Contents of cross-border training contract in vocational education in Vietnam

Contents of cross-border training contract in vocational education in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is cross-border training?

According to Clause 1, Article 3 of Circular 05/2021/TT-BLDTBXH, cross-border training is the cooperation between the unit in charge of training cooperation and the unit in charge of training cooperation to organize the implementation of training programs granting college diplomas, intermediate diplomas and elementary certificates without forming a new legal entity.

2. Contents of cross-border training contract in vocational education in Vietnam

The cross-border training contract specifically stipulates the contents of the joint training; rights and responsibilities of the lead unit and the training coordination unit.

Specifically, in Article 6 of Circular 05/2021/TT-BLDTBXH, the content of the joint training contract in vocational education includes the following main contents:

- Name of industry, training level or training content; training time, location, scale and form of training association.

- Training program, quality assurance conditions for facilities and equipment for training.

- Training plan and schedule.

In case the training coordination unit is an enterprise, it is necessary to specify the location and time of training at the enterprise, and the training time at the unit in charge of training cooperation.

- Teachers participate in teaching and guiding; regime or salary for teachers and learners if they produce qualified products during practice or internship (if any).

- The duration of the joint training contract.

- Rights, obligations and responsibilities of the parties involving in cross-border training.

- Financing the implementation of joint training contracts.

- Other relevant content.

3. Rights and obligations of the parties involving in cross-border training in vocational education in Vietnam

3.1. Rights of the parties involving in cross-border training

Parties involving in cross-border training in vocational education have the following rights:

- Agree on the rate of collection of enrollment fees and tuition fees according to regulations.

In case a vocational education institution links training with an enterprise or an enterprise associates with a vocational education institution, then the two parties agree on the salary and wages for learners and teachers who directly or indirectly participate in product-making activities during the training, practice, or internship period at the enterprise.

- Negotiate and sign a contract for joint training as prescribed in Section 2.

(Article 7 of Circular 05/2021/TT-BLDTBXH)

3.2. Obligations of the parties involving in cross-border training in Vietnam

* Unit in charge of the training association

- Registering vocational education activities or additionally registering vocational education activities for the professions intended to be associated with training in accordance with the provisions of Decree 143/2016/NĐ-CP; Decree 140/2018/NĐ-CP.

In case the association only trains one or a number of learning contents in the training program, there is no need to register for additional vocational education activities;

- Presiding over the implementation of enrollment work according to the provisions of Circular 05/2021/TT-BLDTBXH;

- Assuming the prime responsibility for organizing training, quality management, assessment, and recognition of learning outcomes for learners according to the provisions of Circular 04/2022/TT-BLĐTBXH; Circular 42/2015/TT-BLĐTBXH và Circular 34/2018/TT-BLĐTBXH; Circular 43/2015/TT-BLĐTBXH; Circular 07/2017/TT-BLĐTBXH; Circular 08/2017/TT-BLĐTBXH và Circular 21/2020/TT-BLĐTBXH; Circular 31/2017/TT-BLĐTBXH;

- Organizing the management and issuance of diplomas and certificates to learners after graduating from joint training programs as prescribed in Circular 10/2017/TT-BLĐTBXH và Circular 24/2020/TT-BLĐTBXH; Circular 42/2015/TT-BLĐTBXH và Circular 34/2018/TT-BLĐTBXH;

- The head of the unit in charge of training cooperation shall issue a decision on enrollment for training cooperation when meeting the requirements for implementation of training cooperation.

The decision on enrollment for joint training must clearly state the name of the industry, profession, level and form of training, subjects, and forms of enrollment.

(Clause 1, Article 8 of Circular 05/2021/TT-BLDTBXH)

* The training coordination unit is responsible

- Coordinating with the unit in charge of training cooperation to fully prepare the quality assurance conditions to participate in organizing joint training activities as agreed in the joint training contract between the two units;

- Coordinating to monitor and supervise the implementation of the training plan and the organization of teaching and learning, and promptly report to the unit in charge of training any signs of misconduct for timely correction.

(Clause 2, Article 8 of Circular 05/2021/TT-BLDTBXH)

Thanh Rin

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