Luật Giáo dục nghề nghiệp 2014 số 74/2014/QH13

THE NATIONAL
ASSEMBLY
——–

SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————-

Law No.
74/2014/QH13

Hanoi, November
27, 2014

 

LAW

ON
VOCATIONAL EDUCATION

Pursuant to the Constitution of the Socialist
Republic of Vietnam;

The National Assembly issues a Law on vocational
education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law promulgates the system of vocational
education; organization and operation of the vocational education institutions;
rights and obligations of organizations and individuals involved in the
vocational education.

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This Law shall apply to vocational training
centers, vocational secondary schools, colleges; enterprises and agencies,
organizations, and individuals involved in the vocational education in Vietnam.

Article 3. Interpretation of
terms

For the purposes of this Law, these terms below
shall be construed as follow:

1. Vocational education means a level of
national education system which provides workers with elementary-level,
intermediate-level, college-level vocational training and other vocational
training programs in order to meet the needs of direct human resources in
production, businesses and services, including: formal training and continuing
training.

2. Vocational training means teaching and
learning activities in order to equip trainers with necessary vocational
knowledge, skills and attitudes so that they can find jobs or self-employ after
completing their training courses or improve their vocational training levels.

3. Module means study units integrated
comprehensively between vocational knowledge, practicing skills and attitudes
in that they need to perform a task or some tasks of a particular job.

4. Credit means a unit that gives weight to
the knowledge, skill, and result requirements taken in a certain time.

5. Formal training means a form of training
which vocational education institutions and higher education institutions, or
enterprises registering vocational education operation (hereinafter referred to
as vocational education institutions) provide full-time courses in
elementary-level, intermediate-level, and college-level vocational training.

6. Continuing training means a form of
in-service training, correspondence training, or guided self study training
regarding vocational training programs at elementary level, intermediate level,
or college-level or vocational training programs and other vocational training
programs, which is in a flexible manner in terms of programs, duration,
methods, location to meet students’ needs.

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8. Enterprise means an enterprise
established and operating under Law on enterprises, or a cooperative
established and operating under the Law on Cooperatives or another economic
organization having legal status according to the Civil Code.

Article 4. Objectives of
vocational education

1. General objectives of vocational education are:
provide training for personnel directly involved in production, businesses or
services, who acquire proficiency equivalent to their training standards,
possess professional ethics and good health, gain creative ability, adapt to
the environment in the context of international integration; improve their
productivity and quality; and enable students to find jobs, self employ or enter
higher education.

2. Specific objectives pertaining to every level of
vocational education:

a) Elementary level: equip students for abilities
to perform simple tasks of a particular job;

b) Intermediate level: equip students for abilities
to perform elementary-level tasks and some complicated and special tasks; apply
technology to their jobs, work independently or work in groups;

c) College level: equip students for abilities to
perform intermediate-level tasks and some complicated and special tasks; acquire
abilities to create and apply modern technology to their jobs, instruct and
observe other members in their groups in performing the tasks.

Article 5. Vocational education
institutions

1. Vocational education institutions include:

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b) Vocational training schools;

c) Colleges.

2. Vocational education institutions shall be
organized under following types:

a) Public vocational education institution is a
State-owned vocational education institution, whose facilities invested and
constructed by the State;

b) Private vocational education institution is a
vocational education institution under ownership of a social organization, a
socio-professional organization, a private economic organization or individual,
or a vocational education institution invested and constructed by a social
organization, a socio-professional organization, a private economic
organization, or an individual;

c) Foreign-invested vocational education
institution includes wholly foreign-invested vocational education institution;
joint-venture vocational education institution between domestic investors and
foreign investors.

Article 6. Policies of the
State on vocational education development

1. Development of open, flexible, diversified
system of vocational education which in the way of standardization,
modernization, democratization, socialization and international integration,
connectivity between levels of vocational education and between other training
levels.

2. Investment in vocational education shall be
given priority in the policies on socio-economic development and human resource
development. The budget for vocational education shall be given priority in the
total government budget expenditures on education and training and it shall be
allocated according to public, transparent, and promptly rules.

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4. The State adopts policies on classifying lower
secondary school and upper secondary school graduates into vocational education
institutions in conformity with every period of socio-economic development.

5. Synchronously invest in training human resource
in national major disciplines, or disciplines accessing to the advanced levels
of the region and the world; attach special importance to vocational education
in severely disadvantaged areas, ethnic minority areas, border, island, and
coastal areas; invest in training in vocations required by the labor market but
that they are difficult to invest in private sector involvement.

6. The State shall invite tenders or place orders
for the training pertaining to specific disciplines; disciplines of key
industries; disciplines required by the labor market but they are difficult to
invest in private sector involvement. The vocational education institutions are
invited tenders or placed orders for training regardless of types of
institutions as prescribed in this Clause.

7. Support entities with meritorious services to
the Resolution, demobilized soldiers, ethnics, poverty or near poverty
families, the disabled, supportless orphans, fisherman catching fishes
offshore, rural-area workers directly working in agricultural production
households whose farmland is withdrawn and other beneficiaries of incentive
policies on education in order for they to find jobs, self-employ, or set
themselves up in business; and establish gender equality in vocational
education.

8. The State enables vocational education
institutions to study and apply science and technology; combine training with
scientific research and production, businesses, or services in order to improve
training quality.

Article 7. Private sector
involvement in vocational education

1. Diversify types of vocational education
institutions, forms of vocational training; encourage and enable enterprises,
socio-political organizations, social organizations, socio-professional
organizations, other organizations, Vietnamese citizens, and foreign entities,
overseas Vietnamese to establish vocational education institutions and
participate in the vocational training operation.

2. Give incentive policies on socializing to any
organization or individual contributing or investing in establishment of
vocational education institutions as prescribed in regulations of the
Government. Give incentive policies on land, taxation, credit, training of
educators and administrative officials, renting of facilities to vocational
education institutions and non-profit foreign-invested vocational education
institutions.

3. Encourage craftsmen and skilled workers in
vocational training; encourage and support in training in traditional vocations
and vocations in rural areas.

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5. Vietnam Chamber of Commerce and Industry,
enterprise associations, socio-professional organizations must formulate and
assess the vocational training programs; propagate and enable enterprises to
exercise their rights and fulfill their responsibility in vocational education.

Article 8. Planning for
networks of vocational education institutions

1. The planning for networks of vocational
education institutions shall be made according to following rules:

a) Conform to the strategies, planning for
socio-economic development, and/or planning for human resource development of
the country, fields, or local government, as well as investment capacity of the
State, resource mobilization capacity of the social.

b) Ensure the structure of disciplines, training
standards and structure of regions; the diversity and the synchronization of
the vocational education system, combination of training and production,
businesses and services; improvement of training quality, and meet the
requirements pertaining to national industrialization, modernization and
international integration.

2. Planning for networks of vocational education
institutions:

a) Structure of networks of vocational education
institutions and training scope according to disciplines, training standards,
and types of vocational education institutions;

b) Dispose vocational education institutions in
every area or local government.

c) Develop teaching staff and administrative
officials of vocational education;

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3. The planning for networks of vocational
education institutions shall be made according to the following rules:

a) Vocational education authorities in the central
government shall take charge and cooperate with relevant Ministries or
agencies, the People’s Committee of central-affiliated cities and provinces
(hereinafter referred to as provinces) in formulation of the planning for
networks of Vietnamese vocational education institutions which is approved by
the Prime Minister, and inspection of the implementation of the planning;

b) The Ministries, agencies, People’s Committee of
the provinces shall formulate and approve the planning for networks of
vocational education institution of their Ministries, departments, or provinces
and take responsibility for the implementation according to the planning for
networks of Vietnamese vocational education institutions.

Article 9. Bridge programs

1. Bridge programs shall be run according to
training programs; the learners are not required to learn the completed subjects
again when they reach the higher level in the same or different disciplines.

2. The Principals of the vocational training
schools or colleges shall decide the modules, credits, or subjects that the
students are not required learning again according to the training programs.

3. Bridge programs between levels of the vocational
education shall comply with regulations of the Heads of vocational education
authorities of central government; Bridge programs between levels of the
vocational education and levels of higher education shall comply with
regulations of the Prime Minister.

Chapter II

VOCATIONAL EDUCATION
INSTITUTIONS

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Article 10. Organizational
structure of vocational education institutions

1. Organizational structure of a public or private
vocational training school or college includes:

a) School councils of public vocational training
schools, or colleges; Board of Directors of private vocational training schools
or colleges;

b) Principals, Vice Principals;

c) Administrative departments;

d) Faculties, or subjects;

dd) Advisory boards;

e) School branch; organizations for scientific and
technology research; organizations for training services, scientific research
and application development; internal business facilities (if any).

2. Organizational structure of a public or private
vocational training center includes:

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b) Administrative departments;

c) Subjects;

d) Advisory boards;

dd) Organizations for training services; internal
business facilities (if any).

3. The foreign-invested vocational education
institutions shall be given autonomy in organizational structure.

Article 11. School councils

1. The School council shall be established in a
public vocational training school or college.

2. The School council is an administrative
organization representing the ownership of the school, which has following
tasks and entitlement:

a) Decide guidelines, objectives, strategies,
planning, development plans and Regulation on the organization and operation of
the school;

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c) Decide policies on use of finance, assets and
guidelines on development investment as prescribed;

d) Decide the organizational structure of the
school; the establishment, acquisition, division, dissolution of the
organizations of the school; and requests for dismissing the Principal from his
position;

dd) Observe the implementation of Resolutions of
the School council, the implementation of democratic regulations in the school.

3. Members of the School council:

a) The Principal, Vice Principals, Secretaries of
party committees, President of Trade Union, Secretaries of Communist Youth
Union of Ho Chi Minh City, representatives of educators and departments,
faculties, or internal business facilities of the school (if any);

b) Representatives of the senior authority or
representatives of the relevant internal business facilities.

4. The President of the School council is appointed
or dismissed by the Head of the competent agency. Requirements applied to the
President of the School council are similar to the requirements applied to the
Principal as prescribed in Clause 2 Article 14 of this Law.

5. Tenure of the School council is 05 years and
according to the tenure of the Principal. The School council operates on the
principle of collectives, under the majority rule.

6. Competence, procedures for establishment,
number, organizational structure, specific tasks and power of the School
council; tasks and entitlement of the President, or Secretary of the School
council; the appointment, discharge, or dismissal of the President or members
of the School council shall comply with the Regulations of the vocational
training schools, Regulations of the colleges and Regulation on the
organization and operation of vocational education institutions.

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1. The Board of Directors shall be set up in the
private vocational training schools or colleges.

2. The Board of Directors which is the only
representative of owners of the school shall have the following tasks and
entitlement:

a) Implement Resolutions of the General meeting of
shareholders;

b) Decide guidelines, objectives, strategies,
planning, or plans for development and regulations on organization and
operation of the school;

c) Decide the organizational structure of the
school; the establishment, acquisition, division, or dissolution of the
organizations of the school; the appointment, discharge, or dismissal of the
Principal and request for recognition or non-recognition of the Principal from
the competent authorities;

d) Decide the guidelines on training activities and
international cooperation;

dd) Decide the organization, personnel, finance,
assets and guidelines on investment and development of the school;

e) Observe the implementation of the Resolutions of
the Board of Directors, the General meeting of shareholders, and the
implementation of the democratic regulations of the school.

3. Members of the Board of Directors shall consist
of:

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b) The Principal, representatives of vocational
education authorities of local government where the vocational education
institution is located or representatives of the relevant internal business
facilities;

c) Representatives of the Communist Parties,
Unions; representatives of educators.

4. The President of the Board of Directors elected by
the Board of Directors under the majority rule and ballot.

The President of the Board of Directors is the
owner of school’s account and takes legal responsibility for the management of
finance and assets of the school. The President of the Board of Directors may
authorize the Principal to be the representative of the account, and exercise
rights and fulfill obligations similarly to the account owner within his
authorized scope.

5. The tenure of the Board of Directors is 5 years.
The Board of Directors shall operate on the principle of collectives and under
the majority rule.

6. The procedures for establishment, members, tasks
and entitlement of the Board of Directors; requirements, tasks and entitlement
of the President and Secretary of the Board of Directors as regulated in the
Regulations of the vocational training schools, colleges and Regulations on
organization and operation of vocational education institutions.

Article 13. Directors of
vocational education centers

1. The Director of a vocational education center is
the leader of the center, the representative of the center who takes legal
responsibility and manages operation of the vocational education center.

Tenure of the Director of the vocational education
center is 05 years.

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a) Have moral virtue;

b) Have at least a college degree;

c) Have completed refresher courses in vocational
education management;

d) Attain fitness.

3. The Director of the vocational education center
shall have following tasks and entitlement:

a) Issue regulations of the vocational education
centers;

b) Decide the establishment, acquisition, division,
or dissolution of the organizations of the vocational education centers; the
appointment, discharge and dismissal of people occupying leader or vice leader
positions in the organizations of the center;

c) Formulate the planning and develop teaching
staff and administrative officials; decide the structure, number of employees
and efficiency wages; employ officials and workers according to the needs of
the vocational education center; conclude employment contract, labor contract,
manage and use officials, workers and terminate the contract as prescribed;

d) Provide training activities, international
cooperation, assess vocational education quality and cooperate with enterprises
in the vocational training institution; offer career counseling to high school
students;

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e) Follow the information and report regime and
inspection or observation as prescribed;

g) Formulate and implement the democratic
regulations in the institution; subject to the observation of the individual,
organization, or unions in the vocational education centers;

h) Send a report on result of tasks and entitlement
to the senior agency every year;

i) Other tasks and entitlement as prescribed.

4. Competence in appointment, recognition,
discharge or dismissal of the Director of the vocational education center:

a) The competent persons deciding the establishment
of the public vocational education center may appoint, discharge, or dismiss
the Directors of the public vocational education centers affiliated to that
center;

b) The President of the People’s Committee of the
province may recognize or not recognize the Directors of the private vocational
education centers in the administrative divisions at the request of the capital
contributing members of the centers or the organizations or individuals which
are the owner of private vocational education centers.

5. Procedures for the appointment, recognition,
discharge or dismissal of the Director of vocational education center shall
comply with the Regulations of vocational education centers.

Article 14. Principals of
vocational training schools or colleges

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The Principal of a public vocational training
school or college shall be the owner of the school’s account, take legal
responsibility for the management of finance and assets of the school.

2. The Principal of the vocational training school
or college must:

a) Have moral virtue, have at least 5-year
experience of teaching or management of vocational education;

b) Have at least a Bachelor’s degree regarding the
Principal of the vocational training school; have at least a Master’s degree
regarding the Principal of the college;

c) Have completed refresher courses in vocational
education management;

d) Attain fitness; ensure the age to participate in
at least one tenure of the Principal regarding the appointment of the Principal
of the public vocational training schools or colleges.

3. The Principal of the vocational training school
or college must:

a) Issue the regulations of the vocational training
schools or colleges according to the Resolutions of the School council or the
Board of Directors;

b) Implement Resolutions of the School council or
the Board of Directors;

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d) Formulate the planning and develop teaching
staff, administrative officials; decide the structure, number of employees and
efficiency wages; employ officials and workers according to the demand of the
vocational education center; conclude employment contract, labor contract,
manage and use officials, workers and terminate the contract as prescribed;

dd) Provide training activities, international cooperation,
assess vocational education quality and cooperate with enterprises in the
organization of vocational training;

e) Manage the facilities, assets, and finance and
use mobilized resource effectively to serve the operation of the vocational
education centers as prescribed;

g) Report and subject to the inspection or
observation as prescribed;

h) Formulate and implement the democratic in the
institution; subject to the observation of the individuals, organizations or
unions in the school;

i) Send a report on result of performance of the
Principal and the School managing board to the School council or the Board of
Directors every year;

k) Other tasks and entitlement as prescribed.

4. Competence in appointment, recognition,
discharge or dismissal of the Director of the vocational education schools or
colleges:

a) Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, Presidents of People’s Committees of provinces,
leaders of socio-political organizations may appoint, discharge or dismiss the
Principal of the public affiliated vocational training schools or colleges;

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c) The Heads of vocational education authorities in
the central government may recognize or not recognize the Principals of private
colleges at the request of the Board of Directors.

5. Procedures for appointment, recognition,
discharge or dismissal of the Principals of vocational training schools or
colleges shall comply with the Regulations of the vocational training schools
or Regulations of the colleges.

Article 15. Advisory board

1. The Advisory board in the vocational education
institution shall be set up by the Head of the vocational education institution
in order to offer advice to the Head of the vocational education institution on
the implementation of his tasks and entitlement.

2. The organization, operation, tasks and
entitlement of the Advisory board shall be regulated by the Head of the
vocational education institution.

Article 16. Branches of the
vocational training schools or colleges

1. A branch of a vocational training school or a
vocational college shall be in the organizational structure and subject to the
management of the Principal of the vocational training school or the vocational
college. The branch of a vocational training school or a vocational college
does not have independent legal status, is located in the central-affiliated
city or province other than the province where the head office of the
vocational training school or the vocational college is located, and subject to
the State management as prescribed.

2. The branch of the vocational training school or
the vocational college shall perform the tasks according to the management of
the Principal of the vocational training school or the vocational college, send
a report on operation of the branch to the Head of the vocational training
school or the vocational college, or to the competent authority where the
branch is located.

3. Requirements pertaining to the establishment or
permission for the establishment; competence and procedures for the
establishment or permission for the establishment, registration of vocational
education operation relating to the branch of the vocational training school or
the vocational college shall comply with Article 18 and Article 19 of this Law.

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. Organizations of the Communist Party of Vietnam,
unions, and social organizations in the vocational education institutions
established and operated under the Regulations of their organizations and
Constitution and law.

2. The vocational education institution must enable
the organizations of the Communist Party, unions and social organizations to be
established and operated under regulations of Clause 1 of this Article.

Article 18. Establishment,
acquisition, division or permission for establishment, acquisition, division of
vocational education institutions

1. The vocational education institution is
established or permitted for establishment if there is a project satisfying
requirements as prescribed in regulations of the Prime Minister on vocational
education authorities in the central government and it comply with the approved
planning for networks of vocational education institutions.

2. The foreign-invested vocational education
institution must satisfy requirements as prescribed in Clause 1 of this Article
and other requirements as prescribed in law on investment.

3. The vocational education institution for the
disabled must satisfy the requirements as prescribed in Clause 1, Clause 2 of
this Article and the following requirements:

a) There are training facilities, equipment,
learning materials, method and duration of training compliant with the
disabled. The buildings serving the study of the disabled must satisfy technical
regulations and standards as prescribed in law on construction;

b) There are teaching staff having qualification
and teaching skills for the disabled.

4. The acquisition, division or separation of
vocational education institutions must:

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(028) 3930 3279

DĐ:

0906 22 99 66

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b) Ensure the interests of the educators, civil
servants, workers and students; and improve the quality and effect of vocational
education.

5. The Heads of vocational education authorities in
the central government shall impose specific regulations on requirements
pertaining to the establishment, acquisition, division or permission for the
establishment, acquisition, or division of the vocational education
institutions.

6. Competence in establishment, acquisition, or
division or permission for establishment, acquisition, or division of
vocational education institutions:

a) The President of People’s Committee of province
shall decide the establishment of vocational education centers, public
vocational training schools of central-affiliated cities and provinces; permit
the establishment of private vocational education centers or vocational
training schools and foreign-invested vocational education centers or
vocational training schools in the administrative divisions;

b) Ministers, Heads of ministerial-level agencies,
Heads of socio-political organizations in the central governments shall decide
the establishment of vocational education centers, or public vocational
training schools affiliated to their authorities or organizations.

c) The Heads of vocational education authorities in
the central government shall decide the establishment of public colleges;
permit the establishment of private colleges or foreign-invested colleges;

d) The competent persons establishing or permitting
the establishment of vocational education institutions may make acquisition or
division or permit the acquisition or division of the institutions.

7. Procedures for the establishment, acquisition,
or division, or permission for establishment, acquisition, or division of
public or private vocational education centers, vocational training schools, or
colleges shall comply with regulation of the Heads of vocational education
authorities.

Article 19. Registration of
vocational education

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(028) 3930 3279

DĐ:

0906 22 99 66

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a) There is a decision on establishment or a
permission for establishment;

b) There is land, facilities, or equipment meeting
requirements pertaining to training activities according to the commitment;

c) There are sufficient training programs, teaching
and learning materials as prescribed;

d) There are teaching staff and administrative
officials of vocational education who have equalizations and sufficient
quantity, uniform structure;

dd) There is necessary finance resource as
prescribed to ensure the maintenance and development of the vocational
education;

e) There are regulations on organization and
operation.

2. The vocational education institution may only
enroll students or provide training when it is granted the Certificate in
vocational education registration.

3. The vocational education institution wishing
change the information in the Certificate in vocational education registration
shall apply for additional registration to the competent authority.

4. The Heads of vocational education authorities in
the central government shall provide regulations on requirements, competence
and procedures for issuance, revocation of the Certificate of vocational
education registration or the Certificate of additional registration of
vocational education.

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. A vocational education institution shall be
suspended its vocational education operation in the following cases:

a) Commit fraud acts in order to be established or
permitted for establishment or receive the Certificate in vocational education
registration;

b) Do not satisfy one of requirements as prescribed
in Clause 1 Article 19 of this Law;

c) Organize vocational education activities when it
is not granted the Certificate in vocational education registration;

d) Commit violations against law on vocational
education and face administrative penalty on suspension of activities;

dd) Other cases as prescribed.

2. The Decision on suspension of vocational
education activities must contain reasons for the suspension, deadline for
suspension, measures ensuring lawful interests of the educators, civil
servants, workers and students. The decision on suspension of vocational
education shall be announced on the means of mass media.

3. The competent persons granting the Certificate
in vocational education registration may suspend the vocational education
activities. The Heads of vocational education authorities in the central
government shall regulate the procedures for suspension of vocational education
activities.

4. After the deadline for suspension of vocational
education activities expires, if the problems for suspension are solved, the
competent person in charge of suspension decision may make another decision on
resuming the vocational education activities.

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. A vocational education institutions shall be
dissolved in the following cases:

a) Commit violations against law causing serious
consequences;

b) The deadline for suspension of training
activities expires but the problems for the suspension have not solved;

c) The vocational college is not granted the
Certificate in vocational education registration after 36 months and the
vocational training school is not granted the Certificate in vocational
education registration after 24 months, from the date on which the decision on
establishment or the permission for establishment takes effect;

d) The vocational education institution has not
operated after 24 months, from the date on which it is granted the Certificate
of vocational education registration.

2. The vocational education institution shall be
permitted for dissolution at the request of the organizations or individuals
establishing that vocational education institution.

3. The Decision on suspension of vocational
education activities must contain reasons for the dissolution, measures
ensuring lawful interests of the educators, civil servants, workers and
students. The decision on dissolution of vocational education institutions must
be announced on the means of mass media.

4. The competent persons establishing or permitting
the establishment of vocational education institutions may dissolve or permit
the dissolution of vocational education institutions. The Heads of vocational
education authorities in the central government shall regulate the procedures
for dissolution or permission for dissolution of vocational education
institutions.

Article 22. Regulations of
vocational education institutions

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. Regulation of a vocational education institution
shall contain:

a) Objectives and mission;

b) Tasks and entitlement of the vocational
education institution;

c) Training activities;

d) Tasks and entitlement of educators or
administrative officials;

dd) Tasks and entitlement of learners;

e) Organization and management of the vocational
education institution;

g) Finance and assets;

h) Relationship between the vocational education
institution, enterprises, families and social.

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(028) 3930 3279

DĐ:

0906 22 99 66

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Article 23. Tasks and
entitlement of public or private vocational education institutions;

1. Formulate strategies and planning for vocational
education institution development.

2. Provision of vocational training:

a) The vocational education center shall provide
elementary-level vocational training, general vocational training and career
counseling for students according to compulsory education programs;

b) The vocational training schools shall provide
intermediate-level and elementary-level vocational training;

c) The vocational college shall provide
college-level, intermediate-level and elementary-level vocational training.

3. Provide continuous training as prescribed in the
Section 2 Chapter III of this Law.

4. Enjoy autonomy and take responsibility for
enrollment and management of students.

5. Announce the objectives, training programs;
requirements for teaching and learning quality assurance; tuition fees and
exemption and reduction in tuition fees; results of training quality
assessment; system of degrees and certificates in the vocational education
institutions; jobs after graduation and measures for inspection and observation
of the training quality.

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(028) 3930 3279

DĐ:

0906 22 99 66

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7. Use foreign training programs which are
recognized the quality by the foreign or international education and training
organization to perform training objectives as prescribed.

8. Associate domestic training activities;
associate training activities with foreign organizations as prescribed in this
Law and relevant regulations of law.

9. Mobilize, manage, and use resources as
prescribed.

10. Construct and invest in training facilities,
equipment as required by standardization and modernization.

11. Employ and manage educators, administrative
officials, civil servants, workers; enable for the educators to participate in
production practice at the enterprises to update and improve the vocational
skills; enable for the educators, civil servants, workers and students to
participate in social activities.

12. Assess and guarantee the training quality as
prescribed.

13. Give advice on training and jobs to the
students without charges.

14. Qualify for enterprise establishment, or for
scientific activities, production, business, or services as prescribed.

15. Introduce the subjects about language, custom,
and relevant regulations of law of the country where the workers work and
relevant regulations of Vietnamese law into the curriculum when sending
domestic workers overseas.

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(028) 3930 3279

DĐ:

0906 22 99 66

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17. Conform to the democratic regulations in the
vocational education institution.

18. Provide a mechanism in order for the students,
educators and social to evaluate the vocational training quality.

19. Report and subject to the observation and inspection
as prescribed.

20. Other tasks and entitlement as prescribed.

Article 24. Tasks and
entitlement of foreign-invested vocational education institutions

1. Qualify for protection of lawful rights and
interests as prescribed in Vietnamese law and the international agreements to
which the Socialist Republic of Vietnam is a signatory.

2. Ensure the lawful rights and interests of the
educators, students and other workers even if the vocational education
institution is suspended, dissolved or subject to suspend or dissolve ahead of
schedule.

3. Respect Vietnamese law and custom.

4. Other tasks and entitlement as prescribed in
Article 23 of this Law.

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. The vocational education institution has
autonomy in its organization and personnel, finance and assets, training and
technology, international cooperation, training quality assurance as
prescribed; ensures accountability to the competent authorities, students and
the social for the organization and management of its training activities and
quality.

2. The public vocational education institution
which ensures its total regular investment expenditures shall have autonomy and
take responsibility as prescribed in regulations of the Government.

3. The vocational education institution which is
incapable of self-responsibility or violates against the law in the process of
enjoying the autonomy, it shall be restricted autonomy and subject to
regulations of law.

Section 2: POLICIES ON
VOCATIONAL EDUCATION INSTITUTIONS

Article 26: Policies on
vocational education institutions

1. The vocational education institution shall
benefit from the following policies:

a) Acquire land through land allocation or lease by
the State; receive incentives for credit to invest in facilities and improve
the training quality; tax incentives in accordance with regulations of law on
taxation; tax exemption from the undivided income in the vocational education
to invest in development; tax exemption and reduction as prescribed in
regulations on profits earned from products or services of the training
activities; tax incentives applied to the production, business or services
conformable with the training activities, publishing of teaching materials,
production and provision of training equipment, import of books, newspaper,
materials and training equipment;

b) Participate in tender, receive the training
order of the State as prescribed in law on tender, orders for public services
using government budget.

c) Apply for capital incentives from domestic and
foreign programs or projects;

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(028) 3930 3279

DĐ:

0906 22 99 66

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dd) Support the investment to ensure the
requirements in order to accept upper-secondary ethnic boarding school
graduates to apprentice;

e) Support development in training of disciplines
meeting study demands of the workers working abroad;

g) Incentive policies on private sector involvement
as prescribed.

2. People’s Committees at all levels shall enable
vocational education institutions in the administrative divisions to undertake
training activities, propagate the progress of science, technology and
technology transfers.

Article 27: Policies on
vocational education institutions reserved for the disabled

1. The State encourages vocational education
institutions in enrollment of the disabled; encourages organizations or
individuals in establishment of vocational education institutions reserved for
the disabled.

2. The vocational education institutions reserved
for the disabled shall benefit from the policies as prescribed in Article 26 of
this Law and receive finance support to invest in training facilities and
equipment; acquire land through land allocation or lease to construct buildings
which is located in the place convenient to the disabled.

Section 3: FINANCE AND ASSETS OF
VOCATIONAL EDUCATION INSTITUTIONS

Article 28: Finance resources
of vocational education institutions

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. Investment of domestic and foreign organizations
and individuals.

3. Tuition fees and enrollment charges.

4. Receipts from cooperation in training, science
and technology, production, businesses and services.

5. Sponsorship, aid, gift from domestic and foreign
organizations and individuals as prescribed.

6. Other receipts as prescribed.

Article 29. Tuition fees and
enrollment charges.

1. The tuition fee or enrollment charge is an
amount of money which is paid to the vocational education institution by the
student for cost of training and enrollment.

2. The training cost includes expenditures on
payment to instructors, learning materials, practicing or probation materials;
depreciation of training facilities, equipment and other necessary costs.

3. The public vocational education institution
having autonomy and subject to total responsibility may intentionally decide
the tuition fees or enrollment charges as prescribed in regulations on total
autonomous public educational institutions.

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(028) 3930 3279

DĐ:

0906 22 99 66

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4. The private vocational education institutions or
foreign vocational education institutions may intentionally decide the tuition
fees or enrollment charges.

5. The tuition fees or enrollment charges must be
announced in the same time with the enrollment notification.

6. The vocational education institution providing
high quality training programs may collect tuition fees equivalent to the
training quality.

The Heads of vocational education authorities in
the central government shall regulate the criteria for determination of high
quality training programs; take responsibility for management and observation
of collection of tuition fees equivalent to the training quality.

Article 30. Training facilities
and equipment

The vocational education institution must ensure
the training equipment is provided according to the List of minimum training
equipment and facilities as prescribed in regulations of the Head of the
vocational education authority in the central government.

Article 31. Management and use
of finance and assets of vocational education institutions

1. The vocational education institution shall
follow finance, accounting, auditing, taxation regime and financial disclosure
as prescribed.

2. The vocational education institution using
government budget must manage and use the government budget resources as
prescribed in law on government budget.

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(028) 3930 3279

DĐ:

0906 22 99 66

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3. The vocational education institution manages and
uses the assets from government budget as prescribed in law on management and
use of state-owned property; enjoy autonomy and take responsibility for
management and use of the assets from the government budget.

4. The assets and land allocated to the private
vocational education institution by the State under form of sponsorship, aid,
or gift must be used for proper purposes and they are not changed into private
ownership regardless of forms.

5. The vocational education authorities in the
central government, Ministries, ministerial-level agencies, and the People’s
Committee of the province shall inspect the management and use of the finance
resources at the vocational education institutions; management and use of
state-owned property of the vocational education institutions as prescribed in
regulations of the Government.

Chapter III

TRAINING ACTIVITIES AND
INTERNATIONAL COOPERATION IN VOCATIONAL EDUCATION

Section 1: FORMAL TRAINING

Article 32. Enrollment

1. A vocational education institution may determine
its enrollment quotas according to requirements pertaining to quantity and
quality of the teaching staff, training facilities and equipment which is
conformable to the requirements related to socio-economic development and
planning for human resource development.

2. The enrollment shall be carried out as follows:

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(028) 3930 3279

DĐ:

0906 22 99 66

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b) The elementary-level enrollment shall be carried
in the form of admission;

c) The intermediate-level, or college-level
enrollment shall be carried out in the form of admission or examination or the
combination between admission and examination. The Principal of the vocational
training school or vocational college may decide the shorlisting before
performing the admission or examination according to the specific requirements
of the major or vocation.

3. Cases of enrollment without examination at the
college level include:

a) Students obtaining upper-secondary degrees or
students who learned and passed the exams which satisfy the requirements
pertaining to upper-secondary knowledge, or students obtaining at least very
good elementary-level vocational degrees and they have registered the same
major or profession

b) Students obtaining upper-secondary degrees or
students who learned and passed the exams which satisfy the requirements
pertaining to upper-secondary knowledge, or students obtaining at least good
elementary-level vocational degrees, having at least two working experience and
they have registered the same major or vocation;

c) Other cases as prescribed in Clause 2 Article 4
of this Law.

4. The Heads of vocational education authorities in
the central government shall regulate the determination of enrollment quotas of
the vocational education institutions and issuance of the enrollment
regulations.

Article 33. Duration of
training

1. The duration of training of elementary-level
shall last from 03 months to under 01 year, provided that the minimum-learning
hours are 300 hours with regard to students having education conformable with
their vocations.

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(028) 3930 3279

DĐ:

0906 22 99 66

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The duration of training of intermediate-level
according to the accumulated duration of modules or credits is the time in
which the number of modules or credits accumulated with regard to every
training program.

If a student obtaining lower-secondary degree
wishes to reach college education, he/she must learn and pass the exams which
satisfy the requirements pertaining to upper-secondary knowledge.

3. The duration of training of the college-level
applied to year-based program shall last from 02 to 03 years with regard to the
upper-secondary graduates according to their majors or vocations; from 01 to 02
years with regard to the intermediate-level graduates according to their
disciplines and the upper-secondary graduates or they have learned and passed
the exams which satisfy the requirements pertaining to upper-secondary
knowledge.

The duration of training of college-level according
to the method of accumulation of modules or credits is the time in which the
number of modules or credits are accumulated with regard to every training
programs with regard to the upper-secondary graduates or the students who have
learned and passes the exams which satisfy the requirements pertaining to
upper-secondary knowledge.

4. The Minister of Education and Training shall
regulate the upper-secondary knowledge which is required from the students
wishing to study at the college-level.

Article 34. Training programs

1. A vocational training program must meet all requirements
below:

a) Clarify the training objectives for
elementary-level, intermediate-level, or college-level; introduce regulations
on knowledge and skills of the graduates; scope and structure of curriculum,
methods and types of training; methods of assessment of learning outcomes
applied to every module, course credit, subject, major, or vocation and level;

b) Ensure the a scientific, modern, systematic,
practical, and flexible program to adapt to the variation in the labor market;
arrange reasonably the duration of body of knowledge and professional skills;
ensure the connectivity in the national education system;

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0906 22 99 66

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2. The Head of the vocational education institution
shall have autonomy and take responsibility for compile or selection and
approval for training programs of vocational education levels.

3. The foreign-invested vocational education
institutions shall have autonomy and take responsibility for formulation and
performance of training programs as prescribed in regulations of the Heads of
vocational training authorities in central government.

4. The Heads of vocational education authorities in
the central government shall regulate the minimum body of knowledge,
requirements pertaining to qualifications of graduates of every vocational
education level; process of formulation, assessment and issuance of training
programs of elementary-level, intermediate-level and college-level.

Article 35. Training materials

1. Training materials of elementary-level,
intermediate-level, or college-level shall concretize requirements pertaining
to body of knowledge and skills of every module, credit, or subject in the
training program, and facilitate the positive teaching methods. The Head of the
vocational education institution shall decide to establish the assessment
council of training materials; compile or select the training materials;
approve the training materials used as official teaching and learning
materials.

2. The Heads of vocational education authorities in
the central government shall regulate the compilation, selection, assessment,
approval and use of the vocational education materials.

Article 36. Requirements
pertaining to training methods

1. The training methods applied to elementary-level
must attach special importance to vocational practice skills and promotion of
the positiveness and self-awareness of students.

2. The training methods applied to
intermediate-level or college-level must combine the vocational practice skills
and vocational knowledge; promote the positiveness, self-awareness, dynamic,
independent working and working in groups; use teaching software and apply
information technology and communication to teaching and learning.

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0906 22 99 66

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1. The training program shall be a year-based
program or a credit-based or module-based program. The vocational education
institution shall have autonomy or take responsibility for implementation of
year-based, credit-based, or module-based training program subject to the
condition of the institution, provided that it must ensure the quality applied
to every training program.

2. Any student accumulating enough modules or
credits as defined in the training program shall be recognized as completion of
the program; the accumulated modules or credits shall be recognized and he/she
is not required to learn them again in other training programs.

3. The Heads of vocational training authorities in
central government shall regulate the implementation of year-based,
module-based, or credit-based training programs and association of
implementation of training programs.

Article 38. Degrees and
certificates in vocational education

1. |Degrees and certificates in vocational
education shall be granted to vocational training graduates (at all levels).
The degrees and certificates in vocational education shall be granted as
follows:

a) A student finishing the training program at
elementary-level may take an end of course test, if he/she passes the test,
he/she shall be granted the Certificate in elementary-level vocational training
by the Head of vocational education institution or an enterprise providing
vocational training;

b) A student finishing the year-based training
program at intermediate-level passes an graduation exam or a student finishing
the module-based or credit-based training program as prescribed, the Principal
of the vocational training school or vocational college shall be recognition of
graduation and granted a Degree of vocational secondary schools;

c) A student finishing the year-based training
program at college-level passes an graduation exam or protection of graduation
thesis or a student finishing the module-based or credit-based training program
as prescribed, the Principal of the vocational training school or vocational
college, or higher education institution providing college-level shall be
recognized as graduation and granted a Degree of college-level and recognition
of practice bachelor or practicing engineers.

2. The vocational education institution shall print
blank degrees/certificates and grant them to students; and announce information
about the degrees/certificates on its website.

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Section 2: CONTINUING TRAINING

Article 39. Contract of
training

1. A contract of training is an agreement concluded
verbally or in writing on rights and obligations between the head of a
vocational education institution, organization(s), individual(s) and students
involving in the continuing training program as prescribed in Point a, b, c and
d Clause 1 of Article 40 of this Law and when the enterprise employ and train
workers in order for they to work for it.

2. A contract of training must contain:

a) Name(s) of vocation or vocational skills;

b) Location of training;

c) Duration of the course;

d) Tuition fees and method of payment of tuition
fees;

dd) Responsibility for compensation in case of
breaches of the contract committed by each party;

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g) Other agreements which are not unlawful and
immoral.

3. If the enterprise trains employed people to work
for it, except for regulations in Clause 2 of this Article, the contract of
training shall contain:

a) Commitment of trainees to the duration of
working at the enterprise;

b) Commitment of the enterprise to employ the
trainees after completion of training;

c) Agreement on working time and wage paid to the
trainees who directly or indirectly make products for the enterprise over the
duration of training.

4. The contract of training in the form of
apprenticeship, except regulations in Clause 2 of this Article, there shall be
agreement on the date on which the trainees are paid wage and the wages paid to
learners in certain periods.

Article 40. Continuing
training programs

1. Continuing training programs include:

a) Continuing training programs at the request of
students; refresher courses in update and improvement of vocational knowledge
and skills;

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c) Technology transfer programs;

d) Other training programs lasting under 03 months;

dd) Continuing training programs which grant
degrees of college-level or vocational secondary schools and certificates in
elementary-level vocational training.

2. A continuing training program must meet all
requirements below:

a) The training programs prescribed in Point a, b,
c and d Clause 1 of this Article must ensure the practicality and enable
students to perform tasks of the profession which they have learned, improve
the working productivity or conversion of vocations. The Heads of vocational
education institutions, enterprises, or vocational training classes which
provide training programs prescribed in Point a, b, c and d Clause 1 of this
Article shall have autonomy and take responsibility for formulation and
selection of their training programs.

b) The training program prescribed in Point dd
Clause 1 of this Article must meet the requirements prescribed in Article 34 of
this Law.

Article 41. Duration and
methods of continuing training

1. The duration of programs prescribed in Point a,
b, c and d Clause 1 of Article 40 of this Law depends on every program provided
that it is flexible and appropriate to every student.

2. The duration of year-based programs prescribed
in Point dd Clause 1 Article 40 of this Law may be longer than the duration
prescribed in Article 33 of this Law.

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Article 42. Instructors of
continuing training programs

1. The instructors of training programs prescribed
in Point a, b, c and d Clause 1 Article 40 of this Law are educators,
scientists, engineers, technical officials, craftsmen, skilled workers, or
productive farmers.

2. The instructors of training programs prescribed
in Point dd Clause 1 Article 40 of this Law are educators who satisfy the
qualifications prescribed in Article 53 and Article 54 of this Law.

Article 43. Organization and
management of continuing training

1. The organization and management of continuing
training shall be carried out as prescribed in Article 37 of this Law.

2. The vocational education institutions,
enterprises, or vocational training classes may provide training programs
prescribed in Point a, b, c and d Clause 1 Article 40 of this Law.

3. The vocational education institutions or higher
education institutions providing colleges may provide training programs
prescribed in Point dd Clause 1 Article 40 of this Law if they have provided
formal training and they are permitted by the training authority.

4. The Heads of vocational education authorities in
the central government shall provide guidance on continuing training.

Article 44. Degrees or
certificates in continuing training

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2. The tests, exam or issuance of degrees or
certificates in vocational education pertaining to the training program
prescribed in Point dd Clause 1 Article 40 of this Law shall be carried out as
prescribed in Article 39 of this Law.

3. The students finishing the continuing training
programs prescribed in Point a, b, c and d Clause 1 Article 40 of this Law
shall be issued the certificates in vocational training by the Heads of
vocational education institutions, enterprises, or vocational training classes.
The certificate in vocational training must contain content of vocational
training and duration of courses.

Article 45. Vocational
training classes

1. The vocational training classes shall be
established by organizations or individuals to provide training programs
prescribed in Point a, b, c and d Clause 1 Article 40 of this Law.

If the vocational training class is established
according to the order of the State, the organization or individual
establishing the vocational training class must meet the requirements
prescribed in regulations of the Heads of vocational education authority in the
central government.

2. If the organizations or individuals establishing
vocational training classes meeting all requirements prescribed in Clause 2 of
this Article, they shall benefit from incentive policies below:

a) Expenditures on operation of the vocational
training classes shall be subtracted from taxable income in accordance with
regulations of law on taxation.

b) They are eligible to participate in vocational
programs or projects of the State if they meet all requirements as prescribed;

c) They are eligible to issue certificates in
vocational training to students;

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0906 22 99 66

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dd) The students shall be provided training support
if the vocational training classes belong to vocational training programs or
projects of the State.

3. A vocational training class satisfying the
following requirements shall benefit from incentive policies of the State:

a) It has facilities, equipment, instructors, and
training programs in conformity with the training vocations;

b) It has sent a report on vocational training
operation to the People’s Committee of the commune, ward or town where the
vocational training class is located.

Section 3: INTERNATIONAL
COOPERATION IN VOCATIONAL EDUCATION

Article 46: International
cooperation objectives in vocational education

1. Improve vocational training quality oriented to
modernity, access advanced vocational education level of the regions and the
world.

2. Enable vocational education institution to develop
stably, provide qualified and skilled human resources to serve the
industrialization and modernization of the country.

Article 47: Types of
international cooperation in vocational education

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(028) 3930 3279

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0906 22 99 66

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2. Establishment of representative offices of the
foreign vocational education institutions in Vietnam.

3. Cooperation in scientific research, technology
transfers and organization of scientific meetings or seminars.

4. Provide fresher courses for or exchange
educators, administrative officials of vocational education and students.

5. Exchange of information about training
operation; provision of training programs; exchange of publications, materials
and outcomes of training operation.

6. Participation in regional and international
educational organizations or non-trading partnership.

7. Establishment of representative offices of the
Vietnamese vocational education institutions overseas.

8. Other type of cooperation as prescribed in
regulations of law.

Article 48. Training
association with foreign institutions

1. Training association with foreign institutions
means the formulation and provision of the training association programs
between Vietnamese vocational education institutions and foreign vocational
education institutions without establishment of new legal entity in order to
provide training programs and issue degrees or certificates in vocational
education.

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0906 22 99 66

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3. The vocational education institution associated
with foreign vocational education institutions must obtain a certificate in
registration of training association and satisfy requirements pertaining to
teaching staff, facilities, training equipment, programs and content of
training.

The foreign vocational education institution
associated with the Vietnamese vocational education institution must obtain a
quality evaluation certificate in vocational education issued by a foreign
quality assessment agency or recognized as prescribed in regulations of the
Head of vocational education authority in the central government.

Specific requirements, competence, or procedures
for issuance of certificate in registration of training association with
foreign institutions shall comply with regulations of the Government.

4. In case the training association programs with
foreign institutions are suspended from enrollment or terminated because the
institutions fail to satisfy requirements prescribed in Clause 3 of this
Article, they must make a refund of fees to students, pay teaching salaries,
ensure other lawful rights and interests of students, teaching staff, civil
servants, and workers according to their labor contracts or collective bargaining
agreement; and pay tax liabilities and other liabilities (if any).

Article 49. Representative
offices

1. The representative office of a foreign
vocational education institution shall represent that institution.

2. The representative office has following tasks
and entitlement:

a) Enhance the corporation with Vietnamese
vocational education institutions through corporation programs and projects in
the vocational education sector;

b) Organize activities of exchanges, consultancy,
and exchange of information, seminar, or exhibition in the vocational education
sector in order to introduce the foreign vocational education institution;

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(028) 3930 3279

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0906 22 99 66

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d) Do not conduct vocational education operation
which directly profit in Vietnam and do not establish any branch which is
affiliated to the representative office of the foreign vocational education
institution in Vietnam.

3. The foreign vocational education institution
shall be granted license for establishment of a representative office in
Vietnam if it:

a) Has legal status;

b) Has principles and operation purposes;

c) Has operated vocational education for at least
05 years in its home country;

d) Has Regulation on the organization and operation
of the prospective representative office in Vietnam in accordance with
regulations of Vietnamese law.

The Heads of vocational education authorities in
the central government shall regulate the procedures for dissolution or
permission for dissolution of vocational education institutions.

5. The representative office of foreign vocational
education institution shall terminate its operation at the request of the
foreign vocational education institution or be terminated in the following
cases:

a) The deadline stated in the license expires,

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0906 22 99 66

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c) The application for representative office
establishment license is falsified;

d) Conduct operation other than operation stated in
the license;

dd) Commit violations against other regulations of
Vietnamese law.

Article 50: Policies on
development of international cooperation in vocational education

1. The State shall expand and develop international
cooperation in vocational education according to the rules of respect for
national sovereignty and mutual benefits.

2. The State shall enable foreign organizations or
individuals, international organizations, overseas Vietnamese to teach, study,
invest, finance, cooperate, apply science or technology transfers in vocational
education in Vietnam; they are protected their lawful rights and interests as
prescribed in Vietnamese law and the international agreements to which the
Socialist Republic of Vietnam is a signatory.

3. The Government shall provide guidance on
international cooperation in vocational education.

Chapter IV

RIGHTS AND OBLIGATIONS
OF ENTERPRISES IN VOCATIONAL EDUCATION

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1. Establish a vocational education institution to
provide direct human resources for the business of the enterprise and the
social.

2. Register vocational education operation to
provide elementary-level vocational training and continuing training programs
as prescribed in Point a, b, c and d Clause 1 Article 40 of this Law for
workers in the enterprise and other workers; receive training funding for the
disabled studying and working in the enterprise.

3. Cooperate with other vocational education
institutions to provide elementary-level, intermediate-level, or colleges and
continuing training programs.

4. Participate in the formulation of training
curriculum and materials; teach, give probation, or assess learning outcomes of
students in vocational education institutions.

5. Expenditures on vocational training operation of
the enterprise shall be subtracted from taxable income in accordance with
regulations of law on taxation.

Article 52. Obligations of
enterprises in vocational education

1. Provide information about demand for training
and use of workers in the enterprise according to disciplines and demand for
employment annually for the vocational education authority.

2. Provide training or place an order with
vocational education institution in order to train the employed people to work
for the enterprise.

3. Fulfill all obligations as agreed in the
contract of training association with the vocational education institution.

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5. Pay salaries or wages to students or who
directly or indirectly make the products meeting specification over the
duration of training, practice, or probation at the enterprise as agreed.

6. Cooperate with the vocational education
institution in the training, provision of refresher courses for workers of the
enterprise.

7. Enable the workers of the enterprise to attend
in-service training courses to improve their vocational skills as prescribed in
law on labor.

8. Only use skilled workers or workers obtaining
the certificate in national vocational skills with regard to jobs in the List
provided by the Minister of Labor, War Invalids and Social Affairs.

9. The Government shall provide guidance on rights
and obligations of the enterprise in the vocational education.

Chapter V

EDUCATORS AND STUDENTS

Section 1: EDUCATORS

Article 53. Educators in
vocational education institutions

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2. Educators in the vocational education centers or
vocational training schools shall be called as educators; educators in colleges
shall be called as lecturers.

3. Titles of educators in the vocational education
institution include: teachers, principal teachers, senior teachers; lecturers,
principal lecturers, and senior lecturers.

4. An educator in vocational education institutions
must meet requirements below:

a) Has virtuous characters;

b) Achieves the qualifications in professional
competence and proficiency;

c) Has good health as required by his/her job;

d) Has a clear criminal record.

Article 54. Qualifications of
educators

1. An educator at elementary-level must obtain at
least a degree of vocational secondary schools or a certificate in vocational
skills used for teaching elementary-level.

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3. An educator teaching theory at college-level
must obtain at least a bachelor’s degree; an educator teaching practice at
college-level must obtain a certificate in vocational skills used for teaching
practice at college-level.

4. An educator teaching both theory and practice at
intermediate-level or college-level must achieve acquire qualifications
equivalent to qualifications of the educator teaching theory and educator
teaching practice as prescribed in Clause 2 and Clause 3 of this Article.

5. Any educator obtaining no college degree in
pedagogy, college degree in technical pedagogy or bachelor’s degree in
pedagogy, or bachelor’s degree in technical pedagogy is required to obtain a
certificate in pedagogy.

6. The Head of vocational education authority in
central government shall regulate the content of training programs, improve
vocational skills and certificate in vocational skills used for teaching practice
at all levels; content of pedagogical proficiency course provided for educators
in the vocational education institution.

Article 55. Tasks and
entitlement of educators

1. Teach according to objectives and training
programs and ensure to carry out the sufficient and quality training programs.

2. Learn and improve their professional competence,
proficiency and teaching methods.

3. Exemplarily fulfill civil obligations, law and
regulations of organization and operation of vocational education institution.

4. Reserve the virtue, prestigious, or honor of
educators; respect personality of learners, fairly treat learners, protect
legitimate rights and interests of learners.

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6. Use teaching materials, equipment or aids,
equipment and facilities of the vocational education institution.

7. Conclude a visiting lecturer contract with other
vocational education institution as prescribed.

8. Give opinion about policies or plans of the
vocational education institution on programs, materials, methods of teaching
and other issues related to their rights.

9. The educator must reserve time to take a
probation at the enterprise to update and improve practice skills and access
new technology as prescribed.

10. Other tasks and entitlement as prescribed in
regulations of law.

Article 56. Employment,
assessment and refresher course in professional competence and proficiency for
educators

1. The employment of educator must satisfy
requirements or qualifications prescribed in Clause 4 Article 53 and Article 54
of this Law and comply with regulations of law on labor and law on civil
servants. Any educator gaining experience in the business in conformity with
the disciplines shall be priorly employed.

2. The educators shall be assessed or classified
annually as prescribed.

3. The refresher courses in improvement in
professional competence in pedagogy, vocational skills, information technology,
or foreign languages; probation in the enterprise shall comply with regulations
of the Head of vocational education authority in the central government.

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1. The vocational education institution may invite
people satisfy requirements and qualifications as prescribed in Clause 4
Article 53 and Article 54 of this Law for the teaching in the form of visiting
lecturers.

2. The visiting lecturers must fulfill obligations
and exercise their rights as prescribed in Article 55 of this Law.

3. The visiting lecturers who are officials,
officials and civil servants at other agencies or organizations must fulfill
their obligations at the institutions they are working for.

Article 58. Policies applied
to educators

1. Educators in public vocational education
institutions shall benefit from the following policies:

a) Receive salaries according to their titles
prescribed in Clause 3 Article 53 of this Law; receive incentive allowances
according to their disciplines, receive seniority pay regarding educators,
particular allowances regarding educators teaching both theory and practice,
craftsmen, skilled educators teaching practice, educators teaching disciplines
which are heavy and dangerous, and educators teaching the disabled as
prescribed in regulations of the Government;

b) Incentive policies applied to educators teaching
in special schools, schools in severely disadvantaged areas and other incentive
policies applied to educators as prescribed in regulations of the Government.

2. Attend refresher courses in professional
competence or proficiency as prescribed in regulations of the Government.

3. The State shall encourage educators to teach in
vocational education institutions in severely disadvantaged areas; enable educators
to teach in the vocational education institutions in disadvantaged or severely
disadvantaged areas.

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5. If the educators who are doctors, craftsmen or
skilled people teaching in public vocational education institutions and having
good health voluntarily extend their working time at the vocational education
institution with the consent of the vocational education institutions, they may
take later retirement as prescribed in law on labor.

6. The State adopts policies on investment in
training and refresher courses in professional competence, skills, and
pedagogical methods applied to educators teaching the disabled.

Section 2: LEARNERS

Article 59. Learners

Learners are learners who are learning vocational
education programs in the vocational education institutions, including students
learning college-level training programs; students learning intermediate-level
and elementary-level training programs; students learning continuing training
programs as prescribed in Point a, b, c and d Clause 1 Article 40 of this Law.

Article 60. Rights and
obligations of learners

1. Learn and practice as defined in regulations of
the vocational education institution.

2. Respect educators, administrative officials,
civil servants and workers in the vocational education institution; unite and
help each other in learning and practicing.

3. Participate in labor and social work, actions on
environmental protection, protection for security, order, prevention and
control of crime, social evil.

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5. Be facilitated in study, production, businesses,
services, activities in culture, sports.

6. Benefit from policies applied to learners who
are beneficiaries of social incentive policies.

7. Other rights and obligations as prescribed in
regulations of law.

Article 61. Rights and
obligations of learners

1. The learners graduated from training courses for
appointed students, in the form of scholarship, training fees or orders from
the State, or given by foreign countries under Agreements concluded with the
Socialist Republic of Vietnam must execute the manoeuvre related to place of
working given by the competent agency for a certain period; if not, they shall
make a refund of scholarship or training fees.

2. The learners graduated from training courses as
scholarship or training fees given by the employers must work for the employer
according to the period as agreed in the training contract; in case they fail
to fulfill their commitment, they must make a refund of scholarship or training
fees.

Article 62. Policies applied
to learners

1. The learners shall benefit from policies on
scholarship, social allowances, appointed students, educational credit,
exemption or reduction in public service charges as prescribed in Article 89,
90, 91 and 92 of the Law on Education.

2. The learners shall be exempt from tuition fees
by the State in the following cases:

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b) The lower-secondary graduates continuing to
learn intermediate-level;

c) The learners studying in disciplines facing
difficulty in enrollment at intermediate-level or college-level but they are
required by the social according to the List provided by the Head of vocational
education authority; learners studying in special disciplines meeting the
requirements pertaining to socio-economic development and national defense and
security as prescribed in regulations of the Government.

3. The learners who are women, rural area workers
and following training programs at elementary-level and training programs
lasting for under 03 months shall be provided training fees as prescribed in
regulations of the Prime Minister.

4. Boarding ethnic lower-secondary school
graduates, boarding ethnic upper-secondary school graduates, including those
enrolled by public vocational training schools or colleges without entrance
examinations.

5. The learners who are ethnics in poverty or near
poverty households, the disabled; the learners who are Kinh ethnics in poverty
or near poverty households or the disabled whose normal residence in the
severely disadvantaged areas, ethnic minority areas, border or island areas;
the students of boarding ethnic upper-secondary schools following training
programs at the intermediate-level or college-level shall benefit from policies
on boarding schools as prescribed in regulations of the Prime Minister.

6. During the learning, if the learners do military
services or fail to keep learning or working due to their sickness, accidents,
unhealthy maternity or their families in difficulties, they may reserve study
results and resume the study then. The time limit for the reserve of study
results does not exceed 05 years.

7. The knowledge and skills that learners
accumulate during the work and results of modules, credits, subjects which they
had accumulated in the learning process at the levels of vocational education
shall be recognized and be not required to learn them again in other training
programs.

8. The graduates shall benefit from the following
policies:

a) They are employed by authorities,
socio-political organizations, public service agencies, the armed forces as
prescribed; the learners obtaining at least very good graduation degrees;

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Article 63. Policies applied
to learners sent to work abroad

1. The State shall carry out policies on vocational
training programs provided for workers sent to work abroad.

2. If a learner studying at the vocational
education institutions is sent to work abroad under a contract, he/she shall be
reserved his/her study results. The time limit for the reserve of study results
does not exceed 05 years.

Article 64. Policies applied
to learners wining in workmanship contests

1. The State encourages learners to take part in
workmanship contests. The winners in national workmanship contests, ASEAN
workmanship contests shall be awarded as prescribed in law on emulation and
commendation.

2. If the first-prize, second-prize and third-prize
winners in the national workmanship contests obtain associate degrees and
upper-secondary degrees or they are learned and passed the examinations
satisfying the body of knowledge of upper-secondary level as prescribed, they
shall be admitted into the colleges without examinations with the majors in
conformity with the professions which they win the prizes.

3. If the first-prize, second-prize and third-prize
winners in the ASEAN workmanship contests obtain associate degrees and
upper-secondary degrees or they are learned and passed the examinations
satisfying the body of knowledge of upper-secondary level as prescribed, they
shall be admitted into the colleges without examinations with the majors in
conformity with the professions which they win the prizes.

Chapter VI

VOCATIONAL EDUCATION
QUALITY ASSESSMENT

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1. Objectives of vocational education quality
assessment:

a) Ensure and improve the vocational education
quality;

b) Certify the satisfaction of objectives of
vocational education in every certain period of the vocational education
institution or the vocational education programs.

2. Entities of vocational education quality
assessment:

a) Vocational education institutions;

b) Training programs of vocational education at all
levels.

3. The vocational education quality assessment must
follow the rules below:

a) Independent, objective and lawful;

b) Honest, public and transparent;

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d) Compulsory with vocational education
institutions and training programs providing major disciplines of the nation,
region or the world; vocational education institutions and training programs
providing disciplines serving the state management.

Article 66. Organization and
management of vocational education quality assessment

1. The organization for education quality
assessment shall assess and recognize the vocational education institutions and
vocational education programs satisfying the requirements pertaining to
vocational education quality.

2. Organizations for vocational education quality
assessment include:

a) Organizations for vocational education quality
assessment established by the State;

b) Organizations for vocational education quality
assessment established by organizations or individuals.

3. A0An organization for vocational education
quality assessment established according to projects must:

a) Have facilities, equipment and finance meeting
the requirements pertaining to the organization for vocational education
quality assessment;

b) Have administrative official and assessor staff
meeting the requirements pertaining to the organization for vocational
education quality assessment.

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5. The Head of vocational education authority shall
provide guidance on requirements, procedures and periods of vocational
education quality assessment; conditions and competence in establishment,
permission for establishment, dissolution of the organizations for vocational
education quality assessment; rights and obligations of organizations for
vocational education quality assessment; recognition of assessment results of
the organizations for vocational education quality assessment; issuance and
revocation of certificate of vocational education quality assessment; criteria,
rights and obligations of assessors; management and issuance of vocational
education quality assessor’s cards.

Article 67. Tasks and
entitlement of the vocational education institutions in vocational education
quality assessment

1. Formulate and carry out the long-term or annual
plans for improvement of vocational education quality.

2. Assess vocational education quality themselves
according to the requirements and procedures for vocational education
assessment.

3. Provide information or materials relating to
vocational education quality assessment.

4. Carry out vocational education quality
assessment at the request of competent agencies.

5. Pay quality assessment fees to organizations for
vocational education quality assessment.

6. Select organizations for vocational education
business organizations to carry out the assessment and vocational education
programs.

7. Send complaints or denunciation of decisions,
conclusions, and violations of organizations of individuals conducting
vocational education quality assessment against law to the competent agencies.

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1. If any vocational education institution or
training program satisfies requirements pertaining to quality assessment, it
shall be granted a Certification of vocational education quality standards. The
Certification shall be valid for 05 years.

2. If any vocational education institution or
training program fail to satisfy requirements pertaining to quality assessment,
it shall be revoked the Certification of vocational education quality
standards.

Article 69. Tasks and
entitlement of a vocational education institutions obtaining Certification of
vocational education quality standards

1. Maintain and keep improving vocational education
quality.

2. Send a report to vocational education authority
every year.

3. Benefit from policies on investment support to
improve the vocational education quality and lodge tender to fulfill the
vocational education quotas according to the order of the State.

Article 70. Use of results of
vocational education quality assessment

The results of vocational education quality
assessment shall be used in the following cases:

1. Evaluate the reality of training quality of
vocational education institutions;

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3. The employers employ workers;

4. The State invest, lodge tender, place orders and
assign training tasks to vocational education institutions.

Chapter VII

STATE MANAGEMENT OF
VOCATIONAL EDUCATION

Article 71. Responsibility of
state management of vocational education

1. The Government shall be in charge of state
management of vocational education

2. The vocational education authorities in central
government shall take responsibility to the Government for state management of
vocational education and have tasks and entitlement below:

a) Formulate, request competent agencies to issue
or issue within their competence and implement strategies, planning, plans, or
policies on vocational education development;

b) Formulate, request competent agencies to issue
or issue within their competence and implement legislative documents on
vocational education;

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d) Regulate the application and issuance of
Certification of registration of vocational education;

dd) Management and organization of vocational
education quality assessment;

e) Release statistics or information about
organization and operation of vocational training;

g) Organization of organizational structure of
vocational education;

h) Management and organization of training and
refresher courses provided for vocational education administrative officials,
educators of continuing training programs;

i) Mobilize, manage and use resources to develop
vocational education;

k) Manage and organize activities of study,
application of science and technology; production, businesses and services in
vocational training;

l) Manage and organize international cooperation in
vocational education;

m) Inspect the observance of the law on vocational
education; deal with complaints or denunciation and actions on violations
against law on vocational education.

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4. The People’s Committee of the province shall be
responsible for state management of vocational education according to the classification
of the Government; formulate and implement plans for vocational education in
conformity with human resources of local governments; inspect the
implementation of law on vocational education conducted by vocational education
institutions, organizations and individuals involved in vocational education in
the administrative divisions within their competence; make investment in
private sector involvement in vocational education; improve quality and
effectiveness of vocational education in the local governments.

5. The Government provides guidance on competence
and content of state management of vocational education.

Article 72. Inspection of
vocational education

1. The vocational education authority shall be
vocational education inspector.

2. Vocational education inspector shall have tasks
and entitlement below:

a) Inspect the implementation of law and policies
on vocational education;

b) Detect, prevent and handle within their
competence or request competent agencies to take actions to violations against
law on vocational education;

c) Verify or request competent agencies to deal
with complaints or denunciation of vocational education;

d) Other tasks and entitlement as prescribed in
regulations of law on inspection.

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Article 73. Actions to
violations

1. Any person commit violation(s) below shall be
disciplined, face penalties for administrative violations or criminal
prosecution according to his/her nature and severity of the violations; if
he/she cause damages, he/she must pay compensation as prescribed;

a) Establish vocational education institutions or
perform vocational education operation contrary to regulations of law;

b) Commit violations against regulations on
organization and operation of vocational education institutions;

c) Publish, print, or release materials contrary to
regulations of law;

d) Making fake documents, violate regulations on
enrollment, examination, tests, recognition of graduation and issuance of
degrees and certificates;

dd) Infringe human dignity and bodies of vocational
educators, administrative officials; maltreat or persecute learners;

e) Violate regulations on vocational education
quality assessment;

g) Disturb public security and order in the
vocational education institutions;

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i) Cause damage to facilities of vocational
education institutions;

k) Other violations against law on vocational
education.

2. The Government shall provide guidance on
penalties for administrative violations against law on vocational education.

Article 74. Complaints or denunciation
and resolution of complaints or denunciation

The complaints or denunciation and resolution of
complaints or denunciation in vocational education shall comply with
regulations of law.

Chapter VIII

IMPLEMENTATION

Article 75. Implementation

1. This Law shall take effect from July 1, 2015.

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Article 76. Amendments to Law
on education

A number of articles of the Law on Education
No.38/2005/QH11 amended by the Law No.44/2009/QH12 shall be amended and
annulled as follows:

1. Point c and Point d Clause 2 Article 4 shall be
amended as follows:

“c) Vocational education training at
elementary-level, intermediate-level, or college-level and other vocational
training programs;

d) Higher education including university education,
master education, and doctoral education.”;

2. Point d Clause 1 Article 51 shall be amended as
follows:

“d) The Minister of Education and Training shall
make decisions for preparatory universities; the Heads of vocational education
authorities in central government shall make decisions for colleges;”;

3. Clause 3 Article 70 shall be amended as follows:

“3. Educators teaching in preschool education,
compulsory education, or vocational education at elementary-level or
intermediate-level shall be called teachers. Educators teaching in colleges, or
higher education institutions shall be called lecturers.”;

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a) “Trung tâm dạy nghề” prescribed in Point b
Clause 1 of Article 83 shall be replaced with “trung tâm giáo dục nghề nghiệp”;

b) “Lớp dạy nghề” prescribed in Point a Clause 1 of
Article 69 and Point b Clause 1 of Article 83 shall be replaced with “lớp đào tạo
nghề”;

c) “Thủ trưởng cơ quan quản lý nhà nước về dạy nghề”
prescribed in Article 45, 50, 51, 52, 54, 77, 105 and 113 shall be replaced
with “Thủ trưởng cơ quan quản lý nhà nước về giáo dục nghề nghiệp ở trung
ương”;

d) “Cơ sở dạy nghề” prescribed in Clause 3 of
Article 54 shall be replaced with “cơ sở giáo dục nghề nghiệp”;

dd) “Trường dạy nghề” prescribed in Clause 1 of
Article 89 shall be replaced with “cơ sở giáo dục nghề nghiệp”;

5. The phrases below shall be annulled as follows:

a) “Trình độ cao đẳng” prescribed in Clause 2 of
Article 40 and Clause 1 of Article 41 shall be annulled;

b) “Trường cao đẳng” prescribed in Clause 41, Point
d Clause 1 Clause 51 of Article 79 shall be annulled;

c) “Các trường cao đẳng” prescribed in paragraph 3
Clause 2 Article 41 shall be annulled;

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6. The Section 3 Chapter II – Vocational education
including Article 32, 33, 34, 35, 36 and 37 shall be annulled; Clause 5 of
Article 30, Clause 1 of Article 38, Clause 2 of Article 39, paragraph 2 Clause
1 of Article 40, Point a Clause 1 of Article 42, Clause 1 of Article 43, Point
d and Point dd Clause 1 of Article 77 shall be annulled.

Article 77. Amendments to Law
on higher education

A number of articles of the Law on Higher Education
No.08/2012/QH13. shall be amended and annulled as follows:

1. The phrase “trường trung cấp chuyên nghiệp”
prescribed in Clause 3 of Article 37 shall be replaced with “trường trung cấp”;

2. The phrases below shall be annulled as follows:

a) “Trường cao đẳng” prescribed in Clause 2 of
Article 4, Clause 2 of Article 5, Article 33, Point a Clause 1, Clause 3 of
Article 36 and Clause 4 of Article 45 shall be annulled;

b) “Trình độ cao đẳng” prescribed in Clause 1 of
Article 6 shall be annulled;

c) “Trường cao đẳng” prescribed in Article 2,
Clause 8 of Article 4, Clause 1 of Article 11, Article 14, Clause 1 of Article
16, Clause 1 of Article 17, Clause 1 of Article 19, Clause 1 of Article 20,
Clause 4 of Article 27 and Article 28 shall be annulled;

d) “Bộ trưởng Bộ Giáo dục và Đào tạo công nhận xếp
hạng đối với trường cao đẳng” prescribed in Clause 5 of Article 9 shall be
annulled;

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e) “Bằng tốt nghiệp cao đẳng” prescribed in Clause
1 of Article 38 shall be annulled;

g) “Chương trình đào tạo cao đẳng” prescribed in
Article 59 shall be annulled;

3. Point a Clause 2 of Article 5, Point a Clause 1
of Article 7, paragraph 2 Clause 1 of Article 27, paragraph 2 Clause 2 of
Article 27 and Point a Clause 1 of Article 38 shall be annulled.

Article 78. Transitional
provisions

Vocational education institutions or higher
education institutions taking place enrollment before the effective date of
this Law may provide training, grant degrees or certificates to learners as
prescribed in the Law on Education No.38/2005/QH11 amended by the Law
No.44/2009/QH12, the Law on Vocational training No.76/2006/QH11 and the Law on
higher education No.08/2012/QH13 until the end of the courses.

Article 79. Specific
provisions

The Government and competent agencies shall provide
guidance on Articles and Clauses in the Law.

This Law was passed by the National Assembly of
the Socialist Republic of Vietnam, XIII Legislature, and 8th Session, dated
November 27, 2014.

 

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DĐ:

0906 22 99 66

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CHAIRMAN OF THE
NATIONAL ASSEMBLY

Nguyen Sinh Hung