target each year in the majors, professions specified in the certificate of registration of vocational education activities and the certificate of registration of additiona vocational education activities in accordance with the law;

d) Public intermediate schools that cover their own regular expenditures and investment shall have professional autonomy in accordance with the Government's provisions;

dd) Private intermediate schools have the autonomy to organize vocational education activities and develop the teaching staff in accordance with the law;

e) Intermediate schools may conduct scientific research, international cooperation according to the strategies and development plans of the school, and ensure the quality of the training;

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h) Intermediate schools shall exercise other professional autonomy in accordance with the law.

2. Autonomy in terms of organizational structures and human resources

Public intermediate schools have autonomy in organizational structures and personnel according to regulations on establishment, reorganization, dissolution of public non-business units; quantity of employees and their position in the public non-business unit; autonomy in organizational structures and personnel to carry out professional duties without increasing the quantiy of employees with salary (including salary and allowances) funded by the State budget;

b) Private intermediate schools have autonomy in organizational structure and development of teachers;

c) Intermediate schools may create and promulgate their own regulations on the organizations and operation; regulate functions and duties of affiliated organizations;

b) Intermediate schools may promulgate democratic regulations; promulgate and comply with internal provisions on organizational structures and personnels.

3. Autonomy in terms of finance and assets

Public intermediate schools have autonomy in finance and assets in accordance with the financial autonomy mechanism of public non-business units;

b) Private intermediate schools have autonomy in finance and assets; autonomy in mobilization, use, and management of resources to achieve vocational education targets in accordance with the law;

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4. Accountability

Shall publicize and explain to competent state agencies, students, and society (excluding the information on the list of State secrets) on the following contents:

A )The following information shall be published on the school's website:

Targets, training programs; job positions after graduation; training forms, plans; enrollment plans; annual quantity of students enrolled in each field of study; conditions of teaching and learning quality assurance.

Course fees, tuition fee waivers and reductions, scholarships, enrolment service fees, and other fees of students for each year and the whole course.

Diploma and certificate systems of the school; list of certified students each year; employment rate of graduates.

Results of vocational education quality assessment and other methods of inspection, supervision of training quality.

Organizational structures, legal representatives, internal regulations, and provisions of the school.

b) Make commitments to state authorities and take responsibility for all operations to meet these commitments; must not allow any individuals or organizations to take advantage of the school's identity, physical facilities, and equipments to conduct illegal activities contrary to the law and this Circular;

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d) Publicly announce enrollment targets, enrollment fields of study, training levels; announce conditions of vocational education assurance for each major, profession granted in the certificate of registration of vocational education activities, certificate of the additional registration of vocational education activities (if any); announce diplomas, certificates for students on www.vanbang.gdnn.gov.vn. Conduct financial reports according to provisions and publicly announce on the school’s website;

dd) Submit reports and provide explanation for competent authorities about contents related to inspection.

Chapter II

ORGANIZATION AND MANAGEMENT OF INTERMEDIATE SCHOOLS

Article 10. Organizational structures, establishments, terminations, dissolutions of intermediate schools

1. Organizational structure of a intermediate school includes:

a) The school council in case of a public intermediate school or the board of directors in case of a private intermediate school;

b) Principal and vice-principals;

c) Divisions and other specialized and professional departments;

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dd) Advisory councils;

e) Organization of scientific research and technology; practice facilities, organization of training services, research and development; business operators (if any). Establishments and operations of these units comply with regulations of the law;

g) Branches (if any).

2. Establishments and terminations of branches shall comply with the Government’s regulations.

3. Establishments and dissolutions of organizations affiliated with intermediate schools; organizational structures, duties, entitlements of each organization shall comply with the law's provisions, this Circular, and be included in the regulations on the organization and operation of the school.

Article 11. School councils

1. The school council shall be founded at public intermediate schools. The school council is a management body that represents the school' ownership.

2. The school councils shall have the duties and authorities as prescribed in Clause 2 Article 11 of the Law on Vocational Education and the following provisions:

Request competent agencies to consider approving plans for employment, removal from office, dismissal or approval for resignation, or replacement of school council’s members

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c) Nominate candidates for the posts of principal and vice-principals; conduct an annual evaluation of the performance of principal and vice-principals; propose removal from office or dismissal of the principal and/or vice-principal to competent agencies; conduct mid-term or irregular surveys of confidence in principals, vice-principals in necessary cases;

d) Request the principal to provide explanations for tasks that he/she have failed to perform or properly and fully perform according to resolutions of the school council. If the school council does not agree with the principal’s explanation, the matter shall be reported to the school’s governing body;

dd) Report and explain annually or irregularly to the school’s governing body, state management agencies of vocational education on the performance of duties, and entitlements of the school council.

3. Operation of school council

The school council’s members shall be convened at least every 03 months. An irregular meetings shall be convened when it is requested in writing by more than 30% of the total number of school council members or by the principal or the chairperson of the school council.

A meeting of the school council is valid when it is attended by at least 70% of the school council’s members. The school council works on the principle of collectives and under majority rule. A resolution of the school council is approved when there is an agreement of more than 50% of the school council's members. In the event of equal votes, the casting vote belongs to the side with the support of the chairperson. The meeting minutes of every meeting must be recorded. The meeting minutes and resolutions of the school council shall be sent to the school council’s members and the school's governing body within 10 working days from the date the meeting is held or the resolution is approved.

b) The term of office of the school council shall comply with Clause 5 Article 11 of the Law on Revolutional Education. The school council may use the seal and personnel of the school to carry out activities within its functions, duties, and entitlements.

c) Authorization of administration of the school council

When the chairperson of the school council can not operate in a period of time prescribed in the resolutions on the organization and operation of the school, that person must be obligated to authorize one of the other school council’s members to assume his/her tasks. The written authorization must be informed to the school council's members, the school governing's body, and publicly announced for the entire school. The time of authorization must not be greater than 06 months.

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Currently working in the field of science, technology, production, business, or services related to the functions and duties of the school;

b) Is not blood or family related to other members of the school council.

5. Number, membership structure of the school council, procedures for appointing members, elections of the chairperson, secretary must be prescribed in the regulations on the organization and operation of the school.

6. The chairperson shall not be the principal and shall be elected among the school council’s members under the majority rule and chosen by secret ballot. He/she will be win when he/she is voted by more than 50% of the school council’s members. The chairperson of the school council shall have the following duties and authorities:

Promulgate the operation policies of the school council after the approval of the school governing's body. Regulations on the operation of the school council include: Working modes, working procedures of the school council; duties, authorities of the school council's members; the relationship between the school council and the principal, secretary of grassroots Party organization; the relationship between the school council and the governing body, state management agencies of vocational education in the other localities, agencies, and units; reporting modes of the school council;

b) Convene meetings of the school council;

c) Decide the meeting agendas, preside over meetings, and hold ballots at meetings;

d) Make sure the school council carry out its duties, entitlements prescribed in Clause 2 Article 11 of the Law on Vocational Education and Clause 2 of this Article.

7. The standard of the principal of an intermediate school prescribed in Clause 2 Article 14 of the Law on Vocational Education is applicable to the standard of the chairperson of a school council.

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Preparing and submitting report on operation of the school council to the chairperson; preparing meeting agendas, contents, materials and send invitation letters, and acting as secretary at meetings of the school council; construct, complete, and store documents of the school council;

b) Preparing and submitting reports, explanations to the state management agencies and other related agencies according to functions and duties of the school council.

c) Performing duties as a member and other duties assigned by the chairperson.

9. Members of the school council shall carry out duties according to regulations of the council, duties assigned by the council, and other duties according to regulations on the organization and operation of the school.

Article 12. Procedures for the establishment of the school council; replacement of the chairperson, secretary, members of the council

1. Procedures for the establishment of the school council in the first term of office

Determine the number and composition of the school council’s members

b) The organizations prescribed in Point a Clause 3 Article 11 of the Law on Vocational Education shall hold their own meetings to elect representatives to participate in the school council;

c) Request the school’s governing body or relevant business operators to appoint representatives to participate in the school council;

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dd) According to the resolutions that have been approved at the meeting to determine the number, composition of the school council’s members, the meeting to elect the chairperson, secretary, principal, or the assigned person to manage, be in charge of, and operate the school shall send an application prescribed in Clause 3 of this Article through online public services or by post or send directly to the school’s governing body;

e) Within 15 working days from the date of complete application receipt, the head of the school’s governing body shall consider issuing a decision on the school council establishment. The decision on the school council establishment must specify positions of the school council’s members. If the application is rejected, the school’s governing body must respond and provide explanations in writing.

2. Procedures for the establishment of the school council in the subsequent term of office; replacement of the chairperson, secretary, and other members of the council in the operating term of office

3 months before the end of the operating term of office, the incumbent chairperson shall carry out the following contents: Hold a meeting to determine the number and composition of the school council’s members; request the organizations prescribed in Clause 3 Article 11 of the Law on Vocational Education to hold their own meetings to elect representatives to participate in the school council; comply with provisions prescribed in Points c and d Clause 1 of this Article to request an establishment of the school council in the subsequent term of office.

If there are any changes of the chairperson, secretary, and other members during the term of office, the current school council shall hold a meeting and issue a resolution on the replacement of the chairperson, secretary, and other members of the council. When there are changes in the number of the school council’s members, the current school council shall request the school’s governing body to supplement and consolidate the structure and composition in accordance with regulations.

b) The current school council shall send a application prescribed in Clauses 3, 4 of this Article through online public services or by post or send directly to the school's governing body;

c) Within 15 working days from the date of complete application receipt, the head of the school’s governing body shall consider issuing a decision on the establishment of the school council of the subsequent term of office as prescribed in Point a Clause 1 of this Article; or the decision on the replacement of the chairperson, secretary, and members of the council. If the document is rejected, the school’s governing body must respond and provide explanations in writing.

3. An application for the establishment of a school council includes:

Written request from the intermediate schools on the establishment of a school council for the first term of office or written request from the school council on the establishment of a school council for the subsequent term of office, specifying the procedures for appointing members of the school council according to Form No. 01 of the Appendix promulgated with this Circular;

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c) Written documents appointing representatives to participate in the school council of the school’s governing body or relevant business operators;

d) Meeting minutes of the election of the school council according to Form No. 02 of the Appendix promulgated with this Circular;

dd) Certified copies of diplomas, certificates of the person who is proposed to be the chairperson of the school council.

4. An application for the replacement of the chairperson, secretary, members of the school council includes:

a) Written request from the school council on the replacement of the chairperson, secretary, members of the council according to Form No. 03 of the Appendix promulgated with this Circular;

b) Meeting minutes from the school council on the replacement of the chairperson, secretary, members of the council according to Form No. 04 of the Appendix promulgated with this Circular;

c) If the chairperson of the school council is replaced, supplement the copies of diplomas, certificates of the person who is proposed to be the chairperson of the council.

Article 13. Removal and dismissal of the chairperson, secretary, and members of the school council

1. In case the chairperson, secretary, and members of the school council are public officers and officials

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2. In case the chairperson, secretary, and members of the school council are not public officers and officials

The chairperson, secretary, or a member of the school council shall be dismissed in any of the following cases: He/she has submitted a letter of resignation; he/she has limited civil capacity; his/her health is not good enough to undertake assigned duties although he/she had to leave work for treatment for more than 6 months; his/her dismissal is requested in writing by at least 50% of the members of the school council; he/she has committed violations subject to dismissal prescribed in the school’s regulations;

b) The chairperson, secretary, and members of the school council shall be removed from office in the following cases: He/she has used illegal documents to get appointed; he/she has fail to fulfill the assigned dutieswithout justifiable reasons causing serious consequences; he/she has to serve an imprisonment sentence, a suspended sentence, or a community sentence; he/she has committed serious violations against the law on anti-corruption, thrift practice, anti-dissipation, gender equality, anti-social evil; he/she has committed violations subject to dismissal prescribed in the school’s regulations;

c) The school council shall consider issuing the resolution on dismissal and removal of the chairperson, secretary, and members of the school council; Send the application through online public services, by post or send directly to the school’s governing body;

d) An application for approval for dismissal or remove of the chairperson, secretary, members of the school council includes:

An application form prepared according to Form No. 05 of the Appendix promulgated with this Circular, and other related writing, documents;

Meeting minutes form prepared according to Form No. 06 of the Appendix promulgated with this Circular;

3. If the chairperson is removed, dismissed, the current school council shall send an application to the governing body for designation of a new chairperson of the school council, who will continue performing the dismissed chairperson’s tasks.

4. Within 15 working days from the date of complete application receipt, the head of the school’s governing body shall consider issuing a decision on dismissal, removal of the chairperson, secretary, and members of the school council. If the application is rejected, the school’s governing body must respond and provide explanations in writing.

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1. An board of directors is the sole representative organization for the owners of the school, established at private intermediate schools with at least 02 or more capital contributors (individual or organization) as members.

If a private intermediate school is owned by 01 member (individual or organization), that member shall be responsible for performing the duties, authorities as prescribed in Clause 2 of this Article.

2. The board of directors shall perform the duties, authorities as prescribed in Clause 2 Article 12 of the Law on Vocational Education and the following provisions:

Prepare programs, materials for the General Meeting of Shareholders; regularly or irregularly convene the General Meeting of Shareholders according to the regulations on the organization and operation of the school;

Approve provisions of number, laboring structures, job positions; recruitment, management, utilization, and development of the teaching staff, managers, public employees, and employees of the school;

c) Construct and present to the General Meeting of Shareholders the investment strategies, facilities development plans, and internal finance resolutions of the school;

d) Approve development strategies and plans in terms of training, scientific research, international cooperations proposed by the principal;

dd) Resolve on the development and update of the regulations on the organization and operation of the school; approve regulations on the organization and operation of the school after the approval of regulations related to finance of the General Meeting of Shareholders;

e) Request the Chairman of People’s Committees of the province where the school is headquartered to consider issuing the decision on the recognition of the principal;

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h) Construct and present annual activity reports and financial statements of the school to the General Meeting of Shareholders for approval;

i) Annually or irregularly send reports, presentations of the school’s operations, implementations of commitments to the state management agencies, related parties upon demands.

3. Operations of board of directors

The board of directors shall be convened for a regular meeting at least every 03 months. The chairperson shall decide and hold the irregular meetings, with the approval of at least more than 30% of the board of directors' members;

b) The board of directors shall perform on the principle of collective and under majority rule;

c) A meeting of the board of directors is considered valid when it is attended by at least 70% of the total members of the council;

d) Invitation letters of the board of directors meeting must include the agendas, contents, materials for the meeting and send to members of the board of directors by registered mail or express mail with the signatures of the recipients at least 05 days before the meeting;

dd) Resolutions of the board of directors shall be approved by voting at the meeting according to a rule that each member of the council is considered as a vote, the resolutions shall be considered valid if it is voted by more than 50% of the total members of the council. In the event of equal votes, the chairperson of the board of directors shall have the casting vote. Within 10 working days from the date of the approval of the resolutions of the board of directors, the resolutions must be send to members of the council;

Within 90 working days from the date of the approval of the resolutions of the board of directors, capital contributors and members of the council may petition the competent agencies to consider canceling the resolutions of the board of directors upon the occurrence of the following cases:

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The contents of the resolutions of the board of directors have violated the regulations on the organization and operation of the school.

g) The term of office of the board of directors shall be as prescribed in Clause 5 Article 12 of the Law on Vocational Education. The chairperson of the board of directors may use the organizational structure and seal of the school to operate within the functions, duties of the board of directors and sign documents, resolutions, and decisions of the board of directors;

h) Authorization to operate the board of directors

If the chairperson of the board of directors is absent for a certain period of time prescribed in the regulations on the organization and operation of the school, authorize one of the members of the board of directors to undertake the role of the chairperson in the time of absence. The written authorization shall be informed to the members of the board of directors, publicly announced in the school, and sent to the Service of Labor – War Invalids and Social Affairs where the school is headquartered for monitoration. The authorization period shall not exceed 06 months.

5. Number, membership structure of the board of directors, procedures for appointing members, elections of the chairperson, secretary must be prescribed in the regulations on the organization and operation of the school.

6. The chairperson is a capital contributor and shall be elected by the board of directors among the members under the majority rule, by secret ballot with the approval of more than 50% of the members of the board of directors. The chairperson of the board of directors shall have the following duties and authorities:

Act as the account holder and take legal responsibility for the financial management and assets of the school, the chairperson may authorize the principal to act as a representative of the account holder, exercise authorities and duties of the account holder within the authorized scope;

b) Construct programs, operation plans of the board of directors; prepare agendas, contents, materials for the meetings of the board of directors; convene and preside over the meetings of the board of directors; organize the approval and take the main responsibility for the resolutions of the board of directors; oversee the organization and implementation of the resolutions of the board of directors; preside over the General Meeting of Shareholders;

c) Operate the board of directors to carry out duties, authorities as prescribed in Clause 2 of this Article.

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dd) Decision on the appointment, dismissal of vice-principals;

e) Other duties and tasks as prescribed in the regulations on the organization and operation of the school.

7. The secretary of the board of directors shall be recommended by the chairperson among the members and approved by more than 50% of the total board of directors’ members. The secretary will directly assist the chairperson with the following duties and authorities:

Collect and report the activities of the board of directors to the chairperson; prepare meeting agendas, contents, materials and send invitation letters, and play the role of the secretary at the meetings; construct, complete, and store documents of the board of directors;

b) Prepare reports, explanations to the state management agencies, the General Meeting of Shareholders, and other related agencies according to the functions and duties of the board of directors.

c) Carry out the tasks as a member and other tasks assigned by the chairperson.

8. Members of the board of directors are obligated to carry out tasks according to regulations of the council, tasks assigned by the council, and other tasks according to regulations on the organization and operation of the school.

Article 15. Procedures for the recognition of the board of directors; replacement of the chairperson, secretary, and other members of the board of directors or dismissal of an board of directors in the operating term of office

1. Procedures for the recognition of the board of directors in the first term of office

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The legal representative of the founding member of the school shall convene and preside over the meeting attended by the founders, capital contributors to determine the number and the membership structure of the board of directors.

b) Request the Department of Labor-War Invalids and Social Affairs of the province where the school is headquartered or related facilities of productions, businesses, services to appoint representatives to participate in the board of directors;

c) Party organizations, unions, and teachers shall hold their own meetings to appoint representatives to participate in the board of directors;

d) The election of the chairperson and secretary shall be conducted by secret ballots;

dd) The legal representative of the founding member of the school shall send an application for recognition prescribed in clause 3 of this Article through online public services, by post, or send directly to the Service of Labor-War Invalids and Social Affairs of the province where the school’s main facility is based;

e) Within 15 working days from the date of receipt of the complete application for the recognition of the board of directors of the private intermediate school, the Director of the Department of Labor-War Invalids and Social Affairs shall consider issuing a decision on the board of directors recognition. The decision on the board of directors recognition must specify the identities of the board of directors’ members. If the application is rejected, provide explanations through written documents.

2. Procedures for the recognition of the board of directors in the subsequent term of office; replacement of the chairperson, secretary, and other members of the board of directors or dismissal of an board of directors in the operating term of office

03 months before the end of the operating term of office, the incumbent chairperson shall carry out the following contents: Hold a meeting to determine the number and membership structure of the council; request the party organizations, unions, and teachers to hold their own meetings to appoint representatives to participate in the board of directors; carry out the provisions prescribed in Points a, d Clause 1 of this Article to demand a recognition of the subsequent board of directors.

If there are any changes of the chairperson, secretary, members of the council, or changes of the capital contributors (from many to 01) in the operating term, the incumbent board of directors shall hold meetings, issue resolutions on the replacement of the chairperson, secretary, and other members of the council; the sole owner of the school demand dismissal of the incumbent board of directors.

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c) Within 15 working days from the date of complete application receipt, the Director of the Department of Labor-War Invalids and Social Affairs of the province where the school is headquartered shall consider issuing the decision on the recognition of the board of directors as prescribed in Point e Clause 1 of this Article; the decision on the replacement of the chairperson, secretary, and members of the board of directors; the decision on dismissal of the board of directors. If the application is rejected, provide explanations through written documents.

3. 01 set of the application for the recognition of the board of directors includes:

Written request from the legal representative of the founder of the school on the recognition of the board of directors in the first term of office, from the board of directors on the recognition of the board of directors in the subsequent term of office, specifying the procedures for the appointment of members according to Form No. 07 of the Appendix promulgated with this Circular;

b) Writing on appointing representatives to participate in the board of directors of the Service of Labor-War Invalids and Social Affairs of the province where the school is headquartered or of the related facilities of productions, businesses, and services;

c) Writing on appointing representatives to participate in the board of directors of organizations prescribed in Point a Clause 3 Article 11 of the Law on Vocational Education;

d) Meeting minutes of electing the board of directors according to Form No. 08 of the Appendix promulgated with this Circular;

4. 01 set of the application for the replacement of the chairperson, secretary, members of the board of directors includes:

Written request on the replacement of the chairperson, secretary, members of the board of directors according to Form No. 09 of the Appendix promulgated with this Circular;

b) Meeting minutes from the board of directors on replacing the chairperson, secretary, members of the council according to Form No. 10 of the Appendix promulgated with this Circular;

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Article 16. Principals of intermediate schools

1. Roles and position of the principal of an intermediate school

The principal of an intermediate school is the head of that school, who is the legal representative of the school and takes the responsibility to manage the operation of the school;

b) The principal of an intermediate school shall operate the organizational structure of the school.

c) The principal’s term of office is 05 years;

d) The principal of a public intermediate school may be re-appointed for another term of office, but shall not exceed 02 consecutive terms of office;

dd) The principal of a public intermediate school shall act as the account holder and take legal responsibility for the financial management and assets of the school.

e) The principal of a private intermediate school shall not be a cadre, public officer, or official.

2. The principal of an intermediate school must have the adequate standards as prescribed in Clause 2 Article 14 of the Law on Vocational Education.

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4. The principal of an intermediate school shall have the following duties:

Construct training development strategies and plans, carry out the duties of science and technology, international cooperation of the school and present them to the school council for public intermediate schools, or board of directors for private intermediate school for approval;

b) Manage physical facilities, assets, finance of the school, and effectively organize the exploitation and utilization of mobilized resources to serve vocational education activities in accordance with the law;

c) Construct the regulations on the number, labor structure, job position, recruitment, management, utilization, and development of the teaching staff, managers, public employees, and employees to present to the school council and competent agencies for public intermediate schools or the board of directors for private schools for approval;

d) Conduct annual evaluation and classification of teachers, managers, public employees, and employees in accordance with the provisions;

dd) Conduct and implementation of the resolutions of the school council, board of directors; consult with the chairperson of the school council or the chairperson of the board of directors to come up with a solution in accordance with the law if the resolution shows signs of violation, affecting the operation of the school. If there is disagreement on the solution, the principal shall report to the school's governing body for public intermediate schools or the Service of Labor-War Invalids and Social Affairs of the province where the school is headquartered for private intermediate schools;

e) Regularly take care and improve working, teaching, and learning conditions for teachers, managers, public employees, employees, and students of the school;

g) Direct the establishment of a good and friendly training environment; ensure political security and social safety and order in the school;

h) Conduct the implementation of democratic regulations in the school; conduct the state policies for teachers, managers, public employees, employees, and students of the school in accordance with the provisions;

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k) Conduct other duties in accordance with the law.

5. The principal of an intermediate school have the following entitlements:

a) Decide on the implementation of policies, duties, and entitlements of the school prescribed in Article 8 and Article 9 of this Circular;

b) Decide on the establishment of professional departments, faculties, subjects, and the school’s affiliated organizations according to the organizational structure approved in the regulations on the organization and operation of the school prescribed in Article 10 of this Circular;

c) Decide on the appointment, removal from office, dismissal or approval for resignation of the manager or vice-manager of departments, faculties, and school’s affiliated organizations according to the hierarchical management of public employees ( if it is a publice intermediate school); decide on the designation, dismissal or approval for resignation from office of the manage or vice-manager of departments, faculties, and school’s affiliated organizations (if it is a private intermediate school);

d) Recruit, manage, and use the teaching staff, managers, public employees, and employees of the school effectively in accordance with the law; decide on the conclusion of employment contracts of the teachers, managers, and employees in accordance with the law on public employees and labor;

dd) Conclude the contracts of professional training for students in accordance with the law;

e) Sign the lease, joint-venture, affiliate contracts with other vocational education institutions, facilities of productions, businesses, and services to conduct professional training; study the application of scientific vocational education topics, experiment, apply and transfer new technology to serve the socio-economic development of ministries, central authorities, localities or facilities of productions, businesses, and services in accordance with the law;

g) Decide on the commendation or discipline of the teachers, managers, public employees, employees, and students within the hierarchical manage entitlements;

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i) Issue intermediate, elementary certificates, and training certificates for students according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs;

k) Issue the certificates of adequate mandatory high school knowledge for students with junior high school certificates, who are participating in intermediate-level training after the process of learning and examining in accordance with the Law on Vocational Education and its guiding documents;

l) Consider the opinions of the advisory board before any decisions. In case of disagreement, the principal shall make and take responsibility for his/her decisions. Report to the school council (if it is a public intermediate school) or report to the board of directors (if it is a private intermediate school) in the latest meeting.

m) Organize the self-audit, self-inspection of vocational education quality in accordance with the provisions. Comply with the petitions, decisions related to the results of the inspections, audits of vocational education quality of competent agencies, organizations;

n) Receive certain benefits as per regulations.

Article 17. Procedures and competence for the appointment of principals of public intermediate schools

1. The applications, order, and procedures for the appointment of the principal of a public intermediate school comply with the regulations of the law on public employees.

2. The competence to appoint principals for public intermediate schools complies with regulations prescribed in Point a Clause 4 Article 14 of the Law on Vocational Education.

Article 18. Procedures and competence for the recognition of principals of private intermediate schools

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The board of directors or the sole owner of the school shall base the standards for a principal on regulations prescribed in Clause 2 Article 14 of the Law on Vocational Education. Select or make the documents prescribed in Clause 2 of this Article and send them through online public services, by post or send directly to the Service of Labor-War Invalids and Social Affairs of the provinces where the school is headquartered.

2. 01 set for the application for the recognition of the principal of a private intermediate school includes:

a) Written request on the recognition of the principal from the board of directors or the sole owner of the school according to Form No. 12 of the Appendix promulgated with this Circular;

d) Meeting minutes of the board of directors on the recognition of the principal according to Form No. 13 of the Appendix promulgated with this Circular;

c) Copies of diplomas, certificates of the person proposed to be the principal of the school.

3. Decision on the appointment of principals of private intermediate schools

Within 15 working days from the date of receipt of the complete application for the recognition of a private intermediate school principal, the Service of Labor-War Invalids and Social Affairs of the provinces where the school is headquartered shall consider issuing a decision on the board of directors recognition. If the application is rejected, provide explanations through written documents.

Article 19. Removal from office, dismissal or approval for resignation, and withdrawal of recognition of intermediate school principals

1. Principals of public intermediate schools

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2. Principals of private intermediate schools

a) The decision on the withdrawal of recognition of the principal of a private intermediate school complies with the regulations on the organization and operation of the school;

b) The board of directors or the sole owner of the school shall consider, resolve, and make the documents prescribed in Clause 3 of this Article. The documents shall be sent through online public services, by post, or directly to the Service of Labor-War Invalids and Social Affairs of the provinces where the school is headquartered.

The application for the withdrawal of recognition of the principal of a private intermediate school shall be sent together with the application for the recognition of the new principal of that private intermediate school.

c) Within 15 working days from the date of receipt of the withdrawal of recognition of the principal of a private intermediate school, the Service of Labor-War Invalids and Social Affairs of the provinces where the school is headquartered shall consider issuing a decision on the withdrawal of recognition of the principal of that intermediate school. If the application is rejected, provide explanations through written documents.

3. 01 set for the application for the withdrawal of recognition of the principal of a private intermediate school includes:

a) Written request on the withdrawal of recognition of the principal from the board of directors or the sole owner of the school according to Form No. 14 of the Appendix promulgated with this Circular;

b) Meeting minutes of the board of directors on the withdrawal of recognition of the principal according to Form No. 15 of the Appendix promulgated with this Circular;

Article 20. Vice-principals of intermediate schools

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2. The vice-principal of an intermediate school shall ensure the following standards:

a) Have good virtue and ethics

b) Have at least 03-year experience in teaching and managing vocational education and have managerial capability;

c) Have at least a bachelor’s degree;

d) Have good health;

dd) The vice-principal of a public intermediate school shall ensure the standards and conditions of the appointment of managerial public employees comply with the regulations of the law on public employees.

e) The standards of appointment or recognition of the principal shall apply to the vice-principal who is in charge of training.

3. Duties and entitlements of vice-principals:

a) The vice-principal shall undertake certain tasks as assigned by the principal;

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4. c) The vice-principal’s term of office is 05 years;

5. The applications, order, procedures for the appointment, recognition, removal from office, dismissal or approval for resignation of vice-principals:

a) The applications, order, procedures for the appointment, removal from office, dismissal or approval for resignation of the vice-principal of a public intermediate school comply with the regulations of the law on public employees.

b) The applications, order, procedures for the appointment, dismissal or approval for resignation of the vice-principal of a private intermediate school prescribed specifically in the regulations on the organization and operation of the school. The chairperson of the board of directors shall have the authority to decide on the appointment, dismissal or approval for resignation from office of the vice-principal of a private intermediate school.

Article 21. Advisory board

1. The advisory board in an intermediate school shall be established by the principal so as to give advice to the principal on essential tasks, related to the initiation, performance of duties and entitlements of the school. The advisory board shall operate on a case-by-case and unpaid work basis.

2. Members of the advisory board may include internal and external members of the school who have worked in fields related to the activities that need advice of the principal.

3. The establishment, organization, operation, duties, and entitlements of the advisory board shall be decided by the principal and prescribed in the regulations on the organization and operation of the school.

Article 22. Faculties and subject groups of schools

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2. Faculties and subject groups of the school shall have the following duties:

a) Manage teachers, public employees, employees and students of the faculties and subject groups as assigned by the principal;

b) Conduct teaching and learning plans and other extra-curricular activities according to the annual teaching plans of the school according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs, including:

Develop training programs, documents, textbooks, and learning materials of each field of study according to every training level and form of the faculties and subject groups or as assigned by the principal.

Compile detailed outline of related subjects, module to avoid inconsistency and overlapping between them or between training levels.

Organize training, research, and the innovation of teaching methods; apply information and communication technology in teaching to improve the training quality.

Develop and implement the methods of administering tests, examinations, evaluating learning performance. Ensure the educational output is in accordance with the announced commitment and meet the need of the labor market.

c) Make plans and conduct science and technology activities, international cooperations; cooperate with organizations of science and technology, facilities of productions, businesses, and services related to the field of study and mobilize the enterprises’ participation in the training process of faculties and subject groups;

d) Conduct the development plans of the teaching staff; field of study, physical facilities, and equipment for teaching and scientific researching; facilitate the training quality assurance; conduct experiments, scientific research, and application of technique and technology to the training process;

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e) Evaluate teachers, managers, public employees, and employees of faculties, subject groups and participate in evaluating managers of the school in accordance with the school’s regulations;

g) Manage and use the physical facilities and training equipment effectively in accordance with the regulations of the principal; propose and develop supplemental plans, maintain the training equipment of faculties and subject groups;

h) Submit reports according to the regulations of the principal.

3. Deans of faculties, chiefs of subject groups, vice-deans of faculties, vice-chiefs of subject groups

a) Affiliated faculties, subject groups shall have deans of faculties and chief of subject groups and may have vice-deans of faculties and vice-chiefs of subject groups. Deans of faculties, chiefs of subject groups, vice-deans of faculties, and vice-chiefs of subject groups shall be appointed or dismissed by the principal in accordance with the law and the regulations on the organization and operation of the school;

b) The dean of faculty and chief of subject group shall be responsible for managing and operating activities of his/her faculty according to the duties prescribed in Clause 2 of this Article and according to the assignment of the principal;

c) The vice-dean of faculty, vice-chief of subject group shall assist the dean of faculty, chief of subject group in managing and operating activities of that faculty or subject group. The number of vice-deans of faculties, vice-chiefs of subject groups depends on the functions, assigned tasks, and training scale of the faculties, subject groups, specified in the regulations on the organization and operation of the school;

4. Deans of faculties, chiefs of subject groups, vice-deans of faculties, vice-chiefs of subject groups shall ensure the following standards:

a) Have good virtue and ethics

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c) Have at least a bachelor’s degree (applies to dean of faculty and chief of subject group) related to the field of study of the faculty or subject group;

d) Have adequate standards for intermediate-level teaching;

dd) Have good health;

e) The dean of faculty, chief of subject group, vice-dean of faculty, vice-chief of subject group of a public intermediate school shall ensure the standards and conditions of the appointment of managerial public employees comply with the regulations of the law on public employees.

Article 23. Subject groups of faculties

1. The establishment of the subject group of a faculty shall be decided by the principal.

2. The organization of activities of the subject group of a faculty; the appointment, resignation, dismissal of the chief and vice-chief of the subject group shall be specified in the regulations on the organization and operation of the school.

Article 24. Functional departments

1. Functional departments shall be responsible for giving advice and assisting the principal in the management, collection, proposal, and conduct of main activities of the school namely: training, administration, personnel management, collection, scientific research, international cooperation, and management of students, finance management, management of equipment, capital construction, inspection, and quality assurance.

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2. Heads and vice-heads of functional departments

a) Functional departments may have their heads and vice-heads. The appointment, removal from office, dismissal or approval for resignation of heads and vice-heads shall be decided by the principal as prescribed in the regulations on the organization and operation of the school;

b) The head shall be responsible for managing and operating activities of his/her department according to the duties prescribed in Clause 1 of this Article and according to the assignment of the principal;

c) The vice-head shall assist the head in managing, operating activities of that department. The number of vice-heads depends on the functions, duties, assigned tasks, and training scale of the school as prescribed in the regulations of the organization and operation of the school.

3. The heads and vice-heads shall ensure the following standards:

a) Have good virtue and ethics

c) Have at least a bachelor’s degree related to the functions and duties of the department, and have managerial capability. The head of the department must have at least 02-year experience in managing and teaching;

c) Have good health;

d) The head and vice-head of the department shall ensure the standards and conditions of the appointment of managerial public employees comply with the regulations of the law on public employees.

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1. Intermediate schools may establish affiliated organizations to serve the training activities namely: Library; scientific research centers; centers for the application of technique and technology; centers for cooperation with enterprises; workshops; tradition preservation room; clubs; houses of culture and sports; dormitories and cafeterias.

2. Intermediate schools may establish enterprises, practice facilities, facilities of productions, businesses, and services to facilitate the enhancement of knowledge and professional skills of students and teachers. All of the mentioned activities shall comply with the regulations of the law.

3. Organizations prescribed in Clauses 1, 2 of this Article shall not issue certificates, diplomas

4. The establishments, dissolutions, functions, duties, organizational structures, and operations of the organizations prescribed in Clauses 1, 2 of this Article shall be decided by the principal according to the resolutions of the school council (if it is a public intermediate school), or the board of directors (if it is a private intermediate school), provisions of the related law, and specified in the regulations of the organization and operation of the school.

Article 26. Communist Party of Vietnam organizations, unions, and social organizations

1. The Communist Party of Vietnam in intermediate schools shall operate in accordance with the Charters of the Communist Party of Vietnam and regulations of the Constitution and the law.

2. Unions and social organizations in intermediate schools shall operate in accordance with regulations of the Constitution, the law, the Charters of such organization and shall be responsible in contributing to the fulfillment of the vocational training targets.

Chapter III

TRAINING ACTIVITIES

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Article 27. Class organization and academic fields of study

1. Intermediate schools may provide intermediate and elementary level fields of study as prescribed in the Government’s law on the conditions of investment and operation in terms of vocational education. Run continuing education programs prescribed in Points a, b, c, and d Clause 1 Article 40 of the Law on Vocational Education at the request of the labor market;

2. The organization of classes in vocational educating shall be conducted in accordance with regulations of the Minister of the Labor-War Invalids and Social Affairs.

Article 28. Training programs, textbooks

1. According to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs on the minimum amount of knowledge and the capabilities requirement of students after graduating from each training level of fields of study; procedures for the development, inspection, and promulgation of intermediate and elementary level training, and continuing education programs. Intermediate schools shall compile or select and approve intermediate and elementary level, and continuing education programs to use as their training programs.

2. Intermediate schools shall make regular reviews, updates of training textbooks and documents so that they are suitable with the technological technique in production, businesses, and services.

3. Intermediate schools compile or select textbooks; approve them to use as training and learning materials. The training textbooks must specialize the requirements for knowledge and skills of each module, credit, subject in the training program, facilitate the active teaching methods.

Article 29. Enrollment, training organization, and management

1. Intermediate schools shall exercise their autonomy in determining the enrollment target, developing enrollment plans of each year on the basis of the demand for human resources directly engaging in the production, businesses, and services of central authorities, localities, and training capabilities of the school.

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3. Intermediate schools organize and manage vocational education according to their targets, training programs; conduct continuing training, joint training; facilitate students to practice, intern at enterprises according to their training programs in accordance with regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs.

Intermediate schools organize practical training in health sector and specific training fields of study in accordance with regulations of the Government.

4. Intermediate schools organize, manage the process of joint training programs with foreign countries in accordance with the Government's regulations on foreign cooperation, investment in terms of vocational education.

5. Intermediate schools cooperate with colleges in organizing continuing education from elementary level, intermediate level to college level in accordance with the Law on Vocational Education and guiding documents;

6. Intermediate schools cooperate with higher education centers in part-time training university-level and continuing education training from intermediate level to university-level in accordance with the Law on Higher Education and its guiding documents;

7. Intermediate schools organize the teaching of mandatory high school knowledge for students who have junior high school diplomas and are participating in intermediate level programs in accordance with the Law on Education and its guiding documents; Intermediate schools run continuing education programs at the high school level when approved by competent educational state management agencies;

8. Intermediate schools cooperate with, vocational - continuing education centers, continuing education centers in providing high school level continuing education programs in accordance with regulations of the Law on Education and its guiding documents.

Article 30. Bookkeeping systems, management forms of vocational education activities; tests, examinations, assessment of learning outcomes, and graduation

1. Intermediate schools use the bookkeeping systems and management forms of vocational education training programs according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs;

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Article 31. Grant and management of intermediate diplomas, elementary certificates, training certificates

1. Intermediate schools conduct the management and grant of intermediate diplomas, elementary certificates for students after graduating from the corresponding vocational education training level; manage and issue certificates for students after finishing continuing education training programs (excluding training programs for obtaining intermediate diplomas and elementary certificates in the form of continuing education) in accordance with regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs.

2. Intermediate schools shall manage, grant certificates of adequate mandatory high school knowledge for students with junior high school certificates, who are participating in intermediate-level training after the process of learning and examining in accordance with the Law on Vocational Education and its guiding documents;

Article 32. Vocational education quality inspection and training quality assurance.

1. Intermediate schools shall conduct duties, entitlements in terms of vocational education quality inspection as prescribed in Article 67 and Article 69 of the Law on Vocational Education.

2. Intermediate schools shall conduct vocational education quality inspection and training quality assurance of the school, intermediate and elementary training programs in accordance with the provisions.

Section 2. INTERNATIONAL COOPERATION

Article 33. Duties and entitlements of intermediate schools in international cooperation

1. Conduct forms of international cooperation in vocational education as prescribed in Article 47 of the Law on Vocational Education.

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3. Manage and implement effectively the international cooperation programs, projects according to entitlements.

4. Negotiate and sign cooperation deals with foreign partners in accordance with the law.

5. Develop the database and information system for international cooperation activities.

Article 34. Management of international cooperation activities of intermediate schools

1. Assign tasks of international cooperation management to affiliates of the school.

2. Organize international cooperation activities in a practical, effective manner; inspect, evaluate, sum up international cooperation activities of the school.

3. Cooperate with relevant agencies in ensuring security, order, and social safety in international cooperation activities.

Chapter IV

TEACHERS, MANAGERS, PUBLIC EMPLOYEES, EMPLOYEES, AND STUDENTS IN INTERMEDIATE SCHOOLS

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Article 35. Teachers in intermediate schools

1. Educators in intermediate schools shall be called teachers. Titles of teachers in intermediate schools are prescribed in Article 53 of the Law on Vocational Education.

2. Professional standards; working modes; standardized training, advanced training applicable to teachers in intermediate schools shall be conducted according to regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs;

3. Intermediate schools recruit, conduct modes of working, training, standardized training, and advanced training in professional and other policies applicable to teachers in accordance with regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs, and the law’s provisions.

Article 36. Duties and entitlements of teachers

Teachers in intermediate schools shall have duties and entitlements prescribed in Article 55 of the Law on Vocational Education, and the following duties, entitlements:

1. Teachers shall comply with regulations of the school.

2. Teachers shall comply with regulations on working modes of vocational education teachers according to regulations of the Minister of the Labor-War Invalids and Social Affairs.

3. Teachers are entitled to provide training corresponding with their fields of study; have freedom of choice in teaching methods and aids to promote their capability, improve training quality and effectiveness; be provided with equipment, facilities, conditions to conduct their tasks in accordance with the law; be provided with information related to the assigned tasks and entitlements.

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5. Teachers shall receive training, standardize training, advanced training in professional knowledge, political theories according to plans and conditions of the school; may participate in managing, monitoring activites of the school; may participate in Communist Party, unions, social activities in accordance with the law.

6. Teachers shall have their honor and dignity protected; discuss, propose about policies, training development plans, development of training programs, textbooks, documents, teaching materials, teaching contents, methods, school's management organization, and teachers’ rights; have summer vacations, public holidays, Tet holidays, weekly breaks, and other days off in accordance with the law. Participate in meetings of the school council related to students of the assigned classes.

7. Teachers may sign visiting contracts, conduct scientific research at other vocational education institutions or educational centers, provided that the duties prescribed in Clause 55 and Clause 57 of the Law on Vocational Education are satisfied.

8. Teachers shall receive beneficial policies as prescribed in Clause 58 of the Law on Vocational Education and other benefits in accordance with the law.

9. Teachers who participate in science and technology activities shall receive beneficial policies according to regulations of the Law on Science and Technology; teachers who simultaneously undertake management and teaching in intermediate schools shall receive beneficial polocies in accordance with the law and legal regulations of the school.

10. Teachers shall participate in the management of students; evaluation of managers, public employees, employees and contribute responsibility to the community.

11. Teachers shall receive supervision from the school about teaching contents, quality, methods, and duties of science and technology.

12. Teachers shall fulfill other tasks assigned by the school, faculties, or subject groups.

Article 37. The duties and entitlements of managers, public employees, and employees;

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Article 38. Recruitment and usage of teachers, managers, public employees, employees

1. Teachers, managers, public employees, employees in public intermediate schools shall be recruited in accordance with the law on public employees and labor law.

2. Teachers, managers, public employees, employees in private intermediate schools shall be recruited in accordance with the labor law.

3. Recruitment, usage of teachers shall be based on the basis of their capabilities, professional ethics, working efficiency, and in accordance with related law's provisions.

Article 39. Evaluation and classification of teachers

1. Evaluation and classification of teachers comply with regulations of the Government on evaluation and classification of public employees and guidance of the Minister of the Ministry of Labor – War Invalids and Social Affairs.

2. Evaluation and classification of teachers must be true to their professional qualification, pedagogic capabilities, scientific research, ethics, and manners.

Section 2. STUDENTS

Article 40. Students in intermediate schools

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Article 41. Duties and entitlements of students

Students shall have duties and entitlements prescribed in Article 60 of the Law on Vocational Education and the following duties, entitlements:

1. Comply with regulations of the school; have civilized and healthy lifestyle; participate in developing, preserving, and promoting traditions of the school.

2. Shorten or lengthen programs implementation time; reserve learning outcomes in accordance with the law.

3. Study, practice according to training programs or concluded contracts with the school.

4. Choose study programs, forms, locations suitable with personal capabilities, conditions, and the school; facilitated to change study programs, forms, and locations if wishes.

5. Use equipment, facilities of the school to serve the study, practice, internship, conduct duties of science and technology, entrepreneurship, and activities of culture and sports. Have assurance of conditions on occupational safety and hygiene in the process of the study, practice, internship in accordance with the law.

6. Obtain intermediate diplomas, elementary certificates, training certificates corresponding to each training level, programs according to the regulations of the Minister of the Ministry of Labor – War Invalids and Social Affairs; Certificates of adequate mandatory high school knowledge or certificates of general education programs in accordance with the Law on Education and its guiding documents.

7. Pay tuition fees and other service fees as prescribed.

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9. Make requests directly or through legal representatives of students for solutions to contribute to the development of the school, and protect their legitimate rights and interests; participate in the evaluation of training quality of the school.

10. Receive beneficial policies for students in accordance with the law.

11. Fulfill the commitment to work in a specific period of time prescribed in Article 61 of the Law on Vocational Education.

12. Comply with regulations on occupational safety and hygiene. Preserve, protect assets of the school, practice facilities, facilities of productions, businesses, and services of where the practice occurs.

Chapter V

FINANCE, ASSETS OF INTERMEDIATE SCHOOLS

Article 42. Financial resources of public intermediate schools

1. Fund from the state budget

2. Revenues from provision of public services of the school, including:

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b) Revenues from production, business activities; joint venture, association activities in accordance with the law;

c) Revenues from leasing public assets in accordance with the law.

3. Revenues that the school may retain according to regulations of law on fees and charges.

4. Loan, aid, sponsorship sources in accordance with the law.

5. Other legal revenues in accordance with the law (if any).

Article 43. Financial resources of private intermediate schools

1. Revenues from training services in accordance with the State.

2. Revenues from training cooperation, science, technologi, production, business, and services in accordance with the law.

3. Interests from joint-venture or association activities; bank and bond interests.

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5. Loan, aid, sponsorship sources in accordance with the law.

6. Other legal revenues in accordance with the law.

Article 44. Expenditures of public intermediate schools

1. Non-funded recurrent expenditures

2. Funded recurrent expenditures, expenditures on duties of science and technology.

3. Non-recurrent expenditures include:

a) Expenditures on national target programs; public investment programs; other programs, projects;

b) Expenditures on training, advanced training programs of teachers, managers, public employees, and employees;

c) Expenditures on counterpart capital for foreign-invested projects;

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dd) Expenditures on the investment and development of physical facilities, assets, equipment; expenditure on other investment projects in accordance with regulations of the State;

e) Other expenditures in accordance with the law.

4. Distributions of financial results of the year in accordance with the law.

Article 45. Expenditures of private intermediate schools

1. Recurrent expenditures include:

a) Expenditures on training activities;

b) Expenditures on production, business, service activities including amounts payable to the state budget, fixed assets depreciation, payment of loan principals, and interests in accordance with the law.

2. Non-recurrent expenditures include:

a) Expenditures on counterpart capital for projects in accordance with regulations;

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c) Expenditures on the investment and development of physical facilities, assets, equipment; expenditure on other investment projects in accordance with regulations of the State;

a) Expenditures on joint-venture or association activities;

dd) Other expenditures in accordance with the law.

Article 46. Management and use of assets of public intermediate schools

1. Sources of public assets include:

a) Tangible public assets assigned by the State in accordance with regulations on state agencies prescribed in Article 29 of Law on Management and Use of Public Property;

b) Assets invested and developed by the state budget, public services fund, assets depreciation fund, other funding sources in accordance with the law;

c) Assets from loans, mobilized capital, joint-venture or association activities with organizations, individuals in accordance with the law.

2. Public intermediate schools shall manage and use public assets in accordance with the law.

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4. Every member of the school shall be responsible for preserving and protecting the school’s assets.

5. Public intermediate schools shall conduct yearly organization of inventory and evaluation of school’s assets value and report in accordance with the law. Comply with modes of finance, account, audit, tax, statistic, and annual report; Publish finance in accordance with the law.

Article 47. Management and use of assets of private intermediate schools

1. Private intermediate schools manage and use assets in accordance with the law on land and assets assigned or leased by the state or other assets owned by the investors to ensure training activities of the school.

2. Every member of the school shall be responsible for preserving and protecting the school’s assets.

3. Private intermediate schools shall conduct yearly organization of inventory and evaluation of school’s assets value and report in accordance with the law. Comply with modes of finance, account, audit, tax, statistic, and annual report; Publish finance in accordance with the law.

Article 48. Assignment of right to own stakes, disinvestment in private intermediate schools

1. The assignment of right to own stakes of capital contributors in private intermediate school is prescribed in regulations on the organization and operation, internal financial regulations of the school in accordance with the related law, and ensure the following assignment rules:

a) The person who wishes to give the assignment of right to own stakes shall inform the board of directors of the price and requirements;

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c) The assignment shall be conducted in the following order: to capital contributors according to their capital holding proportion; to teachers, managers, employees of the school if capital contributors fail to buy stakes in full or only buy stakes partly; to other people who are not capital contributors, teachers, managers, or employees of the school when they fail to buy stakes in full or only buy stakes partly.

2. The disinvestment and assignment of right to own stakes shall comply with the law, regulations of the school and ensure the stability, development of private intermediate schools.

3. If the school is subject to dissolution, its finance and assets shall be dealt with as prescribed in the provisions of the law.

4. After the assignment of stakes from many owners of the school to one or from one owner to two or more:

a) If there is only one owner of the school, this person shall request the Service of Labor-War Invalids and Social Affairs of the provinces where the school is headquartered to remove the incumbent board of directors as prescribed in Clause 2 and Clause 5 Article 15 of this Circular;

b) If there are two or more owners, establish the board of directors as prescribed in Clause 15 of this Circular.

Chapter VI

THE RELATIONSHIP BETWEEN SCHOOLS AND ENTERPRISES, VOCATIONAL EDUCATION INSTITUTIONS, STUDENTS’ FAMILIES, AND SOCIETY

Article 49. The relationship between schools and enterprises

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1. Develop and implement training plans to meet the needs of human resources directly engaged in production, business, and services of enterprises and the labor market.

2. Invite representatives of enterprises to participate in the development of training programs, textbooks of the school; participate in providing lectures, training, providing practice guidance, conducting assessment of learning outcomes, and providing career counseling for students; participate in the school council, board of directors, and advisory council of the school.

3. Cooperate with enterprises in facilitating students to visit, study, and practice at enterprises, associating study with practical activities.

4. Cooperate with enterprises in facilitating teachers to improve their professional skills, associating training with practical activities.

5. Cooperate with enterprises in providing training, retraining, and advanced training to improve professional skills and knowledge of employees of enterprises when it is necessary.

6. Cooperate with enterprises in conducting researches, production, applications, and technology transfer.

7. Enterprises are enabled to participate in evaluating training activities of the school.

Article 50. The relationship between intermediate schools and general education institutions, vocational education institutions, and higher education institutions

1. Intermediate schools cooperate with junior high schools, high schools, vocational - continuing education centers, continuing education centers in propagating information, guiding, and classifying students into different levels of the vocational education;

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3. Intermediate schools cooperate with higher education institutions in the following activities:

a) Providing part-time university-level training in accordance with the Law on Higher Education and its guiding documents;

b) Providing continuing training from intermediate level to university level in accordance with the Law on Education and its guiding documents.

4. Intermediate schools cooperate with vocational - continuing education centers, continuing education centers in providing high school level continuing education programs in accordance with regulations.

Article 51. The relationship between schools and students’ families

1. Intermediate schools are responsible to publish regulations prescribed in Clause 4 Article 9 of this Circular on their websites for families of students to participate in monitoring training quality.

2. Intermediate schools actively cooperate with students’ families to fulfill education tasks to develop the students comprehensively.

3. Intermediate schools actively cooperate with students’ families to improve the training quality and effectiveness.

Article 52. The relationship between schools and society

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2. Intermediate schools regularly cooperate with agencies of related ministers, central authorities, and localities, facilities of production, business, and services in the determination of vocational training demands, associating training with jobs and the labor market.

3. Intermediate schools cooperate with cultural, sports, artistic facilities in facilitating students to participate in cultural, sports, artistic exchange activities.

4. Intermediate schools enable teachers, managers, public employees, employees, and students to participate in social activities; cooperate with local authorities, socio-political organizations, social organizations, socio-professional organizations in the development of a healthy training environment.

5. Society is enabled to evaluate training quality of intermediate schools.

Chapter VII

IMPLEMENTATION

Article 53. Responsibilities of intermediate schools

1. Comply with regulations of this Circular.

2. Improve organizational structures, review activities, regulations on teachers, managers, public employees, employees, and students in accordance with regulations of this Circular.

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a) The school’s governing body (if it is a public intermediate school);

b) The General Department of Vocational Education; the Ministry of Labor – War Invalids and Social Affairs;

c) The Provincial Service of Labor-War Invalids and Social Affairs, centrally affiliated cities where the school's main facility is headquartered.

4. Update or develop, promulgate regulations on the organization, operation, and other internal provisions of the school in accordance with regulations of this Circular.

5. Be accountable to competent state agencies, students, and society on the activities of the school in accordance with regulations prescribed in Clause 4 Article 9 of this Circular.

6. Annually or irregularly send reports of the performance of school's activities to the Service of Labor-War Invalids and Social Affairs, General Department of Vocational Education, and the school's governing body.

7. Send the Service of Labor-War Invalids and Social Affairs of the provinces where the school's main facility or branches are headquartered the conditions to ensure the organization of vocational education activities for each field of study approved in certificates of registration of vocational activities, certificates of registration of additional vocational activities, for supervision and management.

Article 54. Responsibilities of General Department of Vocational Education

1. Provide guidelines for this Circular; conduct annual statistics and develop data base about intermediate schools.

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3. Preside over or cooperate with units affiliated with the Ministry of Labor – War Invalids and Social Affairs and related agencies in the inspection of the implementation of this Circular, take actions against violations in accordance with the law.

Article 55. Responsibilities of public intermediate schools’ governing bodies; ministries, ministerial-level agencies, Governmental agencies, central agencies of socio-political organizations

1. Direct affiliated public intermediate schools to implement this Circular.

2. Cooperate with the Ministry of Labor – War Invalids and Social Affairs in the management of affliliated public intermediate schools; resolve difficulties in accordance with the law.

3. Inspect the implementation of regulations of this Circular within its competence and take actions against violations committed by affiliated public intermediate schools in accordance with the law.

4. Decide on the establishment of affiliated public intermediate schools’ councils.

5. Collect and report annually to the Ministry of Labor – War Invalids and Social Affairs (General Department of Vocational Education) the results of the establishment of school councils, appointment of principals of affiliated public intermediate schools.

Article 56. Responsibilities of the provincial People’s Committees

1. Direct affiliated public and private intermediate schools to implement this Circular.

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3. Inspect the implementation of regulations of this Circular within its competence; take actions against violations committed by affiliated public intermediate schools and private intermediate schools in accordance with the law.

4. Decide on the appointment, removal from office, and dismissal or approval for resignation of principals of affiliated public intermediate schools; recognition or withdrawal of recognition of principals of private intermediate schools headquartered in the area.

5. Collect and report annually to the Ministry of Labor – War Invalids and Social Affairs (General Department of Vocational Education) the results of the establishment of school councils, appointment of principals of affiliated public intermediate schools, recognition or withdrawal of recognition of principals of private intermediate schools headquartered in the area.

Article 57. Responsibilities of Service of Labor-War Invalids and Social Affairs

1. Annually or irregularly send reports of the implementation of this Circular of intermediate schools headquartered in the area to the General Department of Vocational Education.

2. Inspect the implementation of regulations of this Circular within its competence; take actions against violations in accordance with the law; cancel or propose to cancel decisions contrary to regulations of this Circular.

3. Supervise the announcement of the conditions to ensure the organization of vocational education activities for each field of study approved in certificates of registration of vocational activities, certificates of registration of additional vocational activities of intermediate schools with headquarters or branches in the area.

4. Recognize or terminate the operation of private intermediate schools’ councils headquartered in the area. Present the Chairman of the provincial People’s Committees the decision on the recognition or withdrawal of recognition of principals of private intermediate schools.

5. Appoint representatives to participate in school councils or boards of directors of intermediate schools upon requests.

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IMPLEMENTATION PROVISION

Article 58. Transition provision

1. Public intermediate schools with the chairperson of the school council who also holds the position of the principal shall continue his/her term of office in accordance with the decisions of competent agencies or when there are changes in personnel holding the chairperson position. At the end of the term of office, the establishment of the school council of the subsequent term of office shall be conducted according to regulations of this Circular.

2. Private intermediate schools with the chairperson of the board of directors who is not a capital contributor shall continue his/her term of office in accordance with the decisions of the Service of Labor-War Invalids and Social Affairs of the province where the school is headquartered or when there are changes in personnel holding the chairperson position. At the end of the term of office, the establishment of the board of directors of the subsequent term of office shall be conducted according to regulations of this Circular.

Article 59. Entry into force
1. This Circular comes into force as of December 15, 2021.

2. Circular No. 47/2016/TT-BLDTBXH dated December 28, 2016, of the Minister of the Ministry of Labor – War Invalids and Social Affairs regulate on Charters of intermediate schools shall expire when this Circular comes into force.

3. Article 2 Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018, of the Minister of the Ministry of Labor – War Invalids on the update of Circulars related to financial procedures within the state management competence of the Ministry of Labor – War Invalids and Social Affairs shall be annulled.

4. Difficulties that occur during the implementation shall be reported to the Ministry of Labor – War Invalids and Social Affairs for guidance.

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MINISTER
DEPUTY-MINISTER




Le Tan Dung