Rights and obligations of enterprises in vocational education in Vietnam

Rights and obligations of enterprises in vocational education in Vietnam (Internet image)

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

1. Rights of enterprises in vocational education in Vietnam

According to Article 51 of the Law on Vocational Education 2014, the rights of enterprises in vocational education are stipulated as follows:

- Establish a vocational education institution to provide direct human resources for the business of the enterprise and the social.

- Register vocational education operation to provide elementary-level vocational training and continuing training programs as prescribed in Point a, b, c and d Clause 1 Article 40 of the Law on Vocational Education 2014 for workers in the enterprise and other workers; receive training funding for the disabled studying and working in the enterprise.

- Cooperate with other vocational education institutions to provide elementary-level, intermediate-level, or colleges and continuing training programs.

- Participate in the formulation of training curriculum and materials; teach, give probation, or assess learning outcomes of students in vocational education institutions.

- Expenditures on vocational training operation of the enterprise shall be subtracted from taxable income in accordance with regulations of law on taxation.

2. Obligations of enterprises in vocational education in Vietnam

Obligations of enterprises in vocational education in Vietnam are as follows:

- Provide information about demand for training and use of workers in the enterprise according to disciplines and demand for employment annually for the vocational education authority.

- Provide training or place an order with vocational education institution in order to train the employed people to work for the enterprise.

- Fulfill all obligations as agreed in the contract of training association with the vocational education institution.

- Participate in the formulation of training curriculum and materials; teach, give probation, or assess learning outcomes of learners in vocational education institutions; take learners or teaching staff to visiting, practicing, or receive probation in order to improve their vocational skilled according to its contract concluded with the vocational education institution.

- Pay salaries or wages to students or who directly or indirectly make the products meeting specification over the duration of training, practice, or probation at the enterprise as agreed.

- Cooperate with the vocational education institution in the training, provision of refresher courses for workers of the enterprise.

- Enable the workers of the enterprise to attend in-service training courses to improve their vocational skills as prescribed in law on labor.

- Only use skilled workers or workers obtaining the certificate in national vocational skills with regard to jobs in the List provided by the Minister of Labor, War Invalids and Social Affairs.

- The Government shall provide guidance on rights and obligations of the enterprise in the vocational education.

(Article 52 of the Law on Vocational Education 2014)

3. What are the policies applied to learners in Vietnam? 

Apprentices are entitled to the following policies:

(1) The learners shall benefit from policies on scholarship, social allowances, appointed students, educational credit, exemption or reduction in public service charges as prescribed in Article 89, 90, 91 and 92 of the Law on Education 2019.

(2) The learners shall be exempt from tuition fees by the State in the following cases:

- The learners studding at intermediate-level or college-level who are the people with meritorious services to the Resolution and their relatives as prescribed in law on preferential treatment for the people with meritorious to the Resolution; ethnic minorities in poverty or near poverty households; ethnic minorities in the disadvantaged areas or severely disadvantaged areas; helpless orphans;

- The lower-secondary graduates continuing to learn intermediate-level;

- The learners studying in disciplines facing difficulty in enrollment at intermediate-level or college-level but they are required by the social according to the List provided by the Head of vocational education authority; learners studying in special disciplines meeting the requirements pertaining to socio-economic development and national defense and security as prescribed in regulations of the Government.

(3) The learners who are women, rural area workers and following training programs at elementary-level and training programs lasting for under 03 months shall be provided training fees as prescribed in regulations of the Prime Minister.

(4) Boarding ethnic lower-secondary school graduates, boarding ethnic upper-secondary school graduates, including those enrolled by public vocational training schools or colleges without entrance examinations.

(5) The learners who are ethnics in poverty or near poverty households, the disabled; the learners who are Kinh ethnics in poverty or near poverty households or the disabled whose normal residence in the severely disadvantaged areas, ethnic minority areas, border or island areas; the students of boarding ethnic upper-secondary schools following training programs at the intermediate-level or college-level shall benefit from policies on boarding schools as prescribed in regulations of the Prime Minister.

(6) During the learning, if the learners do military services or fail to keep learning or working due to their sickness, accidents, unhealthy maternity or their families in difficulties, they may reserve study results and resume the study then. The time limit for the reserve of study results does not exceed 05 years.

(7) The knowledge and skills that learners accumulate during the work and results of modules, credits, subjects which they had accumulated in the learning process at the levels of vocational education shall be recognized and be not required to learn them again in other training programs.

(8) The graduates shall benefit from the following policies:

- They are employed by authorities, socio-political organizations, public service agencies, the armed forces as prescribed; the learners obtaining at least very good graduation degrees;

- Receive salaries as agreed with the employer according to their positions, competence, efficiency provided that they are not lower than the basic salaries, minimum wages or starting salaries with regard to jobs or positions as required intermediate-level or college-level as prescribed in regulations of law.

(Article 62 of the Law on Vocational Education 2014)

Nguyen Ngoc Que Anh

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