In the previous part, we had an overview of Vietnamese law regarding the teaching short courses in Vietnam, about two types of regular training and elementary level training as well as some fundamental difference between them. In this section, Apolat Legal will focus on several legal conditions to give readers a better understanding of the two types of short-term training as well as help investors better prepare for better compliance with regulations on teaching short courses in Vietnam in the future.
2. Conditions on the teaching subject
For both types of regular and elementary level training, a prerequisite for an enterprise to conduct teaching is that the expected training content must belong to their production and business activities. In addition, that enterprise must also have the appropriate business line in providing training. For example: An enterprise wanting to teach an elementary level graphics design course must have business lines related to it and the business line of providing elementary level training.
If the enterprise does not yet have the business lines corresponding to the expected training content, the enterprise can carry out legal procedures to supplement those business lines. For foreign investors, it is necessary to pay attention to the market access conditions for each business lines intended to register to accurately determine the courses to teach.
3. Conditions on student enrollment
3.1 Subjects of enrollment
The general condition for the candidates to enroll are those who are full 15 (fifteen) years of age or older, have educational qualifications and health suitable for the profession to be studied. However, there are also the following exceptions:
- It is allowed to enroll people under 15 years of age if they are training in specific occupations in the list promulgated by the Ministry of Culture, Sports and Tourism after obtaining the consent of the Ministry of Labor, War Invalids and Social Affairs.
- For regular training programs for employers in the form of apprenticeships, it is allowed to enroll people who are full 14 (fourteen) years of age and must be healthy enough to meet the requirements of the profession.
3.2 Scale of enrollment
According to current regulations, there is no limit on the scale of enrollment in a certain time frame for regular training. But according to the regulations on elementary level training, a teacher can only teach a maximum of 25 students in a year, which limits the maximum number of annual enrollments. Example: With 3 teachers, the maximum enrollment scale will be 75 students annually.
4. Conditions on the facilities
Having teaching equipment and facilities suitable for the teaching profession, number of students and teaching time is a mandatory requirement under the law that investors must prepare before carrying out the procedures to obtain the permission to teach and maintain throughout the teaching period. In particular, for elementary level training, it is necessary to ensure that the average area of theoretical classrooms and practice workshops must be at least 04 square meter/seat.
The current law does not have a detailed explanation of the criteria that facilities must meet to be considered suitable for the teaching profession. This suitability will be based on the assessment of the state agency during the licensing or inspection process after considering the legality, actual conditions as well as the process of using the such facilities. Investors must prepare documents such as purchase and sale contracts, invoices, acceptance and liquidation minutes along with a detailed use plans regarding teaching facilities and equipment in order to be able to apply for a license to provide vocational education as well as present to state agencies upon request.
5. Conditions on the teachers
For regular training, teachers must have a national vocational skill certificate of level 2/5 or a certificate of worker level 3/7, 2/6 or higher, being provincial or village artisans, being a good agricultural producer at district level, who has directly worked in the profession for 5 years or more and has a certificate of teaching skills to directly teach the training profession.
For elementary level training, it is required by law to meet four main criteria: professional capacity, pedagogical capacity and professional development capacity. Each criterion has standards that teachers need to meet. There are four critical standards that teachers need to pay special attention to:
5.1 Qualification standard: Teachers are required to meet the following conditions:
- Possessing a diploma of professional intermediate level or vocational intermediate level or higher, having a professional major suitable to the teaching profession or having one of the certificates of vocational skills suitable to the teaching profession at the elementary level such as: National vocational skill certificate level 1 or certificate of worker level 3/7, 2/6 or certificate of artisans at the provincial or centrally-run city level or equivalent or higher.
- Master the knowledge of the assigned teaching module.
- Have knowledge of relevant modules in the profession.
- Knowledge of professional practice and mastery of occupational safety and health techniques of the assigned profession.
- Competently perform the vocational skills specified in the assigned module program.
- Know how to organize the production and service of the assigned profession.
5.2 Foreign language standard: Teachers must have the ability to use foreign languages in performing their duties as elementary level teachers according to the job position requirements prescribed by the head of the elementary level training institution.
5.3 Computer literacy standard: Having the ability to apply information technology in performing the tasks of elementary level teachers according to the job position requirements prescribed by the head of the elementary level training institution.
5.4 Pedagogical qualifications and teaching time qualifications: Teachers are required to have a vocational pedagogical certificate in teaching elementary level or a certificate of pedagogical training at level 1 or a certificate of professional skills in teaching at elementary level or equivalent or higher. In addition, teachers need to have been involved in teaching for at least 6 months.
6. Conditions on training programs and textbooks
6.1 Regarding regular training:
The head of the regular training institution has the autonomy and is solely responsible for organizing the formulation or may select training programs, textbooks and documents for approval and inclusion in the training. The training program must be publicized at the headquarter, training facilities, in the enrollment notice or on the website of the training institution or on the mass media. The structure and content of the programs and the textbooks must meet the requirements of the law.
6.2 Regarding elementary level training
The law has specific provisions on the requirements, content and structure of the program and textbook. The development, appraisal and issuance of the program and textbook must follow the process prescribed by law, specifically as follows:
- Regarding the training program, the head of the training institution must set up the Program Development Board and the Program Appraisal Council, each organization consists of 5 to 7 members and no one is both a member of the Development Board and a member of the Appraisal Council. The Board will be responsible for designing, compiling and finalizing the draft program. The Council will evaluate this draft, and report the evaluation results to the head of the training institution for approval and issuance of the program.
- Regarding the training textbook, the head of the training institution must set up the Textbook Development Team and the Textbook Appraisal Council, each organization consists of 5 to 7 members and no one is both a member of the Development Team and a member of the Appraisal Council. The Team will be responsible for designing, compiling and finalizing the draft textbook. The Council will evaluate this draft, and report the evaluation results to the head of the training institution for approval and issuance of the textbook.
In addition, the institution must publicize its training programs and output standards of each training program to students and their families upon enrollment by posting them at the headquarter. training facilities, in the enrollment notice or on the website of the training institution or on the mass media.
At least once every 3 years, the program and textbook must be updated to conform to the defined output standards, the requirements of the employer, the changes in technology in the profession, and changes in the regulations of the state and the training institutions.
Apolat Legal hopes that investors through this publication have gained the background understanding as well as being better prepared in the process of developing a short-term course teaching career in Vietnam.
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.
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