Nghị định 31/2015/NĐ-CP hướng dẫn Luật Việc làm về đánh giá, cấp chứng chỉ kỹ năng nghề quốc gia

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LAW ON EMPLOYMENT REGARDING ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 16, 2013 Law on Employment;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates the Decree detailing a number of articles of the Law on Employment regarding assessment and grant of certificates of national occupational skills.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details the implementation of Clause 4, Article 31, and Clause 2, Article 35, of the Law on Employment regarding the conditions, organization and activities of the assessment and grant of certificates of national occupational skills and the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required.

2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree regarding assessment and grant of certificates or certification of skill levels or capability for employees, that treaty must prevail.

3. For jobs directly affecting the safety and health of employees or the community in the sectors or occupations for which a professional practice certificate or license is required by other current laws, those laws and this Decree must apply.

Article 2. Subjects of application

1. Occupational skills assessment organizations; employees participating in the assessment and grant of certificates of national occupational skills.

2. Employers of employees doing jobs on the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required.

3. Other agencies, organizations and persons involved in the implementation of this Decree.

Chapter II

CONDITIONS, ORGANIZATION AND ACTIVITIES OF ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Section I. CONDITIONS, COMPETENCE, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES OF OPERATION IN ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Article 3. Conditions for grant of certificates of operation in assessment and grant of certificates of national occupational skills

To be granted a certificate of operation in assessment and grant of certificates of national occupational skills, an organization must satisfy the following conditions:

1. Physical foundations, facilities and equipment:

a/ To have physical foundations (professional and technical sections, workshops and ground area) and facilities and equipment (vehicles, equipment, devices and tools for professional practice and measuring and inspection devices) according to the list of physical foundations, facilities and equipment for national occupational skills assessment for each occupation promulgated by the Ministry of Labor, War Invalids and Social Affairs, corresponding to the number of participants in the assessment and grant of certificates of national occupational skills (below referred to as participants) in an exam of professional and technical knowledge (below referred to as knowledge exam) or exam of practice skills the occupational safety and hygiene process (below referred to as practice exam) at a certain level of skills of each occupation held at a certain point of time;

b/ To have an internet-connected system of video and audio observation and monitoring devices to ensure the observation, monitoring and supervision of all activities during knowledge and practice exams;

c/ To have a website to enable employees to register online their participation in the assessment and grant of certificates of national occupational skills.

2. Personnel directly assessing national occupational skills of participants:

For each level of skills of an occupation, to have at least 3 (three) persons who possess a national occupational skills appraiser card (below referred to as appraiser card) granted by the competent agency specified in Article 12 of this Decree, including at least 1 (one) person officially working at an occupational skills assessment organization.

Article 4. Certificates of operation in assessment and grant of certificates of national occupational skills

1. A certificate of operation in assessment and grant of certificates of national occupational skills (below referred to as certificate) must specify names of occupations and levels of skills of each occupation for assessment and grant of certificates of national occupational skills.

2. The Minister of Labor, War Invalids and Social Affairs shall promulgate the forms of the certificate and documents of the dossier of application for a certificate.

Article 5. Competence to grant certificates

The Ministry of Labor, War Invalids and Social Affairs is competent to grant, renew, supplement and re-grant certificates and suspend operation and revoke granted certificates.

Article 6. Dossiers, order and procedures for grant of certificates

1. Dossier of application for a certificate:

a/ Written request of the applying organization together with a copy of its establishment decision issued by a competent agency or its enterprise registration certificate;

b/ Documents proving satisfaction of the conditions prescribed in Article 3 of this Decree.

2. Order and procedures:

a/An organization applying for a certificate shall send 1 (one) application dossier directly or by post to the Ministry of Labor, War Invalids and Social Affairs;

b/ Within 15 working days after receiving a complete dossier prescribed in Clause 1 of this Article, the Ministry of Labor, War Invalids and Social Affairs shall examine the dossier and grant a certificate; in case of refusal, it shall issue a written reply clearly stating the reason.

Article 7. Dossiers, order and procedures for modification, supplementation and re-grant of certificates

1. An occupational skills assessment organization which requests to change or add occupations or levels of occupational skills or which changes its head office address or its name shall send directly or by post 1 (one) dossier of request for modification or addition to the granted certificate to the Ministry of Labor, War Invalids and Social Affairs. A dossier must comprise:

a/ Written request of the occupational skills assessment organization;

b/ Documents related to contents to be changed or added;

c/ The granted certificate.

2. In case its certificate is lost, damaged, tom or rumpled, an occupational skills assessment organization shall send directly or by post 1 (one) dossier of request for re-grant of a certificate to the Ministry of Labor, War Invalids and Social Affairs, which must comprise:

a/ Written request of the occupational skills assessment organization;

b/ The granted certificate unless it is lost.

3. Within 10 working days after receiving a dossier prescribed in Clause 1 or 2 of this Article, a competent agency shall examine the dossier and re-grant a certificate; in case of refusal, it shall issue a written reply clearly stating the reason.

Article 8. Suspension from operation or revocation of certificates

1. An occupational skills assessment organization shall be suspended from operation for up to 6 (six) months in the following cases:

a/ It fails to satisfy one of the conditions prescribed in Article 3 of this Decree right before conducting the assessment and grant of certificates of national occupational skills;

b/ It loses results of knowledge or practice exams of participants or fails to keep these results as prescribed by the law on archives.

2. An occupational skills assessment organization shall have its certificate revoked in the following cases:

a/ It tampers with documents in the dossier of application for the certificate;

b/ It intervenes to distort results of knowledge or practice exams of participants;

c/ It makes false results of knowledge or practice exams, or requests the grant of certificates of national occupational skills, for persons who do not sit exams;

d/ It fails to carry out activities of assessment and grant of certificates of national occupational skills within 24 months after obtaining the certificate;

dd/ Past the operation suspension period, it fails to implement remedial measures or its remedial measures fail to meet requirements of competent agencies;

e/ It is merged or consolidated into another organization; it is dissolved, falls bankrupt or terminates operation as prescribed by law.

3. Within 10 working days after detecting a violation prescribed in Clause 1 or 2 of this Article, the Ministry of Labor, War Invalids and Social Affairs shall decide to suspend operation or revoke the granted certificate.

4. Within 30 days after being suspended from operation or having its certificate revoked, an occupational skills assessment organization shall settle benefits of and obligations toward related organizations and persons.

Article 9. Notification of grant of certificates

Within 3 (three) working days after granting or re-granting a certificate, suspending operation, or revoking a certificate, the Ministry of Labor, War Invalids and Social Affairs shall publish on its website information on occupational skills assessment organizations which have been granted or re-granted certificates, suspended from operation and have their certificates revoked.

Article 10. Rights and obligations of occupational skills assessment organizations

1. Rights of an occupational skills assessment organization:

a/ To hold mock exams using knowledge and practice questions of previous exams of national occupational skills assessment at the request of employees;

b/ To cooperate with other organizations in accordance with law to ensure physical foundations, facilities and equipment for the assessment and grant of certificates of national occupational skills;

c/ To collect charges at market rates for rent of devices and equipment and for supplies, materials and fuel provided to participants for use in exams;

d/ To participate in activities of international cooperation on assessment and grant of certificates of national occupational skills in accordance with law.

2. Obligations of an occupational skills assessment organization:

a/ To plan and organize the assessment and grant of certificates of national occupational skills for each occupation and each level of skills; to publish on its website information on the assessment and grant of certificates of national occupational skills and take responsibility for such information;

b/ To receive and manage employees’ dossiers of registration for participation in the assessment and grant of certificates of national occupational skills;

c/ To prepare sufficient supplies, materials and fuel corresponding to the number of participants in each exam of national occupational skills assessment for each occupation and level of skills;

d/ To set up examiner boards and create conditions for these boards and supervision teams to perform their tasks;

dd/ To ensure safety and coordinate with related organizations and persons in dealing with incidents occurring in the assessment and grant of certificates of national occupational skills;

e/ To provide devices and equipment allowed to be used in doing tests for participants who want to borrow or hire them, and publicize their rent rates;

g/ To send by post or directly certificates of national occupational skills granted by the competent agency prescribed in Clause 2, Article 26 of this Decree to successful participants; to keep participants’ dossiers and results of assessment of national occupational skills in accordance with the law on archives;

h/ To comply with reporting regulations and make biannual, annual and irregular reports under the guidance of the Ministry of Labor, War Invalids and Social Affairs;

i/ To perform other tasks prescribed in this Decree and other relevant laws.

Section 2. CONDITIONS, COMPETENCE, ORDER AND PROCEDURES FOR RECOGNITION AND GRANT OF APPRAISER CARDS

Article 11. Conditions for grant of appraiser cards

1. A person may be granted an appraiser card when fully meeting the following conditions:

a/ Having full civil act capacity;

b/ Satisfying one of the conditions on levels of skills, professional qualifications and experience prescribed in Clauses 2, 3, 4, 5 and 6 of this Article;

c/ Having completed a training course on national occupational skills assessment.

2. To be granted an appraiser card of level 1, a person must satisfy one of the following conditions on skills, qualifications and experience:

a/ Being a recognized national artisan in that occupation;

b/ Possessing a certificate of national occupational skills of level 3 or higher in that occupation, or possessing a certificate of national occupational skills of level 2 in that occupation and having worked in that occupation for at least 2 (two) years since obtaining the certificate;

c/ Holding a collegial or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 2 (two) years after graduation and currently engaging in training at intermediate or higher level or working at a health establishment or an enterprise.

3. To be granted an appraiser card of level 1 or level 2, a person must satisfy one of the following conditions on skills, qualifications and experience:

a/ Being a recognized national artisan in that occupation;

b/ Possessing a certificate of national occupational skills of level 3 or higher in that occupation, or possessing a certificate of national occupational skills of level 2 in that occupation and having worked in that occupation for at least 5 (five) years since obtaining the certificate;

c/ Holding a collegial or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 5 (five) years after graduation and currently engaging in training at intermediate or higher level or working at a health establishment or an enterprise.

4. To be granted an appraiser card from level 1 to level 3, a person must satisfy one of the following conditions on skills, qualifications and experience:

a/ Being a recognized national artisan in that occupation;

b/ Possessing a certificate of national occupational skills of level 4 or higher in that occupation, or possessing a certificate of national occupational skills of level 3 in that occupation and having worked in that occupation for at least 2 (two) years since obtaining the certificate;

c/ Holding a tertiary or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 5 (five) years after graduation and currently engaging in training at collegial or higher level or working as a manager or supervisor at a health establishment or an enterprise.

5. To be granted an appraiser card from level 1 to level 4, a person must satisfy one of the following conditions on skills, qualifications and experience:

a/ Possessing a certificate of national occupational skills of level 5 in that occupation, or possessing a certificate of national occupational skills of level 4 in that occupation and having worked in that occupation for at least 3 (three) years since obtaining the certificate;

b/ Holding a tertiary or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 10 (ten) years after graduation and currently engaging in teaming at collegial or higher level or working as a manager or supervisor at a health establishment or an enterprise.

6. To be granted an appraiser card from level 1 to level 5, a person must satisfy one of the following conditions on skills, qualifications and experience:

a/ Possessing a certificate of national occupational skills of level 5 in that occupation and having worked in that occupation for at least 3 (three) years since obtaining the certificate;

b/ Holding a tertiary or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 15 (fifteen) years after graduation and cuưently engaging in training at collegial or higher level or working as a manager or supervisor at a health establishment or an enterprise.

7. The period of working in an occupation shall be determined based on the written labor contract between employee and employer as prescribed by the labor law.

Article 12. Competence to grant, re-grant, cancel and revoke appraiser cards

1. The Ministry of Labor, War Invalids and Social Affairs is competent to grant, re-grant, cancel and revoke appraiser cards.

2. An appraiser card granted by the Ministry of Labor, War Invalids and Social Affairs must clearly indicate the occupations and levels to be assessed. The Ministry of Labor, War Invalids and Social Affairs shall promulgate the forms of the appraiser card and documents of the dossier of application for an appraiser card; organize the development of training programs and documents on national occupational skills assessment and organize the training for grant of appraiser cards.

Article 13. Dossiers, order and procedures for grant of appraiser cards

1. A dossier of application for an appraiser card must comprise:

a/ An application for an appraiser card attached with 2 (two) 3x4 cm color photos;

b/ One (1) copy of the documents proving satisfaction of one of the conditions prescribed in Clause 2, 3, 4, 5 or 6, Article 11 of this Decree, together with the original for comparison.

2. Order and procedures for grant of appraiser cards:

a/ An applicant for an appraiser card shall send directly 1 (one) application dossier to the Ministry of Labor, War Invalids and Social Affairs when attending the training course on national occupational skills assessment;

b/ After receiving a dossier prescribed in Clause 1 of this Article, the dossier recipient shall examine and verify the dossier. If the dossier is incomplete or invalid, he/she shall guide the applicant in supplementing and completing the dossier. If the dossier is complete as required, the competent agency shall grant an appraiser card right after the training course on national occupational skills assessment is completed.

Article 14. Dossiers, order and procedures for re-grant of appraiser cards

1. An appraiser card may be re-granted when there is a request for adding or changing the levels of occupational skills to be assessed or when the card is damaged, tom, rumpled or lost.

2. A dossier of request for re-grant of an appraiser card must comprise:

a/ An application for re-grant of an appraiser card attached with 1 (one) 3x4 cm color photo;

b/ The granted appraiser card, unless it is lost.

3. Order and procedures:

a/ An applicant for re-grant of an appraiser card shall send 1 (one) dossier directly or by post to the Ministry of Labor, War Invalids and Social Affairs;

b/ Within 7 (seven) working days after receiving a complete dossier as required, a competent agency shall examine and verify the dossier and re-grant an appraiser card. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 15. Cancellation and revocation of appraiser cards

1. An appraiser card shall be cancelled when its holder quits his/her job or shifts to another job irrelevant for assessment of national occupational skills.

2. An appraiser card shall be revoked when its holder commits either of the following violations:

a/ Tampering with documents in the dossier of application for the appraiser card;

b/ Failing to comply with the process for assessment and grant of certificates of national occupational skills promulgated by the Ministry of Labor, War Invalids and Social Affairs when assessing employees’ professional and technical knowledge and practice skills and observance of the occupational safety and hygiene process.

3. Within 15 working days after learning that an appraiser card holder who has quitted his/her job or shifted to another irrelevant job still participates in the assessment of national occupational skills or that an appraiser card holder violates Clause 2 of this Article, the Ministry of Labor, War Invalids and Social Affairs shall issue a decision to cancel or revoke the appraiser card and notify such to the employer or the place of residence of the appraiser.

4. When a decision canceling or revoking an appraiser card is issued, the card holder shall return the card to the occupational skills assessment organization or the occupational skills assessment organization shall recall the card and return it to the agency having granted the appraiser card.

5. A violating appraiser card holder who is a cadre, civil servant or public employee shall be handled in accordance with the laws on cadres, civil servants and public employees.

Section 3. CONDITIONS, ORDER AND PROCEDURES FOR REGISTRATION OF PARTICIPATION IN ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Article 16. Conditions for participation in assessment and grant of certificates of national occupational skills

1. Any employee may participate in the assessment and grant of certificates of national occupational skills of level 1 of an occupation.

2. To participate in the assessment and grant of certificates of national occupational skills of level 2 of an occupation, an employee must satisfy one of the following conditions:

a/ Possessing a certificate of national occupational skills of level 1 or basic-level certificate corresponding to that occupation and having worked in that occupation for at least 2 (two) years since obtaining such certificate;

b/ Having completed an intermediate-level (intermediate vocational, professional secondary) training program corresponding to the occupation to be assessed;

c/ Having worked in that occupation for at least 3 (three) consecutive years.

3. To participate in the assessment and grant of certificates of national occupational skills of level 3 of an occupation, an employee must satisfy one of the following conditions:

a/ Possessing a certificate of national occupational skills of level 2 or intermediate-level (intermediate vocational, professional secondary, occupational or technical employee) diploma corresponding to that occupation and having worked in that occupation for at least 2 (two) consecutive years since obtaining such certificate or diploma;

b/ Possessing a certificate of national occupational skills of level 1 or basic-level certificate corresponding to that occupation and having worked in that occupation for at least 5 (five) consecutive years since obtaining such certificate;

c/ Having completed a collegial-level (vocational collegial) training program corresponding to that occupation;

d/ Having worked in that occupation for at least 6 (six) consecutive years.

4. To participate in the assessment and grant of certificates of national occupational skills of level 4 of an occupation, an employee must satisfy one of the following conditions:

a/ Possessing a certificate of national occupational skills of level 3 or collegial-level (vocational collegial) diploma corresponding to that occupation and having worked in that occupation for at least 3 (three) consecutive years since obtaining such certificate or diploma;

b/ Possessing a certificate of national occupational skills of level 2 or intermediate-level (intermediate vocational, professional secondary, occupational or technical employee) diploma corresponding to that occupation and having worked in that occupation for at least 6 (six) consecutive years since obtaining such certificate or diploma;

c/ Possessing a certificate of national occupational skills of level 1 or basic-level certificate coưesponding to that occupation and having worked in that occupation for at least 9 (nine) consecutive years since obtaining such certificate;

d/ Having completed a tertiary training program corresponding to that occupation;

dd/ Having worked in that occupation for at least 10 (ten) consecutive years.

5. To participate in the assessment and grant of certificates of national occupational skills of level 5 of an occupation, an employee must satisfy one of the following conditions:

a/ Possessing a certificate of national occupational skills of level 4 or tertiary diploma corresponding to that occupation and having worked in that occupation for at least 5 (five) consecutive years since obtaining such certificate or diploma;

b/ Possessing a certificate of national occupational skills of level 3 or collegial-level (vocational collegial) diploma corresponding to that occupation and having worked in that occupation for at least 9 (nine) consecutive years since obtaining such certificate or diploma;

c/ Possessing a certificate of national occupational skills of level 2 or intermediate-level (intermediate vocational, professional secondary, occupational or technical employee) diploma corresponding to that occupation and having worked in that occupation for at least 12 (twelve) consecutive years since obtaining such certificate or diploma;

d/ Possessing a certificate of national occupational skills of level 1 or basic-level certificate corresponding to that occupation and having worked in that occupation for at least 14 (fourteen) consecutive years since obtaining such certificate;

dd/ Holding a tertiary diploma corresponding to that occupation and having worked in that occupation for at least 3 (three) consecutive years since obtaining such diploma;

e/ Having worked in that occupation for at least 15 (fifteen) consecutive years.

6. The period of working in an occupation shall be determined through the written labor contract between employee and employer in accordance with the labor law or certified by the commune-level People’s Committee of the place of residence, for cases of self-employment.

Article 17. Procedures and dossiers for registration of participation in assessment and grant of certificates of national occupational skills

1. An employee’s participation in the assessment and grant of certificates of national occupational skills shall be registered as follows:

a/ An employee shall select an occupational skills assessment organization to make online or direct registration at such organization or send a registration dossier by post to such organization;

b/ An employer may make registration for their current employees or create conditions for them to make registration;

c/ An occupational skills assessment organization shall examine and compare applicants’ conditions for participation in the assessment and grant of certificates of national occupational skills at different levels before conducting the assessment of national occupational skills.

2. A registration dossier must comprise:

a/ A written registration for participation with a photo of the employee and full information as required;

b/ One (1) copy of any of the papers proving satisfaction of one of the conditions prescribed in Article 16 of this Decree.

3. The Minister of Labor, War Invalids and Social Affairs shall specifically stipulate the registration for participation and registration dossier prescribed in this Article.

Article 18. Condition for recognition of equivalence or exemption from national occupational skills assessment

1. A person who has won a medal at a world vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 3 in the occupation in which he/she has won the medal.

2. A person who wins a medal at an ASEAN vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 2 in the occupation in which he/she has won the medal. If this person participates in the assessment and grant of certificates of national occupational skills of level 3 in the occupation in which he/she has won the medal, he/she is entitled to exemption from the exam of practice skills and observance of the occupational safety and hygiene process.

3. A person who has won the first, second or third prize at a national vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 2 in the occupation in which he/she has won the prize.

Section 4. ORGANIZATION AND MANAGEMENT OF ACTIVITIES OF ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Article 19. Organization of assessment and grant of certificates of national occupational skills

The assessment of national occupational skills for participants at each level for each occupation must comply with the principles and contents prescribed in Article 30 of the Law on Employment and shall be conducted periodically in a year according to the schedule announced by the Ministry of Labor, War Invalids and Social Affairs in late December of the previous year, specifically as follows:

1. For occupational skills of level 3 or higher, to conduct the assessment 4 (four) times a year.

2. For occupational skills of levels 1 and 2, to conduct the assessment many times a year.

Article 20. Methods of national occupational skills assessment

1. For each level of an occupation, the head of an occupational skills assessment organization shall set up an examiner board to assess occupational skills of participants. The criteria and number of members, composition and tasks of the examiner board must comply with the following provisions:

a/ Members of the examiner board are persons having obtained an appraiser card under this Decree;

b/ The number of the board members depends on the requirement for each level of an occupation and the number of participants in the national occupational skills assessment but must be at least 3 (three);

c/ The examiner board shall be composed of the head and members and must include official staff members of the occupational skills assessment organization; and persons from enterprises or professional associations; and vocational education institutions, tertiary education institutions or science and technology organizations. The number of official staff members of the occupational skills assessment organization must not exceed one-third of the number of the examiner board members;

d/ The examiner board shall assess participants’ professional and technical knowledge and practice skills and observance of the occupational safety and hygiene process under the guidance of the Minister of Labor, War Invalids and Social Affairs and perform other tasks in accordance with this Decree.

2. For each level of skills of an occupation, professional and technical knowledge of participants shall be assessed through tests in one of the following forms:

a/ Test on paper or in computer with true or false questions;

b/ Test on paper or in computer with true or false and multiple-choice questions;

c/ Test on paper or in computer with multiple-choice questions;

d/ Test on paper or in computer with multiple-choice questions combined with test on paper with open-ended questions;

dd/ Test on paper with open-ended questions.

3. For each level of skills of an occupation, practice skills and observance of the occupational safety and hygiene process of participants shall be assessed through practice tests in one of the following forms:

a/ Test of job performance through manipulations on vehicles, devices and tools;

b/ Test of job performance through professional operations on paper to handle different circumstances;

c/ Test of job performance through manipulations on vehicles, devices and tools combined with test of job performance through professional operations on paper to handle different circumstances.

4. Based on criteria of national occupational skills for announced occupations, the Ministry of Labor, War Invalids and Social Affairs shall compile knowledge and practice tests prescribed in Clauses 2 and 3 of this Article by level of each occupation; manage and establish an exam question bank for supply to occupational skills assessment organizations in national occupational skills assessments.

Article 21. Process of assessment and grant of certificates of national occupational skills

The assessment and grant of certificates of national occupational skills to participants shall be conducted as follows:

1. Planning and preparing conditions for organization of national occupational skills assessment exams.

2. Assessing professional and technical knowledge; assessing practice skills and observance of the occupational safety and hygiene process of participants according to levels of skills of each occupation.

3. Supervising the assessment and grant of certificates of national occupational skills.

4. Recognizing assessment results, granting certificates of national occupational skills to successful participants.

5. The Ministry of Labor, War Invalids and Social Affairs shall stipulate in detail the process of assessment and grant of certificates of national occupational skills prescribed in this Article.

Article 22. Supervision of assessment and grant of certificates of national occupational skills

1. The agency competent to grant certificates of national occupational skills prescribed in Clause 2, Article 26 of this Decree shall decide to establish supervision teams by occupation to supervise the assessment of national occupational skills conducted at each occupational skills assessment organization.

2. A supervision team must have at least 3 (three) members, including the head, who must have an appraiser card or professional qualifications and experience in the concerned occupation and are nominated by trade unions, professional associations or enterprises.

3. A supervision team has the following tasks and powers:

a/ To supervise activities of the examiner board when assessing professional and technical knowledge; practice skills and observance of the occupational safety and hygiene process of participants according to levels of skills of that occupation;

b/ Members of the supervision team shall work independently when performing their supervision tasks and may not intervene in activities of the examiner board;

c/ When detecting a violation by a member of the examiner board, to make a record and propose a competent agency to handle according to the rules in the process of assessment and grant of certificates of national occupational skills promulgated by the Ministry of Labor, War Invalids and Social Affairs;

d/ After the national occupational skills assessment is completed, to report on supervision results to the agency competent to establish the supervision team.

Article 23. Handling of force majeure events occurring in the assessment and grant of certificates of national occupational skills

When an occupational skills assessment organization has to stop a national occupational skills assessment that has just started or participants have to stop doing the knowledge or practice test due to the occurence of a force majeure event such as typhoon, flood, fire, explosion or another incident, such organization shall:

1. Send a report to the Ministry of Labor, War Invalids and Social Affairs for decision to postpone the ongoing national occupational skills assessment to another appropriate time.

2. To notify each participant of the time for reorganizing the national occupational skills assessment.

3. To refund according to Article 25 of this Decree the amounts of money already paid for hiring tools and devices and purchasing supplies, materials and fuel to participants who do not wish to participate in the reorganized national occupational skills assessment.

Article 24. Handling of violations of participants in the assessment and grant of certificates of national occupational skills

1. The examiner board shall make a written record of and handle according to regulations any participant who, when doing the knowledge or practice test, violates the rules in the process for assessment and grant of certificates of national occupational skills promulgated by the Ministry of Labor, War Invalids and Social Affairs.

2. When doing the knowledge or practice test, any participant who intentionally damages or destroys vehicles, devices or tools for practice, measuring and inspection, or materials and supplies shall, in addition to having his/her violation recorded in writing and being handled by the examiner board according to the rules in the process of assessment and grant of certificates of national occupational skills, pay damages and be administratively or criminally handled in accordance with law.

Article 25. Refund to participants

Participants who have paid to an occupational skills assessment organization amounts of money for hiring tools and devices and purchasing supplies, materials and fuel but have not used them shall be refunded such amounts as follows:

1. In case assessment activities must be stopped due to an incident caused by the occupational skills assessment organization, participants who do not wish to participate in the reorganized national occupational skills assessment after postponement shall be refunded by the occupational skills assessment organization the paid amounts corresponding to the value of the unused quantities of hired tools and devices and purchased supplies, materials and fuel.

2. In case assessment activities must be stopped due to a force majeure event such as storm, flood, fire or explosion, participants who do not wish to participate in the reorganized national occupational skills assessment after postponement shall be refunded by the occupational skills assessment organization the paid amount equal to 50% of the value of the unused quantities of hired tools and devices and purchased supplies, materials and fuel.

Article 26. Recognition of results of assessment and grant of certificates of national occupational skills

1. On the basis of the written record and summary list of theory and practice test marks made by the examiner board and the supervision written record made by the supervision team, the occupational skills assessment organization shall decide to recognize the assessment results of the examiner board and make a dossier to request the competent agency prescribed in Clause 2 of this Article to recognize and grant certificates of national occupational skills to successful participants.

2. Competence to grant certificates of national occupational skills

The Ministry of Labor, War Invalids and Social Affairs shall grant certificates of national occupational skills to successful participants and publish on its website the list of persons having obtained certificates of national occupational skills; and shall collect, manage and use the fee for grant of certificates of national occupational skills under the guidance of the Ministry of Finance.

3. The Ministry of Labor, War Invalids and Social Affairs shall stipulate the form of the certificate of national occupational skills and the dossier, order and procedures for grant of certificates of national occupational skills to successful participants.

Article 27. Archives regime

1. Documents on occupational skills assessment results of participants; written records, lists of successful participants proposed for recognition; and lists of participants having obtained certificates of national occupational skills shall be kept at occupational skills assessment organizations according to regulations.

2. Documents related to the assessment and grant of certificates of national occupational skills to successful participants shall be preserved, kept and destroyed in accordance with the law on archives.

Chapter III

JOBS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF EMPLOYEES OR THE COMMUNITY FOR WHICH A CERTIFICATE OF NATIONAL OCCUPATIONAL SKILLS IS REQUIRED

Article 28. List of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required

1. Jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required include:

a/ Those on the lists of particularly hard, hazardous and dangerous jobs;

b/ Jobs, when performed, will directly affect the safety of the community or health of other persons!

2. The proposal, change, removal and addition of jobs to the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required shall be made according to the following principles:

a/ To select jobs prescribed in Clause 1 of this Article for inclusion in the list according to a roadmap in order to ensure feasible implementation, and limitation of impacts on employees and employers and disruption of activities of enterprises and the society;

b/ To propose change or removal of listed jobs when those jobs change their names or no longer exist.

3. The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required shall be arranged according to the current system of economic industries of Vietnam.

4. The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required are specified in the Appendix to this Decree (not translated).

Article 29. Proposal of change, removal and addition of jobs on the list of jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required

1. Annually, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall, within the ambit of their functions and powers, direct agencies and organizations under their management in considering and proposing the change, removal and addition of jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required, and send them to the Ministry of Labor, War Invalids and Social Affairs for summarization.

2. The Ministry of Labor, War Invalids and Social Affairs shall summarize and coordinate with ministries, sectors, socio-political organizations, socio-politico-professional organizations and professional general associations, associations and societies in considering proposals of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to change, remove and add jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required, and submit them to the Government.

Article 30. Time of application

The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required prescribed in Article 28 of this Decree shall be made as follows:

1. Within 1 (one) year after the effective date of this Decree, the agencies prescribed in Clauses 2 and 3, Article 32 of the Law on Employment shall organize the establishment, appraisal and announcement of national occupational skills standards for occupations involving jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree.

2. Within 3 (three) years after the effective date of this Decree:

a/ The Ministry of Labor, War Invalids and Social Affairs shall organize the assessment and grant of certificates of national occupational skills for employees doing jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree;

b/ Employers hiring or employing employees under contracts to perform jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree shall create conditions for employees to participate in the assessment and grant of certificates of national occupational skills; or create conditions for them to attend training courses to improve professional and technical knowledge, practice skills and observance of the occupational safety and hygiene process for participation in the assessment and grant of certificates of national occupational skills; or create conditions for them to attend training courses to find new jobs.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 31. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

The Ministry of Labor, War Invalids and Social Affairs shall assist the Government in performing the uniform state management of assessment and grant of certificates of national occupational skills nationwide, having the responsibilities:

1. To assume the prime responsibility for, and coordinate with related agencies in, elaborating and promulgating according to its competence or proposing competent agencies to promulgate legal documents on state management of activities of assessment and grant of certificates of national occupational skills.

2. To elaborate, promulgate, and organize the implementation of, master plans and plans on development of the assessment and grant of certificates of national occupational skills.

3. To manage and organize scientific research and technology application in activities of assessment and grant of certificates of national occupational skills; to establish and promulgate standards and technical regulations, professional process guidelines and a regulation on operation of occupational skills assessment organizations; to implement information, reporting and statistical regulations and promulgate uniform forms for use in the assessment and grant of certificates of national occupational skills.

4. To review, add and update promulgated national occupational skills standards to adjust knowledge and practice tests for occupations in conformity with national occupational skills standards.

5. To assume the prime responsibility for, and coordinate with related agencies in, effectively associating training, development and assessment and recognition of certificates of national occupational skills with the labor market and participation of enterprises to meet the demand of each sector, locality and the country for skilled human resources.

6. To build, manage, make statistics of and update a national database on assessment and grant of certificates of national occupational skills.

7. To direct, organize and inspect activities of assessment and grant of certificates of national occupational skills.

8. To manage international cooperation in the assessment and grant of certificates of national occupational skills; to negotiate and sign bilateral and multilateral agreements on recognition of equivalence of occupational skills between Vietnam and other countries according to its competence.

9. To inspect, examine and settle complaints and denunciations and handle violations of law in activities of assessment and grant of certificates of national occupational skills according to its competence.

10. To perform other tasks as prescribed in this Decree.

Article 32. Responsibilities of ministries, ministerial-level agencies and government- attached agencies

Within the ambit of their powers, ministries, ministerial-level agencies and government- attached agencies shall:

1. Make and propose a list of jobs directly affecting the safety and health of employees or the community for which a license or professional practice certificate is required as prescribed by current laws and organize occupational skills assessments for those jobs.

2. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in performing the state management of assessment and grant of certificates of national occupational skills.

3. Organize the elaboration of national occupational skills standards for occupations involving jobs on the list of jobs directly affecting the safety and health of employees and the community according to Articles 28 and 29 of this Decree and propose the Ministry of Labor, War Invalids and Social Affairs to appraise and announce such list according to Article 32 of the Law on Employment.

4. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in preparing knowledge and practice tests for each level of skills of each occupation and the list of physical foundations and equipment for national occupational skills assessment for each occupation to be used in the assessment and grant of certificates of national occupational skills in accordance with this Decree.

5. Perform other tasks as prescribed in this Decree.

Article 33. Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees shall perform the state management of assessment and grant of certificates of national occupational skills within the ambit of their powers, having the responsibilities:

1. To coordinate with the Ministry of Labor, War Invalids and Social Affairs in organizing the assessment and grant of certificates of national occupational skills for employees in their localities.

2. To direct, examine and inspect the assessment and grant of certificates of national occupational skills in their localities in accordance with law.

3. To perform other tasks as prescribed in this Decree.

Article 34. Responsibilities for coordination in state management of assessment and grant of certificates of national occupational skills

The Ministry of Labor, War Invalids and Social Affairs shall coordinate with socio-political organizations, socio-politico-professional organizations and professional associations and societies in organizing the examination and supervision of the assessment and grant of certificates of national occupational skills and encouraging employees to regularly study to improve their occupational qualifications and skills.

Article 35. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments

Provincial-level Labor, War Invalids and Social Affairs Departments shall assist provincial- level People’s Committees in performing the state management of assessment and grant of certificates of national occupational skills in their localities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 36. Transitional provisions

1. Within 2 (two) years after the effective date of this Decree, occupational skills assessment organizations having obtained a certificate of a center for assessment and grant of certificates of national occupational skills before the effective date of this Decree shall carry out procedures for re-grant of certificates in accordance with this Decree.

2. Certificates of national occupational skills granted to employees participating in the assessment and grant of certificates of national occupational skills before the effective date of this Decree remain valid.

3. Persons who have obtained a certificate of national occupational skills before the effective date of this Decree may apply for change to a certificate of national occupational skills prescribed in this Decree according to the guidance of the Ministry of Labor, War Invalids and Social Affairs.

Article 37. Effect

This Decree takes effect on May 15, 2015.

Article 38. Implementation responsibilities

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of points, clauses and articles as assigned in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of agencies and organizations and related persons shall implement this Decree.-

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