Vocational training is compulsory when receiving secondary education. In Japan, a graduate must have a certificate: an academic certificate, a vocational certificate, a certificate of business practice. In Germany, nearly 2/3 of German youth aged 16 to 19 after finishing grade 10 participate in a 3-year vocational training program. In the 90s, the country's economic sectors spent about 15 billion USD annually on vocational training and improving the skills of the workforce.
labor[24] . Not only China and France attach importance to the issue.
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Vocational training is a subject of many countries' laws and regulations on vocational training. Many countries also stipulate in their collective labor agreements the costs of vocational training, vocational training, salary regimes and social security during this period.
In short, in the trend of global integration along with the rapid and strong development of advanced technology, not only Vietnam but also most countries in the world are aware of the meaning, importance and position of vocational training and have adjusted them by legal means. All countries believe that this is an important part of the modern education system, vocational training must always be oriented towards the world of work, vocational training must be associated with job creation. In addition, vocational training in which vocational training centers are assessed as organizations with higher flexibility and adaptability than studying at school, in terms of subjects, career arrangement, time, content and learning methods.
With the significance and importance of vocational training, most countries have laws on vocational training in the labor law system or vocational training is regulated as a regime in the Labor Code and many countries also regulate it in collective labor agreements. Vietnam also
In line with the general trend of other countries in the world, vocational training has been regulated as a separate institution in the Labor Code.
CHAPTER 2
VOCATIONAL TEACHING AND TRAINING REGIME
PRACTICE IN VIETNAM
***
2.1. HISTORY OF FORMATION AND DEVELOPMENT OF THE VOCATIONAL TEACHING AND TRAINING SYSTEM.
2.1.1. Vocational training and education regime in the period 1945-1954.
2.1.1.1. Legal basis.
The period 1945-1954 was the period when Vietnamese labor law was born to serve the consolidation of the revolutionary government and the resistance war against French colonialism. This period was the early period of the young Vietnam when the August Revolution succeeded, the Government managed and operated the country in the condition that there were not many legal documents. On the basis of inheriting the current laws of the old regime, the government also promoted the promulgation of labor law documents, such as the Decree dated October 1, 1945 requiring industrial factories and commercial houses to give one month's notice to employees when they fired them, Decree 55/SL dated November 20, 1945 regulating the payment of wages to employees when taking May 1 off, Decree 64/SL dated May 8, 1946 promulgating the system of labor agencies in Vietnam. Most notably, the birth of the first Constitution on November 9, 1946, in which Articles 9, 13, and 14 regulate labor. This is a major event marking a major milestone in the constitutional history of our country. In 1947, the Government issued Decree 29/SL dated March 12, 1947 regulating labor regimes during employment between Vietnamese employers working in industrial workshops, mines, trading posts, and freelancers nationwide. In addition, in May 1950, the Government also issued important Decrees such as
Decree 76/SL dated May 20, 1950 stipulates the "Civil servant regime", Decree 77/SL dated May 22, 1950 stipulates the regime of workers assisting the Government during the resistance period. In addition, there are other Decrees, such as Decree 81/SL, Decree 91/SL, Decree 92/SL, Decree 94/SL, Decree 95/SL...
It can be said that the progress of building legal documents during this period was very fast, the volume of documents was large, inherited the advantages of old documents and improved the quality to suit the conditions at that time. In general, the above documents covered most of the provisions of the Labor Law. However, it must also be noted that during this period, there was no document that specifically regulated the vocational training regime, but this field was regulated and integrated into the employment field through Decree 29/SL dated March 12, 1947.
Decree 29/SL is the first important legal basis that laid the foundation for the recognition of the apprenticeship system. Although this Decree did not specifically stipulate the content of the project and the scale of vocational training development, through this Decree, the apprenticeship system was initially recognized. Decree 29/SL dated March 12, 1947 stipulated from Article 11 to Article 17 on apprenticeship. Accordingly, the concept of apprentice was also specifically defined, this is "a person who the employer has accepted to teach the profession and has committed to work for the employer, depending on the conditions and time limit agreed upon by both parties". In addition, the Decree also clearly stipulates the age of apprenticeship, the age of being an official worker. According to Article 12 of the Decree. "Children under 12 years old (according to the solar calendar) must not be used as apprentices. When they reach 18 years old, they must be considered an official worker". Apprentices who are over 18 years old but have not completed the period of study specified in the contract are not considered workers. Those who are over 18 years old and want to learn a trade and are accepted by the employer must also apply for a permit.
The Decree also specifically stipulates the responsibilities of enterprises in vocational training, strictly binding the obligations of enterprises towards apprentices: “Mining industry enterprises or trading establishments employing 30 or more professional workers are required to teach a number of apprentices equal to 1/10 of the number of professional workers. If one wishes to request an exemption, one must submit a written request to the competent authority stating the reasons.
labor agency and decided by the Minister of Labor” [8,81] . In addition, Decree
The decree also noted the principle of regulating the relationship between industrial enterprises, mines, and trading establishments (trainers) must be based on “voluntariness” and that between apprentices must be based on “consent” (Article 11 of Decree 29/SL).
2.1.1.2. Implementation practice.
Due to historical circumstances, our country was in a period of resistance and consolidation to maintain the government, at the same time the very young Democratic Republic of Vietnam had to shoulder important tasks: protecting the young national independence, at the same time eliminating feudal constraints, bringing land to the peasants, freedom and democracy to the people and building the country. Because of such conditions and circumstances, although the labor law system of this period was promulgated to regulate most of the provisions of the labor law, those documents were only implemented in a narrow scope or in a very short period of time. In the provisions of the Labor Law, the issue of vocational training and vocational training was also in the general trend at that time.
Vocational training and education activities during this period did not achieve positive results. The core and most basic thing was that at that time our country had just gained power and was consolidating its political system.
rights. Therefore, in society, the need for vocational training and vocational education has not been urgent. Workers have not yet realized the importance of vocational training and vocational education for themselves. Moreover, the State has not yet considered education and training, including vocational training and vocational education, as a national policy issue. On the other hand, all levels and sectors have not paid attention to the scale of vocational training, the standards for opening vocational training facilities, and there is no legal system sufficient in terms of quantity and quality to regulate this field. In addition, the apparatus for organizing vocational training and vocational training at all levels has not been implemented carefully, the tasks are not clear, there is no close coordination and connection between relevant units, so the work of vocational training and vocational education is still unfocused, isolated, scattered, and has many unreasonable points. Furthermore, we do not have a system of modern machinery, advanced technology, high techniques, so there is no need for a team of highly skilled technical workers. All of the above factors have hindered the development of vocational teaching and learning. It can be said that during this period, the environment for vocational teaching and learning encountered certain obstacles, hindering the work of vocational teaching and learning to lay the foundation for the future.
2.1.2. Vocational training and education regime in the period 1954-1985.
2.1.2.1. Legal basis.
This is the period when labor law focuses on implementing: building socialism in the North, fighting to liberate the South and building the country towards socialism. During this period, our State promulgated the Constitution on December 31, 1959 and the Constitution on December 18, 1980, which included provisions on basic principles in the field of labor and labor management. This is the most important legal basis for the Government to promulgate legal documents regulating labor protection, labor recruitment,
labor discipline, social insurance... In general, labor law in this period mainly focused on regulating labor relations in the state-owned economic sector with heavily subsidized content. To regulate labor relations, the State mainly used administrative measures to establish and regulate labor economic relations, paying little attention to the principles of voluntariness and equality of employees, employers and the autonomy of grassroots economic units. Regarding vocational training for workers, our State issued a series of the following documents:
- Circular 29/LD-TT dated January 20, 1958 temporarily regulating vocational training regime.
- Circular 20/LD-TT dated June 10, 1959 stipulates principles and measures for selecting workers for supplementary training and new worker training at state-owned production establishments, basic construction sites and vocational training abroad.
- Circular 15/LD-TT dated August 10, 1961 guiding the development and synthesis of plans for additional workers and plans for recruiting and training technical workers.
- Circular 60/TTg dated June 1, 1962 of the Prime Minister regulating the vocational training and training regime for technical workers.
- Circular 15/LD-TT dated August 15, 1962 explains and guides the implementation of Circular 60/TTg.
- Circular 03/TTg dated January 11, 1964 of the Prime Minister stipulates standards for selecting teachers to teach and tutor.
- Resolution 109/CP dated March 12, 1981 stipulates tasks, directions, policies and measures for developing vocational training.
- Decree 129/HDBT dated October 8, 1984 stipulates the tasks, powers and apparatus of the General Department of Vocational Training.
- Decision 328-DN/DT dated November 19, 1984 on promulgating regulations on State vocational schools.
- Decision 194/DN-BD dated August 21, 1985 promulgating regulations on vocational training and development in production.
Specific regulations on vocational training during this period include the following contents:
* About apprentice standards:
+ The general age of apprentices is from 17 to 22 years old for non-regular employees. For less strenuous jobs and light technology, 16-year-olds can be selected. For regular employees, the maximum age is 30 years old.
- For apprentices under the mentoring method, the age is generally from 17 to 25 years old for those outside the establishment. For less strenuous jobs in light technology, people aged 16 can be selected. For those in the establishment, there is no age limit but must ensure the necessary health conditions.
- For State vocational schools, citizens aged 15 to 25 years old with a certificate of completion of junior high school, high school or equivalent, with health and gender suitable for each profession according to the regulations of the List of training professions.
+ Regarding health, apprentices must be in good health according to the requirements of each job, not have chronic or infectious diseases, certified by a physician or doctor.