Nghị định 43/2008/NĐ-CP của Chính phủ về việc quy định chi tiết và hướng dẫn thi hành Điều 62 và Điều 72 của Luật Dạy nghề

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF ARTICLE 62 AND ARTICLE 72 OF THE VOCATIONAL TRAINING LAW

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Vocational Training Law;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of Article 62 and Article 72 of the Vocational Training Law regarding policies towards vocational instructors and policies towards instructors who teach vocations to disabled and handicapped people.

Article 2.- Subjects of application This Decree applies to:

1. Instructors who teach vocations in vocational colleges, vocational intermediate schools, vocational training centers, enterprises, cooperatives, production, business or service establishments, universities, colleges, professional secondary schools and other educational institutions registered for vocational training (below collectively referred to as vocational training establishments), which are public, private or foreign-invested.

2. Instructors who teach vocations for disabled and handicapped people at vocational training establishments or courses reserved exclusively for disabled and handicapped people.

Vocational training establishments and vocational training courses reserved exclusively for disabled and handicapped people are those with 70% or more of the trainees being disabled or handicapped persons.

3. Instructors who teach vocations, at integration vocational training courses for disabled and handicapped persons in vocational training establishments.

Integration vocational training courses for disabled and handicapped persons are those with between 5% and under 70% of the trainees being disabled or handicapped persons.

Article 3.- Funding sources for allowance payment

1. Funding sources for payment of heavy, hazardous or dangerous work allowances and special allowances for teachers at public vocational training establishments come from state budget allocations and revenues from non-business activities of these establishments as provided for in Decree No. 43/2006/ND-CP of April 25, 2006, on autonomy and accountability in task performance, apparatus organization, payroll and finance, applicable to public non-business units, and other relevant provisions of law.

2. Funding sources for payment of heavy, hazardous or dangerous work allowances and special allowances for teachers at private or foreign-invested vocational training establishments come from revenues from non-business activities of these establishments and state budget allocations (if any) as provided for in Decree No. 53/2006/ND-CP of May 25, 2006, on incentive policies for development of non-public service-providing establishments, and other relevant provisions of law.

Chapter II

POLICIES TOWARDS VOCATIONAL INSTRUCTORS

Article 4- Policies on professional fostering, wages and regimes applicable to vocational instructors at special schools in areas meeting with exceptional socio-economic difficulties

1. Vocational instructors are entitled to policies on professional fostering and wages specified in Articles 80 and 81 of the 2005 Education Law.

2. Vocational instructors teaching at special schools in areas meeting with exceptional socio-economic difficulties are entitled to preferential allowances under Article 82 of the 2005 Education Law.

Article 5.- Conditions for enjoyment of heavy, hazardous or dangerous work allowances

Vocational instructors (including probationer and on-test instructors) may enjoy heavy, hazardous or dangerous work allowances in the following cases:

1. Instructing practice at practice rooms, workshops of vocational training establishments, for vocations involving one of the following heavy, hazardous or dangerous elements:

a/ Direct contact with toxic substances, toxic gases, toxic dusts, instructing practice in an environment prone to infection of the prescribed contagious diseases;

b/ Instructing practice in an environment subject to high pressure or air inadequacy or at places which are too hot or too cold beyond the permitted standards;

c/ Instructing practice of vocations which produce big noises or at places of constant vibration at frequencies beyond the permitted labor safety and hygiene standards;

d/ Instructing practice in an environment with radio-activity, radiation rays or electro-magnetic field beyond the permitted standards.

2. Instructing practice at enterprises, production, business or service establishments of vocations in the list of heavy, hazardous or dangerous and exceptionally heavy, hazardous or dangerous jobs, promulgated by the Ministry of Labor, War Invalids and Social Affairs.

Article 6.- Heavy, hazardous or dangerous work allowance level

1. Teachers instructing practice at practice rooms or workshops of vocational training establishments, defined in Clause 1, Article 5 of this Decree, enjoy heavy, hazardous or dangerous work allowances at four levels: Level 1, Level 2, Level 3 and Level 4 based on the common minimum wage level, specifically as follows:

a/ Level 1, with coefficient 0.1 applicable to instructors of practice of vocations involving one of the heavy, hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree;

b/ Level 2, with coefficient 0.2 applicable to instructors of practice of vocations involving two of the heavy, hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree;

c/ Level 3, with coefficient 0.3 applicable to instructors of practice of vocations involving three of the heavy, hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree;

d/ Level 4, with coefficient 0.4 applicable to instructors of practice of vocations involving four of the heavy, hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree.

2. Instructors of the practice of heavy, hazardous or dangerous vocations defined in Clause 2, Article 5 of this Decree enjoy heavy, hazardous or dangerous work allowances at the same levels as laborers directly involved in production or business activities, defined in the Government's Decree No. 205/2005/ND-CP of December 14, 2005, providing for the systems of wage scales, wage tables and wage allowance regimes in state companies.

Article 7.- Allowance calculation and payment

1. Heavy, hazardous or dangerous work allowances are calculated using the actual number of hours of practice instruction, paid every month on the payday and not used for calculating social insurance premiums and benefits.

2. Instructors of practice of vocations involving heavy, hazardous or dangerous elements, who are entitled to heavy, hazardous or dangerous work allowances under this Decree, may also enjoy preferential allowances prescribed in the Prime Minister's Decision No. 244/2005/QD-TTg of October 6, 2005, on the preferential allowance regime applicable to teachers directly lecturing at public educational institutions.

3. Instructors of practice of vocations involving heavy, hazardous or dangerous elements are entitled to heavy, hazardous or dangerous work allowances at levels specified in Clause 1, Article 6 of this Decree but not hazardous or dangerous work allowances at levels prescribed in the Government's Decree No. 204/2004/ND-CP of December 14, 2004, on the wage regime applicable to officials and public servants and the armed forces.

Chapter III

POLICIES TOWARDS INSTRUCTORS TEACHING VOCATIONS FOR DISABLED AND HANDICAPPED PEOPLE

Article 8.- Policies of investment in training and retraining vocational instructors for disabled and handicapped people

1. The State shall adopt policies of investment in material foundations and equipment to raise the capacity of training establishments to train vocational instructors for disabled and handicapped people.

2. The State shall invest in formulating programs and syllabuses on training and retraining instructors in skills and methodology of teaching vocations for disabled and handicapped people.

Article 9.- Subjects and conditions for enjoyment of special allowances

1. Instructors specialized in vocational training for disabled and handicapped people include:

a/Teachers specialized in vocational training at vocational training establishments reserved exclusively for disabled and handicapped people:

b/ Teachers specialized in vocational training at vocational courses reserved exclusively for disabled and handicapped people;

c/ Teachers specialized in vocational training in integration vocational courses for disabled and handicapped people.

2. Teachers participating in vocational training for disabled and handicapped people include:

a/ Teachers participating in vocational training at vocational training establishments or vocational training courses reserved exclusively for disabled and handicapped people;

b/ Teachers participating in vocational training at integration vocational courses for disabled and handicapped people in vocational training establishments.

Article 10.- Special allowance levels

1. Teachers specialized in vocational training for disabled and handicapped people, defined at Points a and b, Clause 1, Article 9 of this Decree, enjoy the allowance equal to 70% of their respective current wage levels and the position and extra-seniority allowances (if any).

2. Teachers participating in vocational training for disabled and handicapped people, defined at Point a, Clause 2, Article 9 of this Decree, enjoy the allowance equal to 70% of their respective current wage levels and the position and extra-seniority allowances (if any). Allowance amounts are calculated using the actual number of hours of vocational training.

3. Teachers specialized in integration vocational training for disabled and handicapped people, defined at Point c. Clause 1, Article 9 of this Decree, enjoy the special allowance of vocational training for disabled and handicapped people at the following levels:

a/ 35% of their respective current wages and position and extra-seniority allowances (if any), applicable to integration vocational courses with between 5% and under 10% of the trainees being disabled or handicapped persons;

b/ 40% of their respective current wages and position and extra-seniority allowances (if any), applicable to integration vocational courses with between 10% and under 20% of the trainees being disabled or handicapped persons;

c/ 45% of their respective current wages and position and extra-seniority allowances (if any), applicable to integration vocational courses with between 20% and under 30% of the trainees being disabled or handicapped persons;

d/ 50% of their respective current wages and position and extra-seniority allowances (if any), applicable to integration vocational courses with between 30% and under 40% of the trainees being disabled or handicapped persons;

e/ 55% of their respective current wages and position and extra-seniority allowances (if any), applicable to integration vocational courses with between 40% and under 50% of the trainees being disabled or handicapped persons;

f/ 60% of their respective current wages and position and extra-seniority allowances (if any), applicable to integration vocational courses with between 50% and under 60% of the trainees being disabled or handicapped persons;

g/ 65% of their respective current wages and positions and extra-seniority allowances (if any), applicable to integration vocational courses with between 60% and under 70% of the trainees being disabled or handicapped persons.

4. Teachers participating in vocational training for disabled and handicapped people, defined at Point b, Clause 2, Article 9 of this Decree, enjoy the allowance at levels specified in Clause 3 of this Article, calculated using the actual number of hours of vocational training.

Article 11.- Allowance calculation and payment

1. Teachers giving vocational training for disabled and handicapped people, who enjoy the special allowance prescribed in Clause 3, Article 10 of this Decree, are not entitled to the preferential allowance defined in the Prime Minister's Decision No. 244/2005/QD-TTg of October 6, 2005, on the preferential allowance regime applicable to teachers directly lecturing at public educational institutions.

2. For teachers participating in vocational training at integration vocational courses for disabled and handicapped people in vocational training establishments under Point b, Clause 2, Article 9 of this Decree, the actual number of lecturing hours eligible for the special allowance prescribed in Clause 4, Article 10 of this Decree shall not be counted for enjoyment of preferential allowances under the Prime Minister's Decision No. 244/2005/QD-TTg of October 6, 2005, on the preferential allowance regime applicable to teachers directly lecturing at public educational institutions.

3. Instructors of practice of vocations involving heavy, hazardous or dangerous elements for disabled and handicapped people enjoy heavy, hazardous or dangerous work allowances defined in Chapter II of this Decree, in addition to the special allowance under Articles 9 and 10 and Clauses 1 and 2 of this Article.

4. The special allowance is paid every month on the payday and not used for calculating social insurance premiums and benefits.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12.- Effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 13.- Implementation responsibilities

1. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Health in, guiding in detail the vocations involving heavy, hazardous or dangerous elements defined in Clause 1, Article 5 of this Decree.

2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding in detail the calculation and enjoyment of the special allowance as provided for in Chapter III of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, and concerned agencies shall implement this Decree.