Conditions and procedures for applying for certificate of vocational education activities at elementary level

Vocational Education (‘VE’) is an educational level within the national education system aimed at providing primary, intermediate, and higher-level qualifications, as well as other vocational training programs for workers to meet direct labor needs in production, enterprise, and services. This is achieved through two forms: regular training and continuing education. Typically, vocational education programs combine theory and practical skills development, aiding learners not only in acquiring practical skills but also enhancing their ability to apply knowledge in real work situations. Due to these benefits, the demand for participation in vocational education programs is increasing, leading many enterprisees to choose vocational education as a primary focus for their enterprise activities. However, not every enterprise is allowed to engage in vocational education. In the limited scope of this article, the author will address issues related to the “Conditions and Procedures for Applying for a Certificate of Vocational Education Activities at the Elementary Level.” 

1. Conditions for Issuing a Certificate of Vocational Education Activities for Enterprises 

To be granted a certificate of registration for basic-level vocational education activities, enterprises must meet all the conditions specified in Article 14.1 of Decree 143/2016/ND-CP, as amended by Article 1.21 of Decree 24/2022/ND-CP, including:

  • Having adequate infrastructure and training equipment suitable for the profession, scale, and level of basic-level training. The area of theoretical classrooms, rooms, and practical workshops used for learning and teaching should ensure an average of at least 04 m2/learning space.  
  • Having sufficient training programs and curricula for each registered profession, which must be developed, appraised, and issued in accordance with the regulations of the Minister of the Ministry of Labor, War Invalids and Social Affairs. 
  • Having a team of teachers who meet the standards, possess professional qualifications, skills, and pedagogical expertise as required by law; ensuring the student-to-teacher ratio does not exceed 25 students per teacher; having in-house teachers for the organized training profession. 

Although the conditions are relatively straightforward as stipulated, in practice, meeting these conditions is not an easy task. In addition to checking the specified conditions, the Department of Labor – Invalids and Social Affairs (“DOLISA”) often examines other relevant factors, such as labor contracts, lease agreements for vocational education premises, labor regulations, collective labor agreements (if any), other documents related to teaching equipment; permits or records of fire safety inspections… 

2. Procedures for Applying for a Certificate of Vocational Education Activity 

At present, the procedures for applying for a Certificate of Vocational Education Activity are as follows: 

Step 1. Prepare the application dossier for the Certificate of Vocational Education Activity, including: 

  • Application for vocational education activity; 
  • Copy of the decision on establishment or permit for establishment or Enterprise Registration Certificate or investment registration certificate (if any);
  • Report on the conditions ensuring vocational education activities along with supporting documents;  
  • Copy of the charter or organizational regulations.

In addition, the enterprise needs to prepare additional relevant documents such as:

  • Original or copy of labor contracts valid for at least 24 months for teachers;  
  • Original or copy of lease contracts for the premises where vocational education activities take place, valid for at least 24 months, and a copy of the certificate of land use rights, ownership of houses, and other attached assets.
  • Contracts for the purchase of teaching and learning equipment, accompanied by purchase invoices. 

Step 2. Submit the application for Vocational Education Activities Certificate 

After preparing the necessary documents, the enterprise submits one set of documents, compiled and delivered to the Vocational Education Department – DOLISA at the location of the main office of the vocational education facility. 

Note: In cases of registering vocational education activities at branches or other training locations within the same province or centrally-run city, but different from the location of the main office, the enterprise should send one set of documents for registering vocational education activities to DOLISA at the location of the branch or other training location.  

Step 3. Inspection by the Inspection from DOLISA

Within 5-7 working days after submitting the documents, DOLISA organizes an inspection of the conditions ensuring vocational education activities, including conditions related to equipment, infrastructure, teachers, and content related to fire prevention and fighting at the facility. 

Step 4. Receive the Results 

Within 10 working days from the date of receiving a complete and valid dossier, if the facility meets the conditions for vocational education activities, DOLISA will issue a certificate of registration for vocational education activities. If the certificate is not issued, DOLISA will respond in writing within 5 working days, clearly stating the reasons.

3. Some considerations when operating Vocational Education  

After being granted the Certificate of Vocational Education Activity, the establishment has to keep one set of original or certified copies of all documents submitted to the DOLISA. 

In addition, the enterprise must prepare the following documents for storage and use in the operation of Vocational Education, including: 

  • Files and records for the primary training facility, including: Enrollment records, Training programs, Training plans, Class attendance records, Records of issuing primary certificates, Duplicate copies of primary certificates, Student management records (according to the Template in Circular 42/2015/TT-BLĐTBXH). 
  • Files and records for teachers and instructors, including: Lesson plans, Teacher’s notebooks (according to the Template in Circular 42/2015/TT-BLĐTBXH). 

Furthermore, the enterprise must regularly submit operational reports on Vocational Education activities to the DOLISA. 

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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