Vocational training and education regime according to Vietnamese labor law - 12


In the new technology era, vocational teachers only teach what they have, not what society needs, and their foreign language and computer skills are poor. Thus, the vocational teaching staff is a team that determines the quality of training, a factor that helps vocational training institutions survive and compete in the labor market. However, the current situation of vocational teaching staff still reveals certain shortcomings. To improve the quality of vocational training, the important task now is to build and develop a team of vocational teachers continuously, regularly, and effectively.

* On the State management system in the field of vocational training.

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Currently, the State management system on vocational training in general has not achieved results, although there has been a clear division of functions and tasks of all levels and sectors in the field of vocational training. Over the past many years, the State management apparatus on vocational training has been unstable, always in a state of separation and merger, causing this apparatus from the central to local levels to gradually shrink, leading to many difficulties in management.

Vocational training and education regime according to Vietnamese labor law - 12

In the 1960s, in response to the requirements of vocational training at home and abroad, on October 9, 1969, the Government issued Decree 200/CP to establish the General Department of Technical Worker Training under the Ministry of Labor. During the period from 1969 to 1978, the General Department of Technical Worker Training was established in all localities and operated effectively. Following that, on June 24, 1978, the Government Council issued Decree 151/CP to separate the General Department of Technical Worker Training from the Ministry of Labor and renamed it the General Department of Vocational Training under the Government. In 1987, the Government decided to merge the General Department of Vocational Training into the Ministry of Universities and Vocational Secondary Schools to form the Ministry of Universities, Vocational Secondary Schools and Vocational Training. During the period from 1987 to 1992, the management of vocational training was reduced to only the Department of Vocational Training.


occupations. Thus, through the analysis of the merger process, vocational training management is almost no longer effective. The organizational structure of vocational training in this period is not commensurate with the assigned tasks. The content, program, and training methods are slow to innovate, and the teaching staff is not trained and fostered to adapt. Through the development process, in response to the innovation requirements, the General Department of Vocational Training was established under the Ministry of Labor, War Invalids and Social Affairs to perform the function of State management of vocational training by Decree 33/1998/ND-CP dated May 23, 1998 of the Government. The transfer of the management function of the General Department of Vocational Training from the Ministry of Education and Training to the Ministry of Labor, War Invalids and Social Affairs is a job that is suitable for current conditions, creating a basis and foundation for vocational training management agencies to operate, although State management of vocational training still faces many difficulties and shortcomings. The division of authority between the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training is often not clearly separated.

* On vocational training for female workers.


Vocational training for female workers is a matter of concern for society. Article 110 of the Labor Code stipulates: “State agencies are responsible for expanding many types of training that are convenient for female workers so that in addition to their current occupation, female workers can also have a secondary occupation and to make the use of female labor easier, in accordance with the physical and physiological characteristics and maternal functions of women”. Labor law has created a legal basis for female workers to fully develop their abilities, affirming their position and role in society. In recent years, female workers have made significant progress in quantity and quality, but at the same time, they have also revealed limitations in terms of educational level, professional skills, technical labor skills, working style and discipline.


career. That is also the reason why female workers hold a weaker position than male workers in society. The trend of "women being the last to be hired and the first to be fired" is still prevailing. Therefore, additional vocational training for female workers is still an urgent need today. However, additional vocational training for female workers has not yet received due attention from businesses and units employing female workers. According to the results of the investigation on the effectiveness of the Ministry of Labor within the framework of the VIE/97/003 project, up to 98% of the workers interviewed answered that they had not received vocational training. In addition, according to current assessments, the educational level of female workers and male workers still has a large gap. The highest level of education completed per person of the female labor force is 6.9 classes, while the average of the labor force nationwide is 7.4 classes. Although the literacy rate of female workers is very high (94.85%), the rate of female workers with technical expertise is very low. Of the 18.7 million female workers nationwide, 16.6 million (88.76%) do not have technical expertise. Of the more than 2.1 million female workers with technical expertise, only 4.5% have graduated from vocational secondary school; 3.05% have graduated from college and university; and only a very small number of 0.02% have completed university degrees.

In addition, according to the law, enterprises must proactively establish a plan for vocational training to change jobs for female workers who are doing jobs that cannot be done until they reach retirement age, the funding source is taken from the unemployment allowance reserve fund. Up to now, very few enterprises have established this fund, and when there is no fund, there is no plan for vocational training for female workers. It can be said that the policy of vocational training for female workers has not been implemented because: production enterprises do not make profit or make little profit, and cannot establish a fund. On the other hand, enterprises are conducting normal production, arranging and using female workers appropriately.


With the level and health, there is no need to provide vocational training for female workers. A few enterprises have established funds but they are only used for retraining and improving the skills of workers according to production requirements, not for vocational training. In addition, joint venture enterprises with foreign countries do not have specific guidance documents for this type.

Vocational training for female workers is a great need today. To ensure the rights of female workers, create favorable conditions to use and promote to the highest level the strength and talent of female workers, the State needs to have more specific regulations on vocational training for female workers and must have appropriate adjustment mechanisms, creating a basis for enterprises and vocational training units to implement effectively.

* On signing an apprenticeship contract.


According to Article 24 of the Labor Code: "Vocational training must have a written or oral vocational training contract between the apprentice and the vocational teacher or representative of the vocational training facility". However, in reality, most vocational training facilities have not yet signed vocational training contracts as prescribed. For private vocational training facilities, social organizations, unions, and enterprises, when establishing vocational training relationships, they mainly sign oral contracts, agree on contents related to the teaching and learning process or sign written agreements through the apprentice's vocational training application. It can be said that, regardless of the length of the training period, the scale of training is different, but the signing of the above vocational training contracts often does not ensure the signing procedure, the special signing principles regarding the contract content are not strict, sometimes arbitrary, easily leading to infringement of the rights and interests of the parties and disputes over vocational teaching and learning are difficult to avoid.


free. On the other hand, in some cases where the apprentice comes to sign a contract, there is already a contract prepared by the vocational training institution with the terms already determined and the apprentice only has to sign or not. If the apprentice signs, the apprenticeship relationship is established. If not, the relationship is terminated, the expression of will and agreement between the two parties is almost non-existent. Is it true that, in this case, the vocational training institution has violated the principle of freedom and voluntariness? In reality, this principle is not violated, however, from the perspective of will and expression of will, the way of signing the apprenticeship contract mentioned above is not suitable for the purpose and nature of the apprenticeship contract in particular and of the labor relationship in general. Not to mention that there are cases where the apprentice has to agree to the requirements of the vocational training institution, these requirements may be right or wrong according to current labor law, but due to the level of understanding of the law and the need to learn a trade, the apprentice still accepts. Some businesses require that after completing their studies, they must work for a certain number of years at the company, but require that during the first 3 years of working at the company, workers cannot get married and have children, or get married but cannot have children. In addition, some businesses have taken advantage of the lack of jobs to "recycle" recruiting workers in simple stages to collect training fees with unreasonable constraints: no salary for the first 3 months after graduation, deposit

500,000 VND for 2 years and not pregnant during the contract period.

In addition, the conclusion of an apprenticeship contract that does not comply with the law makes it very difficult to handle. Especially for oral agreements. When disputes arise, the parties mainly negotiate with each other, but if the parties fail to reach an agreement, it is difficult for the competent authority to resolve it. In addition, according to the provisions of Clause 2, Article 23


Labor Code, enterprises recruiting people to study or work at the enterprise under vocational training contracts are not allowed to collect tuition fees. Implementing this regulation at LADODA Company is very difficult because the legality of vocational training contracts is not high, even when a written contract is signed, if the employee finishes studying but does not work for the company, it is difficult to claim compensation for tuition fees. On average, each course costs 1.2 million VND/person. In reality, 1/4 of this amount is paid by the students (average 50,000 VND/month/person), the rest is sponsored by the Company. On average, the Company has to spend 45 million VND/course. In addition, the Company must also comply with the requirements of the Labor Code on vocational training contracts, locations, appropriate practice equipment, and practice instructors who are workers with level 5-6 qualifications. However, after completing the course, many workers have left to work for other companies. Although the company has used economic measures by collecting 1/4 of the tuition fee to bind the workers, it has not had much effect. Because for workers to have a trained profession

in a systematic way and the cost is very low. [1]

* On vocational training for rural workers, vocational training in craft villages and in foreign-invested enterprises.

Vocational training for female workers in rural areas has received attention in recent years, however, the majority of rural workers in general are working without formal vocational training. According to the survey results, the number of agricultural workers is about 25 million people, of which only 0.44 have received vocational training in agriculture, forestry and fishery. Currently, vocational training in rural areas is not commensurate with the great labor potential of this area, and facilities for vocational training have not received adequate attention. Vocational teaching and learning are mainly based on the method of passing on and cultivating vocational skills in households or in production establishments.


Therefore, the training quality is not high and training is not linked to the local industry strategy orientation.

Vocational training in craft villages has been paid attention by our Party and State, making craft villages begin to recover and flourish. Most craft villages have been equipped with modern means, and forms of production organization in some craft villages are developing in a variety of ways, such as private household craft villages, cooperative craft villages, limited liability companies, etc. In each profession, income among workers has also increased significantly, depending on the skill level, and the lives of people in craft villages have improved significantly. The development of occupations and craft villages has promoted the shift in the rural economic structure towards rapidly reducing the proportion of agricultural production value and increasing the value of industrial production and rural services. In particular, the development of craft villages has formed about 24,000 small and medium enterprises in rural areas, contributing significantly to the increase in product value for localities. However, there are still significant obstacles to the development of craft villages, for example: the law stipulates preferential policies on loan interest rates for craft villages, but the bank's procedures for mortgaging assets and appraising goods sources are complicated and time-consuming. The tax policy for rural craft villages, if applying the value-added tax law, is not appropriate because in some craft villages, only training is provided to attract rural workers to solve employment for farmers, but they are not trained like state workers. So if they practice their profession, they must pay tax rates like enterprises with trained technical workers.

regularization is not reasonable. [18]

Regarding vocational training in foreign-invested schools. Currently, according to statistics from the General Department of Vocational Training in 2001, the whole country has only 3 foreign-invested vocational schools in Ho Chi Minh City.

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The modest figure shows that the demand for vocational training in foreign enterprises has not yet developed. Vocational training and apprenticeship have not yet attracted the attention and investment of foreign-invested enterprises. Our State needs to have a long-term, appropriate vocational training development strategy and a dynamic mechanism to adapt to the demand for vocational training and apprenticeship nationwide in line with the world integration trend to encourage a large number of enterprises and schools with foreign investment in vocational training to develop.

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