Regulations on basic and advanced occupational training in Vietnam

 Regulations on basic and advanced occupational training in Vietnam (Internet image)

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

1. Regulations on basic and advanced occupational training in Vietnam

According to Article 59 of the Labor Code 2019, basic and advanced occupational training are as follows:

- Workers are entitled to have vocational training; participate in national assessment and recognition of occupational skills, develop occupational skills that are suitable for their desires and abilities.

- The State encourages eligible employers to provide basic and advanced occupational training for their employees and other employees by:

+ Establishing occupational training centers or classes at the workplace in order to train, retrain and develop occupational skills of the employees; cooperating with vocational education institutions in providing occupational training at basic, intermediate and college level, and other occupational training programs as per regulations;

+ Carrying out vocational assessments; participating in the occupational training council; forecasting labor demand and develop the occupational standards; organizing the assessment and recognition of occupational skills; developing professional capacity of employees.

2. Regulations on trainees and apprentices in Vietnam

- 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.

- 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.

- 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.

- 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.

- 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.

- Upon the expiry of the apprenticeship or traineeship period, both parties must enter into an employment contract if the conditions stipulated in the Labor Code 2019 are satisfied.

(Article 61 of the Labor Code 2019)

3. Contents of the vocational training contract in Vietnam

According to Clause 2, Article 62 of the Labor Code 2019, a vocational training contract shall have the following major contents:

- The occupation in which training is provided;

- Location, time of training and salary for the training period;

- The work commitment period after training;

- The training costs and responsibility for reimbursement thereof;

- Responsibilities of the employer;

- Responsibilities of the employee.

Nguyen Ngoc Que Anh

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