Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Professional Qualifications Authority Act

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. MESLEKÎ YETERLİLİK KURUMU KANUNU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5544.html

Law No. 5544

Acceptance Date: 21/09/2006


PART ONE Purpose, Scope and Definitions Purpose and scope

Article 1 (1) The purpose of this Act; Based on national and international professional standards, technical and vocational areas to determine the principles of national competence; control, measurement and evaluation, certification and establish the necessary national qualifications systems to carry out activities related to certification and the establishment of a Vocational Qualifications Authority to operate, with the determination of working principles and procedures to ensure the regulation of issues related to national qualifications framework.
(2) the doctors, dentistry, nursing, midwifery, pharmacy, veterinary medicine, engineering and architecture professions and occupations that are at least at the undergraduate level that requires learning and regulated by law occupational entry requirements are outside the scope of this Act.

Definitions Article 2 (1) the implementation of this Act;
A) The Ministry of Labour and Social Security Ministry,
b) Minister of Labour and Social Security Minister,
c) Institution: Vocational Qualifications Authority,
d) National Vocational Qualification System: Technical and vocational training standards and the development of this standards-based qualification, implementation and authorization relating thereto, control, measurement and evaluation, certification and rules, and activities related to certification
d) the national qualifications framework: designed to be compatible with the qualification of principles adopted by the European Union and the first, including secondary and higher education, technical and vocational education / formal teaching programs, common and based on the consent of the relevant institutions program to gain the qualification principles,
e) National occupational standards: in order to be executed by the success of a profession by the Authority adopted, the necessary knowledge, skills, minimum norms that shows what the behavior and attitudes,
f) accredited institutions: Turkish accreditation agency or the European Union and multilateral recognition agreements accredited from signed accrediting bodies, personnel certification bodies and organizations,
g) education and training institutions including: general secondary and higher education, technical and and non-formal educational institutions mesh with vocational schools and outside them, offering permission from the various programs and vocational qualifications winning organizations all means
.

SECTION
Vocational Qualifications Authority, the Authority Duties and Powers of the Organs
Vocational Qualifications Authority
Article 3 (1) The CML fulfill the tasks and the Law on be subject to special legal provisions other than those mentioned for public legal entity, with administrative and financial autonomy and special budget Vocational Qualifications Authority was established. NEC is the short name of the institution.
(2) The Corporation is a subsidiary organization of the Ministry.
The duties and powers
Article 4 (1) the Authority's duties and powers are as follows:
a) preparing annual development plans for the national vocational qualification system to develop, implement do or make, to check; make arrangements for them.
B) Standards will be determined to identify the profession and to identify institutions that will prepare these standards.
C) 2547 Higher Education Act subject to technical and vocational education in the higher education institutions to ensure appropriate education and training to the national occupational standards by the Higher Education Council; secondary level in vocational and technical education training institutions to cooperate with the Ministry of Education to ensure appropriate education and training to the national occupational standards.
D) based on national occupational standards, technical and vocational areas to determine the principles of national competence.
D) The national vocational qualifications in the field of education and training institutions and programs to determine which institutions will be accredited. scope
e) examination and certification system; to determine qualification certification exam in authorized institutions and ensure that those who are successful receive a certificate.
F) who wish to work in Turkey to determine the accuracy of the vocational qualification certificate owned by foreigners.
G) develop according to national vocational qualification standards and technology developments in the world, to raise their qualification standards and ensure international recognition.
I) determine the necessary competence to ensure horizontal and vertical transitions between vocational fields and sectors.

H) To cooperate with similar organizations and institutions in other countries, buying services, develop and implement projects, education, research, conferences, seminars and publications.
I) promote and encourage lifelong learning.
I) do any other work in its activity area.

Agency's bodies Article 5 (1) the Authority; The General Assembly is composed of the Board of Directors and service units.

General Assembly Article 6 (1) The General Assembly is the organization's highest decision-making body, is composed of the following members:
a) two members from the Labour and Social Security Ministry.
B) Three members from the Ministry of National Education.
C) a member of the Ministry of Finance.
D) a member of the Public Works and Housing Ministry.
D) a member of the Ministry of Health.
E) a member of the Ministry of Agriculture and Rural Affairs.
F) a member of the Industry and Trade Ministry.
G) a member of the Culture and Tourism Ministry.
I) of the University labor economics, business, and three faculty members will be determined by the Higher Education Council of the areas related to vocational training.
H) a member of the Undersecretariat of State Planning Organization.
I) a member of the European Union General Secretariat.
I) Turkey is a member of the Employment Agency.
J) Small and Medium Industry Development Organization is a member of the Presidency.
K) a member of the Turkish Standards Institute.
L) Turkey Union of Chambers and Commodity Exchanges of four members.
M) Turkey Confederation of Tradesmen and Artisans of the four members.
N), a member of the Union of Chambers of Turkey.
O) a member of the Association of Travel Agents of Turkey.
D) a member of the Turkey Exporters Assembly.
P) members with a maximum of two of the three trade union confederations are members.
R) members with a maximum of three members of the confederation of employers and trade unions.
(2) of the General Assembly members, facing the Higher Education Council except public institutions and representatives of institutions or organizations connected or related, faculty Council of Higher Education, the professional organization representatives in the nature of public institutions shall be appointed by the governing bodies. General Assembly members serve for three years. reappointed members whose term of office. Appointments are made to the same procedure for any reason within one month to complete the remaining term for the vacant position.
(3) The General Assembly meets in regular October each year. The General Assembly, at the request of five of its members or the Board may be called to an extraordinary meeting at the request of the Board. The quorum for the ordinary and extraordinary General Assembly is a simple majority of the total number of members. If the majority is not required at the second meeting of a majority in the first meeting. The General Assembly quorum is absolute majority.
(4) The General Assembly elected a president from among its members and managed by members of the Presidency Council, consisting of two clerks.

General Assembly duties Article 7 (1) of the General Assembly duties are:
a) elect the members of the Board.
B) the budget prepared by the Board of Directors to accept the same or changing.
C) Management of the previous year's annual report of the Board to decide on the work program for the next year and in consultation financial reports.
D) to acquit the Board of Directors.
D) Management Board will be proposed to approve the planning staff.
E) the letting of immovable required by the Authority or authorize the Board of Directors concerning the purchase.
F) if necessary to be a member of international organizations and the Authority to authorize the Board of Directors regarding representation in international organizations.
G) Members to determine the amount of the fee.
I) to perform other duties assigned by law.

Board Article 8 (1) The Board of Directors is the executive body of the Authority. Board, one regular and one alternate member of the Labour and Social Security Ministry, one regular and one alternate member of the Ministry of Education, one regular and one alternate member of the Higher Education Council, one regular and one alternate member of the public institution in the nature of professional organizations, one regular and one alternate member of the trade union confederations and one regular and one substitute member is elected by the General Assembly for a total of six main and six alternate members of the trade union confederations of employers' representatives.
(2) The term of office of Board members is three-year mandate has expired may be elected again. The Board of Directors by simple majority from among its members elect a chairman and a deputy chairman.

(3) Board to be elected member of the Board, 657 Civil Servants Law of Article 48 (A) of paragraph (1), (4), (6) and (7) number to move the requirements specified in sub-paragraph and within the Agency's activities sufficient knowledge of the subject and it is essential to have at least ten years of professional experience.
(4) before the term of office of Board members for any reason it can not be the end of the mission. However, the conviction of the rights due to crimes committed in connection with their assigned missions with law finalized who and disease for more than six months, accidents or any other reason the task which the incapacitated or tenure of could not continue to serve the remaining part of the six-month full-fledged's waiting to be taken to a hospital committee report is approved by management of those ends without any processing Board membership.
(5) a valid excuse, without the participation of a total of three meetings in a calendar year or attend a meeting and to vote against the signing of the duration of the state Board decision to use or to vote against the burning of the time the reason members of the Board shall be deemed to have withdrawn from membership. This will be determined by the Board of Directors.
(6) alternate members of the vacancy in case of a vacancy in the Board of Directors to fill the vacancy and complete the remaining term of office of members it fulfilled.
(7) The Board of Directors at least once a week in the date set by the President, and calls upon the written request of one or three members of the Board Chairman may convene at any time. In the absence of the President meetings are chaired by the deputy chairman.
(8) The Board of Directors convenes with a simple majority of the total number and shall take decisions by an absolute majority of those present. In case of equal votes the vote of the President's decision shall be deemed granted.
(9) Board members, except for the discharge of the Board of Directors can vote in the General Assembly.

Duties of the Board of Directors Article 9 (1) The duties of the Board are:
a) Occupation develop standards, testing and applications in order to examine the application of the organizations in the certification activities and to finalize.
B) by determining the standard of practice of the profession to determine testing and certification to be made.
C) Things will be awarded to the success in the examinations to confirm the Certificate of Competency Vocational Qualifications Authority.
D) to examine the draft regulations prepared by the Agency to forward to the relevant authorities to be published.
D) the previous year's annual report of the institution, the next year's work program, with financial reports and personnel planning to submit to the General Assembly's approval to prepare the budget.
E) to decide on the formation of the service unit.
F) within the framework of relevant legislation, the recruitment of its staff, dismissal, be promoted, awarding and similar savings are employed by the company, salary, per diem, by setting principles related to financial and social rights to the General Assembly.
G) Preparation of the occupational standards, testing and certification practices to ensure conformity with international norms.
I) decides to open offices or representative offices outside Ankara, if deemed necessary or relevant organizations and institutions to authorize the issue of the Institute's activities.
H) organization's duties regarding needed research on topics, white papers, studies, projects and the provision of all kinds of goods and services related jobs, such as domestic and to make foreign real and legal persons and the decision to purchase goods and services related to this topic give.
I) Complaints and objections analyzed to determine the principles and procedures.
I) perform other duties given by the General Assembly.
Services
units Article 10 (1) Corporate Service Units; It consists of consultations with the main service units and supporting units.

Home service units Article 11 (1) The main service units of the Authority are:
a) Professional Standards Department.
B) Testing and Certification Department.

Professional Standards Department Article 12 (1) Professional Standards Department of the duties are as follows:
a) the professional standards to determine the procedure to be followed in the development.
B) standard to improve, update, examine the applications made by the Authority to develop standards to connect and review the results of the report.
C) Job criteria set by the authorized organization working to develop standards to connect to the report by monitoring whether it is appropriate.

D) conduct research related to the development of professional standards, to the publication, in the framework of the system data obtained as a result of the application to identify required changes.
D) to perform similar duties and tasks assigned by the President stipulated by the legislation.
Testing and Certification Department
Article 13 (1) Testing and Certification tasks of the Department include:
a) Examination questions in the creation of the bank and test and develop methods to be used in the certification work.
B) Examination questions to establish the bank, to update, test and examine applications made by the Authority to engage in certification activities and results of the investigation to connect to the report.
C) the work of approved institutions to conduct examination and certification to connect to the report by monitoring whether it is appropriate to set criteria.
D) conduct research related to the study subject to the publication, in the framework of the system data obtained as a result of the application to identify required changes.
D) to perform similar duties and tasks assigned by the President stipulated by the legislation.

Consulting and Supporting Units ARTICLE 14- (1) The Agency's advisory and support service units include:
a) Legal Counsel.
B) Administrative and Financial Affairs Department.

Legal Counsel Article 15 (1) The duties of the Legal Counsel are:
a) The Presidency and the legal with the legal issues asked of the other departments, financial, administrative and criminal actions that may lead to express an opinion about the results.
B) to protect the interests of the institution, legal disputes take timely preventive measures, the agreements and contracts to assist in accordance with these principles.
C) The Authority requested or opinion prepared by the Organisation laws, rules and regulations outline their views by examining the legal aspects.
D) judicial courts in enforcement by administrative proceedings, referees, enforcement of the apartment with other related authorities, litigation and enforcement work to represent the Authority.
D) given by the President and perform similar duties prescribed by the legislation.
Administrative and Financial Affairs Department
Article 16 (1) Administrative and Financial Affairs Department of the duties are as follows:
a) Authority's advice, personnel, information technology, accounting, execute documentation and related activities.
B) to perform similar duties and tasks assigned by the President stipulated by the legislation.
(2) Apartment presidency acts as its President.

Authorized representative Article 17 (1) Institutions, Chairman of the Board, represented by the absence of vice chairman.

President ARTICLE 18 (1) is the Chairman of the Board Chairman of the Authority.
(2) The President of the Authority for the implementation of corporate services and is responsible for coordination between all the units.
(3) The President of the 657 Civil Servants Law of Article 48 (A) of paragraph (1), (4), (6) and (7) the number specified in subparagraph terms of transport and to have at least a bachelor's degree education, the institution on matters within the scope is sufficient information and must have at least ten years experience. The duties and powers of the President

Article 19 (1) of the duties and powers of the President are:
a) to prepare the agenda of the Board meeting and report to the Board members.
B) ensuring the publication and notification of the decision of the Council, to ensure the fulfillment of the requirements of this decision and to monitor implementation.
C) giving the final shape to the proposals of service units to provide the Board of Directors.
D) of the Corporation's strategy, in accordance with the aims and objectives, to prepare the annual budget and financial statements of the Corporation.
D) compatible with the service units, efficient, disciplined and organized way to make it work.
E) To prepare annual reports, goals and objectives, to evaluate the activities according to performance criteria, to make and to present them to the Board.
F) strategy in the field of activity of the organization, policies, and institutions working on related legislation and employee performance evaluation criteria and do.
G) conducting the institution's relations with other organizations.
I) Management institutions to assign the personnel other than those required to be appointed by the Board.
H) signing on behalf of the President to determine the duties and powers of the personnel.
I) to perform other tasks in administrative matters.
(2) The President, some of his duties and powers of the Board are not clearly specify the limits and subject to written may delegate to the lower levels.
PART THREE

Sector Committee, Standards, Training, Testing and Certification
Sector Committees
Article 20 (1) the institution designated by the institutions and their organizations in the drafting professional standards necessary inspection to be accepted as a national professional standards Management to present to the Board for approval to sector committees established.
(2) Sector Committees Ministry of National Education, Ministry of Labour and Social Security, the Higher Education Council, other ministries related to the profession, workers 'and employers' organizations, professional organizations and is composed of a representative of the Authority. In addition, faculty members from the relevant departments of the university study may be invited as consultants.
(3) The principles and procedures regarding the establishment and operation of the sector committees are determined by regulation. preparing and putting into force of the national occupational standards

Article 21 (1) professional standards, is prepared to organizations and institutions appointed by the Authority. Professional standards, must be in accordance with international documents related to vocational qualification levels. These standards are reviewed by the committee and appropriate sector which is given to the Presidency to be presented to the Board.
(2) professional standards approved by the Board of Directors awarded the national vocational qualification standards after the publication in the Official Gazette.
(3) professional standards in force a re-evaluation of the latest five years. occupational standards are necessary, renewed according to the standard preparation procedures. adoption of amendments and the issuance is subject to the procedures specified in the second paragraph.

Exam Article 22 (1) Vocational qualification level personnel authorized by the Authority will be performed by certification bodies and institutions is determined by examination.
(2) the principles and procedures related to theoretical exam will be exempt from professional examination and individuals will be issued by the Authority is determined by a regulation.

Certification Article 23 (1) approved by the Authority will be opened to show success in the examinations are given vocational qualification certificate or certificate indicating the level. In a regulation on principles and procedures.
SECTION IV Conditions of Appointment of Staff, Status and Financial Rights
staff appointment conditions and status
Article 24 (1) Corporate Services business legislation to help professionals who are employed in accordance with the provisions of experts and other personnel carried out by hand.
(2) the number of staff to run the institution and position titles shown in the attached table. on the recommendation of the President to make the distribution of those titles to the units concerned authorized the Board of Directors. Employees of the title and number of the amendments but not to exceed half the number of available positions, the Council of Ministers shall decide upon the proposal of the Board's decision and the relevant minister.
(3) Management in accordance with the regulations to be issued with the approval of the Board can be employed foreign experts.
(4) Corporate staff of 657 Civil Servants Law of Article 48 (A) of paragraph (1), (4), (6) and (7) the number was lower qualifications required by the conditions laid down by the Authority aim in paragraphs transport are mandatory.
(5) staff in managerial positions in addition to the above-mentioned conditions; law, political science, economics and administrative sciences, architecture and engineering schools with vocational and technical education faculties from domestic or Higher Education Board equivalence schools or high schools abroad have been accepted at least four years of higher education, having sufficient knowledge and experience in professional terms and the President's proposal at least five years of experience with people from the profession and is appointed with the approval of the Board of Directors. Other staff are appointed by the President.
(6) to run the institution and experts have to bear the conditions laid down in the fifth paragraph of education experts. proficiency test of experts and assistants, qualifications and working procedures and other matters related to the principles specified in the regulation to be issued by the Authority.
(7) Corporate staff, in terms of pension and social security, dated 17/7/1964 and No. 506 is subject to the Social Security Act.

(8) The Chairman of the Board, while a public servant ends his relationship with other institutions of the chosen people. When the task in the organization except those to prevent the return to public office ends, is assigned within one month to an appropriate position on the status of staff or other institutions. The institution of the President returned to the former institution in accordance with this paragraph, the services acquired rights are considered in the monthly rankings and grades. The provisions relating to the acquisition of academic titles are reserved.
(9) Agency in personnel not be assigned to other public institutions.

Economic rights Article 25 (1) President, administrative staff and other personnel costs, financial and social rights; ministry not to exceed the payments made to the general manager, it is determined by the decision of the General Assembly's approval of the Board of Directors.
(2) Chairman and member of the month for each meeting and not more than four to which public office Uhde (2000), the indicative figure, vested in the those without public office (3000) index figure of the servant of peace in the amount found by multiplying the monthly coefficient the right to be paid. CHAPTER FIVE

Revenues, Expenses, Budget and Control

Revenues
Article 26 (1) revenues of the Authority are:
a) Authority to the General Assembly submitted by the General Assembly in the budget of the Article 6 of the equally determined fee for General Assembly members of organizations and institutions mentioned in the first paragraph.
B) the institution at national or international level will be taken in respect of services provided to natural or legal persons fees.
C) the organization, examination and certification activities to be taken against the applicants expense allowances.
D) professional standards, examinations and accredited Institution that wants to provide services in the field of certification bodies to be taken from annual dues. The annual fees are the highest civil servant salary (including additional indicator) shall not exceed thirty times determined by the Board and Management.
D) the publication, copyright, trademark and licensing fees will be taken from.
E) Corporate income derived from the assessment of income. Expenses

Article 27 (1) The expenses of the Authority are:
a) Personnel expenses.
B) Management Board attached to the decision, knowledgebase, software, hardware and communication costs such as investment.
C) professional standards, examinations and fees paid to organizations providing services in the field of certification Authority.
D) movable and immovable purchase, hire, transport, electricity, water, telephone and administrative expenses such as fuel.
D) Order consultancy expenses to be taken.
E) Printing, publishing and advertising expenses.
F) domestic and international meetings, conferences, seminars, study visits expenses.
G) domestic and international membership fees related to the activities of the Agency on behalf of the Authority.
I) Training, education and scholarship expenses.
H) other expenses related to the realization of corporate activities.

Budget Article 28- (1) The Authority is essential to meet the expenses of their income. Corporate income is kept in a bank account to be opened. This account of the income not spent by the end of the year after the money transferred to the account of the Agency reported the Ministry of Finance revenue next year and the subsequent General Assembly membership fees are determined taking into account the revenue.
(2) The Corporation's income, any tax and real property transactions, duties and levies are exempt.

Control Article 29 (1) The Corporation is subject to control in terms of the Law Court No. 832.

Regulations Article 30 (1) The regulations stipulated in this Law shall be put into effect within six months.
CHAPTER SIX

Amended, Provisional and Final Provisions
Article 31 (1) 5018 dated 10/12/2003 and addition of Public Financial Management and Control Law (II) of the schedule section (B) of the following phrases It was added.
"30- Vocational Qualifications Authority"
PROVISIONAL ARTICLE 1- (1) within fifteen days after the entry into force of this Act by the Ministry to carry out the action to be taken by the organization's first General Assembly, a working group will be created. The working group will make the necessary preparations for the General Assembly to the Ministry within three months.
PROVISIONAL ARTICLE 2 (1) before the entry into force of this Act, documents acquired pursuant to the Vocational Education Act of 3308, if they apply within three years of having to be determined under this Act is replaced with equivalent documents and certificates.

Enforcement ARTICLE 32- (1) This Law shall enter into force on the date of publication.

Execution ARTICLE 33- (1) This Law shall be enforced by the Council of Ministers.






Established THE CHART POSITIONS

POSITION TITLE NUMBER
- President of the Authority 1
- Professional Standards Department Head 1
- Testing and Certification Department Head 1
- Counsel 1
- Administrative and Financial Affairs Department Head 1
-
Professionals 25 - 20
Assistant - Experts (Foreign) 10
-
statisticians 5 - Computer Programmer 4
-
analyzer 4 - Computer Operator 2 | || - Secretary of 5
-
TOTAL 90 10 Office Assistant