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THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
5213/VBHN-BLDTBXH
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Hanoi, December
11, 2018
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DECREE
ON
GUIDELINES FOR THE LAW ON EMPLOYMENT REGARDING ASSESSMENT AND GRANT OF
CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS
Decree No. 31/2015/ND-CP dated March 24, 2015 of
the Government on guidelines for the Law on Employment regarding assessment and
grant of certificates of national occupational skills, coming into force as of
May 15, 2015, amended by:
Decree No. 140/2018/ND-CP dated October 8, 2018 of
the Government on amendments to Decrees related to business conditions and
administrative procedures under the management of the Ministry of Labor, War
Invalids and Social Affairs, coming into force as of October 8, 2018.
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Employment dated November
16, 2013;
At the request of the Minister of Labor, War
Invalids and Social Affairs;
The Government promulgates a Decree on
guidelines for the Law on Employment regarding assessment and grant of
certificates of national occupational skills1;
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree details the implementation of Clause
4, Article 31, and Clause 2, Article 35, of the Law on Employment regarding the
conditions, organization and activities of the assessment and grant of
certificates of national occupational skills and the list of jobs directly
affecting the safety and health of employees or the community for which a
certificate of national occupational skills is required.
2. In case a treaty to which the Socialist Republic
of Vietnam is a contracting party contains provisions different from those of
this Decree regarding assessment and grant of certificates or certification of
skill levels or capability for employees, that treaty must prevail.
3. For jobs directly affecting the safety and
health of employees or the community in the sectors or occupations for which a
professional practice certificate or license is required by other current laws,
those laws and this Decree must apply.
Article 2. Regulated entities
1. Occupational skills assessment organizations;
employees participating in the assessment and grant of certificates of national
occupational skills.
2. Employers of employees doing jobs on the list of
jobs directly affecting the safety and health of employees or the community for
which a certificate of national occupational skills is required.
3. Other agencies, organizations and persons
involved in the implementation of this Decree.
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CONDITIONS, ORGANIZATION
AND ACTIVITIES OF ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL
SKILLS
Section I. CONDITIONS,
COMPETENCE, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES OF OPERATION IN
ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS
Article 3. Conditions for grant
of certificates of operation in assessment and grant of certificates of
national occupational skills
To be granted a certificate of operation in
assessment and grant of certificates of national occupational skills, an
organization must satisfy the following conditions:
1. Physical foundations, facilities and equipment:
a) To have physical foundations (professional and
technical sections, workshops and ground area) and facilities and equipment
(vehicles, equipment, devices and tools for professional practice and measuring
and inspection devices) according to the list of physical foundations,
facilities and equipment for national occupational skills assessment for each
occupation promulgated by the Ministry of Labor, War Invalids and Social
Affairs, corresponding to the number of participants in the assessment and
grant of certificates of national occupational skills (below referred to as
participants) in an exam of professional and technical knowledge (below
referred to as knowledge exam) or exam of practice skills the occupational
safety and hygiene process (below referred to as practice exam) at a certain
level of skills of each occupation held at a certain point of time;
b) To have an internet-connected system of video
and audio observation and monitoring devices to ensure the observation,
monitoring and supervision of all activities during knowledge and practice
exams;
c) To have a website to enable employees to
register online their participation in the assessment and grant of certificates
of national occupational skills.
2.2 Regarding personnel directly assessing
occupational skills of participants:
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Article 4. Certificate of
eligibility for provision of assessment service, and issuance of the
certificate of national occupational skills
1. A certificate of eligibility for provision of
assessment service, and issuance of the certificate of national occupational
skills (below referred to as certificate) must specify names of occupations and
levels of skills of each occupation for assessment and grant of certificates of
national occupational skills.
2. The Minister of Labor, War Invalids and Social
Affairs shall promulgate the forms of the certificate and documents of the
application for a certificate.
Article 5. Competence to grant
certificates
The Ministry of Labor, War Invalids and Social
Affairs is competent to grant, renew, supplement and re-grant certificates and
suspend operation and revoke granted certificates.
Article 6. Application and
procedures for issuance, reissuance, replacement and adjustment to the
certificate of eligibility for provision of assessment service, and issuance of
the certificate of national occupational skills3
1. Composition of an application
a) An application for issuance of the certificate
includes:
- An application form;
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- Documentary evidences for fulfillment of the
conditions specified in Article 3 of this Decree.
b) An application for reissuance of the certificate
includes:
If the certificate is damaged, too old or lost, an
application for reissuance of the certificate includes:
- An application form;
- The issued certificate, except in the case where
the certificate is lost.
c) An application for replacement or adjustment to
the certificate includes:
In the case of change of name of the occupation or
occupational skill level or change of name or address of the headquarters of
the occupational skill assessment organization specified in the issued
certificate, an application for replacement of the certificate includes:
- An application form;
- The issued certificate, except in the case where
the certificate is lost;
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2. Procedures:
- The organization that wishes to apply for
issuance, reissuance or replacement of the certificate shall prepare and submit
an application as prescribed in Points a, b or c Clause 1 of this Article to
the Ministry of Labor, War Invalids and Social Affairs (through the General
Department of Vocational Education), whether through online public service web
portal or by post. If the application is submitted directly or by post, the documents in the application must be
originals or certified true copies. If the application is submitted
through online public service web portal, regulations of the law on
e-transaction shall be complied with;
- Within 10 working days from the receipt of the
application, the competent authority shall inspect it and issue, reissue or
replace the certificate. If the application is rejected, a response and
explanation must be provided in writing.
Article 7. 4(annulled)
Article 8. Suspension from
operation or revocation of certificates
1. An occupational skills assessment organization
shall be suspended from operation for up to 6 (six) months in the following
cases:
a) It fails to satisfy one of the conditions
prescribed in Article 3 of this Decree right before conducting the assessment
and grant of certificates of national occupational skills;
b) It loses results of knowledge or practice exams
of participants or fails to keep these results as prescribed by the law on
archives.
2. An occupational skills assessment organization
shall have its certificate revoked in the following cases:
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b) It intervenes to distort results of knowledge or
practice exams of participants;
c) It makes false results of knowledge or practice
exams, or requests the grant of certificates of national occupational skills,
for persons who do not sit exams;
d) It fails to carry out activities of assessment
and grant of certificates of national occupational skills within 24 months
after obtaining the certificate;
dd) Although the operation suspension period has
elapsed, it fails to implement remedial measures or its remedial measures fail
to meet requirements of competent agencies;
e) It is merged or consolidated into another
organization; it is dissolved, falls bankrupt or terminates operation as
prescribed by law.
3. Within 10 working days after detecting a
violation prescribed in Clause 1 or 2 of this Article, the Ministry of Labor,
War Invalids and Social Affairs shall decide to suspend operation or revoke the
granted certificate.
4. Within 30 days after being suspended from
operation or having its certificate revoked, an occupational skills assessment
organization shall settle benefits of and obligations toward related
organizations and persons.
Article 9. Notification of
grant of certificates
Within 3 (three) working days after granting or
re-granting a certificate, suspending operation, or revoking a certificate, the
Ministry of Labor, War Invalids and Social Affairs shall publish on its website
information on occupational skills assessment organizations which have been
granted or re-granted certificates, suspended from operation and have their
certificates revoked.
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1. Rights of an occupational skills assessment
organization:
a) To hold mock exams using knowledge and practice
questions of previous exams of national occupational skills assessment at the
request of employees;
b) To cooperate with other organizations in
accordance with law to ensure physical foundations, facilities and equipment
for the assessment and grant of certificates of national occupational skills;
c) To collect charges at market rates for rent of
devices and equipment and for supplies, materials and fuel provided to
participants for use in exams;
d) To participate in activities of international
cooperation on assessment and grant of certificates of national occupational
skills in accordance with law.
2. Obligations of an occupational skills assessment
organization:
a) To plan and organize the assessment and grant of
certificates of national occupational skills for each occupation and each level
of skills; to publish on its website information on the assessment and grant of
certificates of national occupational skills and take responsibility for such
information;
b) To receive and manage employees’ applications
for participation in the assessment and grant of certificates of national
occupational skills;
c) To prepare sufficient supplies, materials and
fuel corresponding to the number of participants in each exam of national
occupational skills assessment for each occupation and level of skills;
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dd) To ensure safety and coordinate with related
organizations and persons in dealing with incidents occurring in the assessment
and grant of certificates of national occupational skills;
e) To provide devices and equipment allowed to be
used in doing tests for participants who want to borrow or hire them, and
publicize their rent rates;
g) To send by post or directly certificates of
national occupational skills granted by the competent agency prescribed in
Clause 2, Article 26 of this Decree to successful participants; to keep
participants’ applications and results of assessment of national occupational
skills in accordance with the law on archives;
h) To comply with reporting regulations and make
biannual, annual and irregular reports under the guidance of the Ministry of
Labor, War Invalids and Social Affairs;
i) To perform other tasks prescribed in this Decree
and other relevant laws.
Section 2. CONDITIONS,
COMPETENCE, ORDER AND PROCEDURES FOR RECOGNITION AND GRANT OF ASSESSOR CARDS
Article 11. Conditions for
grant of assessor cards
1. A person may be granted an assessor card when
fully meeting the following conditions:
a) Having full civil act capacity;
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c) Having completed a training course on national occupational
skills assessment.
2. To be granted an assessor card of level 1, a
person must satisfy one of the following conditions on skills, qualifications
and experience:
a) Being a recognized national artisan in that
occupation;
b) Possessing a certificate of national
occupational skills of level 3 or higher in that occupation, or possessing a
certificate of national occupational skills of level 2 in that occupation and
having worked in that occupation for at least 2 (two) years since obtaining the
certificate;
c) Holding a college degree or higher in a
discipline relevant to that occupation and having worked in that occupation for
at least 2 (two) years after graduation and currently engaging in training at
intermediate or higher level or working at a health establishment or an
enterprise.
3. To be granted an assessor card of level 1 or
level 2, a person must satisfy one of the following conditions on skills,
qualifications and experience:
a) Being a recognized national artisan in that
occupation;
b) Possessing a certificate of national
occupational skills of level 3 or higher in that occupation, or possessing a
certificate of national occupational skills of level 2 in that occupation and
having worked in that occupation for at least 5 (five) years since obtaining
the certificate;
c) Holding a college or higher degree in a
discipline relevant to that occupation and having worked in that occupation for
at least 5 (five) years after graduation and currently engaging in training at
intermediate or higher level or working at a health establishment or an
enterprise.
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a) Being a recognized national artisan in that
occupation;
b) Possessing a certificate of national
occupational skills of level 4 or higher in that occupation, or possessing a
certificate of national occupational skills of level 3 in that occupation and
having worked in that occupation for at least 2 (two) years since obtaining the
certificate;
c) Holding a tertiary or higher degree in a
discipline relevant to that occupation and having worked in that occupation for
at least 5 (five) years after graduation and currently engaging in training at
college or higher level or working as a manager or supervisor at a health
establishment or an enterprise.
5. To be granted an assessor card from level 1 to
level 4, a person must satisfy one of the following conditions on skills,
qualifications and experience:
a) Possessing a certificate of national
occupational skills of level 5 in that occupation, or possessing a certificate
of national occupational skills of level 4 in that occupation and having worked
in that occupation for at least 3 (three) years since obtaining the
certificate;
b) Holding a tertiary or higher degree in a
discipline relevant to that occupation and having worked in that occupation for
at least 10 (ten) years after graduation and currently engaging in teaming at
college or higher level or working as a manager or supervisor at a health
establishment or an enterprise.
6. To be granted an assessor card from level 1 to
level 5, a person must satisfy one of the following conditions on skills,
qualifications and experience:
a) Possessing a certificate of national
occupational skills of level 5 in that occupation and having worked in that
occupation for at least 3 (three) years since obtaining the certificate;
b) Holding a tertiary or higher degree in a
discipline relevant to that occupation and having worked in that occupation for
at least 15 (fifteen) years after graduation and currently engaging in training
at college or higher level or working as a manager or supervisor at a health
establishment or an enterprise.
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Article 12. National
occupational skill assessor card5
1. An assessor card must clearly specify occupation
name and occupational skill level covered by the assessment. The Ministry of
Labor, War Invalids and Social Affairs shall specify the form of assessor card
and documents in the application for issuance of the assessor card; organize
the design of national occupation skill training programs and documents and
organize the provision of training to serve issuance of assessor card.
2. Within 03 (three) working days from the assessor
card is issued, reissued, replaced, invalidated or revoked, the General
Department of Vocational Education affiliated to the Ministry of Labor, War
Invalids and Social Affairs (hereinafter referred to as “the General Department
of Vocational Education”) shall publish the list of persons who is issued or
reissued with the assessor card or whose assessor card is replaced, invalidated
or revoked.”
Article 13. Application and
procedures for issuance, reissuance or replacement of the assessor card6
1. Composition of an application
a) An application for issuance of the assessor card
includes:
- An application form enclosed with 01 (one) 3x4
color picture;
- One (01) set of documentary evidences for
fulfillment of the conditions specified in Article 11 of this Decree;
b) An application for reissuance of the assessor
card includes:
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- An application form enclosed with 01 (one) 3x4
color picture;
- The issued assessor card, except in the case
where the card is lost.
c) An application for replacement of the assessor
card includes:
In the case of any change to the level of
occupational skill to be assessed, an application for replacement includes:
- An application form enclosed with 01 (one) 3x4
color picture;
- The issued assessor card, except in the case
where the card is lost;
- Documentary evidences for fulfillment of the
conditions for issuance of the assessor card prescribed in Article 11 of this
Article.
2. Procedures:
- The applicant for issuance, reissuance or
replacement of the assessor card shall prepare and submit an application
as prescribed in Points a, b or c Clause 1 of this Article to the General
Department of Vocational Education, whether through online public service web
portal or by post. If the application is submitted directly or by post, the
documents in the application must be originals or certified true copies. If the
application is submitted through online public service web portal, regulations
of the law on e-transaction shall be complied with;- Within 07 (seven) working
days from the receipt of the application, the General Department of Vocational
Education shall inspect it and issue, reissue or replace the assessor card. If
the application is rejected, a response and explanation must be provided in
writing.
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Article 15. Cancellation and
revocation of assessor cards
1. An assessor card shall be cancelled when its
holder quits his/her job or shifts to another job irrelevant for assessment of
national occupational skills.
2. An assessor card shall be revoked when its
holder commits either of the following violations:
a) Tampering with documents in the application for
the assessor card;
b) Failing to comply with the process for
assessment and grant of certificates of national occupational skills promulgated
by the Ministry of Labor, War Invalids and Social Affairs when assessing
employees’ professional and technical knowledge and practice skills and
observance of the occupational safety and hygiene process.
3. Within 15 working days after learning that an
assessor card holder who has quitted his/her job or shifted to another
irrelevant job still participates in the assessment of national occupational
skills or that an assessor card holder violates Clause 2 of this Article,
General Department of Vocational Education affiliated to the Ministry of Labor,
War Invalids and Social Affairs8 shall issue a decision to cancel or
revoke the assessor card and notify such to the employer or the place of
residence of the assessor.
4. When a decision canceling or revoking an
assessor card is issued, the card holder shall return the card to the
occupational skills assessment organization or the occupational skills
assessment organization shall recall the card and return it to the agency
having granted the assessor card.
5. A violating assessor card holder who is a cadre,
civil servant or public employee shall be handled in accordance with the laws
on cadres, civil servants and public employees.
Section 3. CONDITIONS, ORDER AND
PROCEDURES FOR REGISTRATION OF PARTICIPATION IN ASSESSMENT AND GRANT OF
CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS
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1. Any employee may participate in the assessment
and grant of certificates of national occupational skills of level 1 of an
occupation.
2. To participate in the assessment and grant of
certificates of national occupational skills of level 2 of an occupation, an
employee must satisfy one of the following conditions:
a) Possessing a certificate of national
occupational skills of level 1 or basic-level certificate corresponding to that
occupation and having worked in that occupation for at least 2 (two) years
since obtaining such certificate;
b) Having completed an intermediate-level
(intermediate vocational, professional secondary) training program
corresponding to the occupation to be assessed;
c) Having worked in that occupation for at least 3
(three) consecutive years.
3. To participate in the assessment and grant of
certificates of national occupational skills of level 3 of an occupation, an
employee must satisfy one of the following conditions:
a) Possessing a certificate of national
occupational skills of level 2 or intermediate-level (intermediate vocational,
professional secondary, occupational or technical employee) diploma
corresponding to that occupation and having worked in that occupation for at
least 2 (two) consecutive years since obtaining such certificate or diploma;
b) Possessing a certificate of national occupational
skills of level 1 or basic-level certificate corresponding to that occupation
and having worked in that occupation for at least 5 (five) consecutive years
since obtaining such certificate;
c) Having completed a college-level (vocational
college) training program corresponding to that occupation;
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4. To participate in the assessment and grant of
certificates of national occupational skills of level 4 of an occupation, an employee
must satisfy one of the following conditions:
a) Possessing a certificate of national
occupational skills of level 3 or college-level (vocational college) diploma
corresponding to that occupation and having worked in that occupation for at
least 3 (three) consecutive years since obtaining such certificate or diploma;
b) Possessing a certificate of national
occupational skills of level 2 or intermediate-level (intermediate vocational,
professional secondary, occupational or technical employee) diploma
corresponding to that occupation and having worked in that occupation for at
least 6 (six) consecutive years since obtaining such certificate or diploma;
c) Possessing a certificate of national
occupational skills of level 1 or basic-level certificate coresponding to that
occupation and having worked in that occupation for at least 9 (nine)
consecutive years since obtaining such certificate;
d) Having completed a tertiary training program
corresponding to that occupation;
dd) Having worked in that occupation for at least
10 (ten) consecutive years.
5. To participate in the assessment and grant of
certificates of national occupational skills of level 5 of an occupation, an
employee must satisfy one of the following conditions:
a) Possessing a certificate of national
occupational skills of level 4 or tertiary diploma corresponding to that
occupation and having worked in that occupation for at least 5 (five)
consecutive years since obtaining such certificate or diploma;
b) Possessing a certificate of national
occupational skills of level 3 or college-level (vocational college) diploma
corresponding to that occupation and having worked in that occupation for at
least 9 (nine) consecutive years since obtaining such certificate or diploma;
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d) Possessing a certificate of national
occupational skills of level 1 or basic-level certificate corresponding to that
occupation and having worked in that occupation for at least 14 (fourteen)
consecutive years since obtaining such certificate;
dd) Holding a tertiary diploma corresponding to
that occupation and having worked in that occupation for at least 3 (three)
consecutive years since obtaining such diploma;
e) Having worked in that occupation for at least 15
(fifteen) consecutive years.
6. The period of working in an occupation shall be
determined through the written labor contract between employee and employer in
accordance with the labor law or certified by the commune-level People’s
Committee of the place of residence, for cases of self-employment.
Article 17. Procedures and
applications for participation in assessment and grant of certificates of
national occupational skills
1. An employee’s participation in the assessment
and grant of certificates of national occupational skills shall be registered
as follows:
a) An employee shall select an occupational skills
assessment organization to make online or direct registration at such
organization or send an application by post to such organization;
b) An employer may make registration for their
current employees or create conditions for them to make registration;
c) An occupational skills assessment organization
shall examine and compare applicants’ conditions for participation in the assessment
and grant of certificates of national occupational skills at different levels
before conducting the assessment of national occupational skills.
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a) A written registration for participation with a
photo of the employee and full information as required;
b) One (1) copy of any of the papers proving
satisfaction of one of the conditions prescribed in Article 16 of this Decree.
3. The Minister of Labor, War Invalids and Social
Affairs shall specifically stipulate the registration for participation and
application prescribed in this Article.
Article 18. Condition for
recognition of equivalence or exemption from national occupational skills
assessment
1. A person who has won a medal at a world
vocational skills competition is entitled to recognition and grant of a
certificate of national occupational skills of level 3 in the occupation in
which he/she has won the medal.
2. A person who wins a medal at an ASEAN vocational
skills competition is entitled to recognition and grant of a certificate of
national occupational skills of level 2 in the occupation in which he/she has
won the medal. If this person participates in the assessment and grant of
certificates of national occupational skills of level 3 in the occupation in
which he/she has won the medal, he/she is entitled to exemption from the exam
of practice skills and observance of the occupational safety and hygiene
process.
3. A person who has won the first, second or third prize
at a national vocational skills competition is entitled to recognition and
grant of a certificate of national occupational skills of level 2 in the
occupation in which he/she has won the prize.
Section 4. ORGANIZATION AND
MANAGEMENT OF ACTIVITIES OF ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL
OCCUPATIONAL SKILLS
Article 19. Organization of
assessment and grant of certificates of national occupational skills
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1. For occupational skills of level 3 or higher, to
conduct the assessment 4 (four) times a year.
2. For occupational skills of levels 1 and 2, to
conduct the assessment many times a year.
Article 20. Methods of
national occupational skills assessment
1. For each level of an occupation, the head of an
occupational skills assessment organization shall set up an examiner board to
assess occupational skills of participants. The criteria and number of
members, composition and tasks of the examiner board must comply with the
following provisions:
a) Members of the examiner board are persons having
obtained an assessor card under this Decree;
b) The number of the board members depends on the
requirement for each level of an occupation and the number of participants in
the national occupational skills assessment but must be at least 3 (three);
c) The examiner board shall be composed of the head
and members and must include official staff members of the occupational skills
assessment organization; and persons from enterprises or professional
associations; and vocational education institutions, tertiary education
institutions or science and technology organizations. The number of official
staff members of the occupational skills assessment organization must not
exceed one-third of the number of the examiner board members;
d) The examiner board shall assess participants’
professional and technical knowledge and practice skills and observance of the
occupational safety and hygiene process under the guidance of the Minister of
Labor, War Invalids and Social Affairs and perform other tasks in accordance
with this Decree.
2. For each level of skills of an occupation,
professional and technical knowledge of participants shall be assessed through
tests in one of the following forms:
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b) Test on paper or in computer with true or false
and multiple-choice questions;
c) Test on paper or in computer with
multiple-choice questions;
d) Test on paper or in computer with
multiple-choice questions combined with test on paper with open-ended
questions;
dd) Test on paper with open-ended questions.
3. For each level of skills of an occupation,
practice skills and observance of the occupational safety and hygiene process
of participants shall be assessed through practice tests in one of the
following forms:
a) Test of job performance through manipulations on
vehicles, devices and tools;
b) Test of job performance through professional
operations on paper to handle different circumstances;
c) Test of job performance through manipulations on
vehicles, devices and tools combined with test of job performance through
professional operations on paper to handle different circumstances.
4. Based on criteria of national occupational
skills for announced occupations, the General Department of Vocational
Education affiliated to the Ministry of Labor, War Invalids and Social Affairs9
shall compile knowledge and practice tests prescribed in Clauses 2 and 3 of
this Article by level of each occupation; manage and establish an exam question
bank for supply to occupational skills assessment organizations in national
occupational skills assessments.
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The assessment and grant of certificates of
national occupational skills to participants shall be conducted as follows:
1. Planning and preparing conditions for
organization of national occupational skills assessment exams;
2. Assessing professional and technical knowledge;
assessing practice skills and observance of the occupational safety and hygiene
process of participants according to levels of skills of each occupation;
3. Supervising the assessment and grant of certificates
of national occupational skills;
4. Recognizing assessment results, granting
certificates of national occupational skills to successful participants;
5. The Ministry of Labor, War Invalids and Social Affairs
shall stipulate in detail the process of assessment and grant of certificates
of national occupational skills prescribed in this Article.
Article 22. Supervision of
assessment and grant of certificates of national occupational skills
1.10 The General Department of Vocational
Education shall decide to establish supervisory teams responsible for
supervising national occupational skill assessment tests organized at each
occupational skill assessment organization.
2. A supervision team must have at least 3 (three)
members, including the head, who must have an assessor card or professional
qualifications and experience in the concerned occupation and are nominated by
trade unions, professional associations or enterprises.
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a) To supervise activities of the examiner board
when assessing professional and technical knowledge; practice skills and
observance of the occupational safety and hygiene process of participants
according to levels of skills of that occupation;
b) Members of the supervision team shall work
independently when performing their supervision tasks and may not intervene in
activities of the examiner board;
c) When detecting a violation by a member of the
examiner board, to make a record and propose a competent agency to handle
according to the rules in the process of assessment and grant of certificates
of national occupational skills promulgated by the Ministry of Labor, War
Invalids and Social Affairs;
d) After the national occupational skills
assessment is completed, to report on supervision results to the agency
competent to establish the supervision team.
Article 23. Handling of force
majeure events occurring in the assessment and grant of certificates of
national occupational skills
When an occupational skills assessment organization
has to stop a national occupational skills assessment that has just started or
participants have to stop doing the knowledge or practice test due to the
occurrence of a force majeure event such as typhoon, flood, fire, explosion or
another incident, such organization shall:
“1.11 Send a notification of postponement of
the national occupational skill assessment test that is being conducted to the
General Department of Vocational Education;
2. Notify each participant of the time for
reorganizing the national occupational skills assessment;
3. Refund according to Article 25 of this Decree
the amounts of money already paid for hiring tools and devices and purchasing
supplies, materials and fuel to participants who do not wish to participate in
the reorganized national occupational skills assessment.
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1. The examiner board shall make a written record
of and handle according to regulations any participant who, when doing the
knowledge or practice test, violates the rules in the process for assessment
and grant of certificates of national occupational skills promulgated by the
Ministry of Labor, War Invalids and Social Affairs.
2. When doing the knowledge or practice test, any
participant who intentionally damages or destroys vehicles, devices or tools
for practice, measuring and inspection, or materials and supplies shall, in
addition to having his/her violation recorded in writing and being handled by
the examiner board according to the rules in the process of assessment and
grant of certificates of national occupational skills, pay damages and be
administratively or criminally handled in accordance with law.
Article 25. Refund to
participants
Participants who have paid to an occupational
skills assessment organization amounts of money for hiring tools and devices
and purchasing supplies, materials and fuel but have not used them shall be
refunded such amounts as follows:
1. In case assessment activities must be stopped
due to an incident caused by the occupational skills assessment organization,
participants who do not wish to participate in the reorganized national
occupational skills assessment after postponement shall be refunded by the
occupational skills assessment organization the paid amounts corresponding to
the value of the unused quantities of hired tools and devices and purchased
supplies, materials and fuel.
2. case assessment activities must be stopped due
to a force majeure event such as storm, flood, fire or explosion, participants
who do not wish to participate in the reorganized national occupational skills
assessment after postponement shall be refunded by the occupational skills
assessment organization the paid amount equal to 50% of the value of the unused
quantities of hired tools and devices and purchased supplies, materials and
fuel.
Article 26. Issuance of the
national occupational skill certificate12
1. According to the record and consolidated result
of the theory and practice tests prepared by the board of examiners, and
supervision record prepared by the supervisory team, the occupational skill
assessment organization shall decide to recognize the assessment result given
by the board of examiners, prepare an application for issuance of the national
occupational skill to the candidates who have passed the test and submit it to
the General Department of Vocational Education.
2. The General Department of Vocational Education
shall consider the application for issuance of the national occupational skill
certificate to the candidates who have passed the test and application for
reissuance of the national occupational skill certificate; issue the
certificate; provide a written response and explanation if the application is
rejected; recognize and issue the national occupational skill certificate to
the persons mentioned in Article 18 of this Decree; publish the list of persons
who is issued or reissued with the national occupational skill certificate or
has his/her national occupational skill certificate revoked; collect, manage
and use the fees for applying for issuance of the certificate under the
guidance of the Ministry of Finance.
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Article 27. Archives regime
1. Documents on occupational skills assessment
results of participants; written records, lists of successful participants
proposed for recognition; and lists of participants having obtained
certificates of national occupational skills shall be kept at occupational
skills assessment organizations according to regulations.
2. Documents related to the assessment and grant of
certificates of national occupational skills to successful participants shall
be preserved, kept and destroyed in accordance with the law on archives.
Chapter III
JOBS DIRECTLY AFFECTING
THE SAFETY AND HEALTH OF EMPLOYEES OR THE COMMUNITY FOR WHICH A CERTIFICATE OF
NATIONAL OCCUPATIONAL SKILLS IS REQUIRED
Article 28. List of jobs
directly affecting the safety and health of employees or the community for
which a certificate of national occupational skills is required
1. Jobs directly affecting the safety and health of
employees or the community for which a certificate of national occupational
skills is required include:
a) Those on the lists of particularly hard,
hazardous and dangerous jobs;
b) Jobs, when performed, will directly affect the
safety of the community or health of other persons!
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a) To select jobs prescribed in Clause 1 of this
Article for inclusion in the list according to a roadmap in order to ensure
feasible implementation, and limitation of impacts on employees and employers
and disruption of activities of enterprises and the society;
b) To propose change or removal of listed jobs when
those jobs change their names or no longer exist.
3. The list of jobs directly affecting the safety
and health of employees or the community for which a certificate of national
occupational skills is required shall be arranged according to the current
system of economic industries of Vietnam.
4. The list of jobs directly affecting the safety
and health of employees or the community for which a certificate of national
occupational skills is required are specified in the Appendix to this Decree.
Article 29. Proposal of
change, removal and addition of jobs on the list of jobs directly affecting the
safety and health of employees and the community for which a certificate of
national occupational skills is required
1. Annually, ministries, ministerial-level
agencies, government-attached agencies and provincial-level People’s Committees
shall, within the ambit of their functions and powers, direct agencies and
organizations under their management in considering and proposing the change,
removal and addition of jobs directly affecting the safety and health of
employees and the community for which a certificate of national occupational
skills is required, and send them to the Ministry of Labor, War Invalids and
Social Affairs for summarization.
2. The Ministry of Labor, War Invalids and Social
Affairs shall summarize and coordinate with ministries, sectors,
socio-political organizations, socio-politico-professional organizations and
professional general associations, associations and societies in considering proposals
of ministries, ministerial-level agencies, government-attached agencies and
provincial-level People’s Committees to change, remove and add jobs directly
affecting the safety and health of employees and the community for which a
certificate of national occupational skills is required, and submit them to the
Government.
Article 30. Time of
application
The list of jobs directly affecting the safety and
health of employees or the community for which a certificate of national
occupational skills is required prescribed in Article 28 of this Decree shall
be made as follows:
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2. Within 3 (three) years after the effective date
of this Decree:
a) The Ministry of Labor, War Invalids and Social
Affairs shall organize the assessment and grant of certificates of national
occupational skills for employees doing jobs on the list of jobs directly
affecting the safety and health of employees and the community prescribed in
this Decree;
b) Employers hiring or employing employees under
contracts to perform jobs on the list of jobs directly affecting the safety and
health of employees and the community prescribed in this Decree shall create
conditions for employees to participate in the assessment and grant of
certificates of national occupational skills; or create conditions for them to
attend training courses to improve professional and technical knowledge,
practice skills and observance of the occupational safety and hygiene process
for participation in the assessment and grant of certificates of national
occupational skills; or create conditions for them to attend training courses
to find new jobs.
Chapter IV
IMPLEMENTATION
Article 31. Responsibilities
of the Ministry of Labor, War Invalids and Social Affairs
The Ministry of Labor, War Invalids and Social
Affairs shall assist the Government in performing the uniform state management
of assessment and grant of certificates of national occupational skills
nationwide, having the responsibilities:
1. Assume the prime responsibility for, and
coordinate with related agencies in, elaborating and promulgating according to
its competence or proposing competent agencies to promulgate legal documents on
state management of activities of assessment and grant of certificates of
national occupational skills;
2. Elaborate, promulgate, and organize the
implementation of, master plans and plans on development of the assessment and
grant of certificates of national occupational skills;
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4. Review, add and update promulgated national
occupational skills standards to adjust knowledge and practice tests for
occupations in conformity with national occupational skills standards;
5. Assume the prime responsibility for, and
coordinate with related agencies in, effectively associating training,
development and assessment and recognition of certificates of national
occupational skills with the labor market and participation of enterprises to
meet the demand of each sector, locality and the country for skilled human
resources;
6. Build, manage, make statistics of and update a
national database on assessment and grant of certificates of national
occupational skills;
7. Direct, organize and inspect activities of assessment
and grant of certificates of national occupational skills;
8. Manage international cooperation in the
assessment and grant of certificates of national occupational skills; to
negotiate and sign bilateral and multilateral agreements on recognition of
equivalence of occupational skills between Vietnam and other countries
according to its competence;
9. Inspect, examine and settle complaints and
denunciations and handle violations of law in activities of assessment and
grant of certificates of national occupational skills according to its
competence;
10. Perform other tasks as prescribed in this
Decree.
Article 32. Responsibilities
of ministries, ministerial-level agencies and governmental agencies
Within the ambit of their powers, ministries,
ministerial-level agencies and governmental agencies shall:
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2. Coordinate with the Ministry of Labor, War
Invalids and Social Affairs in performing the state management of assessment
and grant of certificates of national occupational skills;
3. Organize the elaboration of national
occupational skills standards for occupations involving jobs on the list of
jobs directly affecting the safety and health of employees and the community
according to Articles 28 and 29 of this Decree and propose the Ministry of
Labor, War Invalids and Social Affairs to appraise and announce such list
according to Article 32 of the Law on Employment;
4. Coordinate with the Ministry of Labor, War
Invalids and Social Affairs in preparing knowledge and practice tests for each
level of skills of each occupation and the list of physical foundations and
equipment for national occupational skills assessment for each occupation to be
used in the assessment and grant of certificates of national occupational
skills in accordance with this Decree;
5. Perform other tasks as prescribed in this
Decree.
Article 33. Responsibilities
of provincial-level People’s Committees
Provincial-level People’s Committees shall perform
the state management of assessment and grant of certificates of national occupational
skills within the ambit of their powers, having the responsibilities:
1. Coordinate with the Ministry of Labor, War
Invalids and Social Affairs in organizing the assessment and grant of
certificates of national occupational skills for employees in their provinces;
2. Direct, examine and inspect the assessment and
grant of certificates of national occupational skills in their localities in
accordance with law;
3. Perform other tasks as prescribed in this
Decree.
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The Ministry of Labor, War Invalids and Social
Affairs shall coordinate with socio-political organizations,
socio-politico-professional organizations and professional associations and
societies in organizing the examination and supervision of the assessment and
grant of certificates of national occupational skills and encouraging employees
to regularly study to improve their occupational qualifications and skills.
Article 35. Responsibilities
of provincial-level Labor, War Invalids and Social Affairs Departments
Provincial-level Labor, War Invalids and Social
Affairs Departments shall assist provincial- level People’s Committees in
performing the state management of assessment and grant of certificates of
national occupational skills in their provinces.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 36. Grandfather clause
1. Within 2 (two) years after the effective date of
this Decree, occupational skills assessment organizations having obtained a
certificate of a center for assessment and grant of certificates of national
occupational skills before the effective date of this Decree shall carry out
procedures for re-grant of certificates in accordance with this Decree.
2. Certificates of national occupational skills
granted to employees participating in the assessment and grant of certificates
of national occupational skills before the effective date of this Decree remain
valid.
3. Persons who have obtained a certificate of
national occupational skills before the effective date of this Decree may apply
for change to a certificate of national occupational skills prescribed in this
Decree according to the guidance of the Ministry of Labor, War Invalids and
Social Affairs.
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This Decree comes into force as of May 15, 2015.
Article 38. Implementation
responsibilities
1. The Minister of Labor, War Invalids and Social
Affairs shall guide the implementation of points, clauses and articles as assigned
in this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, chairpersons of provincial-level
People’s Committees, heads of agencies and organizations and related persons
shall implement this Decree./.
AUTHENTICATION
OF CONSOLIDATED DOCUMENT
PP. MINISTER
DEPUTY MINISTER
Le Quan
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LIST OF JOBS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF
EMPLOYEES OR THE COMMUNITY FOR WHICH A CERTIFICATE OF NATIONAL OCCUPATIONAL
SKILLS IS REQUIRED
(Issued together with Decree No. 31/2015/ND-CP dated March 24, 2015 of the
Government on guidelines for the Law on Employment regarding assessment and
grant of certificates of national occupational skills).
Level 1
Level 2
Level 3
Level 4
Level 5
Industry
Job
B
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Mining and quarrying
5
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Hard coal and lignite mining
51
510
5100
Hard coal mining and agglomeration
- Digging and propping up the pit
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C
Processing and manufacturing
33
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Repair, maintenance and installation of machines
and equipment
331
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3313
33130
Repair of electronic and optical equipment
Repair and maintenance of electronic, electronically
controlled, pressurized and optical medical equipment
F
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42
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Civil engineering works
421
4210
Construction of railway and road works
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42101
Construction of railway works
- Operating vehicles and machines for
construction and installation of tunnels
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42102
Construction of road works
Operating vehicles and machines for construction
and installation of tunnels
429
4290
42900
Other civil engineering works
...
...
...
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N
Administrative activities and support services
81
...
...
...
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Cleaning services for houses, buildings and
landscape
812
...
...
...
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8129
81290
Cleaning of housing and other buildings
Exterior cleaning of buildings over 10 floors
R
...
...
...
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Art, recreation and entertainment
93
...
...
...
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Sports, pleasure and entertainment
932
Other amusement activities
...
...
...
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9329
93290
Other amusement activities not elsewhere
classified
Management and service at the amusement and
entertainment area in the basement with an area of over 1000m2.
1 Decree No. 140/2018/ND-CP dated October 8,
2018 of the Government on amendments to Decrees related to business conditions
and administrative procedures under the management of the Ministry of Labor,
War Invalids and Social Affairs has the following legal bases:
“Pursuant to the Law on Government Organization
dated June 19, 2015;
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Pursuant to the Law on Drug Abuse Prevention and
Control 2000; Law on Amendments to some Articles of the Law on Drug Abuse
Prevention and Control 2008;
Pursuant to the Law on Persons with Disabilities
dated June 17, 2010;
Pursuant to the Law on Employment dated November
16, 2013;
Pursuant to the Law on Social Insurance dated
November 20, 2014;
Pursuant to the Law on Vocational Education
dated November 27, 2014;
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to the Law on Investment dated November
26, 2014 and the Law on amendments to Article 6 and Appendix 4 on the list of
business lines subject to conditions stipulated in the Law on Investment dated
November 22, 2016;
Pursuant to the Ordinance on Prostitution
Prevention and Control 2003;
At the request of the Minister of Labor, War
Invalids and Social Affairs;
...
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2 This clause is amended by clause 1 Article
3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
3 This clause is amended by clause 2 Article
3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
4 This clause is amended by Article 4 of the
Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments
to Decrees related to business conditions and administrative procedures under
the management of the Ministry of Labor, War Invalids and Social Affairs,
coming into force as of October 8, 2018.
5 This clause is amended by clause 3 Article
3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
6 This clause is amended by clause 4 Article
3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
7 This clause is annulled by Article 4 of
the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
8 The phrase “Bộ Lao động - Thương binh và
Xã hội” (“The Ministry of Labor, War Invalids and Social Affairs”) is replaced
with “Tổng cục Giáo dục nghề nghiệp thuộc Bộ Lao động - Thương binh và Xã hội”
(“The General Department of Vocational Education affiliated to the Ministry of
Labor, War Invalids and Social Affairs”) as prescribed in clause 8 Article 3 of
the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
9 The phrase “Bộ Lao động - Thương binh và
Xã hội” (“The Ministry of Labor, War Invalids and Social Affairs”) is replaced
with “Tổng cục Giáo dục nghề nghiệp thuộc Bộ Lao động - Thương binh và Xã hội”
(“The General Department of Vocational Education affiliated to the Ministry of
Labor, War Invalids and Social Affairs”) as prescribed in clause 8 Article 3 of
the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on
amendments to Decrees related to business conditions and administrative
procedures under the management of the Ministry of Labor, War Invalids and
Social Affairs, coming into force as of October 8, 2018.
10 This clause is amended by clause 5
Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the
Government on amendments to Decrees related to business conditions and
administrative procedures under the management of the Ministry of Labor, War
Invalids and Social Affairs, coming into force as of October 8, 2018.
...
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12 This clause is amended by clause 7
Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the
Government on amendments to Decrees related to business conditions and
administrative procedures under the management of the Ministry of Labor, War
Invalids and Social Affairs, coming into force as of October 8, 2018.
13 Article 19 of the Decree No.
140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees
related to business conditions and administrative procedures under the
management of the Ministry of Labor, War Invalids and Social Affairs, coming
into force as of October 8, 2018 reads as follows:
“Article 19. Entry into force and
implementation
1. This Decree comes into force from the date on
which it is signed.
2. Ministers, heads of ministerial agencies,
heads of Governmental agencies and Presidents of People's Committees of
provinces and central-affiliated cities shall provide guidelines and implement
this Decree./.”