Law On The Determination Of Equivalence Of Professional Qualifications

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/bqfg/BJNR251510011.html

Law on the determination of the equivalence of vocational qualifications (vocational qualification assessment Act - BQFG) BQFG Ausfertigung date: 06.12.2011 full quotation: "vocational qualification determination Act of 6 December 2011 (BGBl. I S. 2515), by article 23 of the law of 25 July 2013 (BGBl. I S. 2749) has been changed" stand: amended by article 23 G v. 25.7.2013 I 2749 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : April 1, 2012 +++) as article 1 of the G v. 6.12.2011, the G was I 2515 decided by the German Bundestag, with the consent of the Federal Council. It according art. 62 para. 1 of the April 1, 2012 enter into force. Section 6, paragraph 2, sentence 2 and 4, par. 3 and 4, § 13 para 2 sentence 2 and 4 and para 3 and 4 enter into force on the 1.12.2012.
Part 1 General part section 1 purpose of the law this law serves the better use of professional qualifications acquired abroad for the German labour market, to enable a close qualifying employment.

§ 2 scope of application (1) this law applies to the recognition of equivalence between abroad acquired qualifications, taking into account other proven professional qualifications, and domestic qualifications for federal law regulated professions, in so far as the relevant professional regulations otherwise. section 10 of the Federal Refugees Act shall remain unaffected.
(2) this law is applicable to all persons who have purchased a proof of training abroad and set out to exercise a gainful activity corresponding to their professional qualifications in Germany.

Section 3 definitions (1) professional qualifications are qualifications that are demonstrated by qualifications, qualifications or relevant professional experience acquired abroad or domestic.
(2) qualifications are certificates and diplomas that are issued by responsible authorities for the conclusion of a successfully completed vocational training.
(3) vocational training is one within the meaning of this Act through any legislative or administrative provisions regulated vocational training or vocational training. Vocational training provides professional capacity required to engage a qualified professional activity. It takes place in a parent education course, which can include acquiring the necessary experience. The training extends the professional capacity to act on vocational training.
(4) include Bundesrechtlich not regulated professions and regulated professions regulated professions.
(5) regulated professions are occupations whose recording or exercise legal or administrative provisions to the possession of specific professional qualifications is bound; a type of exercise in particular is a job title that is restricted by legal or administrative provisions to persons who possess certain qualifications.
Part 2 recognition of equivalence between chapter 1 not regulated professions article 4 recognition of equivalence between (1) which is responsible at the request of the equivalence that unless the qualifications the qualifications for comparable occupations such as the corresponding domestic qualifications acquired abroad is 1 and no essential differences 2. between the proven professional qualifications and the corresponding domestic training.
(2) significant differences between the proven professional qualifications and the corresponding domestic vocational training exist, provided that the qualifications acquired abroad refers to 1 skills, knowledge and abilities, which differ in terms of the mediated content or on the basis of the duration of the training significantly from the skills, knowledge and abilities, the corresponding domestic qualifications refers 2. the skills differing by number 1 , Knowledge and skills for the exercise of their profession are essential and 3. these differences not evened out the applicant or the applicant by any other qualifications or proven relevant experience.

Referring to documents (1) the request are section 5 to attach the following documents: 1 a list of completed courses and the carried out activities in the German language, 2. a proof of identity, 3. qualifications acquired abroad, 4. evidence of relevant work experience or other evidence of formal qualifications, as long as these are necessary for the recognition of equivalence between, and 5. a statement that so far no request to be established has been the equivalence.
(2) the documents referred to in paragraph 1 are number 2 to 4 to provide the competent authority in the form of original or certified copies. Of the documents referred to in paragraph 1, number 3 and 4 are to submit translations into German language. In addition, the competent authority may require of the documents referred to in paragraph 1 number 2 and all subsequent documents translations in German language. The translations are a chartered or sworn interpreter or translator to create.
(3) the competent authority may allow a different form for the documents to be submitted by way of derogation from paragraph 2.
(4) the competent authority may require the applicant or the applicant, to submit information about content and duration of vocational training abroad and other professional qualifications within a reasonable period of time, insofar as this is necessary for the determination of equivalence.
(5) there are reasonable doubts about the veracity or the substantive correctness of the presented documents, the competent authority may require the applicant or the applicant, to submit more appropriate documentation within a reasonable time.
(6) the applicant or the applicant has to demonstrate appropriate documentation, to want to exercise one of the professional qualifications domestically appropriate gainful employment. Appropriate documentation can be, for example, proof of application for a visa to work, establishing contact with potential employers, or a business concept. For applicants or applicants residing in a Member State of the European Union, another Contracting State of the agreement on the European economic area or of Switzerland as well as for nationals of these States, this discourse is not necessary, provided that there are no special reasons against a corresponding intention.

Article 6 procedure (1) grant is any person who has acquired abroad a qualifications within the meaning of article 3, paragraph 2. The request is to provide to the competent body.
(2) the competent authority confirmed the receipt of the application, including the documents to be submitted pursuant to section 5, paragraph 1 of the applicant or the applicant within one month. In the acknowledgement of receipt is to inform the date of receipt to the competent body and to indicate the time limit under paragraph 3 and the conditions for the start of the period run. According to § 5 paragraph 1 to be submitted documents are incomplete, the competent authority tells within the period of sentence 1, which documents to submit. The communication includes the note that the running of the period pursuant to paragraph 3 only begins with receipt of the full documents.
(3) the competent authority must decide within three months on equivalence. The period begins with receipt of the full documents. It may be extended once appropriately if this is justified due to the specific characteristics of the matter. The deadline extension is to establish and to communicate in a timely manner.
(4) in the case of section 5, paragraph 4 and 5 of the running of the period pursuant to paragraph 3 is inhibited up to the expiry of the period laid down by the competent authority. In the case of § 14, the running of the time limit under paragraph 3 of up to appropriate the termination of any other procedure is suspended.
(5) the application should be rejected if the equivalence in the context of other proceedings or already established by legislation.

§ 7 form of decision (1) the decision on the application according to § 4 paragraph 1 is issued by written notification.
(2) the application to refuse because the recognition of equivalence between due to significant differences in the meaning of § 4 paragraph 2 is not possible, is the existing professional qualifications of the applicant or of the applicant, as well as the main differences between the existing qualifications and the corresponding domestic training are in the explanatory statement to present.
(3) a right of appeal the decision is to be attached.

Article 8 competent authority (1) competent authority within the meaning of this chapter at a vocational education and training, 1 which is regulated according to the vocational education Act for the area of not small-scale commercial professions, is the Chamber of Commerce and industry;
2. which is regulated according to the trade and crafts code, is the Chamber of skilled crafts.
3. that is according to the vocational education law for the sector which is agriculture, the Chamber of agriculture;
4. are the attorneys, patent attorney and the Notary Chambers; according to the vocational education law for the sector which justice is regulated, respectively for their area
5. are chartered accountants and tax consultants chambers; according to the vocational education law for the sector which is regulated, auditing and tax consulting for their area
6.
who are the doctors, dentist, veterinarian and pharmacist chambers according to the vocational education law for the sector which is regulated health care professions, each for their area.
(2) where there are no Chambers for individual trades of paragraph 1, the land determines the competent authority.
(3) for professions of the public service of the Federal Government, the Supreme Federal Authority determines the competent authority.
(4) for the professions referred to in paragraphs 1 to 3, the land determines the competent authority. Country Governments be empowered in this respect by legislative decree to transfer the duties provided for in this chapter authorities or chambers.
(5) the competent bodies number 2 to 6 and paragraph 2 may agree pursuant to paragraph 1 that the tasks conferred upon them by this law to paragraphs 1 and 2 are perceived by other competent authority. The agreement requires the approval of the competent supervisory authorities.
Chapter 2 regulated professions article 9 conditions of equivalence of (1) when deciding on the power to the recording or a profession regulated in Germany the qualifications acquired abroad, taking into account other proven professional qualifications, is regarded as equivalent with the corresponding domestic training credits, provided that the qualifications the qualifications for comparable occupations such as the corresponding domestic qualifications acquired abroad is 1 , 2. the applicant or the applicant at one domestically as well as in the training of State regulated profession to the respective profession in the State of education is entitled or denied the right to the access to or exercise of the respective profession for reasons which do not preclude the access to or exercise at home, and no essential differences 3. between the proven professional qualifications and the corresponding domestic training.
(2) significant differences between the proven professional qualifications and the corresponding domestic training lie before, provided that the qualifications acquired abroad refers to 1 knowledge and skills, which differ in terms of the content or on the basis of the duration of the training much of the skills and knowledge, the corresponding domestic qualifications refers, the appropriate skills and knowledge represent a decisive prerequisite for the exercise of the respective profession 2. and the applicant or the applicant these differences not by 3 other Evidence of formal qualifications or proven relevant experience has compensated.

§ 10 are finding the existing professional qualifications (1) provided that the recognition of equivalence between due to significant differences in the meaning of article 9, paragraph 2 is not possible, when deciding on the power to the host or a profession regulated in Germany found the existing qualifications and the main differences compared to the corresponding domestic training by ruling.
(2) is in the notification also stated what measures pursuant to section 11, the main differences compared to the required domestic qualifications can be compensated.

Article 11 compensatory measures (1) substantial differences in the meaning of article 9, paragraph 2 can through the completion of the adaptation period not more than three years, which may be subject to a review, or be compensated for the dropping of an aptitude test in the domestic.
(2) when determining the compensation measures within the meaning of paragraph 1, the existing professional qualifications of the applicant or the applicant's are taken into account. The contents of the countervailing measures is limited to the identified significant differences in the meaning of article 9, paragraph 2.
(3) the applicant or the applicant has the choice between the completion of the adaptation period and the drop of an aptitude test, provided that the relevant professional regulations determine otherwise.

Referring to documents (1) the assessment of equivalence are article 12 applying power to the intake or a profession regulated domestically to enclose the following documents: 1 a list of completed courses and the carried out activities in the German language, 2. a proof of identity, 3. qualifications acquired abroad, 4. evidence of relevant professional experience and other evidence of formal qualifications, as long as these are necessary for the recognition of equivalence between , 5. in the case of article 9 paragraph 1 number 2 a certificate of permission to practice in the State of education and 6 a statement that so far no request to be established has been the equivalence.
(2) the documents referred to in paragraph 1 are number 2 to 5 to provide the competent authority in the form of original or certified copies. Of the documents referred to in paragraph 1, number 3 to 5 are to submit translations into German language. In addition, the competent authority may require of the documents referred to in paragraph 1 number 2 and all subsequent documents translations in German language. The translations are a chartered or sworn interpreter or translator to create.
(3) the competent authority may allow a different form for the documents to be submitted by way of derogation from paragraph 2.
(4) the competent authority may require the applicant or the applicant, to submit information on the content and duration of vocational training abroad, as well as to other professional qualifications within a reasonable period of time, insofar as this is necessary for assessing the equivalence. As far as vocational education and training in a Member State of the European Union, another Contracting State of the agreement on the European economic area or in the Switzerland has been completed, the competent authority of the competent authority of the State of education may apply.
(5) there are reasonable doubts about the veracity or the substantive correctness of the presented documents, the competent authority may require the applicant or the applicant, to submit more appropriate documentation. As far as the documents in a Member State of the European Union, another Contracting State of the agreement on the European economic area or in the Switzerland were issued, the competent authority of the competent authority of the State of education may apply.
(6) the applicant or the applicant has to demonstrate appropriate documentation, to exercise a gainful activity corresponding to their professional qualifications in Germany. Appropriate documentation can be, for example, proof of application for a visa to work, establishing contact with potential employers, or a business concept. For applicants or applicants residing in a Member State of the European Union, another Contracting State of the agreement on the European economic area or of Switzerland as well as for nationals of these States, this discourse is not necessary, provided that there are no special reasons against a corresponding intention.

§ 13 procedure (1) the assessment of equivalence pursuant to § 9 takes place within the decision authority for the recording or a profession regulated in Germany.
(2) the competent authority confirmed the receipt of the application, including the documents to be submitted pursuant to section 12 paragraph 1 of the applicant or the applicant within one month. In the acknowledgement of receipt is to inform the date of receipt to the competent body and to indicate the time limit under paragraph 3 and the conditions for the start of the period run. The documents to be submitted pursuant to section 12 paragraph 1 is incomplete, the competent authority tells within the period of sentence 1, which documents to submit. The communication includes the note that the running of the period pursuant to paragraph 3 only begins with receipt of the full documents.
(3) the competent authority must decide within three months on equivalence. The period begins with receipt of the full documents. It may be extended once appropriately if this is justified due to the specific characteristics of the matter. For applicants who have obtained their training certificate in a Member State of the European Union or a Contracting State of the agreement on the European economic area or of Switzerland, or their qualifications recognised in one of the States mentioned, the extension can be a maximum of a month pursuant to sentence 3. The deadline extension is to establish and to communicate in a timely manner.
(4) in the case of section 12 paragraph 4 and 5 of the running of the period pursuant to paragraph 3 is suspended until the end of the period laid down by the competent authority. In the case of § 14, the running of the time limit under paragraph 3 of up to appropriate the termination of any other procedure is suspended.
(5) the competent authority depends on the law of the respective compartment.
Chapter 3 common provisions article 14 other procedures for the determination of equivalence for missing evidence
(1) the applicant or the applicant can the certificates required for the determination or assessment of equivalence according to article 5, paragraph 1, 4 and 5 or article 12 paragraph 1, 4 and 5 from not even to be reasons not or only partially present or is connected to the template of the corresponding documents with an inappropriate expenditure of time and factual is the competent authority for a comparison with the corresponding domestic vocational training relevant professional skills , Knowledge and skills of the applicant or of the applicant by any other appropriate procedure fixed. The applicant or the applicant has to make credible the reasons which prevent a template of the corresponding documents. The competent authority is entitled to demand an insurance in lieu of oath and to take off.
(2) any other appropriate procedure for determining the skills, knowledge and abilities within the meaning of paragraph 1 are in particular work samples, discussions, practical and theoretical tests and advice of experts.
(3) the determination or assessment of equivalence under the section is based on the results of the other procedures provided for in paragraphs 1 and 2 4 or 9.

§ 15 duty of cooperation (1) the applicant or the applicant is obliged to submit all for the determination of equivalence to the necessary documents, as well as to provide all necessary information.
(2) the applicant or the applicant of this obligation to cooperate does not meet and is this the elucidation of the facts of the case significantly more difficult, can decide the authority without further investigation. This applies accordingly if the applicant or the applicant otherwise significantly complicates the elucidation of the facts.
(3) the request may only be rejected due to lack of participation, after the applicant or the applicant in writing has been advised on the result and not within a reasonable period of time has complied with the obligation to cooperate.

Article 16 legal recourse for disputes arising under this Act the way administrative law is given.
Part 3 final provisions article 17 (1) statistics on the procedure for determining the equivalence under this Act and a Federal statistics is carried out by other professional legal laws and regulations.
(2) the statistics collected annually for the previous calendar year following characteristics: 1. nationality, gender, date of the application, residence address of the applicant, 2. training State, German reference professional or German reference training, 3rd date of the decision, subject and nature of the decision, 4. messages and decisions concerning the freedom to provide services pursuant to article 7 paragraph 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 255 of the 30.9.2005 p. 22, L 271 from October 16, 2007, p. 18, L 93 of the 4.4.2008, p. 28, L 33 of the 3.2.2009, p. 49), most recently by Regulation (EC) No 279 / 2009 (OJ L 93 of the 7.4.2009, p. 11) is has been modified in their currently valid version, 5. pickled remedies and decisions about.
(3) input characteristics are 1 name and address of respondents, 2. name and phone number and address for electronic mail of the person for further inquiries available.
(4) for the collection of the information obligation. The information number 2 is voluntary according to paragraph 3. According to this law and other professional laws and regulations on procedures for the recognition of equivalence between competent authorities are required to report.
(5) the information are to submit electronically to the statistical offices of the countries.
(6) the Federal Government is authorized to suspend the collection of individual characteristics by decree with the consent of the Federal Council 1, extend the periodicity and to Inquirer to restrict the circle, if the results no longer or no longer needed in the planned verbosity or frequency;
2. individual new features to introduce, if this is necessary to meet a revised needs for the purpose referred to in paragraph 1 and avoid by simultaneous exposure to other features an expansion of the scope of the survey; not be introduced can characteristics relating to special types of personal data according to article 3, paragraph 9 of the Federal Data Protection Act;
3. arrange the collection of characteristics, as far as this is necessary for the implementation or execution of acts of the European Community.

Article 18 evaluation and report (1) on the basis of the statistics according to § 17 checks the Federal Government after a period of four years following entry into force of this law its application and impact.
(2) the result is to report the German Bundestag and the Bundesrat.

§ 19 exclusion of differing State law by the in sections 5 to 7, 10, and the sections 12, 13 paragraph 1 schemes taken up to 4, sections 14 and 15 of the administrative procedure can not be derogated from by State law.