From February 13, 2023: what are the amendments to the regulations on vocational education and training accreditation in Vietnam?
- What are the amendments to the procedures for issuance and re-issuance of certificate of eligibility for accreditation in Vietnam?
- What are the amendments to the authority to issue certificate of eligibility for accreditation in Vietnam?
- What are the amendments to the revocation of certificate of eligibility for accreditation in Vietnam?
What are the amendments to the procedures for issuance and re-issuance of certificate of eligibility for accreditation in Vietnam?
According to Clause 2 and Article 1 of Decree 4/2023/ND-CP, the following procedures for issuance and re-issuance of certificate of eligibility for accreditation in Vietnam are amended and supplemented:
Amending and supplementing a number of articles of the Government's Decree 49/2018/ND-CP dated March 30, 2018 regulating the accreditation of vocational education quality, which has been amended and supplemented with a number of articles according to the provisions of this Decree. The Government's Decree 140/2018/ND-CP dated October 8, 2018 amending and supplementing Decrees related to business investment conditions and administrative procedures within the scope of housing management country of the Ministry of Labor, War Invalids, and Social Affairs
...
2. To amend and supplement Article 8 as follows:
a) Points b, c, and d of Clause 1 are amended as follows:
"b) A copy of the establishment decision, for non-business units;
c) Documents about the person directly in charge of vocational education and training accreditation activities of the accrediting organization: decision on appointment of the person directly in charge of vocational education and training accreditation activities;
d) Documents on the inspection body's inspector: copies of labor contracts or working contracts signed between the accrediting organization and the inspector;
b) To amend and supplement Points a, b, c, and Clause 4 as follows:
"a) Organizations wishing to issue or re-issue the certificate of eligibility for accreditation shall submit one set of dossiers as prescribed to the General Department of Vocational Education and Training directly at the One-Stop Department or through the postal service, or submit online at the National Public Service Portal or the Public Service Portal of the Ministry of Labour, Invalids, and Social Affairs;
b) Within 30 working days from the date of receipt of a complete and valid application, based on the provisions of Clauses 1 and 2, Article 8 of this Decree, the General Department of Vocational Education shall appraise it and submit it to the Director General. The General Department of Vocational Education shall issue the certificate of eligibility for accreditation (Form No. 02, specified in Appendix I to this Decree). In case the dossier is invalid, within five working days from the date of receipt of the dossier, the General Department of Vocational Education and Training shall send a written reply to the organization that wishes to issue the certificate of eligibility for accreditation specify and clearly state the reasons;
c) Within 15 working days from the date of receipt of complete and valid dossiers, based on the provisions of Clauses 1 and 2, Article 8 of this Decree, the General Department of Vocational Education shall appraise them and submit them to the Director General. The General Department of Vocational Education and Training shall reissue the certificate of eligibility for accreditation (Form No. 02 specified in Appendix I to this Decree). In case the application is invalid, within five working days from the date of receipt of the application, the General Department of Vocational Education and Training shall send a written reply to the organization wishing to reissue the certificate of eligibility for accreditation. "Verify and state the reason clearly;"
Accordingly, the above regulation has allowed the submission of applications for the issuance and reissuance of the certificate of eligibility for accreditation through online forms, namely the public service portal.
Before submitting dossiers, organizations and individuals can only do so in two ways: in person or by mail.
From February 13, 2023: what are the amendments to the regulations on vocational education and training accreditation in Vietnam?
What are the amendments to the authority to issue certificate of eligibility for accreditation in Vietnam?
Pursuant to Article 7 of Decree 49/2018/ND-CP, it stipulates as follows:
Power to issue, reissue and revoke the certificate of eligibility for accreditation; suspension of vocational education and training accreditation
The Minister of Labor, War Invalids and Social Affairs shall issue, reissue and revoke the certificate of eligibility for accreditation and suspend vocational education and training accreditation.
Pursuant to Clause 1, Article 1 of Decree 4/2023/ND-CP stipulates as follows:
Amending and supplementing a number of articles of the Government's Decree No. 49/2018/ND-CP dated March 30, 2018 regulating the accreditation of vocational education quality, which has been amended and supplemented with a number of articles according to the provisions of this Decree. The Government's Decree No. 140/2018/ND-CP dated October 8, 2018 amending and supplementing Decrees related to business investment conditions and administrative procedures within the scope of housing management country of the Ministry of Labor, War Invalids, and Social Affairs
1. To amend and supplement Article 7 as follows:
"Article 7. Power to issue, reissue and revoke the certificate of eligibility for accreditation; suspension of vocational education and training accreditation
The Director General of the General Department of Vocational Education shall grant, reissue, and revoke the Certificate of Eligibility for Accrediting Activities, as well as suspend vocational education and training accreditation activities."
According to the above regulations, Decree 4/2023/ND-CP has changed the authority to issue certificates of vocational education.
Specifically, from the effective date of Decree 4/2023/ND-CP, the Director General of the General Department of Vocational Education and Training has the authority to grant, re-issue, and revoke the Certificate of Eligibility for Accreditation and suspend quality accreditation activities in vocational education.
What are the amendments to the revocation of certificate of eligibility for accreditation in Vietnam?
Pursuant to the provisions at Point a, Clause 3, Article 1 of Decree 4/2023/ND-CP, as follows:
Amending and supplementing a number of articles of the Government's Decree No. 49/2018/ND-CP dated March 30, 2018 regulating the accreditation of vocational education quality, which has been amended and supplemented with a number of articles according to the provisions of this Decree. The Government's Decree No. 140/2018/ND-CP dated October 8, 2018 amending and supplementing Decrees related to business investment conditions and administrative procedures within the scope of housing management country of the Ministry of Labor, War Invalids, and Social Affairs
....
3. To amend and supplement Article 9 as follows:
a) Amend point a, clause 3, as follows:
"a) Within 10 working days from the date of receipt of the conclusion of the competent authority, as prescribed in Article 26 of this Decree, on the violations of the inspection organization specified in Clause 1 and Article 9 of this Decree. In this decree, the director general of the general department of vocational education decides to suspend quality accreditation activities in vocational education;
Accordingly, Decree 4/2023/ND-CP has also changed the authority to decide to suspend vocational education and training accreditation activities.
From February 13, 2023, the authority to decide to suspend vocational education accreditation activities belongs to the Director General of the General Department of Vocational Education.
(Instead of being the Minister of Labor, Invalids, and Social Affairs under Decree 49/2018/ND-CP)
LawNet
