Decree No. 04/2023/NĐ-CP Amending and supplementing certain articles of decrees related to investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs.

DECREE

Provincial People's Committees set specific pricesAmending and supplementing certain articles of Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration 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 Enterprise Law dated June 17, 2020;

Pursuant to the Investment Law dated June 17, 2020;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree amending and supplementing certain articles of Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs.

PART I

FIELD OF VOCATIONAL EDUCATION

Article 1. Amending and supplementing certain articles of Decree No. 49/2018/NĐ-CP dated March 30, 2018 of the Government on the quality assessment of vocational education which has been amended and supplemented certain articles according to Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs.

1. Amending and supplementing Article 7 as follows:

"Article 7. Authority to issue, reissue, and revoke the Certificate of Eligibility for Quality Assessment of Vocational Education; suspending the quality assessment activities of vocational education. The Director of the General Department of Vocational Education shall issue, reissue, and revoke the Certificate of Eligibility for Quality Assessment; suspend the quality assessment activities of vocational education."

2. Amend and supplement Article 8 as follows:

a) Amend points b, c, d of Clause 1 as follows:

"b) A copy of the Decision on establishment for public service units;"

c) Documents about the person directly responsible for the quality assessment activities of vocational education of the quality assessment organization: Decision appointing the person directly responsible for the quality assessment activities of vocational education;"

d) Documents about quality assessors of the quality assessment organization: A copy of labor contracts or working agreements signed between the quality assessment organization and quality assessors;"

b) Amending and supplementing points a, b, c of Clause 4 as follows:

"a) Organizations that need to obtain or reissue the Certificate of Eligibility for Quality Assessment shall submit one set of application documents in accordance with regulations directly to the General Department of Vocational Education at the One-Stop Service Center or through postal services or online submission at the National Public Service Portal or the Ministry of Labor, Invalids, and Social Affairs' Public Service Portal;"

b) Within thirty working days from the date of receiving complete and valid application documents, based on the provisions of Clause 1 and Clause 2 of Article 8 of this Decree, the General Department of Vocational Education shall examine and submit to the Director of the General Department of Vocational Education for issuance of the Certificate of Eligibility for Quality Assessment (Model No. 02 stipulated in Appendix I attached to this Decree). In case the application documents are not valid, within five working days from the date of receipt of the documents, the General Department of Vocational Education shall issue a written response to the organization requesting the Certificate of Eligibility for Quality Assessment and specify the reasons;"

c) Within fifteen working days from the date of receiving complete and valid application documents, based on the provisions of Clause 1 and Clause 2 of Article 8 of this Decree, the General Department of Vocational Education shall examine and submit to the Director of the General Department of Vocational Education for reissuance of the Certificate of Eligibility for Quality Assessment (Model No. 02 stipulated in Appendix I attached to this Decree). In case the application documents are not valid, within five working days from the date of receipt of the documents, the General Department of Vocational Education shall issue a written response to the organization requesting reissuance of the Certificate of Eligibility for Quality Assessment and specify the reasons;"

3. Amend and supplement Article 9 as follows:

a) Amending point a of Clause 3 as follows:

"a) Within ten working days from the date of receipt of the conclusion of the competent authority as prescribed in Article 26 of this Decree regarding the violation of the quality assessment organization as prescribed in Clause 1 of Article 9 of this Decree, the Director of the General Department of Vocational Education shall decide to suspend the quality assessment activities of vocational education;"

b) Amending and supplementing point b of Clause 4 as follows:

"b) Procedures: 

- The quality assessment organization shall submit one set of application documents for permission to continue quality assessment activities of vocational education in accordance with regulations directly to the General Department of Vocational Education at the One-Stop Service Center or through postal services or online submission at the National Public Service Portal or the Ministry of Labor, Invalids, and Social Affairs' Public Service Portal;"

- Within thirty working days from the date of receiving complete and valid application documents, the General Department of Vocational Education shall review and submit to the Director of the General Department of Vocational Education for decision to permit the quality assessment organization to continue quality assessment activities of vocational education. In case the application documents are not valid, within five working days from the date of receipt of the documents, the General Department of Vocational Education shall issue a written response to the organization requesting permission to continue quality assessment activities of vocational education and specify the reasons;"

4. Amend and supplement Article 10 as follows:

a) Amending and supplementing point b Clause 2 as follows:

"b) In cases where the Certificate of Eligibility for Quality Assessment is compulsorily revoked, the file must contain evidence leading to the compulsory revocation of the Certificate of Eligibility for Quality Assessment."

b) Amend and supplement Clause 3 as follows:

"3. Procedures for Revoking the Certificate of Eligibility for Quality Assessment

a) In cases where the quality assessment organization requests to terminate quality assessment activities of vocational education: 

The quality assessment organization shall submit one set of application documents for termination of quality assessment activities of vocational education to the General Department of Vocational Education directly at the One-Stop Service Center or through postal services or online submission at the National Public Service Portal or the Ministry of Labor, Invalids, and Social Affairs' Public Service Portal;"

Within thirty working days from the date of receiving complete and valid application documents, the General Department of Vocational Education shall review and submit to the Director of the General Department of Vocational Education for decision to revoke the Certificate of Eligibility for Quality Assessment. In case the application documents are not valid, within five working days from the date of receipt of the documents, the General Department of Vocational Education shall issue a written response to the quality assessment organization requesting termination of quality assessment activities of vocational education and specify the reasons.

b) In case of being compelled to revoke the Certificate of Eligibility for Inspection Activities, within ten working days from the date of receiving complete valid files, the General Department of Vocational Education shall prepare the file and submit it to the Director of the General Department of Vocational Education for a decision to revoke the Certificate of Eligibility for Inspection Activities.

5. Amend and supplement Clause 2 of Article 18 as follows:

"2. Individuals who wish to obtain an inspection certificate shall submit one set of documents in accordance with regulations directly at the One-Stop Service Center of the General Department of Vocational Education, through postal services, or online at the National Public Service Portal or the Ministry of Labor - Invalids and Social Affairs' Public Service Portal. The documents include:

a) Application form for an inspection certificate (Form No. 05 prescribed in Appendix I attached hereto);

b) Four identical color photographs, size 2 cm x 3 cm, taken against a light background, looking straight ahead, bareheaded, without tinted glasses, in casual attire, taken not more than six months prior to the submission of the application;

c) Copies of diplomas and certificates meeting the requirements stipulated in Clauses 2, 4, 5, and 6 of Article 13 of this Decree;

6. Amend and supplement Clause 3 of Article 19 as follows:

"3. Individuals who wish to reissue an inspection certificate shall submit one set of documents in accordance with regulations directly at the One-Stop Service Center of the General Department of Vocational Education, through postal services, or online at the National Public Service Portal or the Ministry of Labor - Invalids and Social Affairs' Public Service Portal. The documents include:

a) Application form for reissuing an inspection certificate (Form No. 05 prescribed in Appendix I attached hereto);

b) Four identical color photographs, size 2 cm x 3 cm, taken against a light background, looking straight ahead, bareheaded, without tinted glasses, in casual attire, taken not more than six months prior to the submission of the application;

c) Declaration on participation in activities related to vocational education quality inspection during the validity period of the inspection certificate and copies of contracts signed with inspection organizations to conduct external evaluations (if any);

d) The previously issued inspection certificate that is damaged or has expired."

7. Replace Form No. 01 and Form No. 02 in the Appendix accompanying Decree No. 49/2018/NĐ-CP with Form No. 01 in Appendix I attached hereto.

8. Replace Form No. 03, Form No. 04, and Form No. 05 in the Appendix accompanying Decree No. 49/2018/NĐ-CP with Form No. 02, Form No. 03, and Form No. 04 in Appendix I attached hereto.

9. Replace Form No. 08 and Form No. 09 in the Appendix accompanying Decree No. 49/2018/NĐ-CP with Form No. 05 in Appendix I attached hereto.

Article 2. Repeal Clause 2 and Clause 3 of Article 25 of Decree No. 49/2018/NĐ-CP dated March 30, 2018 of the Government regarding the inspection of vocational education quality.

Chapter II

 WORK SAFETY AND HEALTH FIELD

Article 3. Amend and supplement some articles of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Work Safety and Health concerning technical safety inspection activities, occupational safety and health training, and workplace environmental monitoring.

1. Amending and supplementing Clause 1 of Article 13 as follows:

"1. Individuals who wish to obtain or reissue an inspection certificate shall submit one set of documents to the competent authority directly at the One-Stop Service Center, through postal services, or online at the National Public Service Portal or the Public Service Portal of the ministries authorized to issue the Certificate of Eligibility for Inspection Activities as prescribed in Appendix Ib attached hereto."

2. Amend and supplement Clause 2 Article 16 as follows:

"2. Report to the Department of Labor - Invalids and Social Affairs of the locality by submitting the report directly at the One-Stop Service Center, through postal services, or online at the National Public Service Portal or the provincial or centrally-administered city's Public Service Portal within thirty days from the date of putting into use machinery, equipment, and materials with strict requirements for work safety, except where otherwise provided by special laws."

3. Replace the "Application for a Certificate of Eligibility for Technical Safety Inspection Activities" in Appendix Ia of Decree No. 44/2016/NĐ-CP with Form No. 01 in Appendix II attached hereto.

4. Replace the "Application for Reissuance (Extension) of a Certificate of Eligibility for Technical Safety Inspection Activities" in Appendix Ia of Decree No. 44/2016/NĐ-CP with Form No. 02 in Appendix II attached hereto.

5. Replace the "Application for an Inspection Certificate" in Appendix Ic of Decree No. 44/2016/NĐ-CP with Form No. 03 in Appendix II attached hereto.

6. Replace Appendix Id of Decree No. 44/2016/NĐ-CP with Form No. 04 in Appendix II attached hereto.

Article 4. Repeal Clause 5 of Article 11 of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law on technical safety and health inspection activities, occupational safety and health training, and labor environment monitoring.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 5. Effectiveness and implementation

1. This Decree shall take effect from the date of issuance.

2. In cases where administrative procedures arise before this Decree takes effect, they shall continue to be implemented according to the provisions of Decree No. 49/2018/NĐ-CP dated March 30, 2018 of the Government on educational quality assessment in vocational education which has been amended and supplemented by some articles pursuant to Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several Decrees related to investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs, and Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law on technical safety and health inspection activities, occupational safety and health training, and labor environment monitoring.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for guiding and implementing this Decree.

ANNEX I

MODEL FOR VOCATIONAL EDUCATION
(Attached to Decree No. 04/2023/NĐ-CP dated February 13, 2023 of the Government)

Form No. 01

PETITION FOR APPLICATION

Issuing/Renewing Certificate of Eligibility for Quality Assessment Activities in Vocational Education

Respectfully submitted to:...

1. Name of Organization: …

3. Legal representative's name: …

3. Telephone: … Fax: … Email: …

4. Website: …

5. Decision on Establishment/Decision on Name Change (if applicable)/Business Registration Certificate Number … Issuing Authority: … Issued on … at …

6. Certificate of Eligibility for Quality Assessment Activities in Vocational Education: Number … Date of Issue: … (For the case of applying for renewal of the Certificate of Eligibility for Quality Assessment Activities in Vocational Education).

7. After studying the provisions of Decree No. …/……/NĐ-CP dated … month … year … of the Government, we recognize that our organization meets all the conditions for quality assessment activities in vocational education. (For the case of applying for the Certificate of Eligibility for Quality Assessment Activities in Vocational Education)

We request the Director of the General Department of Vocational Education to issue/renew the Certificate of Eligibility for Quality Assessment Activities in Vocational Education.

(For the case of applying for renewal of the Certificate of Eligibility for Quality Assessment Activities in Vocational Education, please state the reason for renewal)

8. Enclosed documents include:

-................................................................................................................

-………………………………………………………………………………….

(For the case of inspector documentation of the quality assessment organization, clearly indicate the information about the card number, date of issuance of the Quality Assessment Inspector Card in Vocational Education of the inspector).

9. We hereby commit:

- To bear full responsibility under the law for the accuracy and legality of the contents in this application and attached documents and files.

- To comply with regulations on quality assessment activities in vocational education and other relevant laws.

Form No. 02

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY

NAME OF ORGANIZATION: …

Address: …

Registration Certification Code: …

CERTIFIED TO HAVE ELIGIBILITY FOR QUALITY ASSESSMENT ACTIVITIES IN VOCATIONAL EDUCATION

Pursuant to Decision No. …/QĐ-TCGDNN dated … month … year … of the Director of the General Department of Vocational Education

Date of Issue: …

Issue No.: …

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

PETITION FOR APPLICATION

Permission to Continue Quality Assessment Activities in Vocational Education

Respectfully submitted to:...

1. Name of Organization: …

2. Contact Address: …

3. Telephone: … Fax: … Email: …

4. Website: …

5. Decision on Establishment/Business Registration Certificate Number: … Issuing Authority: … Issued on … at …

6. Certificate of Eligibility for Quality Assessment Activities in Vocational Education: Registration Certification Code: …, Date of Issue: …

7. We request the General Department of Vocational Education to consider and grant permission to continue quality assessment activities in vocational education:

- Reason for Request: …

……………………………..…………………………………………………..

8. Enclosed documents include:

- ………………;

- ………………

9. We hereby commit:

- To bear full responsibility under the law for the accuracy and legality of the contents in this application and attached documents and files;

- To comply with regulations on quality assessment activities in vocational education and other relevant laws.

Form number 04

PETITION FOR APPLICATION

Termination of Quality Assessment Activities in Vocational Education

Respectfully submitted to:...

1. Name of Organization: …

2. Contact Address: …

3. Telephone: … Fax: … Email: …

4. Website: …

5. Decision on Establishment/Business Registration Certificate Number: … Issuing Authority: … Issued on … at …

6. Certificate of Eligibility for Quality Assessment Activities in Vocational Education: Registration Certification Code: …, Date of Issue: …

7. We request the General Department of Vocational Education to consider and terminate quality assessment activities in vocational education:

- Reason for Request: …

8. Enclosed documents include:

- ………………;

- ……………….

9. We hereby commit:

- To bear full responsibility under the law for the accuracy and legality of the contents in this application and attached documents and files;

- To fully implement the plan to ensure the legitimate rights and interests of organizations and individuals related to quality assessment activities in vocational education.

Form number 05

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

..., day ... month ... year ...

3. Total time spent teaching or working in management, research, or activities within the vocational education field: …years.

4. Continuous total time worked in a field related to the trained specialty: …years.

III. Attached Documents

- ....................................................

- ....................................................

- ……………………………………..

After studying the regulations on quality assessment in vocational education, I find that I meet all the criteria for a quality assessment officer in vocational education. Therefore, I submit this application requesting issuance/reissuance of the quality assessment officer certificate.

I solemnly declare that the above contents are entirely true and undertake responsibility for the legality of the attached documents.

ANNEX II

SAFETY AND HEALTH AT WORK FORM
(Attached to Decree No. 04/2023/NĐ-CP dated February 13, 2023 of the Government)

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day … month … year 20…

PETITION FOR APPLICATION

Issuance of Certificate Meeting Conditions for Technical Safety and Health Inspection Activities

Respectfully submitted to: ...

1. Name of Organization: …

Telephone: …Fax: …Email: …

2. Decision on Establishment/Business Registration Certificate number …Issuing Authority: …issued on …at …

3. After studying Decree number 44/2016/NĐ-CP dated May 15, 2016 of the Government, we recognize that we have met all conditions for technical safety and health inspection activities for inspected objects within the following scope:

We respectfully request the authority to consider and issue a Certificate Meeting Conditions for Technical Safety and Health Inspection Activities for …(name of organization) within the aforementioned scope.

4. The accompanying documents include:…

5. We commit to:

- To bear full responsibility under the law for the accuracy and legality of the contents in this application and attached documents and files.

- Adhering strictly to regulations on technical safety and health inspection activities and other relevant laws.

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day … month … year 20…

PETITION FOR APPLICATION

Reissuance (Extension) of Certificate Meeting Conditions for Technical Safety and Health Inspection Activities

Respectfully submitted to: ...

1. Name of Organization: …

Telephone: …Fax: …Email: …

2. Established according to Decision/Business Registration Certificate number …Issuing Authority: …issued on …at …

3. Certificate Meeting Conditions for Technical Safety and Health Inspection Activities previously issued number: …; Expiry Date: …

4. We respectfully request the authority to consider and reissue (extend) the Certificate Meeting Conditions for Technical Safety and Health Inspection Activities within the following scope:

- Reason (in case of extension, no information needs to be filled in this section) …

5. The accompanying documents include: - …

6. We commit to:

- To bear full responsibility under the law for the accuracy and legality of the contents in this application and attached documents and files;

- Adhering strictly to regulations on technical safety and health inspection activities and other relevant laws.

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day … month … year 20…

PETITION FOR APPLICATION

Issuance (or Reissuance) of Quality Inspector Certificate

Respectfully submitted to: ...

Full Name: …Date of Birth: …

ID Number/Identity Card:…

Educational Qualification: …telephone …Email: …

Request for Issuance of Quality Inspector Certificate with the following scope:

send a text message

Request for Reissuance of Quality Inspector Certificate number ……

Reason/Content Requested for Reissuance:

Attached Documents Include:

Form number 04

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

DECLARATION FORM FOR INSPECTED OBJECT USAGE

I. INFORMATION ON REPORTING ORGANIZATION/INDIVIDUAL

1. Name of Organization/Individual: …

3. Telephone: …;   Fax: …; Email: …

3. Telephone: …4. Fax: …5. Email: …

II. CONTENTS OF DECLARATION

(Attached copy of Inspection Result Certificate number: …issued by Inspection Organization…).