Comparing the vocational training relationship and internship relationship

To meet job requirements, enhance skills, and accumulate practical experience for workers, employers may organize vocational training for employees before the employment relationship begins. According to Article 61 of Labor Code 2019, vocational training for employment involves employers recruiting individuals to guide them in practical work and train them for specific job positions at the workplace. However, in practice, there are many cases where employers confuse the vocational training relationship with the internship relationship, despite the clear differences between these two types of relationships in terms of applicable subjects, duration, rights, and obligations. 

In this article, the author will present some similarities and differences between these two relationships. 

1. Similarities of vocational training relationship and internship relationship:  

  1. Common purpose: Both types of relationships aim to help individuals access a real work environment, improve professional skills, and accumulate experience before officially joining the labor market.  
  2. Defined duration: Both relationships have a specific term, typically short-term, and end once the training goals are achieved.  
  3. Not formal employment: Participants in both types of relationships are not considered official employees of the enterprise. 
  4. During the work process: Trainees and interns are not required to comply with the internal labor regulations but only need to adhere to the workplace rules. 

2. Differences between vocational training relationship and internship relationship 

Criteria  Vocational Training Relationship  Internship Relationship 
Purpose  Vocational skills training aims to prepare workers to meet job requirements when they begin working for an employer.  Helping students or recent graduates apply theoretical knowledge in practice, develop professional skills, familiarize themselves with the working environment, and cultivate soft skills. 
Objectives  Employees who lack skills or want to learn a trade.  Students or individuals currently enrolled in educational and training institutions. 
Applicable law  Subject to the Labor Code and Vocational Education Law.  Depends on the agreement between the enterprise and the educational institution. 
Type of signing documents  Employers hiring individuals for vocational training must sign a training contract as per the Vocational Education Law. 

According to Article 39 of the Vocational Education Law, the contract must include: 

a) Name of the trade or skills to be learned;  

b) Training location; 

c) Duration of the course; 

d) Tuition fees and payment method; 

e) Liability for damages in case of contract breach; 

f) Contract termination; 

 g) Other lawful and ethical agreements; 

 h) Commitment from the trainee to work for the company after training; 

 i) Commitment from the company to employ the worker after completing the training;  

j) Agreement on working hours and wages during the training period. 

 The parties may sign an internship agreement.  

Additionally, if the enterprise wants to restrict the intern’s access to confidential information during the internship, both parties can sign a non-disclosure agreement (NDA). 
Duration  Vocational training lasts no more than 3 months.  Typically lasts from 3 to 6 months, but maybe longer depending on the agreement between the company, intern, and educational institution. 
Benefits  The trainee may include allowances during the training period.  

If the trainee works directly or produces goods for the enterprise during the training, they will receive wages and salaries according to mutual agreement. 

 Interns may receive allowances or not, depending on the agreement between the parties and the enterprise’s internship support policy. 
Post-training commitment  Both parties must sign an employment contract if the conditions of the Labor Code are met.   No commitment to sign an employment contract after the internship. 

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.



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