Nghị định 4/2023/NĐ-CP sửa đổi Nghị định đầu tư kinh doanh thuộc Bộ Lao động

• Số hiệu: 4/2023/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Trần Hồng Hà
• Ngày ban hành: 13/02/2023

THE GOVERNMENT OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 4/2023/ND-CP	Hanoi, February 13, 2023

DECREE

PROVIDING AMENDMENTS TO DECREES ON BUSINESS CONDITIONS AND ADMINISTRATIVE PROCEDURES WITHIN JURISDICTION OF MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Investment dated June 17, 2020;

At the request of the Minister of Labour, War Invalids and Social Affairs of Vietnam;

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Chapter I

VOCATIONAL EDUCATION AND TRAINING

Article 1. Amendments to Government's Decree No. 49/2018/ND-CP dated March 30, 2018 prescribing vocational education and training accreditation, as amended in Government’s Decree No. 140/2018/ND-CP dated October 08, 2018 providing amendments to Decrees on business conditions and administrative procedures within jurisdiction of Ministry of Labour, War Invalids and Social Affairs of Vietnam

1. Article 7 is amended as follows:

“Article 7. Authority to issue, re-issue and revoke certificate of eligibility for vocational education and training accreditation; suspend vocational education and training accreditation

The Director General of the Directorate of Vocational Education and Training shall take charge of issuing, re-issuing and revoking certificate of eligibility for vocational education and training accreditation, and suspending vocational education and training accreditation.”

2. Article 8 is amended as follows:

a) Points b, c, d Clause 1 are amended as follows:

“b) A copy of the establishment decision (if the applicant is an administrative unit);

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d) Documents on accreditors of the accreditation organization, including: copies of employment contracts or public employee contracts signed between the accreditation organization and its accreditors;”

b) Points a, b, c Clause 4 are amended as follows:

“a) The organization that wishes to apply for issuance or re-issuance of certificate of eligibility for vocational education and training accreditation shall submit an application, including prescribed documents, to the Directorate of Vocational Education and Training directly at the single-window section or by post or online through the National public service portal or the public service portal of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

b) Within 30 working days from the receipt of adequate and valid application, the Directorate of Vocational Education and Training shall, pursuant to the provisions of Clauses 1, 2 Article 8 of this Decree, appraise the received application and request the Director General to issue certificate of eligibility for vocational education and training accreditation (using Form No. 02 in Appendix I enclosed herewith). If an application is refused, within 05 working days from its receipt, the Directorate of Vocational Education and Training shall provide written reasons for refusal to the applicant;

c) Within 15 working days from the receipt of adequate and valid application, the Directorate of Vocational Education and Training shall, pursuant to the provisions of Clauses 1, 2 Article 8 of this Decree, appraise the received application and request the Director General to re-issue certificate of eligibility for vocational education and training accreditation (using Form No. 02 in Appendix I enclosed herewith). If an application is refused, within 05 working days from its receipt, the Directorate of Vocational Education and Training shall provide written reasons for refusal to the applicant;”

3. Article 9 is amended as follows:

a) Point a Clause 3 is amended as follows:

“a) Within 10 working days from the receipt of the conclusion given by a competent authority as prescribed in Article 26 of this Decree with respect to the violation committed by the accreditation organization as prescribed in Clause 1 Article 9 of this Decree, the Director General of Directorate of Vocational Education and Training shall issue a decision on suspension of vocational education and training accreditation;”

b) Point b Clause 4 is amended as follows:

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- The accreditation organization shall submit an application for approval for resumption of vocational education and training accreditation, including prescribed documents, to the Directorate of Vocational Education and Training directly at the single-window section or by post or online through the National public service portal or the public service portal of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

- Within 30 working days from the receipt of an adequate and valid application, the Directorate of Vocational Education and Training shall consider the received application and request the Director General to issue a decision to grant approval for resumption of vocational education and training accreditation. If an application is refused, within 05 working days from its receipt, the Directorate of Vocational Education and Training shall provide written reasons for refusal to the applicant;”

4. Article 10 is amended as follows:

a) Point b Clause 2 is amended as follows:

“b) In case of compulsory revocation of certificate of eligibility for vocational education and training accreditation, the application for revocation must include documentary evidences for such revocation.”

b) Clause 3 is amended as follows:

“3. Procedures for revocation of certificate of eligibility for vocational education and training accreditation

a) In case the accreditation organization applies for suspension of its operation:

The accreditation organization shall submit an application for suspension of its operation, including prescribed documents, to the Directorate of Vocational Education and Training directly at the single-window section or by post or online through the National public service portal or the public service portal of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

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b) In case of compulsory revocation of certificate of eligibility for vocational education and training accreditation, within 10 working days from the receipt of an adequate and valid application, the Directorate of Vocational Education and Training shall prepare and submit a request, accompanied with supporting documents, to the Director General for issuance of a decision on revocation of certificate of eligibility for vocational education and training accreditation.”

5. Clause 2 Article 18 is amended as follows:

“2. The individual who wishes to apply for issuance of an accreditor card shall submit an application, including prescribed documents, to the Directorate of Vocational Education and Training directly at the single-window section or by post or online through the National public service portal or the public service portal of the Ministry of Labour, War Invalids and Social Affairs of Vietnam. Such application includes:

a) The application form (using Form No. 05 in Appendix I enclosed herewith);

b) 04 color photos of 2 cm x 3 cm size, taken within the last 06 months before the date of application, with white background, eyes looking at the camera, bare head, wearing casual costume, and without bearing color glasses;

c) Copies of degrees and certificates as prescribed in Clauses 2, 4, 5 and 6 Article 13 of this Decree;

d) A health certificate issued by a medical center of district or equivalent level within the last 06 months before the date of application.”

6. Clause 3 Article 19 is amended as follows:

“3. The individual who wishes to apply for re-issuance of an accreditor card shall submit an application, including prescribed documents, to the Directorate of Vocational Education and Training directly at the single-window section or by post or online through the National public service portal or the public service portal of the Ministry of Labour, War Invalids and Social Affairs of Vietnam. Such application includes:

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b) 04 color photos of 2 cm x 3 cm size, taken within the last 6 months before the date of application, with white background, eyes looking at the camera, bare head, wearing casual costume, and without bearing color glasses;

c) A declaration of engagement in vocational education and training accreditation activities during the validity period of his/her accreditor card and copies of contracts signed with the accreditation organization for carrying out external assessment (if any);

d) The issued accreditor card which has been damaged or has expired.”

7. Forms No. 01 and 02 in the Appendix enclosed with the Decree No. 49/2018/ND-CP are replaced with Form No. 01 in Appendix I enclosed herewith.

8. Forms No. 03, 04, 05 in the Appendix enclosed with the Decree No. 49/2018/ND-CP are replaced with Forms No. 02, 03, 04 in Appendix I enclosed herewith.

9. Forms No. 08 and 09 in the Appendix enclosed with the Decree No. 49/2018/ND-CP are replaced with Form No. 05 in Appendix I enclosed herewith.

Article 2. Abrogation of Clauses 2 and 3 Article 25 of the Government’s Decree No. 49/2018/ND-CP dated March 30, 2018 prescribing vocational education and training accreditation

Chapter II

OCCUPATIONAL SAFETY AND HEALTH

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1. Clause 1 Article 13 is amended as follows:

“1. The individual that wishes to apply for issuance or re-issuance of inspector certificate shall submit an application, including prescribed documents, to the competent authority directly at its single-window section or by post or online through the National public service portal or the public service portals of Ministries that are competent to issue the certificate of eligibility to conduct technical inspection of occupational safety as prescribed in Appendix Ib enclosed herewith.”

2. Clause 2 Article 16 is amended as follows:

“2. Submit a report to the relevant provincial Department of Labour, War Invalids and Social Affairs directly at its single-window section or by post or online at the National public service portal or the relevant provincial public service portal within 30 days from the day on which the machinery, equipment or supplies subject to strict occupational safety requirements are put into use, unless otherwise prescribed in specialized laws."

3. The “Application for issuance of certificate of eligibility to conduct technical inspection of occupational safety" template in Appendix Ia enclosed with the Decree No. 44/2016/ND-CP is replaced with Form No. 01 in Appendix II enclosed herewith.

4. The “Application for re-issuance (renewal) of certificate of eligibility to conduct technical inspection of occupational safety" template in Appendix Ia enclosed with the Decree No. 44/2016/ND-CP is replaced with Form No. 02 in Appendix II enclosed herewith.

5. The “Application for issuance of inspector certificate " template in Appendix Ic enclosed with the Decree No. 44/2016/ND-CP is replaced with Form No. 03 in Appendix II enclosed herewith.

6. Appendix Idd enclosed with the Decree No. 44/2016/ND-CP is replaced with Form No. 04 in Appendix II enclosed herewith.

Article 4. Abrogation of Clause 5 Article 11 of the Government's Decree No. 44/2016/ND-CP dated May 15, 2016 elaborating certain Articles of the Law on Occupational Safety and Health (OSH) in respect of technical inspection of occupational safety, OSH training, and workplace monitoring

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IMPLEMENTATION

Article 5. Effect and implementation organization

1. This Decree comes into force from the date on which it is signed.

2. Administrative procedures which have been initiated before the effective date of this Decree shall continue to be processed in accordance with the provisions of the Government's Decree No. 49/2018/ND-CP dated March 30, 2018, as amended in the Government’s Decree No. 140/2018/ND-CP dated October 08, 2018, and the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of Provincial People’s Committees shall be responsible for guidance on and implementation of this Decree.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha