Some issues relating to apprenticeship and practical training under labor law

In the context of an increasingly dynamic and rapidly evolving labor market, workplace-based vocational training plays a crucial role in preparing a workforce that meets the practical needs of enterprises. Under the applicable Labor Code, employees have the right to receive vocational training, enhance their professional skills, and access training programs aligned with their personal career development goals. 

However, in practice, many enterprises and employees have either not yet engaged with these forms of training or, if they have, encounter difficulties in distinguishing between the concepts of “apprenticeship” and “practical training.” This article aims to clarify the relevant legal regulations, differentiate between vocational training and internship and highlight key considerations for both employers and employees when implementing such training programs in accordance with the legal regulations and actual demands. 

Definition and purpose of apprenticeship and practical training for employers 

The concepts of apprenticeship and practical training are stipulated in Article 61 of the Labor Code 2019: 

• Apprenticeships for working for an employer mean the employer recruits individuals to undergo vocational training at the workplace. 

• Practical training for working for an employer means the employer recruits individuals to guide them in practicing tasks and training for specific job positions at the workplace. 

In general, both apprenticeship and practical training are forms of vocational training targeting employees, with the common objectives of: 

• Enhancing, updating, and improving professional knowledge and skills.

• Equipping and strengthening the capacity to perform occupations. 

• Supplementing new knowledge and completing professional standards to enhance professional knowledge, skills, and attitudes. 

From the employer’s perspective, vocational training through apprenticeship and practical training plays a significant role in: 

• Proactively developing a workforce aligned with the actual production and business needs of the enterprise. 

• Helping employees familiarize themselves with the job, operational processes, and corporate culture from the early stages. 

• Assessing employees’ competencies and attitudes during the apprenticeship or practical training as a basis for official recruitment decisions. 

• Saving costs on recruitment, retraining, and onboarding time for new employees. 

• Strengthening the bond and responsibility between employees and employers from the apprenticeship or practical training stage, thereby contributing to building a stable and long-term workforce. 

• Enhancing the enterprise’s competitive advantage through a workforce with vocational skills trained to meet actual production requirements. 

2. Distinction between apprenticeship and practical training 

Based on applicable legal regulations, it is difficult to clearly distinguish between apprenticeship and practical training. However, through research, these two forms can be differentiated based on the following criteria: 

3. Some notes regarding apprenticeship and practical training 

i. The employer and the employee must enter into a training contract in accordance with the Law on Vocational Education⁽³⁾ which must include:⁽⁴⁾ 

• The name of the occupation or the skills to be achieved;

• The training location; 

• The duration of the course;

• Tuition fees and payment methods. However, employers are prohibited from charging tuition fees during practical training.⁽⁵⁾ 

• Liability for damages in case of contractual breaches by either party;

• Termination of the contract; 

• Other agreements that are not contrary to the law and social ethics. 

ii. Employees must be at least 14 years old and possess sufficient health to meet the requirements of the apprenticeship or practical training. If the work involves occupations or tasks classified as heavy, hazardous, or dangerous (or particularly heavy, hazardous, or dangerous) as prescribed by the Minister of Labor, Invalids and Social Affairs, the employee must be at least 18 years old.⁽⁶⁾ 

iii. Employers must ensure compliance with training time and scheduling requirements during the apprenticeship or practical training, specifically: 

• Training time must align with the requirements of each training program, including vocational knowledge sessions, soft skills sessions, practical vocational training sessions, and assessments before, during, and after the course. Practical vocational training must account for at least 80% of the total course time.⁽⁷⁾ 

• Daily schedules can be flexibly arranged (working days, weekends, or holidays) depending on the learners’ needs and must be specified in the training plan for each course or class.⁽⁸⁾ 

• Maximum training time per evening session is 5 hours, and per day is 8 hours.⁽⁹⁾ 

• Training plans must be flexible, suitable for learners, and adapted to regional characteristics while ensuring the content of the training program is completed.⁽¹⁰⁾ 

iv. During the apprenticeship or practical training, if the employee directly or indirectly performs work, the employer must pay a salary based on mutual agreement between the two parties.⁽¹¹⁾ 

v. Upon completion of the apprenticeship or practical training, if all conditions under the Labor Code are met, the employer and the employee must enter into a labor contract.⁽¹²⁾ Accordingly, the employer should ensure that a suitable job position matching the employee’s acquired skills is prepared after the training period. 

⁽¹⁾ Clause 2 Article 61 of the Labor Code 2019.

⁽²⁾ Clause 1, Article 41 of the Law on Vocational Education 2014. 

⁽³⁾ Clause 3, Article 61 of the Labor Code 2019. 

⁽⁴⁾ Clause 2, Article 39 of the Law on Vocational Education 2014.

⁽⁵⁾ Clause 3, Article 61 of the Labor Code 2019. 

⁽⁶⁾ Clause 2, Article 61 of the Labor Code 2019. 

⁽⁷⁾ Clause 1, Article 9 of Circular No. 43/2015/TT-BLDTBXH. 

⁽⁸⁾ Clause 2, Article 9 of Circular No. 43/2015/TT-BLDTBXH. 

⁽⁹⁾ Clause 3, Article 9 of Circular No. 43/2015/TT-BLDTBXH. 

⁽¹⁰⁾ Clause 4, Article 9 of Circular No. 43/2015/TT-BLDTBXH. 

⁽¹¹⁾ Clause 5, Article 61 of the Labor Code 2019. 

⁽¹²⁾ Clause 6, Article 61 of the Labor Code 2019. 

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