Chương III Thông tư 56/2015/TT-BLĐTBXH: Tổ chức việc thẩm định và công bố tiêu chuẩn kỹ năng nghề quốc gia

Chapter III

ORGANIZING THE APPRAISAL AND PUBLISHMENT OF THE NATIONAL OCCUPATION SKILL STANDARDS

Article 13. Receiving the dossiers of request for appraisal of draft standard

1. After receiving the dossiers of request for appraisal made by the organization assisting the development of occupational skills standard as prescribed in Article 12 hereof, the presiding authority shall make written requests and send one (01) set of such dossiers by post or directly to the Ministry of Labor, War Invalids and Social Affairs.

2. Within 03 (three) working days from the date of receipt of the written request for appraisal according to the provisions in Clause 1 this Article, the Ministry of Labor, War Invalids and Social Affairs shall perform the following tasks:

a) Publish the draft national occupational skills standard enclosed in the dossier of request for appraisal on the website of the Ministry within 30 working days for collecting suggestions of individuals and agencies, organizations and enterprises nationwide;

b) Send documents to the related ministries, ministerial agencies, Governmental agencies, the Vietnam General Confederation of Labor or the Vietnam Farmers' Union, the Vietnam Chamber of Commerce and Industry or the Vietnam Cooperative Alliance, local professional associations for written suggestions on the draft national occupational skills standard included in the received dossiers of request for appraisal.

Article 14. Establishment of appraisal council

1. Within 15 working days from the receipt of documents and dossiers of request for appraisal sent by the presiding authority as prescribed in Clause 1 Article 13 hereof, the Ministry of Labor, War Invalids and Social Affairs establishes the appraisal council to assist the Minister in the appraisal of the received dossiers of request.

2. The number of members, components and structure of the appraisal council are as follows:

a) The number of members of the council is an odd number and there shall be 07 (seven) to 11 members;

b) Participants include the representative of the Ministry of Labor, Invalids and Social Affairs; representative of relevant agencies, organization and enterprises employing workers in the profession includes: trade union of sector or trade union; occupational associations; a number of enterprises. In which representatives of the enterprise must account for at least 1/3 members of the council. Representatives of agencies, organizations and enterprises must be professional specialists who are not part of the organization assisting the development of occupational skills standard or cooperating in the construction of the national occupational skills standard of such profession and are recommended by the agencies, organizations and enterprises to the Ministry of Labor, War Invalids and Social Affairs for selection;

c) The structure of the council are composed of the president; secretary and other members. The council’s secretary is the representative of the Ministry of Labor, War Invalids and Social Affairs, the president of the council is a person who has prestige, experiences and capacity to develop the national occupational skills standard elected by the council among its members.

3. Working principles of the appraisal council:

a) The appraisal council works under the chairmanship of the president; at least 2/3 (two thirds) of the Council members must attend the meetings; representatives of the presiding authority and the organization assisting the development of the occupational skills standard are invited.

b) The meetings of the Council must be recorded in a minutes by the secretary of the council, the minutes of the council meeting must be signed by the president and the secretary of the council.

c) The council operates on the democratic principle. Each member of the Council must prepare written comments and assessments on the contents of the documents included in the received dossiers of request for appraisal and give opinions at the meetings of the council for discussion, analyzing and evaluation of the attended members; invited representatives of the presiding authority and the organization assisting the development of the occupational skills standard shall explain suggestions given by members of the council upon request; president of the council shall sum up and decide based on the majority.

d) The Council conducts the quality assessment of the draft national occupational skills standard included in the received dossier of request for appraisal through ballot form voted by members of the Council. Assessment forms of the draft national occupational skills standard's quality are in accordance with forms prescribed in Appendix 06 enclosed herewith.

Article 15. Content and time limit of the appraisal

1. The appraisal focuses on the following contents:

a) Appraise the compliance with regulations prescribed in Article 7, 8, 9, 10, 11 hereof in the process of the development of national occupational skills standard;

b) Appraise the content and suitability of the draft national occupational skills standard included in the dossier of request for appraisal received against the format specified in Article 6 hereof;

c) Appraise the quality of the draft national occupational skills standard included in the received dossier of request for appraisal in accordance with criteria in the assessment forms prescribed in Appendix 06 enclosed herewith.

2. Time limit of the appraisal:

Within 05 (five) working days after the deadline for the publication of the draft national occupational skills standard on the website of the Ministry of Labor, War Invalids and Social Affairs as prescribed in Point a Clause 2, Article 13 of this Circular, the appraisal council shall conduct the appraisal according to the contents prescribed in Clause 1 of this Article.

Article 16. Order of appraising

1. At least 03 (three) working days from the date on which the appraisal council is established, the secretary of the council must send the draft of the national occupational skills standard included in the received dossier of request for appraisal to the members of the appraisal council for study and preparation of comments of individuals.

2. At least 03 (three) working days before the council conducts the appraisal according to the contents specified in Clause 1, Article 15 hereof, The Ministry of Labor, War Invalids and Social Affairs shall send a summary of suggestions on the draft national occupational skills standard sent to agencies and organizations according to the provisions of Point b Clause 2 Article 13 and posted on the website of the Ministry as stipulated in Point a Clause 2 Article 13 hereof to the appraisal council and the organization assisting the development of occupational skills standard for study and consideration.

3. The appraisal council conducts the appraisal on the principle prescribed in Clause 3 Article 14 and concentrate on a number of contents prescribed in Clause 1 Article 15 hereof.

4. Immediately upon the completion of the appraisal, the president of the council must report in writing the appraisal result on the official opinions of the appraisal council on the draft national occupational skills standard included in the dossier of request for appraisal accompanied by the minutes of the meetings of the council, written comments and assessments of each member of the council to the Ministry of Labor, War Invalids and Social Affairs; at the same time send it to the organization assisting the development of the occupational skills standard for studying and considering the official written opinions of the council on the draft national occupational skills standard included in the dossiers of request for appraisal and the written comments, assessments of each member of the council.

5. Within 5 (five) working days from the date of receipt of the documents sent by the president of the council in accordance with Clause 4 of this Article, the organization assisting the development of the occupational skills standard shall make a report on the consideration and acceptance of the opinions received, complete the draft national occupational skills standard and send it to the appraisal council. After consideration, if there are opinions that are not accepted or needed to be explained, the organization assisting the development of the occupational skills standard shall directly work with the appraisal council in order to reach agreement upon such issues before finalizing the draft national occupational skills standard and sending it to the appraisal council.

6. Immediately upon the receipt of the draft national occupational skills standard finalized by the organization assisting the development of the occupational skills standard as prescribed in Clause 5 this Article, the appraisal council shall hold a meeting to review such draft national occupational skills standard before sending it to the Ministry of Labor, Invalids and Social Affairs.

Article 17. Promulgation of the national occupation skill standards

Within 05 (five) years from the receipt of the national occupational skills standard sent by the president of the council as prescribed in Clause 6 Article 16 hereof, the Ministry of Labor, Invalids and Social Affairs shall publish in writing and post such national occupational skill standards on its website and at the same time send it to the presiding authority for monitoring and cooperating in the management of updating, amendments of the contents of the national occupational skill standards to adapt to any changes in the practice of production and business activities.