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THE GOVERNMENT.
Number: 31 /2015/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 24, 2015
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DECREE
The detailed regulation of some of the rules of evaluation law,
National skills certificate.
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Government Law Base December 25, 2001;
Employment Law Base November 16, 2013;
At the suggestion of the Minister of Labour-Trade and Social Affairs;
The government issued a decree regulating the implementation of some of the provisions of the Law on evaluation, national skills certification.
COMMON RULES
1. This decree specifies the details of the execution of paragraph 4 Articles 31 and paragraph 2 Article 35 of the Law of Employment, Organization, and evaluation activities, national occupational skills certification and the portfolio of work directly affecting the health of the individual. Workers or communities must have a national skill certificate.
2. The case of an international treaty that the Socialist Republic of Vietnam is another regulated member with the regulation of this Decree on the evaluation, the certificate, or the level of certification of the skill or capacity for the worker to follow the procedure. It ' s the international convention.
3. Direct impact on the safety and health of the individual worker or community belonging to the industry, the profession required to have a certificate or a license permit stipulated in other existing laws that follow the provisions of the law. That law and the provisions of this decree.
1. The organizations evaluate the profession; you labor to participate in the assessment, the level of national skills certificate.
2. employers who use employers as work-portfolio jobs directly to the health safety of workers or communities must have a national skill certificate.
3. Agency, organization, other individuals are involved in the implementation of the regulations at this Decree.
ASSESSMENT, ORGANIZATION, AND EVALUATION ACTIVITIES,
NATIONAL SKILLS CERTIFICATE LEVEL
Item 1
CONDITIONS, JURISDICTION, SEQUENCE AND PROCEDURE LEVEL CERTIFICATION
ASSESSMENT ACTIVITIES, NATIONAL SKILLS CERTIFICATE LEVEL
What? 3. Level certification of certificate activity, National Vocational skills certificate
The organization is granted a certificate of evaluation, granting a certificate of national skill to ensure the following conditions:
1. On the basis of material, equipment:
a) There is a physical basis (specialized room, engineering and home, workshop, facet) and equipment (media, equipment, tools, industrial tools and measurement vehicles) according to the basis of facilities, the site of national skill evaluation equipment for each of the individual companies. work by the Ministry of Labor-Trade and Social Affairs, the guarantee corresponds to the number of participants evaluated, the national vocational skills certificate (later abbreviated as attendees) in a professional knowledge examination, the technique (later abbreviated as "the"). examination of knowledge) or test of job practice and labor safety processes, labor hygiene (the following the abbreviation is the real test). on) at a skill level of each profession implementation at the same time;
b) There is an observation device system, visual surveillance, audio connected to the Internet, ensuring the observation, monitoring, monitoring of all activities taking place in the process of carrying out knowledge testing and testing practices. work and work safety procedures, the participants ' labor hygiene;
c) There is a private electronic information page that guarantees workers to be able to register for assessment, online national skills certification.
2. On the direct workforce that performs the assessment of the occupiers ' vocational skills:
For each skill level of a profession, there are at least 03 (three) who are appointed by the prescribed authority at Article 12 of this decree granting the National Vocational skills tag (later abbreviated as an assessment card), which has at least 01 per person. (one) the official working person at the organization assessment skills.
What? 4. Certificate of assessment activity, National Vocational skills certificate level
1. Certificate of assessment activity, National Vocational Certificate (later abbreviated as certificate certificate) must be specific to a career name and skill level of each profession to be performed in evaluation, national skills certificate level.
2. Minister of Labor-Trade and Social Affairs issued a certificate of certification and document samples of the file offering certification.
What? 5. Level certificate authority
The Ministry of Labor-Trade and Social Affairs is the agency with the authority to grant, grant, supplement, reorder, suspend the operation and recover the issued certificate.
What? 6. Profile, sequence, certificate level procedure
1. The filing of the certificate level certificate:
a) The organization ' s proposed text contains a copy of the decision to establish that organization due to a competent authority or corporate registration certificate;
b) The proof of the response to the conditions specified in Article 3 of this decree.
2. The sequence, procedure:
a) The organization has the need to grant a certificate of direct deposit or via postal route 01 (one) the filing order filing a certificate of certification to the Ministry of Labor-Trade and Social Affairs;
b) For a 15-day period of work, since the date of receiving sufficient provisions at this 1 Article, the Ministry of Labor and Social Affairs have the responsibility to examine the records and issued certificates; the ungranted case must respond in writing and specify the reason.
What? 7. Profile, sequence, change procedure, supplement, document-level certificate
1. The organization of organizational skills evaluations to change, add a career name, skill level, or when changing the address to the headquarters, changing the name, the organization evaluations the skill to send directly or through the postal route 01. (a) the filing proposal for change, the addition of certificates issued to the Ministry of Labor-Trade and Social Affairs. The profile consists of:
a) The proposed text of the organization's skill rating;
b) The document is related to the change content, the corresponding addition;
c) The certificate has been issued.
2. The case with a loss of certificates or certificates of damage, failure due to a tear, an organization that evaluations the skill to send directly or via postal route 01 (one) the case provides a certificate of certification to the Ministry of Labor-Trade and Social Affairs. The profile consists of:
a) The proposed text of the organization's skill rating;
b) The certificate has been issued, except where the certificate has been issued.
3. In the 10-day period of work, since the date of receiving the case of the specified cases at Clause 1 and Clause 2 This, the authority has the authority to take responsibility for examination of the records and issued certificates; the ungranted case is written and written. I don't know why.
What? 8. The temporary suspension is active or revoked the certificate.
1. The organization evaluations of the temporary profession of occupational skills only operates to 06 (six) months in the following cases:
a) At the time right before the implementation of the evaluation, the national occupational technician level, no longer meets one of the conditions specified in Article 3 of this decree;
b) As a result of the results of the knowledge test, the results of the participant's practice examination or the non-retention of these results follow the rules of the law on storage.
2. The organization evaluations of the vocational skills revoked certificates in the following cases:
a) Fake content in the profile to be granted a certificate;
b) There are interventions that deviate from the results of knowledge testing, the results of the participants ' practice examination;
c) Assume the results test results, the results of the practice test for the person who did not attend or recommend granting a national skill certificate to the non-attending;
d) No assessment operation, national occupational skills certification for the 24-month term, since the date of the certificate of certification;
Too long time the suspension of the operation did not proceed with unfulfilled remedied or remediation measures required by the competent authorities;
e) Due to the merger, merge with another organization; being dissolved, bankrupt or terminated in accordance with the rule of law.
3. During the 10-day period of work, since the date of the conduct of the breach specified in Clause 1 and Clause 2 This, the Ministry of Labor-Trade and Social Affairs must decide on a temporary suspension only or revoking the issued certificate.
4. For a 30-day period, since the day the suspended is only active or revoked for certification, the organization evaluations of the occupational skills are responsible for addressing the rights and obligations to organizations, individuals involved.
What? 9. Release certificate issuing certificate
In the time of 3 (three) working days, since the date of the degree, the grant, the parole board only works or revoking the issued certificate, the Ministry of Labor-Trade and Society must inform on the agency ' s electronic information page of information about the assessment organizations. Skills have been issued, issued or suspended for action, revoked certificates.
What? 10. Rights and obligations of the organization assessment skills skills
1. The Rights of the Organizational Skills Assessment:
a) To be held for test of knowledge tests, the practice test was used at the previous national vocational skills assessment at the request of the worker;
b) It is linked to other organizations by law to ensure the conditions of the facilities, the equipment for evaluation, the granting of national skills to the participants;
c) Being collected for rent, equipment, and money purchasing supplies, raw materials, fuels that provide attendees to use when performing the exam at a price level according to market mechanics;
d) Be involved in international co-operation activities on evaluation, granting national skills as a law.
2. The obligation of the organization to evaluate the profession skills:
a) Building a plan and organization that performs the evaluation, level of national skills certification for each profession and each degree of skill; providing information about evaluation activities, national vocational skills certification on private electronic information pages. of the organization and is responsible for the information provided;
b) The organization receives and manages the registration record attendance assessment, the national occupational technician level of the worker;
c) Preparing full of supplies, raw materials, fuels, materials that correspond to the number of participants at each level of national skill assessment according to each profession and each degree of skill;
d) Set up the judges and facilitate the jury, the organization that carried out the task;
Ensuring safety and coordination with organizations, individuals who are involved in handling incidents that occur during the course of the evaluation, national skills certificate level;
e) Provide tools, devices that are used when performing tests for attendees with a need to borrow or rent and to express the price of hiring instruments, devices;
g) Pass through the post or directly exchange of a national vocational skills certificate provided by the competent authorities at Clause 2 Article 26 This decree grants attendees to the request; save attendance records and results assessment of the country ' s national skills assessment. workers according to the rules of the law of storage;
h) Accept and carry out the reporting of the 6th (six) months and every year or stroke in accordance with the guidelines of the Ministry of Labor-Trade and Society;
i) Perform other tasks prescribed at this Decree and other provisions of the relevant legislation.
Item 2
CONDITIONS, JURISDICTION AND SEQUENCE, PROCEDURE PROCEDURE,
NATIONAL SKILLS ASSESSMENT CARD LEVEL
What? 11. National occupational skills assessment card
1. The person who is given a national skill skill rating card when there is enough of the following conditions:
a) There is a full power of the people;
b) The response to one of the conditions of skill, expertise, regulatory experience at the 2, 3, 4, 5 and 6 terms of this Article;
c) Complete the training of a business evaluation career.
2. The person who is given the rank of the first degree skill skill level skill level must meet one of the conditions in the skill level, expertise, the following experience:
a) has been recognized by the national artist of that profession;
b) has been granted a third-degree national skills certificate or a person who has been granted the degree of degree 2 national skills of that profession and has at least 02 (two) years of experience working in the profession since being granted;
c) has graduated from a college degree to go back to the corresponding discipline with that profession and has at least 02 (two) years of experience working in the profession since graduation, currently teaching from a neutral level or being working at a medical facility, business and business. Oh,
3. The person who is given a professional skill rating of the degree of skill skills from order 1 to level 2 must meet one of the conditions of skill, expertise, following experience:
a) has been recognized by the national artist of that profession;
b) has been granted a third-degree national skills certificate or a person who has been granted the degree of degree 2 national skills of that profession and has at least 05 (the year) years of experience working in the profession since it was granted;
c) has graduated from a level of college degree and has at least 05 (the year) years of experience working in the profession since graduation is currently teaching from the level of neutral or working at the medical facility, business, and business. Oh,
4. The person who is given a professional skill rating card from order 1 to third must meet one of the conditions of skill, expertise, experience:
a) has been recognized by the national artist of that profession;
b) has been granted a fourth-degree national skill certificate of the profession or who has been granted a third-degree national skill certificate of that profession and has at least 02 (two) years of experience working in the profession since being granted it;
c) has graduated from a university degree to the corresponding academic discipline and has at least 05 (five) years of experience working in the profession since graduation is currently teaching from college level or working at a medical facility, business, and business. It's a management position, supervising.
5. The person who is given a professional skill rating card from order 1 to fourth must meet one of the conditions of skill, expertise, experience:
a) has been granted a degree to the degree of the fifth-degree national skill of the profession, or who has been granted the rank of the fourth-degree national skill of that profession and has at least 03 (three) years of experience working in the profession since it was granted;
b) has graduated from university to the corresponding profession with that profession and has at least 10 (ten) years of experience working in the profession since graduation is currently teaching from the college level or being at work at the medical facility, the business that holds the position. Management, surveillance.
6. The person who is given a professional skill rating card from order 1 to fifth must meet one of the conditions of skill, expertise, experience:
a) has been granted the degree of the fifth-degree national skill of that profession and has at least 03 (three) years of experience working in the profession since being granted that certificate;
b) A graduate of the degree of undergraduate degree to that profession and has at least 15 years of experience working in the profession since graduation is currently teaching from the college level or working at the medical facility, the business that holds the status quo. Management, surveillance.
7. Time of working experience in the profession is determined through the employment contract that is committed by writing between the worker and the employer by the regulation of the labor law.
What? 12. Senior authority, reissue, cancellation, assessment card recall
1. The Ministry of Labor-Trade and Social Affairs is the agency with the authority to grant, grant, cancel, revoking the rating card that has granted.
2. The assessment card issued by the Ministry of Labor-Trade and Social Affairs must specify the professional name and skill level qualifications are allowed to evaluate. The Ministry of Labor-Trade and Social Affairs issued a review of the assessment card and document sample of the file offering the evaluation of the rating card; organizes the editing of the program, the training document on the evaluation of the national vocational skills assessment and organizing the training to grant. Assessment card.
What? 13. Profile, sequence, assessment card procedure
1. The profile of the assessment of the rating card includes:
a) The affidavit issued an individual ' s assessment tag with a 2.02 (two) color image of 3x4 cm;
b) One (01) a photograph of the proof documents that meets one of the specified conditions at 2, 3, 4, 5 and 6 Article 11 This decree and accompanying the primary for the reference.
2. The procedure, the rating card player:
a) The offer to grant the card assessment card directly to 1 (a) the filing of the filing of the assessment of the assessment card to the Ministry of Labor-Trade and Social while attending a training course on the evaluation of national vocational skills;
b) As soon as you receive a prescribed profile at This 1 Article, the recipient receives a case with the responsibility of the test, the reference. The case case is not enough or not valid, the instructions for the applicant to add, complete the profile. If the full profile is prescribed, the competent authority is responsible for issuing an assessment card immediately after the end of a career training career evaluation.
What? 14. Profile, sequence, review procedure card
1. The rating card is reissued in the additional recommended cases, changing the degree of vocational skills permitted to evaluate or due to a broken, broken, tear, or card loss card.
2. Proposition of a review of the assessment card includes:
a) The affidavit reissued an individual's assessment card with an attached 1 (a) color image of 3x4 cm;
b) The assessment card has been issued, unless the card case has already been granted.
3. Presentation, procedure:
a) The person who offers to grant the assessment card to direct or via postal route 01 (one) the case to the Ministry of Labor-Trade and Social Affairs;
b) In the time of 07 (seven) working days, since the date of receiving sufficient records, the authority has the authority to take responsibility of the test, the passport, and the review of the assessment card. The unlicensed case must be answered by writing and stating the reason.
What? 15. Cancel, revoking the assessment card
1. The rating card is cancelled when a person is given a review of the job or transfer of other work is not appropriate to participate in the assessment of national skills.
2. The assessment card was revoked when the person was issued a violation of one of the following cases:
a) Prescribe the manifest content in the profile to be given the assessment card;
b) When doing the evaluation of professional knowledge, engineering; job practice skills and labor safety processes, the employment hygiene of the participant assessment of the skill of the national profession does not comply with the regulations in the process of making the assessment. price, level of national skills certificate issued by the Ministry of Labor-Trade and Social Affairs.
3. In the 15-day period of work, since the date of the recipient ' s assessment of the assessment or transfer of other business is inappropriate but still engaged in evaluating national skills or having a regulatory violation at Clause 2 This, the Labor Department said. The Trade and Social Affairs decision to cancel or revoking the assessment card and inform the agency, the organization where the job assessment works or the residence knows.
4. When there is a decision to cancel or revoking the assessment card, the applicant is given a rating card that must submit a card to the vocational skills assessment organization or to evaluate the job skills directly to submit the card to submit to the agency with an assessment of the rating card.
5. The person who is given a rating card is a cadre, an official, an officer when a breach is handled according to the law of civil officers, officials.
Section 3
CONDITIONS OF ATTENDANCE AND SEQUENCE, REGISTRATION PROCEDURE FOR ASSESSMENT,
NATIONAL SKILLS CERTIFICATE LEVEL
What? 16. Conditions of attendance assessment, national vocational skills certification according to occupational skill levels (c.
1. The worker with the need is at the rate of evaluation, granting a national skill level certificate at the level 1 skill level of a profession.
2. To be qualified for evaluation, granting a national skill level certificate at the level 2 skill level of a profession, the worker must meet one of the following conditions:
a) There is a certificate of first-degree national skill or a corresponding preliminary certificate in attendance and has at least 02 (two) years of experience working in the profession since that certificate;
b) The high school (vocational, professional middle class) program is finished in attendance.
c) There are at least 03 (three) years of ongoing work experience in that profession.
3. To be qualified for evaluation, granting a national skill level certificate at the level 3 skill level of a profession, the worker must meet one of the following conditions:
a) There is a degree 2 national skill certificate or a secondary diploma (vocational, professional or professional, technical workers) that corresponds to the profession of attendance and has at least 02 (two) years of continuous work experience in the profession since. when there is a certificate or a diploma;
b) There is a certificate of first-degree national skill or a corresponding preliminary certificate in attendance and has at least 05 (the year) years of ongoing work experience in the profession since that certificate;
c) Learning the college program (vocational college) corresponds to the profession of attendance;
d) There are at least 06 (six) years of ongoing work experience in that profession.
4. To be attended to evaluate the national vocational skills certificate at the level 4 skill level of a profession, the worker must meet one of the following conditions:
a) There is a degree of degree 3 or a graduate diploma (vocational college) that corresponds to the profession of attendance and has at least 03 (three) years of continuous working experience in the profession since the certificate or diploma;
b) There is a degree 2 national occupational skill or a secondary diploma (vocational, professional, or professional, technical workers) that corresponds to the profession of attendance and has at least 06 (six) years of ongoing work experience in the profession since. when there is a certificate or a diploma;
c) There is a certificate of first-degree national skill or a corresponding preliminary certificate to the profession of attendance and has at least 09 (nine) years of continuous working experience in the profession since that certificate;
d) The university program is finished with the attending profession;
There are at least 10 years of continuous experience in that business.
5. To be attended to evaluate the national vocational skills certificate at the level 5 skill level of a profession, the worker must meet one of the following conditions:
a) There is a degree of fourth-degree national skill or graduate diploma in attendance and has a time of at least 05 (the year) years of continuous work in the profession since the certificate or diploma;
b) There is a third degree national skill or diploma (vocational college) that corresponds to the profession of attendance and has at least 09 (nine) years of continuous working experience since being issued certificate or diploma;
c) There is a degree 2 national occupational skill or a secondary diploma (vocational, professional or professional, technical workers) that corresponds to the profession of attendance and has at least 12 years of continuous work experience in the profession since the end of the year. The only thing that was done with that diploma.
d) There is a certificate of first-degree national skill or certificate of order corresponding to the profession of attendance and has at least 14 years of continuous working experience in the profession since that certificate;
There is a graduate degree of graduate degree in attendance and has at least 03 (three) years of continuous experience in the profession since that graduate degree;
e) There are at least 15 years of continuous work experience in that profession.
6. The period of employment experience in the profession is determined through the labour contract that is interacted in writing between the worker and the employer by the regulation of the labor law or by the People ' s Committee, the ward of the residence confirming. for the labourers to self-create jobs.
What? 17. Procedulations, registration records for assessment, national occupational skills certification
1. The registration of the assessment attendance, the employment certificate level of the worker ' s national skills is performed as follows:
a) The worker has the need to attend the assessment, the National Vocational skills certificate selects the organization to evaluate the vocational skills to register online or directly register in attendance at the vocational skills assessment organization or send registration records in attendance to the organization. assess the skill of the craft through the mail line;
b) The employer has the right to register for the worker who is working at his unit or facilitables the self-registered self;
c) The organization review the occupational skills responsible for testing, the conditional reference of evaluation, national occupational skills certification in the vocational skills of the regioners of attendance prior to the implementation of the assessment of national skills. Oh,
2. The attendance registration profile includes:
a) The registration is attended to have the worker ' s photo and fully write the required information;
b) A (01) copy of one of the types of papers to prove to have one of the conditions specified at Article 16 of this Decree.
3. Minister of Labor-Trade, and Social Regulatory specifically about the registration of the attendance and registration records stipulated in this Article.
What? 18. The condition is recognized as equivalent or as long as national skills assessment
1. The recipient of a medal at the world's professional competition is recognized and certified the national skill level at the level 3 skill level corresponding to the profession that has reached the medal.
2. The recipient of a medal at the ASEAN professional team is recognized and granted national skill level certification at the rank of level 2 skills corresponding to the profession that has reached the medal. At the rate of evaluation, the national skill level certificate at the level 3 skill level corresponding to a given profession is exempt from the performance of job practice and labor safety processes, labor hygiene.
3. The most accomplished person, second and third at the national professional competition, is recognized and certified the national skill level at the level 2 skill level corresponding to the achieved profession.
Section 4
ORGANIZATION AND EVALUATION OPERATIONS MANAGEMENT, CERTIFICATE LEVEL
NATIONAL SKILLS
What? 19. The implementation of the assessment, the national vocational skills certificate.
The evaluation of the national skills for participants at each level of skill level for each profession must comply with the principle, the content stipulated at Article 30 Employment Law and is periodically held in the calendar year due to the Ministry of Labor and Social Affairs. conference announced at the end of December of the previous year, namely:
1. For the degree of vocational skills from order 3 onwards are held in the fourth (four) period in the year;
2. For the first-degree skill levels and the second order is held several times of the year.
What? 20. The method of performing national skills assessment
1. For each skill level of a profession, there is a panel of judges appointed by the head of the organization to evaluate the choice skill set to perform the evaluation of the participants ' vocational skills. The standard, number of members, components, and tasks of the judging panel are as follows:
a) Members of the jury are those who have been granted the prescribed assessment card at this Decree;
b) The number of jury members depending on the requirements of each skill level of each profession and the number of participants at each level of national skill evaluation to decide, but at least there must be 3 (three) of the person who becomes:
c) The episodic panel consists of the head of the department and its members. The component structure of the jury must ensure that the component is the official working person at the organizational skill assessment organization; the person of the business or professional society; the person of the vocational education institution, the institution of higher education or the scientific institution. and technology, in which the number of official working persons at the organization evaluations the profession, does not exceed one third (one third) of the number of jury members;
d) The jury was tasked to carry out the evaluation of professional knowledge, engineering; job practice skills and the safety of labor, labor hygiene for attendees at the guidance of the Minister of Labour-Trade and Social Affairs and the practice of the Ministry of Labor. Now, the other duties are defined by this decree.
2. For each skill level of a profession that evaluations the expertise of expertise, the participants ' technique is done through the knowledge test in one of the following forms:
a) Check out the test on paper or on the computer with the right questions (false);
b) Check out the test on paper or on a computer with the right questions (false) and the question has many choices;
c) Check out the test on paper or on a computer with questions that have multiple choice;
d) Check out the test on paper or on a computer with questions of multiple choice combined with writing checkbook on paper with self-essay questions;
) Check it out on paper with self-reasoning questions.
3. For each skill level of a profession that evaluations the work and compliance of the work safety process, the participants ' labor hygiene is done through the practice test in one of the following forms:
a) Check out the work through the operation on the vehicle, equipment, tools;
b) The test performs work through the work of the work on paper to process, address the situations;
c) The test performs work through the operation on the vehicle, equipment, tools combined with the test execution of the work through the work on paper to handle, addressing situations.
4. The base on the national skills standard of professions has been announced, the Ministry of Labor-Trade and Society organizes the compilation of knowledge tests, the practice test stipulated at paragraph 2 and Section 3 This according to each degree of skill level. The profession of each profession; manages and set up the proposed bank to provide for the organization to evaluate the profession of the profession used in the national vocational skills assessment.
What? 21. The process of making the assessment, the national occupational skill level certificate
The evaluation, the national occupational skill certificate for attendees is done as follows:
1. Plan and prepare the conditions for the organization of national vocational skills assessment;
2. Make the assessment of professional knowledge, engineering; assessment of job practice and labor safety processes, the participants ' labor hygiene in accordance with the skill level of each profession;
3. Monitoring the evaluation of evaluation, state occupational skills certificate;
4. Recognize Assessment Results, National Vocational skills certification for attendees to reach requirements;
5. The Ministry of Labor-Trade and Social Affairs regulates the process of making the assessment, the level of national skills certification by regulation at this.
What? 22. Monitoring the evaluation of the evaluation, the national vocational skills certificate.
1. The agency with the authority to grant a national skill certificate stipulated at paragraph 2 Article 26 This decree decides to establish the institutions by profession to carry out the monitoring of the national occupational skills assessment held at each of the organizations fighting. It's a skill set.
2. The monitoring organization has at least 3 (three) members, including the organization and its members; the supervising member is the person who has been granted a rating card or the person with the expertise and experience of that profession being held in unions, the trade association. Business, business.
3. The monitoring organization has a mandate, the following powers:
a) Monitoring the activities of the members of the jury when carrying out the evaluation of professional knowledge, engineering; assessment of work skills and labor safety processes, the participants ' labor hygiene in accordance with the degree of technical qualifications. That's what I do.
b) The members of the monitoring organization work independently on the task of monitoring and not interfering with the operation of the jury;
c) When a member of the jury was found in the jury, the editor and the body of the agency had the authority to handle the regulation in the process of carrying out the evaluation, granting the National Vocational skills certificate issued by the Ministry of Labor and the Ministry of Labor and Social Affairs;
d) The results of monitoring results with the competent authorities decided to establish a monitoring organization after the end of the national vocational evaluation period.
What? 23. Processing of the incidents occurred while carrying out the evaluation, the national occupational skill level certificate.
In case, as soon as the start of a national skill review assessment or when attendees are performing a test of knowledge, the practice test has an adverse incident, such as hurricanes, flooding, fires, explosions, or other incidents, forced to stop. Activities that are not implemented in accordance with the correct procedure, the organization that evaluations the skills of the following work:
1. Have the text reporting the Ministry of Labor-Trade and Social Affairs decided to postpone the assessment of the national profession skills being conducted to organize again at the appropriate time;
2. Messages to each participant in time of reorganization of the National Vocational skills assessment has postponed;
3. Perform the cost reimbursable at Article 25 of this Decree for the attendees who paid the rent, equipment, and money purchases, the raw materials, the fuel when the person did not want to continue to participate in the national career skills assessment held. Reposition after the delay.
What? 24. Handled the offender ' s breach in the process of making the evaluation, the national occupational skill level certificate.
1. The case when carrying out the knowledge test or the practice test, the participant has a violation of the regulations in the process of carrying out the evaluation, granting the National Vocational skills certificate issued by the Ministry of Labor-Trade and Social Affairs, said. The jury has to be compiled and processed by regulation.
2. The case when carrying out the knowledge test or the practice test, the participant has a damaging intentional behaviour, vehicle failure, equipment, tools, industrial tools, and measures, materials, supplies, and the prosecution of the editorial board. and processed by regulation in the process of making the assessment, the level of national skills certificate also must be responsible for the responsibility of the damages caused, executed or criminal by law.
What? 25. Make the reimbursable refund for attendees
The reimbursability for attendees paid for rent, equipment, and money to purchase supplies, raw materials, materials for the organization to evaluate the profession but the person was not used, implemented as follows:
1. The event due to an error by the organization evaluation of the vocational skills to occur the mandatory incidents must stop the activities due to the failure to proceed in accordance with the stipulation, if the participant does not want to continue to participate in the National Vocational skills assessment reorganised after. When it is postponed, the organization evaluations the skill to refund the cost of the person to the amount of money that corresponds to the value according to the number of instruments, the device that has been hired and the supplies, the raw materials, the material purchased, but has not been used by the person;
2. The case of an inviable incident such as storm, flooding, fires, explosions forced to halt operations due to the undue process, if the attendees do not want to continue to participate in the national vocational skill review reorganised after the delay. The company's skill to refund the cost of the participants in the amount of money that has applied to 50% of the value according to the number of instruments, the equipment hired and the supplies, the raw materials, the material purchased but not yet used by the person.
What? 26. Recognition of evaluation results, National Vocational skills certificate
1. The base on the border and aggregations of the knowledge test score, the practice test conducted by the panel, the monitoring of the monitoring organization, the evaluation of the skill evaluation organization recognizes the judging results of the jury ' s assessment and the proposed filing. The agency has jurisdiction over the Article 2 which recognizes and provides the national skills certificate for those attending to the request.
2. The authority to grant national skill certificate
The Ministry of Labor-Trade and Social Affairs grant national skills to the participants to the requirements and is responsible for public publication on the agency's electronic information page on the list of persons who have been granted national skills certificate; make up, manage, and use a national vocational skills certification charge under the guidelines provided by the Ministry of Finance.
3. The Ministry of Labor-Trade and Social Affairs regulates national skills and records, sequencing, procedures recommended granting national skills to attendees at the request.
1. The results of the results assessment of the participants ' vocational skills; the list, the list of recommended participants at the request; the list of attendees at the request of the recipient of the National Vocational skills certificate is stored at the various skills assessment organizations. According to the rules.
2. The documents related to the implementation of the evaluation of the national profession and the granting of a national vocational skills certificate for participants to the required requirements of preservation, storage, and evaluation by the rule of the law of storage.
THE WORK DIRECTLY AFFECTS SAFETY,
THE HEALTH OF THE INDIVIDUAL WORKER OR COMMUNITY
THERE MUST BE A NATIONAL SKILL CERTIFICATE
What? 28. The portfolio of work directly affects safety, the health of the worker ' s individual and the community must have a national occupational skill certificate.
1. Direct influence on the safety and wellbeing of the individual worker or community including:
a) The work of the job portfolio is particularly heavy, malicious, dangerous;
b) Work when workers do that work has a direct effect on the safety of the community or the health of others.
2. The proposed, changing, removal, addition of work on the portfolio of work directly to safety, the health of the individual workers and the community must have a national skill certificate that is done in the following principle:
a) Selection of the prescribed work at Article 1 This Article to each step into the category on the route to ensure the execution is feasible, constrain the effects that affect the worker, the employer, and the active disturbance of the operation. enterprise, society;
b) The tasks belonging to the item are proposed to change or remove when that work changes the name or no longer work.
3. The work category directly affects the safety and health of the worker or community who must have a national vocational skills certificate organized under the current Vietnam Economic System.
4. The work category directly affects the safety and health of the worker or community who must have a specific state-specific skills certificate at the Appendix issued with this decree.
What? 29. Proposal for change, removal, addition of work in the portfolio of work directly to the safety and health of the worker and the community must have a National Vocational skills certificate.
1. Every year, the ministries, peer agencies, government agencies and the People ' s Committee of the provinces, the central city of the central city, within the functional range, their powers direct the agencies, the organization within the scope of review management, the proposed change, the type. remove, the addition of direct impact on the safety and wellbeing of the worker's individual and the community must have a national skill certificate that sends the Ministry of Labor-Trade and Social Affairs to the synthesis.
2. The Ministry of Labor-Trade, and Society is responsible for aggregations and coordination with ministries, disciplines, political and social organizations, social politics-profession, congress, association, professional society review proposals for change, elimination, supplemation of public works. The direct impact on the safety and wellbeing of the worker and the community must have a certificate of national skills of ministries, peer agencies, government agencies, and the People's Committee of the provinces, the central city of the central city to present. The government.
The work portfolio directly affects the safety, the health of the worker individual and the community must have a regulatory skill certificate stipulated at Article 28 of this decree being carried out as follows:
1. In a maximum period of 01 (one) year, since the date of this Decree is valid, the regulatory bodies at Clause 2 and Section 3 Article 32 of the Employment Law are responsible for the organization of construction, appraisal and publication of national skills skills standards for possible professions. The work of the work category directly affects the safety, the health of the individual workers and the regulatory community at this decree.
2. In a maximum minimum of 3 (three) years, since this date of decree is valid:
a) The Ministry of Labor-Trade and Social Affairs is responsible for organizing the evaluation, granting the national skills only to the worker who works in the work of the job portfolio directly to the safety, the health of the individual. labor and community regulation at this decree;
b) The employer employed by the employer, the use of contract labour as the work of the job portfolio directly to safety, the health of the individual workers and the prescribed community at this Parliament must facilitate the use of the labor force. Employers attend assessment, national vocational skills certification; or facilitans engaging in training courses to supplement professional knowledge, engineering, perfecing skills practice and labor safety processes, sanitation and safety. labor to attend assessment, national occupational skills certification; or facilitate workers to participate in training courses in order to move to the next level. Another job.
THE ORGANIZATION.
What? 31. The responsibility of the Ministry of Labor-Trade and Society
The Ministry of Labor-Trade and Social Affairs helps the Government to implement state management of evaluation, granting national skills to national skills within the country, responsible:
1. Host, in coordination with the related agencies, enacted under the jurisdiction or agency of the competent authority to enact legislation on the management of the state of state management in evaluation activities, national skills certificate level;
2. Build, enact and organize the planning, development of evaluation activities, national vocational skills certification;
3. Management, organization implementing scientific research and application of technology in evaluation activities, national occupational skills certification; construction and issuing standards, technical regulation, career process guidelines, organizational activities, and organizational activities. assess the skill of the profession; the implementation of information, reporting, statistics, and promulgations of the manifold used in evaluation activities, national skills certificate level;
4. Organisational, complementary, national skills standard update issued to adjust the knowledge tests, the practice test of the appropriate professions according to the standard of national skills.
5. Host, in coordination with the relevant relevant agencies that effectively mount training, development, assessment and recognition of national skills with the labor market and the participation of the business that meets the skills of each individual ' s skills and skills. industry, local and country;
6. Build, manage, statistics and update the national database system in terms of evaluation, national occupational skills certification;
7. Directed by, the organization implementing implementation and evaluation of evaluation activities, national occupational skills certification;
8. Management of the implementation of international cooperation in the field of evaluation, national occupational skills certification; negotiation, signing of bilateral and multilateral agreements on recognition of the equivalent of vocational skills between countries and Vietnam under jurisdiction;
9. Inspector, test, resolve of the complaint, denounce and handles violations of the law in the evaluation operation, the level of national occupational skills under jurisdiction;
10. Do other tasks by regulation at this decree.
What? 32. The responsibility of the ministries, peer agency, government agency
Ministries, peer agencies, government agencies within range, their powers are responsible:
1. Construction, which proposes the portfolio of work directly to the safety and health of the individual worker or community required to have a permit or certificate of practice prescribed at the existing laws and the organization to carry out a thorough assessment of the work. Well, you know, you know, you know,
2. Coordinate with the Ministry of Labor-Trade and Social Affairs implementing state management of evaluation, national occupational skills certification; and more.
3. The organization builds national skills standards for professions whose work is directly influenced by the safety, health of the individual labourers and communities by regulation at Article 28 and Article 29 of this decree to recommend the Ministry of Rights. Labor-Trade and Social Appraisal and publication in accordance with Article 32 Employment Law;
4. Coordinate with the Ministry of Labor-Trade and Social Affairs in compacting the knowledge tests, the practice of practice according to each of the skill level of each profession and the portfolio of facilities, the site of national skill evaluation equipment for the company. It used to be used for evaluation, the certification of national skills as defined by this decree;
5. Make the other tasks stipulated at this decree.
What? 33. The responsibility of the Provincial People ' s Committee, the central city
The Provincial People's Committee, the central city of the Central Committee, performs state management of evaluation, granting national skills to local national skills, within its range, its powers are responsible:
1. Coordinate with the Ministry of Labor-Trade and Social Affairs organizing the assessment, granting a national skill certificate to the local labourers;
2. Directed by, check out, check out the evaluation of the assessment, the level of local national vocational skills as prescribed by law;
3. Make the other tasks prescribed at this Decree.
What? 34. Responsible in the co-ordination of the implementation of state management of evaluation, national occupational skills certification.
The Ministry of Labor-Trade and Social Affairs has a responsibility to coordinate with the political-social, social politics-the profession, the societies, the professional association in organising the examination, which oversees the implementation of the assessment, the national occupational skill level. And propaganda, advocacy workers regularly learning, raising their qualifications, their skills.
What? 35. The responsibility of the Department of Labor-Trade and Social
The Department of Labor-Trade and Social Affairs is responsible for the Committee of the Provincial People's Committee, the central city of the state to implement state management of evaluation, level of local national skills certification.
EXECUTION CLAUSE
1. In a maximum period of 2 (two) years, since the date of this Decree is in effect, vocational skills assessment organizations have been issued certificates of evaluation, the national vocational skills certificate prior to the date of the decree taking effect. It reissued the certificate in accordance with this decree.
2. Certificate of National Vocational skills granted workers to participate in evaluation, certification, only national skills prior to the date of the decree taking effect.
3. The person with a national skill certificate prior to the date of this decree is effective if there is a need for a change to the national occupational skills as prescribed at this decree being made in accordance with the guidelines of the Ministry of Labor and Social Affairs.
The decree has been in effect since 15 May 2015.
1. The Minister of Labour-Trade and Social Affairs is responsible for guiding the implementation of the points, paragraph and which is assigned regulations at this decree.
2. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee, the Head of the Agency, Organization and Personal Affairs are responsible for the implementation of this decree ./.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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