Vietnam: Principal contents of a vocational training contract

This is a notable content of Decree No. 139/2006/NĐ-CP detailing and guiding the implementation of a number of articles of the Education Law and the Labor Code of Vietnam regarding vocational training.

hợp đồng học nghề, Nghị định 139/2006/NĐ-CP

Specifically, according to Decree No. 139/2006/NĐ-CP of Vietnam’s Government, a vocational training contract means an agreement on rights and obligations between the head of the vocational training institution and a trainee. The following cases require the conclusion of written vocational training contracts:

- Vocational training of primary degree;

- Vocational training at foreign-invested vocational training institutions;

- Enterprises recruit trainees who will then work for them.

Thus, a vocational training contract has the following principal contents:

- The name of the vocation to be trained in, the expected professional skills;

- The training and internship places;

- The duration of the course;

- The training fee level and mode of fee payment;

- The responsibility of each party to pay damages for contract breaches.

Apart from the above principal contents, the two parties may reach agreement on other contents suitable with practical conditions but not in contravention of law and social ethics.

Moreover, when an enterprise recruits trainees who then work for it, a vocational training contract must, apart from the contents defined above, have the following contents:

- The trainee's commitment on the working duration at the enterprise;

- The enterprise's commitment on the conclusion of a labor contract after training;

- The payment of remunerations to a trainee who directly makes products or participates in making products for the enterprise during the time of training.

A vocational training contract in the form of occupation coaching at an enterprise must, apart from the contents specified in Clause 1 of this Article, contain agreement on the time for starting payment of remuneration and remuneration level for the trainee in each period.

View details at Decree No. 139/2006/NĐ-CP of Vietnam’s Government, effective from January 11, 2007.

Ty Na

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