Law On The Determination Of Equivalence Of Professional Qualifications

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

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

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BQFG

Date of expend: 06.12.2011

Full quote:

" Professional Qualification Law of 6. December 2011 (BGBl. 2515), which is Article 23 of the Law of 25. July 2013 (BGBl. I p. 2749) "

:Modified by Art. 23 G v. 25.7.2013 I 2749

For details, see the Notes

Footnote

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was referred to as Article 1 of the G v. 6.12.2011 I 2515 approved by the Bundestag 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 enter into force on 1.12.2012.

Part 1
General Part

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§ 1 Purpose of the law

This law serves to improve the use of professional qualifications acquired abroad for the German labor market in order to provide a to enable employment close to qualifications. Non-official table of contents

§ 2 Scope of application

(1) This law applies to the determination of equivalence abroad Evidence of formal qualifications, taking into account other proven professional qualifications, and domestic training qualifications for occupations regulated by the Federal Republic of Germany, unless the relevant professional regulations determine otherwise. § 10 of the Bundesvertriebenengesetz remains unaffected.(2) This Act shall apply to all persons who have acquired a certificate of formal qualifications abroad and state that they wish to pursue an activity corresponding to their professional qualifications in Germany. Non-official table of contents

§ 3 Definitions

(1) Professional qualifications are qualifications obtained by training qualifications, Evidence of formal qualifications or relevant professional experience acquired abroad or domestised.(2) Proof of formal qualifications are certificates and evidence of formal qualifications issued by responsible bodies for the completion of a successfully completed vocational training.(3) Vocational training within the meaning of this Act is a vocational training or further vocational training regulated by law, regulation or administrative action. 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. Continuing vocational training extends the professional capacity to act beyond vocational training.(4) Bundeslegally regulated professions include non-regulated professions and regulated professions.(5) Regulated professions are professional activities, the take-up or exercise of which is linked to the possession of certain professional qualifications by law, regulation or administrative action; a form of exercise is, in particular, the management of a professional qualification. Professional title, which is restricted by laws, regulations or administrative provisions to persons who have certain professional qualifications.

Part 2
Determination of equivalence

Chapter 1
Non-regulated professions

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§ 4 Determination of the Equivalence

(1) The competent authority shall, upon request, establish equivalence, provided that
1.
of the training certificate acquired abroad is the competence to: comparable professional activities, such as the corresponding national evidence of formal qualifications, and
2.
between the proven professional qualifications and the
() 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 related to skills, knowledge and skills that are related to the content or to the background information the duration of the training is significantly different from the skills, knowledge and skills to which the relevant national training certificate relates,
2.
the skills, knowledge and skills that differ according to number 1 are essential for the exercise of the profession in question and
3.
the applicant or the applicant did not compensate for these differences by other evidence of formal qualifications or proven relevant work experience.
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§ 5 Documents to be submitted

(1) The application must be accompanied by the following documents:
1.
a tabular list of completed training courses and the work done in German,
2.
proof of identity,
3.
training evidence acquired abroad,
4.
Evidence about relevant work experience or other evidence of formal qualifications, if necessary to establish equivalence, and
5.
a statement that no request for equivalence has yet been made.
(2) The documents referred to in paragraph 1 (2) to (4) shall be 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 made 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 may invite the applicant or 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 necessary to establish equivalence.(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 within a reasonable period of time. .(6) The applicant shall, by means of appropriate documents, present the applicant or the applicant in order to pursue an activity corresponding to the professional qualifications in the country. 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. Non-official table of contents

§ 6 Procedure

(1) Eligible for application is any person who has a training certificate within the meaning of § 3 paragraph 2 has been acquired. 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 period referred to in paragraph 3 and the conditions for the commencement of the period of time. 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 must 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 term extension shall be justified and communicated in due time.(4) In the case referred to in Article 5 (4) and (5), the period referred to in paragraph 3 shall be inhibited until 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 request shall be rejected if the equivalence is already established under other procedures or by legislation. Non-official table of contents

§ 7 Form of decision

(1) The decision on the application in accordance with § 4 paragraph 1 shall be taken by written notice.(2) If the application is to be rejected because the determination of equivalence cannot take place on account of substantial differences within the meaning of Article 4 (2), the applicant's existing professional qualifications or the applicant's professional qualifications must also be justified on the grounds of the applicant's application. the applicant and the main differences between the existing professional qualifications and the relevant national vocational training.(3) The communication shall be accompanied by an instruction for appeal. Non-official table of contents

§ 8 Competent Authority

(1) A competent authority within the meaning of this chapter in a vocational education and training,
1.
governed by the Vocational Training Act for the non-trade trades sector, the Chamber of Industry and Commerce is;
2.
which is governed by the Craft Order, is the Chamber of Crafts;
3.
which is the The Vocational Training Act for Agriculture is the Chamber of Agriculture;
4.
which, according to the Vocational Training Act, covers the area of the administration of justice , in each case, the law of law, patent attorney and emergency chambers;
5.
according to the Vocational Training Act for the area of The audit and tax advisory services are, in each case, the auditor chambers and the tax advisory chambers;
6.
which, according to the The Vocational Training Act is regulated in the field of health services, in each case the doctors ', dentists', veterinarians 'and pharmacists' chambers.
(2) Insofar as there are no chambers for individual occupational areas referred to in paragraph 1 , the country shall determine the competent authority.(3) The highest federal authority shall designate the competent authority for professions in the public service of the federal government.(4) The country shall designate the competent authority in respect of the occupational areas not mentioned in paragraphs 1 to 3. The national governments shall be authorized in so far as the tasks provided for in this Chapter are to be transferred by means of a regulation to the authorities or chambers.(5) Competent bodies referred to in points 2 to 6 of paragraph 1 and paragraph 2 may agree that the duties assigned to them by this law shall be carried out by another competent authority in accordance with paragraphs 1 and 2. The agreement requires the approval of the respective supervisory authorities concerned.

Chapter 2
Regulated professions

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§ 9 Conditions of equivalence

(1) The decision on the power to take up or pursue a profession regulated domestically shall apply to the Evidence of formal qualifications acquired abroad, taking into account other proven professional qualifications, as equivalent to the corresponding national evidence of formal qualifications, provided that
1.
the training certificate acquired abroad has the ability to perform comparable professional activities such as the corresponding domestic training certificate,
2.
the applicant has the right to pursue the profession in the country of training in a regulated profession, both domestically and in the state of training , or the power to take up or pursue the profession in question has been refused for reasons that do not preclude the taking up or pursuit of the profession in the country, and
3.
There are no significant differences between the proven professional qualifications and the corresponding domestic vocational education and training.
(2) Key differences between the proven professional qualifications and the corresponding national vocational education and training, if
1.
is the evidence of formal qualifications acquired abroad to skills and knowledge which differ materially from the skills and knowledge in terms of content or duration of training to which the relevant national training certificate is
2.
The appropriate skills and knowledge are a key prerequisite for the exercise of the profession in question and
3.
the applicant or the applicant did not compensate for these differences by other evidence of formal qualifications or proven relevant work experience.
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§ 10 Determination of existing professional qualifications

(1) Insofar as the determination of equivalence is essential Whereas differences within the meaning of Article 9 (2) cannot be carried out in the case of a decision on the power to take up or pursue a profession regulated domestically, the existing professional qualifications and the main differences shall be compared with: of the relevant domestic vocational training by communication.(2) The communication also determines the measures in accordance with § 11 which can be used to compensate for the substantial differences in relation to the required national training certificate. Non-official table of contents

§ 11 compensatory measures

(1) Key differences within the meaning of Section 9 (2) can be achieved by completing a a maximum of three years ' adaptation period, which may be the subject of an evaluation, or the completion of an aptitude test in Germany.(2) In the design of the compensatory measures referred to in paragraph 1, account shall be taken of the existing professional qualifications of the applicant or of the applicant. The content of the compensatory measures shall be limited to the significant differences identified within the meaning of Article 9 (2).(3) The applicant has the choice between the completion of an adaptation period and the filing of an aptitude test, provided that the relevant professional regulations do not determine otherwise. Non-official table of contents

§ 12 Documents to be submitted

(1) For the purpose of evaluating equivalence, the application for inclusion or To apply the following documents:
1.
A tabular list of the training courses and the training courses carried out in the country. Gainful activities in German,
2.
proof of identity,
3.
abroad Evidence of formal qualifications acquired,
4.
Proofs of relevant professional experience and other evidence of formal qualifications, provided that they are used to determine equivalence ,
5.
in the case of Section 9 (1) (2), a certificate of entitlement to practise in the State of training and
6.
a statement that no request for equivalence has been made yet.
(2) The documents referred to in paragraph 1 (2) to (5) shall be the competent authority in the Form of originals or certified copies. Translations shall be submitted in German from the documents referred to in paragraphs 3 to 5 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 made 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 may invite the applicant or 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: it is necessary to evaluate the equivalence. 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 Training State.(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 Training State.(6) The applicant shall, by means of appropriate documents, present the applicant or the applicant in order to pursue an activity corresponding to her professional qualifications in the country concerned. 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. Non-official table of contents

§ 13 Procedure

(1) The assessment of equivalence in accordance with § 9 shall take place within the framework of the decision on the power to Take-up or exercise of a profession regulated domestically.(2) The competent authority shall confirm the receipt of the application, including the documents to be submitted in accordance with section 12 (1), within one month. The acknowledgement of receipt shall indicate the date of receipt by the competent authority and shall indicate the period referred to in paragraph 3 and the conditions for the commencement of the period of time. If the documents to be submitted in accordance with Article 12 (1) are incomplete, the competent authority shall inform the competent authority within the time-limit 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 must 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 term extension shall be justified and communicated in due time.(4) In the case referred to in Article 12 (4) and (5), the period referred to in paragraph 3 shall be inhibited until 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 technical law.

Chapter 3
Common rules

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§ 14 Other procedures for determining equivalence in case of missing evidence

(1) If the applicant or applicant is concerned, the applicant may Determination or evaluation of the equivalence required in accordance with § 5 (1), (4) and (5) or § 12 (1), (4) and (5) for reasons which are not self-justifiable or are only partially submitted or is the presentation of the relevant documents , the competent authority shall establish the professional skills, knowledge and skills of the relevant national vocational education and training systems, with an undue time and objective cost. the applicant or the 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 instead.(2) Other appropriate procedures for the identification of the professional skills, knowledge and skills referred to in paragraph 1 shall be, in particular, work samples, technical discussions, practical and theoretical examinations, and 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 other procedures provided for in paragraphs 1 and 2. Non-official table of contents

§ 15 Co-operative obligations

(1) The applicant is obliged to provide all the information required for the investigation of the To provide all necessary information and to provide all necessary information.(2) If the applicant or the applicant does not comply with the obligation to participate in the notification and is thereby made considerably more difficult to clarify the facts, the competent authority may decide without further investigation. This shall apply mutatily 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 a lack of participation, after the applicant or the applicant has been referred to the sequence in writing and the obligation to cooperate has not been complied with within a reasonable time. Non-official table of contents

§ 16 Legal Path

For disputes under this law, the administrative law path is given.

Part 3
Final Provisions

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§ 17 Statistics

(1) About the A procedure for determining equivalence in accordance with this law and in accordance with other professional laws and regulations shall be carried out by federal statistics.(2) Each year, the statistics shall cover the following survey characteristics for the previous calendar year:
1.
nationality, gender, date of application, place of residence of the applicant,
2.
training state, German reference occupation, or German reference training,
3.
date of decision, The subject matter and the nature of the decision,
4.
Notifications and decisions concerning the freedom to provide services in accordance with Article 7 (1) and (4) of Directive 2005 /36/EC of the of the European Parliament and of the Council of 7 On the recognition of professional qualifications (OJ L 327, 28.12.2005, 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), in its current version,
5.
filed appeals and decisions on it.
(3) Auxiliary features are:
1.
Name and address of the respondents,
2.
The name and telephone number and the address for electronic mail for the person available for inquiries.
(4) The survey obligation is mandatory 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 shall be required to provide information.(5) The data shall be transmitted electronically to the statistical offices of the Länder.(6) The Federal Government is authorized to do so by means of a regulation with the consent of the Federal Council
1.
To suspend the collection of individual characteristics, to prolong the periodicity and to limit the circle of persons to be interrogated, if the results are no longer or no longer required in the originally intended detail or frequency ,
2.
to introduce individual new features where this is necessary to meet a change in need for the purpose referred to in § 1 and by simultaneous Suspension of other characteristics an extension of the scope of the survey is avoided; cannot be introduced features that affect special types of personal data in accordance with § 3 paragraph 9 of the Federal Data Protection Act;
3.
to arrange the collection of features to the extent necessary for the implementation or implementation of European Community legal acts.
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§ 18 Evaluation and report

(1) On the basis of the statistics according to § 17, the federal government shall review after the expiration of four years after the entry into force of this Act, its application and impact.(2) The result shall be reported to the German Bundestag and to the Bundesrat. Non-official table of contents

§ 19 Exclusion of national law

From the § § 5 to 7, 10 and § § 12, 13 (1) to (4), § § 14 and 15 the provisions of the administrative procedure which have been adopted cannot be deviated by national law.