Published: 2013-09-01
Key Benefits:
Passed 22.05.2008
RT I 2008, 24, 156
Entry into force 01.09.2008
| 28.01.2008 | RT I 2009, 11, 67 | 01.05.2009 |
| 22.04.2010 | RT I 2010, 22, 108 | 01.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision No 10889/10 ECOFIN 360 UEM 209/10 2010 of 13 July 2010 (OJ L 197, 28.07.2010, p. 24 - 26). |
| 25.11.2010 | RT I, 10.12.2010, 2 | 20.12.2010 |
| 17.02.2011 | RT I, 21.03.2011, 1 | 01.01.2012 |
| 12.06.2013 | RT I, 02.07.2013, 1 | 01.09.2013, partially 01.01.2014 |
(1) This Act provides the bases for the creation, functioning and supervision of the professional qualifications system.
(2) This Act does not apply to professions in the case of which the bases for the development of professional requirements and awarding of professional qualification are regulated by other Acts.
(3) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(1) The purpose of this Act is to create an integral system for awarding professional qualifications (hereinafter professional qualifications system) and ensure its functioning in order to increase the competitiveness of Estonian employees and promote the development, assessment, recognition and comparison of their professional competence.
(2) The professional qualifications system is part of the qualifications system for recognition of learning outcomes. The professional qualifications system connects the educational system with the labour market.
For the purposes of this Act, the terms shall be used in the following meaning:
1) competency – the set of knowledge, skills, experience and attitudes necessary to engage successfully in professional activities;
2) profession – the official result of an assessment, received when the body that awards vocations decides that the person has the required competency in the profession on the level determined in the relevant professional qualification standard;
3) professional area – an area of activity which requires similar competency;
4) domain of professional activity – an area of activity which includes several close professional areas;
5) qualification – competency recognised as an official result of assessment, which is accompanied by responsibility and autonomy.
(1) Partial profession is a part of profession having an independent output on the labour market and which has been established in the relevant professional standard.
(2) The awarding of partial profession shall be organised by the body that awards professions specified in § 10 of this Act, who shall proceed from this Act and the conditions and procedure for awarding professions established on the basis thereof upon awarding a partial profession.
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(1) A professional level is the scope of knowledge, skills, responsibility and autonomy required in a profession.
(2) Professional levels are comparable to levels of education, and the professional system and education system belong to a joint qualification framework which is internationally comparable.
(3) The qualification framework classifies professional and educational levels on the basis of criteria imposed on the acquired knowledge, skills, responsibility and autonomy.
(4) The qualification framework is divided into eight levels where level 1 is the lowest and level 8 is the highest. Descriptions of the levels are provided in Annex 1 to this Act «Qualification framework».
(5) The lowest professional level (initial professional level) has been established for each profession. Awarding a profession on this level is referred to as awarding a first-level profession.
(6) The body of chairmen of professional councils shall determine the placement of first-level vocations in the qualification framework, as well as the need to award higher professional levels.
(1) A professional standard is a document which describes professional activities and provides the competency requirements for professions and professional levels.
(2) Professional standards shall be approved by professional councils.
(3) The procedure for the preparation, amendment and recording of professional standards shall be established by a regulation of the Minister of Education and Research.
(1) The Ministry of Education and Research is the institution that organises the development of an integral and structured professional system (hereinafter professional institution).
(2) The Minister of Education and Research may enter into a contract under public law with a private legal person for the performance of the function of a professional institution pursuant to the procedure provided in the Administrative Co-operation Act.
(1) Based on the objective of the activities of a professional institution, its functions are:
1) to develop and implement the professional qualifications system;
2) to organise and coordinate the activities of professional councils and the cooperation between professional councils;
3) to develop and approve document forms and samples related to the professional qualifications system;
4) to organise supervision over the vocation awarding activities of bodies that award professions;
5) to develop and approve the procedure for archival processing of documents related to awarding professions;
6) to maintain, upon request of the chief processor, the register of professions in the capacity of an authorised processor;
7) to organise consultation and training related to the professional qualifications system;
8) to introduce the Estonian professional qualifications system on the national and international level by creating conditions for the mutual comparison of professions;
9) to organise the development and updating of professional standards on the basis of decisions made by professional councils;
10) to develop and approve the common methodology for preparing professional standards and awarding professions;
11) to develop annexes to professional certificates;
12) to organise the technical aspect of issuing professional certificates;
13) to organise the work of Europass Centre;
14) to perform other functions provided in this act and a contract under public law.
(2) A body of chairmen of professional councils that coordinates cooperation between professional councils operates at the professional institution, with functions and rules of procedure that shall be determined by the professional institution.
(1) A professional council is an administrative body operating at the professional institution, which consists, on an equal basis, of the representatives of employees, employers and professional associations of the same area of professional activity and the representatives of the state.
(2) Professional councils are formed and their activities are terminated by an order of the Government of the Republic.
(3) The institutional membership of professional councils shall be approved by an order of the Government of the Republic.
(4) The personal membership of professional councils shall be approved by a directive of the Minister of Education and Research.
(5) Upon making a proposal to the Government of the Republic and approving the personal membership, the Minister of Education and Research relies on the proposals made by active and registered employees, employers, professional associations, legal persons and state or government authorities (hereinafter institutions) that are immediately connected to the corresponding area of professional activity.
(6) The list of areas of professional activity, the names of professional councils, the procedure for the formation and termination thereof, the organisation of activities, and the procedure for appointment of representatives of institutions shall be determined by a regulation of the Government of the Republic.
(7) The chairman and vice-chairman of a professional council may be paid a remuneration for performing their official duties, the amount and payment procedure of which shall be determined by a directive of the Minister of Education and Research.
(1) The objective of the activities of a professional council is to develop and implement the professional system in its area of professional activity.
(2) The functions of a professional council are:
1) to make proposals for developing and updating professional standards;
2) to approve professional standards;
3) to give a body the right to award professions and to participate in supervision exercised over the professions awarding activities of a body that awards profession;
4) to approve the procedure for awarding professions;
5) to approve the amount of the fee for awarding professions and recertifying professions;
6) to resolve disputes related to awarding professions;
7) to perform other functions provided in law.
(3) In order to perform the functions listed in subsection (2) of this section, a professional council may engage the employees of the professional institution, involve experts or set up working groups.
(1) A legal person or their agency or a state or government authority that has been declared a winner by a decision of a professional council in a public competition (hereinafter competition) organised by the professional institution and that has the corresponding registration in the register of professions may act as a body that awards professions (hereinafter awarder of profession). Upon registration, the names and levels of professions which the awarder of profession shall be entitled to award will be determined on the basis of the professional standards.
(2) A professional council shall give an educational institution the rights of an awarder of professions and shall register the institution in the professional register without the competition specified in subsection (1) of this section on the basis of an application by the educational institution, if the curriculum of the institution complies with the professional standard and is nationally recognised. For the purposes of this Act, a curriculum shall be deemed to be in compliance with a professional standard if the learning outcomes of the curriculum include the competency requirements provided for in the professional standard. For the purposes of this Act, nationally recognised curricula shall be all the curricula of the level of higher education and the curricula of vocational training belonging to a curricula group having passed accreditation and in which the right to conduct vocational training has been renewed for six years.
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(21) The list of documents to be appended to the application for grant of the rights of an awarder of professions specified in subsection (2) of this section shall be established by a regulation of the Minister of Education and Research established under subsection 11 (2) of this Act.
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(3) The right to award professions shall be given for up to five years. The right to award professions specified in subsection (2) of this section shall be given without a term for the curricula of the level of higher education. The right to award professions concerning the curricula of professional training shall be given until the expiry of the right to conduct vocational training renewed for up to six years. If the right to conduct vocational training shall be renewed for another six years, the right to award professions shall be renewed automatically.
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(4) If the competition specified in subsection (1) of this section fails twice, the awarder of profession shall be appointed by a directive of the Minister of Education and Research.
(5) Upon awarding a profession, the awarder of profession shall proceed from this Act, professional standards and the procedure for awarding profession approved by a professional council.
(1) A participant in the competition must meet the following conditions:
1) the activities of an awarder of profession include the development of relevant professional activities;
2) the awarder of profession must have the means and possibilities necessary to organise the awarding of professions;
3) the awarder of profession is required to have hired a sufficient number of employees with the necessary education, training and experience for awarding of professions, and has to have set up a professional qualifications committee;
4) the awarder of profession must be able to act independently, professionally, impartially and without discriminating anyone.
(2) The procedure for the organisation of the competition and the list of documents certifying compliance with the conditions specified in subsection (1) of this section shall be established by a regulation of the Minister of Education and Research.
(3) The professional institution shall register the awarder of profession declared the winner of the competition in the register of professions.
(4) The professional institution shall not satisfy an application for participation in the competition if:
1) the participant in the competition does not meet the requirements provided in legislation;
2) the participant in the competition has not submitted the required documents;
3) the participant in the competition has submitted incorrect or incomplete data;
4) the participant in the competition has state tax arrears for which no payment schedule has been arranged.
(5) A person who finds that their rights have been violated or freedoms limited has the right to contest the organisation of competition in an administrative court according to the conditions and procedure provided in the Code of Administrative Court Procedure or by submitting a challenge through the professional institution to the Minister of Education and Research pursuant to the procedure provided by the Administrative Procedure Act.
(1) The awarder of profession shall:
1) develop in cooperation with the professional qualifications committee the draft procedure for awarding profession and submit it to the professional council upon applying for the right to award profession;
2) organise the preparation of instructions for assessment of professional competence, examination materials and other documents necessary for awarding profession;
3) calculate and submit to the professional council for approval the amount of the fee for awarding profession and recertifying a profession after co-ordinating the amount of the fee with the professional qualifications committee;
4) organise the declaration of awarding a profession;
5) organise the disclosure of information related to the awarding a profession;
6) accept the application and documents of the person applying for a profession (hereinafter documents) and, based on the preconditions for applying for a professional certificate specified in the procedure for awarding of profession, assess the suitability of the applicant for the requested professional level and submit the required documents to the professional qualifications committee for decision;
7) issue a professional certificate or a duplicate of a professional certificate;
8) ensure protection of information not subject to disclosure received during the awarding of profession;
9) assume responsibility for compliance with the procedures for the organisation of profession awarding;
10) submit to the professional council at least once a year a report on the organisation of professional awarding and a report on the use of financial means related to the awarding of profession;
11) submit the data to be entered in the register of professions to the professional institution.
(2) The awarder of profession shall appoint a responsible person for the performance of the functions listed in subsection (1) of this section.
A professional council may repeal the right to award profession given to a awarder of profession selected in a competition if:
1) the person does not meet the conditions set for the awarder of profession in subsection 11 (1) of this Act;
2) the person has submitted the corresponding application in writing;
3) the person does not allow supervision over its activities upon awarding professions;
4) the person has not complied with the precept of a professional council by the prescribed deadline and pursuant to the prescribed procedure;
5) the person has to a substantial extent or repeatedly violated the requirements imposed on it in its activities or has failed to perform the functions imposed on it;
6) the person has submitted incorrect data for participation in the competition;
7) the activities of the person are terminated or its bankruptcy is declared;
8) the person has not organised the awarding of profession within one year as of registration;
9) the activity of the awarder of profession has been suspended for at least six consecutive months.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]
(2) A professional council may repeal the right to award profession given to a awarder of profession selected without a competition if:
1) the awarder of professions does not meet the conditions provided for in subsection 10 (2) of this Act;
2) at least one of the circumstances specified in clauses (1) 2)–5) and 7)–9) of this section exists.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]
(1) The register of professions is a state database used to collect, preserve and systemise information on professional councils, professions, professional standards, awarders of profession and valid professional certificates.
(2) The procedure for maintenance of the register of professions shall be provided in the statutes of the register of professions, which shall be approved by a regulation of the Government of the Republic.
(3) The chief processor of the register of professions is the Ministry of Education and Research.
(4) The register of vocations shall be maintained pursuant to this Act, the Public Information Act, the Personal Data Protection Act and the statutes of the register of professions.
(1) Awarding professions is the assessment of conformity of the professional competence of a person applying for a profession (hereinafter applicant) with the requirements specified in the professional standard, as a result of which a professional certificate shall be issued to the applicant.
(2) Holding a professional certificate is not a precondition of working unless legislation has provided the requirement for a professional certificate in order to work in a certain post.
(3) The methods and forms of assessment of professional competence shall be determined in the procedure for awarding professions.
(4) Discrimination is forbidden in awarding professions and the applicant shall not be required or precluded from being a member of any association, nor shall they be required to complete their training in a specific educational institution.
(5) The initial professional level is deemed to be awarded upon the completion of studies, by making a notation on the academic report issued to the person if:
1) the person has completed his or her studies of a regulated profession specified in the directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 255, 30.9.2005, pp 22–142), and
2) the curriculum complies with the professional standard and is nationally recognised.
(6) A profession is deemed to be awarded to a person by a notation made on the academic report or results report issued to the person upon the completion of studies by an educational institution with the right to award professions and by a notation made on the leaving certificate upon the completion of vocational training.
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(1) The procedure for awarding profession regulates the organisation of awarding profession, it shall be developed by a body applying for the right to award profession in cooperation with the professional qualifications committee, and shall be approved by a professional council.
(2) The procedure for awarding professions shall contain at least the following data:
1) name of the awarder of profession;
2) membership of the professional qualifications committee and requirements for members of the professional qualifications committee;
3) list of the names and levels of professions to be awarded, and references to the relevant professional standards;
4) preconditions for applying for a profession;
5) documents to be submitted by the person applying for a profession;
6) minimum frequency of awarding professions;
7) established methods of informing the public of the deadlines and conditions related to the awarding of professions;
8) methods and forms of assessment of the professional competence of the person applying for a profession;
9) procedure for organising and deciding on awarding professions;
10) period of validity of a professional certificate;
11) conditions and procedure for recertifying the profession;
12) requirements for the members of the assessment committee.
(3) Changes to the procedure for awarding professions shall be submitted to the professional council for approval no later than ten working days before a meeting of the professional council and shall be entered into force upon the declaration of awarding a profession following the meeting.
(1) The following expenses shall be considered expenses related to awarding professions and issuing professional certificates:
1) expenses related to the preparation of awarding professions;
2) expenses related to the work of the professional qualifications committee and the assessment committee;
3) expenses related to the organisation of awarding professions;
4) expenses related to the technical issue of professional certificates and duplicates thereof.
(2) Expenses related to awarding professions shall be covered:
1) by the person applying for a profession, or
2) from the resources allocated for the vocational training of an employee, or
3) to the graduates who studied in student places formed on the basis of state-commissioned education of formal vocational education at a vocational educational institution or institution of professional higher education once for a professional examination passed within the time of study or within a year after graduation from the resources allocated to the school for the corresponding expenses, or
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4) by the Estonian Unemployment Insurance Fund from the resources allocated for labour market training to the unemployed and job seekers, or
[RT I 2009, 11, 67 - entry into force 01.05.2009]
5) from allocations of the state budget.
(3) If the text of a professional certificate is illegible or contains mistakes or a professional certificate has been destroyed, lost, damaged or stolen at the fault of the issuer of the certificate or an authorised processor of the register of professions, the expenses for the issue of a duplicate shall be covered by the issuer.
(4) The awarder of profession shall submit a calculation of the expenses related to the issue of a professional certificate for approval to a professional council.
(5) The issuer of a professional certificate shall submit a yearly report to a professional council concerning the use of monetary funds received from the persons specified in subsection (2) of this section.
(1) To ensure impartiality in awarding professions, the awarder of profession shall set up a professional qualifications committee that shall consist of the parties interested in awarding profession in the given field: specialists, employers, employees, training providers, representatives of professional associations and, if necessary, representatives of clients and consumers, as well as other interested parties.
(2) The professional qualifications committee shall:
1) prepare the procedure for awarding profession in cooperation with the applicant for the right to award professions;
2) approve, if necessary, the requirements for the place of assessment of professional competence;
3) examine the documents of the person applying for a profession and decide on the form and manner for assessment of the professional competence of the person applying for a profession;
4) appoint, if necessary, assessment committee(s) to assess the conformity of the person applying for a profession with the requirements of the professional standard;
5) approve the instructions for the organisation of an assessment and the examination materials;
6) decide on awarding or refusing to award profession to the person applying for the profession;
7) resolve the complaints submitted regarding the activities of the assessment committee;
71) give an assessment on the compliance of a curriculum of an educational institution with a professional standard upon the request of a professional council;
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8) perform other functions provided by law.
(3) A member of the professional qualifications committee may not participate in deciding whether to award a profession to the person applying for the profession if the member:
1) has participated in the work of the assessment committee, or
2) is directly related to providing preparatory training for the person applying for a profession, or
3) is the employer of the person applying for a profession or is otherwise personally interested in awarding the profession, or if other circumstances give reason to doubt his or her impartiality.
(1) The assessment committee is a committee set up by the professional qualifications committee to assess the competence of the applicant for a professional certificate.
(2) In order to assess the professional competence of the person applying for a profession, the professional qualifications committee may set up one or several assessment committees.
(3) The assessment committee shall be comprised of at least three members. If the assessment takes place in the form of an examination that uses an automatic testing system which does not require the involvement of a person in the assessment of the examination and only records the results, the assessment committee may have one member.
(4) Members of the assessment committee shall be independent and have the necessary professional knowledge and experience.
(5) No more than one third of the members of the assessment committee may be directly related to organising the preparatory training for the particular assessment or examination and no more than one third of the members may work at the same institution as the employer of the person applying for a professional certificate, except in the case of the automatic testing system described in subsection (3) of this section.
(6) The assessment committee shall:
1) assess and accept the professional examination;
2) prepare a report on the organisation and results of the assessment and submit it to the professional qualifications committee.
(1) The activities related to the awarding of professions shall be documented pursuant to the document forms prepared by the professional institution and to the extent determined by the professional institution, and the documents shall be preserved for the time period specified in the archival processing procedure approved by the professional institution, unless other time limits have been provided by legislation.
(2) The documents related to the awarding of professions are documents created or received in the course of performance of public functions which are subject to the requirements established in the Archives Act and on the basis thereof.
[RT I, 21.03.2011, 1 - entry into force 01.01.2012]
(1) The professional certificate is a document which certifies the compliance of a person’s professional competence with the requirements established in the professional standard or in case of partial profession with the requirements of one or several parts of a professional standard. Liability for correctness of the professional certificate lies with the awarder of profession that issued the professional certificate.
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(2) The person holding a profession may use the name of the profession or its abbreviation as specified in the professional certificate during the validity period of the professional certificate, and present themselves as competent in the profession according to the awarded professional level.
(3) The statute and form of the professional certificate shall be established by a regulation of the Minister of Education and Research.
(4) A professional certificate shall be entered in the register of professions pursuant to the procedure established in the statute of the register of professions. The professional certificate is valid only if a relevant entry exists in the register of professions.
(5) A duplicate of the professional certificate shall be issued by the awarder of profession that issued the professional certificate or, upon absence thereof, by the professional institution specified in subsection 6 (1) of this Act.
(1) The professional qualifications committee and the professional council have the right to repeal an issued professional certificate if:
1) the professional certificate is acquired by way of fraud;
2) the professional certificate is issued on the basis of a falsified document or a document containing false data;
3) the activities of the person holding the profession do not comply with the provisions of the professional standard.
(2) If an issued professional certificate is repealed, it is deleted from the register of professions and the body that has repealed the professional certificate shall inform the relevant person of the decision by registered mail and shall publish a relevant announcement in the official publication Ametlikud Teadaanded.
(3) Upon the revocation of professional certificate, the relevant person is required to surrender the professional certificate to the awarder of profession or to the professional council.
(4) A decision to repeal a professional certificate may be disputed in the administrative court according to the conditions and procedure established in the Code of Administrative Court Procedure, or by submitting a challenge to the relevant professional council through the professional institution pursuant to the procedure established in the Administrative Procedure Act.
The Ministry of Education and Research (hereinafter supervisory body) shall exercise state supervision over the activities of professional institutions and professional councils upon compliance with the requirements provided for in this Act and legislation established on the basis thereof.
(1) The objective of state supervision is to verify the legality of the functioning and development of the professional system.
(2) The supervisory body has the right to:
1) perform on-site inspections regarding compliance with the requirements arising from the legislation;
2) receive the information required for exercising supervision;
3) examine original documents and receive extracts and copies thereof;
4) make proposals to the institution being supervised for development of the professional system;
5) issue precepts and decisions.
(3) Decisions and precepts of the supervisory body may be disputed in the administrative court according to the conditions and procedure established in the Code of Administrative Court Procedure, or by submitting a challenge to the Minister of Education and Research pursuant to the procedure provided in the Administrative Procedure Act.
(1) In the event that an offence is detected, the supervisory body may issue a precept to the professional institution or professional council requiring them to terminate the offence.
(2) Upon failure to comply with a precept specified in subsection (1) of this section, the supervisory body may implement penalty payment pursuant to the procedure provided in the Substitutive Enforcement and Penalty Payment Act. The maximum amount of a penalty payment shall be 320 euros.
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(3) Upon failure to comply with a precept specified in subsection (1) of this section, the supervisory body may make a proposal to the Government of the Republic for the termination of activities of the professional council.
(1) Memberships of professional councils, professional qualifications committees and assessment committees shall be brought into conformity with the requirements of this Act within one year as of entry into force thereof.
(2) Upon entry into force of this Act, awarders of profession that have an activity license with an unspecified term shall be entered in the register of professions with a term of up to 1 January 2014.
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(3) The professional standards established on the basis of the professional system applicable before entry into force of this Act (on the basis of annex 2 to this Act «Descriptions of qualification levels on the basis of the Professions Act of 2001») shall be valid until the expiry of the validity period of the professional standard or until the professional standard is brought into conformity with annex 1 «Qualification framework» established on the basis of section 4 of this Act. The professional council shall have the right to extend the validity period of the professional standard established on the basis of the professional system applicable before entry into force of this Act until 1 January 2014 if the validity period of the professional standard expires before the professional standard is brought into conformity with annex 1 «Qualification framework» established on the basis of section 4 of this Act.
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(4) Professional certificates issued before entry into force of the Act (annex 2 to this Act «Descriptions of qualification levels on the basis of the Professions Act of 2001») shall be valid until the expiry of the validity period of the professional certificate or until the professional certificate is brought into conformity with annex 1 «Qualification framework» established on the basis of section 4 of this Act.
(5) The data contained in the register of professions maintained on the basis of the Professions Act before entry into force of this Act shall be transferred within six months to the register of professions maintained on the basis of section 14 of this Act.
§ 27. – § 31. [Omitted from this text.]
(1) This Act shall enter into force on 1 September 2008.
(2) Subsections 10 (2) and 15 (6) of this Act shall enter into force on 1 January 2011.
