Thông tư 04/2022/TT-BLĐTBXH tổ chức đào tạo trình độ trung cấp cao đẳng theo niên chế

• Số hiệu: 04/2022/TT-BLĐTBXH
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Lao động - Thương binh và Xã hội
• Người ký: Lê Tấn Dũng
• Ngày ban hành: 30/03/2022

MINISTRY OF LABOR – WAR INVALIDS AND SOCIAL AFFAIRS -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No. 04/2022/TT-BLDTBXH	Hanoi, March 30, 2022

CIRCULAR

ORGANIZATION OF INTERMEDIATE-LEVEL AND COLLEGE-LEVEL TRAINING BY ACADEMIC YEAR OR ACCORDING TO THE METHOD OF ACCUMULATING MODULES OR CREDITS

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

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, entitlements, and organizational structure of the Ministry of Labor – War Invalids and Social Affairs;

Pursuant to Decree No. 15/2019/ND-CP dated February 1, 2019 of the Government elaborating a number of Articles and implementation of the Law on Vocational Education;

At the request of the General Director of Directorate of Vocational Education and Training,;

The Minister of Labor – War Invalids and Social Affairs hereby promulgates the Circular on organization of intermediate-level and college-level training by academic year or according to the method of accumulating modules or credits.

Chapter I

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Article 1. Scope and regulated entities

1. This Circular provides for the organization and management of intermediate-level and college-level training by academic year or according to the method of accumulating modules or credits; regulations on tests, examinations, and consideration of graduation recognition.

2. This Circular applies to intermediate schools, colleges, and higher education facilities with certificates of registration of vocational education (hereinafter referred to as "schools").

3. This Circular does not apply to the organization of training at pedagogic intermediate level and pedagogic college level.

Article 2. Interpretation of terms

For the purpose of this Circular, the following terms shall be construed as follows:

1. “Training by academic year” means a method of organizing training by school year with relatively fixed classes in the whole course, allowing students (hereinafter referred to as “learners”) of the same class to follow a unified and general training plan and timetable.

2. "Training according to the method of accumulating modules or credits” means a method of training according to each learning content designed as modules and subjects, allowing learners to proactively select modules and subjects according to regulations of the school to accumulate until they complete the number of modules and credits prescribed in the program.

3. “Online training” means a teaching method that allows the implementation of a part of or the whole subject or module in the intermediate-level or college-level training program on the internet, replacing direct teaching at training locations of the vocational education facility.

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1. Training program

a) Training programs must show training targets, amount of knowledge, and requirements for capacity that learners need to achieve after they graduate; scope and structure of contents; training methods and forms; methods of assessing learning results. The development of training programs shall be in accordance with regulations of Circular No. 03/2017/TT-BLDTBXH dated March 1, 2017 of the Minister of Labor – War Invalids and Social Affairs on procedures for the development, appraisal, and promulgation of programs; organization of compilation, selection, and appraisal of intermediate-level and college-level training textbooks.

b) Training programs shall be publicized for learners before enrollment and at the beginning of the course. Any changes or adjustments to training programs shall be announced before applucation, preventing negative impacts to learners.

2. Training time is the time for a learner to complete a specific training program and be eligible for receiving a diploma corresponding to that training program, specifically:

a) The time of intermediate-level training by academic year for an individual who has at least a middle school diploma is one to two years, depending on the training profession or occupation;

b) The time of intermediate-level training according to the method of accumulating modules or credits is the prescribed time for the full accumulation of the number of modules or credits for each program;

c) The time of college-level training according to academic year is two to three school years, depending on the training profession or occupation of an individual who has a high school diploma or intermediate school diploma and a certificate of completion of the general education program or certificate of sufficient high school culture knowledge or has learned and qualified for sufficient high school culture knowledge as per regulation;

d) The time of college-level training according to the method of accumulating modules and credits is the time learners fully accumulate the number of modules and credits of each program.

3. The maximum time for learners to complete the program

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b) The maximum time for a learner who participates in two programs at the same time is the maximum time to complete training programs with longer training time, starting from the beginning of the first training program;

c) The principal may consider and decide to extend the maximum training time in cases where learners have certificates of disabilities as per regulation of the Law on People with Disabilities;

d) The Ministry of Labor – War Invalids and Social Affairs shall cooperate with the Ministry of Culture, Sports, and Tourism in stipulating the maximum time for training programs of professions and occupations in particular fields of culture, arts, and sports.

4. The time of organization of training and learning depends on the actual conditions and situations shall satisfy the following requirements as specified in training regulations of the school decided by the principal:

a) The time of training and learning is from 6 am to 10 pm every day, including Saturday and Sunday, excluding particular learning content that must be taught outside of this time;

b) The time for online teaching and learning is flexible, depending on the actual conditions and situations of each school and the principal's decision;

c) The time for teaching, practice, and internship at an enterprise shall comply with the agreement between the school and the enterprise, ensuring compliance with the law on working time.

5. The time for learning the amount of high school culture knowledge or the high school education program according to the continuous education form is not included in the vocational training time as prescribed in Clauses 2, 3, 4 of this Article.

Article 4. Training locations

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2. The online training shall be flexible in terms of locations decided by principals of schools based on their actual conditions, satisfying conditions for training for quality assurance as per regulation.

Article 5. Training plan

1. The principal shall, based on the learning amount of the training program, approve the plan for distribution of the number of subjects and modules for each semester or school year.

2. Before starting a course, the school shall publicly announce the training plan for that course. The training plan for each course or school year must show: The time, operations of the training program; start and end time of each semester, school year, and course; training time and duration of subjects and modules in the program; time to learn the theory, practice, and intern; plan for the organization of examinations, defense of graduation thematic assignment or thesis (if any); the time to complete all of the examinations of subjects, modules, and graduation exam; time for the summer holiday, Tet holiday, and opening and closing ceremony; extracurricular learning time and other contents.

3. In the case of online training, the training plan must specify contents, subjects, and modules for such a form of training.

Article 6. Registration of enrollment

1. When registering for enrollment, learners must submit documents prescribed in Clause 3 Article 11 of Circular No. 05/2021/TT-BLDTBXH dated July 7, 2021 of the Minister of Labor – War Invalids and Social Affairs stipulating regulations on enrollment and determination of enrollment targets at intermediate level and college level. Enrollment documents of learners shall be managed at units affiliated to the school or digitalized for management by training management software (if any).

2. Learners shall be organized into classes according to specific training programs and professions suitable for each form of training organization decided by the principal.

3. Learners will be provided with student cards for convenient management and monitoring during the training. Schools are recommended to use electronic student cards to perform training management (exams, looking up learning results; online learning; use at electronic libraries, computer rooms, laboratories) and use them as tools to conduct financial transactions (paying tuition fees, receiving funds, conducting e-commerce transactions, etc.) as well as other social transactions when approved.

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Article 7. Chainging training profession or occupation

1. A learner may change his/her current training profession or occupation to another training profession or occupation of the school.

2. The principal shall specify and decide to allow a learner to change his/her training profession or occupation when:

a) The learner has submitted a written request on changing his/her training profession or occupation;

b) The training profession or occupation the learner wishes to change to must have the enrollment method and criteria of the same level or lower compared to his/her current training profession or occupation;

c) Changing the training profession or occupation must be conducted in the first semester of the program;

d) The learner must not be in the period of suspension of his/her current program or adjustment of learning progress, or be disciplined by the school from a warning level or higher or prosecuted for criminal liability.

3. The maximum learning time for learners to change their training profession or occupation and complete their program, as prescribed in Clause 3 Article 3 of this Circular, starts from their enrollment in the training profession or occupation before changing them.

Article 8. Learning two programs at the same time

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a) The learner has submitted a written request on learning two programs at the same time;

b) The learner has completed the first semester of the program with a training time from one to two years or has completed the second semester of the program with a training time of more than two years. The learning result of each semester completed in the first program must at least be good;

c) The learner must not be in the period of suspension of his/her current program or be disciplined by the school from a warning level or higher or prosecuted for criminal liability.

2. Learners subject to adjustment of learning progress or expulsion from the first program will receive expulsion from the second program.

3. The time for learners to complete two programs at the same time is prescribed in Clause 3 Article 3 of this Circular.

Article 9. Temporary suspension of the program and Preservation of learning results

1. Preservation of learning results means the school will maintain the learning results and qualifications of subjects and modules learners have achieved in a fixed period of time if learners wish to temporarily suspend their training program. Preserved learning results of subjects and modules will be included in the learning result classification and graduation classification and assessment.

2. A learner may temporarily suspend his/her current program and have his/her learning results preserved if:

a) He/she is mobilized by a competent authority to perform military duty, participate in preventing and controlling the epidemic, or participating in international contests or competitions;

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c) He/she wishes to transfer to a different school to study the same training profession or occupation with differences in learning progress between schools;

d) He/she participates in an overseas labor program or project under a contract, or he/she has to stop his/her learning process due to his/her family circumstances and conditions;

dd) He/she is currently disciplined at the level of a definite learning suspension;

e) He/she is prosecuted for criminal liability but has yet to receive a conclusion from competent authorities, or has received a conclusion, but it is not subject to expulsion.

3. The preservation time of learning results shall not exceed 5 years after temporarily suspending the learning program, and it is not included in the maximum time to complete the learning course. Learners who wish to preserve their learning results shall request the principal to consider issuing a decision in writing.

4. A learner temporarily suspends his/her subject or module according to the training plan of the school and has to finish that subject or module within the maximum time for completing the program if:

a) He/she cannot ensure the completion of that subject or module due to health issues and has a certificate of a medical examination and treatment facility;

b) He/she cannot participate in that subject or module due to other reasons with specific proofs and receives an approval of the principal;

5. The time of temporarily suspension is included in the maximum time for learners to finish the program as prescribed in Clause 3 Article 3 of this Circular.

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1. Recognition of learning results

a) The learning results of a learner accumulated from a different training program, training level, or a different school in the vocational education system may be considered for recognition in the current training program regardless of learning forms (online or direct), specifically: The learner may be exempted from learning or final exam of the subject or module in case he/she has learnted and completed the final exam for that subject or module in a different program that has the content and duration consistent with the subject or module in his/her current program; or the learner may be exempted from a part of the content of the subject or module and has to take the final exam of that subject or module in case he/she has learnt its content in a different program but have yet to take the final exam or the duration and content of the previous subject or module are not consistent with the duration and content of the subject or module of the current training program. The principal shall decide the exempted learning content and duration;

b) The principal shall consider recognizing the content of knowledge and skills that learners have based on comparison with the content of current training programs;

c) The recognition of results and learning contents shall be carried out according to each subject, module, or the whole training program;

d) Schools shall disclose regulations on recognition of learning results and contents in each training program.

2. A learner may be exempted from learning contents regardless of training forms (online or direct) if:

a) He/she is exempted from the National Defense and Security Education subject according to regulations of the Ministry of Labor – War Invalids and Social Affairs on program and organization of teaching and assessment of learning results of the National Defense and Security Education subject in the block of general subjects in the intermediate-level or college-level training program.

b) He/she is exempted from the learning and final exam of the Politics Education subject in the block of general subjects in the intermediate-level or college-level training program in case he/she has graduated from an equivalent training level or has a graduation certificate or diploma of an intermediate political theory program or equivalences;

c) He/she is exempted from the learning or final exam of the Foreign Language subject in the block of general subjects in the intermediate-level or college-level training program in case he/she has graduated from an equivalent training level or has an equivalent foreign language level as prescribed in Decision No. 1982/QD-TTg dated October 18, 2016 of the Prime Minister on approving the Vietnam National Framework Level or has at least a graduation certificate or diploma of an intermediate foreign language level;

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dd) He/she is exempted from the learning and final exam of the Physical Education subject in the block of general subjects in the intermediate-level or college-level training program in case he/she is a war invalid that has injuries or chronic diseases that limit his/her motor function; he/she achieves first, second, or third place or medals in sectoral or provincial sports competitions or higher while learning at the school;

e) He/she has a certificate of disabilities according to the Law on People with Disabilities and is considered by the principal for exemption from certain subjects or modules or exemption from certain contents that he/she cannot satisfy.

Article 11. School transfer

1. If a learner transfers his/her school according to a decision of a competent state management agency, the transfer shall comply with such decision of that agency. The decision on school transfer must be agreed on by the learner in writing.

2. If a learner transfers his/her school according to personal demand, the school transfer shall comply with regulations of his/her current school and the school he/she wishes to transfer to. The principal shall only consider receiving or permitting the learner, who wishes for a school transfer, satisfies the following requirements:

a) He/she has an application for school transfer;

b) He/she is not in the period of adjustment of learning progress, disciplined by the school from a warning level or higher, or prosecuted for criminal liability.

c) He/she does not perform a school transfer when learning the last semester of the course;

d) He/she shall learn the current profession or occupation at the school he/she is transferring.

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4. The maximum time for the learner to apply for a school transfer to complete his/her program is counted from his/her enrollment time in the current school.

Article 12. Regular exam, periodic exam, and final exam of the subject or module

1. Regular exams and periodic exams

a) The teacher in charge of the subject or module shall organize regular exams at any time during the learning process according to each subject or module in various forms, including oral exams during classtime, written exams with a time limit of 30 minutes or less; practice exams of certain contents, homework marking, and other forms of exam and assessment.

b) Periodic exams are specified in the program of the subject or module; a written periodic exam has a time limit of 45 to 60 minutes, marking of assignments, essays, practice exams, internship, and other forms of exam and assessment.

c) Teachers in charge of the subject or module shall decide on the online regular or periodic exam. Online practice exams are applicacle when they satisfy conditions for physical facilities and training equipment; infrastructure system, and information technology devices, ensuring accurate and objective assessment of the learner's learning results;

d) Procedures for exams and the number of exams for each specific subject or module shall comply with regulations of the principal, ensuring at least one grade of a regular exam and one grade of a periodic exam for a subject or module. A regular or periodic exam is graded according to a 10-point scale, rounded to one decimal place.

2. Final exams of subjects and modules

a) Final exams of subjects and modules are conducted at the school, its branches, its training locations, joint-training units, or enterprises directly or via online methods when satisfying conditions for the organization of exams;

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c) The schedule for the final exam of a subject or module must be disclosed at least 2 weeks before the exam. Each exam of a subject or module must be organized separately; joint exams of several subjects or modules in the same exam session of a learner are prohibited.

d) The list of learners eligible or ineligible for participating in the exam must specify reasons; the list of exam locations must be disclosed before the exam day at least 3 working days;

dd) Learners who participate in the exam must be disseminated with their entitlements, duties, and tasks;

e) The form of a final exam of a subject or module may be written, oral, multiple-choice, practice, assignment, internship result defense according to topics, or a combination of all of the mentioned forms;

g) The time limit for a written final exam is 60 to 120 minutes; the principal shall decide on the time limit for final exams in other forms, the time limit of particular subjects or modules of the training profession or occupation, or the time limit for online final exams;

h) Regarding written final exams, each exam room must have at least 2 examiners and no more than 50 participants; participants must be arranged according to their registration number. Regarding exams in other forms, the principal shall decide on the arrangement of exam rooms and relevant contents;

i) An online final exam is applicable when it satisfies conditions for physical facilities, training equipment; infrastructure system, and information technology devices. The principal shall elaborate forms and procedures for organizing exams to ensure an accurate and objective assessment of learners’ learning results, preventing cheating during the exam. An online final exam must be videotaped and recorded, and its results must be printed out for storing as prescribed in Clause 3 Article 19 of this Circular.

Article 13. Conditions for participating in the final exam of a subject or module

1. Conditions for participating in the final exem of a subject or module

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b) The learner must have a Grade Point Average (GPA) of regular and periodic exams of 5,0 or higher on a 10-point scale;

c) The principal will consider and decide on prioritizing exam conditions for learners who have a certificate of disabilities according to regulations, however, they must ensure the condition specified in Point b of this Clause.

2. Number of attempts at final exams of subjects and modules

a) After completing a subject or module, the learner who meets the condition prescribed in Clause 1 of this Article is eligible for participating in the final exam of such subject or module. If the learner has not taken the first attempt at the final exam of the subject or module and has legitimate reasons, he/she will be arranged to participate in the next exam. Regarding learners who have not passed on their first attempt and are subject to retake; the principal shall stipulate the number of attempts;

b) The learner who have passed the final exam on his/her first attempt but wants to score a higher grade may register for another attempt in the next exam to improve their grade, but he/she will not be able to preserve his/her previous grade. The grade of the second-attempt test will not be used for consideration for a scholarship;

c) If a learner is absent from any exam without a legitimate reason, the score will still be counted, and he/she shall receive a grade of 0 for that exam and have to retake that exam. The principal shall decide on the number of attempts.

Article 14. Repeating a failed subject or module and retaking an exam

1. A learner must repeat a subject or module and retake an exam of a subject or module if:

a) He/she is ineligible for participating in the exam;

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c) Learners who follow the method of accumulating modules or credits may only register for a repeat of a subject or module or retake of an exam of a subject or module for grade improvement.

2. Learners who have to repeat a subject or module and retake an exam of a subject or module may not preserve their grade, and their previous learning time of that subject or module must meet conditions for participation in the exam as prescribed in Clause 1 Article 13 of this Circular.

3. In case a subject or module is unavailable due to changes in the training program, the principal shall replace it with another subject or module suitable for the target of the program.

Article 15. Issuing exam and marking final exam of a subject or module

1. Exam

a) An exam must be consistent with the content of a subject or module prescribed in the program and randomly drawn from the school’s exam bank; regarding exams organized via online methods or specialized software, the principal shall elaborate on the method of developing or selecting exams;

b) The principal shall decide on the exam for people with certificates of disabilities in accordance with regulations of the Law on People with Disabilities.

2. Marking

a) A final exam of a subject or module must at least be graded by 2 teachers who give separate grades and provide their signatures on the exam, marking sheet, and summary of participants' grades. Written exams and multiple-choice exams must have their heading removed before marking; the marking of oral exams and practice exams must be carried out on marking sheets prescribed by the principal;

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c) An online final exam of a subject or module is graded by a specialized machine or software. The principal shall decide on the method and procedure for reviewing an exam.

3. Disclosure of exam grades

a) The grades of oral exams, practice exams, or internship report defense must be disclosed to learners right after their marking;

b) Regarding other forms of exams, the grade must be disclosed to learners within 10 days after the examination date.

Article 16. Grade determination of a subject or module, GPA of a semester, school year, course, and accumulative GPA

1. Grade of a subject or module

a) The grade of a subject or module includes the average grade of exam grades multiplied by 0,4 and the final exam grade multiplied by 0,6 of that subject or module;

b) The average exam grade is the average grade of regular exam grades and periodic exam grades according to the coefficient of each type of grade. In which, regular exam grades is multiplied by 1 and periodic exam grades is multiplied by 2;

c) The grade of a subject or module is based on a 10-point scale in training according to academic year and a 4-point scale according to the method of accumulating modules or credits.

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a) The formula to calculate the GPA of a semester/school year/course and accumulative GPA:

Which:

A: is the GPA of a semester/school year/course or accumulative GPA;

i: is the ordinal number of the subject or module;

a_i: is the grade of the subject or module no. i;

n_i: is the number of credits of the subject or module no. i;

n: is the total number of subjects or modules in a semester/school year/course or the accumulated number of subjects or module.

b) The accumulative GPA is the average grade of subjects or modules accumulated by the learner from the start of the course to the time of consideration at the end of each semester;

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d) In case the learner temporarily suspends the learning of a subject or module, the learning volume of that subject or module during the suspension period will not be calculated.

3. The GPA of a semester, school year, or the accumulative GPA used for consideration for a scholarship or commendation after each semester, school year, or course is determined according to the grade of the first-attempt final exam of a subject or module. The highest grade of an attempt at the final exam of a subject or module is used for consideration for adjustment of learning progress or expulsion.

4. The Physical Education subject and National Defense and Security Education subject in the block of general subjects in the intermediate-level or college-level training program are conditional subjects. The assessment result of the above-mentioned subjects will not be included in the GPA of a semester, school year, the accumulative GPA, or the graduation grade, but it is one of the conditions for consideration for completion of the learning volume, participation in the graduation exam, defense of graduation thematic assignment or thesis, recorded in the transcript issued with the diploma.

Article 17. Handling of exam violations

1. A learner who participates in the exam for another learner or has another person participate in the exam will receive a one-year suspension from learning for the first offense and an expulsion for the second offense.

2. During the exam, if a learner cheats, uses an illegal aid, helps, or abets cheating acts, the examiner will make a record and consider deciding whether that learner can continue his/her exam or not. If his/her exam must be stopped, it will be graded 0.

3. Except for cases prescribed in Clauses 1 and 2 of this Article, the principal shall elaborate methods of handling exam violations for each case according to each specific form of the exam; such methods shall be prescribed in regulations on tests, examinations, and consideration of graduation recognition of the school.

Article 18. Diplomar, transcript, and certificate of learning results

1. If a learner is eligible for graduation recognition, the principal will grant that learner a diploma. The form of intermediate-level and college-level diplomas is prescribed in Circular No. 10/2017/TT-BLDTBXH dated March 13, 2017 on forms of intermediate-level and college-level diplomas; the printing, management, grant, revocation, and termination of intermediate-level and college-level diplomas are amended by Circular No. 24/2020/TT-BLDTBXH dated December 30, 2020 of the Minister of Labor – War Invalids and Social Affairs.

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3. A learner who has yet to receive graduation recognition may receive a certificate of learning results of learnt subjects or modules in the program, which specifies the training form and reason for not getting a graduation recognition.

4. The principal shall organize the awarding of diplomas for learners eligible for the grant of diplomas within 30 working days from the end date of the last final exam regarding training according to academic year or at the end of the last subject or module in the program regarding training according to the method of accumulating modules or credits.

5. Learners who graduate from the college-level of professions or occupations in fields of Computer and Information Technology; Engineering Technology; Engineering; Production and Processing; Architecture and Construction; Agriculture, Forestry, and Fishery; Transportation Service shall be recognized as practicing engineers; remaining professions and occupations shall be recognized as practicing bachelors.

Article 19. Management of training records and books

1. The principal shall make and manage training records in accordance with regulations of Circular No. 23/2018/TT-BLDTBXH dated December 6, 2018 of the Minister of Labor – War Invalids and Social Affairs on records and books in training at intermediate and college levels; preserve, store, and use training records and books in accordance with the law and regulations of this Circular. In case of dissolution, hand over records to a competent management agency.

2. Records that are stored permanently

a) Approval and issuance documents of training programs; issuance records of textbooks or training documents; documents of regulations on training organization and management;

b) Approval documents of the list of admitted learners and the list of classes;

d) Recognition records of graduation results regarding training according to academic year include the Decision on Establishment of the graduation exam council; the list of learners participating in the exam and exam results, prints of exam results for exams organized via online methods or a specialized software on the computer, exam submission sheets signed by learners. Recognition records of graduation results regarding training according to the method of accumulating modules or credits include the Decision on Establishment of the graduation consideration council, minute of the graduation review meeting, transcript summarizing the entire course;

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e) Training plans for courses and school years;

g) Commendation and discipline records of learners;

h) Records of domestic and international joint training.

3. Records that are stored for at least 10 years from the date of graduation recognition for learners

a) Records of organization of final exams of subjects and modules include the exam plan and schedule; list of participants and exam results of each subject; exam submission sheets signed by learners and examiners; videos and audio records of online exams;

b) Transcripts of learners include regular and periodic exam grades; final exam grades of subjects and modules; prints of exam results regarding exams organized via online methods or a specialized software on the computer signed by teachers, lecturers, and professional managers.

4. Records that are stored for at least 5 years from the date of graduation recognition for learners

a) Records for review of final exams of subjects, modules, and graduation exams;

b) Attendance books of each class.

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a) Used exams and graduation exam marking sheets in training according to academic year.

b) Timetables and assignments of teachers and lecturers.

Chapter II

ORGANIZATION OF TRAINING ACCORDING TO ACADEMIC YEAR

Article 20. Organization of classes

Training according to academic year is organized by school year, each school year has 2 semesters, and each semester has at least 15 weeks of actual learning plus the time for final exams of subjects and modules. Aside from two main semesters, the principal shall consider issuing a decision on organization of sub-semesters to facilitate learners to repeat their subject or module or have catch-up classes. Each sub-semester has at least 4 weeks of actual learning plus the time for final exams of subjects or modules.

Article 21. Classification of learning results

1. After each semester or school year, learning results of learners will be classified based on a 10-point scale as follows:

a) Excellent: from 9,0 to 10;

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c) Good: from 7,0 to 7,9;

d) Acceptable: from 5,0 to 6,9;

dd) Fail: below 5,0.

2. A learner who has a very good grade or higher will have his/her grade deducted by one classification level if:

b) He/she is disciplined by the school at a warning level or higher in the semester or school year that he/she receives the classification of learning results;

b) He/she has to retake an exam of a subject or module in the semester or school year regarding the excellent classification; he/she has to retake exams of 2 subjects or modules or more in the semester or school year regarding the very good classification (excluding conditional subjects; temporarily suspended or exempted subjects or modules).

3. Learning results in the sub-semester shall be combined with learning results in the main semester for classification.

Article 22. Adjustment of learning results, expulsion, and voluntary withdrawal from school

1. At the end of each school year, if learners of the program with a training time of 1,5 years or more fall into one of the following cases, they shall be forced to adjust their learning progress and complete failed subjects or modules for consideration for learning new subjects or modules; the time of learning progress adjustment is included in the maximum time to complete the program as prescribed in Clause 3 Article 3 of this Circular:

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b) Learners who have the GPA of the school year of below 4,0 and certificates of disabilities in accordance with the Law on People with Disabilities.

2. A learner will receive an expulsion if he/she falls into the following cases:

a) He/she has a GPA below 4,0 at the end of the school year;

b) He/she fails to pass the graduation exam, thematic assignment, or thesis after the expiry date of the maximum time to complete the program prescribed in Clause 3 Article 3 or after all valid attempts to participate in the graduation exam as prescribed in Clause 2 Article 24 of this Circular.

c) He/she is expelled.

3. Learners who are not subject to expulsion may request for a withdrawal from the school in one of the following cases:

a) Learners consider that they are not able to complete the program due to insufficient remaining time to complete the program as per regulation;

b) Learners have to withdraw from the school due to other reasons with legitimate and specific reasons approved by the principal.

4. The principal shall elaborate on procedures, rights, tasks, or responsibilities of learners who wish to preserve their learning results and decide on the adjustment of learning results, expulsion, and voluntary withdrawal from the school of learners.

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1. The plan for the exam and defense of graduation thematic assignment or thesis must be developed and disclosed at least 4 weeks before the graduation exam.

2. Content, time, and form of organization of the graduation exam

a) The content of the graduation exam includes Specialized Theory Examination Subject and Practice Examination Subject;

b) The Specialized Theory Exam may be organized in the form of written, oral, or multiple-choice; the time for completion shall not exceed 180 minutes for the written or multiple-choice exam, and the oral exam time shall not exceed 40 minutes with 20 minutes of preparation for a learner.

c) The Practice Exam is organized in the form of a general skill practice exam to complete a product, service, or a part of a product or service. The principal shall stipulate the specific time for completion of the Practice Exam, ensuring consistency with the characteristics of training professions or occupations;

d) The online Practice Exam is applicable to professions and occupations in the field of Arts; Humanities; Information Press; Business and Management; Law; Social Service or professions and occupations in other fields if they satisfy the following requirements:

Professions or occupations for graduation exams that do not have mandatory requirements for equipment, practice materials, professions or occupations that have replaceable equipment and practice materials suitable for online exams, or professions or occupations that have specialized exam and assessment software that fully satisfy requirements for infrastructure, information technology equipment, and audio and video recording equipment for the exam process.

dd) The principal shall elaborate forms and procedures for organizing online exams to ensure an accurate and objective assessment of learners’ learning results, preventing cheating during the exam. An online final exam must be videotaped and recorded, and its results must be printed out for storing as prescribed in Clause 3 Article 19 of this Circular. The form of online exams must be agreed on by members of the graduation exam council and learners.

3. The graduation exam council

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b) The President of the graduation exam council shall elaborate and direct all of the exams and defenses of graduation thematic assignment or thesis; decide on the establishment of divisions and small divisions to support the council, including divisions of secretary, exam, examiners, exam marking, theses and graduation theses marking, and other supporting divisions according to requirements of the exam;

c) The graduation council shall consider granting graduation recognition for learners as prescribed in Article 26 of this Circular; present the list of learners eligible or ineligible for graduation recognition to the principal for consideration and decision.

4. Issuance, supervision, and marking of exams

a) An exam must be consistent with the exam outline, each subject exam must have a main set of exams and at least a set of backup exams that is equivalent in terms of knowledge content and have the same time limit for completion with the Specialized Theory Examination Subject;

b) Online exams must satisfy the same requirements for direct exams and are equivalent regarding content;

c) The answer points of exam questions in the form of written and practice exams are divided according to the content, not exceeding 0,25 on a 10-point scale; in which, if the total grade of the exam has an odd grade of 0,25, it will be rounded to 0,5; if the odd grade is 0,75, it will be rounded to 1,0.

5. Marking of graduation thematic assignment or thesis

a) The marking division of graduation thematic assignment and thesis has from 3 to 5 members, including the Head, secretary, and its members;

b) The marking division of graduation thematic assignment and thesis has from 3 to 5 members, including the Head, secretary, and its members;

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d) Minutes of marking graduation thematic assignment and thesis are stored as for minutes of exam marking and archived as prescribed in Article 19 of this Circular.

Article 24. Conditions for participating in graduation exams and the number of attempts

1. Conditions for participating in graduation exams:

a) The final grade of the subject or module in the program is at least qualified;

b) The learner is not disciplined by the school from a definite learning suspension level or higher or prosecuted for criminal liability.

c) The number of exam attempts within the time limit for taking the graduation exam is prescribed in Clause 2 of this Article;

d) A learner who is ineligible for participating in the final exam as prescribed in Point a of this Clause, if his/her tine fund is sufficient for completion of the program, the principal shall consider and permit such learner to complete failed subjects or modules, and organize the consideration of graduation exam conditions;

dd) A learner who is ineligible for participating in the final exam due to a definite learning suspension after his/her learning suspension time or prosecution for criminal liability period with a conclusion of a competent authority and is not subject to expulsion shall be considered for participating in the graduation exam by the principal;

e) If a learner commits a disciplinary violation or violates the law not at the level of criminal liability prosecution, the principal shall organize a disciplinary review before considering the conditions for taking the graduation exam for that learner.

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a) If a learner has a graduation exam grade of below 5,0, he/she may retake that subject exam no more than 3 times in the maximum time to complete the program.

b) A learner will take the first retake for a failed subject of the graduation exam within at least 30 days from the date of disclosure of graduation exam results, the time of the retake shall be decided by the principal;

c) If a learner who has a certificate of disabilities as per regulation has a graduation subject exam graded below 5,0, the principal shall consider prioritizing the number of attempts to retake such graduation subject within the maximum time to complete the program;

d) Learners who do not participate in the graduation exam due to legitimate reasons and force majeure may participate in another graduation exam without losing an attempt at the missed exam. If learners miss the exam without legitimate reasons, a number of attempts at such exam will be counted, and has to retake within the number of attempts for participating in the exam;

dd) dd) Learners are exempted from the graduation exam regarding the subject exam they have participated in qualified for that subject in the equivalent profession, occupation, and level.

Article 25. Graduation thematic assignment and thesis

1. The principal shall decide on classes and learners eligible for conducting graduation thematic assignments and theses; assign teachers or lecturers to provide guidelines on graduation thematic assignments and theses at the request of the specialized department.

2. The volume of the graduation thematic assignment or thesis shall not exceed 5 credits and is prescribed in the college-level training program.

3. The written request for learners to defend their graduation thematic assignments or theses of guiding teachers or lecturers and the full texts of graduation thematic assignments or theses shall be submitted to the specialized department 15 days before the defense; graduation thematic assignments or theses shall be handed over to the marking council before the defense at least 10 days.

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5. Regarding a number of training professions or occupations in the fields of Arts, Health, Sports, and National Defense and Security, the principal shall stipulate the content and form of graduation thematic assignment or thesis suitable for particular professions or occupations.

Article 26. Conditions for graduation

1. A learner is recognized for graduation if he/she satisfies the following conditions:

a) The grade of each graduation examination subject or graduation thematic assignment or thesis is 5,0 or higher based on a 10-point scale;

b) The learner is not disciplined from a definite learning suspension level or higher or prosecuted for criminal liability;

c) The learner has satisfies other conditions as per regulation of the school;

2. e) If a learner commits a disciplinary violation or violates the law not at the level of criminal liability prosecution, the principal shall organize a disciplinary review before considering the conditions for graduation recognition for that learner.

3. In case a learner is disciplined at the level of suspension from learning for a definite period, after his/her learning suspension time or prosecution for criminal liability period with a conclusion of a competent authority and is not subject to expulsion, the principal shall organize the consideration and recognition of graduation.

4. Within 15 working days after the end date of the graduation exam or defense of graduation thematic assignments or theses, the graduation consideration council shall organize graduation consideration for the learner. Within 5 working days after the date of graduation consideration for the learner, the graduation consideration council shall present the list of learners eligible or ineligible for graduation consideration to the principal.

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Article 27. Graduation assessment and classification grade

1. The graduation assessment and classification grade is calculated according to the formula:

D_TN

3.D_TB + 2.D_TNTH + D_TNLT

6

Which:

D_TN is the graduation assessment and classification grade

D_TB is the GPA of the whole course

D_TNTH is the grade of the Practice Examination Subject

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2. The graduation assessment and classification grade for graduation thematic assignments or theses is calculated according to the formula:

D_TN

3.D_TB + 2.D_CD

5

Which: D_CD is the grade of the graduation thematic assignment or thesis.

3. The graduation classification of a learner is based on the graduation classification grade and a 10-point scale as follows:

a) Excellent: from 9,0 to 10

b) Very good: from 8,0 to 8,9

c) Good: from 7,0 to 7,9

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4. A learner with at least a very good graduation classification grade who does not have to retake any graduation examination subject or does not have to re-defend his/her graduation thematic assignment or thesis will have his/her graduation classification grade deducted by one graduation classification level if:

a) He/she has to retake an exam of a subject or module in the semester regarding the excellent classification; he/she has to retake exams of 2 subjects or modules or more in the semester regarding the very good classification (excluding conditional subjects or modules; temporarily suspended or exempted subjects or modules).

 b) He/she has to repeat a learning volume that exceeds 10% of the duration of the program;

c) He/she is disciplined by the school at a warning level or higher during his/her learning time at the school, excluding the disciplinary level prescribed in Clause 2 and Clause 3 Article 17 of this Circular;

5. The graduation classification of a learner who has to retake the graduation exam or re-defend his/her graduation thematic assignment or thesis is as follows:

a) The highest graduation classification is good if he/she has to retake 1 graduation examination subject or re-defend his/her graduation thematic assignment or thesis once;

b) The highest graduation classification is acceptable if he/she has to retake his/her graduation exam or re-defend his/her graduation thematic assignment or thesis 2 times or more.

Chapter III

ORGANIZATION OF TRAINING ACCORDING TO THE METHOD OF ACCUMULATING MODULES OR CREDITS

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1. Classes are organized according to each subject or module and the learning registration of learners in each semester. The principal shall stipulate the number of mandatory learners for each theory or practice class, ensure conditions for the organization of training are consistent with actual situations, and ensure integrated and practice classes have no more than 18 learners for common professions; no more than 10 learners for heavy, hazardous, and dangerous professions or occupations in accordance with the list promulgated by the Ministry of Labor – War Invalids and Social Affairs.

2. Depending on actual conditions, there can be 2 – 3 semesters per year, including main semesters and sub-semesters. The main semester is compulsory, each main semester has at least 15 weeks, including the actual learning time and exam time. The sub-semester is optional, in the sub-semester, learners will learn subjects or modules that are behind schedule in the main semester, retake failed subjects or modules, improve their grades, or learn in advance subjects or modules in the following semesters if classes are available in the sub-semester. Each sub-semester must have at least 6 weeks, including the actual learning time and exam time.

Article 29. Registration of learning volume

1. Before each semester, a learner must register for learning volume as per training regulation of the school. The registered learning volume in each semester:

a) The minimum learning volume shall not be less than 2/3 the average volume of a semester according to the learning plan;

b) The maximum learning volume shall not exceed 3/2 the average volume of a semester according to the learning plan;

c) The minimum learning volume is not regulated regarding sub-semesters.

2. Learners may re-register for a subject or module whose final exam grade is D as prescribed in Article 31 of this Circular to improve their accumulative GPA.

3. The registered learning volume of a learner by each semester is recorded in the registration sheet stored by the school.

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1. The reduction of registered learning volume shall be conducted after 2 weeks from the beginning of the main semester or after 1 week from the beginning of the sub-semester. Depending on specific conditions, the principal shall stipulate the maximum learning volume eligible for a reduction. Aside from the reduced learning volume, subjects or modules remain the same on the registration sheet, if learners do not learn these subjects or modules, it will be considered a voluntary withdrawal, and they will receive an F as prescribed in Article 31 of this Circular.

2. Learners may only have their registered learning volumes reduced if they request the school in writing, and such requests must be approved by the school.

Article 31. Conversion of grades of subjects or modules, semester GPA, and accumulative GPA

1. Converting grades of subjects or modules into letter grades

a) The grade of a subject or module determined as prescribed in Clause 1 Article 16 of this Circular based on a 10-point scale, after being rounded to one decimal place, will be converted to a letter grade as follows:

Passed:

A: from 8,5 to 10

B: from 7,0 to 8,4

C: from 5,5 to 6,9

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Failed:

F: below 4,0

b) Regarding subjects or modules that are ineligible for calculation of grades when rating assessment, use the following symbols:

I: Not enough component grades for assessment due to permission to postpone the exam;

X: Test results have not been received;

R: For subjects or modules that are exempted or allowed for grade conversion, attached with results

c) The symbol F, in addition to regulations prescribed in Point a of this Clause, also applies to cases where learners violate exam rules prescribed in Article 17; voluntarily withdraw from learning as prescribed in Clause 1 Article 30 of this Circular;

d) The symbol I applies to the following cases: The learner is ill or has an accident during his/her learning time or final exam time, so he/she cannot take the exam but must be permitted by the principal; the learner does not take enough regular, periodic, or final exams of a subject or module due to objective reasons justified by the principle. Aside from special cases stipulated by the principal, before the start of the next semester, the learner who has a grade I must complete outstanding regular or periodic exams for conversion of grades;

dd) The symbol X applies to subjects or modules for which the learning result summary unit has not received reports on learning results of learners from the training unit;

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2. The semester GPA, accumulative GPA, and letter grades of each subject or module are converted to grades on a 4-point scale as follows:

A corrensponds to 4

B corresponds to 3

C corresponds to 2

D corresponds to 1

F corresponds to 0

If a letter scale with more levels is used, the principal shall stipulate it, and the conversion of grades shall also be conducted based on a scale of 0 to 4.

3. The semester GPA and accumulative GPA are determined as prescribed in Clause 2 Article 16 of this Circular.

Article 32. Classification of learning results

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Excellent: from 3,50 to 4,00

Very good: from 3,00 to 3,49

Good: from 2,50 to 2,99

Acceptable: from 2,00 to 2,49;

Fail: below 2,00

2. A learner who has a very good grade or higher will have his/her grade deducted by one classification level if:

a) He/she is disciplined by the school at a warning level or higher during the classification semester, excluding the disciplinary level prescribed in Clause 2 and Clause 3 Article 17 of this Circular.

b) He/she has to retake an exam of a subject or module in the semester regarding the excellent classification; he/she has to retake exams of 2 subjects or modules or more in the semester regarding the very good classification (excluding conditional subjects or modules; temporarily suspended or exempted subjects or modules).

3. Learning results in the sub-semester shall be combined with learning results in the main semester for classification.

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1. A learner with bad learning results will receive warnings of learning results by each semester as notifications for him/her to have appropriate learning plans for improvement of learning results. The learner will receive warnings of learning results when:

a) His/her total number of failed subjects and modules exceeds 50% of the registered learning volume at the beginning of the semester;

b) His/her semester GPA is below 1,2 for the first semester of the course or below 1,5 for the following semesters;

c) The principal specifies the number of warnings of learning results and the form of notification to the learner.

2. After each semester, A learner will be expelled if:

a) He/she receives a number of warnings of learning results that exceeds the prescribed number as per regulation of the school;

b) The maximum time limit for completing the program has expired as prescribed in Clause 3 Article 3 of this Circular, but the learner has not completed the program;

c) He/she is expelled.

3. Learners who are not subject to expulsion may request for a withdrawal from the school in one of the following cases:

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b) Learners have to withdraw from the school due to other reasons with legitimate and specific reasons approved by the principal.

4. The principal shall elaborate on procedures, rights, tasks, or responsibilities of learners, preserved or accumulated learning results, and decide on the adjustment of learning results, expulsion, and voluntary withdrawal from the school of learners.

Article 34. Conditions for graduation

1. At the end of the course, or when learners accumulate sufficient modules or credits as prescribed in the program, the principal shall establish a graduation consideration council for learners.

2. A learner is recognized for graduation if he/she satisfies the following conditions:

a) He/she has accumulated sufficient modules or credits as prescribed in the program;

b) His/her GPA of the whole course is at least 2,0 on a 4-point scale;

c) He/she has completed other mandatory requirements prescribed in the program;

d) He/she is not disciplined at a level of suspension from learning for a definite period or more or is prosecuted for criminal liability;

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3. If a learner commits a disciplinary violation or violates the law not at the level of criminal liability prosecution, the principal shall organize a disciplinary review before considering the conditions for graduation recognition for that learner.

4. In case a learner is disciplined at the level of suspension from learning for a definite period, after his/her learning suspension time or prosecution for criminal liability period with a conclusion of a competent authority and is not subject to expulsion, the principal shall organize the consideration and recognition of graduation.

Article 35. Classification of graduation

1. The classification of graduation is determined based on the accumulative GPA of the whole course as prescribed in Clause 1 Article 32 of this Circular.

2. A learner with at least a very good graduation classification grade will have his/her graduation classification grade deducted by one graduation classification level if:

a) He/she has to retake an exam of a subject or module in the semester regarding the excellent classification; he/she has to retake exams of 2 subjects or modules or more in the semester regarding the very good classification (excluding conditional subjects or modules; temporarily suspended or exempted subjects or modules);

 b) He/she has to repeat a learning volume that exceeds 10% of the duration of the program;

c) He/she is disciplined by the school at a warning level or higher during his/her learning time at the school, excluding the disciplinary level prescribed in Clause 2 and Clause 3 Article 17 of this Circular;

Chapter IV

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Article 36. Schools shall:

1. Practice autonomy and be responsible for selecting training methods according to academic year or accumulation of modules or credits suitable for their specific conditions, ensuring training quality for each program.

2. Provide bridge programs for learners who is learning professions, occupations, and training levels provided in schools as prescribed in Circular No. 27/2017/TT-BLDTBXH dated September 21, 2017 of the Minister of Labor – War Invalids and Social Affairs on provision of bridge program between levels of vocational education; Provide joint training as prescribed in Circular No. 29/2017/TT-BLDTBXH dated December 15, 2017 of the Minister of Labor – War Invalids and Social Affairs on joint implementation of training programs.

3. Rely on this Circular to promulgate regulations on training, exams, consideration for graduation recognition, and specific regulations on organization and management of training according to each training method and type.

4. Before the start of the course, disclose conditions for quality assurance; mandatory target, knowledge volume, and requirements for capacity that learners have to achieve after graduation; programs of each training profession or occupation; the maximum time to complete a program for specific professions or occupations; training regulations; training plans for the course or school year; estimated time for graduation exams; regulations on exam and consideration for graduation recognition.

Article 37. Application of information technology to organization of training

1. Schools are autonomous in applying information technology to their organization of training, specifically:

a) Development of infrastructure and investment in technology, technological equipment satisfying requirements for digital transformation in training;

b) Development of training organization management programs, including management of training programs and teaching staff; digital records of learners from when they enter the school to when they join the labor market, and other contents serving the school's training activities in the computer network environment;

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d) Research and application of Virtual Reality (VR) and Augmented Reality (AR) to practice training support;

dd) Digitalization of programs, textbooks, learning materials, teaching plans, records, training documents; training plans and progress; development of electronic libraries serving the training process.

2. Intermediate-level or college-level training activities according to academic year or the method of accumulating modules or credits via application of information technology must ensure compliance with regulations of this Circular and relevant laws.

Article 38. Regulations on reports

1. The principal shall send annual written reports on the training work of the school according to the implementation year by December 31 to the school governing body; the local Department of Labor - War Invalids and Social Affairs, where the school is headquartered before January 10 of the succeeding year. Reports include several main contents such as data on enrollment, graduation, withdrawal from learning, learning in the year, estimated graduation in the following year, graduates who have jobs for 12 months according to input entities, training professions or occupations, training courses and forms; the number of newly developed, updated, or amended programs; joint training (professions or occupations, associate units, and locations); situations of commendation, disciplinary actions, handling of violations (if any), and advantages and disadvantages in training, and requests or suggestions sent to competent agencies.

2. Directors of Departments of Labor – War Invalids and Social Affairs of provinces or centrally affiliated cities shall send annual written reports on the summary of the performance of intermediate-level or college-level training of schools in their areas till December 31 to the Ministry of Labor - War Invalids and Social Affairs before January 25 of the succeeding year

3. Aside from regulations on reports prescribed in Clause 1 and Clause 2 of this Article, principals of schools and Directors of Departments of Labor - War Invalids and Social Affairs of provinces or centrally affiliated cities shall report on other matters related to the organization of training to competent agencies in accordance with the law or send irregular reports when requested.

Article 39. Entry into force

1. This Circular comes into force as of May 15, 2022. Circular No. 09/2017/TT-BLDTBXH dated March 13, 2017 of the Minister of Labor – War Invalids and Social Affairs on implementation of intermediate-level and college-level training programs according to academic year or methods of accumulating credits or modules; regulations on exams and consideration for graduation recognition will expire when this Circular comes into force.

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3. Regarding enrollment courses, before this Circular comes into force, schools shall organize training according to current regulations from the time of starting the course until the end.

4. In case of natural disasters, complicated epidemics, and other force majeure, agencies, organizations, and individuals shall timely report to the Ministry of Labor – War Invalids and Social Affairs for study and settlement.

Article 40. Implementation responsibilities

Ministries, ministerial agencies, governmental agencies, People’s Committees of provinces and centrally affiliates cities, Socio-political Organizations, Departments of Labor – War Invalids and Social Affairs, intermediate schools, colleges, relevant agencies, organizations, and individuals shall implement this Circular./.

PP. MINISTER
DEPUTY MINISTER




Le Tan Dung