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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No:
90-CP
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Hanoi,
December 15, 1995
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DECREE
GIVING
DETAILED STIPULATIONS AND GUIDANCE ON THE IMPLEMEN- TATION OF A NUMBER OF
ARTICLES OF THE LABOR CODE ON VOCATIONAL TRAINING
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- The
job-training establishments mentioned in this Decree are:
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2. Establishments of enterprises
to give job training or supplementary job training to laborers to meet the
demand for development of production and trade, for restructuring of production
or technology of enterprises;
3. Job-training establishments
of Job Placement Centers.
The system of regular vocational
schools and establishments for long-term and short-term job training managed by
the Ministry of Education and Training does not fall within the ambit of this
Decree.
Article 2.- The
Government encourages the enterprises, organizations and individuals qualified
under Article 4 of this Decree to open job-training and supplementary job-training
establishments for laborers, to create conditions for them to find a job and
meet social demand for labor.
Article 3.- Everybody is
free to choose an occupation and an occupational training establishment. The
minors under 13 years of age are permitted to learn only a number of
occupations defined by the Ministry of Labor, War Invalids and Social Affairs.
Chapter II
CONDITIONS FOR OPENING
JOB-TRAINING ESTABLISHMENTS
Article 4.- The following
conditions are required for opening job-training establishments according to
Item 2, Article 20, of the Labor Code:
1. Those job-training
establishments which organize courses must have the following conditions:
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b/ The occupation trainers must
have the following conditions:
- The teachers who give lectures
must have at least a certificate of a middle-level technical and professional
school and have teaching qualifications;
- Those who give practice
guidance must be skilled workers of at least two grades higher than the grade
set for the trainees, must be skillful in practicing the occupation, or must be
artisans, specialists, or practicing engineers;
c/ Having a curriculum and
textbooks conforming to the standard curriculum and textbooks defined by the
Ministry of Education and Training, and the aim of training.
2. Those job-training
establishments which collect fees for training at workshop or at home must have
the following conditions:
a/ A location and equipment for
practicing the occupation they teach, and ensuring the conditions on labor
safety and labor hygiene;
b/ Skilled trainers who give
guidance for practice;
c/ Having enough tools and raw
materials for the trainees to do practice.
Article 5.- The
job-training establishments must register the contents of their activities with
the Labor, War Invalids and Social Affairs Service as stipulated by the
Ministry of Labor, War Invalids and Social Affairs, and have a license granted
by this agency, except the following cases:
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2. The enterprise which opens an
establishment to give job training or supplementary job training, or to
re-train its workers to do other jobs in the enterprise; or to give job
training to new recruits to work at the enterprise.
Chapter III
THE TASKS AND POWERS OF
JOB-TRAINING ESTABLISHMENTS
Article 6.- With regard
to those job-training establishments which have a legal person status, the
directors must be responsible before the law for all activities of the
establishments.
The director of a job-training
establishment which has a legal person status or the director of an enterprise
which has a job-training establishment is entitled to issue certificates of
skills to those who have attended a course of study in compliance with the
statute for issuance of certificates and with the form of certificate
stipulated by the Ministry of Education and Training.
Article 7.- All
job-training establishments must operate in accordance with the contents they
have registered. In case an establishment wants to alter or supplement the
contents of its activities, it must register the supplementation with the
agency which has issued the license, or report it to the Labor, War Invalids
and Social Affairs section and the People's Committee at the ward or commune
where it is located, if it has fewer than 10 trainees doing practice. When a
job-training establishment stops its activities, it must report and return its
license to the agency which has issued the license.
Article 8.-
1. A job-training establishment
may organize job training in one or many forms: organizing theoretical study
and practice in classroom; giving training at the workshop or at home with
emphasis on practice, learning while working; transferring technology;
disseminating new scientific and technological knowledge and advanced production
experiences.
Those forms and contents of job
training shall be carried out under a contract signed between the trainees and
their units and the job-training establishment.
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Article 9.- In the
process of carrying out a job-training contract, a job-training establishment
and the trainees must strictly comply with the stipulations on labor safety and
labor hygiene of the Labor Code and Decree No.06-CP of January 20, 1995 of the
Government giving detailed stipulations on a number of articles of the Labor
Code on labor safety and labor hygiene.
Article 10.-
1. A job-training establishment
which enrolls disabled people, people of ethnic minorities, and culprits of
social vices, or the job-training establishments in places with a high rate of
unemployment or partial unemployment, and the traditional job-training
establishments shall be considered for tax reduction.
2. Those job-training
establishments reserved exclusively for disabled people, helpless orphans,
people of ethnic minorities, culprits of social vices, which provide job
training at the workshop or at home shall be exempted from tax.
The Ministry of Finance shall
give concrete stipulations on the reduction and exemption of taxes.
Article 11.- The
enterprises can use their reserve fund for severance allowances to provide job
training, supplementary job training and re-training to those laborers who must
be transferred to other occupations due to the restructuring of production or
technology; and to provide training on secondary jobs to female workers free of
charge.
Article 12.- The
job-training establishments can collect fees as agreed to in the contract from
the trainees or their units. Those trainees who are Heroes of the armed forces,
Heroes of labor, war invalids, and people under preferential treatment policies
like war invalids, children of fallen soldiers, children of war invalids,
children of sick soldiers, and children of people beneficiaries of entitlement
policies like war invalids are entitled to exemption or reduction of fees as
stipulated in Decree No.28-CP of April 29, 1995 of the Government. Disabled
trainees are entitled to exemption or reduction of fees as stipulated in Decree
No.81-CP of November 23, 1995 of the Government.
Article 13.- Those
job-training establishments which enroll disabled people for training can apply
for low-interest loans from the job generation fund for disabled people of the
provinces and cities directly under the Central Government when there is a job
training project.
Those job-training
establishments reserved exclusively for disabled people, helpless orphans, and
people of ethnic minorities shall get investment from the Government for
building schools and classrooms; buying teaching equipment and means; and
training the teaching staff, and can apply for low-interest loans.
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Article 15.- The
job-training establishments of the Job Placement Centers can outline a project
and request the agency in charge of the national fund for job generation to
grant them a loan or partial funding.
Chapter IV
JOB-TRAINING CONTRACTS
Article 16.- The
job-training establishments must sign a job-training contract with the trainees
and their units which is done in duplicate with each side keeping a copy of it.
If the time for job training is less than 15 days, a verbal arrangement may be
made.
Article 17.-
1. A job-training contract made
at job-training establishments must write clearly:
a/ Name of the target
occupation;
b/ Aim of the training: The
occupational level that must be obtained; the work that can be done; the
products that can be produced after the training;
c/ The time for theoretical
study and practice;
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e/ The place for study and
practice;
f/ The rate of fees that must be
paid; the percentage of fees that is exempted or reduced (if any), the mode of
paying the fees;
g/ Whether the job-training
establishment is responsible for finding job for the trainees or the latter
have to find it by themselves.
h/ The settlement of the
training fees when the training contract is infringed on is defined in Article
18 and Article 19 of this Decree.
2. When an enterprise enrolls
new recruits for training and later working for it, the trainees do not have to
pay the training fees. In this case, the training contract does not include
Points (e) and (g) in Item 1 of this Article, but it must include the
following:
a/ The time the trainees must
work for the enterprise after the training;
b/ The rate of payment paid to
the trainees when they directly make or take part in making products for the
enterprise during the time of training. The rate of payment shall be fixed on
the basis of profit and mutually agreed upon by both sides.
3. With regard to a training
contract at the job-training establishments for training at the workshop or at
home, apart from the stipulations in Item 1 of this Article, it must write
clearly the time when the trainees begin to be paid and the rate of payment for
them in each period of time. The rate of payment shall be fixed on the basis of
profit and mutually agreed upon by both sides.
Article 18.-
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2. If the job-training
establishment unilaterally terminates the contract before the expiry date, it
must report the reason to the State management agency in charge of job
training. If this agency affirms that it is a case of force majeure, the
job-training establishment shall not have to return to the trainees the fees it
has collected. For other reasons, the job-training establishment must return to
the trainees all the fees it has collected.
Article 19.- In case the
enterprise enrolls new recruits for training and later working for it:
1. If a trainee deliberately
drops out of the course before finishing it, or refuses to work after finishing
the course, or works for a shorter period than he/she is committed to, he/she
must compensate the enterprise for the cost of training. This cost of training
includes spendings for the teachers, textbooks, classrooms, machines and
equipment, and raw materials for doing practice. The rate of compensation shall
be fixed by the enterprise, agreed upon in advance and clearly written in the
training contract.
2. In case the enterprise does
not sign a labor contract with the trainee, the latter shall not have to
compensate it for the cost of training, and can sign a labor contract with
others;
3. If during the process of
carrying out her training contract with the enterprise, a female trainee is
pregnant, and if she gets a doctor's certification that implementing the
training contract would badly affect her pregnancy, she can terminate her
contract without having to compensate the enterprise for the cost of training.
Chapter V
IMPLEMENTATION PROVISIONS
Article 20.- The Ministry
of Labor, War Invalids and Social Affairs shall have to work with other
Ministries, branches and localities in planning a system of job-training
establishments according to this Decree and to the provisions of the Labor
Code.
Article 21.- This Decree
takes effect from the date of its signing. All stipulations made earlier for
job-training establishments which are contrary to the Labor Code and to this
Decree are now annulled.
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ON
BEHALF OF THE GOVERNMENT,
FOR THE PRIME MINISTER,
DEPUTY PRIME MINISTER,
Phan Van Khai