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Law On The Recognition Of Professional Qualifications (Vocational Qualification Law)

Original Language Title: Lov om godkjenning av yrkeskvalifikasjoner (yrkeskvalifikasjonsloven)

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Law of the approval of the professions (the professional fixations Act)

Date LAW-2017-06-16-69
Ministry of Ministry of Knowledge
Last modified
Published
Istrontrecation 01.01.2018 The King decides
Changing
Announcement 16.06.2017
Card title Occupational qualification law

Capital overview :

Chapter 1 Inleading provisions

SECTION 1. Law's purpose

Law's purpose is to add right for an occupational practitioner who is a citizen of an EDS state or Switzerland, can exercise their profession in Norway on equal line with an occupational practitioner who has acquired its professional qualifications in Norway, in accordance with the EES agreement Attachment VII and the Convention on the creation of the European Free Trade Association (EFTA Convention), jf. Directive 2005 /36/EF.

Trs in force 1 jan 2018.

SECTION 2. Lovens Scope

The law applies to occupational athletes with citizenship from an EDS state or Switzerland that will exercise a legislating profession in Norway, and who have acquired their professions or received these approved in another EEDS state or Switzerland. The law applies further to professions that are reauthored by the arrangement of European professional cards. The law applies with certain limitations also third-place citizens who are retaken by Directive 2004 /38/EF, jf. fourth clause.

For professions that are retaken by law 2. July 1999 # 64 about health personnel m.v. and law 15. June 2001 No. 75 about veterinarians and other animal health personnel, applies only Section 21 to 23. For citizens from Switzerland, Section 10, 11, 14, 19 first laughed at different periods and 20.

The law does not give the right to exercise professions within public government exercise. The law does not apply to publicly appointed nottars.

The Ministry can provide regulation on the citizens of an EDS state or Switzerland that has acquired its professions in a third country, and third-country citizens being retaken by Directive 2004 /38/EF.

Trs in force 1 jan 2018.

SECTION 3. Definitions

In this law means

a) legislregulated profession : one or more forms of occupational business that are subject to law or prescription requirements on specific professions, or where the use of a professional title by law or regulation is limited to the holder of a given professional qualification
b) professional fixations : qualifications confirmed by a qualification evidence, a cursproof or occupational experience
c) Qualifying evidence : testimony, attests and other documentation issued by a authority designated in accordance with laws or regulations in the person's Member State, and that documents a passing professional training as essentially acquired in an EEDS state or Switzerland
d) responsible authority : The authority or organ that is particularly beset to issue or receive qualification evidence and other documents or information, and to receive any applications and to make decisions as mentioned in this law
e) legiregulated education : education that is particularly aimed at the exercise of a specific profession and that includes one or more courses, optionally suppleted with occupational training, a practical trial or occupational practice whose level and structure is determined by law or regulation
f) professional experience : actual and legal exercise of the appropriate profession in other EDS state or Switzerland
g) trial : exercise of a law-regulated profession under the supervision of a qualified practitioner of this profession and optionally followed by reeducation
h) equity test : a sample bounded to the applicant's professional knowledge that is carried out by responsible authority in the host state with aim to assess the applicant's ability to exercise a legijudicial profession in mentioned EEDS state or Switzerland
in) Establisation state : the state where the occupational athlete is exercising or has practiced his profession
j) host state : the state where the occupational athlete has sought to exercise his profession either by temporary service performance or by establishing
k) home state : the state where the occupational athlete has acquired its professional fixations
l) European professional card : an electronic certificate documenting that the occupational athlete either meet all necessary conditions for temporary service performance in the host state, or approval of professional fixations for establishing in the host state
m) The interior market information system (IMI) : The EU's database of information exchange between responsible authorities in the EES states.

Trs in force 1 jan 2018.

Chapter 2. Temporary Service Performance

SECTION 4. The principle of free performance of services

An occupational practitioner who is legally established in another EDS state or Switzerland, and which has the right to exercise profession there, has the right to exercise the same profession temporarily in Norway.

The responsible authority can assess whether the occupational athlete shall be given partial access to a profession.

The Ministry can provide regulation on temporary service performance, herdunder the use of the law-protected title, information to service users and partial access to professions.

Trs in force 1 jan 2018.

SECTION 5. Pre-message

The first time the service is used in Norway, the responsible authority may require the occupational athlete to deliver a written advance message with its documents. The message is to be renewed every twelfth month of exceptions from the holder of a professional card, where renewal should happen after 18 months.

The Ministry can provide regulation on premessage content and requirements of what documents should follow with the premessage.

Trs in force 1 jan 2018.

SECTION 6. Control of qualifications

For professions that have consequences for public health or safety and who are not reauthored by automatic approval after Section 9 to 11, the responsible authority can control occupational health qualifications before they can exercise the profession in Norway.

The Ministry can provide regulation on the control of qualifications.

Trs in force 1 jan 2018.

SECTION 7. Case management for temporary service performance

The Court of Temporary Service Performance shall be decided without due stay and the latest within the deadlines set in the regulation given in the co-hold of this Act. If the responsible authority does not comply with the frianists, the occupational athlete can exercise the profession in Norway.

The Ministry can provide regulation on case management and case management deadlines for temporary service performance.

Trs in force 1 jan 2018.

Chapter 3. Establishment

SECTION 8. Conditions for approval-general arrangement

The Parrafen applies to the legislated professions that do not automatically be remade of automatic approval after Section 9 to 11.

An occupational practitioner who exercising a profession in another EPS state or Switzerland has the right to exercise a legislating profession in Norway on equal line with an occupational practitioner who has acquired its professional qualifications in Norway. The profession of the profession must have competency or qualification evidence that is required in other EDS state or in Switzerland to exercise the profession there.

The responsible authority can assess whether the occupational athlete shall be given partial access to a profession.

The Ministry can provide regulation on qualification levels, terms for approval following the general arrangement, exception from the paractment, requirements for trial and equity test and whether partial access to a profession.

Trs in force 1 jan 2018.

SECTION 9. Automatic approval on the basis of professional experience

If in law or regulation is set requirements for general, business or professional knowledge and skill in order to exercise a profession listed in attachment IV to Directive 2005 /36/EF, the occupational athlete may have the right to exercise the profession after an automatic approval. It shall be taken into consideration of the exercise of the profession in another EEDS state or Switzerland at the assessment of whether the requirements are met.

The Ministry can provide regulation on automatic approval on the basis of professional experience.

Trs in force 1 jan 2018.

SECTION 10. Approvals after joint training frames

An occupational practitioner who has a proof of professional qualifications acquired in another EPS state on the basis of joint training frames determined by directive 2005 /36/EF article 49a, has the right to exercise the profession in Norway on equal line of occupational athletes who have acquired its professions in Norway. This applies nonetheless only if Norway has introduced joint training frame for the appropriate profession.

The Ministry can provide regulation on joint training frames.

Tris in effect when the King decides.

SECTION 11. Approvals after joint training test

An occupational practitioner who has passed a joint training test in another ELS state as determined by Directive 2005 /36/F Article 49b, has the right to exercise the profession in Norway, on equal line of occupational athletes who have acquired their professional qualifications in Norway. This applies nonetheless only if Norway has introduced joint training test for the appropriate profession.

The Ministry can provide regulation on joint training test.

Tris in effect when the King decides.

SECTION 12. Requirements for documentation

A responsible authority can by the application of establishing require documentation for professional fixations.

The Ministry can provide regulation on the requirements of documentation on the application of establishing.

Trs in force 1 jan 2018.

SECTION 13. General case management deadlines

The application is to be treated without due to stay and the latest within the frienlists that are set in regulation given in the co-hold of this law.

Individuals hit with home in this law or lack of decision, can be incurred by the rules of the Management Act chapter 6.

The Ministry can provide regulation on case management and case management deadlines.

Trs in force 1 jan 2018.

Chapter 4. Case processing rules

SECTION 14. European professional card boards

An occupational practitioner has since application the right to obtain a professional card for the professions that are reauthored by the arrangement.

The application is to be treated without due to stay and the latest within the frienlists that are set in regulation given in the co-hold of this law.

The responsible authority shall take advantage of IMI in connection with the application and treatment of professional cards.

The Ministry can provide regulation on which professions are affected by the arrangement, issuance, case management and case management deadlines for professional cards.

Tris in effect when the King decides.

SECTION 15. Language knowledge of the legislated professions

The profession of the profession shall have the language skills in Norwegian that are necessary to exercise the law-regulated profession.

The Ministry can provide regulation on the requirements of and control of language skills.

Trs in force 1 jan 2018.

SECTION 16. Use of academic title and professional title

An occupational practitioner approved after this law shall have the right to take advantage of the home state's academic title.

Is the professional title protected in Norway, the occupational athlete can be approved by the law, use the professional title and any abbreviations that apply in Norway. If the occupational athlete has only gained partial access to a profession, the occupational athlete must take advantage of the home state's professional title.

The Ministry can provide regulation on the use of academic title, professional title, and exception from the rule.

Trs in force 1 jan 2018.

SECTION 17. Online application

An occupational practitioner can apply for approval via the responsible authority or contact point after the service law. The contact point sends the application immediately to the responsible authority. The profession of the profession can choose to submit application electronically or per mail.

The Ministry can provide regulation on electronic application.

Trs in force 1 jan 2018.

SECTION 18. Commaking

Single-pass hit with home in this law can be scratched by the rules of the Management Act chapter VI. The same applies if the decision has not been met within the friansts who are set with home in this law.

Trs in force 1 jan 2018.

Chapter 5. Administrative regulations

SECTION 19. Administrative cooperation

Responsible authorities in Norway will cooperate with other responsible authorities in the EPS in connection with the approval of professional qualification. The responsible authorities shall take advantage of IMI.

Responsibility authorities shall exchange information on disciplinary and criminal sanctions that will have consequences for the exercise of the profession. This applies without the obstacle of the statutory privilege in the Management Act Section 13.

The Ministry can provide regulation on administrative cooperation on establishing and temporary service performance.

Trs in force 1 jan 2018.

SECTION 20. The notification-liked for responsible authority

The responsible authority shall within three days notify the responsible authorities of all other EDS states whether an occupational practitioner has been given limited the right to exercise the profession of national courts, both temporarily and permanently. This applies to occupational athletes who exercise a legirial profession with training of minors, herduring kindergarten.

The commodity duty also applies to where an occupational practitioner that performs any profession reauthored by this law has become the field of sentencing for use of false documents.

The duration of the bill applies without the hurdle of the legislator in the Management Act Section 13.

The Ministry of Justice can in regulation determine which professions are retaken by the notification of the notification-liked by this law, the content of the notification and the clageout.

Tris in effect when the King decides.

SECTION 21. Online information

The contact point after the Service Act shall have the following information available electronically :

a) list of the legislated professions in Norway with responsible authorities
b) list of professions where it can be issued European professional cards
c) list of professions where pre-approval is required to provide the service temporarily
d) list of the legislated eductions
e) requirements and procedures related to the approval of professional fixations herunder overview of fees
f) information on the clawn access.

The Ministry can provide regulation on electronic information.

Trs in force 1 jan 2018.

SECTION 22. Coordinator

The Ministry is coordinating the completion of Directive 2005 /36/EF with subsequent changes. The Ministry can provide further regulations on coordination tasks.

Trs in force 1 jan 2018.

SECTION 23. Assistanents

The Assistance Center shall guide occupational athletes and assimilation centers in other EDS states by approval of professional quality fiction.

Responsibility authorities should cooperate with the assistance center and upon request provide information on individual cases without the obstacle of the statutory privilege in the Management Act Section 13.

The Ministry can provide regulation on the assistance of health care and tasks. The Ministry is determining which organ is supposed to be assisting.

Trs in force 1 jan 2018.

SECTION 24 Statistics

The responsibility of the government receiving or hitting decision after this law shall once a year enberating statistical information. The Ministry can provide regulation on information that is to be enriched and form of the acquisition.

Trs in force 1 jan 2018.

Chapter 6. Closing provisions

SECTION 25. Istrontrecation

The law applies from the time 1 The king decides. The individual provisions of the law can be placed in effect until different time.

1 From 1 jan 2018, with the exception of Section 10, Section 11, Section 14 and Section 20, ifg. res. 16 June 2017 # 756.