Hi Lawyer. Can vocational education contracts in Vietnam be concluded orally? How long is the maximum duration of a regular training session? I am a continuing education trainee but is my training committed verbally? How many hours is the maximum time for each training session? Is the contract of vocational training and education concluded orally? Looking forward to helping my counsel. I would like to express my sincere thanks to Lawyer.
Legal grounds
Labor Code 2019
Law on Vocational Education 2014
What is a vocational training contract?
Vocational training is one of the basic steps for workers to have knowledge and skills to participate in the labor market, which is a necessary condition for enterprises to use high-quality human resources.
According to the provisions of Article 61 of the current Labor Code, when participating in vocational training, the vocational training center/enterprise and the apprentice must sign a vocational training contract. This is both mandatory but also the basis for the parties to well implement this relationship.
A vocational training contract may be entered into orally or in writing on the rights and obligations between the parties to the vocational training relationship (Clause 1, Article 39 of the Law on Vocational Education 2014).
Is the contract of vocational training and education concluded orally?
The training contract must contain the following contents:
a) The name of the training profession or the acquired vocational skills;
b) Training location;
c) Time to complete the course;
d) Tuition fees and payment methods;
e) The liability of each party to compensate for damage when breaching the contract;
f) Liquidation of the contract;
g) Other agreements not contrary to law and social ethics.
- Where an enterprise recruits people to train to work for the enterprise, the training contract shall, in addition to the contents specified in Clause 2 of this Article, also contain the following contents:
a) The learner’s commitment to the term of employment for the enterprise;
b) The enterprise’s commitment to the use of labor after completing the study;
c) Agreement on time and remuneration for learners directly or participating in making products for enterprises during the training period.
- A training contract in the form of vocational tutoring at an enterprise, in addition to the contents specified in Clause 2 of this Article, must have an agreement on the starting time to be paid and the level of remuneration to be paid to learners from time to time.
Thus, according to current regulations, a vocational education training contract can not only be concluded in writing but also orally.
How long is the maximum duration of a regular training session?
According to Article 9 of Circular 43/2015/TT-BLDTBXH, the training time and plan is as follows:
- The training period for regular training programs specified in this Circular shall comply with the requirements of each training program, including: real-time learning of vocational knowledge and soft skills; real-time apprenticeship practice; test time before, during training, test at the end of the course; in which the actual time of learning and practicing the profession accounts for at least 80% of the total course time.
- The arrangement of real-time learning is done flexibly during the day; week (working day or Saturday, Sunday, holiday) at the request of the student and specified in the training plan of each course or class.
- The maximum study time per session is 05 (five) hours and the maximum study time in a day is 08 (eight) hours.
- The training plan of each course or class is built flexibly, suitable to the target audience, the characteristics of the region and region, and must ensure the implementation of the training program content. The contents of the training plan shall follow the format specified in Appendix 4 to this Circular.
Notes when drafting a vocational training contract
A vocational training contract must contain at least some of the following basic contents:
– The name of the training profession or skill;
– Training location;
– Time to complete the course;
– Tuition fees and payment methods;
– Responsibility to compensate each party for damage when breaching the contract;
– Liquidation;
– Other agreements not contrary to law and social ethics.
If the enterprise recruits people to train to work for them, in addition to the above contents, this vocational training contract also includes:
– Commitment of learners about working time for enterprises;
– Commitment of the enterprise on the use of labor after completing the study;
– Negotiate on time and wages for learners who directly learn or participate in making products for businesses during the training period.
How to enter into and perform vocational training contracts?
Signing a contract for vocational training
a) Conditions for the two parties to enter into the vocational training contract
- For apprentices:
Normally, apprentices must be at least 14 years old and have enough health to meet the requirements of the profession they are studying. For certain occupations, according to the list prescribed by the state, the apprenticeship age may be under 14.
Not violating a prohibited occupation is a natural condition, the scope of the prohibition should be set for all apprentices or for each specific case (for example, people with HIV/AIDS will not to participate in vocational training where specific jobs have the potential to infect others) in order to protect apprentices, vocational training institutions and the general interest of society.
- For vocational training units:
Vocational training units must have facilities, financial capacity, theoretical and practical teaching equipment suitable to the profession, training level and scale, and a sufficient number of teachers and managers. quality, synchronous structure, meet standards of quality, standard qualifications and vocational skills to ensure the realization of vocational training goals and programs. The establishment and registration of operation of a vocational training institution, etc. shall comply with the provisions of law.
b) Procedure for entering into a vocational training contract
Of course, when entering into a contract, the two parties must adhere to the principle that the contract is entered into on a voluntary, equal basis and is not against the law. That is, employees are allowed to choose a profession and learn a job at the workplace in accordance with their employment needs (according to Clause 1, Article 59 of the Labor Code 2012). In addition, also in Article 59 in Clause 2, the State encourages qualified employers to establish vocational training establishments or open vocational training classes at the workplace for training, retraining, fostering, raise vocational qualifications and skills for employees working for them and provide vocational training for other apprentices.
The order of signing is not specified, but like the conclusion of other types of contracts, the process of entering into a vocational training contract usually takes place in three steps: an offer to enter into, and the two parties agreeing on the contents. content, issues related to the contract and entering into the contract. The vocational training unit will determine the content in the contract, on the basis of which the apprentice accepts or has a certain correction before the two parties officially enter into the vocational training contract.
Implementation of a vocational training contract
The effective date of this contract has not been specified. In fact, the parties often make the contract when the course begins. In order to effectively perform a vocational training contract, the parties must properly and fully fulfill the commitments in the contract and relevant legal provisions, respect the interests and create favorable conditions for the other party to perform. current contract.
a) For the employer
Specifically, the employer needs to be responsible for training, fostering and improving vocational skills for apprentices as prescribed in Article 60 of the Labor Code as follows:
– Employers develop annual plans and spend funds for training and organize training and retraining to improve professional qualifications and skills for employees currently working for them; training for employees before changing jobs for themselves.
– The employer must report the results of training and retraining to improve professional qualifications and skills to the provincial labor State management agency in the annual report on labor.
b) For apprentices and trainees
For apprentices or trainees to work for the employer, the following contents should be paid attention to (according to Article 61 of the Labor Code):
Employers who recruit people for vocational training or apprenticeship to work for them are not required to register for vocational training activities and may not collect tuition fees.
During the apprenticeship or apprenticeship period, if the apprentice or apprentice directly or participates in the production of products conforming to specifications, the employer shall pay the salary at the rate agreed upon by the two parties.
Upon the expiration of the apprenticeship or vocational training duration, the two parties must sign a labor contract when all the conditions prescribed in this Code are satisfied.
Employers are responsible for creating conditions for employees to participate in vocational skills assessment to be granted a national vocational skill certificate.
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Frequently asked questions
Pursuant to Clause 3, Article 61 of the Labor Code 2019 has the following provisions:
Employers who recruit people for vocational training or apprenticeship to work for them are not required to register for vocational education activities; tuition fees are not collected; must sign a training contract in accordance with the Law on Vocational Education.
After being trained, employees must work for employees; according to the time committed in the training contract. After that, there is no shortage of cases where workers voluntarily quit their jobs; causing enterprises not only to have a crisis of personnel but also to suffer losses due to the loss of training costs.
In this case, the employee may have to reimburse the employer for the cost of vocational training
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