by Mai Counsel
|The Circular regulates the list of vocations that foreign individuals or organisations are permitted to co-operate and invest in.— File Photo
The Ministry of Labour, War Invalids and Social Affairs (MOLISA) issued Circular 23/2013/TT-BLDTBXH on foreign co-operation and investment in vocational training in Viet Nam on October 16, 2013.
The Circular regulates the list of vocations that foreign individuals or organisations are permitted to co-operate and invest in.
1. Vocations permitted to co-operate and invest:
There are 44 groups of vocations that foreigners are permitted to co-operate and invest in, including fine-arts, business, insurance - banking - finance, accounting - auditing, information technology, construction and architecture engineering technology, petroleum technology and production, aesthetic services, postal services and many others. The vocations not included in the list of 44 - which could harm national defence and security, culture, environment, ethics, habits and customs of Viet Nam - are not open for foreign co-operation and investment.
2. Foreign invested vocational training institutions:
Organisation of foreign invested vocational training colleges and vocational high schools must include a school management board (principal, vice-principal), training bureau, other professional divisions, faculties, groups of subjects, classes and vocational service divisions. Organisation of foreign invested vocational training centres must include a director, a number of deputy directors, departments or the specialised divisions of training, organisation, administration, accounting, equipment management and classes.
The principal or director of foreign invested vocational training institutions must have a master's degree or higher (for vocational colleges), academic degree or higher (for vocational intermediate schools), college degree or higher (for vocational training centres) in a specialisation aligned with the institution's training tasks; be trained in school or centre management professions; have at least five years experience in teaching or managing a vocational training centre; and not be a government official.
With regard to foreign invested vocational colleges, MOLISA has the authority to approve establishments and issue vocational training operating permits to them. With regard to foreign invested vocational high schools and vocational training centres, the Chairman of the Provincial People's Committee has the authority to approve these establishments, while the Director of the Provincial Department of Labour, War Invalids and Social Affairs has the authority to issue vocational training operating permits to them.
Foreign invested vocational training institutions must register for vocational training quality assessment no later than three years (for vocational training colleges) or two years (for vocational training intermediate schools or vocational training centres) after receipt of vocational training permits. Agencies with the authority to assess the quality of the vocational training program are MOLISA, or foreign organisations recognised by MOLISA.
3. For association with foreign vocational training institutions on vocational training under joint programmes of vocational training, the practising period must be at least 60 per cent of the total study period.
The test, examination, assessment, and certification of completion of curriculums, modules, grades and graduation must comply with Vietnamese laws when issuing Vietnamese degrees or certificates; with foreign laws when issuing foreign degrees or certificates; or with the laws of each party's country when both parties issue degrees or certificates together.
Teachers and lecturers teaching in a joint vocational training programme must be qualified in accordance with foreign laws if the training follows the foreign vocational training programme; or in accordance with Vietnamese laws if the training follows the joint vocational training programme set up by both parties.
Additionally, the circular also provides forms such as a request for approval of a joint vocational training project, request for a permit of establishment of vocational training colleges, vocational intermediate schools and vocational training centres, plus request for registration of a vocational training operation and the like.
The Circular takes effect from December 2, 2013 and replaces provisions on issuance of certificates on vocational training registration to foreign invested vocational colleges, vocational intermediate schools and vocational training centres in MOLISA Circular 29/2011/TT-BLDTBXH, dated October 24, 2011.