CIRCULAR

ON GUIDELINES FOR VOCATIONAL TRAINING ASSISTANCE FOR EMPLOYEES IN SMALL AND MEDIUM-SIZED ENTERPRISES

Pursuant to Law on Vocational Education dated November 21, 2014;

Pursuant to the Law on Assistance for Small and Medium-Sized Enterprises dated June 12, 2017;

Pursuant to Government's Decree No. 48/2015/ND-CP dated May 15, 2015 on guidelines for Law on Vocational Education;

Pursuant to Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for Law on Assistance for Small and Medium-Sized Enterprises;

Pursuant to Government's Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decision No. 46/2015/QD-TTg dated September 28, 2015 of the Prime Minister on assistance policies for elementary-level training and training under 3 months;

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The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for vocational training assistance for employees in small and medium-sized enterprises (hereinafter referred to as SMEs).

Article 1. Scope

This Circular provides guidelines for vocational training assistance at elementary level, training for under 3 months for employees in SMEs, including: eligibility requirements for employees receiving vocational training assistance; eligible vocations under assistance scheme; training process and methods; responsibilities of related agencies, units and individuals.

Article 2. Regulated entities

This Circular applies to employees working for SMEs; junior colleges, post-secondary schools, vocational education centers and other institutions which register vocational education activities (hereinafter referred to as vocational training institutions); SMEs prescribed in Clause 1 Article 4 of the Law on Assistance for Small and Medium-Sized Enterprises (hereinafter referred to as enterprises); related agencies, units and individuals.

Article 3. Eligibility requirements for employees receiving vocational training assistance

1. An employee who meets eligibility requirements prescribed in Clause 2 Article 14 of Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for SMEs and is sent by the enterprise to attend vocational training courses at elementary level or for under 3 months, may receive 100% of course fee subsidy.

2. Among the employees prescribed in Clause 1 of this Article, those who fall under the following cases will be given priority over vocational training assistance: people with meritorious services to the revolution, disabled people, ethnics, members of poor households, near poor households, members of households whose agricultural land or business land is appropriated, and employees who work for enterprises operating in rural areas, mountainous areas, ethnic minority areas and enterprises whose owners are females.

Article 4. Eligible vocations

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2. The enterprise may choose a vocational training institution in the central-affiliated city or province where it has operated which has training vocations prescribed in Clause 1 of this Article to send its employees to attend vocational training courses.

Article 5. Training process and methods

1. The enterprise sends an employee or employees to attend vocational training courses together with a document, specifying full name, date of birth, working time, number of social insurance book, expected vocations, training method, expected time of training for each employee, and send it to the vocational training institution and Department of Labor, War Invalids and Social Affairs where the enterprise has operated.

2. After the vocational training institution receives the document from the enterprise, it shall enroll or admit the employee(s) of the enterprise as the same as trainees to attend courses at elementary level as prescribed in Circular No. 42/2015/TT-BLDTBXH dated October 20, 2015 of the Minister of Labor, War Invalids and Social Affairs on training at elementary level (hereinafter referred to as Circular No. 42/2015/TT-BLDTBXH) or to attend courses under 3 months as prescribed in Circular No. 43/2015/TT-BLDTBXH dated October 20, 2015 of the Minister of Labor, War Invalids and Social Affairs on continuing form of training (hereinafter referred to as Circular No. 43/2015/TT-BLDTBXH).

3. Employees of the enterprise sent to attend a training course at elementary level or under 3 months may be arranged to attend a separate course or jointly attend with trainees of the vocational training institution, subject to decision of the head of the vocational training institution. The vocational training institution shall notify the enterprise and the trainees at least 10 working days before the start of the course.

4. The vocational training institution organizes training for employees of enterprises to attend training courses at elementary level as prescribed in Circular No. 42/2015/TT-BLDTBXH or training courses under 3 months in accordance with Circular No. 43/2015/TT-BLDTBXH according to the vocations and training skills chosen by the enterprise.

If the employee of enterprise is sent to attend an in-service training course at elementary level, provisions of Circular No. 31/2017/TT-BLDTBXH dated December 28, 2017 of the Minister of Labor, War Invalids and Social Affairs on training at college, secondary, elementary level in in-service training form.

Article 6. Responsibilities of related agencies, units and individuals

1. General Department of Vocational Education shall assist the Ministry of Labor, War Invalids and Social Affairs to take charge and cooperate with ministries or central agencies and local governments in directing and guiding provisions in this Circular. Inspect and evaluate implementation of policies for vocational training assistance for employees in enterprises as prescribed and consolidate the reports on performance of annual vocational enrollment and training.

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a) Direct Departments, agencies and units; vocational training institutions, enterprises of cities or provinces to implement this Circular.

b) Set aside budget for policies for vocational training assistance for employees in enterprises in accordance with laws and regulations and guidelines in this Circular.

c) Inspect and evaluate the implementation of policies for vocational training assistance for employees in enterprises and consolidate the reports on performance and then send them o the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment as prescribed.

3. Responsibilities of Department of Labor, War Invalids and Social Affairs

a) Advise People’s Committee of central-affiliated city or province to initiate policies for vocational training assistance for employees in enterprises as prescribed in this Circular.

b) Guide enterprises and vocational training institutions in the province or city to implement policies for vocational training assistance for employees in enterprises as prescribed in this Circular.

c) Consolidate plans and performance of policies for vocational training assistance for employees in enterprises of vocational training institutions in the province or city in accordance with applicable regulations and laws.

d) Inspect, supervise and evaluate implementation of policies for vocational training assistance for employees in enterprises of vocational training institutions, enterprises in the province or city and consolidate the annual reports on performance of vocational education institutions and send them to General Department of Vocational Education, People’s Committee of central-affiliated city and province.

4. Responsibilities of SMEs

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b) Annually, propose plans for vocational training assistance for employees in enterprises, under guidelines of Department of Labor, War Invalids and Social Affairs where the enterprises have operated, at least containing: evaluation of performance of vocational training assistance in the previous year (if any); intended plan for business development of enterprise; expected number of employees to be trained, vocations and training methods and other matters.

c) Choose vocations, vocational training institutions and send employees in the enterprise to attend vocational training courses as prescribed in this Circular. Take responsibility for choosing, proposing employees in the enterprise to attend vocational training courses as per the law.

d) Pay salaries, contributions to the insurance fund, health insurance fund to the trainees while they are attending courses as prescribed in Clause 3 Article 62 of the Labor Code and other costs (if any) as prescribed in Article 144 of the Labor Code. The enterprise shall reach agreement with the employee on other-related costs.

dd) Supervise the vocational training of vocational training institutions provided for employees sent by the enterprise and consolidate the reports on performance of policies for vocational training assistance in the annual report and send it to Department of Labor, War Invalids and Social Affairs where the enterprise has operated as prescribed in Clause 2 Article 60 of the Labor Code.

5. Responsibilities of vocational training institutions

a) Prepare annual plans for implementation of policies for vocational training assistance for employees in enterprises under guidelines of Department of Labor, War Invalids and Social Affairs of central-affiliated cities or provinces

b) Provide employees in enterprises with guidance on enrollment applications, training administration. Provide vocational training courses at elementary level or under 3 months for employees in enterprises as prescribed in Article 5 of this Circular.

c) Notify enterprises of performance of trainees who are sent by the enterprises to attend the vocational training courses.

d) Send reports on vocational training courses for employees in enterprises in reports on enrollment and vocational training as prescribed to Department of Labor, War Invalids and Social Affairs of central-affiliated cities or provinces.

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a) Learn about and request the enterprise to provide employees with guidelines for policies and regulations on vocational training assistance for employees in enterprises and human resource training and development for enterprises.

b) Choose and propose enterprises vocations, vocational training institutions, training locations, training methods, training duration and other necessities when attending vocational training courses in accordance with laws and regulations and regulations of enterprises.

c) Properly and fully declare information about trainees and take responsibility for declared information in the admission applications. Fully participate in training programs of the course. Observe regulations of the class, of the vocational training institution.

d) Report trainees’ performance in the training course and observance of the enterprise’s assignment after the completion of the vocational training course.

Article 7. Entry in force

1. This Circular comes into force as of February 8, 2019.

2. The difficulties that arise during the implementation must be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

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Thông tư 32/2018/TT-BLĐTBXH hướng dẫn việc hỗ trợ đào tạo nghề đối với lao động đang làm việc trong doanh nghiệp nhỏ và vừa do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành