CHAPTER III: APPRENTICESHIP

Article 20.

1- Everyone has the right to freely choose a profession and a place for apprenticeship suited to the need of his  future employment.

2- All businesses, organizations and individuals who meet the conditions prescribed by law shall be allowed to open a job-training establishment. 

The Government shall issue regulations on the opening of job training ,establishments. . .

Article21

l- A job training establishment must be registered, operate according to the regulations on job training, is entitled to collect tuition and must pay tax as prescribed by law.

2- Shall be eligible for tax exemption and reduction the .'ob training establishments catering for war invalids, sick soldiers, the disabled, ,members of ethnic minorities or located in places with a large proportion of underemployment or unemployment, or those establishments teaching traditional crafts or job tutoring at the workshop or at home,

Article 22. An apprentice admitted to a job training establishment must be at least 13 years old, except for a number of jobs defined by the Ministry of Labour, War Invalids and Social Welfare. He must respond to the health norms required by the job to be taught.

Article 23.

l The business has the responsibility to organise the upgrading of the professional standard of the labouring people and to retrain them before transferring them to other jobs in the business. 

2 A business which signs on a person to learn or practice a trade in order later work for the business under the terms stipulated in the job learning or apprenticeship contract shall not have to register that person, but it must also not collect tuition from him. The time for learning or practicing a trade shall be included in the person's seniority of service at the business. During the period of job learning or apprenticeship if the learner or apprentice directly takes part in manufacturing products for the business, he shall be paid a salary to be mutually agreed upon by the two sides.

Article 24.

1. An apprenticeship can be effected only through a written or oral contruct between the apprentice and the teacher or the representative of the job training establishment. In case of a written contract, it must be done in two copies, each side keeping one copy

2- The job training contract must specify chiefly the target of training, the place of training, the level of tuition the duration of training and the level of compensation in case of violation of the contract.

3 In case the business signs on a job learner with explicit intent to employ him later at the business there must be in the job training contract a commitment to sign the term for which the learner shall work for the business and also a commitment to sign the labor contract after completion of the training. If after learning the trade the learner does not work for the business as has been committed he must compensate for the training expenditures.

4- No compensation shall be made if the job learning contract ends before term due to a force-majeure cause.

Article 25. It is strictly forbidden to all businesses, orginisations and individuals to misuse the signboard of teaching or handing down a trade to promote self interests, exploit the labour of the job learner or apprentice or induce and coerce him to undertake unlawful activities.

National Institute of Labour Protection of Vietnam-CIS/ILO Collaborating Center

Address: No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752  Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn