Circular No. 06/2017/TT-BLDTBXH dated March 8, 2017, on recruitment, employment, and training applicable to vocational education teachers

CIRCULAR

ON RECRUITMENT, EMPLOYMENT, AND TRAINING APPLICABLE TO VOCATIONAL EDUCATION TEACHERS

Pursuant to Law on vocational education dated November 27, 2014;

Pursuant to Law on public employees dated January 15, 2010;

Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government's Decree No. 48/2015/ND-CP dated May 15, 2015 on guidelines for Law on vocational education;

Pursuant to the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment, and management of public employees;

At the request of Director General of General Department of Vocational Education;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on recruitment, employment, and training applicable to vocational education teachers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular deals with recruitment, employment, standardized and advanced training programs applicable to vocational education teachers in junior colleges, post-secondary schools, and vocational education centers (hereinafter referred to as vocational education institutions). Private and foreign-invested vocational education institutions shall not apply regulations on recruitment and employment in this Circular.

2. This Circular applies to teachers in vocational education institutions; and other relevant agencies, organizations, and individuals.

3. This Circular shall not apply to pedagogical institutions and teachers of pedagogy under scope of management of the Ministry of Education and Training.

Article 2. Duties and entitlements of teachers sent to undergo training programs

1. Teachers sent to undergo standardized or advanced training programs (hereinafter referred to as training courses) shall complete the programs and study plan during the given training period; comply with regulations of law, internal regulations of training institutions; store and protect property of the training institutions.

2. Teachers in public vocational education institutions that are sent to undergo training programs shall be paid full salaries and other benefits as prescribed by law.

3. Teachers in private vocational education institutions and foreign-invested vocational education institutions that undergo training courses shall be eligible for rights and interests as prescribed by law.

4. A teacher shall, upon his/her participation in a training course, make a commitment of his/her service time in the managing entity after completion of the training course as prescribed by law.

5. A teacher sent to undergo training courses or probation at an enterprise or a specialized agency shall store and send a report of draft and outcomes of training or probation.

Article 3. Funding

1. With regard to public non-business units that undertake autonomy in the whole of capital expenditure and recurrent expenditures, and units that undertake autonomy in recurrent expenditures: Funding for training activities shall be financed from their revenue sources of public administration services and other sources (if any).

2. With regard to non-business units that under take autonomy in a part of recurrent expenditures: Funding for training activities shall be financed from state budget sources according to the roadmap for calculating public administration services, their revenue sources of training services and other sources (if any).

3. With regard to units financed by the State: Funding for training activities shall be financed by state budget and other sources (if any).

4. With regard to private and foreign-invested vocational education institutions: Funding for training activities shall be financed from their revenue sources which shall be included in training costs.

Chapter II

RECRUITMENT AND EMPLOYMENT OF TEACHERS

Article 4. Recruitment

The recruitment of teachers shall be consistent with Chapter II the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment, and management of public employees, Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs on guidelines for recruitment, conclusion of labor contracts and reimbursement for training costs applicable to public employees and Circular No. 16/2012/TT-BNV dated December 28, 2012 of the Ministry of Home Affairs on promulgation of Regulation on examinations, assessment of public employees; Regulation on examinations for the purpose of promotion of professional titles taken by public employees and internal regulations thereof. The recruitment and employment of public employees shall ensure the quantity, proportion, and standards for public employee titles according to positions.

Article 5. Employment

1. Recruits as teachers at advanced, intermediate, and elementary level must undergo probation as prescribed in Article 20 of the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment, and management of public employees. A probation period of 12 months shall apply to teachers at advanced and intermediate levels, and a probation period of 6 months shall apply to teachers at elementary level.

2. Each vocational education institution shall employ teachers qualified as prescribed and in accordance with their training fields or in accordance with their labor contracts.

Chapter III

TRAINING PROGRAMS

Article 6. Types of training programs

1. Standardized training program means a type of training with the purpose of standardizing teachers in terms of professional competence and knowledge; standardizing professional titles and other matters as prescribed by law.

2. Advanced training program means a type of training with the purpose of improving teachers in terms of professional qualifications, professional skills, pedagogy, foreign language, and information technology competence and other matters to meet the requirements for profession development.

3. Teacher’s probation at enterprise or specialized agency means a type of training with the purpose of updating knowledge, technology, production management methods, and practicing skills in reality and business.

Article 7. Requirements for contents of training program

Contents of training program must meet the following requirements:

1. The contents reflect training objectives; stipulate learners’ qualifications after completion of the courses; scope and structure of contents, methods, and forms of training; performance assessment after completion of the courses;

2. The contents shall be periodically updated in conformity with technology in business.

Article 8. Formulation, assessment, and promulgation of training programs

1. Establish an executive board in charge of formulating general outlines, designing general program, and compiling detailed program. Duties, entitlements, structure, composition, and standards for executive board’s members shall be specified subject to each training program.

2. Establish an assessment council in charge of assessment before acceptance of training program. Duties, entitlements, structure, composition, and standards for assessment council’s members shall be specified subject to each training program.

3. The conclusion made by the assessment council upon its assessment before acceptance shall be basis for promulgating a training program.

Article 9. Modes and methods of training program

1. Modes: Full time, part time, in-service, and distance training.

2. Methods: Seminars; thematic training; reality research and survey; study visits; advanced probation and self-research for the purpose of improving qualifications.

Article 10. Use of training results

The training results shall be used for the purpose of assessing teachers' annual performance or assessing promotion or assessing the examinations of promotion of public employees; assessing for recognition of standards, and relevant policies.

Chapter IV

IMPLEMENTATION

Article 11. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Promulgate pedagogy training programs; templates of certificate and regulations of managing and issuing vocational pedagogy certificates to be used in prescribed training levels.

2. Promulgate standardized training programs of professional titles; templates of certificates and regulations of managing and issuing standardized vocational pedagogy certificates as prescribed.

Article 12. Responsibilities of General Department of Vocational Education

1. Provide vocational education institutions, Ministries, agencies, and local governments with guidelines for making training plans for vocational education teachers periodically and annually and cooperation mechanism.

2. Establish executive boards and assessment councils in charge of formulating, assessing, and checking before acceptance of training programs and materials for teachers.

3. Request the Ministry of Labor, War Invalids and Social Affairs to promulgates programs; templates of certificates and regulations of managing and issuing those certificates prescribed in Article 11 hereof.

4. Promulgate programs; templates of certificates and regulations of managing and issuing certificates of training programs other than those prescribed in Article 11 hereof to vocational education teachers.

5. Instruct and inspect the implementation of regulations of this Circular.

Article 13. Responsibilities of Ministries, ministerial-level agencies; People’s Committees of provinces and central-affiliated cities

1. Direct vocational education institutions within its scope of management to implement this Circular.

2. Make plans and budget estimates for the training periodically and annually, and then submit them to competent authorities for approval.

3. Manage, direct, inspect, and supervise the recruitment, employment, and training for teachers in vocational education institutions within its scope of management; send annual and irregular reports on the implementation of training activities to the Ministry of Labor, War Invalids and Social Affairs (via General Department of Vocational Education).

Article 14. Responsibilities of Services of Labor, War Invalids and Social Affairs

1. Assist the People’s Committees of provinces and central-affiliated cities to direct and instruct vocational education institutions within its scope of management to implement this Circular.

2. Make plans and budget estimates for the training for teachers in vocational education institutions within its scope of management periodically and annually, and then submit them to the People’s Committees of provinces and central-affiliated cities for approval.

3. Inspect the recruitment, employment, and training for teachers in vocational education institutions within its scope of management; send annual and irregular reports on the implementation of the recruitment, employment, and training to People’s Committees of central-affiliated cities and provinces.

Article 15. Responsibilities of vocational education institutions

1. Make plans for recruitment, employment, and training periodically and annually, and then submit them to competent authorities for approval.

2. Instruct teachers sent to undergo training courses to make plans, drafts, and reports on performance. Ensure that teachers are trained regularly at intervals of 5 years or put on probation at enterprises or specialized agencies at intervals of 4 weeks in 1 year for teachers who teach college and intermediate levels and at intervals of 2 weeks in 1 year for teachers who teach elementary level.

3. Cooperate with other educational institutions and qualified enterprises or specialized agencies in providing training programs for teachers.

4. Send and enable teachers to participate in training courses provided by competent agencies and units; and encourage self-training activities.

5. Send periodical and annual reports on performance of recruitment, employment, and training of teachers as prescribed.

Article 16. Responsibilities of training providers

1. Training providers shall ensure the conditions required by each of training types and contents and obtain permission given by competent authorities.

2. Training providers must make training plans; manage the progress of learning, assessment and recognition of study outcomes of learners; report training results and issue certificates to learners as prescribed by the Ministry of Labor, War Invalids and Social Affairs (via General Department of Vocational Education).

Chapter V

IMPLEMENTATION

Article 17. Entry into force

1. This Circular comes into force from May 1, 2017.

2. Decision No. 57/2008/QD-BLDTBXH dated May 26, 2008 of the Minister of Labor, War Invalids and Social Affairs on promulgation of Regulations on employment and training of vocational education teachers; Circular No. 41/2015/TT-BLDTBXH dated October 20, 2015 of the Minister of Labor, War Invalids and Social Affairs on employment, standardized training programs, advanced training programs for teachers of elementary level shall cease to be effective from the effective date of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.