Contents
Article 2.Building Labour Skills
Article 3.Developing Labour Skills
Article 5.Principles of Building and Developing Labour Skills
Article 6.Basic Factors of Building and Developing Labour Skills
Article 7.Information related to Building and Developing Labour Skills
Article 8.Advices on Careers Article 9.Scope of Application
Article 9.Scope of Application
Chapter 2: Building Labour Skills
Article 10.Objectives of Building Labour Skills
Article 11.Types of Building Labour Skills
Article 12.Organisations for Building Labour Skills
Article 13.Structure of Building Labour Skills
Article 14.Qualification of Building Labour Skills
Article 15.Places for Building Labour Skills
Article 16.Learners and Eligibility of Participants for Building Labour Skills
Article 17.Teachers and Benefits for Teachers
Article 18.Professional Standards
Article 19.Authorities responsible for Building Labour Skills
Chapter 3: Developing Labour Skills
Article 20.Objectives of Developing Labour Skills
Article 21.Types of Developing Labour Skills
Article 22.Organisations for Developing Labour Skills
Article 23.Structure of Developing Labour Skills
Article 24.Development and Approval of Curriculum
Article 25.Standard of Labour Skills
Article 26.Building Labour Skill Standards at each Level
Article 27.Category of Labour Skill Standards
Article 28.Places, Vehicles and Equipment for Developing Labour Skills
Article 29.Eligibility of Participants for Developing Labour Skills
Article 30.Teachers for Labour Skill Development
Article 31.Standards of Teachers for Labour Skill Development
Article 32.Benefits for Teachers for Developing Labour Skills
Article 33.Expenses of Participants to the Labour Skill Development
Article 34.Obligations of Employers towards Labour Skill Development
Article 35.Service Providers for Developing Labour Skills
Article 36.Organisations responsible for Developing Labour Skills
Chapter 4: Testing Labour Skill Standards
Article 37.Objectives of Testing Labour Skill Standards
Article 38.Eligibilities of Participants to Testing of Labour Skill Standards at Various Levels
Article 39.Standards of the Testing
Article 40.Principles applicable to Testing of Labour Skill Standards
Article 41.Organisations for Testing of Labour Skill Standards
Article 42.Certification of Labour Skill Standards
Article 43.Issuance of Certificates of Labour Skill Standards
Article 44.Professional Qualification Equivalency
Article 45.Acknowledgement and Use of Labour Skill Standard Certificates
Article 46.Organisation for Labour Skill Competition
Chapter 5: National Technical Vocational Education and Labour Skill Development Consultation Council
Article 47.National Technical Vocational Education and Labour Skill Development Consultation Council
Chapter 6: Fund for Building and Developing Labour Skills
Article 53.Objectives of the Fund for Building and Developing Labour Skills
Article 54.Sources of Fund for Building and Developing Labour Skills
Article 55.Use of Fund for Building and Developing Labour Skills
Article 56.Use, Management and Inspection of Fund for Building and Developing Labour Skills
Chapter 7: Administration and Inspection of the Building and Developing Labour Skills
Article 57.Administration and InspectionArticle 58.Administration and Inspection Agencies
Article 58.Administration and Inspection Agencies
Chapter 8: Awards for Good Performance and Measures against Violators
Article 59.Awards for Good PerformanceArticle 60.Measures against Violators
Article 60.Measures against Violators
Article 61.Implementation Article 62.Effectiveness
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
Prime Minister’s Office No. 036/PM
Vientiane Capital, dated 22 January 2010
DECREE
on
Building and Developing Labor Skills
The Prime Minister hereby issues a Decree:
General Provisions
This Decree defines the principles, regulations and measures relating to the building and developing labour skills, and testing and certifying labour skill standards, to ensure that employees have knowledge, capabilities, creativities, skills, disciplines, positions, and legal basic knowledge, aiming to meet labour market demands and socio-economic development plans with the direction towards industrialization and modernization of the Party-Government.
Article 2.Building Labour Skills
Building labour skills is to provide technical-vocational learnings-teachings in vocational fields and other fields of education, aiming to build Lao labours with necessary knowledge, skills and attitudes, so that they can work in work places and business places by themselves in accordance with labour market demands, and also aiming to facilitate continuous learning or testing of labour skills.
Article 3.Developing Labour Skills
Developing labour skills is to upgrade skills and attitudes towards the works of employees who already have basic vocational knowledge and experiences, so that they would become expertized and disciplined in work performance. This is to upgrade their techniques and technologies aiming to prepare themselves for competition and testing of skills, and for certifying their labour skills in accordance with national, regional and international skills.
Terms used in this Decree have the following meanings:
Article 5.Principles of Building and Developing Labour Skills
Building and developing labour skills shall follow the following principles:
Article 6.Basic Factors of Building and Developing Labour Skills
Building and developing labour skills shall have the following basic factors:
Article 7.Information related to Building and Developing Labour Skills
Ministry of Labour and Social Welfare has duties to collect, study and analyse data in order to plan out labour skill development plan that meets labour market demands, in coordination and collaboration with Ministry of Education and other relevant sectors.
Labour skill development institutes, technical-vocational training centers and training service providers, as well as labour units and projects must have information databases in order to supply information to labour skill building and developing organisations.
Labour skill building and developing organisations shall have database systems relating to labour skill standards, which can be connected to both domestic and international sectors.
Ministry of Labour and Social Welfare cooperates with Ministry of Education and other relevant sectors to develop mechanisms for organisation of career advices, awareness raising and consultation in relation to professional learning-training, and jobs before working for educational places and training institutes to provide consultation relating to building and developing labour skills, aiming that trainees can decide which career is appropriate to their talents and in line with labour market demands.
Article 9.Scope of Application
This Decree applies to specific areas of building labour skills in technical-vocational education system and developing labour skills for labour forces entering labour markets, as well as labours currently working at labour units, projects and business places.
This Decree does not apply to areas of arts that are under specific regulations.
Building Labour Skills
Article 10.Objectives of Building Labour Skills
Building labour skills has the following objectives:
Article 11.Types of Building Labour Skills
Building labours skills has four types as following:
Article 12.Organisations for Building Labour Skills
Organisations for building labour skills can be:
Article 13.Structure of Building Labour Skills
Structure of building labour skills in technical vocational education and professional training is the following:
In addition to the building labour skills at tertiary-level professional education, higher continuous or connecting curriculum can also be conducted.
Article 14.Qualification of Building Labour Skills
Qualification of building labour skills is the following:
Article 15.Places for Building Labour Skills
There are 4 types of places for building labour skills as follows:
Article 16.Learners and Eligibility of Participants for Building Labour Skills
Learners and eligibility of participants for building labour skills shall follow provisions of Articles 34 to 40 of the Law on Education.
Article 17.Teachers and Benefits for Teachers
Teachers teaching for building and developing labour skills are divided into two types as following:
Teachers receive salaries, wages and other benefits in accordance with the laws and regulations. State organisations and civil organisations shall pay attention to teachers by providing opportunities to upgrade their knowledge, by allowing them to go to study pedagogy and other specialisations within the country or in foreign countries, and by providing appropriate benefits so that teachers will increase their knowledge and capabilities to successfully perform their duties in building labour skills.
Article 18.Professional Standards
Ministry of Education determines professional standards in coordination and cooperation with Ministry of Labour and Social Welfare and relevant sectors to study national professional standards in the development of technical vocational education and professional trainings.
Article 19.Authorities responsible for Building Labour Skills
Ministry of Education is responsible to build labour skills, approve and issue curricula, learning-teaching materials, endorse professional qualifications, and manage technical aspects of building labour skills in its vertical line from central to local levels.
Developing Labour Skills
Article 20.Objectives of Developing Labour Skills
Developing labour skills has the following objectives:
Article 21.Types of Developing Labour Skills
Developing labours skills has two types as following:
Article 22.Organisations for Developing Labour Skills
Organisations for developing labour skills can be:
Article 23.Structure of Developing Labour Skills
Structure of developing labour skills is determined by levels as following:
Article 24.Development and Approval of Curriculum
Labour skill development centers or institutes shall research and develop labour skill development curriculum and propose to Ministry of Labour and Social Welfare for consideration, approval and issuance.
Article 25.Standard of Labour Skills
Standard of labour skills is the determination of knowledge, capability, professional expertise and attitude of labours as references for testing and endorsement of labour quality. This has 3 levels i.e.:
Article 26.Building Labour Skill Standards at each Level
Building labour skill standards at national level is to gather and improve local or occupational labour skill standards to a higher level, which is the national labour skill standards in accordance with ASEAN, regional and international labour skill standards.
Building labour skill standards at local or occupational level is to gather and improve labour skill standards of associations or occupational groups and projects to a higher level which is the local or occupational labour skill standards.
Building labour skill standards at occupational group level is to gather and improve labour skill standards of labour units to a higher level which is the occupational group labour skill standards.
Labour skill standards at each level shall be endorsed by national technical vocational education and labour skill development consultation council which consists of three parties: public organisations, employers and employees, and approved for use by Ministry of Labour and Social Welfare.
Article 27.Category of Labour Skill Standards
Labour skill standards are divided into four levels:
Article 28.Places, Vehicles and Equipment for Developing Labour Skills
Places, vehicles and equipment for developing labour skills shall be made available to examiners, committees, participants to labour skill developing, and for testing of labour skill standards, in order to facilitate the achievement of quality of labour skill standards in accordance with the laws and regulations.
Ministry of Labour and Social Welfare, local administrations and relevant sectors shall promote stakeholders to invest in building places, and providing vehicles and equipment for testing and developing labour skills.
Establishment of labour skill development centers or institutes shall be in line with national socio-economic development plan and labour skill development strategic plan, and approved by Ministry of Labour and Social Welfare.
Article 29.Eligibility of Participants for Developing Labour Skills
Participants for developing labour skills shall have the following eligibilities:
Article 30.Teachers for Labour Skill Development
Teachers for labour skill development are:
Article 31.Standards of Teachers for Labour Skill Development
Teachers for labour skill development shall have the following standards:
Article 32.Benefits for Teachers for Developing Labour Skills
Teachers for building labour skills receive salaries, wages and other benefits in accordance with the laws and regulations.
State organisations, civil organisations, legal entities and individuals shall pay attention to teachers for building labour skills by providing opportunities to upgrade their knowledge, by allowing them to go to study pedagogy and training relating to testing of labour skill standards and other necessary specialisations within the country or in foreign countries, and by providing appropriate benefits so that teachers for developing labour skills will increase their knowledge and capabilities to successfully perform their duties in developing labour skills.
Article 33.Expenses of Participants to the Labour Skill Development
The Government uses 1.5% of the fund of personal income tax in accordance with Article 11 of the Labour Law for the expenses each year for poor people, people with disabilities, disadvantage people, talent people, and children of people who have done great things for the nation, in the form of tuition fees and scholarship in accordance with the laws and regulations.
Labour units sending their labours to participate in the labour skill development shall use 1% of salary fund of their labour units in accordance with Article 11 of the Labour Law for registration fees.
Participants to the labour skill development falling within the two above-mentioned target groups shall be responsible by themselves of registration fees.
Article 34.Obligations of Employers towards Labour Skill Development
Employers of labour units or projects shall have the following obligations:
Article 35.Service Providers for Developing Labour Skills
Service providers for developing labour skills are those who are authorized to establish training centers and institutes for developing labour skills, and approved by Ministry of Labour and Social Welfare.
Service providers for developing labour skills shall have the duties to manage participants to the trainings and training institutes, organise learning-teaching in accordance with the curriculum, implement strictly the state laws and regulations, set up rules, and provide appropriate benefits to personnel working in the places for labour skill development.
Article 36.Organisations responsible for Developing Labour Skills
Ministry of Labour and Social Welfare is responsible to develop labour skills, test and certify labour skill standards, including labour skill competition, approval for establishment of labour skill development centers and institutes, endorse, approve and issue curricula and handbooks for labour skill development, manage technical aspects in its vertical line from central to local levels, and coordinate and cooperate with both public and private relevant sectors, especially the tripartite representatives: government organisations, employers and employees.
Testing Labour Skill Standards
Article 37.Objectives of Testing Labour Skill Standards
Objectives of testing labour skill standards focus on certifying levels of skill standards of employees who graduated from training centers, institutes and colleges, and who have actual working experiences, to ensure capabilities in performing duties and determination of salaries or wages appropriately for employees.
Article 38.Eligibilities of Participants to Testing of Labour Skill Standards at Various Levels
Participants to the testing of labour skill standards at each level shall have the following specific eligibilities:
Article 39.Standards of the Testing
Testing labour skills shall meet the following standards:
Article 40.Principles applicable to Testing of Labour Skill Standards
Testing of labour skill standards shall follow the following principles:
Article 41.Organisations for Testing of Labour Skill Standards
Ministry of Labour and Social Welfare authorises the testing of labour skill standards of each level as follows:
Places for testing of labour skill standards in each level shall be in line with actual contexts for appropriate tests.
Article 42.Certification of Labour Skill Standards
Certifying labour skill standards is to endorse test results of test committees which certify labour skill standards of those who have passed test procedures.
All employees who have eligibilities as stated in Article 38 and have passed the test in accordance with Article 40 of this Decree shall receive certificates of labour skills from labour skill standard test committees.
People who have been certified by the labour skill standard test committees shall receive certificates from labour skill development institutes.
Article 43.Issuance of Certificates of Labour Skill Standards
Labour skill building and development centers or institutes authorized by Ministry of Labour and Social Welfare shall issue certificates of labour skill standards of each level in accordance with regulations.
Article 44.Professional Qualification Equivalency
Professional qualification equivalency of labour skill development is as follows:
Higher professional qualification shall be compared with learning or training curriculum of each occupation field.
Article 45.Acknowledgement and Use of Labour Skill Standard Certificates
Employers shall acknowledge professional qualification and certificates of labour skill standards of employees who will be accepted to work for such employers.
Business operators relating to an occupation shall have labour skill standard certificates of themselves or of their relevant technicians in order to comply with the laws and regulations.
Employees holding a labour skill standard certificate can attempt a test higher than their levels.
Labour units and projects that admit employees to work for them shall determine salaries or wages in accordance with labour skill standard certificates of the employees, in which semi-specialised or craftsman’s assistant level shall higher than the minimum salary of 100,000 Kip, and each higher level shall receive salary twice higher than immediate lower level.
Article 46.Organisation for Labour Skill Competition
Labour skill competition is a show off of knowledge, capabilities and skills among employees. It is also a way to promote and upgrade Lao labour skill standards. It is organised by state organisations, by state organisation in collaboration with private sectors, or by private sectors.
Organisation for labour skill competition shall follow the following regulations:
Hosting a competition at ASEAN level is considered and approved by the Government.
Regulations, procedures, competition rules, principles of giving competition awards, as well as participation to labour skill competition at ASEAN or World level are determined by Ministry of Labour and Social Welfare.
National Technical Vocational Education and Labour Skill Development Consultation Council
Article 47.National Technical Vocational Education and Labour Skill Development Consultation Council
National Technical Vocational Education and Labour Skill Development Consultation Council, abbreviated to “NTVELSDCC” is a Government’s technical organisation, has the duties to lead, direct, consider, endorse and certify research results of important matters relating to building and developing labour skills in Lao PDR, and acts as a secretariat to the Government in coordinating with public and private sectors regarding this work.
Article 48.Organisation Structure of the National Technical Vocational Education and Labour Skill Development Consultation Council
National Technical Vocational Education and Labour Skill Development Consultation Council has the following organisation structure:
Article 49.Personnel Structure of the National Technical Vocational Education and Labour Skill Development Consultation Council
National Technical Vocational Education and Labour Skill Development Consultation Council consists of personnel as needed which are appointed by Prime Minister to fulfil the following positions:
Article 50.Duties of the National Technical Vocational Education and Labour Skill Development Consultation Council
National Technical Vocational Education and Labour Skill Development Consultation Council has the following duties:
Article 51.Rights of the National Technical Vocational Education and Labour Skill Development Consultation Council
National Technical Vocational Education and Labour Skill Development Consultation Council has the following rights:
Article 52.Operation of the National Technical Vocational Education and Labour Skill Development Consultation Council
Detailed operation of the National Technical Vocational Education and Labour Skill Development Consultation Council is provided in separate regulations, which are:
Fund for Building and Developing Labour Skills
Article 53.Objectives of the Fund for Building and Developing Labour Skills
Establishment of fund for building and developing labour skills is to ensure the operation of building and developing labour skills. The Government authorises to establish the fund for building and developing labour skills at national and provincial/capital levels, abbreviated to “FBDLS”, aiming to create opportunities and promote employees, people with disabilities, disadvantage people and talent people to receive trainings and development of labour skills in training centers, schools, colleges, institutes, labour units, projects, etc. It supports scholarships for studying and competition of labour skills, awards and short-term loans in order to improve skills of Lao labours and meet the demands to turn into industrialisation and modernisation gradually.
Article 54.Sources of Fund for Building and Developing Labour Skills
Sources of fund for building and developing labour skills are from:
Article 55.Use of Fund for Building and Developing Labour Skills
Fund for building and developing labour skills shall be used for the following works:
Article 56.Use, Management and Inspection of Fund for Building and Developing Labour Skills
Ministry of Labour and Social Welfare is the management and inspection organisation for the national fund for building and developing labour skills in accordance with Article 67 of the revised Labour Law.
Details relating to the establishment, management and use of the fund are provided in separate regulations.
Administration and Inspection of the Building and Developing Labour Skills
Article 57.Administration and Inspection
Administration and inspection is to perform the works relating to the administration and inspection of the building and developing labour skills, aiming to ensure the implementation of policies, laws, regulations, plans, programs, projects, and standards, and to ensure the quality relating to the building and developing labour skills. Positive aspects shall be encouraged. Negative aspects and violation of laws and regulations shall be restricted and solved. Results of the works shall be summarized, assessed and evaluated to ensure that the management and administration of the building and developing labour skills are correct and transparent.
Article 58.Administration and Inspection Agencies
Awards for Good Performance and
Measures against Violators
Article 59.Awards for Good Performance
Individuals, legal entities or organisations that have outstanding performances in implementing this Decree as certified by the “NVELSDCC” will receive awards and other policies in accordance with relevant regulations.
Employers and employees who researched and produced outstanding products for the society or who have received awards from regional and international labour skill competitions will receive awards appropriately.
Article 60.Measures against Violators
Individuals, legal entities, labour units, training centers, schools, colleges, and training institutes that violate this Decree will be educated, warned, recorded of the offences, fined and temporarily suspended the licenses.
In the event of continuous violation of this Decree, licenses relating to the operation of building and developing labour skills will be revoked. Violators will be punished in accordance with laws and regulations of Lao PDR depending of severity of the case.
Final Provisions
Ministry of Labour and Social Welfare and Ministry of Education are the center for coordination and cooperation with relevant stakeholders to implement this Decree with success and efficiency.
Ministries, ministry-equivalent organisations, local administrations and other organisations shall acknowledge and strictly implement this Decree.
This Decree is effective from the date of signature and from the fiscal year 2010-2011. Any regulations and provisions that contradict this Decree shall be cancelled.
The Prime Minister of Lao PDR
[Signature and seal]
Bouasone BOUPHAVANH
Name | Description | Status |
---|---|---|
Requirement to contribute to the labor development fund | All employers must establish a labor development fund by the contribution of at least 1% of average total amount of annual salary of all employees. | Active |
Curriculum approval requirement for job training center or institution | The curriculum of all job training centers and institutions must be approved by Ministry of Labor and Social Welfare. | Active |
Requirement for the operators of labor skill development to obtain authorization | The operators of labor skill development must obtain authorization from Ministry of Labor and Social Welfare | Active |