What are the responsibilities of employers for provision of basic and advanced occupational training and occupational skill development in Vietnam?
- What are the responsibilities of employers for provision of basic and advanced occupational training and occupational skill development in Vietnam?
- In what cases does the employer have to sign an occupational training contract with an employee?
- During the traineeship period, does the employer have to pay salary to employees?
What are the responsibilities of employers for provision of basic and advanced occupational training and occupational skill development in Vietnam?
Pursuant to Article 60 of the 2019 Labor Code of Vietnam stipulating the responsibilities of employers for provision of basic and advanced occupational training and occupational skill development as follows:
Responsibilities of employers for provision of basic and advanced occupational training and occupational skill development
1. Employers shall develop annual basic and advanced occupation training and occupational skill development plans for their employees and allocate budget for implementation thereof; provide training for employees before reassigning them.
2. Employers shall submit annual reports on results of the basic and advanced occupational training and occupational skill development they provide to the provincial labor authority.
Thus, the responsibilities of employers for provision of basic and advanced occupational training and occupational skill development are specified as above.
What are the responsibilities of employers for provision of basic and advanced occupational training and occupational skill development in Vietnam? (Image from the Internet)
In what cases does the employer have to sign an occupational training contract with an employee?
According to Article 62 of the 2019 Labor Code of Vietnam on the occupational training contract between an employer and an employee, and occupational training costs as follows:
Occupational training contract between an employer and an employee, and occupational training costs
1. Both parties must enter into an occupational training contract in case the employee is provided with advanced training or retraining at home or abroad funded by the employer or sponsorship from the employer’s partner.
The occupational training contract shall be made into 02 copies, each of which shall be kept by a party.
2. A vocational training contract shall have the following major contents:
a) The occupation in which training is provided;
b) Location, time of training and salary for the training period;
c) The work commitment period after training;
d) The training costs and responsibility for reimbursement thereof;
dd) Responsibilities of the employer;
e) Responsibilities of the employee.
3. Training costs include those specified in valid documents on payments for trainers, training materials, training locations, equipment, practice materials, other supportive expenses for the learner, the salary, social insurance, health insurance and unemployment insurance premiums paid for the learner during the training period. In case the employee receives the training overseas, the training costs also include the travelling and living expenses during the training period.
Thus, according to regulations, both parties must enter into an occupational training contract in case the employee is provided with advanced training or retraining at home or abroad funded by the employer or sponsorship from the employer’s partner.
Note: The occupational training contract shall be made into 02 copies, each of which shall be kept by a party.
During the traineeship period, does the employer have to pay salary to employees?
According to the provisions of Article 61 of the 2019 Labor Code of Vietnam on trainees and apprentices as follows:
Trainees and apprentices
1. Trainees are employees who are recruited and trained by the employer at the work place in order to work for the employer. The traineeship duration varies according to the level of training as prescribed by the Law on Vocational education.
2. Apprentices are employees who are recruited and instructed to practice doing their work by the employer in order to work for the employer. The maximum duration of apprenticeship is 03 months.
3. An employer who recruits trainees or apprentices in order to employ them is not required to register such training activity, shall not charge fees for such training, and shall sign traineeship or apprenticeship contracts in accordance with the Law on Vocational education.
4. Every trainee and apprentice shall be at least 14 years of age and healthy enough for the traineeship or apprenticeship. Trainees and apprentices of the occupations on the list of laborious, toxic and dangerous occupations or the list of highly laborious, toxic and dangerous occupations promulgated by the Minister of Labor, War Invalids and Social Affairs shall be at least 18 years of age, except for arts and sports.
5. During the traineeship or apprenticeship period, if an apprentice or trainee directly performs or participates in performance of the work, he/she shall be paid a salary at a rate agreed by both parties.
6. Upon the expiry of the apprenticeship or traineeship period, both parties must enter into an employment contract if the conditions stipulated in this Labor Code are satisfied.
Thus, according to regulations, during the traineeship or apprenticeship period, if an apprentice or trainee directly performs or participates in performance of the work, he/she shall be paid a salary at a rate agreed by both parties.
Nguyễn Thị Hồng Nhung
