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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
43/2008/ND-CP
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Hanoi,
April 8, 2008
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DECREE
DETAILING
AND GUIDING THE IMPLEMENTATION OF ARTICLE 62 AND ARTICLE 72 OF THE VOCATIONAL
TRAINING LAW
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Vocational Training Law;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
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Article 2.- Subjects of
application This Decree applies to:
1. Instructors who teach
vocations in vocational colleges, vocational intermediate schools, vocational
training centers, enterprises, cooperatives, production, business or service
establishments, universities, colleges, professional secondary schools and
other educational institutions registered for vocational training (below
collectively referred to as vocational training establishments), which are
public, private or foreign-invested.
2. Instructors who teach
vocations for disabled and handicapped people at vocational training
establishments or courses reserved exclusively for disabled and handicapped
people.
Vocational training
establishments and vocational training courses reserved exclusively for
disabled and handicapped people are those with 70% or more of the trainees
being disabled or handicapped persons.
3. Instructors who teach
vocations, at integration vocational training courses for disabled and
handicapped persons in vocational training establishments.
Integration vocational training
courses for disabled and handicapped persons are those with between 5% and
under 70% of the trainees being disabled or handicapped persons.
Article 3.- Funding
sources for allowance payment
1. Funding sources for payment
of heavy, hazardous or dangerous work allowances and special allowances for
teachers at public vocational training establishments come from state budget
allocations and revenues from non-business activities of these establishments
as provided for in Decree No. 43/2006/ND-CP of April 25, 2006, on autonomy and
accountability in task performance, apparatus organization, payroll and
finance, applicable to public non-business units, and other relevant provisions
of law.
2. Funding sources for payment
of heavy, hazardous or dangerous work allowances and special allowances for
teachers at private or foreign-invested vocational training establishments come
from revenues from non-business activities of these establishments and state
budget allocations (if any) as provided for in Decree No. 53/2006/ND-CP of May
25, 2006, on incentive policies for development of non-public service-providing
establishments, and other relevant provisions of law.
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POLICIES TOWARDS VOCATIONAL
INSTRUCTORS
Article 4- Policies on
professional fostering, wages and regimes applicable to vocational instructors
at special schools in areas meeting with exceptional socio-economic
difficulties
1. Vocational instructors are
entitled to policies on professional fostering and wages specified in Articles
80 and 81 of the 2005 Education Law.
2. Vocational instructors
teaching at special schools in areas meeting with exceptional socio-economic
difficulties are entitled to preferential allowances under Article 82 of the
2005 Education Law.
Article 5.- Conditions
for enjoyment of heavy, hazardous or dangerous work allowances
Vocational instructors
(including probationer and on-test instructors) may enjoy heavy, hazardous or
dangerous work allowances in the following cases:
1. Instructing practice at
practice rooms, workshops of vocational training establishments, for vocations
involving one of the following heavy, hazardous or dangerous elements:
a/ Direct contact with toxic
substances, toxic gases, toxic dusts, instructing practice in an environment
prone to infection of the prescribed contagious diseases;
b/ Instructing practice in an
environment subject to high pressure or air inadequacy or at places which are
too hot or too cold beyond the permitted standards;
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d/ Instructing practice in an
environment with radio-activity, radiation rays or electro-magnetic field
beyond the permitted standards.
2. Instructing practice at
enterprises, production, business or service establishments of vocations in the
list of heavy, hazardous or dangerous and exceptionally heavy, hazardous or
dangerous jobs, promulgated by the Ministry of Labor, War Invalids and Social
Affairs.
Article 6.- Heavy,
hazardous or dangerous work allowance level
1. Teachers instructing practice
at practice rooms or workshops of vocational training establishments, defined
in Clause 1, Article 5 of this Decree, enjoy heavy, hazardous or dangerous work
allowances at four levels: Level 1, Level 2, Level 3 and Level 4 based on the
common minimum wage level, specifically as follows:
a/ Level 1, with coefficient 0.1
applicable to instructors of practice of vocations involving one of the heavy,
hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree;
b/ Level 2, with coefficient 0.2
applicable to instructors of practice of vocations involving two of the heavy,
hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree;
c/ Level 3, with coefficient 0.3
applicable to instructors of practice of vocations involving three of the
heavy, hazardous or dangerous elements defined in Clause 1, Article 5 of this
Decree;
d/ Level 4, with coefficient 0.4
applicable to instructors of practice of vocations involving four of the heavy,
hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree.
2. Instructors of the practice
of heavy, hazardous or dangerous vocations defined in Clause 2, Article 5 of
this Decree enjoy heavy, hazardous or dangerous work allowances at the same
levels as laborers directly involved in production or business activities,
defined in the Government's Decree No. 205/2005/ND-CP of December 14, 2005,
providing for the systems of wage scales, wage tables and wage allowance
regimes in state companies.
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1. Heavy, hazardous or dangerous
work allowances are calculated using the actual number of hours of practice
instruction, paid every month on the payday and not used for calculating social
insurance premiums and benefits.
2. Instructors of practice of vocations
involving heavy, hazardous or dangerous elements, who are entitled to heavy,
hazardous or dangerous work allowances under this Decree, may also enjoy
preferential allowances prescribed in the Prime Minister's Decision No.
244/2005/QD-TTg of October 6, 2005, on the preferential allowance regime
applicable to teachers directly lecturing at public educational institutions.
3. Instructors of practice of
vocations involving heavy, hazardous or dangerous elements are entitled to
heavy, hazardous or dangerous work allowances at levels specified in Clause 1,
Article 6 of this Decree but not hazardous or dangerous work allowances at
levels prescribed in the Government's Decree No. 204/2004/ND-CP of December 14,
2004, on the wage regime applicable to officials and public servants and the
armed forces.
Chapter III
POLICIES TOWARDS INSTRUCTORS
TEACHING VOCATIONS FOR DISABLED AND HANDICAPPED PEOPLE
Article 8.- Policies of
investment in training and retraining vocational instructors for disabled and
handicapped people
1. The State shall adopt
policies of investment in material foundations and equipment to raise the
capacity of training establishments to train vocational instructors for
disabled and handicapped people.
2. The State shall invest in
formulating programs and syllabuses on training and retraining instructors in
skills and methodology of teaching vocations for disabled and handicapped
people.
Article 9.- Subjects and
conditions for enjoyment of special allowances
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a/Teachers specialized in
vocational training at vocational training establishments reserved exclusively
for disabled and handicapped people:
b/ Teachers specialized in
vocational training at vocational courses reserved exclusively for disabled and
handicapped people;
c/ Teachers specialized in
vocational training in integration vocational courses for disabled and
handicapped people.
2. Teachers participating in vocational
training for disabled and handicapped people include:
a/ Teachers participating in
vocational training at vocational training establishments or vocational
training courses reserved exclusively for disabled and handicapped people;
b/ Teachers participating in
vocational training at integration vocational courses for disabled and
handicapped people in vocational training establishments.
Article 10.- Special
allowance levels
1. Teachers specialized in
vocational training for disabled and handicapped people, defined at Points a
and b, Clause 1, Article 9 of this Decree, enjoy the allowance equal to 70% of
their respective current wage levels and the position and extra-seniority
allowances (if any).
2. Teachers participating in
vocational training for disabled and handicapped people, defined at Point a,
Clause 2, Article 9 of this Decree, enjoy the allowance equal to 70% of their
respective current wage levels and the position and extra-seniority allowances
(if any). Allowance amounts are calculated using the actual number of hours of
vocational training.
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a/ 35% of their respective
current wages and position and extra-seniority allowances (if any), applicable
to integration vocational courses with between 5% and under 10% of the trainees
being disabled or handicapped persons;
b/ 40% of their respective
current wages and position and extra-seniority allowances (if any), applicable
to integration vocational courses with between 10% and under 20% of the
trainees being disabled or handicapped persons;
c/ 45% of their respective
current wages and position and extra-seniority allowances (if any), applicable
to integration vocational courses with between 20% and under 30% of the
trainees being disabled or handicapped persons;
d/ 50% of their respective current
wages and position and extra-seniority allowances (if any), applicable to
integration vocational courses with between 30% and under 40% of the trainees
being disabled or handicapped persons;
e/ 55% of their respective
current wages and position and extra-seniority allowances (if any), applicable
to integration vocational courses with between 40% and under 50% of the
trainees being disabled or handicapped persons;
f/ 60% of their respective
current wages and position and extra-seniority allowances (if any), applicable
to integration vocational courses with between 50% and under 60% of the
trainees being disabled or handicapped persons;
g/ 65% of their respective
current wages and positions and extra-seniority allowances (if any), applicable
to integration vocational courses with between 60% and under 70% of the
trainees being disabled or handicapped persons.
4. Teachers participating in
vocational training for disabled and handicapped people, defined at Point b,
Clause 2, Article 9 of this Decree, enjoy the allowance at levels specified in
Clause 3 of this Article, calculated using the actual number of hours of
vocational training.
Article 11.- Allowance
calculation and payment
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2. For teachers participating in
vocational training at integration vocational courses for disabled and
handicapped people in vocational training establishments under Point b, Clause
2, Article 9 of this Decree, the actual number of lecturing hours eligible for
the special allowance prescribed in Clause 4, Article 10 of this Decree shall
not be counted for enjoyment of preferential allowances under the Prime
Minister's Decision No. 244/2005/QD-TTg of October 6, 2005, on the preferential
allowance regime applicable to teachers directly lecturing at public
educational institutions.
3. Instructors of practice of
vocations involving heavy, hazardous or dangerous elements for disabled and
handicapped people enjoy heavy, hazardous or dangerous work allowances defined
in Chapter II of this Decree, in addition to the special allowance under
Articles 9 and 10 and Clauses 1 and 2 of this Article.
4. The special allowance is paid
every month on the payday and not used for calculating social insurance
premiums and benefits.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 12.- Effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
Article 13.-
Implementation responsibilities
1. The Ministry of Labor, War
Invalids and Social Affairs shall assume the prime responsibility for, and
coordinate with the Ministry of Health in, guiding in detail the vocations
involving heavy, hazardous or dangerous elements defined in Clause 1, Article 5
of this Decree.
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3. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal People's Committees, and concerned agencies shall
implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung