Vietnam: A trainee who unilaterally terminates the vocational training contract is not entitled to the refund of training fee

According to Article 18 of Decree No. 139/2006/NĐ-CP of Vietnam’s Government, termination of vocational training contracts is prescribed as follows:

- A trainee who unilaterally terminates the vocational training contract is not entitled to the refund of training fee. When the trainee cannot continue to learn a vocation because he has to perform the military service or his family actually meets with difficulties as certified by the People's Committee of the commune where he resides, or because he/she is suffering from an illness or accident as certified by the competent medical establishment, that trainee is entitled to the refund of a part of the training fee he/she has paid for the remaining training duration and has his/her training results reserved.

- Except for the case of unilateral termination of vocational training contracts due to force majeure circumstances under the provisions of the civil law, vocational training institutions which unilaterally terminate vocational training contracts shall notify the trainees at least three working days in advance and refund the latter all the training fees they have collected.

- During the time of performing a vocational training contract, if the female trainee becomes pregnant and acquires a written certification from a competent medical establishment that the performance of the contract will adversely affect her foetus, she may terminate the vocational training contract ahead of time, is refunded with the training fee amount she has paid for the remaining training duration and has her training results reserved.

- When enterprises recruit trainees who then work for them, if later those trainees decline to work as committed, they are required to compensate the vocational training expenses to the enterprises. The compensation level is agreed upon by the two parties and specified in vocational training contracts.

Note: Vocational training expenses include reasonable expenses for trainers, documents and materials for practice, expenses for fixed assets, machinery and equipment depreciation and other expenses already paid for trainees.

View details at Decree No. 139/2006/NĐ-CP of Vietnam’s Government, effective from January 11, 2007.

Ty Na

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