Law on the determination of equivalence of professional qualifications

Original Language Title: Gesetz über die Feststellung der Gleichwertigkeit von Berufsqualifikationen

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Law on the determination of equivalence of professional qualifications (Professional Qualification Order Act-BQFG)

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BQFG

Date of completion: 06.12.2011

Full quote:

" Vocational Qualification Order Act of 6 December 2011 (BGBl. 2515), as defined by Article 23 of the Law of 25 July 2013 (BGBl). 2749).

Status: Amended by Art. 23 G v. 25.7.2013 I 2749

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 1.4.2012 + + +) 

The G was decided by the Bundestag as Article 1 of the G v. 6.12.2011 I 2515 with the consent of the Bundesrat. It occurs gem. Article 62 (1) in force on 1 April 2012. § 6 para. 2 sentence 2 and 4, para. 3 and 4, § 13 para. 2 sentence 2 and 4 as well as para. 3 and 4 shall enter into force on 1.12.2012.

Part 1
General Part

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§ 1 Purpose of the Law

This law serves to make better use of professional qualifications acquired abroad for the German labour market in order to provide for qualification-related employment. Unofficial table of contents

§ 2 Scope

(1) This Act shall apply to the determination of equivalence of formal qualifications acquired abroad, taking into account other proven professional qualifications, and national training qualifications for national legal fees. Professions, provided that the relevant professional regulations do not determine otherwise. § 10 of the Bundesvertriebenengesetz (Bundesvertriebenengesetz) remains unaffected. (2) This law applies to all persons who have acquired a certificate of formal qualifications abroad and show that they have a job in the home country for their professional qualifications to be exercised. Unofficial table of contents

§ 3 Definitions

(1) Professional qualifications are qualifications which are proven by evidence of formal qualifications, evidence of formal qualifications or relevant professional experience acquired abroad or in Germany. (2) Qualifications are certificates and certificates of formal qualifications. (3) Vocational training within the meaning of this Act is regulated by law, regulation or administrative action. Vocational training or vocational training. Vocational training provides the skills required to pursue a qualified professional activity. It takes place in an orderly training course, which can also include the acquisition of the necessary professional experience. Vocational training extends the capacity to act beyond vocational training. (4) Federal law-regulated professions include non-regulated professions and regulated professions. (5) Regulated professions are vocational activities which are subject to the possession of certain professional qualifications by law, regulation or administrative action, the exercise of which is subject, in particular, to the management of a professional title by law, or by law, or by law, , the administrative provisions are limited to persons subject to certain Professional qualifications.

Part 2
Determination of equivalence

Chapter 1
Non-regulated professions

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§ 4 Determination of equivalence

(1) The competent authority shall, at the request of the competent authority, establish equivalence, provided that:
1.
the evidence of formal qualifications acquired abroad proves the ability to perform comparable professional activities, such as the corresponding national evidence of formal qualifications, and
2.
there are no significant differences between the proven professional qualifications and the corresponding national vocational training.
(2) The main differences between the proven professional qualifications and the relevant national vocational education and training are provided, provided that:
1.
the training certificate acquired abroad is based on skills, knowledge and skills that are essential to the skills, knowledge and abilities of the content or the duration of the training, , to which the corresponding national training certificate relates,
2.
the skills, knowledge and skills other than those referred to in point 1 are essential for the exercise of the profession in question; and
3.
the applicant, or the applicant, has not compensated for such differences by other evidence of formal qualifications or evidence of relevant professional experience.
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§ 5 Documents to be submitted

(1) The application shall be accompanied by the following documents:
1.
a tabular list of the training courses completed and the activities carried out in the German language,
2.
proof of identity,
3.
training qualifications acquired abroad,
4.
evidence of relevant professional experience or other evidence of formal qualifications, provided that they are necessary to establish equivalence; and
5.
a declaration that no application has yet been made for the determination of equivalence.
(2) The documents referred to in paragraph 1 (2) to (4) shall be submitted to the competent authority in the form of originals or certified copies. Translations shall be submitted in the German language from the documents referred to in paragraphs 3 and 4 of paragraph 1. In addition, the competent authority may require translations in the German language from the documents referred to in paragraph 1 (2) and in all documents that have been submitted to it. The translations shall be drawn up by a publicly appointed or sworn interpreter or translator. (3) By way of derogation from paragraph 2, the competent authority may allow a different form for the documents to be submitted. (4) The competent authority shall: The applicant may request the applicant to provide, within a reasonable period of time, information on the content and duration of vocational education and training completed abroad, and on other professional qualifications, to the extent that this is the case. Determination of equivalence is required. (5) Reasonable doubts exist the authenticity or the accuracy of the documents submitted, the competent authority may request the applicant to submit further appropriate documents within a reasonable period of time. (6) Applicants must be required to submit appropriate documents to pursue an activity corresponding to the professional qualifications of the applicant. Appropriate documents may, for example, be proof of the application for an entry visa to work, the proof of contact with potential employers or a business concept. For applicants residing in a Member State of the European Union, another State Party to the Agreement on the European Economic Area, or in Switzerland, and for nationals of those States, the latter shall be It shall be necessary, unless there are any specific reasons, to speak against an appropriate intention. Unofficial table of contents

§ 6 Procedure

(1) Each person who has acquired a training certificate within the meaning of Section 3 (2) shall be entitled to apply for an application. The application shall be submitted to the competent authority. (2) The competent body shall confirm to the applicant within one month the receipt of the application, including the documents to be submitted in accordance with Article 5 (1). The acknowledgement of receipt shall indicate the date of receipt by the competent authority and shall indicate the time limit laid down in paragraph 3 and the conditions for the start of the deadline. If the documents to be submitted in accordance with Article 5 (1) are incomplete, the competent authority shall inform the competent authority within the time limit of the sentence 1 which documents are to be submitted. The notification shall indicate that the time limit referred to in paragraph 3 shall start only with the receipt of the complete dossier. (3) The competent authority shall decide on equivalence within three months. The deadline shall begin with the receipt of the complete dossier. It may be extended in an appropriate way once it is justified on account of the specific nature of the matter. The extension of the period shall be justified and communicated in good time. (4) In the case of § 5 (4) and 5 (5), the time limit referred to in paragraph 3 shall be inhibited until expiry of the time limit laid down by the competent authority. In the case of § 14, the course of the period referred to in paragraph 3 is inhibited until the end of the other appropriate procedure. (5) The request shall be rejected if equivalence already exists within the framework of other procedures or by law noted. Unofficial table of contents

§ 7 Form of decision

(1) The decision on the application pursuant to § 4 (1) shall be taken by written notice. (2) If the application is to be rejected because the determination of equivalence cannot be made due to substantial differences within the meaning of Article 4 (2), the application shall be rejected. (3) to explain the reasons for the existing professional qualifications of the applicant or the applicant, as well as the main differences between the existing professional qualifications and the relevant national vocational training. (3) Notification shall be accompanied by a right of appeal. Unofficial table of contents

§ 8 The competent authority

(1) a competent authority within the meaning of this Chapter for a vocational training;
1.
The Chamber of Commerce and Industry is governed by the Vocational Training Act for the non-trade-related trades sector;
2.
which is regulated according to the craft order, is the Chamber of Crafts;
3.
which is governed by the Vocational Training Act for Agriculture, is the Chamber of Agriculture;
4.
governed by the Law on Vocational Education and Training in the area of the administration of justice, each of them is the lawyer, patent attorney and the emergency chambers for their area of law;
5.
which is governed by the Vocational Training Act for the area of auditing and tax advice, are each of the Chambers of Auditors and Tax Advisers;
6.
According to the Vocational Training Act, which is regulated in the field of health care professions, the chambers of physicians, dentists, veterinary surgeons and pharmacists are each in their respective fields.
(2) Where there are no chambers for individual occupational areas of paragraph 1, the country shall determine the competent authority. (3) For professions in the public service of the federal government, the supreme federal authority shall designate the competent authority. (4) For the purposes of the paragraphs The country shall designate the competent authority for 1 to 3 non-mentioned occupational areas. To this extent, the national governments shall be authorized to transfer the tasks provided for in this Chapter by means of a regulation to the authorities or chambers. (5) The competent authorities referred to in points 2 to 6 and 2 of paragraph 1 may agree that the They shall be exercised by another competent authority in accordance with paragraphs 1 and 2 by this Act. The agreement shall require the approval of the respective supervisory authorities concerned.

Chapter 2
Regulated professions

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§ 9 Conditions of equivalence

(1) In deciding on the power to take up or pursue a profession regulated domestically, the evidence of formal qualifications acquired abroad, taking into account other proven professional qualifications, shall be deemed to be equivalent to: the corresponding national evidence of formal qualifications, provided that:
1.
the evidence of formal qualifications acquired abroad proves to be capable of comparable professional activities, such as the corresponding national evidence of formal qualifications,
2.
the applicant is entitled to pursue the profession in the State of training in the case of a profession which is regulated both domestically and in the state of training, or the power to take up or pursue the profession in question A profession has been refused for reasons which do not preclude the taking up or pursuit of the domestic market; and
3.
there are no significant differences between the proven professional qualifications and the corresponding national vocational training.
(2) The main differences between the proven professional qualifications and the relevant national vocational education and training are provided, provided that:
1.
the certificate of training acquired abroad relates to skills and knowledge which differ materially from the skills and knowledge to which the relevant information is based, or on the basis of the duration of the training, National evidence of formal qualifications,
2.
the relevant skills and knowledge are a relevant condition for the exercise of the profession concerned; and
3.
the applicant, or the applicant, has not compensated for such differences by other evidence of formal qualifications or evidence of relevant professional experience.
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§ 10 Determination of existing professional qualifications

(1) Where the determination of equivalence cannot take place on account of substantial differences within the meaning of Article 9 (2), the decision on the power to take up or pursue a profession regulated in the territory of the country shall be subject to the following: (2) In the communication, it is also determined by which measures according to § 11 the essential elements of the Differences in comparison with the required domestic training certificate can be. Unofficial table of contents

Section 11 Countervailing measures

(1) Essential differences within the meaning of Article 9 (2) may be compensated by the completion of a maximum three-year adaptation period, which may be the subject of an evaluation, or the deposition of an aptitude test in Germany. (2) the design of the countervailing measures referred to in paragraph 1 shall take account of the professional qualifications of the applicant or of the applicant. The content of the compensatory measures must be limited to the significant differences identified within the meaning of Section 9 (2). (3) The applicant has the choice between the completion of an adaptation period and the Taking an aptitude test, unless the relevant professional regulations determine otherwise. Unofficial table of contents

§ 12 Documents to be submitted

(1) In order to assess equivalence, the application for power to take up or pursue a profession regulated in the territory of the country shall be accompanied by the following documents:
1.
a tabular list of the training courses completed and the activities carried out in the German language,
2.
proof of identity,
3.
training qualifications acquired abroad,
4.
Evidence of relevant professional experience and other evidence of formal qualifications, provided that they are necessary to establish equivalence,
5.
in the case of section 9 (1) (2), a certificate of entitlement to practise in the country of training; and
6.
a declaration that no application has yet been made for the determination of equivalence.
(2) The documents referred to in paragraph 1 (2) to (5) shall be submitted to the competent authority in the form of originals or certified copies. Translations shall be submitted in German from the documents referred to in paragraph 1 (3) to (5). In addition, the competent authority may require translations in the German language from the documents referred to in paragraph 1 (2) and in all documents that have been submitted to it. The translations shall be drawn up by a publicly appointed or sworn interpreter or translator. (3) By way of derogation from paragraph 2, the competent authority may allow a different form for the documents to be submitted. (4) The competent authority shall: The applicant may request the applicant to provide, within a reasonable period of time, information on the content and duration of vocational education and training completed abroad, and on other professional qualifications, to the extent that this is the case. Assessment of equivalence is required. In so far as vocational training has been completed in a Member State of the European Union, another State Party to the Agreement on the European Economic Area or in Switzerland, the competent authority may contact the competent authority of the (5) In case of reasonable doubt as to the authenticity or the accuracy of the documents submitted, the competent authority may request the applicant or the applicant to submit further appropriate documents. . In so far as the documents have been issued in a Member State of the European Union, another State Party to the Agreement on the European Economic Area or in Switzerland, the competent authority may contact the competent authority of the (6) The applicant must, by means of appropriate documents, state that he or she wants to pursue a professional activity in the home country in which he or she is in a position to pursue professional qualifications. Appropriate documents may, for example, be proof of the application for an entry visa to work, the proof of contact with potential employers or a business concept. For applicants residing in a Member State of the European Union, another State Party to the Agreement on the European Economic Area, or in Switzerland, and for nationals of those States, the latter shall be It shall be necessary, unless there are any specific reasons, to speak against an appropriate intention. Unofficial table of contents

§ 13 Procedure

(1) The assessment of equivalence in accordance with § 9 shall be carried out within the framework of the decision on the power to take up or pursue a profession regulated domestically. (2) The competent body shall confirm to the applicant or the applicant within one month, the receipt of the application, including the documents to be submitted in accordance with Article 12 (1). The acknowledgement of receipt shall indicate the date of receipt by the competent authority and shall indicate the time limit laid down in paragraph 3 and the conditions for the start of the deadline. If the documents to be submitted in accordance with Article 12 (1) are incomplete, the competent authority shall inform the competent authority within the period of the sentence 1 of the documents which are to be submitted. The notification shall indicate that the time limit referred to in paragraph 3 shall start only with the receipt of the complete dossier. (3) The competent authority shall decide on equivalence within three months. The deadline shall begin with the receipt of the complete dossier. It may be extended in an appropriate way once it is justified on account of the specific nature of the matter. Applicants who have obtained their training certificate in a Member State of the European Union or a State Party to the Agreement on the European Economic Area or Switzerland, or whose evidence of formal qualifications in one of these countries , the extension of the period after sentence 3 may not exceed one month. The extension of the period shall be justified and shall be notified in due time. (4) In the case of § 12 (4) and (5), the period referred to in paragraph 3 shall be subject to the expiry of the time limit laid down by the competent authority. In the case of § 14, the course of the period referred to in paragraph 3 shall be inhibited until the end of the other appropriate procedure. (5) The competent authority shall be governed by the relevant specialist law.

Chapter 3
Common rules

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Section 14 Other procedures for determining equivalence in the event of missing evidence

(1) If the applicant or the applicant cannot, for reasons other than those required for the determination or assessment of equivalence, not or only for reasons not to be held for the purpose of determining or evaluating equivalence, in some cases, or if the presentation of the relevant documents is accompanied by an undue time and material effort, the competent body shall provide the relevant body for a comparison with the relevant national vocational training professional skills, knowledge and skills of the applicant or the applicant Applicant shall be determined by other appropriate procedures. The applicant shall make credible the reasons for the submission of the relevant documents. The competent authority shall have the power to take out and take out insurance on oath. (2) Other appropriate procedures for the identification of the professional skills, knowledge and skills referred to in paragraph 1 shall be: Work samples, technical discussions, practical and theoretical examinations as well as expert opinions. (3) The determination or evaluation of equivalence in accordance with § 4 or 9 shall be carried out on the basis of the results of the measures referred to in paragraphs 1 and 2. other procedures. Unofficial table of contents

Section 15 Co-action obligations

(1) The applicant shall be obliged to provide all the necessary documents for the determination of equivalence and to provide all necessary information. (2) If the applicant or the applicant is concerned, the applicant shall be required to provide all necessary information for the purpose of the application. The competent authority may decide to do so without further investigation and will make it difficult to clarify the facts of the case. This applies accordingly if the applicant or the applicant in another way makes it considerably more difficult to clarify the facts. (3) The application may only be rejected due to lack of participation, after the applicant or the applicant has received a request for the application. The applicant has been informed of the following in writing and the obligation to participate has not been complied with within a reasonable period of time. Unofficial table of contents

§ 16 Legal Way

Disputes under this law shall be subject to administrative law.

Part 3
Final provisions

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§ 17 Statistics

(1) Federal statistics are carried out on the procedures for determining equivalence under this Act and in accordance with other professional laws and regulations. (2) Statistics shall be recorded annually for the previous calendar year the following survey characteristics:
1.
Nationality, gender, date of application, place of residence of the applicant,
2.
Training State, German reference occupation or German reference training,
3.
the date of the decision, the subject matter and the nature of the decision,
4.
Notifications and decisions relating to the freedom to provide services in accordance with Article 7 (1) and (4) of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, p. OJ L 255, 30.9.2005, p. 22, L 271, 16.10.2007, p. 18, L 93, 4.4.2008, p. 28, L 33, 3.2.2009, p. 49), as last amended by Regulation (EC) No 279/2009 (OJ No L 255, 30.9.2009, p. 11), as amended, has been amended,
5.
the legal remedies and decisions taken.
(3) Auxiliary characteristics are
1.
the name and address of the parties responsible for providing information;
2.
Name and telephone number as well as address for electronic mail of the person available for inquiries.
(4) The survey shall be compulsory for the survey. The information referred to in paragraph 3 (2) shall be voluntary. The authorities responsible under this Act and in accordance with other professional laws and regulations for the procedures for determining equivalence are required to provide information. (5) The data shall be electronically supplied to the statistical offices of the (6) The Federal Government is empowered to act with the consent of the Federal Council by means of a legal regulation
1.
to suspend the collection of individual characteristics, to extend the periodicity and to limit the circle of persons to be interrogated if the results are no longer required or no longer required in the originally intended detail or frequency;
2.
to introduce individual new features, if necessary to meet the need for change for the purpose referred to in paragraph 1, and by the simultaneous suspension of other characteristics, to avoid an extension of the scope of the survey; not introduced Characteristics relating to special types of personal data in accordance with § 3 paragraph 9 of the German Federal Data Protection Act;
3.
to arrange for the collection of characteristics to the extent necessary for the implementation or implementation of European Community acts.
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Section 18 Evaluation and report

(1) On the basis of the statistics in accordance with § 17, the Federal Government shall, after four years after the entry into force of this Act, review its application and its effects. (2) The results shall be reported to the German Bundestag and the Bundesrat. Unofficial table of contents

Section 19 Exclusion of national law

The regulations of the administrative procedure pursuant to Sections 5 to 7, 10 and § § 12, 13 (1) to (4), § § 14 and 15 of the Administrative Procedure cannot be deviated by national law.