TVET Bill Proposes Council and NVQS Framework

TVET Bill Proposes Council, NVQS and Skill Testing

The bill drafted to amend and consolidate laws related to technical and vocational education and training provides that it will be named the “Technical and Vocational Education and Training Act, 2083.” It has been proposed that the Act will come into force on the thirty-first day from the date of authentication.

The preamble of the bill states the objective of making opportunities for technical and vocational education and skill development accessible and connecting education and training with skills, labor, employment, production and prosperity.

The bill defines technical and vocational education and training as all types of formal education, training and skill development programs from Level One to Level Eight provided to prepare technical and skilled human resources required in various sectors for the country’s development and prosperity.

A technical institute refers to a public, cooperative, partnership-based or privately invested educational institution established to provide technical and vocational education, as well as an institution established under prevailing law for the purpose of providing skill development training. Skill development training refers to short-term training related to the development of knowledge, skills and capacity connected with occupational and vocational work. It also includes skills learned through industrial or vocational training, experience, informal, alternative and traditional occupations, and skill-based training.

Establishment and Legal Status of the Council

The bill provides for the establishment of the Council for Technical Education and Vocational Training at the national level to carry out functions related to technical and vocational education and training. The central office of the Council will be located in the Kathmandu Valley.

The bill provides that the Council will be an autonomous and corporate body with perpetual succession, will obtain legal personality, and, in the capacity of a legal person, will exercise rights, perform duties and fulfill obligations under prevailing law.

Formation of the Council Assembly

According to the bill, the Council Assembly will be the highest body of the Council. The formation of the Council Assembly has been proposed as follows.

• Minister or Minister of State looking after education, Government of Nepal: Chairperson.

• Vice-Chairperson, Council: Member.

• Member looking after education, National Planning Commission: Member.

• One person nominated by the Chairperson from among university vice-chancellors: Member.

• Vice-Chairperson, Director or Member Secretary of the Medical Education Commission: Member.

• Secretary, Ministry: Member.

• Secretary of the ministry of the Government of Nepal looking after finance-related matters: Member.

• Secretary of the ministry of the Government of Nepal looking after labor-related matters: Member.

• Four persons nominated by the Chairperson from among technical deans of universities: Member.

• One secretary looking after the relevant subject in provincial governments, in each meeting according to the alphabetical order of province names: Member.

• Chairpersons of the National Association of Rural Municipalities in Nepal and the Municipal Association: Member.

• One person nominated by the Chairperson from among the chairpersons of private-sector industry federations: Member.

• Three persons, including one woman, nominated by the Chairperson from among renowned experts in the field of technical and vocational education and training: Member.

• Three persons nominated by the Chairperson from among small, medium and large industrialists, businesspersons and employers, including at least two women: Member.

• Member Secretary of the Council: Member Secretary.

The bill states that the term of office of nominated members will be four years. If the Council decides that a member has not maintained conduct appropriate to the post or has not fulfilled the assigned responsibility, the Chairperson may remove that member from the post at any time. Before such removal, the concerned member must be given a reasonable opportunity to submit a clarification.

Functions, Duties and Powers of the Council Assembly

The Council Assembly has been given the authority to formulate national policies and standards related to technical and vocational education and training and recommend them to the Government of Nepal for approval.

According to the bill, the main functions of the Council Assembly are as follows.

• Formulate the National Vocational Curriculum Framework in line with the National Vocational Qualification Framework.

• Evaluate technical and vocational education and training programs.

• Conduct or cause to be conducted studies and research related to technical and vocational education and training.

• Implement or cause to be implemented the National Vocational Qualification Framework.

• Carry out or cause to be carried out standardization and accreditation work for technical and vocational education and training provider institutions.

• Approve the Council’s annual budget and program.

• Provide necessary suggestions to the Government of Nepal on technical and vocational education and training.

• Form various committees, subcommittees or task forces as required.

• Give necessary directions to the Executive Committee.

The meeting of the Council Assembly will be held at least twice a year on the date, time and place specified by the Chairperson. The Member Secretary must provide notice to the members, along with the agenda of the matters to be discussed, at least 48 hours before the meeting.

If more than 50 percent of the total number of members currently in office are present in the Council Assembly, the quorum will be deemed to have been met. The majority opinion in the meeting will prevail, and in the event of a tie, the person chairing the meeting will cast the deciding vote.

If a member has a personal interest, concern, stake or conflict of interest in any matter presented in the meeting, that member will not be allowed to participate in the discussion or decision-making process on that matter.

Executive Committee

The bill provides that an Executive Committee will serve as the executive body of the Council. The formation of the committee has been proposed as follows.

• Minister or Minister of State looking after education, Government of Nepal: Chairperson.

• Vice-Chairperson, Council: Vice-Chairperson.

• Member looking after education, National Planning Commission: Member.

• Secretary, Ministry: Member.

• Three members as per Section 5, subsection (2), clause (ड): Member.

• One person nominated by the Committee Chairperson from among the chairpersons of private-sector industry and business federations: Member.

• Member Secretary of the Council: Member Secretary.

The Executive Committee has been given the authority to implement or cause to be implemented the annual program and budget approved by the Council Assembly, conduct or cause to be conducted human resource projection, formulate and implement policies and standards for training permission, implement the National Curriculum Framework, determine standards and grant recognition, manage human resources in the Council and its subordinate bodies, implement the National Vocational Qualification Framework, and determine equivalence of certificates obtained from foreign educational and training provider institutions.

The committee may carry out or cause to be carried out work related to student registration and certification, periodically review the achievements of technical and vocational education and skill development training programs operated by provincial and local levels, monitor and evaluate educational programs in operation, prepare standards and submit them to the Assembly, classify, standardize, test and certify skills and vocational qualifications, arrange internal auditing, and carry out bilateral or multilateral cooperation and coordination with international organizations.

The meeting of the Executive Committee will be held as needed on the date, time and place specified by the Chairperson. Notice of the meeting and the matters to be discussed must generally be provided at least 24 hours before the meeting. If more than 50 percent of the total number of members are present, the quorum will be met; decisions will be made by majority; and in the event of a tie, the Chairperson will cast the deciding vote.

Provision Related to the Vice-Chairperson

The bill provides that there will be a full-time Vice-Chairperson in the Council. The Government of Nepal will appoint the Vice-Chairperson from among the persons recommended by the committee under Section 12. The term of office of the Vice-Chairperson will be four years from the date of appointment.

The bill also includes qualification provisions for the Vice-Chairperson. A person will be eligible to become Vice-Chairperson if they have at least three years of experience in a Gazetted Special Class post of the Government of Nepal or an equivalent post, or at least seven years of experience in a Gazetted First Class post or an equivalent post, or if they have at least a master’s degree in any subject from a recognized university and at least three years of experience as a professor or at least seven years of experience as an associate professor. The bill also requires the person to be of high moral character and to have no conflict of interest with the Council.

The bill provides that the remuneration, other conditions of service and facilities of the Vice-Chairperson will be as determined by the Government of Nepal.

Recommendation Committee

A Recommendation Committee will be formed to select suitable persons for appointment as Vice-Chairperson and Member Secretary and recommend names to the Government of Nepal. The structure of the committee has been proposed as follows.

• Chairperson of the Public Service Commission or a member of the Commission designated by the Chairperson: Coordinator.

• Member looking after education, National Planning Commission: Member.

• Secretary of the Ministry: Member.

The committee must recommend names to the Government of Nepal within a maximum of 30 days from the date it begins its work.

Provision Related to the Member Secretary

There will be one Member Secretary as the administrative head of the Council. The Member Secretary will be appointed by the Government of Nepal. The bill provides that the Member Secretary will be a full-time office-bearer and will have a four-year term.

The Recommendation Committee must recommend the names of three persons who secure the highest marks, from among employees who have worked for at least five years in the First Class officer-level post of the Council, based on educational qualification and training, experience and performance evaluation, the Council’s professional work plan, work plan presentation, and interview.

If it appears that the Member Secretary has not maintained conduct appropriate to the post, has not fulfilled official responsibility, or has acted against the interest of the Council, the Government of Nepal may remove the Member Secretary at any time. Before removal, an opportunity to submit a clarification must be given.

The functions, duties and powers of the Member Secretary include preparing proposals to be submitted to the Council Assembly and Executive Committee, implementing decisions, preparing annual programs, plans and budgets and submitting them to the Executive Committee, implementing approved policies, plans and programs, conducting financial transactions and keeping records, protecting and using the Council’s property, managing employees, and carrying out or causing to be carried out functions delegated by the Council Assembly and Executive Committee.

National Vocational Qualification Framework and Qualification Determination

The bill provides that technical and vocational education and training programs will be operated as per Schedule 1, maintaining qualifications from Level One to Level Eight under the National Qualification Framework.

Until a law related to the National Vocational Qualification Framework is enacted, such a framework will be as approved by the Government of Nepal. The bill also provides that credits, qualifications and functional achievements of technical and vocational education and training programs will be determined subject to the framework approved by the Government of Nepal.

The bill provides that the Council will determine the qualifications of knowledge and skills obtained through formal, non-formal and informal means, provide level-wise qualification certificates showing proficiency and capacity on the basis of such qualifications, and require trainees involved in all types of vocational skill development training to undergo testing and certification of skills or vocational qualifications.

Competency and Permeability

The bill gives the Council the responsibility to determine the competency of knowledge and skills obtained through formal, non-formal and informal means, as well as the formal qualifications of technical and vocational education obtained from abroad.

On the basis of the determined competencies, the bill mentions that a permeability arrangement will be made under the National Qualification Framework to allow entry from one discipline to another, from technical and vocational education to general education, and from general education to technical and vocational education.

National Vocational Qualification Certification Committee

A National Vocational Qualification Certification Committee will be formed under the Council to carry out work related to qualification determination of occupational programs and certificates at all levels of technical and vocational education and training under the National Qualification Framework.

The formation of the committee has been proposed as follows.

• Member Secretary, Council: Chairperson.

• Joint Secretary, Ministry: Member.

• Joint Secretary, Public Service Commission: Member.

• Joint Secretary, Ministry of Youth, Labor and Employment: Member.

• Member as per Section 5, subsection (2), clause (ट): Member.

• Coordinator of the Sectoral Skill Committee of the concerned subject: Member.

• First Class employee of the Council looking after the concerned subject: Member Secretary.

Up to three experts related to proficiency, skill, labor or other subjects may be invited to the committee meeting. The committee will carry out functions related to credit determination, credit transfer and qualification determination, degrees and certificates of technical and vocational education and training programs under the National Vocational Qualification Framework.

Sectoral Skill Committee

To support the Council in relation to skill development training programs operated by subject area, the Executive Committee may form Sectoral Skill Committees in contemporary fields including engineering, agriculture, forestry, animal science, health, tourism and information technology.

The chairperson of the concerned industry-business association or a person with at least seven years of experience in that field will serve as coordinator, and five persons with at least five years of experience in the concerned field of industry or business will serve as members.

Each committee will recommend matters related to identification of sectoral needs, curriculum development, preparation of skill standards, industrial trainee programs, workplace learning, qualification determination, testing and certification. The term of office of the members will be two years.

Curriculum-Related Provision

On the basis of the level-wise competencies of the National Qualification Framework, the Council will formulate the National Curriculum Framework for technical and vocational education. Subject to the National Curriculum Framework, provincial and local levels may prepare and implement curricula for programs within their jurisdiction, but such curricula must be submitted to the Council for recognition before implementation.

On the recommendation of the Sectoral Skill Committee, the Council will approve the curriculum of programs related to skill development training. The bill also provides for the development of a bridge curriculum to provide access to technical and vocational education and training for persons who have obtained knowledge and skills through formal or informal means.

Curriculum and Competency Determination Committee

A Curriculum and Competency Determination Committee will be formed to determine the curriculum framework of technical and vocational education and training and the competency of academic degrees related to technical education obtained from foreign educational institutions.

The structure of the committee is mentioned as follows.

• Vice-Chairperson, Council: Chairperson.

• Member Secretary of the Council: Member.

• Joint Secretary, Ministry: Member.

• Joint Secretary, Public Service Commission: Member.

• Director General, Curriculum Development Centre: Member.

• Director, University Grants Commission: Member.

• Director of the division of the Council looking after the concerned subject: Member Secretary.

Up to three experts in the concerned subject may be invited to the committee meeting.

Examination Operation, Standard Determination and Standards

The operation of examinations for technical and vocational education will be as provided in prevailing law, and if no such provision exists, the Council will arrange the operation of examinations. Provincial governments may operate and manage examinations subject to the standards related to examination operation determined by the Council.

The bill provides that the Office of the Controller of Examinations will formulate and approve the schedule of examinations held in provinces, prepare examinations, publish results, certify them and issue certificates.

The Council will carry out work related to standard determination and accreditation of technical institutes. On the recommendation of the Council, the Ministry will determine national standards related to quality, standards, qualifications of teachers and instructors, academic and physical infrastructure, and vocational qualifications for the establishment, operation and regulation of technical institutes.

Workplace-Based Learning

The bill provides that institutions or industries operating technical and vocational education and training programs may conduct training and instruction, including industrial trainee programs, based on workplace learning.

An Industrial Trainee Training Committee will be formed to manage and grant permission for industrial trainee programs. The committee will include the Member Secretary of the Council as Chairperson, a Joint Secretary of the Ministry as member, a Joint Secretary of the Ministry of Industry as member, a Joint Secretary of the Ministry of Youth, Labor and Employment as member, the coordinator of the concerned Sectoral Skill Committee as member, three members nominated by the Chairperson from among representatives of industry-business federations, including at least one woman, and the Director of the division of the Council looking after the concerned subject as Member Secretary.

The Council may provide necessary facilities to industries or service sectors operating the program. The bill provides that theoretical and workplace learning related to industrial trainees will be based on a dual model and will be as determined in the curriculum. Skills and proficiency acquired through training and instruction may be linked to the credit accumulation system.

The functions of the Industrial Trainee Training Committee include operating, managing and coordinating programs; arranging trainee selection, recruitment and workplace learning in industries; granting permission to operate programs; ensuring the safety, facilities and quality of learning of trainees; coordinating among instructors, industries and training provider institutions; regularly monitoring, evaluating and reviewing program progress; facilitating the evaluation and certification process of trainees; and collaborating and coordinating with industries, establishments and other bodies as necessary.

Provision Related to Technical Institutes

The bill provides that provincial governments may establish and operate technical institutes within their provinces on the basis of labor market needs and skill mapping.

It is proposed that the operation, management and regulation of technical institutes operating under the existing Council for Technical Education and Vocational Training at the time of commencement of the Act will be transferred to provincial governments. Provincial governments will make necessary legal arrangements for the operation, management and regulation of the transferred institutes.

National standards must be followed when establishing and operating technical institutes. Until provisions are made in provincial law, the Council may make necessary arrangements related to the operation and regulation of institutes on the recommendation of the provincial government.

The bill also includes a provision that local levels may operate programs related to technical and vocational education and skill-based training equivalent to school education. The operation, management and regulation of technical and vocational education programs being run in community schools at the time of commencement of the Act will be transferred to the concerned local level.

Change of Subject or Location, Merger or Cancellation of Educational Program

Technical institutes that have obtained permission to operate educational programs may operate by changing educational programs and locations as prescribed, based on labor market needs and mapping.

The bill also provides that the Provincial Council may merge or cancel institutes and educational programs of technical institutes that operate educational programs under the Act, based on labor market needs, number of students, infrastructure and mapping.

Employee-Related Provision

The Council will have the required number of employees. Before adding organizational structures or positions in the Council, an organization and management survey must be conducted. While approving positions, approval of the Government of Nepal, Ministry of Finance must be obtained if additional financial liability is to be borne by the Government of Nepal.

The bill provides that instructors and employees working in the Council for Technical Education and Vocational Training at the time of commencement of the Act will be adjusted within one year into the Council and institutes under provincial governments. In the case of permanent employees of the Council, adjustment will be made as prescribed to approved posts in the institutes and offices transferred to the provinces.

The bill provides that the conditions of service of employees who have been adjusted and permanent employees working in the Council service before the issuance of the Act will not be changed in a manner that causes them hardship. The Provincial Council may manage temporary employees currently working in the Council’s provincial offices.

Technical Training Academy

The bill provides that a national-level Technical Training Academy will be established under the Council to carry out functions related to capacity enhancement, in-service training, competency testing and certification of instructors, training related to technical and vocational education and training, research and innovation, and instructor licenses for instructors, employees and technical human resources required for the public and private sectors.

The Academy may operate programs in collaboration with the Council and with public, community, cooperative and private sectors. The proposed functions, duties and powers of the Academy are as follows.

• Conduct pre-service training for instructors and in-service training for instructors and employees.

• Provide necessary training to company trainers who have gained proficiency while working in industrial and vocational sectors and certify their proficiency.

• Conduct industrial structure and training programs for instructors and company trainers.

• Provide quality auditor training to ensure quality in the field of technical education and vocational training.

• Conduct training in various disciplines and areas of technical and vocational education and training, including management, curriculum, instruction and evaluation.

• Determine national competency standards for career development of instructors and company trainers and arrange training accordingly.

• Collaborate with other universities to obtain formal degrees with credit accumulation and transfer as required.

• Conduct instructor competency testing and provide training licenses.

The Academy Management Committee will include the Vice-Chairperson of the Council as Chairperson; the Member Secretary of the Council as member; the dean of the concerned subject designated by the committee from among university deans as member; a Joint Secretary of the Ministry as member; a Joint Secretary of the Public Service Commission as member; a Joint Secretary of the Ministry of Youth, Labor and Employment as member; and the Executive Director of the Academy as Member Secretary.

Provincial and Local-Level Arrangements

The bill provides that in each province, a Provincial Council for Technical Education and Vocational Training will be established under provincial law, chaired by the minister looking after the concerned subject area, to carry out functions related to technical and vocational education and training. When forming the Provincial Council, the provincial government must also make arrangements for representation from among mayors of municipalities and chairpersons of rural municipalities within the province.

The functions, duties and powers of the Provincial Council include operating and managing technical and vocational education and training subject to national policies, standards and frameworks, and formulating provincial laws and structures related to it.

The Provincial Council will operate, regulate, monitor and evaluate constituent technical institutes, polytechnic institutes, partnership-based institutes and privately operated institutes currently operating within the province; affiliate, operate and manage training provider institutions subject to national standards; manage instructors and employees working in institutes, including their service conditions, facilities and records; and operate pre-diploma, diploma, industrial trainee programs, and long- and short-term vocational skill development training subject to the prescribed curriculum, qualifications and examination system.

The Provincial Council will conduct professional training, interaction programs, seminars and workshops for capacity development of instructors and employees; coordinate and facilitate matters related to technical and vocational education and training among local levels; and carry out work related to testing of skills and vocational qualifications in the province for implementation of the National Vocational Qualification Framework.

Responsibilities and Obligations of Local Levels

The bill also specifies the responsibilities of local levels related to technical and vocational education and training. Local levels will operate and regulate technical and vocational education and training programs in public schools subject to national and provincial policies, standards and curricula.

Local levels will operate, regulate, monitor and evaluate existing technical and vocational education and training programs, operate skill development training programs through training provider institutions under the National Vocational Qualification Framework, and conduct qualification testing.

Local levels have been assigned the responsibility to conduct short-term professional training, interaction programs, seminars and workshops for capacity development of instructors and employees; monitor skill testing centers and skill testing work operated for testing skills and vocational qualifications; and coordinate and facilitate matters related to technical and vocational education and training under local levels.

Fund, Accounts and Audit

The Council will have a separate fund. The fund will include amounts received from the Government of Nepal, grants or loan amounts received from domestic or foreign persons, organizations, institutions or governments, and amounts received from other sources.

Before receiving any amount from a foreign person, organization, institution or foreign government, the Council must obtain approval from the Government of Nepal, Ministry of Finance. The fund amount will be deposited under prevailing law, and all expenses of the Council will be borne from the same fund.

The income and expenditure accounts of the Council will be maintained according to the accounting system adopted by the Government of Nepal. The Ministry may inspect or cause to be inspected the accounts of the Council at any time if it wishes. The bill provides that internal audit will be conducted by the Federal Treasury Comptroller Office and final audit by the Office of the Auditor General. The Secretary must submit the report to the Council.

Direction, Information System and Scholarship

The Government of Nepal may, through the Ministry, give necessary directions regarding the Council’s activities, implementation of decisions or performance, and it will be the duty of the Council to implement such directions. The bill also provides that if it appears necessary to study or inquire into any matter, the Ministry may conduct or cause to be conducted the necessary study or inquiry.

The bill provides that details related to technical and vocational education and training, entrepreneurship and employment will be connected to the Integrated Labor Market Information Management System.

Special arrangements, including residential facilities and scholarships, may be made to increase access to technical and vocational education and skill development training for persons who have received poor family identity cards under prevailing law, economically deprived persons, persons with disabilities, Dalits and members of marginalized communities, and persons from prescribed remote areas.

Monitoring, Evaluation and Reporting

Provincial governments or local levels will regularly monitor and evaluate the educational programs of institutions to which they have granted permission to operate technical and vocational education and skill development training. An integrated annual report of such monitoring and evaluation must be prepared and sent to the Ministry.

The Council must submit an annual report to the Ministry within three months after the end of the fiscal year, including details of the activities it has carried out. The bill also provides that such a report must be made public by the Council.

Within one year after the completion of five years from the commencement of the Act, and every five years thereafter, the Ministry will measure the implementation of the Act and submit its report to the concerned committees of both Houses of the Federal Parliament.

Information Technology, Intellectual Property and Foreign Citizens

The Council may use appropriate means of information and communication technology in its work as required. The bill provides that activities, training, skill testing, teaching-learning, evaluation or examinations conducted using information and communication technology will be deemed to have been duly carried out.

Rights related to intellectual property obtained on the basis of research, invention, production or other work carried out by the Council will remain protected in the Council under prevailing law. Researchers or other persons involved with the Council in acquiring intellectual property through research, invention, production or other bases may be provided recognition, awards or royalties under prevailing law.

Provision may be made for foreign citizens or non-resident Nepalis to participate in study and training in educational programs and skill development training under the Council. Foreign citizens or non-resident Nepalis who have made notable contributions in the field of technical and vocational education and training may be contracted as instructors or researchers, and approval must be obtained through the Ministry before doing so.

Restriction on Participation in Decision-Making in Case of Conflict of Interest

A person nominated or appointed under the Act will not be allowed to participate in any work, proceeding or decision-making process if a conflict of interest appears in relation to the interest or concern of the Council.

The bill also provides that if the Council cannot operate and is dissolved, all property of the Council will belong to the Government of Nepal.

Seats, Admission and Fees

The determination of seats and student admission for educational programs operated by the Council will be as determined by the Council. The Executive Committee may delegate, as necessary, some of the powers it has received under the Act or rules made under the Act to committees, subcommittees or task teams of the Council.

The tuition fees to be paid by students or researchers studying or conducting research in technical and vocational education and training will be as determined by the Council. While determining fees, different fees and conditions may be prescribed for Nepali citizens and foreign citizens. It is proposed that the arrangement related to tuition fees of institutes operated under provincial law will be as per provincial law.

Repeal and Savings

The bill provides for the repeal of the Council for Technical Education and Vocational Training Act, 2045. Activities carried out under that Act will be deemed to have been carried out under this Act.

The bill states that the movable and immovable property and liabilities in the name of the Council for Technical Education and Vocational Training formed under the Council for Technical Education and Vocational Training Act, 2045 will be transferred to the new Council.

Levels of the National Vocational Qualification System

Schedule 1 of the bill includes the levels of the National Vocational Qualifications System (NVQS) and the National Qualification System, related to Section 16, subsection (1), as follows.

• National Vocational Qualification System (NVQS) Level One: Basic Education Level 1 in the National Qualification System (NQS).

• National Vocational Qualification System (NVQS) Level Two: Basic Education Level 2 in the National Qualification System (NQS).

• National Vocational Qualification System (NVQS) Level Three: Basic education or equivalent in the National Qualification System (NQS) (Technical).

• National Vocational Qualification System (NVQS) Level Four: National Technical Certificate, Class Ten or equivalent in the National Qualification System (NQS) (Technical).

• National Vocational Qualification System (NVQS) Level Five: National Diploma or Proficiency Certificate or equivalent to Class Twelve in the National Qualification System (NQS) (Technical).

• National Vocational Qualification System (NVQS) Level Six: Bachelor’s degree or equivalent to bachelor’s level in the National Qualification System (NQS) (Technical).

• National Vocational Qualification System (NVQS) Level Seven: Master’s degree or equivalent to master’s level in the National Qualification System (NQS) (Technical).

• National Vocational Qualification System (NVQS) Level Eight: Doctorate in the National Qualification System (NQS).

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