Tài liệu Luật giáo dục nghề nghiệp

Tóm tắt Tài liệu Luật giáo dục nghề nghiệp: ... a) Thúc đẩy hợp tác với cơ sở giáo dục nghề nghiệp Việt Nam thông qua việc xúc tiến xây dựng các chương trình, dự án hợp tác trong lĩnh vực giáo dục nghề nghiệp; b) Tổ chức các hoạt động giao lưu, tư vấn, trao đổi thông tin, hội thảo, triển lãm trong lĩnh vực giáo dục nghề nghiệp nhằm giới ...ing 1. Diversify types of vocational education and training institutions, forms of vocational education and training; encouraging, and creating favourable conditions for social, socio-political, social-professional organisations, other organizations, Vietnamese and foreign organizations and i...ange into private ownership in any forms. 5. The state management agencies in vocational education and training at central, ministries, ministerial-level agencies, provincial People’s Committees level examine, inspect management and use of financial sources in vocational education and trai...

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1. The State provides policy on organizing vocational education and 
training for labourers who wish to work overseas.
2. If trainees go to work overseas before completing their vocational 
education and training, they are entitled to reserve their vocational education 
and training results. The reservation of vocational education and training 
results is not of more than 05 years.
Article 64. Policy for people awarded with prize in skills contests
1. The State encourages trainees to participate in skill contests. Prize 
winners at national, ASEAN and international skill contests are commended 
and rewarded in accordance with regulations of the law on emulation and 
commendation.
2. First-, second- or third- prize winners at national skill contests are 
enrolled directly into colleges for training in occupations compatible with 
those for which they have won prizes in the case that they possess high 
school graduation diploma or secondary level vocational education and 
training diploma and already complete sufficient volume of knowledge, 
passed graduation exams for basic subjects at high school level and meeting 
requirements as regulated by law.
LUẬT GIÁO DỤC NGHỀ NGHIỆP 107
3. First-, second- or third-prize winners at ASEAN and international skill 
contests are enrolled directly into universities for training in occupations 
compatible with those for which they have won prizes in the case that they 
possess high school graduation diploma or secondary level vocational 
education and training diploma and already complete sufficient volume of 
knowledge, pass graduation exams for basic subjects at high school level and 
meeting requirements as regulated by law.
Chapter VI
QUALITY ACCREDITATION FOR VOCATIONAL 
EDUCATION AND TRAINING
Article 65. Objectives, principles of quality accreditation of vocational 
education and training
1. Aims of vocational education and training quality accreditation 
a) Ensure and improve vocational education and training quality; 
b) Confirm level of satisfaction of vocational education and training 
institution and vocational education and training program for a specific 
period against vocational education and training objectives; 
2. Objectives of vocational education and training quality accreditation 
include:
a) Vocational education and training institutions;
b) Vocational education and training programs.
3. Principles of vocational education and training quality accreditation 
a) Independent, objective, conforming to law;
b) Honest, public, transparent; 
c) Equal, periodical; 
d) Be mandatory for vocational education and training institutions, 
national focal occupations and vocational education and training programs
LUẬT GIÁO DỤC NGHỀ NGHIỆP108
for occupations approaching regionally, internationally advanced levels; 
vocational education and training institutions and vocational education and 
training programs on fields, trades serving the state management. 
Article 66. Organization, management of quality accreditation of 
vocational education and training 1. Organizations of vocational education 
and training quality accreditation have the task of assessing and recognizing 
vocational education and training institutions and programs that meet 
standards of vocational education and training.
2. Organizations of vocational education and training quality accreditation 
include:
a) Organizations for vocational education and training quality accreditation 
established by the State;
b) Organizations for vocational education and training quality accreditation 
established by organizations or individuals.
3. Organization of vocational education and training quality accreditation 
is established when a project ensuring the following conditions is in place:
a) Having physical facilities, equipment, finance meeting requirements 
of operation of the center for vocational education and training quality 
accreditation;
b) Having management staff and accreditors meeting requirements of 
vocational education and training quality accreditation activity.
4. Center for vocational education and training quality accreditation has 
legal status and is responsible towards the law for its vocational education and 
training quality accreditation; entitled to collect fees of quality accreditation 
as regulated by law.
5. The Head of state management agency in vocational education and 
training at central level promulgates regulations on criteria, standards, 
process, and cycle of vocational education and training quality accreditation; 
specific regulations on conditions for establishment, dissolution, tasks of 
organization of vocational education and training quality accreditation; 
regulations on recognition of results of vocational education and training 
quality accreditation; issuance and revocation of certificates of vocational 
education and training quality accreditation; regulations on standards, tasks 
LUẬT GIÁO DỤC NGHỀ NGHIỆP 109
and authorities of accreditors; regulations on use of results of vocational 
education and training quality accreditation; regulations on management, 
and issuance of accreditor card.
Article 67. Duties and rights of vocational education and training 
institution in the implementation of vocational education and training 
quality accreditation
1. To develop and to implement long-term and annual plans on vocational 
education and training quality improvement.
2. To organize vocational education and training quality self-accreditation 
according to vocational education and training quality accreditation standards 
and procedures.
3. To provide information and documents for the vocational education 
and training quality accreditation.
4. Implement accreditation as requested by authorized state management 
agency.
5. Pay accreditation fees to vocational education and training quality 
accreditation agencies.
6. Select organizations for vocational education and training quality 
accreditation to do accreditation for vocational education and training 
institution and vocational training programs.
7. Make complaints and denunciations with the competent authorities 
of the decision, conclusions, violations of the laws of the organizations 
and individuals performing vocational education and training quality 
accreditation.
Article 68. Recognition of vocational education and training quality 
accreditation
1. If vocational education and training institution subjected to quality 
accreditation satisfies all requirements, they are granted with certificate of 
vocational education and training quality accreditation. Such certificate is 
valid for five years.
2. If vocational education and training institutions fail to maintain their 
quality according to vocational education and training quality accreditation 
LUẬT GIÁO DỤC NGHỀ NGHIỆP110
standards, their certificates of vocational education and training quality 
accreditation will be withdrawn.
Article 69. Duties and authority of vocational education and training 
institutions accredited for vocational education and training quality 
standards
1. Maintain and improve their vocational education and training quality.
2. Annually report the result of self-accreditation to the state management 
agency in vocational education and training.
3. Be entitled to policies on investment support policy for improvement of 
vocational education and training quality and can participate in bidding for 
realising/carrying out the vocational education and training quotas ordered 
by the State.
Article 70. Use of vocational education and training quality accreditation 
results 
Vocational education and training quality accreditation results are used as 
basis:
1. Assessing the quality of vocational education and training of institutions 
involving in vocational education and training activities;
2. Trainees chose vocational education and training institutions, training 
programs and level;
3. Employers recruit workers; 
4. The state invests, biding and training order for vocational education and 
training of institutions.
Chapter VII
STATE MANAGEMENT IN VOCATIONAL 
EDUCATION AND TRAINING
Article 71. Responsibilities of state management in vocational education 
and training
LUẬT GIÁO DỤC NGHỀ NGHIỆP 111
1. The Government implements consistent state management in vocational 
education and training.
2. The state management agency in vocational education and training at 
central level is responsible towards the Government for implementation of 
state management in vocational education and training as regulated by the 
Government has following responsibilities and authority:
a) Develope and organize implementation of strategies, planning, plans 
and policies on vocational education and training development;
b) Promulgate and organize implementation of legal documents on 
vocational education and training;
c) Stipulate vocational education and training objectives, contents, methods 
and curricula; standards for vocational teacher; lists of training occupations 
of different levels; standards on physical facilities and equipment; enrolment 
statue, testing, examination and issuance of vocational education and training 
diplomas, certificates;
d) Organize implementation of issuance of vocational education and 
training license;
e) Manage and organize implementation of vocational education and 
training quality accreditation;
f) Carry out statistics and communication on the organization of and 
activity of vocational education and training;
g) Organize a management structure of vocational education and training;
h) Manage and organize training for vocational teachers and management 
staff, teachers of continuing vocational education and training programs.
i) Mobilize, manage and use resources for vocational education and 
training development.
k) Manage; organize research and application of science and technology, 
productivity and services in vocational education and training.
l) Manage; organize international cooperation in vocational education and 
training.
m) Inspect, examine the observance of law on vocational education and 
training; settle complaints, denunciations and handle violations of the law on 
vocational education and training.
LUẬT GIÁO DỤC NGHỀ NGHIỆP112
3. Ministries, ministerial-level agencies coordinate with the state 
management agency in vocational education and training at central level 
in implementing state management of vocational education and training 
within their authority; directly manage the vocational education and training 
institutions of their own Ministries, sectors (if any) following the functions 
and assigned tasks.
4. Provincial People’s Committee, within its duties and authority, 
implements state management of vocational education and training as 
decentralized by the Government; formulates and organizes implementation 
of vocational education and training plan in line with workforce demands 
of their respective locality; inspects the observance of the law on vocational 
education and training of vocational education and training institutions, 
enterprises, organizations, individuals engaging in vocational education 
and training in the territory within its authority; implements socialization 
of vocational education and training; improves vocational education and 
training quality and efficiency in the locality. 
5. The Government provides specific regulations on authority and contents 
of state management in vocational education and training.
Article 72. Inspection of vocational education and training
1. Vocational education and training inspectorate is a specialized 
inspectorate.
2. Inspection of vocational education and training includes: 
a) Inspect implementation of laws, policies on vocational education and 
training; 
b) Detect, prevent and handle within authority or propose competent state 
agencies to handle violations of the law on vocational education and training; 
c) Verify, propose competent state agencies to settle complaints, 
denunciations on vocational education and training; 
d) Other activities on inspection as regulated by the law on inspection.
3. Organization and performance of vocational education and training 
inspectorate complies with regulations on inspection. 
Article 73. Handling of violations
1. Individuals violating the regulations of this Law shall, depending on 
LUẬT GIÁO DỤC NGHỀ NGHIỆP 113
nature and seriousness of their violations, be disciplined, administratively 
sanctioned or prosecuted for criminal liability; if causing damage, they must 
pay compensation in accordance with regulations of law.
a) Establishment of vocational education institution or vocational 
education activities in contravention of the law;
b) Violation of the provisions on the organization and operation of 
vocational education and training institutions;
c) Publishing, printing, disseminating documents contrary to the 
provisions of law;
d) Making false documents, violating regulations for admission, 
examination, graduation diplomas and certificates;
e) Damaging dignity and physical body of educators, managers of 
vocational education and training institutions; abuse learners;
f) Violating of regulations on accreditation of vocational education and 
training institutions;
g) Disturbing, damaging social security in of vocational education and 
training institutions;
h) Losing funds, taking advantage of vocational education activities to 
collect money improperly or for-profit purposes;
i) Causing damage to the facilities of vocational education and training 
institutions;
k) Other acts violating the law on vocational education and training.
2. The Government regulates specifically on administrative fines and 
punishment for violations in vocational education and training.
Article 74. Complaints, denunciations and settlement of complaints 
and denunciations
Complaints, denunciations and settlement of complaints, denunciations 
with regards to vocational education and training comply with regulations of 
law.
LUẬT GIÁO DỤC NGHỀ NGHIỆP114
Chapter VIII
PROVISION ON IMPLEMENTATION
Article 75. Implementation effect
1. This Law takes effect from 1st July, 2015. 
2. The Law on vocational training No. 76/2006/QH11 is invalid once this 
Law takes effect. 
Article 76. Revision and additions to a number of articles in Law on 
Education
Amend, supplement or remove a number of articles of the Education 
Law No. 38/2005/QH11 which had been amended and supplemented some 
articles according to Law No. 44/2009/QH12 as follows:
1. Points c and d, Clause 2, Article 4 are amended and supplemented as 
follows:
“c) Vocational education and training of elementary, intermediate and 
diploma levels and other occupational training programs;
d) Higher education (hereinafter referred to as tertiary education) provides 
training of undergraduate degree, master’s degree, doctoral degree.”;
2. Point d, Clause 1, Article 51 is amended and supplemented as follows:
“d) The Minister of Education and Training decided to university 
foundation schools; Head of state management of vocational education at 
central level make decisions to colleges;”;
3. Clause 3 of Article 70 is amended as follows:
“3. The teachers teaching in early childhood education institutions, general 
education, vocational education and training of elementary and intermediate 
levels are called teachers. Those teaching in colleges and higher education 
institutions are known as lecturers. “;
4. Replace the phrases in some articles as follows:
a) The phrase “training center” with the phrase “vocational education and 
training center” at Point b, Clause 1, Article 83;
b) The phrase “vocational course” with the phrase “vocational training” in 
Point a Clause 1 of Article 69 and Point b Clause 1 Article 83; 
LUẬT GIÁO DỤC NGHỀ NGHIỆP 115
c) The phrase “head of state management on vocational training” with 
the phrase “heads of state management agency in vocational education and 
training at central level” in Articles 45, 50, 51, 52, 54, 77, 105 and 113;
d) The phrase “vocational training institutions” with the phrase “vocational 
education and training institutions” in Clause 3 of Article 54;
e) The phrase “vocational schools” with the phrase “vocational education 
and training institutions” in Clause 1 of Article 89;
5. Remove the phrases in some articles as follows:
a) Remove the phrase “collegiate level,” in Clause 2 of Article 40 and Clause 
1 of Article 41;
b) Remove the word “colleges” in Article 41, Point d Clause 1 of Article 51 
and Article 79;
c) Remove the phrase “colleges and” in Point 3 Clause 2 of Article 41;
d) Remove the phrase “and secondary technical education course” at 
Point a and the phrase “Integrated technical centers-career guidance centers; 
vocational training centers “in Point b, Clause 1, Article 69;
6. Abolish Section 3- technical education of Chapter II, including Articles 
32, 33, 34, 35, 36 and 37; repeal Clause 5 of Article 30, Clause 1 of Article 
38, Clause 2 of Article 39, Point 2 Clause 1 of Article 40, Point a Clause 1 of 
Article 42, Clause 1 of Article 43, Point d and e Clause 1 of Article 77.
Article 77. Revision and supplement to a number of articles in Law on 
Higher Education
Amend, supplement or repeal a number of articles of the Law on Higher 
Education No. 08/2012/QH13 as follows:
1. Replace the phrase “professional secondary schools” with the phrase 
“secondary vocational education and training schools” in Clause 3 of Article 
37;
2. Remove the phrases in some articles as follows:
a) Remove the word “college” in Clause 2 of Article 4, Clause 2 of Article 5, 
Article 33, Point a Clause 1 and Clause 3 of Article 36, Clause 4 of Article 45;
b) Remove the phrase “collegiate level,” in Clause 1 of Article 6;
c) Remove the word “college” in Article 2, Clause 8 of Article 4, Clause 1 
LUẬT GIÁO DỤC NGHỀ NGHIỆP116
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;
d) Remove the phrase “Minister of Education and Training recognizes the 
ranking for colleges” in Clause 5 of Article 9;
e) Remove the phrase “have a master’s degree for college rectors” in Point 
b Clause 2 of Article 20;
f) Remove the phrase “college degree” in Clause 1 of Article 38;
g) Remove the phrase “training program of collegiate level” in Article 59;
3. Abolish Clause 2 of Article 5, Clause 1 of Article 7, Point 2- Clause 1 of 
Article 27, Point 2 Clause 2 of Article 27 and Point a Clause 1 of Article 38.
Article 78. Terms of transition
Vocational education and training institutions and institutions of higher 
education which have enrollments before this Law comes into effects shall 
continue to organize training, granting degrees and certificates to students 
under the provisions of the Education Law No. 38/2005/QH11, Law No. 
44/2009/QH12 with a number of amendments and supplement to Law on 
Education, Law on Vocational Training No. 76/2006/QH11 and Higher 
Education Law No. 08/2012/QH13 until the end of the training program.
Article 79. Implementation guidance
The Government, competent and authorized agencies provide specific 
regulations and guidance on implementation of assigned articles, clauses of 
this Law.
This Law was adopted by the 13th National Assembly of the Socialist 
Republic of Vietnam, the 8th Session, dated 27 November 2014./.
 CHAIRMAN OF THE NATIONAL ASSEMBLY
LUẬT GIÁO DỤC NGHỀ NGHIỆP 117
LUẬT GIÁO DỤC NGHỀ NGHIỆP118
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LUẬT 
GIÁO DỤC NGHỀ NGHIỆP
NHÀ XUẤT BẢN TÀI CHÍNH
LAW ON 
VOCATIONAL EDUCATION AND TRAINING

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