Circular No. 19/2016/TT-BLDTBXH guiding the implementation of certain provisions of Government Decree No. 31/2015/NĐ-CP dated March 24, 2015 detailing the implementation of certain articles of the Labor Law on the assessment and issuance of national vocational skill certificates.

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES OF THE GOVERNMENTAL DECREE NO. 31/2015/NĐ-CP DATED MARCH 24, 2015 ON DETAILING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LABOR LAW REGARDING NATIONAL SKILL CERTIFICATION AND ISSUANCE

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Based on Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Labor, Invalids and Social AffairsPursuant to the request of the Director General of the Department of Vocational Education;

Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Labor Law regarding national skill certification and issuance articlesassessment, issuance of national skill certificates;

At the proposal of the General Director of the Vocational Training Administration;And Social Affairs issues this Circular guiding the implementation of certain

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.articles of the Governmental Decree No. 31/2015/NĐ-CP dated March 24, 2015 on detailing the implementation of certain provisions of the Labor Law regarding national skill certification and issuance. This Circular guides the model certificate and documents included in the application dossier for national skill certification activities; the model assessor card and documents included in the application dossier for national skill assessor cards; registration to participate in national skill certification activities, application dossiers for participation in national skill certification activities; procedures for conducting national skill certification activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Organizations conducting skill assessments; individuals applying for national skill assessor cards; participants in national skill certification activities;

Article 2. Applicability

2. Other agencies, organizations, and individuals related to issuing certificates for national skill certification activities; issuing national skill assessor cards and implementing national skill certification activities.

Participants

Article 3. Explanation of Terms

1. are workers with certification needs or workers registered by employers for their employees to participate in national skill certification activities at their units, or individuals who have won medals at ASEAN skills competitions and apply to participate in national skill certification activities at level 3 corresponding to the medal-winning trade. National skill certification period

2. is the time frame during which activities assessing specialized knowledge, technical skills, practical work skills, and occupational safety and health procedures of participants take place at national skill assessment organizations across the country. National skill assessment organization

3. is an organization that has been granted a certificate for national skill certification and issuance activities by the Ministry of Labor, Invalids and Social Affairs. MODEL CERTIFICATE, NATIONAL SKILL ASSESSOR CARD AND MODEL DOCUMENTS INCLUDED IN APPLICATION DOSSIER FOR NATIONAL SKILL ASSESSOR CARDS AND APPLICATION DOSSIER FOR NATIONAL SKILL CERTIFICATION ACTIVITIES

Chapter II

Certificate for National Skill Certification Activities

Article 4. Model certificate for national skill certification and issuance activities

The certificate for national skill certification and issuance activities (hereinafter referred to as the certificate) is issued, renewed, supplemented, and reissued by the Ministry of Labor, Invalids and Social Affairs according to the model attached as Appendix 01 accompanying this Circular.

Article 5. Model national skill assessor card

The national skill assessor card (hereinafter referred to as the assessor card) is issued and reissued by the Ministry of Labor, Invalids and Social Affairs according to the model attached as Appendix 02 accompanying this Circular.

The Certificate for Vocational Skill Assessment and Issuance of National Vocational Skill Certificates (hereinafter referred to as the certificate) shall be issued, renewed, supplemented, and reissued by the Ministry of Labor - Invalids and Social Affairs according to the form set out in Appendix 01 attached hereto.

The National Vocational Skill Assessor Card (hereinafter referred to as the assessor card) shall be issued and reissued by the Ministry of Labor - Invalids and Social Affairs according to the form set out in Appendix 02 attached hereto.

Article 6. Model documents for the application dossier for issuance, reissuance, supplementation, and replacement of certificates

a) A request for certificate issuance according to Form No. 01 attached as Appendix 03 issued together with this Circular;

b) An inventory of physical facilities and equipment according to Form No. 02 attached as Appendix 03 issued together with this Circular (this is a document proving compliance with the conditions stipulated in Clause 1, Article 3 of Decree No. 31/2015/ND-CP regarding physical facilities and equipment);

a) A request for changes, supplementation, and replacement of issued certificates according to Form No. 04 attached as Appendix 03 issued together with this Circular;

The documents in the application dossier for the issuance and reissuance of assessor cards shall be prepared according to the form of the request for issuance and reissuance of assessor cards attached as Appendix 04 issued together with this Circular.

Chapter III

REGISTRATION FOR PARTICIPATION AND APPLICATION DOSSIER FOR PARTICIPATION IN ASSESSMENT AND ISSUANCE

Article 5. Model national skill assessor card

Article 8. Registration for participation in assessment and issuance of national vocational skill certificates

Workers who wish to register for participation in the assessment and issuance of national vocational skill certificates at a certain level of vocational skills in a specific trade, employers registering workers currently working at their units for participation in the assessment and issuance of national vocational skill certificates at a certain level of vocational skills in a specific trade suitable to each individual's capabilities, and individuals who have won medals at ASEAN Skills Competitions registering for participation in the assessment and issuance of national vocational skill certificates at Level 3 corresponding to the trade they won medals in (hereinafter collectively referred to as applicants for registration) shall proceed as follows:

1. Online registration case

a) Applicants for registration choose an organization for vocational skill assessment to access the registration for vocational skill assessment section on that organization's website; perform the required actions according to the instructions and fill in the necessary information in the individual registration form (the individual registration form prescribed in Clause 1, Article 9 of this Circular); online registration is completed when the applicant prints out the individual registration form containing all the information they have filled in; each individual will bring the printed registration form with their photo and attach one copy of the relevant documents proving compliance with one of the conditions stipulated in Article 16 or the condition stipulated in Clause 2, Article 18 of Decree No. 31/2015/ND-CP corresponding to the level of vocational skills of the registered trade to submit to the vocational skill assessment organization within the time specified in the examination notification sent by the organization according to Point b of this Clause to complete the individual registration dossier as prescribed in Article 9 of this Circular;

b) The vocational skill assessment organization compares the participation conditions at different levels of vocational skills stipulated in Article 16 or the condition stipulated in Clause 2, Article 18 of Decree No. 31/2015/ND-CP with the information on the individual registration forms submitted by the applicants for registration according to the regulations in Point a of this Clause and must complete sending the individual examination notification forms (the individual examination notification form prescribed in Appendix 05 issued together with this Circular) to the applicants for registration at least seven days before the start of the national vocational skill assessment period.

2. Direct registration or submission of the registration dossier through postal service

a) Applicants for registration can directly obtain individual registration forms from vocational skill assessment organizations or download them from the websites of these organizations (the individual registration form prescribed in Clause 1, Article 9 of this Circular); fill in all necessary information according to the requirements in the individual registration form and affix their photo along with one copy of the relevant documents proving that they meet one of the conditions stipulated in Article 16 or the condition stipulated in Clause 2, Article 18 of Decree No. 31/2015/ND-CP corresponding to the level of vocational skills of the registered trade to complete the individual registration dossier as prescribed in Article 9 of this Circular; directly submit or send the individual registration dossier through postal service to the chosen vocational skill assessment organization.

b) The organization evaluating vocational skills shall evaluate the registration dossier submitted by each individual in accordance with Point a of this Clause, compare such dossier against the participation conditions set forth in Article 16 or Clause 2 of Article 18 of Decree No. 31/2015/NĐ-CP, and complete sending to each participant the notification form for individual examination (as specified in Appendix 5 attached hereto) at least seven (7) days prior to the commencement of the national vocational skill assessment period; if the registration dossier of an individual does not satisfy the requirements of Article 9 of this Circular or does not conform to the conditions stipulated in Article 16 and Clause 2 of Article 18 of Decree No. 31/2015/NĐ-CP, the organization evaluating vocational skills must notify the participant in writing within two (2) days from the date of receipt of the registration dossier of that individual to supplement or perfect the registration dossier and resubmit it to the organization evaluating vocational skills at least nine (9) days prior to the commencement of the national vocational skill assessment period.

Article 9. Registration Dossier

1. The registration dossier of an individual worker who wishes to participate in the evaluation and issuance of national vocational skill certificates at a certain level of vocational skill proficiency in a specific trade or of an individual worker registered by their employer to participate in the evaluation and issuance of national vocational skill certificates at a certain level of vocational skill proficiency in a suitable trade, shall include:

a) A registration form with a color photograph measuring 4x6 cm on a white background, taken in the style of an identity card, as specified in Appendix 6 attached hereto;

b) One copy of a document proving compliance with one of the conditions stipulated in Article 16 of Decree No. 31/2015/NĐ-CP (except for participation in the evaluation at the first level of vocational skill proficiency in a specific trade).

2. The registration dossier of an individual who has won a medal at the ASEAN Skills Competition and wishes to participate in the evaluation and issuance of a national vocational skill certificate at the third level of vocational skill proficiency corresponding to the trade in which they won the medal, shall include:

a) A registration form as specified in Appendix 6 attached hereto with a color photograph measuring 4x6 cm on a white background, taken in the style of an identity card;

b) One copy of the document certifying the achievement of a medal at the ASEAN Skills Competition.

Chapter IV

PROCEDURE FOR THE IMPLEMENTATION OF NATIONAL VOCATIONAL SKILL EVALUATION AND CERTIFICATE ISSUANCE

NATIONAL VOCATIONAL SKILL EVALUATION PERIODS

Section 1. ESTABLISHING PLANS AND PREPARING CONDITIONS TO ORGANIZENATIONAL VOCATIONAL SKILL EVALUATION PERIODS

Article 10. Establishing Plans to Organize National Vocational Skill Evaluation Periods

The establishment of plans to organize national vocational skill evaluation periods in a year shall be carried out as follows:

3. Within one month after the Ministry of Labor, Invalids and Social Affairs publishes the plan and schedule for organizing national vocational skill evaluation periods in the year as stipulated in Clause 2 of this Article, the organization evaluating vocational skills must develop a detailed plan for the national vocational skill evaluation periods to be held at its own organization in the year according to the model specified in Appendix 9 attached hereto, publish it on its website, post a notice at its main office, and simultaneously send it to the Department of Labor, Invalids and Social Affairs of the locality where the organization evaluating vocational skills operates for reporting purposes.

Article 11. Preparing Conditions for Organizing National Skill Assessment Periods

1. For skill assessment organizations:

a) Prepare a list of participants to attend knowledge tests and practical tests at each level of skill proficiency for each trade according to the model attached as Appendix 10 to this Circular and post it on the organization's electronic information website at least nine (9) days before the start of the national skill assessment period.

b) Establish examination boards in accordance with Clause 1, Article 20 of Decree No. 31/2015/NĐ-CP and send the list of members of these examination boards to the Department of Labor, Invalids, and Social Affairs of the locality where the skill assessment organization operates at least seven (7) days before the start of the national skill assessment period.

c) At least five (5) days before the start of the national skill assessment period, select technical staff teams based on the requirements of each trade to prepare the conditions specified in Points d and đ of this Clause.

e) Install and place guiding diagrams and directional signs at the location of the skill assessment period and at the locations of test positions before the start of the national skill assessment period at least three (3) days in advance.

g) Prepare badges, insignias, or cards for members of examination boards, supervisory teams, organizing committees; technical staff; examinees; observers, and other components (if any). These conditions must ensure differentiation among components corresponding to the number of people participating and must be completed at least three (3) days before the start of the national skill assessment period.

h) Prepare medical, safety, and fire prevention and control conditions accompanied by response plans and must be completed at least three (3) days before the start of the national skill assessment period.

i) Install audiovisual monitoring equipment at the locations of test positions for conducting knowledge tests and practical tests of participants to ensure connectivity with the observation and monitoring system located at the site of the skill assessment period in accordance with Point b, Clause 1, Article 3 of Decree No. 31/2015/NĐ-CP and must be completed at least three (3) days before the start of the national skill assessment period.

2. As for the Department of Labor, Invalids, and Social Affairs:

b) Immediately upon receiving the list of members of the examination boards established and sent by the skill assessment organization operating in the local area in accordance with Point b, Clause 1 of this Article, check and compare the list of members of each examination board with the provisions of Points a, b, and c, Clause 1, Article 20 of Decree No. 31/2015/NĐ-CP, notify the skill assessment organization about the approved and unapproved examination boards (if any); if not approved, the notification must clearly state the reasons and required actions. The notification must be sent to the skill assessment organization at least five (5) days before the start of the national skill assessment period.

a) Prepare guidance materials for use during the national skill assessment period for each level of skill proficiency for each trade and provide them to skill assessment organizations at least nine (9) days before the start of the national skill assessment period.

b) Immediately upon receiving the list of supervisory teams established and sent by the Department of Labor, Invalids, and Social Affairs in accordance with Point a, Clause 2 of this Article, decide to establish these supervisory teams and send these decisions to the Department of Labor, Invalids, and Social Affairs at least three (3) days before the start of the national skill assessment period.

Article 12. Implementation and inspection of preparation of conditions before each national vocational skill assessment period

Prepare knowledge tests and practical tests according to each level of vocational skills for each trade, along with scoring criteria and score sheets contained in the question bank compiled and managed in accordance with Clause 4, Article 20 of Decree No. 31/2015/NĐ-CP, and provide them to the organizations conducting vocational skill assessments at least one (1) day prior to or no later than on the day before the start of the national vocational skill assessment period.

2. As for the Department of Labor, Invalids, and Social Affairs:

c) Issue a document to the organization conducting vocational skill assessments requiring the cessation of the implementation of the vocational skill assessment of participants at the level of vocational skills for the trade where the evaluation board has requested, in accordance with Point b, Clause 4 of this Article (if applicable), immediately upon receipt of such request.

3. For organizations conducting vocational skill assessments:

b) Two (2) days before the start of the national vocational skill assessment period, hold meetings with evaluation boards to unify the list of technical staff selected in accordance with Point c, Clause 1, Article 11 of this Circular to assist each evaluation board during the process of conducting the vocational skill assessment of participants; organize the operation at the examination site, allocate and arrange time for knowledge testing and practical testing sessions to suit the number of participants at each level of vocational skills for each trade.

d) At the latest one (1) day before the start of the national vocational skill assessment period, directly inform participants about the internal rules and regulations of the organization regarding the assessment and issuance of national vocational skill certificates; announce the list of participants for each knowledge testing and practical testing session and prohibited items from being brought into the examination venue; answer any inquiries (if any); post and display these announcements at the entrances and exits of the examination sites.

4. For evaluation boards:

a) Receive materials provided by the organization conducting vocational skill assessments in accordance with Point a, Clause 3 of this Article.

b) At least two (2) days before the commencement of the national skill assessment period, conduct inspections of the conditions prepared by the skill assessment organization according to Points d and đ Clause 1 Article 11 of this Circular for the level of skill proficiency of the trade that will be assessed; if the preparation of these conditions does not meet the requirements stipulated in Point a of this Clause, a record shall be made requesting the skill assessment organization to immediately rectify the situation; if the rectification is not completed or cannot be completed one day before the commencement of the national skill assessment period, a written request shall be submitted to the Department of Labor, Invalids, and Social Affairs to consider suspending the skill assessment at that level of skill proficiency for that trade;

c) Hold a meeting with the skill assessment organization to reach consensus on the contents prescribed in Point b Clause 3 of this Article;

d) One (1) day before the commencement of the national skill assessment period, hold a meeting with technical support staff to assign tasks and convene members of the examination board to agree on the methods for handling and resolving situations that may arise during the skill assessment process based on the materials received as stipulated in Point a of this Clause;

5. For participants:

a) Bring individual examination notification forms and other necessary documents and ensure their presence at the designated time to complete the procedures required as recorded in the individual examination notification form sent by the skill assessment organization according to Points b Clause 1 and b Clause 2 Article 8 of this Circular;

b) Listen to the skill assessment organization's dissemination and announcement of the contents prescribed in Point đ Clause 3 of this Article;

Section 2. IMPLEMENTATION OF KNOWLEDGE ASSESSMENT AND SKILL ASSESSMENTPRACTICAL IN NATIONAL SKILL ASSESSMENT PERIODS

Article 13. Knowledge Assessment in National Skill Assessment Periods

The knowledge assessment of participants shall be conducted as follows:

1. For participants when attending knowledge examinations:

a) Be present at the location where the knowledge test positions are arranged at least thirty (30) minutes before the examination time;

d) Listen to the examination board's instructions regarding matters to note during the examination, which are not allowed to be implemented within the guidance material provided during the national skill assessment period for the level of skill proficiency of the trade as stipulated in Point a Clause 4 Article 12 of this Circular; violations during the examination will be handled as prescribed in Article 17 of this Circular;

đ) Receive the examination number and test position assigned by the examination board and sign the list of participants attending the knowledge examination;

e) Receive the knowledge examination paper from the examination board and complete the examination; upon completion of the examination time, submit the completed knowledge examination paper to the examination board and sign the receipt and submission record form established according to Appendix 14 issued together with this Circular;

g) In cases of computer-based knowledge examinations, participants are permitted to take a pre-examination practice test installed on the computer before receiving the automatically generated examination paper from the system. The examination duration is determined by the system, and the submission of the examination paper is done through the computer. Upon completion of the examination time, the examinee signs to confirm the examination score printed out by the examination board from the computer;

h) Comply with and implement the requirements of the examination board;

2. For the examination board:

a) Be present at the location where the knowledge test positions are arranged at least sixty (60) minutes before the examination time;

b) The head of the examination board takes attendance and checks the badges and insignias of the examination board members and technical support staff (if applicable); receives the knowledge examination papers along with marking criteria and grading sheets handed over by the skill assessment organization; checks the seals on the examination papers upon receipt and signs the receipt record form established according to Appendix 12 issued together with this Circular;

c) Check and assign examination numbers at the test positions;

e) Inform participants about the contents prescribed in Point d Clause 1 of this Article and require them to comply with those contents;

g) Distribute (attach, affix) examination numbers to participants and require them to sign the confirmation list of participants attending the knowledge examination; guide participants to their test positions;

h) Distribute the knowledge examination papers to participants; issue signals to announce the start time, the approaching end time, and the end time of the examination.

i) Observe and remind participants during the implementation of the compliance test and ensure they adhere to the contents disseminated according to Point e of this Clause; do not answer questions from participants related to the content of the test; prepare a record to handle participants who violate according to Article 17 of this Circular;

k) Receive knowledge tests from participants, hand over and require participants to sign on the receipt and submission record of the test. The model of the receipt and submission record of the test is attached at Appendix 14 issued together with this Circular;

l) Return to participants the documents and items that have been handed over and submitted (if any) immediately after completing the receipt of the knowledge test from participants;

Article 14. Scoring Knowledge Tests in National Skill Assessment Periods

1. After completing the receipt of knowledge tests from participants according to Point k of Clause 2, Article 13 of this Circular, the examination board shall immediately score the knowledge tests of the examinees. The scoring of the knowledge tests shall be conducted according to the marking criteria and grading sheet accompanying the received and handed-over knowledge tests as stipulated in Point b of Clause 2, Article 13 of this Circular;

2. For cases where the knowledge test is conducted on a computer, the scoring of the test will be automatically performed on the computer; the examination board will print out the results of the knowledge test scores of the participants;

3. Immediately after completing the scoring of the knowledge tests as prescribed in Clause 1 or Clause 2 of this Article and informing the participants of their knowledge test scores according to Clause 1 of Article 20 of this Circular, the head of the examination board shall compile the results of the knowledge test scores of the participants with confirmation from the members of the examination board on the record according to the model at Appendix 15 issued together with this Circular for submission to the skill assessment organization;

4. Hand over and submit the knowledge tests and marking criteria, grading sheets that have been received but not used to the skill assessment organization immediately after completing the scoring. The handover and submission must be recorded according to the model at Appendix 12 issued together with this Circular;

Article 15. Assessing Practical Skills in National Skill Assessment Periods

The assessment of practical skills of participants shall be carried out as follows:

1. For participants when taking the practical test:

a) Be present at the location where practical test positions are arranged at least 60 minutes before the testing time;

b) Present the examination notification form received according to Point b of Clause 1 and Point b of Clause 2, Article 8 of this Circular along with identification card and present the tools and equipment used during the practical test (if any) for the examination board to check;

d) Listen to the examination board's instructions regarding matters to note during the examination, which are not allowed to be implemented within the guidance material provided during the national skill assessment period for the level of skill proficiency of the trade as stipulated in Point a Clause 4 Article 12 of this Circular; violations during the examination will be handled as prescribed in Article 17 of this Circular;

đ) Receive the examination number and practical test position assigned by the examination board and indicated; sign to confirm on the list of participants attending the practical test;

e) Check and start up the equipment (means, devices, working tools, and measuring instruments) already arranged at the practical test position according to the guidance of technical support staff; in case of discovering equipment malfunctions, request technical staff to repair or replace or request the examination board to transfer the practical test position to a backup position;

g) Receive the practical test paper issued by the examination board, check the materials (parts, blanks, or samples), raw materials, and fuels prepared beforehand; in case of discovering material malfunctions, raw materials, and fuels issues, request technical staff to replace them;

h) Conduct the practical test: Upon completion of the practical test time, submit the product and practical test result to the examination board and sign on the record of receipt and submission of the test paper according to the model at Appendix 14 issued together with this Circular;

i) Adhere to and implement the requirements of the examination board;

2. For the examination board:

a) Be present at the location where practical test positions are arranged at least 60 minutes before the testing time;

b) The head of the examination board shall take attendance and check the badges and insignias of the examination board members and technical support staff; receive the practical test papers accompanied by marking criteria and grading sheets handed over by the skill assessment organization; check the seals on the test papers upon receipt; sign on the receipt record according to the model at Appendix 12 issued together with this Circular;

c) Check and assign examination numbers at the test positions;

d) Welcome participants at the entrance of the location where practical test positions are arranged; request presentation of the examination notification form sent by the skill assessment organization according to Point b of Clause 1 and Point b of Clause 2, Article 8 of this Circular and identification card for verification;

đ) Check the equipment and tools brought by participants for use during the practical test; check the personal protective clothing of participants, if it does not comply with regulations, request participants to correct it immediately, if it cannot be met, then have the right to refuse to allow them to conduct the test;

g) Inform participants about the contents prescribed in Point d of Clause 1 of this Article and require participants to comply with those contents;

h) Issue (wear, attach) the examination number to participants and request them to sign to confirm on the list of practical test attendees; guide participants to the practical test position.

g) Disseminate and explain to participants the provisions in the guidance materials provided by the Ministry of Labor, Invalids and Social Affairs for use during the skill assessment period and those specified in this Circular that need attention or should not be implemented, as well as behaviors that violate regulations during the examination process;

k) Announce the locations of other equipment and tools (if any) and the instructions and warnings within the area where practical test positions are arranged, which participants must pay attention to when performing the test;

l) Distribute the practical test paper to participants; issue signals to announce the start time, limited time, and end time of the test; do not answer or guide participants on issues related to the content of the test;

m) Observe and remind participants during the test to comply with and correctly perform the contents disseminated according to the provisions of Point i of this Clause; prepare a record to handle participants if they commit violations as stipulated in Article 17 of this Circular;

n) Score the attitude of participants during the operation of performing the test according to the scoring criteria and score sheet attached to the received and handed over test paper as prescribed in Point b, Clause 2, Article 15 of this Circular;

o) Receive products and results of the practical test performed by participants, hand them over, and mark them distinctly; check the end time of the test performance, score the end time of the test performance of participants according to the scoring criteria and score sheet attached to the received and handed over test paper as prescribed in Point b, Clause 2, Article 15 of this Circular; request participants to sign the receipt and submission record of the test paper established according to Model 14 issued together with this Circular;

p) Immediately return to participants the documents and items handed over and submitted (if any) right after completing the reception of products and results of the practical test performed by participants;

Article 16. Scoring of Practical Test Papers in National Skill Assessment Periods

1. After completing the reception of products and results of the practical test performed by participants as prescribed in Point o, Clause 2, Article 15 of this Circular, the examination board immediately scores the products and results of the practical test performed by participants. The scoring of products and results of the practical test is conducted according to the scoring criteria and score sheet attached to the received and handed over practical test paper as prescribed in Point b, Clause 2, Article 15 of this Circular;

2. The score of the practical test of participants is the total of the product score, the result score of the practical test, the operational attitude score, and the end time score of the practical test;

3. Immediately after completing the scoring of products and results of the practical test as prescribed in Clause 1, compile the practical test score of participants as prescribed in Clause 2 of this Article, and notify participants of their practical test score as prescribed in Clause 2 of Article 20 of this Circular. The head of the examination board compiles the practical test score of participants, with confirmation from the members of the examination board at the record according to Model 15 issued together with this Circular to submit to the skill assessment organization;

4. Hand over the practical test papers and unused scoring criteria and score sheets to the skill assessment organization immediately after completing the scoring. The handover must be recorded according to Model 12 issued together with this Circular.

Article 17. Violations and Handling of Violations by Participants During the Implementation of Skill Assessment Tests in National Competency Assessments

1. When implementing the test, participants who commit the following acts shall be handled according to the provisions of Clause 2 of this Article, specifically:

a) Bringing and using tablets, mobile phones, devices for receiving, transmitting, and recording information, audio and video recording devices, and devices with functions to store and retain information;

b) Bringing and using tools, equipment, and papers, documents, and items not included in the list of tools and equipment allowed to bring and use during the implementation of the test as announced in the test participation form sent to participants in accordance with Point b, Clause 1 and Point b, Clause 2 of Article 8 of this Circular;

c) Bringing and using items containing flammable, explosive substances, tobacco, alcoholic beverages, and various types of chemicals and medicinal herbs;

d) Causing disturbances, threatening members of the examination board or technical staff supporting the examination board;

đ) Obstructing others from performing the test or damaging products or results of others' test performance;

e) Damaging equipment (means, devices, working tools, and measuring instruments) due to subjective fault;

g) Inflicting self-injury or causing injury to others due to carelessness;

h) Exchanging test papers or scratch paper; copying others' test papers; taking test papers out or receiving them from outside; accepting guidance or assistance from the examination board to perform the test;

i) Writing or drawing irrelevant contents to the test or shapes of practical test results that do not comply with the requirements of the test;

2. The handling of participants committing violations as stipulated in Clause 1 of this Article shall be carried out by the examination board, and when violations are discovered, violation handling records must be established according to the model at Appendix 16 issued together with this Circular, with the following forms:

a) Suspending the continuation of the test for those committing violations at Points a, b, c, d, đ, e, g, and h of Clause 1 of this Article;

b) Not scoring the test for those committing violations at Point i of Clause 1 of this Article.

Section 3. SUPERVISION OF THE IMPLEMENTATION, EVALUATION, AND ISSUANCE OF NATIONAL SKILL CERTIFICATES NATIONAL COMPETENCY

Article 18. Supervision of Activities of Examination Board Members in National Competency Assessments

2. The head of the supervision team is responsible for assigning tasks to team members to supervise the activities of examination board members when performing tasks specified in Clause 2 of Article 13, Clause 2 of Article 14, Clause 2 of Article 15, Article 16, Clause 2 of Article 17, and Article 20 of this Circular. When performing supervisory duties, team members must comply with the provisions at Point b, Clause 3 of Article 22 of Decree No. 31/2015/NĐ-CP. Upon discovering misconduct by examination board members, they must record it and recommend handling according to the provisions of Article 19 of this Circular.

Article 19. Violations by Members of the Examination Board and Handling of Such Violations during National Occupational Skill Assessment Periods

1. When conducting knowledge assessment and practical skill assessment of participants, if members of the examination board commit any of the following acts, they shall be handled according to the provisions of Clause 2 of this Article, specifically:

a) Not performing or performing not in accordance with the provisions of Clause 2 of Article 13, Clause 2 of Article 14, Clause 2 of Article 15, Article 16, Clause 2 of Article 17, and Article 20 of this Circular;

b) Not being present at the location where participants perform their tests on a regular basis;

c) Disclosing the content of the test under any form; taking the test out or bringing it from outside into the test area for participants;

d) Guiding or assisting participants in performing the test in any form;

đ) Swapping or changing products or results of participants' test performance;

e) Modifying or raising or lowering the score of participants' test results.

3. The handling of examination board members who violate the provisions of Clause 1 of this Article shall be conducted by the supervisory team, and upon discovering a violation, a violation handling record must be established according to the model attached as Appendix 16 of this Circular, with the following forms:

a) Suspending and requiring individuals violating Points a and b of Clause 1 of this Article to leave the area and requesting the occupational skill assessment organization to replace them;

4. The assessment organization shall publish on its electronic information website the violations and handling of the examination board during the national occupational skill assessment period.

Section 4. RECOGNITION OF ASSESSMENT RESULTS AND ISSUANCE OF NATIONAL OCCUPATIONAL SKILL CERTIFICATES TO PARTICIPANTS MEETING REQUIREMENTS NATIONAL VOCATIONAL TRADES FOR PARTICIPANTS MEETING REQUIREMENTS

Article 20. Announcing Test Scores for Knowledge Tests and Practical Skill Tests

1. Immediately after completing the scoring of the knowledge test papers of participants as prescribed in Clause 1 or Clause 2 of Article 14 of this Circular, the examination board shall directly inform each participant of their test scores and request them to sign for confirmation on the score sheet or printed copy of the knowledge test scores. If participants have any questions about the knowledge test scores as prescribed in Clause 1 of Article 14 of this Circular, the examination board must immediately re-score the knowledge test paper of that participant before compiling the knowledge test scores of participants to submit to the occupational skill assessment organization as prescribed in Clause 3 of Article 14 of this Circular.

2. Immediately after completing the scoring of products and results of practical skill test performance and compiling the practical skill test scores of participants as prescribed in Clause 1 and Clause 2 of Article 16 of this Circular, the examination board shall directly inform each participant to sign for confirmation on the score sheet of the achieved practical skill test scores. If participants have any questions about the practical skill test scores, the examination board must immediately re-score the products and results of practical skill test performance or provide evidence regarding the attitude and operation during the test and the completion time of the test of that participant before compiling the practical skill test scores of participants to submit to the occupational skill assessment organization as prescribed in Clause 3 of Article 16 of this Circular.

Article 21. Recognition of the assessment results by the examination board

1. Within the latest one (1) day from the date of receipt of the minutes and summary of the scores of the knowledge test and practical test conducted by the examination board in accordance with Clause 3 of Article 14, Clause 3 of Article 16 of this Circular and the supervision report established by the supervision team in accordance with Clause 3 of Article 18 of this Circular, the occupational skill assessment organization shall decide to recognize the assessment results of the examination board for that national occupational skill assessment period.

2. Immediately after deciding to recognize the assessment results of the examination board in accordance with Clause 1 of this Article, the occupational skill assessment organization must publish the results of the knowledge test and practical test of participants on its electronic information website in accordance with the form at Appendix 18 issued together with this Circular and post them at the location where the occupational skill assessment period is held for at least five (5) days.

Article 22. Complaints and Reports

1. Complaints against the results of the knowledge test and practical test announced by the occupational skill assessment organization.

a) During the time the occupational skill assessment organization implements the publication and posting of the announcement of the results of the knowledge test and practical test in accordance with Clause 2 of Article 21 of this Circular, if participants or members of the examination board discover that the results of the knowledge test and practical test in the announcement of the occupational skill assessment organization differ from the results of the knowledge test and practical test directly reported to the participants by the examination board in accordance with Article 20 of this Circular, they have the right to file complaints with the occupational skill assessment organization regarding the results of the knowledge test and practical test of the participants in that announcement;

b) Upon receiving the complaint, the occupational skill assessment organization must examine, resolve, and respond to the complainant. In case discrepancies are found after examination, it must re-recognize the results and republish and repost the results of the knowledge test and practical test of the participants in accordance with Clause 2 of Article 21 of this Circular.

2. Complaints or reports against organizations or individuals directly participating in activities carried out during the national occupational skill assessment period.

a) Organizations or individuals directly participating in or observing the activities of the examination board, participants, and the supervision team during the national occupational skill assessment period have the right to file complaints about the handling of violations stipulated in Article 17 and Article 19 or report individuals or organizations engaging in violations of the provisions set forth in Articles 13, 14, 15, 16, 17, 18, 19, 20, and 21 of this Circular and bear legal responsibility for the content of their complaints and reports;

c) If the content of the complaint or report relates to participants or the examination board and its members, the reporting organization or individual must send the content of the report to the occupational skill assessment organization or the Department of Labor, Invalids, and Social Affairs of the locality where the occupational skill assessment organization operates;

d) The filing of complaints and reports and the resolution of complaints and reports shall be carried out in accordance with the laws on complaints and reports.

Within no more than five (5) days from the date of posting and displaying the examination results as prescribed in Article 21 of this Circular, the vocational skill assessment organization must prepare a request to the Ministry of Labor, Invalids and Social Affairs for recognition and issuance of the national vocational skill certificate to participants who meet the requirements as stipulated in Clause 1, Article 6 of Circular No. 38/2015/TT-BLDTBXH dated October 19, 2015 of the Ministry of Labor, Invalids and Social Affairs.

Chapter V

IMPLEMENTATION

2. Guide provincial Departments of Labor, Invalids and Social Affairs under central cities in inspecting and supervising the implementation of vocational skill assessment and issuance of national vocational skill certificates for workers at vocational skill assessment organizations within their jurisdiction.

3. Organize research and application of information technology in managing the implementation of vocational skill assessment and issuance of national vocational skill certificates; develop online registration software to provide to assessment organizations; establish an information network system connecting with vocational skill assessment organizations nationwide.

5. Fulfill responsibilities as prescribed in Decree No. 31/2015/NĐ-CP and tasks specified in this Circular.

Article 25. Responsibilities of Provincial Departments of Labor, Invalids and Social Affairs

1. Manage, inspect, and supervise the implementation of vocational skill assessment and issuance of national vocational skill certificates for workers at vocational skill assessment organizations operating within their jurisdiction.

2. Coordinate with trade unions in promoting and mobilizing workers to continuously study and improve their vocational skills, and organize inspections and supervision of the implementation of vocational skill assessment and issuance of national vocational skill certificates for workers at vocational skill assessment organizations operating within their jurisdiction.

3. Fulfill tasks as prescribed in this Circular.

Article 26. Tasks of Vocational Skill Assessment Organizations, Examination Committees, Supervisory Teams, and Workers Participating in Vocational Skill Assessment Periods

1. Vocational skill assessment organizations are responsible for retaining and managing evidence and documents related to the implementation of vocational skill assessment and issuance of national vocational skill certificates for workers and fulfilling tasks as prescribed in Decree No. 31/2015/NĐ-CP and other provisions in this Circular.

2. Examination committees and supervisory teams fulfill tasks as prescribed in Decree No. 31/2015/NĐ-CP and other provisions in this Circular.

3. Workers participating in vocational skill assessment periods fulfill tasks as prescribed in this Circular.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Circular takes effect from August 16, 2016.

2. Repeal Circular No. 15/2011/TT-BLDTBXH dated May 10, 2011 of the Ministry of Labor, Invalids and Social Affairs on the Organization and Management of Vocational Skill Assessment and Issuance of National Vocational Skill Certificates.

Article 28. Responsibility for Implementation

1. The Ministry of Labor, Invalids and Social Affairs directs relevant units to coordinate with related agencies to implement and inspect and supervise the implementation and compliance with the provisions of this Circular by vocational skill assessment organizations throughout the country.

2. Provincial Departments of Labor, Invalids and Social Affairs under central cities are responsible for organizing inspections and supervision of the implementation and compliance with the provisions of this Circular by vocational skill assessment organizations operating within their jurisdiction.

IF THERE ARE ANY DIFFICULTIES DURING THE IMPLEMENTATION, THEY ARE REQUESTED TO REPORT PROMPTLY TO THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS FOR REVIEW AND RESOLUTION./.