Quyết định 46/2015/QĐ-TTg của Thủ tướng Chính phủ về việc Quy định chính sách hỗ trợ đào tạo trình độ sơ cấp, đào tạo dưới 03 tháng

THE PRIME MINISTER

Decision No.46/2015/QD-TTg dated September 28, 2015 of the Prime Minister on policies on support for basic training courses and short-term training courses

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Law on Vocational education dated November 27, 2014;

Pursuant to the Law on Employment dated November 16, 2013;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The Prime Minister promulgates a Decision on policies on support for basic training courses and short-term training courses.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decision deals with policies for support for basic training courses and training courses shorter than 03 months (hereinafter referred to as short-term courses), including: subsidies on training costs; allowance for living costs, and organization of implementation of policies for support for basic training courses and short-term courses.

Article 2. Subject of application

1. Females, rural workers, disabled people who take basic training courses and short-term courses; priority shall be given to disabled people and beneficiaries of benefits for meritorious persons, people from ethnic minorities, members of poor households, members of households whose agriculture land or business land is withdrawn, laid off female workers , fishermen; relevant agencies, organizations, and individuals.

Article 3. Rules for provision of support for basic training courses and short-term training courses

1. Learners who take basic training courses and short-term courses are allowed to select their vocations and training institutions. Support for learners shall be provided by the training institutions that run basic training courses and short-term courses.

2. Each person only receives support one time according to the policies in this Decision. People who have received support for training under other policies of the State shall not receive the support prescribed by this Decision. With regard to people who has received training support but lose their jobs because of objective causes, the People’s Committee of the communes shall consider providing training support for them to change their jobs under the policies of this Decision. Support shall not be provided more than 03 times.

Chapter II

LEVEL OF SUPPORT FOR BASIC TRAINING COURSES AND SHORT-TERM TRAINING COURSES

Article 4. Subsidies on training costs

1. Disabled people: up to VND 6 million/person/course.

2. Poor people from ethnic minorities in; members of poor households in extremely disadvantaged communes/villages prescribed by the Prime Minister: up to VND 4 million/person/course.

3. People from ethnic minorities, beneficiaries of benefits for meritorious persons, members of poor households, members of households whose agriculture land or business land is withdrawn, laid off female workers , fishermen: up to VND 3 million/person/course.

4. People or near-poverty households: up to VND 2.5 million/person/course.

5. Females, and rural workers other than those mentioned in Clauses 1, 2, 3, 4 of this Article: up to VND 2 million/person/course.

6. Fishermen who learn the following vocations: operating vessels whose hulls are made of steel or new materials, new harvesting and preservation technologies for ships whose total power is 400 CV and over will have 100% of training costs covered according to the Government s Decrees.

7. Any person who is eligible for more than one level of subsidies mentioned in Clauses 1, 2, 3, 4, 5, 6 of this Article shall receive the highest subsidy.

8. The subsidy on training cost of each vocation and the specific level of subsidy for each learner of basic training courses and short-term courses shall be approved by President of the People’s Committee of the province or central-affiliated city (hereinafter referred to as province), head of central agency in charge of provision of support for basic training courses and short-term courses depending on each training program, the training duration, and characteristics of each area.

With regard to the vocations of which training costs are higher than the subsidies prescribed in this Article, local governments and training institutions shall formulate plans for raising additional funds from local budgets, enterprises, learners’ contributions, and other lawful sources of sponsorships to cover the training costs.

9. Apart from the entities mentioned in Clauses 1, 2, 3, 4, 5 of this Article, the People’s Committees of provinces, in consideration of the conditions of their provinces and provincial budgets, shall provide and raise other funding sources to provide support for other people who wish to have vocational training.

Article 5. Subsidies on living cost

1. Beneficiaries: disabled people, beneficiaries of benefits for meritorious persons, people from ethnic minorities, members of poor households, members of households whose agriculture land or business land is withdrawn, laid off female workers who take basic training courses and short-term courses.

2. Subsidies:

a) Subsidy on meals: VND 30,000/person/learning day.

b) Subsidy on traveling cost: VND 200,000/person/course if their residences are at least 15 km from the training location.

For disabled people and learners residing in disadvantaged or extremely disadvantaged communes/villages prescribed by the Prime Minister: VND 300,000/person/course if their residences are at least 15 km from the training location.

3. Apart from the entities and subsidies mentioned in Clause 1 and Clause 2 of this Article, Ministries, regulatory bodies, local governments, and training institutions, depending on their capacity, shall raise additional funding sources to provide more subsidies for learners during the courses.

Article 6. Funding for implementation of training support policies

1. Sources of funding for provision of support for basic training courses and short-term courses include:

a) Central government budget;

b) Local government budgets;

c) Funding provided by organizations, individuals, enterprises, and other lawful sources.

2. Ministries, regulatory bodies, and local governments shall combine funding provided by central government budget, local government budgets, and other sources to run basic training courses and short-term courses in accordance with this Decision and the Law on State budget.

Chapter III

ORGANIZIATRION OF IMPLEMENTATION OF POLICIES ON SUPPORT FOR BASIC TRAINING COURSES AND SHORT-TERM COURSES

Article 7. Plan formulation, contract conclusion, and training task assignment

1. Ministries, regulatory bodies, and local governments shall formulate and approval annual plans for provision of basic training courses and short-term courses for the entities regulated by this Decision according to their demand for vocational training, enterprises’ demand for employment, and provided funding for training support.

Training plan includes: List of vocations, training levels, learner quantity, training institutions, locations, training cost of each vocation, estimate of necessary funding, and agencies appointed to implement policies on support for basic training courses and short-term courses (hereinafter referred to as assigning agencies).

2. According to approved plans, agencies appointed to implement policies on support for basic training courses and short-term courses shall conclude training contracts and assign tasks to training institutions eligible to provide vocational training as prescribed.

3. The contract conclusion and task assignment shall comply with the Law on Investment, the Law on State budget, and their instructional documents.

Article 8. Learners’ implementation of training support policies

1. Learners shall complete applications for vocational training and send them to training institutions eligible to provide vocational training they select.

2. Depending on the funding, training contract, and quantity of learners regulated by this Decision, training institutions shall run basic training courses and short-term courses, pay for living costs of the entities mentioned in Article 5 of this Decision during the courses.

3. Training institutions shall submit financial statements to assigning agencies according to the fulfillment of assigned tasks or training contracts.

Article 9. Responsibilities of Ministries and central agencies

1. The Ministry of Labor, War Invalids and Social Affairs shall:

a) Instruct other Ministries, regulatory bodies, and local governments to annually formulate plans, estimate necessary funding for support for basic training courses and short-term courses; consolidate plans and funding demands and send them to the Ministry of Finance, the Ministry of Planning and Investment for inclusion in the State budget estimate, which will be submitted to the Prime Minister;

b) Provide guidance on provision of training support, program formulation, training provision; multiplication of basic training and short-term training model;

c) Cooperate with the Ministry of Finance in providing guidance on management and use of funding for provision of support for basic training courses and short-term courses;

d) Inspect, supervise provision of support for basic training courses and short-term courses; submit biannual and annual reports to the Prime Minister.

2. The Ministry of Finance shall:

a) Cooperate with the Ministry of Labor, War Invalids and Social Affairs in providing guidance on management and use of funding for provision of support for basic training courses and short-term courses.

b) Inspect, supervise provision of support for basic training courses and short-term courses, management and use of funding for support prescribed by this Decision and the Law on State budget.

3. The Ministry of Planning and Investment shall:

a) Provide guidance on plan formulation, impose targets of support for basic training courses and short-term courses upon Ministries, regulatory bodies, and local governments in annual and 5-year socio-economic development plans;

b) Inspect, supervise implementation of policies on support for basic training courses and short-term courses.

4. Other Ministries and agencies

a) Direct vocational training institutions, enterprises, and other establishments under their management to participate in provision of basic training courses and short-term courses under the policies of this Decision;

b) Supervise vocational training institutions, enterprises, and other establishments under their management running basic training courses and short-term courses; submit biannual and annual reports to the Ministry of Labor, War Invalids and Social Affairs.

Article 10. Responsibilities of the People’s Committees of provinces

1. Compile lists of vocations, training costs of each vocation, subsidies for each group of learners, annual and 5-year training plans under the policies of this Decision.

2. Provide funding from local budgets, combine with other sources of funding to provider supports in accordance with this Decision and the Law on State budget.

3. Organize the implementation of policies in this Decision, assign tasks to or sign contracts with vocational training institutions, enterprises, and other establishments eligible to provide vocational training; Enterprises who provide training for employees and vocational training institutions having satisfactory training programs shall be given priority.

4. Direct radio, television, and press agencies in the province to run a program about career counseling, vocational training, and creation of employments.

5. Direct other agencies to do activities that support production, create employments, build up trademarks, and sell products for employees after training.

6. Implement policies on support for basic training courses and short-term courses in this Decision; take responsibility for result and effectiveness of vocational training in their provinces.

7. Inspect, supervise provision of support for basic training courses and short-term courses in their provinces; submit biannual and annual reports on results and effectiveness of vocational training to the Ministry of Labor, War Invalids and Social Affairs.

Article 11. Responsibility of training institutions to implement policies on support for basic training courses and short-term courses

1. Run basic training courses and short-term courses under training contracts or given tasks in accordance with regulations on vocational education.

2. Arrange time, location, and training schedule flexibly depending on the vocations, manufacturing process, growth cycles of plants, animals, and conditions of learners.

3. Provide support for learners properly and in a timely manner in accordance with this Decision.

4. Take responsibility for management and use of funding as prescribed by law.

5. Submit reports on results and effectiveness of basic training courses and short-term courses, use of support funding to assigning/contracting agencies and Departments of Labor, War Invalids and Social Affairs of provinces.

Article 12. Implementation effect

1. This Decision takes effect on January 01, 2016.

2. People who are receiving support and the training course is not finished when this decision comes into force shall receive the level of support according to this Decision.

3. This Decision replaces regulations on support for short-term vocational training courses for people from ethnic minorities in Clause 1 Article 3 of the Prime Minister’s Decision No. 42/2012/QD-TTg dated October 08, 2012; policies on support for short-term vocational training courses for members of households whose agricultural land is withdrawn in Point a Clause 1 Article 4 of the Prime Minister’s Decision No. 52/2012/QD-TTg dated November 16, 2012, and other regulations on basic training courses and short-term courses that contravene this Decision.

4. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, heads of relevant agencies, relevant organizations and individuals shall implement this Decision./.

The Prime Minister

Nguyen Tuan Dung