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Regulations of Shenzhen
Municipality on
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Vocational Training
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(Adopted
at the 20th meeting of the Standing Committee of the
Third Shenzhen Municipal People' s Congress on Nov 23rd, 2002,
and ratified at the second meeting of the Standing Committee of
the 10th Guangdong Province People' s Congress on
April 2nd, 2003.)
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Chapter
¢ñ
General Provisions
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Article 1
In order to strengthen and promote the vocational
training, improve the whole quality of the laborers, and adapt
to the need of the economic and social sustainable development,
these regulations are formulated
in accordance with the Labor
Law of the People' s
Republic of China, the Vocational
Education Law of the People' s
Republic of China ,other
laws and regulations and actual circumstances of Shenzhen
Municipal.
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Article 2
These regulations shall be applied to the vocational training
undertaken in territory of Shenzhen
Municipality.
¡¡
Article 3 "Vocational
training" in
these regulations refers to the vocational education whose main
content is professional standards
and vocational rules and whose
object is to improve the vocational skills, including pre-job
training,
on-the-job training, training prior to shift of posts
or retraining for demobilized armymen, training for
re-employment and other technical training.
¡¡
Article 4 Vocational training shall be adapt to
the need of the economy development, scientific progressment and
employment-obtaining, and provide the services for cultivating
and improving the labors' employment
ability, work ability and shift-post ability.
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Vocational training shall be combined with implement
of the system of employment access and system of certification
for vocational qualification.¡¡
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Article 5
People' s
government shall incorporate the development of vocational
training into the their general plans
of the economic and social
development, draft up the development plan of vocational
training, give
overall consideration and develop the undertaking
of vocational training.
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People' s government shall give full play to the roles of all
kinds of vocational technical schools and other training
institutions, encourage and support enterprises, institutions,
public organizations, other social
groups and individuals to
sponsor vocational training in various forms, and encourage and
help
the laborers to take part in vocational training.
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Article 6
The employing unit shall establish a system of vocational
training, and provide labors with vocational
training in a
planned way and in light of the actual conditions of the unit..
¡¡¡¡Article
7
Laborers are entitled to vocational training according to law,
and are liable to accept vocational
training in line with the
need of their posts.
¡¡¡¡Article
8 People' s
government shall guarantee the legal rights and interests of
vocational training institutions.
And vocational training
institutions shall enjoy the autonomy of running a school
according to
law.
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The vocational training institution shall guarantee
the quality of vocational training, and abide by laws and
regulations, and carrying out the state vocational education
plan.
¡¡¡¡Article
9
Municipal or district labor administrative departments is the
competent authority of the vocational
training in the territory
of this administrative region, which is liable for the
implementation
of these regulations.
¡¡¡¡Article
10 The
Trade
Association of vocational training is an organization in charge of self-regulation of
vocational training institutions. The operation
of the Trade
Association and the rights and obligations of the members shall
be specified in its
Article of Association. The main duties of
the Trade Association is the following:
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(1) To carry out the
laws and regulations on vocational training;
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(2)To draft the specific
plans and measures of implementing development programs of
vocational training;
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(3) To guide the
professional installation and development direction of
vocational training;
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(4) To draft the
practicing rules on vocational training;
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(5) To report the
suggestions and requests of members and protect the legal rights
and interests
of members; and
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(6) To transact affairs
authorized by the labor departments.
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Chapter
¢ò
Vocational Training Institutions
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Article 11
People' s
government may establish a vocational training institution in
accordance with the actual needs
and development plans of
vocational training.
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Enterprises,
institutions, social groups, other social organizations and
individuals with the following
requirements and approval of the
labor departments may set up a vocational training institution:
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(1) Having institutional
framework and management system;
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(2) Having teachers and
managerial personnel qualified with the vocational training
which they are
engaged in;
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(3) Having sites, facilities and equipments
stipulated in line with the stipulations of the People' s
Government;
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(4) Having a capital not
less than 100,000 yuan for running schools; and
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(5) Complying with the development plans of
vocational training specified by the People' s Government.
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Article 12
The labor departments shall decide to approve or not within 20
working days from receiving the
application of establishing a
vocational training institution. If an approval is made, the
license
for running a school shall be issued and a copy shall be
made and reported to education administrative departments
at the
same level for record; if not, a written reply shall be made to
the applicant.
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Article
13
When receiving the license for running a school, vocational
training institutions shall conduct
the registration for
government-sponsored institutions or for non-governmental and
non-business
institutions in accordance with relevant
provisions.
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The license shall not be rented or transferred.
¡¡¡¡Article
14 People' s
Government shall establish Public Practicing Training
Base(hereinafter referred to as "PPTB" )
in accordance with the development plans of vocational training.
The PPTB shall open to the public
and offer practicing training
services.
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People' s
government shall encourage and support enterprises, trade
unions, other social groups and individuals
to establish the
PPTB.
¡¡¡¡Article
15
Vocational training institutions shall provide charging services
and shall not violate the provisions
made by Price
Administrative Department.¡¡¡¡
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Chapter
¢ó
Implementation of Vocational Training
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Article 16
Vocational Training shall be implemented according to profess
vocational criteria, or vocational
rule established by Labor
Department of province or municipality if there no state
vocational criteria.
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Vocational training
institution shall put training plan on records in labor
departments before the
implementation, if there are no criteria
and rule in the precede article.
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Article
17
Labor departments shall give preparative training to students of
middle school or high school who
fail to pass the entrance test
to higher school in all kinds of ways.
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Article
18
Labor departments shall take reemploying training to unemployed
workers, and the training fees
shall expenditure from
unemployment insurance fund.
¡¡¡¡ Article 19
The government shall organize vocational training for disability
in accordance with their health
and employment ambition.
Disabilities shall be paid proper maintenance in their training
time,
and the training fees and maintenance shall expenditure
from guarantee fund of disabilities employement.
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Article
20
Employers shall take vocational training to newly employed
before they go to work in accordance
with laws, regulations and
factual condition.
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The
technical workers must taking vocational training before they go
to work. And they must obtain
qualification before they go to
work if it is necessary according to the provision of state.
¡¡¡¡Article 21
Employers shall not charge fees if they take vocational training
for their employees, which shall
apply to public welfare
vocational training of other organizations.
¡¡¡¡Article
22
Employers may conclude training contract with employees as the
addition of labor contract, if they
were released from
production to take on vocational training.
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The
training contract shall make clear the aim, content, means,
term, rights and obligations of
both parties, fee bearing,
liability for breach of contract and so on.
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¡¡Article
23
Teachers of vocational training institution shall be qualified
as state vocational education teachers.
¡¡¡¡
Article 24 The training
institution shall keep away with the identifying institution who
can grant qualification
and quality or confirm rate in the
training of vocational qualification or technique rank.
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Laborers
can apply technical identification to vocational technical
identifying institution after
join vocational training, and they
were grant vocational qualification certificate or technique
rank certificate by municipal labor department if they passed
the identification.
¡¡Article
25
Education from vocational technical school shall in accordance
with state vocational criteria,
and pay great attention to
vocational technique training.
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Students
of vocational technical school shall be qualified with
corresponding vocational technical
criteria, and obtain
corresponding vocational qualification certification.
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Chapter
¢ø The safeguard of Vocational Training
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Article
26 The
government shall take all kinds of ways to set up or perfect
safeguarding system of vocational
training, and encourage to
collect funds developing vocational training by all kind of ways
according
to laws.
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Article
27
Labor department shall set up appraisal system on vocational
training institution, and rate vocational
training institution
according to scale of school, training quality, working rate and
so on.
¡¡
Article
28 The funds of vocational
training institution and public practicing base set up by the
government
shall be brought into the finacial budget of
municipality and district.
¡¡¡¡Article 29
Employers shall draw training fee at 1.5% of the total amount of
wage, and expenditure from cost.
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The fee shall be used specifically, and no abusing is
permitted.
¡¡¡¡Article 30
Labor unions shall join and promote vocational training of
enterprises, and supervise it to protect
the rights to join
vocational training of laborers.
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Article
31 The government and other
relevant departments shall bring the training on vocational
training teachers
into development plan of teachers,
guaranteeing the teachers to satisfy the needs of the
development
of vocational training.
¡¡
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Chapter¢õ
Legal Responsibility
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Article 32
Any vocational
training institution who violates Article 13 in these
regulations shall be punished
by Labor Department according to
following provisions:
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(1)
If he undertakes vocational training exceeding the
practicing scope specified in license for running school, he
shall be ordered to correct in specified time, confiscated
illegal earnings; and shall be imposed
a fine of more than
10,000 but less than 30,000 if correction fails to be made in
time limit;
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(2)
If he fails to attend annual checkup or is found not to
conform with the establishment requirements, he shall be
ordered
to correct in specified time; and shall be revoked license for
running school if the correction
fails to be made in time limit;
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(3)
If he rents or transfers the license for running school,
he shall be ordered to correct in specified time, forfeited
the
illegal earnings, and imposed a fine of more than 10,000 but
less than 30,000; and shall be
revoked the license if the correct fails to be made in time
limit.
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Article
33
Vocational training institution shall be ordered to refund the
exceeding charges by Labor Department
and be imposed penalty by
Price administrative Department according to law, if they charge
fees
exceeding the projects and standards checked and ratified
by Price administrative Department in violation of Article
15 in
these regulations.
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Article
34
The vocational training institutions shall be ordered to correct
in specified time by Labor Department,
if they take vocational
training without conforming with national vocational standard or
vocational
rules made by Labor Department in violation of
Article 16(1) in these regulations; And shall be revoked their
licenses for running school.
¡¡¡¡Article
35
Employing working units shall be warned by Labor Department and
ordered to correct in specified
time, if they arrange workers
without corresponding vocational qualifications to go in for
technical
type of work in violation of Article 20(2) in these
regulations. If they fails to correct in time limit, they shall
be imposed a fine of more than 1000 but less than 3000 yuan.
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Article
36
The vocational training institutions shall be ordered by Labor
Department to repay what they have
charged, and shall be imposed
a fine equal to what they have charged, if they undertake
chargeable
vocational training in violation of Article 26 in
these regulations.
¡¡¡¡Article
37
Any of the enterprises who draws or uses vocational training
charges in violation of Article29
in the regulations shall be
warned and ordered to correct in specified time by Labor
Department.
¡¡¡¡Article
38
The vocational training institutions shall be liable for
compensation if they are in breach of
laws and thereby bring
losses to laborers.
¡¡¡¡Article
39
The executives and other persons who bear direct responsibility
shall be imposed administrative
penalty, if the staff member in
labor department abuse their rights, neglect their duties, or
practice
irregularities for personal gains; or shall be
prosecuted for criminal liability in the case where a crime is
constituted.
¡¡¡¡
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Chapter¢ö
Supplementary
Provision
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Article 40
These regulations shall take effect as of July 1st, 2003. |
