53/2009 Sb.
LAW
of 25 June 2002. January 2012,
amending Act No. 179/2006 Coll., on validation and recognition of the results of the
further education and on amendments to certain laws (law on the recognition of
the results of continuing education), as amended, and other
related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the recognition of the results of the further education
Article. (I)
Act No. 179/2006 Coll., on validation and recognition of the results of the next
education and on amendments to certain acts (the Act on the recognition of the results
continuing education), as amended by law No 110/2007 Coll., Act No.
362/2007 Coll., Act No. 223/2009 Coll. and Act No. 227/2009 Coll., is amended
as follows:
1. In article 1 (1). 1 (b). (c)), and (d)), section 2 (b). (d)), f), (g)), h) and k), § 3, section 4
paragraph. 2 (a). (b)) § 5 para. 2 and 4, § 6 (1). 2 (a). (c)), § 6 (1). 3
(a). a), b), (d)), e) and (h)), the title of section 7 and 8, section 10 (1). 1 (b). d), (e)),
(f)) and i), section 10 (1). 3, § 11 (1) 1 (b). a), b) and (g)), section 11 (1) 3, §
12 paragraph 1. 2, § 13 para. 1, § 15 (b). (e)), § 16 para. 4, § 17 para. 3 and
4, § 18 para. 1, 2, and 3, § 19 para. 1, § 19 para. 2 (a). (e)), § 19 para.
5, and in section 23 (a). e) and (f)), the word "extract" shall be replaced by "professional".
2. In paragraph 2 (a). c) after the word "full" shall be inserted the word "professional".
3. In paragraph 2 (a). (e)) and in paragraph 23 (a). (b)), after the word "full" shall be inserted after
the words "professional qualifications".
4. In paragraph 2 (a). (e)), section 4, paragraph 4. 2 (a). a) and b), § 5 para. 1, § 6 (1). 2
(a). (c)), § 6 (1). 3 of the introductory part of the provisions of article 6, §. 3 (b). e), §
18 paragraph 1. 4 and in section 23 (a). (b)), the word "partial" replaced by the word
"professional".
5. In paragraph 2 (a). (j)), the word "authority" is replaced by "person,
performing the function of authority ".
6. In paragraph 3, the words ' qualifications complete "shall be replaced by" full
professional qualifications ".
7. In the heading of section 4, after the word "Full" shall be inserted the word "professional".
8. In section 4, paragraph 4. 1 and 2 of the introductory sections of the provisions, § 5 para. 2, § 6
paragraph. 2 (a). a) and (d)), section 10 (1). 4 and in section 11 (1) 3 after the word
"full" is inserted after the word "professional".
9. in section 4, paragraph 4. 3, § 5 para. 2 and in section 6 (1). 2 of the introductory part of the provisions
After the word "full" shall be inserted the word "professional".
10. In section 4, paragraph 4. 3 and § 6 para. 2 (a). (b)) after the word "full" is inserted
the word "professional".
11. In the title of § 5, § 5 para. 2 and 3 and in paragraph 21, the word "Minor" is replaced by
the word "Professional".
12. in section 6 (1). 1 the words "the National Institute for vocational training in Prague
(hereinafter referred to as "the Institute") "are replaced by the words" established for that purpose
the Ministry (hereinafter referred to as "the Organization of the Ministry of") ".
13. in section 6 (1). 2 (a). (c)), the words "the qualifications of the full" are replaced by
the words "full professional qualifications".
14. in section 6 (1). 3 (c)), including footnote No. 4 reads as follows:
"(c)) specify the binding to a specific profession ^ 4), for demonstrating the
vocational qualifications, competence,
4 for example, § 6 (1)). 1 (b). c) of Act No. 435/2004 Coll., on
employment. ".
15. in section 6 (1). 3 (b). g), the words "the partial qualifiers" are replaced by
the words "certificate of the professional qualifications".
16. in section 7 (2). 2 and 4 and § 8 paragraph. 3 and 5, the word "Department" shall be replaced
the words "Organization of the Ministry".
17. in section 10, paragraph 1. 1 (b). (c)), the words "corresponding to the partial
qualifications "are replaced by the words" required to obtain a certificate of the
professional qualifications ".
18. in section 10, paragraph 1. 1 (b). (h)), the words "the last 5 years tax"
shall be replaced by "registration taxes".
19. in section 10, paragraph 1. 5, the last sentence shall be deleted.
20. in paragraph 10, the following paragraph 6 is added:
"(6) the Entrepreneurial natural person may designate a member of its staff or
other persons who are in employment or another Contracting
relationship, one or more natural persons that demonstrate that they meet the
the conditions referred to in paragraph 1 (b). a) to (e)), and will carry out activities
an authorized person on behalf of the applicant as authorized representatives. ".
21. section 11 including the title reads as follows:
"section 11
The conditions for granting authorization to legal persons
(1) if the applicant for the grant of a legal person, shall grant authorization
authorizing authority authorization to the applicant, if
and provide the necessary proof material) and technical prerequisites
for the implementation of the tests referred to in section 18 as set out in the assessment standard
relevant professional qualifications,
(b)) shall designate from among its members, shareholders, persons exercising a function
authorities, the members of its organs, employees, or other persons who are
him in employment or other contractual relationship, at least one
a natural person, which demonstrate that it meets the conditions referred to in section 10
paragraph. 1 (b). a) to (e)), and will carry out the activities of a notified body
as an authorized representative on behalf of the applicant,
(c) the assets of the applicant was not) in the last 5 years is declared bankrupt,
There was no insolvency proceedings against him, is not in liquidation,
prevent the rejection of the application for a declaration of bankruptcy for lack of
the assets of the applicant, or to cancel the bankruptcy after fulfillment
the order or to cancel a bankruptcy on the grounds that the assets of the applicant
It is not sufficient to cover the costs of bankruptcy,
(d) in the register) is not tax arrears, is not in arrears on premiums and on
penalty on public health insurance, or in the insurance and finance charges on
social security and the contribution to the State employment policy,
(e)) the persons carrying out the function of the statutory authority of the applicant or
Member of the Board of the applicant, are above suspicion (section 10 (2)),
(f)) asked for the granting of authorization for the professional qualifications, for which the
approved qualification and assessment standard.
(2) proof of compliance with the conditions referred to in paragraph 1 (b). (c)), and (d)) can be
replace the formal declaration of the applicant. Compliance with the conditions referred to in
paragraph 1 (b). (e)) shall be demonstrated by a statement of registration of natural persons
A criminal record than 3 months; If there is no natural person is
a citizen of the United States, to meet this condition, the corresponding
document issued by the competent authority of the country of origin or of the State in
which is more than 3 months continuously in the last 3
years, not 3 months earlier. If the corresponding documents of
reason to ensure you can replace them with the affidavit.
(3) the conditions referred to in paragraph 1 (b). (c) to (e)))
not required in the case of a legal entity that carries on the activity of the school and has
on the basis of registration in the register of schools and educational institutions of privilege
provide training and issue documents on education in the field of education, in
which can be used according to the national system of qualifications by obtaining the degree of education
to achieve complete professional qualification, which is the professional
the qualifications, which get to be verified by the notified body.
The fact that the natural person referred to in paragraph 1 (b). (b)) meets
the conditions referred to in section 10, paragraph 1. 1 (b). a) to (d)), the legal entity
referred to in the first sentence of that provision, to demonstrate and affidavit. ".
22. in paragraph 12, at the end of the text of paragraph 1, the words "or
entrepreneurial natural person ".
23. in article 14, the following paragraph 3 is added:
"(3) the authorized person is obliged to disclose the date of the test
manner allowing remote access to at least 5 days prior to the date of event
test. ".
24. In § 15, § 16 para. 5, and in section 22 (a). (d)), the word "Constitution" is replaced by
the words "the Organization of the Ministry".
25. In paragraph 15 (b). (b)), after the words "authorized person" the words ",
where appropriate, the name, surname and date of birth of authorized representatives of the
physical person-entrepreneur ".
26. in section 16(1). 1 (b). and), after the words "if it is a natural"
the words "or active physical".
27. in section 17(2). 1 the words "defined the qualification standard for the
qualification "are replaced by the words" that is required to obtain a certificate of
professional qualifications "and the word" minor "is replaced by" professional ".
28. in paragraph 17, at the end of the text of paragraph 2, the words ", or
retraining participant under the law governing employment ^ 19) ".
Footnote 19 is added:
"19) § 108 of Act No. 435/2004 Coll., on employment, as amended
regulations. ".
29. in § 17 paragraph 6 is added:
"(6) the Examination shall be held within 3 months of receipt of the application for examination
authorized person, unless a candidate with an authorized person
otherwise. In the case that it is in the evaluation of the standard defined period
the calendar year in which the test may be conducted with the applicant's
the notified body may agree to hold the test date due
only in this period. ".
30. in article 18 paragraphs 2 to 4 shall be added:
"(2) the investigator is either an authorized representative of the authorized legal
or entrepreneurial natural persons with authorization for the professional
the qualification of the authorized on behalf of the legal entity or the entrepreneurial natural
the person to verify the achievement of the professional qualification, or authorized
a natural person with authorization for the professional qualifications, or
the Evaluation Commission composed of members who are authorized physical
a person with authorization for a given professional qualification or an authorized
the authorized representative of the legal or entrepreneurial natural persons with
authorization for the professional qualification of authorized on behalf of the
legal or entrepreneurial natural persons to verify the achievement of the
professional qualifications. Authorized representatives of the same authorized legal
or entrepreneurial natural persons may be members of the same Committee.
(3) if the test is to be performed by the Commission prior to the trial, the President of the trial
the Commission, which is authorized by a natural person or an authorized representative
authorized physical or legal persons conducting business with authorization for
the professional qualifications which was the request of applicants for the exam
delivered, determined from the authorized natural persons with authorization for the
professional qualifications or authorized representatives of the authorized
natural or legal persons engaged in business with authorization for the
professional qualifications of other members of the examination Commission and shall ensure their
synergy when the venue of the test.
(4) before the start of the tests the applicant is obliged to prove his/her identity
proof of identity and with professional qualifications, for which this is provided for
National system of qualifications, to submit an attestation of health
eligibility for the performance of the relevant work, or other documents
listed in the national system of qualifications. If the candidate in question papers
submits the test will not be accepted. "
Footnote 9 is deleted.
31. in section 18 paragraph 5 the following paragraph 6 is added:
"(6) if the applicant Is the person that the presentation of a valid certificate of
How to obtain a professional qualification or proof of obtaining full professional
qualification to obtain some professional competence proves a match for the
in terms of scope and content with professional qualification validated test,
the investigator for the purposes of the tests recognised by the previously certified professional
the eligibility of the applicant. When examination candidate, exempt from the performance of
those testing requirements governing this competence was
checked again, if this exemption will not disrupt the proper validation
the other requirements laid down by the evaluating standard to the tenderer
during the test to meet. ".
Paragraphs 6 to 12 are renumbered 7 to 13.
32. In section 18 para. 8 and § 25 para. 3 the words "11 and 12" shall be replaced by
"12 and 13".
33. In § 19 para. 5 is the number "12" is replaced by "13".
34. In section 20 (2). 4 the words ' authorizing authority which recurring
ordered test "is replaced by" authorized person ".
35. In section 22 is at the end of subparagraph (g)) the dot replaces the comma and the following
letter h) is added:
"h) hear administrative offences.".
36. In the first for title VI the following new title VII, including
the title and footnote No 20:
"TITLE VII
ADMINISTRATIVE OFFENCES
§ 24a
(1) a natural person shall be guilty of an offence as a notified body by
and) contrary to § 14 para. 1 or 2 does not inform the authorizing authority of
the changes that occurred around the time of validity of the authorization, or
does not inform in a timely manner,
(b)) shall not disclose the term examination pursuant to § 14 para. 3,
(c) has not sent an invitation to the candidates) the examination pursuant to § 17 para. 5,
(d) does not inform the tenderers or authorizing) authority of the alternate term
tests according to § 17 para. 8 or 10, or
e) contrary to section 18 para. 12 candidates to notify the test result, or
applicants that successfully performs the test, has not sent the certificate.
(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 2,000.
section 24b
(1) a legal entity or individual entrepreneur as an authorized person
committing an administrative offense, by
and) contrary to § 14 para. 1 or 2 does not inform the authorizing authority of
the changes that occurred around the time of validity of the authorization, or
does not inform in a timely manner,
(b)) shall not disclose the term examination pursuant to § 14 para. 3,
(c) has not sent an invitation to the candidates) the examination pursuant to § 17 para. 5,
(d) does not inform the tenderers or authorizing) authority of the alternate term
tests according to § 17 para. 8 or 10, or
e) contrary to section 18 para. 12 candidates to notify the test result, or
applicants that successfully performs the test, has not sent the certificate.
(2) for the administrative offence referred to in paragraph 1 shall be fined up to $ 1,000.
§ 24 c
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings to 1 year, from the date on which it
learned, but not later than within 3 years from the day when it was committed.
(4) The liability for the acts, which took place in the business
person ^ 20) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(5) administrative offences under this law in the first instance hearing
authorizing the authority competent under section 2 (b). k).
20) § 2 (2). 2 of the commercial code. ".
Title VII becomes title VIII.
Article. (II)
Transitional provision
Obtain certificates of qualification, issued pursuant to Act No. 179/2006
Coll., in the version in force until the date of entry into force of this Act,
consider a certificate of obtaining the professional qualification according to law No.
179/2006 Coll., in the version in force from the date of entry into force of this Act.
PART TWO
Changing the Education Act
Article. (III)
In section 113b of paragraph 1. 1 and 2, and in section 113 c of paragraph 1. 1 Act No. 561/2004 Coll., on
pre-school, primary, secondary, higher vocational and other education
(the Education Act), as amended by Act No. 179/2006 Coll. and Act No. 242/2008
Coll., the word "extract" shall be replaced by the word "professional".
PART THREE
Amendment to the Trade Licensing Act
Article. (IV)
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Constitutional Court, declared under no. 476/2002 Coll.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Act No. 356/2003 Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll.,
Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,
Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.
Act No 215/2005 Coll., Act No. 251/2005 Coll., Act No. 361/2005 Coll.
Act No. 428/2005 Coll., Act No 444/2005 Coll., Act No. 62/2006 Coll.
Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.
Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.
Act No. 216/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll.
Act No. 309/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.
Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.
Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,
Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll.,
Act No. 285/2009 Coll., Act No. 145/2010 Coll., Act No. 155/2010 Coll.,
Act No. 160/2010 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Coll.,
Act No. 73/2007 Coll. and Act No. 152/2006, is amended as follows:
1. In article 3, paragraph 3. 3 (b). AG), the words "qualification" is replaced by
"certificate of professional qualifications".
2. in section 21 para. 1 introductory part of the provisions for the word "document"
the words "or documents".
3. in section 21 para. 1 letter f) including footnote No 23q:
"(f)) get all the professional qualifications as they are for the corresponding
occupation set out in the National system of qualifications ^ 23q).
23q) Act No. 179/2006 Sb. ".
4. in annex No. 2 TRADES the BOUND for business "Guide
the activity of the mountain "and" Massage, revitalizing and regenerating services "in the second
column, annex No. 3 FRANCHISED BUSINESSES for business
"The operation of travel agents", "Security of property and persons" and the "services
private detectives "in the second column and in annex 5 for the trades
"Guiding mountain", "Massage, revitalizing and regenerating
services "," Security of persons and property "and" private detectives "in the
the second column is the word "minor" is replaced by "professional".
PART FOUR
Amendment of the Act on energy management
Article. In
In section 10, paragraph 1. 5 of the Act No. 406/2000 Coll. on energy management, as
Act No. 177/2006 Coll. and Act No. 393/2007 Coll., the word "Sub"
replaced by the word "professional".
PART FIVE
Amendment of the Act on administrative fees
Article. (VI)
In item 22 of the annex to the Act No 634/2004 Coll., on administrative fees,
as amended by law No 81/2006 Coll., Act No. 179/2006 Coll., Act No.
189/2008 Coll. and Act No. 207/2009 Coll., the letters j and k)):
"j) applying for the granting of authorization by the law governing
validation and recognition of the results of the further education (permissions
to verify the achievement of the technical competence required to obtain
certificate of professional qualifications or professional qualifications)
for every qualifying £ 1 500
to) use requests for extension of validity of the authorization
referred to in subparagraph (j)) $ 500 ".
Footnote No. 26a shall be deleted.
PART SIX
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on 1 January 2000. April 2012.
Němcová in r.
Klaus r.
Nečas in r.
