On Vocational Education and Training

On Vocational Education and Training
Document number 4528
Document issuer Parliament of Georgia
Date of issuing 28/03/2007
Document type Law of Georgia
Source and date of publishing LHG, 15, 23/04/2007
Expiration Date 09/10/2018
Registration code 430.060.000.05.001.002.772
Consolidated publications
4528
28/03/2007
LHG, 15, 23/04/2007
430.060.000.05.001.002.772
On Vocational Education and Training
Parliament of Georgia
Attention! You are not reading the final edition. In order to read the final edition, please, choose the respective consolidated version.

Consolidated versions (19/02/2016 - 04/05/2017)

LAW OF GEORGIA

ON VOCATIONAL EDUCATION AND TRAINING

 

Chapter I - General Provisions

 

Article 1 - The purpose of this Law

The purpose of this Law is to define the function and the role of Vocational Education and Training (VET) and to form a VET system in the country that will meet the rapidly and constantly changing labour market requirements.

 

Article 2 - Scope of the Law

This Law determines the conditions for implementing vocational education activities in Georgia and defines VET types, levels and financing principles.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300.

 

Article 3 - Legal basis for VET

Within the scope of VET, the legislation of Georgia is based on the Constitution of Georgia, international treaties and agreements, this Law and other normative acts.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 4 - Definition of terms

The terms used in this Law have the following meanings:

a) accreditation – the procedure of identifying the compliance of VET institutions' educational programmes with accreditation standards in order to support the development of educational quality assurance mechanisms. The implementation of certain educational programmes provided for by this Law, as well as the receipt of state financing, is connected to this procedure;

a1) authorisation – the procedure of acquiring the status of VET institution in order to meet the standards necessary for the implementation of the relevant activities to issue documents certifying education,recognised by the state;

b) informal vocational education – vocational education received by a person independently from a VET institution;

b1) associate degree – a qualification granted to a person as a result of mastering a liberal arts education programme along with vocational education;

b2) professional testing – a procedure that determines a person's preparedness for mastering a VET programme at a VET institution established by the state;

c) (Deleted);

d) (Deleted);

e) (Deleted);

f) National Qualification Framework – the document listing all qualifications existing in Georgia, including VET and special VET qualifications;

g) (Deleted – 28.6.2013, No 780);

h) (Deleted);

i) vocational qualification/qualification – the possession of professional knowledge and skills certified by a vocational diploma issued by a VET institution;

j) (Deleted);

k) (Deleted);

l) credit – a unit defining the learning workload required for VET students and that can be obtained after achieving certain study results;

l1) liberal arts education programme – an educational programme directed at the development of knowledge, skills and values in different fields, which is implemented on the basis of a memorandum signed with higher education institutions and is completed by granting an associate degree;

l2) secondary general education preparatory programme – a programme aimed at developing knowledge, skills and values relevant to complete secondary general education and preparing a person for receiving a complete secondary general education certifying document, as provided for by the national curriculum;

m) (Deleted);

n) (Deleted);

n1) (Deleted);

o) (Deleted);

p) (Deleted);

q) (Deleted);

r) (Deleted);

s) occupational standards – a document that defines the appropriate vocational qualification, and professional knowledge and skills, and determines additional requirements characteristic for specific professions;

s1) VET programme framework document – a document that defines the amount of credits necessary for qualifying for an appropriate vocational qualification; study results to be achieved; a combination of modules, whose study results must be achieved in order to be granted a vocational qualification; as well as preconditions for being admitted to an appropriate VET programme and preconditions for the programme implementation, and an alternative list of teaching methods and an evaluation system;

s2) module – an independent and consistent teaching unit aimed at target study results. The module determines the relationship between the subject of the training and the target study results, and information with respect to the training of a vocational student and organisation of the evaluation;

t) vocational student – a person studying in a VET programme;

t1) vocational college – a VET institution, implementing VET programmes only of the first three levels;

t2) VET programme – an educational programme aimed at developing practical knowledge and skills and upon completion of which an appropriate vocational qualification is granted. The programme offers a combination of training courses/modules required for obtaining the vocational qualification. The programme defines the programme objectives, results of learning, vocational student workload in credits, teaching methods and forms of evaluation;

u) VET institution – a vocational college, or a community college;

v) VET qualification framework – a national qualification framework constituent document that systematises all qualifications in Georgia relevant to VET;

w) regulated profession – a profession for the practice of which a person must receive formal education established by the legislation of Georgia and pass a respective certification exam;

w1) community college – a VET institution, which implements secondary general preparatory and/or liberal arts education programmes along with VET programms and is authorised to implement the Georgian language education programme as well;

x) (Deleted);

y) (Deleted);

z) (Deleted);

z1) (Deleted);

z2) (Deleted);

z3) (Deleted);

z4) (Deleted);

z5) specialist – a person who has been awarded a VET diploma certifying one of the levels of VET qualification;

z6) special vocational education – education that aims to train a person for professional work at the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia and/or the Emergency Response Forces of Georgia;

z61) Georgian language education programme – the educational programme aiming at acquiring knowledge of the Georgian language and the respective skills by non-Georgian speakers at the level necessary for mastering a VET programme;

z7) (Deleted).

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 5367 of 06 December 2011 - website, 20.12.2011

Law of Georgia No 5717 of 28 February 2012 - website, 1.3.2012

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

Law of Georgia No 3817 of 27 June 2015 - website, 3.7.2015

Law of Georgia No 3924 of 8 Jule 2015 - website, 15.7.2015

 

Article 5 - VET Objectives

Objectives of vocational education in Georgia are the following:

a) creating a unified VET perspective by taking into consideration a person's lifelong multi-level and diverse learning opportunities;

b) supporting professional development of an individual;

c) ensuring the availability of labour market-oriented, competitive and qualified human resources;

d) supporting employment of an individual, including starting a business of his/her own or self-employment;

e) creating a learning-entrepreneurial partnership system in the field of vocational education, and supporting the participation of the respective field employers in the process of educational programme planning and implementation.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 6 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 7 - The Right to receive VET

1. A person shall have the right to receive VET in accordance with the knowledge, skills and values necessary for performing a professional activity on the basis of completing the basic level of secondary general education, passing professional testing and, proceeding from the profession specifics, complying with the additional requirements envisaged by the occupational standards.

2. For ensuring the enjoyment of the right to receive VET, a VET institution shall hold consultations for the persons interested in vocational education on the opportunities of receiving vocational education, and the conditions of future professional activity and employment. Employers in the respective fields shall participate in these consultations.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

 

Chapter II - VET Types and Levels

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 8 - VET types

VET shall be divided into formal and informal VET.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 9 - Formal VET

1. Formal VET shall be received at VET institutions. A VET programme shall cover theoretical study programme and training and/or practical training, and shall be completed by awarding a VET diploma certifying the respective level of VET qualification.

2. The status of a special VET institution shall be defined and the procedure of receiving special VET shall be determined by the respective law.

Law of Georgia No 4943 of 08 June 2007 - LHG I, No 22, 19.6.2007, Art. 210

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 10 - Informal VET

1. State recognition of informal VET shall be performed in the manner prescribed by the legislation of Georgia and shall aim at checking the knowledge, skills and values of a person having received informal education.

2. Recognition of VET received informally shall be inadmissible for VET levels IV and V.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 101 – VET levels

1. VET consists of five levels that are determined in accordance with learning performance:

a) holders of level I qualification shall have the ability to fulfil their duties in uniform situations under supervision;

b) holders of level II qualification shall have the ability to fulfil their duties with a certain level of independence;

c) holders of level III qualification shall have the ability to fulfil their duties in different situations and to act adequately for solving the emerging problems;

d) holders of level IV qualification shall have the ability to apply their professional knowledge for solving the problems emerging in changing circumstances, to supervise others' work and to undertake certain responsibility for assessing and improving the work accomplished;

e) holders of level V qualification shall have the ability to fulfil work that requires planning and managing others' work, as well as assessing and improving the work accomplished.

2. A respective vocational diploma shall be awarded upon the completion of each VET level

3. (Deleted) – 28.6.2013, No 780

4. Specific VET levels shall be defined by occupational standards, which shall include one, several or all of the levels envisaged by the first paragraph of this article.

5. VET programmes for each VET level shall be calculated based on credits, in the manner provided for by the Ministry of Education and Science of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

 

Article 11 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 12 - Regulated professions

1. The state shall specify as regulated professions the professions involving high risk that concern human health, personal development and high social interest.

2. Regulated professions, which are in compliance with VET qualifications, conditions of granting and renewing the right to practice a regulated profession, and the rules of complying with those conditions, shall be defined by the Government of Georgia on the basis of the recommendation of the Ministry of Education and Science of Georgia or taking into consideration its mandatory conclusion.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 121 – VET teacher

1. A VET teacher may be a higher education graduate, a holder of level IV or V qualification of vocational education, or a person having at least 3 years of work experience in the respective occupation.

2. A VET teacher, who is a holder of level IV qualification, shall not have the right to teach students of level V educational programme.

3. Additional requirements may be established by the respective occupational standard.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter III - Regulation of the VET System

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 13 - VET system management bodies

1. VET system management bodies are:

a) the Government of Georgia,

b) the Ministry of Education and Science of Georgia,

b1) the Ministry of Culture and Monument Protection and the Ministry of Sports and Youth Affairs of Georgia,

c) (Deleted),

d) respective ministries of the Autonomous Republics of Apkhazia and Adjara authorised in the education sphere,

e) local self-government bodies,

f) (Deleted),

g) legal entity under public law (LEPL) the National Centre for Educational Quality Enhancement,

h) (Deleted),

i) legal entity under public law (LEPL), the National Centre for Teacher Professional Development.

2. VET system management bodies shall perform their activities in the area of vocational education on the basis of the learning-entrepreneurial partnership principle. This principle implies cooperation with employers, professional associations and educational institutions aiming at VET development in the country.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 5717 of 28 February 2012 - website, 1.3.2012.

 

Article 14 - Government of Georgia

In the field of VET, the Government of Georgia shall:

a) define the state policy;

b) define the regulated professions, the conditions necessary to obtain the right to practice a regulated profession, and the procedure of their fulfillment;

c) define the respective body to organise certification exams for regulated professions;

d) determine the manner and conditions of financing VET and approve the maximum amount of tuition fee at those institutions established by the state that implement VET programmes;

e) (Deleted) – 28.6.2013, No 780;

f) (Deleted);

g) approve the procedures for enjoying vocational student discounts using the vocational student ID Cards (residence cards) upon the recommendation of the Ministry of Education and Science of Georgia.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

Law of Georgia No 4786 of 19 February 2016 - website, 7.3.2016

 

Article 15 - Ministry of Education and Science of Georgia

In the field of VET, the Ministry of Education and Science of Georgia shall:

a) define the state policy;

b) establish legal entities under public law that will acquire VET institution status and approve their statutes, implement their state control, reorganisation and liquidation, appoint and dismiss directors of VET institutions;

c) establish legal non-entrepreneurial (non-commercial) entities under private law that for the purpose of acquiring VET institution status;

d) approve educational institution authorisation and educational programmes accreditation provisions upon the recommendation of legal entity under public law, National Centre for Educational Quality Enhancement;

e) (Deleted);

f) determine the conditions and procedure for recognition of vocational education received in a foreign country;

g) determine the conditions and procedure for informal vocational education recognition;

h) (Deleted);

i) (Deleted);

j) (Deleted);

k) (Deleted);

l) approve the template of state vocational education certifying document received from a VET institution;

m) (Deleted);

n) (Deleted);

o) approve the professional ethics code of a VET teacher on the basis of the recommendation of a legal entity under public law - the National Centre for Teachers' Professional Development;

p) (Deleted);

q) (Deleted);

r) determine the manner of calculating credits for VET programmes;

s) approve regulations for conducting vocational testing;

s1) be authorised to establish the rules and deadlines for submitting and considering administrative complaints different from those envisaged by the General Administrative Code of Georgia with regard to vocational testing;

t) (Deleted);

u) exercise other powers envisaged by the legislation of Georgia;

v) (Deleted);

w) (Deleted);

x) (Deleted);

y) (Deleted);

z) (Deleted);

z1) (Deleted);

z2) (Deleted).

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

 

Article 151 – Ministry of Culture and Monument Protection of Georgia and the Ministry of Sports and Youth Affairs of Georgia

In the field of artistic-creative VET and sports VET, the Ministry of Culture and Monument Protection of Georgia or the Ministry of Sports and Youth Affairs of Georgia respectively shall:

a) establish a legal entity under public law that will acquire VET institution status and approve its statute, implement its state control, reorganisation and liquidation, and appoint and dismiss the director of the vocational education institution;

b) establish a legal non-entrepreneurial (non-commercial) entity under private law that will acquire VET institution status;

c) exercise other powers envisaged by the legislation of Georgia.

Law of Georgia No 5717 of 28 February 2012 - website, 1.3.2012.

 

Article 16 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

 

Article 17 - Respective authorized ministries in the field of education of the Autonomous Republics of Apkhazia and Adjara

The respective authorized ministries in the field of education of the Autonomous Republics of Apkhazia and Ajara shall:

a) support the implementation of a unified state policy in the field of vocational education in the territory of the respective autonomous republic;

b) establish legal non-entrepreneurial (non-commercial) entities under private law, – VET institutions, in the manner provided for by the legislation of Georgia, that will acquire vocational education institution status.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 18 - Local self-government bodies

In the field of VET, local self-government bodies shall:

a) support the activities of VET institutions and be authorised to finance VET institutions;

b) participate in the management of legal entities under public law, - VET institutions as provided for by their statutes;

c) establish legal non-entrepreneurial (non-commercial) entities under private law that will acquire VET institution status;

d) exercise other powers envisaged by the legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 19 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

 

Article 20 - Vocational associations

1. Vocational associations shall facilitate the development of specific professions.

2. Vocational associations shall:

a) draft proposals for adding, deleting and changing qualifications from the professional qualifications framework and submit them to the Ministry of Education and Science of Georgia;

b) (Deleted);

c) draft proposals on occupational standards and submit them to a legal entity under public law, the National Centre for Educational Quality Enhancement;

d) (Deleted);

e) support the improvement of vocational education quality at VET institutions, as well as the interrelation between labour market requirements and educational programmes;

f) conduct a state certification exam in the respective professions in accordance with the procedures and cases provided for by the legislation of Georgia;

g) (Deleted);

h) exercise other powers envisaged by the legislation of Georgia.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 201 – Authorisation and accreditation of a VET institution

1. As a result of authorisation, the institution shall obtain the status of VET institution and shall be authorised to issue a diploma certifying vocational qualification.

11. To ensure the authorisation of VET institutions, a legal entity under public law, the National Centre for Educational Quality Enhancement shall form a VET institution authorisation experts group, the formation and activities of which shall be envisaged by the regulations of the authorisation of educational institutions. The Authorisation Council of VET institutions (‘Authorisation Council’) shall make authorisation decisions on the basis of authorisation documents and the opinion of the VET institution authorisation experts group. The Prime-minister of Georgia shall appoint and dismiss the Authorisation Council members on the basis of nomination by the Ministry of Education and Science of Georgia. The regulations of the authorisation of educational institutions shall define the powers and activities of the Authorisation Council and guarantee its functional independence from educational institutions and state bodies.

2. The aim of accreditation shall be to establish systematic self-assessment for education quality enhancement and ensure the development of quality assurance mechanisms.

3. The Georgian language and liberal arts education programmes may be implemented only upon accreditation (obtained by the educational institution).

4. State government bodies financing shall be granted only to VET institutions and educational programmes that have obtained accreditation.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 5717 of 28 February 2012 - website, 1.3.2012.

Law of Georgia No 350 of 20 March 2013 – website, 28.3.2013

Law of Georgia No 4786 of 19 February 2016 - website, 7.3.2016

 

Article 202 – Vocational qualification framework and occupational standards

1. The vocational qualification framework constitutes a part of the national qualification framework, which is drafted and approved by the Ministry of Education and Science of Georgia in cooperation with vocational associations and interested organisations.

2. The basis for developing a VET programme is occupational standards, and a VET programme framework document, if any, to be drafted and approved, based on the vocational qualification framework, by a legal entity under public law, the National Centre for Educational Quality Enhancement, in cooperation with vocational associations and other interested organisations.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 3817 of 27 June 2015 - website, 3.7.2015

 

Article 21 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 22 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 23 - (Deleted)

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter IV

Deleted - Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 24 - (Deleted)

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 25 - (Deleted)

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter V – (Deleted)

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 26 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 27 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 28 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

 

Article 29 - (Deleted)

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter VI - Organisational and legal forms of VET institutions

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 30 - Organisational and legal forms of VET institutions

1. A VET institution may be a legal entity under public law or an entrepreneurial or non-entrepreneurial (non-commercial) legal entity under private law established on the basis of the Law of Georgia on Legal Entities under Public Law.

2. A vocational education institution performs its activities within its autonomy, as provided for by the legislation of Georgia.

3. The norms stipulated by Articles 32(e), 34(e) and 36(e), 37(e) of this Law shall not apply to legal entities under private law – VET institutions.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 301 – Vocational College

A vocational college is a VET institution that implements VET programmes only of the first three levels.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 302 – A community college

1. A community college implements all the levels of VET programmes, as well as secondary general preparatory education and/or liberal arts education programmes.

2. A person, who failed to receive a secondary education certificate despite passing the intermediate stage of secondary education, shall have the right to study at a secondary general preparatory education programme.

3. A vocational student of IV or V level VET programme, who is a secondary general education certificate holder, shall have the right to study at a liberal arts education programme.

4. A Georgian language education programme shall aim at supporting non-Georgian speaker vocational students to master a VET programme by teaching them the state language along with a VET programme.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter VII - Management principles, reorganisation and liquidation of a VET institution

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 31 - Management principles of a VET institution

1. A vocational education institution shall ensure:

a) observation of the principles of publicity and transparency of decisions and their accessibility to interested persons;

b) equal treatment of vocational students irrespective of their sex, ethnic and social belonging, origin, religious and political opinions, physical capabilities, etc.;

c) vocational students’ and teachers’ participation in the decision-making process;

d) consideration of the requirements of vocational students' potential employers in the decision-making process;

e) implementation of an educational process on the basis of the principle of an institution's autonomy;

f) creation of an environment safe for health, life and property during the learning process, as well as at a VET institution and/or on its premises. For this, a VET institution shall be authorised to conclude a service agreement with a legal entity under public law, the Office of Resource Officers of Educational Institution

2. The Regulations of a VET institution and the Regulations of its structural units shall not establish any limiting norms for these principles.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300.

Law of Georgia No 4203 of 22 February 2011 - website, 10.3.2011.

 

Article 32 - Management bodies of a VET institution

Management bodies of a VET institution shall be a supervisory board and a director, whose activities shall be regulated by the regulations of the VET institution.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300.

 

Article 33 - Supervisory board of a VET institution

1. The highest managment body of a VET institution shall be a supervisory board that may consist of the representatives of employers, local self-government bodies and public organisations, as well as of vocational students' parents and vocational teachers. The number of supervisory board members, the rules of board compilation and powers origination and termination shall be defined by the VET institution regulations.

2. The supervisory board shall:

a) approve the VET institution budget upon the recommendation of the VET institution director, as well as approve the annual report prepared by the director and ensure its publicity;

b) approve the VET institution internal regulations upon the recommendation of the VET institution director, as well as a staff organisational chart agreed with the state control implementing body;

c) control spending and managing property of the vocational education institution by the vocational education institution director;

d) approve a VET institution draft regulations submitted by a vocational education institution director;

e) exercise other authorities envisaged by the legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 5717 of 28 February 2012 - website, 1.3.2012

 

Article 34 - Director of a VET institution

1. Director of a VET institution shall:

a) manage the VET institution and represent it in relations with third parties;

b) submit VET institution internal regulations and budget to the supervisory board for approval;

c) draft and submit a VET institution staff chart to the supervisory board for approval;

d) ensure entering into and executing labour agreements with VET institution teachers and other personnel and be authorised to terminate labour relations with them as provided for by the legislation of Georgia;

e) present an annual report on educational, financial and other activities of the VET institution permitted by the legislation of Georgia, to the supervisory board within the period envisaged by the VET institution regulations;

f) be authorised to conclude transactions, including those related to VET institution property, except for transactions requiring the consent of the state control implementing body, as provided for by the legislation of Georgia;

g) lead and supervise the educational process and teaching practices at the VET institution;

h) exercise other powers envisaged by the legislation of Georgia and the VET institution regulations.

2. The Director of a VET institution shall issue an individual administrative-legal act - an order - for the purpose of exercising powers envisaged by the legislation of Georgia and the VET institution regulations.

3. The Director of a VET institution shall be under 65 years of age.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 341 – Reorganisation and liquidation of a VET institution

The founder of a VET institution shall perform its reorganisation and liquidation, as provided for by the legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter VIII - Financing of VET. The property of a VET institution

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 35 - Financing of VET

1. VET shall be financed by state government bodies, the respective bodies of the Autonomous Republics of Abkhazia and Adjara, and local self-government bodies, as provided for by the legislation of Georgia.

2. The bodies provided for by paragraph 1 of this Article shall be authorised to finance VET programmes, under procedures established by the Government of Georgia.

3. (Deleted).

4. Vocational education may be financed by natural persons.

5. (Deleted – 28.6.2013, No 780).

6. (Deleted).

61. (Deleted – 28.6.2013, No 780).

7. A legal entity under public law, a VET institution shall have the right to attract other financial resources permitted by the Legislation of Georgia, as well as to receive income from economic activities that are safe for human health and do not negatively affect the quality of learning. The attracted resources shall be used solely for achieving institutional objectives and performing their functions, as provided for by the legislation of Georgia.

8. The income and expenditure of a legal entity under public law – a VET institution shall be reflected in its budget; the institution shall have a bank account at the State Treasury and a seal. Furthermore, in cases provided for by the legislation of Georgia, the institution may have a bank account in a commercial bank as well.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

Law of Georgia No 2942 of 12 December 2014 - website, 24.12.2014

 

Article 36 - Financial reporting and accounting by a VET institution

1. The director of a VET institution shall manage funds in accordance with the budget approved by the supervisory board.

2. In the case of urgent necessity, the director of a VET institution shall be authorised to transfer up to 10% of financial resources from one budget line item to another without the consent of the supervisory board. This change shall not cause the reduction of VET teacher remuneration. If a VET institution budget has not been approved, the director shall be authorised to pay monthly up to 1/12 of the budget of the previous year.

3. The consent of the supervisory board shall be necessary for concluding transactions, the cost of which exceeds 5% of the budget of the VET institution.

4. A VET institution shall execute financial reporting and accounting documents of financial and economic activity, as provided for by the legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 37 - The property of a VET institution

1. The buildings and structures and the respective plots of land in use by a VET institution shall constitute state property and shall be transferred to the respective VET institution in accordance with the procedure established by the legislation of Georgia.

2. A VET institution shall manage the property transferred to the VET institution by the state, on the basis of the consent of the Ministry of Education and Science of Georgia, in accordance with the procedure established by the legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter IX - (Deleted)

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 38 - State control of a vocational training centre

1. The Ministry of Education and Science of Georgia shall perform state control of a vocational training centre.

2. State control shall mean monitoring of legitimacy, appropriateness and effectiveness of the activities carried out by the centre and supervision of financial and economic activity of the vocational training centre, in accordance with the procedure established by the legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Article 39 - Reorganisation and liquidation of a vocational training centre

A vocational training centre shall be reorganised or liquidated by its founder, as provided for by the Legislation of Georgia.

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

Chapter X - Transitional Provisions

 

Article 40 - Activities to be carried out regarding entry into force of this Law

1. The primary VET diploma shall be equal to a craftsmanship certifying document (specialist certificate), and the secondary VET diploma shall be equall to a higher vocational education diploma (specialist diploma), except for the cases stipulated by paragraph 7 of this article. The above diplomas shall be granted in compliance with the Law of Georgia on Education, the Law of Georgia on Primary Vocational Education and the Law of Georgian on General Education.

11. A craftsmanship education certifying document shall be equal to the diploma of level III of vocational education qualification, and the higher vocational education diploma shall be equal to the diploma of level V of the respective VET qualification. In the case of non-existance of the corresponding level in occupational standards, it shall be equal to other levels corresponding to the respective competences.

12. Vocational student admission to craftsmanship programmes shall be prohibited from 2011. Student admission to certified specialist educational programmes (higher vocational education) shall be prohibited after the 2010-2011 academic year.

2. Public and licensed legal entities under public law, primary VET institutions established before entry into force of this Law, shall be considered as vocational training centres, and craftsmanship education activity licence holders, established in compliance with this Law. The Ministry of Education and Science of Georgia shall ensure reorganisation or liquidation of legal entities under public law, primary VET institutions before the beginning of the 2007-2008 academic year. Before reorganisation, legal entities under public law, primary vocational education institutions, shall continue their activities on the basis of regulations, approved in compliance with the legislation of Georgia.

21. Vocational training centres shall be considered as established and authorised vocational colleges before the beginning of 2013-2014 academic year. Until then, vocational colleges shall be authorised to determine the number of vocational students to be enrolled. After the expiry of the stated deadline vocational education activities shall be performed only upon authorisation.

22. Vocational education institutions that had to obtain authorisation in 2013, shall be considered authorised until 1 September 2014. Before the stated deadline, these vocational education institutions shall be authorised to determine the number of vocational students to be enrolled upon agreement with the legal entity under public law, the National Centre for Educational Quality Enhancement.

3. Persons enrolled in a primary vocational education institution before entry into force of this Law, shall be granted craftsmanship specialist certificates upon mastering the respective programme.

31. Persons, who have been enrolled in a craftsmanship education programme before 1 September 2010, or will be enrolled in such a programme before 2011 shall be granted craftsmanship specialist certificates upon mastering the respective programme.

32. Persons, who have been enrolled in a certified specialist education programme (higher vocational education) before 1 September 2010 or will be enrolled in such a programme before 2011 shall be granted certified specialist qualification diplomas after mastering the respective programme.

4. Secondary VET institutions shall have the right to apply to the Ministry of Education and Science of Georgia for obtaining a craftsmanship educational and/or higher educational activities certifying licence no later than the beginning of 2009-2010 academic year.

5. A secondary VET institution shall have the right to complete secondary vocational programme teaching, including programmes financed by the state, for students who were enrolled in the programmes before entry into force of this Law:

a) before the beginning of the 2008-2009 academic year – if the duration of the implemented secondary VET programme was 2 years;

b) before the beginning of the 2009-2010 academic year – if the duration of the implemented secondary VET program was 3 years.

6. Persons, who were in secondary VET institutions before entry into force of this Law and have completed a secondary vocational education programme as per paragraph 5 of this Article before the beginning of the 2008-2009/2009-2010 academic years, shall be granted secondary VET certifying documents, which shall be equal to higher VET diplomas, except for the cases envisaged by paragraph 7 of this Article. A higher education institution may consider the mastered secondary VET programmes as higher education credits, during study at a higher academic education programme, in accordance with the procedure established by the Ministry of Education and Science of Georgia.

7. Students who were enrolled in secondary VET institutions in the 2006-2007 academic year, who have completed secondary vocational education programmes before the beginning of the 2008-2009 academic year, shall be granted secondary VET certifying diplomas. A secondary VET certifying diploma, awarded to these persons upon the completion of secondary VET programmes, implemented according to the specialities approved by the Ministry of Education and Science of Georgia, shall be equal to:

a) craftsmanship education certificate – on the basis of secondary education basic level;

b) higher VET diploma – on the basis of completed secondary general education.

8. A legal entity under public law, a secondary VET institution may be merged with a legal entity under public law, a higher education institution, upon the decision of the Government of Georgia. In this case, a legal entity under public law – a higher education institution - shall issue secondary VET diplomas, as per paragraphs 5 - 7 of this Article.

9. (Deleted).

10. (Deleted).

11. (Deleted).

12. (Deleted).

13. The Ministry of Education and Science of Georgia shall be authorised to approve the respective temporary VET programmes before the approval of occupational standards, in accordance with the procedure established by this Law.

14. (Deleted).

15. State financing of legal entities under public law, VET institutions, shall be executed in accordance with the programmes before the approval of the respective procedure of VET financing of this Law.

16. Any interested person shall have the right to draft and submit recommendations regarding occupational standards to a legal entity under public law, theNational Centre for Educational Quality Enhancement, before the establishment of occupational standards working groups.

17. (Deleted).

18. The liquidation of the agency shall be finalised no later than 1 January 2009.

19. The Government of Georgia shall ensure passing of the procedure envisaged by Article 36(61) of this Law before the beginning of the 2011-2012 academic year.

20. VET programmes implemented by a legal entity under public law, the Gldani Vocational Training Centre community college, shall be considered as programmes implemented by an authorised vocational education institution. Students enrolled in these programmes in 2012 shall be considered as enrolled in compliance with the legislation of Georgia; they shall have the right to continue studies at the same VET programmes at a legal entity under public law, the Gldani Vocational Training Centre community college or at another VET institution, and the qualification granted to them shall be equal to a qualification, recognised by the State.

21. The Ministry of Education and Science of Georgia shall ensure the implementation of measures necessary to facilitate studies of and awarding qualifications to the persons envisaged by paragraph 20 of this Article.

22. Until 1 January 2019, a document that defines the appropriate vocational education levels, the respective minimum requirement of credits , and knowledge, skills and values mandatory to qualify for each level shall also be considered as occupational standards; additional requirements characteristic for specific professions shall be established as well.

23. To ensure continuing vocational education, it shall be possible to recognise the study results achieved under the programmes that are based on occupational standards provided for in paragraph 22 of this article within other VET programmes according to the procedure established by the Minister of Education and Science of Georgia.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

Law of Georgia No 261 of 06 March 2013 - website, 20.3.2013

Law of Georgia No 780 of 28 June 2013 - website, 15.7.2013

Law of Georgia No 3817 of 27 June 2015 - website, 3.7.2015

 

Chapter XI - Final Provisions

 

Article 41 - Entry into force of this Law, and invalid normative act

1. This Law, except for Articles 15(c), 17(b) and 18(c), shall enter into force on the 15th day after its promulgation.

2. Articles 15(c), 17(b) and 18(c) of this Law shall enter into force from the beginning of the 2010-2011 academic year.

3. The Law of Georgia on Primary Education (Legislative Herald of Georgia, No 7, 1998, Art. 49) shall be declared invalid upon the enactment of this Law.

Law of Georgia No 792 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 259

Law of Georgia No 3529 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 300

 

 

President of Georgia                                                                                                                                 Mikheil Saakashvili

Tbilisi,

28 March 2007

No 4528_I