Quyết định 08/2008/QĐ-BLĐTBXH của Bộ Lao động, Thương binh và Xã hội về việc ban hành Quy định về quy trình kiểm định chất lượng dạy nghề

DECISION

PROMULGATING THE REGULATION ON THE VOCATIONAL TRAINING ACCREDITATION PROCESS

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the November 29, 2006 Law on Vocational Training;

Pursuant to the Government's Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the General Director of the General Department of Vocational Training,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on the vocational training accreditation process.

Article 2.- This Decision takes effect 15 days after its publication in "Cong Bao."

Article3.- Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, heads of central agencies of socio-political organizations with attached vocational training institutions; presidents of People's Committees of provinces and centrally-run cities; directors of provincial/municipal Labor, War Invalids and Social Affairs Services, the director of the Ministry's Office, the General Director of the General Department of Vocational Training, and heads of concerned agencies and units shall implement this Decision.

REGULATION

ON THE VOCATIONAL TRAINING ACCREDITATION PROCESS
(Promulgated together with the Labor, War Invalids and Social Affairs Minister's Decision No. 08/2008/QD-BLDTBXH of March 25, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of application

1. This Regulation provides for vocational training self-accreditation; accreditation registration; vocational training accreditation; recognition of accreditation results and grant of certificates of vocational training accreditation to vocational training institutions; commendation, complaint, denunciation and handling of violations in vocational training accreditation.

2. This Regulation applies to public, private and foreign-invested vocational training colleges, schools and centers, and their vocational training programs; vocational training programs of enterprises, cooperatives, production or business or service establishments, other intermediate-level professional schools, colleges, universities and educational institutions which register vocational training (below collectively referred to as vocational training institutions).

Article 2.- Vocational training accreditation process

The vocational training accreditation process involves the following four steps:

1. Vocational training self-accreditation by vocational training institutions.

2. Registration of vocational training accreditation by vocational training institutions.

3. Vocational training accreditation by the General Department of Vocational Training.

4. Recognition of vocational training accreditation results and grant of certificates of vocational training accreditation to vocational training institutions.

Article 3.- Purposes of vocational training accreditation

Vocational training accreditation is aimed at assessing and determining the extent of achievement of vocational training objectives, programs and contents of vocational training institutions in each period, helping them further improve training quality and efficiency.

Article 4.- Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Vocational training self-accreditation means that a vocational training institution assesses its operation by itself based on the system of accreditation criteria and standards promulgated by the Minister of Labor, War Invalids and Social Affairs in order to identify its strengths and weaknesses and elaborate plans and measures to achieve the set vocational training objectives.

2. Vocational training accreditation means assessment activities of vocational training accreditation teams set up by the General Department of Vocational Training in order to identify conditions of vocational training institutions or vocational training programs to ensure the fulfillment of their vocational training objectives, programs and contents based on the system of accreditation criteria and standards promulgated by the Minister of Labor, War Invalids and Social Affairs.

3. Accreditation of vocational training institutions means vocational training accreditation of vocational training colleges, schools and centers.

4. Accreditation of vocational training programs means assessment of the fulfillment of vocational training objectives and contents of a specific vocational training program.

Article 5.- Vocational training accreditation principles

Vocational training accreditation must ensure the following principles:

1. Independence, objectivity and conformity with law.

2. Honesty, publicity and transparency.

Chapter II

VOCATIONAL TRAINING SELF-ACCREDITATION

Article 6.- Process of vocational training self-accreditation by vocational training institutions

The vocational training self-accreditation process involves the following steps:

1. Setting up a vocational training council of a vocational training institution.

2. Identifying the purpose and scope of self-accreditation.

3. Making a self-accreditation plan.

4. Gathering information and proofs.

5. Processing and analyzing gathered information and proofs.

6. Assessing the performance of the vocational training institution according to each vocational training accreditation criterion and standard.

7. Writing a report on self-accreditation results.

8. Publicizing self-accreditation results within the vocational training institution.

Article 7.- Accreditation councils of vocational training institutions

1. The accreditation council of a vocational training institution is set up under a decision of the rector or director of that institution (below referred to as the head).

2. An accreditation council has at least 9 members, including:

a/The chairman, being the vocational training institution's head or deputy head in charge of training, who is authorized by the head;

b/ The secretary, being the head of the unit in charge of accreditation (a division, center or section) or the head of the training division of the vocational training institution;

c/ Members, being representatives of the school council or administration council; heads of related divisions, departments or disciplines; representatives of mass organizations of the vocational training institution; prestigious lecturers and trainers.

3. The council's members must possess accreditation officer's cards or certificates of professional training or retraining in vocational training accreditation.

Article 8.- Responsibilities of vocational training accreditation councils of vocational training institutions

1. The vocational training accreditation council of a vocational training institution shall assist the head of the institution in self-accreditation and advise on measures to improve vocational training quality. The council has the following responsibilities:

a/ To guide units of the vocational training institution to conduct self-accreditation:

b/ To collect documentation and information, review the operation of the institution, compare its achievements against the set objectives;

c/ To make comparison based on the system of vocational training accreditation criteria and standards promulgated by the Minister of Labor, War Invalids and Social Affairs, and identify the extent of attainment of vocational training accreditation standards, based on the set grades;

d/ Writing a report on results of self-accreditation of vocational training or vocational training programs of the institution, to be submitted to the head of the institution;

e/ Advising and assisting the head of the institution in making a plan to improve vocational training quality;

f/ Maintaining a database on the quality of the institution, including general information on the institution; results of investigation of its vocational training situation, its graduates who have been employed and other issues necessary for the maintenance and improvement of vocational training quality.

2. The chairman of the accreditation council of a vocational training institution is held responsible for activities of the council and assigns specific tasks to the council's members.

Chapter III

REGISTRATION OF VOCATIONAL TRAINING ACCREDITATION

Article 9.- Accreditation registration dossier

An accreditation registration dossier of a vocational training institution comprises:

1. An application of accreditation registration, made according to a set form (not printed herein).

2. A self-accreditation report and enclosed documents and proofs.

Article 10.- Receipt and examination of accreditation registration dossiers

1. The General Department of Vocational Training shall receive dossiers for registration of vocational training accreditation.

2. Within 20 working days after receiving a valid dossier, the General Director of the General Department of Vocational Training shall issue a decision to set up a vocational training accreditation team (indicating the time for accreditation) and notify such to the accreditation-registering institution.

Chapter IV

VOCATIONAL TRAINING ACCREDITATION

Article 11.- Vocational training accreditation team

1. A vocational training accreditation team is set up under a decision of the General Director of the General Department of Vocational Training. The team has between 5 and 7 members, including the team leader, secretary and other members. Team members must possess vocational training accreditation officer's cards according to regulations of the Ministry of Labor, War Invalids and Social Affairs or must possess vocational training accreditation officer's certificates granted by foreign countries.

2. A vocational training accreditation team leader must be experienced in organizing accreditation activities. He/she shall administer the team's activities.

The team secretary must be knowledgeable about vocational training accreditation and has the task of assisting the team leader in conducting activities and preparing reports of the team. Team members shall work under the team leaders' assignment.

3. Vocational training accreditation teams are subject to the guidance, inspection and supervision by the General Department of Vocational Training.

Members of a vocational training accreditation team shall keep secret information relating to their jobs and accreditation results before the team notifies those results to the vocational training institution, unless otherwise consented by the institution or provided for by law.

Article 12.- Accreditation process and tasks of vocational training accreditation teams

The accreditation process and tasks of a vocational training accreditation team are as follows:

1. Making a specific plan, assigning tasks to team members and notifying such to the vocational training institution which registers for accreditation.

2. Scrutinizing the report on self-accreditation results of the vocational training institution which registers for accreditation, and accompanying documents and proofs.

3. Collecting documentation and information, reviewing activities of the vocational training institution subject to accreditation and relevant proofs.

4. Conducting field surveys and discussing with units of the vocational training institution, trainers, lecturers, administrators and trainees.

5. Making comparison based on the system of vocational training accreditation criteria and standards promulgated by the Minister of Labor, War Invalids and Social Affairs, assessing the performance of the vocational training institution according to each of these criteria and standards.

6. Writing an accreditation conclusion report to be sent to the General Department of Vocational Training, stating the proposal on recognition or non-recognition of accredited vocational training institution.

Article 13.- Notification of accreditation results by vocational training accreditation teams

Vocational training accreditation teams shall send draft accreditation conclusion reports to vocational training institutions for comment. Within 10 working days after receiving such a draft report, if the concerned vocational training institution gives no comments, it shall be considered having agreed to the report. After receiving comments from the vocational training institution, the team shall finalize the report, have it signed, send it to the vocational training institution and submit it to the General Department of Vocational Training. This report must be approved by at least two thirds of the team members.

The vocational training accreditation team shall organize meetings with the leadership (management board) of the vocational training institution to notify accreditation results.

Chapter V

RECOGNITION OF VOCATIONAL TRAINING ACCREDITATION RESULTS AND GRANT OF CERTIFICATES

Article 14.- Accreditation degrees

Results of accreditation of vocational training institutions or programs are classified into three levels as follows:

1. Level 1: A vocational training institution receives a total of scores of under 50% or between 50% and under 80% for all criteria but do not have enough conditions for being classified at level 2.

2. Level 2: A vocational training institution receives a total of scores of between 50% and under 80% for all criteria with 50% or higher of the maximum score for each criterion, or of 80% or higher for all criteria out do not have enough conditions for being classified at level 3.

3. Level 3: A vocational training institution receives a total of scores of 80% or higher for all criteria with 50% or higher of the maximum score for each criterion, including three criteria on trainers and administrators; programs and textbooks; material foundations, equipment and teaching aids, for each of which it must gain 80% or higher of the maximum score.

Article 15.- Recognition of accreditation results

1. Based on reports on self-accreditation results and accreditation registration dossiers of vocational training institutions as well as accreditation conclusion reports of vocational training accreditation teams, the General Department of Vocational Training shall consider and submit to the Minister of Labor, War Invalids and Social Affairs decisions to recognize accredited vocational training institutions of level 3 under Clause 3. Article 14 of this Regulation.

2. Vocational training institutions or programs accredited as level- 2 ones under Clause 2. Article 14 of this Regulation may be registered for re-accreditation after at least 1 year.

3. Vocational training institutions or programs accredited as level-1 ones under Clause 1. Article 14 of this Regulation may be registered for re-accreditation after at least 1 year.

Article 16.- Certification of accredited vocational training institutions or programs

1. Vocational training institutions or programs accredited as level- 3 ones under Clause 3. Article 14 of this Regulation are granted certificates of vocational training accreditation.

2. A certificate is valid for 5 years from the date of its issue.

3. Accreditation results shall be publicized on the website of the General Department of Vocational Training for information and supervision by trainees and society.

Article 17.- Certificates of vocational training accreditation

1. A certificate of vocational training accreditation has a size of 21 cm x 29 cm, with white background and brass-drum patterns of light yellow color and a national emblem in the middle. The Vietnamese title of the certificate which is "GIAY CHUNG NHAN DAT TIEU CHUAN KIEM DINH CHAT LUONG DAY NGHE" is printed on the right while its English title CERTIFICATE OF VOCATIONAL TRAINING ACCREDITATION is on the left, in red. Other details of the certificate are printed in black.

Certificates of vocational training accreditation for vocational training institutions are made according to Form 2 (not printed herein) while those for vocational training programs are made according to Form 3 (not printed herein).

2. Details of a certificate of vocational training accreditation are written legibly in black ink and the name of the vocational training institution is in block capital letters.

Article 18.- Competence to grant certificates of vocational training accreditation

Certificates of vocational training accreditation are granted under decisions of the Minister of Labor, War Invalids and Social Affairs to vocational training institutions or programs which satisfy vocational training accreditation standards under Clause 3. Article 1- of this Regulation.

Article 19.- Withdrawal of certificates of vocational training accreditation

If a vocational training institution breaches law or no longer meets the vocational training accreditation requirements, the General Director of the General Department of Vocational Training shall consider and submit to the Minister of Labor, War Invalids and Social Affairs for decision the withdrawal of its certificate, even if it remains valid.

Chapter VI

COMMENDATION. COMPLAINT, DENUNCIATION AND HANDLING OF VIOLATIONS

Article 20.- Commendation

Organizations and individuals that record outstanding achievements in vocational training accreditation will be commended or rewarded in accordance with the law on emulation and commendation.

Article 21.- Complaint and denunciation

1. Organizations and individuals may lodge complaints about illegal acts or decisions of competent persons regarding vocational training accreditation.

2. Citizens may denounce violations of the law on vocational training accreditation and take responsibility before law for their denunciations.

Article 22.- Complaint about accreditation conclusions and responsibility to settle complaints

1. If disagreeing with accreditation conclusions of vocational training accreditation teams, vocational training institutions may lodge complaints with the General Department of Vocational Training

2. The General Department of Vocational Training shall settle complaints in accordance with law.

Article 23.- Handling of violations

1. Individuals violating this Regulation shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; and shall, if causing damage, pay compensation in accordance with law.

2. Organizations violating this Regulation shall, depending on the nature and severity of their violations, be administratively sanctioned, and, if causing damage, pay compensation in accordance with law.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 24.- Responsibility of the General Department of Vocational Training

1. To manage and organize vocational training accreditation.

2. To compile documents guiding vocational training institutions to conduct self-accreditation.

3. To organize vocational training accreditation of vocational training institutions according to the system of criteria and standards promulgated by the Minister of Labor, War Invalids and Social Affairs.

4. To submit to the Minister of Labor, War Invalids and Social Affairs the grant or withdrawal of certificates of vocational training accreditation.

5. To publicize vocational training accreditation results on the website of the General Department of Vocational Training, the website of the Ministry of Labor, War Invalids and Social Affairs and on other mass media.

6. To assess and settle complaints of vocational training institutions regarding vocational training accreditation conclusions.

7. To send annual review reports on vocational training accreditation to the Minister of Labor, War Invalids and Social Affairs.

Article 25.- Responsibility of an accredited vocational training institution

1. To study instructions, organize self-accreditation of quality conditions according to the set criteria and standards.

2. To register accreditation under the guidance of the General Department of Vocational Training.

3. To prepare sufficient dossiers, supply information and documents for the vocational training accreditation team to conduct accreditation at the institution.

4. To assign a full-time leader or official to work with the vocational training accreditation team.

5. To make a plan and arrange sections, units to work with the vocational training accreditation team.

6. To cooperate, exchange opinions and discuss openly with the vocational training accreditation team on the team's accreditation results.

7. To maintain and improve its vocational training quality.

8. To organize annual self-accreditation from the date of being granted a certificate of vocational training accreditation, and send reports thereon to the General Department of Vocational Training.

Article 26.- Responsibilities of ministries, branches and localities

Ministries, ministerial-level agencies, government-attached agencies, central agencies of socio-political organizations with attached vocational training institutions; People's Committees of provinces and centrally run cities; and provincial/municipal Services of Labor, War Invalids and Social Affairs shall direct vocational training institutions under their management to conduct vocational training accreditation and coordinate with the General Department of Vocational Training in these activities.

Article 27.- Elaboration of implementation plans

1. The Ministry of Labor, War Invalids and Social Affairs shall elaborate vocational training accreditation plans according to the general plan of the labor, war invalids and social affairs service.

2. Vocational training institutions shall elaborate plans to attain vocational training accreditation standards for each period.

Article 28.- Funding for operation

1. Funding for vocational training accreditation of public vocational training institutions shall be arranged in regular budget expenditure estimates of ministries, ministerial-level agencies and localities according to the current decentralization of state management and lawful revenue sources of vocational training institutions. The estimation, management, settlement and finalization of state budget funds for vocational training accreditation comply with the State Budget Law and current legal documents guiding this law.

2. For private vocational training institutions: Their operation funds shall be accounted as reasonable expend

3. Vocational training institutions may receive lawful financial supports from domestic or foreign organizations and individuals for ensuring vocational training quality and vocational training accreditation.