Decree No. 31/2015/ND-CP provides detailed regulations on certain provisions of the Labor Law regarding the assessment and issuance of national vocational skill certificates.

DECREE

Detailed Implementation of Certain Provisions of the Labor Law on Skill Assessment and Issuance of National Vocational Skill CertificatesThe Government promulgates this Decree to provide detailed implementation of certain provisions of the Labor Law regarding skill assessment and issuance of national vocational skill certificates.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Law dated November 16, 2013;

Decree No. 07/2021/NĐ-CP

1. This Decree provides detailed implementation of Clause 4, Article 31 and Clause 2, Article 35 of the Labor Law concerning conditions, organization, and activities for skill assessment and issuance of national vocational skill certificates and the list of jobs directly affecting the safety and health of individual workers or the community that must have national vocational skill certificates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations on skill assessment, issuance of certificates or certification of vocational skill levels or capabilities for workers compared to the provisions of this Decree, such international treaties shall be followed.

3. For jobs directly affecting the safety and health of individual workers or the community within industries or occupations requiring certificates or licenses as stipulated by other current laws, such jobs shall be implemented according to the relevant laws and the provisions of this Decree.

1. Organizations conducting skill assessments; workers participating in skill assessment and issuance of national vocational skill certificates.

Article 2. Applicability

2. Employers using workers in jobs listed in the job list directly affecting the safety and health of individual workers or the community that require national vocational skill certificates.

3. Other agencies, organizations, or individuals related to the implementation of the provisions of this Decree.

CONDITIONS, ORGANIZATION AND ACTIVITIES FOR SKILL ASSESSMENT AND ISSUANCE OF NATIONAL VOCATIONAL SKILL CERTIFICATES

Chapter II

CONDITIONS, AUTHORITY, PROCEDURES AND FORMALITIES FOR ISSUING LICENSES TO CONDUCT SKILL ASSESSMENT AND ISSUE NATIONAL VOCATIONAL SKILL CERTIFICATES

Section 1

Article 3. Conditions for issuing licenses to conduct skill assessment and issue national vocational skill certificates

Organizations eligible to receive licenses to conduct skill assessment and issue national vocational skill certificates must meet the following conditions:

1. Regarding infrastructure and equipment:

a) Possess infrastructure (specialized rooms, technical facilities, buildings, workshops, and grounds) and equipment (means, devices, tools, and measuring instruments) according to the list of infrastructure and equipment for national vocational skill assessment for each occupation issued by the Ministry of Labor, Invalids, and Social Affairs, ensuring adequacy for the number of participants in skill assessment and issuance of national vocational skill certificates (hereinafter referred to as participants) during a single knowledge test session or practical skills test and occupational safety and hygiene procedures at each level of vocational skill proficiency conducted simultaneously;

b) Have a video and audio surveillance system connected to the Internet, ensuring comprehensive monitoring of all activities during the knowledge test and practical skills test and occupational safety and hygiene procedures of the participants;

c) Have a dedicated online platform allowing workers to register for skill assessment and issuance of national vocational skill certificates online.

2. Regarding direct personnel conducting skill assessment of participants: For each level of vocational skill proficiency in an occupation, there must be at least three (3) persons who have been granted national vocational skill assessor cards (hereinafter referred to as assessor cards) by the competent authority as stipulated in Article 12 of this Decree, including at least one (1) person working full-time at the skill assessment organization.

Article 4. Certificate for National Vocational Skill Assessment and Certification Activities

1. The certificate for national vocational skill assessment and certification activities (hereinafter referred to as the certificate) must clearly specify the trade name and the levels of vocational skill proficiency for each trade that is subject to assessment and certification.

2. The Minister of Labor, Invalids and Social Affairs shall issue the model of the certificate and the documents included in the application dossier for obtaining the certificate.

Article 5. Authority to Issue Certificates

The Ministry of Labor, Invalids and Social Affairs is the competent authority to issue, renew, supplement, reissue, temporarily suspend operations, and revoke certificates already issued.

1. Application dossier for issuing certificates:

a) A request letter from the organization accompanied by a copy of the establishment decision issued by the competent authority or Business Registration Certificate;

b) Documents proving compliance with the conditions stipulated in Article 3 of this Decree.

2. Procedures and formalities:

a) An organization requesting a certificate shall submit directly or through postal service one set of the application dossier for issuing certificates to the Ministry of Labor, Invalids and Social Affairs;

b) Within fifteen working days from the date of receipt of the complete dossier as prescribed in Clause 1 of this Article, the Ministry of Labor, Invalids and Social Affairs shall be responsible for reviewing the dossier and issuing the certificate; if not issuing, it must reply in writing and state the reasons.

1. In cases where an organization conducting vocational skill assessment requests changes or supplements the trade name, vocational skill level, or when changing the main office address or name, the organization must submit directly or through postal service one set of the application dossier for changing or supplementing the issued certificate to the Ministry of Labor, Invalids and Social Affairs. The dossier includes:

a) A request letter from the organization conducting vocational skill assessment;

b) Relevant documents related to the changes or supplements;

c) The previously issued certificate.

2. In cases where the certificate is lost or damaged due to tearing or deterioration, the organization conducting vocational skill assessment must submit directly or through postal service one set of the application dossier for reissuing the certificate to the Ministry of Labor, Invalids and Social Affairs. The dossier includes:

a) A request letter from the organization conducting vocational skill assessment;

b) The previously issued certificate, except in cases where the previously issued certificate has been lost.

3. Within ten working days from the date of receiving the dossier of the cases specified in Clause 1 and Clause 2 of this Article, the competent authority shall be responsible for reviewing the dossier and issuing the certificate; if not issuing, it must reply in writing and state the reasons.

Article 8. Suspension of Operations or Revocation of Certificates

1. An organization conducting vocational skill assessment will have its operations suspended for up to six months in the following cases:

a) At the time immediately before conducting the national vocational skill assessment and certification, it does not meet one of the conditions stipulated in Article 3 of this Decree;

b) Losing the results of knowledge testing or practical testing of participants or failing to retain these results as required by laws on recordkeeping.

2. An organization conducting vocational skill assessment will have its certificate revoked in the following cases:

a) Falsifying information in the dossier to obtain the certificate;

b) Engaging in actions that manipulate the results of knowledge testing or practical testing of participants;

c) Falsifying the results of knowledge testing or practical testing for non-participants or requesting certification for non-participants;

d) Not implementing national vocational skill assessment and certification activities within twenty-four months from the date of issuance of the certificate;

đ) Exceeding the suspension period without taking corrective measures or the measures taken do not meet the requirements of the competent authority;

e) Due to merger, consolidation with another organization; dissolution, bankruptcy, or cessation of operations as prescribed by law.

3. Within ten working days from the date of recognizing violations as stipulated in Clause 1 and Clause 2 of this Article, the Ministry of Labor, Invalids and Social Affairs must decide to suspend operations or revoke the issued certificate.

4. Within thirty days from the date of suspension of operations or revocation of the certificate, the organization conducting vocational skill assessment shall be responsible for settling rights and obligations with relevant organizations and individuals.

Article 9. Notification of Issuing Skill Assessment Certificates

Within three working days from the date of issuance, reissuance, temporary suspension, or revocation of skill assessment certificates, the Ministry of Labor, Invalids, and Social Affairs must notify on its electronic information website the information about organizations that have been issued, reissued, had their activities temporarily suspended, or had their certificates revoked.

Article 10. Rights and Obligations of Skill Assessment Organizations

1. Rights of skill assessment organizations:

a) To organize trial tests of knowledge and practical examination papers previously used in national skill assessment examinations at the request of workers;

b) To link with other organizations as prescribed by law to ensure material conditions and equipment for the national skill certification process for participants;

c) To charge rental fees for tools and equipment and purchase prices for materials provided to participants during the examination according to market mechanisms;

d) To participate in international cooperation activities related to skill assessment and certification as prescribed by law.

2. Obligations of skill assessment organizations:

a) To develop plans and implement the assessment and certification of national vocational skills for each occupation and level of skill proficiency; provide information about the assessment and certification activities on the organization's dedicated electronic information website and be responsible for the information provided;

b) To receive and manage the registration files of workers participating in the national vocational skill assessment and certification;

c) To prepare sufficient materials, raw materials, and supplies corresponding to the number of participants in each national vocational skill assessment period for each occupation and level of skill proficiency;

d) To establish examination boards and create conditions for the examination board and supervisory team to perform their tasks;

đ) To ensure safety and coordinate with relevant organizations and individuals to handle incidents occurring during the implementation of the skill assessment and certification process;

e) To provide tools and equipment used during the examinations to participants who need to borrow or rent them and publicly disclose the rental prices for these tools and equipment;

g) To deliver the national vocational skill certificate through postal service or directly hand over to participants who meet the requirements as stipulated by the competent authority under Clause 2, Article 26 of this Decree; retain participant files and assessment results in accordance with legal regulations on record keeping;

h) To comply with and report periodically every six months and annually or at any time as instructed by the Ministry of Labor, Invalids, and Social Affairs;

i) To perform other tasks prescribed in this Decree and other relevant laws.

Section 2

CONDITIONS, AUTHORITY, AND PROCEDURES FOR RECOGNITION AND ISSUANCE OF NATIONAL SKILL ASSESSOR CARDS

Article 11. Conditions for Issuing National Skill Assessor Cards

1. A person eligible for a national skill assessor card must satisfy the following conditions:

a) Having full capacity for civil acts;

b) Meeting one of the skill proficiency, expertise, and experience requirements specified in Clauses 2, 3, 4, 5, and 6 of this Article;

c) Completing a training course on skill assessment procedures.

2. A person eligible for a national skill assessor card for the first level of skill proficiency must meet one of the following skill proficiency, expertise, and experience requirements:

a) Having been recognized as a national master craftsman in that profession;

b) Having obtained a national skill certificate at level 3 or higher in that profession or having obtained a national skill certificate at level 2 in that profession and having at least two years of work experience in the profession since obtaining the certificate;

c) Having graduated from a college degree or higher in a field corresponding to the profession and having at least two years of work experience in the profession since graduation, currently teaching at a secondary level or higher or working in a healthcare facility or enterprise.

3. A person eligible for a national skill assessor card for the first to second levels of skill proficiency must meet one of the following skill proficiency, expertise, and experience requirements:

a) Having been recognized as a national master craftsman in that profession;

b) Having obtained a national skill certificate at level 3 or higher in that profession or having obtained a national skill certificate at level 2 in that profession and having at least five years of work experience in the profession since obtaining the certificate;

c) Having graduated from a college degree or higher in a field corresponding to the profession and having at least five years of work experience in the profession since graduation, currently teaching at a secondary level or higher or working in a healthcare facility or enterprise.

4. A person eligible for a national skill assessor card for the first to third levels of skill proficiency must meet one of the following skill proficiency, expertise, and experience requirements:

a) Having been recognized as a national master craftsman in that profession;

b) Having obtained a national skill certificate at level 4 or higher in that profession or having obtained a national skill certificate at level 3 in that profession and having at least two years of work experience in the profession since obtaining the certificate;

c) Having graduated from a bachelor’s degree or higher in a field corresponding to the profession and having at least five years of work experience in the profession since graduation, currently teaching at a college level or higher or working in a healthcare facility or enterprise in a management or supervisory position.

5. A person eligible for a national skill assessor card for the first to fourth levels of skill proficiency must meet one of the following skill proficiency, expertise, and experience requirements:

a) Having obtained a national skill certificate at level 5 in that profession or having obtained a national skill certificate at level 4 in that profession and having at least three years of work experience in the profession since obtaining the certificate;

b) Has graduated from a university or higher in a relevant field corresponding to the trade and has at least ten (10) years of work experience in that trade since graduation, currently teaching at a college level or higher, or working at a healthcare facility or enterprise holding a management or supervisory position.

6. The person granted a national skills assessor card for a national skill level from Level 1 to Level 5 must meet one of the following conditions regarding skill level, expertise, and work experience:

a) Has been granted a national skills certificate for Level 5 in that trade and has at least three (3) years of work experience in that trade since obtaining the certificate;

b) Has graduated from a university or higher in a relevant field corresponding to the trade and has at least fifteen (15) years of work experience in that trade since graduation, currently teaching at a college level or higher, or working at a healthcare facility or enterprise holding a management or supervisory position.

7. Work experience in the trade is determined through a labor contract concluded in writing between the worker and the employer in accordance with labor laws.

1. The Ministry of Labor, Invalids, and Social Affairs is the authority responsible for issuing, reissuing, revoking, and recalling the skills assessor cards already issued.

2. The skills assessor card issued by the Ministry of Labor, Invalids, and Social Affairs must clearly state the trade name and the permitted skill levels for assessment. The Ministry of Labor, Invalids, and Social Affairs promulgates the template for the skills assessor card and the documentation required for the application for the skills assessor card; organizes the compilation of training programs and materials on national skills assessment procedures, and organizes training to issue the skills assessor card.

1. The application documents for requesting issuance of the skills assessor card include:

a) An individual's application form for requesting issuance of the skills assessor card accompanied by two (2) color photographs measuring 3x4 cm;

b) One (1) copy of the documents proving compliance with one of the conditions stipulated in Clauses 2, 3, 4, 5, and 6 of Article 11 of this Decree, along with the original for verification.

2. Procedures and formalities for issuing the skills assessor card:

a) The applicant for the skills assessor card directly submits one (1) set of application documents for requesting issuance of the skills assessor card to the Ministry of Labor, Invalids, and Social Affairs when attending a national skills assessment procedure training course;

b) Upon receiving the application documents as prescribed in Clause 1 of this Article, the person responsible for receiving the application documents shall check and verify them. In case the application documents are incomplete or invalid, they shall immediately guide the applicant to supplement and complete the documents. If the application documents comply with the regulations, the competent authority shall be responsible for issuing the skills assessor card immediately after completing the national skills assessment procedure training course.

1. The skills assessor card is reissued in cases where there is a request to supplement or change the permitted skill levels for assessment or due to damage, deterioration, or loss of the skills assessor card.

2. The application documents for requesting reissuance of the skills assessor card include:

a) An individual's application form for requesting reissuance of the skills assessor card accompanied by one (1) color photograph measuring 3x4 cm;

b) The previously issued skills assessor card, except in cases where the card has been lost.

3. Procedure and formalities:

a) The applicant for reissuance of the skills assessor card directly submits or sends via postal service one (1) set of application documents to the Ministry of Labor, Invalids, and Social Affairs;

b) Within seven (7) working days from the date of receipt of all required application documents, the competent authority shall be responsible for checking, verifying, and reissuing the skills assessor card. In case of non-issuance, a written response must be provided with the reasons stated.

Article 15. Revocation and Recovery of Evaluation Officer Cards

1. The Evaluation Officer Card shall be revoked when the cardholder ceases employment or transfers to another position unsuitable for participating in national vocational skill assessment.

2. The Evaluation Officer Card shall be recovered when the cardholder violates any of the following circumstances:

a) Falsifying information in the application dossier to obtain the Evaluation Officer Card;

b) Conducting assessments of specialized knowledge, technical skills; practical work skills and occupational safety and health procedures of participants in the national vocational skill assessment without adhering to the procedures for conducting and issuing national vocational skill certificates issued by the Ministry of Labor, Invalids and Social Affairs.

4. Upon issuance of a decision to revoke or recover the Evaluation Officer Card, the Evaluation Officer Card holder must return the card to the organization conducting the national vocational skill assessment or directly to the organization collecting the card to submit to the competent authority issuing the Evaluation Officer Card.

5. If the Evaluation Officer Card holder is a civil servant or public official who commits a violation, they shall be handled according to the laws on civil servants and public officials.

Section 3

CONDITIONS FOR PARTICIPATION AND PROCEDURES FOR REGISTRATION TO PARTICIPATE IN NATIONAL VOCATIONAL SKILL ASSESSMENT AND CERTIFICATE ISSUANCE

Article 16. Conditions for Participation in National Vocational Skill Assessment and Certificate Issuance at Different Levels of Vocational Skills

1. Workers with the need may participate in the national vocational skill assessment and certificate issuance at Level 1 of vocational skills in a trade.

2. To be eligible to participate in the national vocational skill assessment and certificate issuance at Level 2 of vocational skills in a trade, workers must meet one of the following conditions:

a) Possess a Level 1 National Vocational Skill Certificate or a corresponding vocational training certificate and have at least two years of work experience in the trade since obtaining the certificate;

b) Complete a secondary vocational program (secondary vocational school or secondary specialized school) corresponding to the trade;

c) Have at least three consecutive years of work experience in the trade.

3. To be eligible to participate in the national vocational skill assessment and certificate issuance at Level 3 of vocational skills in a trade, workers must meet one of the following conditions:

a) Possess a Level 2 National Vocational Skill Certificate or a corresponding secondary vocational degree (secondary vocational school or secondary specialized school or vocational diploma, technical worker's diploma) and have at least two consecutive years of work experience in the trade since obtaining the certificate or degree;

b) Possess a Level 1 National Vocational Skill Certificate or a corresponding vocational training certificate and have at least five consecutive years of work experience in the trade since obtaining the certificate;

c) Complete a college-level vocational program corresponding to the trade;

d) Have at least six consecutive years of work experience in the trade.

4. To be eligible to participate in the national vocational skill assessment and certificate issuance at Level 4 of vocational skills in a trade, workers must meet one of the following conditions:

a) Possess a Level 3 National Vocational Skill Certificate or a corresponding college vocational degree and have at least three consecutive years of work experience in the trade since obtaining the certificate or degree;

b) Possess a Level 2 National Vocational Skill Certificate or a corresponding secondary vocational degree (secondary vocational school or secondary specialized school or vocational diploma, technical worker's diploma) and have at least six consecutive years of work experience in the trade since obtaining the certificate or degree;

c) Possess a Level 1 National Vocational Skill Certificate or a corresponding vocational training certificate and have at least nine consecutive years of work experience in the trade since obtaining the certificate;

d) Complete a university-level program corresponding to the trade;

đ) Have at least ten consecutive years of work experience in the trade.

5. To be eligible to participate in the national vocational skill assessment and certificate issuance at Level 5 of vocational skills in a trade, workers must meet one of the following conditions:

a) Possess a Level 4 National Vocational Skill Certificate or a corresponding university degree and have at least five consecutive years of work experience in the trade since obtaining the certificate or degree;

b) Possess a Level 3 National Vocational Skill Certificate or a corresponding college vocational degree and have at least nine consecutive years of work experience in the trade since obtaining the certificate or degree;

c) Possess a Level 2 National Vocational Skill Certificate or a corresponding secondary vocational degree (secondary vocational school or secondary specialized school or vocational diploma, technical worker's diploma) and have at least twelve consecutive years of work experience in the trade since obtaining the certificate or degree;

d) Possess a Level 1 National Vocational Skill Certificate or a corresponding vocational training certificate and have at least fourteen consecutive years of work experience in the trade since obtaining the certificate;

đ) Possess a corresponding university degree and have at least three consecutive years of work experience in the trade since obtaining the degree;

e) Have at least fifteen consecutive years of work experience in the trade.

6. Work experience in the trade is determined through written labor contracts between workers and employers in accordance with labor laws or confirmed by the People's Committee of the commune, ward where the worker resides if the worker is self-employed.

Article 17. Procedures and Documents for Registering to Participate in National Skill Certification Assessment

1. The procedures for workers to register to participate in national skill certification assessment and certification are as follows:

a) Workers who wish to participate in the national skill certification assessment and certification select an organization to register online or directly register at the assessment organization or send the registration documents to the assessment organization via postal service;

b) Employers have the right to register their employees working at their units or create conditions for them to register themselves;

c) The skill assessment organizations are responsible for checking and verifying the conditions for participating in the national skill certification assessment and certification at each level of skill before conducting the national skill assessment.

2. The registration documents include:

a) A registration form with a photograph of the worker, fully filled out according to requirements;

b) One (01) copy of one of the types of documents proving one of the conditions specified in Article 16 of this Decree;

3. The Minister of Labor, Invalids, and Social Affairs shall specify in detail the procedures for registering to participate and the registration documents as stipulated in this Article.

Article 18. Conditions for Recognition of Equivalent or Exemption from National Skill Certification Assessment

1. Individuals who win medals at world vocational skills competitions shall be recognized and awarded national skill certificates at Level 3 corresponding to the trade they won the medal in.

2. Individuals who win medals at ASEAN vocational skills competitions shall be recognized and awarded national skill certificates at Level 2 corresponding to the trade they won the medal in. In cases where they participate in the national skill certification assessment at Level 3 corresponding to the trade they won the medal in, they shall be exempted from practical skills testing and occupational safety and health procedures.

3. Individuals who win first, second, and third prizes at national vocational skills competitions shall be recognized and awarded national skill certificates at Level 2 corresponding to the trade they won the prize in.

Section 4

ORGANIZATION AND MANAGEMENT OF NATIONAL SKILL CERTIFICATION ASSESSMENT ACTIVITIES

Article 19. Organization of Implementation of National Skill Certification Assessment

The national skill assessment for participants at each level of skill for each trade must comply with the principles and contents prescribed in Article 30 of the Labor Law and be organized regularly throughout the year according to the schedule announced by the Ministry of Labor, Invalids, and Social Affairs at the end of December of the previous year, specifically as follows:

1. For levels of skill from Level 3 upwards, four (4) sessions will be held annually;

2. For Levels 1 and 2, multiple sessions will be held annually.

Article 20. Methods of Implementing National Skill Certification Assessment

1. For each level of skill of a trade, there will be a panel of examiners appointed by the head of the skill assessment organization to conduct the skill assessment of participants. The criteria, number, composition, and tasks of the panel of examiners are as follows:

a) Members of the panel of examiners are those who have been issued an assessor card in accordance with this Decree;

b) The number of members of the panel of examiners depends on the requirements of each level of skill for each trade and the number of participants in each session of the national skill assessment to decide, but there must be at least three (3) members;

c) The composition of the panel of examiners includes a chairperson and members. The composition of the panel of examiners must ensure that it includes members working officially at the skill assessment organization; members from enterprises or professional associations; members from vocational education institutions, higher education institutions, or scientific and technological organizations. Among them, the number of members working officially at the skill assessment organization does not exceed one-third (1/3) of the total number of panel members;

d) The panel of examiners has the responsibility to assess specialized knowledge and technical knowledge; practical skills and occupational safety and health procedures for participants according to the guidelines of the Minister of Labor, Invalids, and Social Affairs and perform other tasks as prescribed in this Decree.

2. For each level of skill of a trade, the assessment of specialized knowledge and technical knowledge of participants is conducted through a knowledge test in one of the following forms:

a) Multiple-choice paper or computer-based test with true/false questions;

b) Multiple-choice paper or computer-based test with true/false and multiple-choice questions;

c) Multiple-choice paper or computer-based test with multiple-choice questions;

d) Multiple-choice paper or computer-based test with multiple-choice questions combined with a written test with essay questions;

đ) Written test with essay questions.

3. For each level of skill of a trade, the assessment of practical skills and compliance with occupational safety and health procedures of participants is conducted through a practical test in one of the following forms:

a) Practical operation on equipment, tools, and machinery;

b) Practical operation on paper to handle and resolve situations;

c) Practical operation on equipment, tools, and machinery combined with practical operation on paper to handle and resolve situations.

Article 21. Procedure for Implementing National Occupational Skill Assessment and Certification

The implementation of national occupational skill assessment and certification for participants shall be carried out as follows:

1. Develop plans and prepare conditions to organize national occupational skill assessment periods;

2. Conduct assessments of specialized knowledge and technical skills; assess practical work skills and safe working procedures and labor hygiene of participants according to the levels of occupational skills of each trade;

3. Supervise the implementation of national occupational skill assessment and certification;

4. Recognize the results of national occupational skill assessment and certification for participants who meet the requirements;

5. The Ministry of Labor, Invalids and Social Affairs shall specify detailed procedures for implementing national occupational skill assessment and certification as provided for in this Article.

Article 22. Supervision of the Implementation of National Occupational Skill Assessment and Certification

2. Each supervision team shall consist of at least three (3) members, including a team leader and other members; members of the supervision team are individuals who have been issued an assessor card or individuals with expertise and experience in that trade introduced by trade unions, professional associations, or enterprises.

3. The supervision team has the following duties and powers:

a) Supervise the activities of members of the examination board when conducting assessments of specialized knowledge and technical skills; assess practical work skills and safe working procedures and labor hygiene of participants according to the levels of occupational skills of that trade;

b) Members of the supervision team work independently when performing their supervisory tasks and do not interfere in the activities of the examination board;

c) When discovering violations by members of the examination board, they shall record it in a report and recommend the competent authority to handle it according to the procedures for implementing national occupational skill assessment and certification issued by the Ministry of Labor, Invalids and Social Affairs;

d) Report the results of supervision to the competent authority that decided to establish the supervision team after the conclusion of the national occupational skill assessment period.

Article 23. Handling Incidents Occurring During the Implementation of National Occupational Skill Assessment and Certification

In cases where an unforeseeable incident such as a typhoon, flood, fire, explosion, or other incidents occur immediately upon commencement of the national occupational skill assessment period or while participants are taking knowledge tests or practical operation tests, making it impossible to continue as prescribed, the skill assessment organization shall undertake the following actions:

2. Notify each participant about the rescheduled date for the postponed national occupational skill assessment period;

3. Carry out the refund of fees as stipulated in Article 25 of this Decree to participants who have paid rental fees for equipment and tools and purchase costs for materials when they do not wish to participate in the rescheduled national occupational skill assessment period after postponement.

Article 24. Handling Violations by Participants During the Process of Conducting National Vocational Skill Certification

1. In cases where participants commit violations of the regulations on the implementation process of national vocational skill certification issued by the Ministry of Labor, Invalids and Social Affairs during the knowledge test or practical test, the examination board must prepare a record and handle according to the provisions.

2. In cases where participants intentionally cause damage to equipment, tools, operational instruments and measuring devices, raw materials, and supplies during the knowledge test or practical test, in addition to being recorded and handled according to the provisions of the implementation process of national vocational skill certification by the examination board, they shall also be responsible for compensating for the losses caused, and be subject to administrative or criminal penalties as prescribed by law.

Article 25. Refunding Costs to Participants

The refunding of costs to participants who have paid for rental of tools and equipment and purchase of supplies and raw materials to the assessment organization but have not used them shall be carried out as follows:

1. In cases where the assessment organization is at fault and incidents occur that necessitate the cessation of activities due to inability to proceed as prescribed, if the participant does not wish to continue participating in the rescheduled national vocational skill assessment, the assessment organization must refund the participant the amount paid corresponding to the value of the rented tools and equipment and purchased supplies and raw materials that were not used.

2. In cases of force majeure such as typhoons, floods, fires, explosions necessitating the cessation of activities due to inability to proceed as prescribed, if the participant does not wish to continue participating in the rescheduled national vocational skill assessment, the assessment organization must refund the participant fifty percent of the amount paid corresponding to the value of the rented tools and equipment and purchased supplies and raw materials that were not used.

1. Based on the records and compilation of scores from the knowledge test and practical test prepared by the examination board, and the supervisory records of the monitoring team, the vocational skill assessment organization decides to recognize the examination board's assessment results and prepares a file to request the competent authority specified in Clause 2 of this Article to recognize and issue national vocational skill certificates to participants who meet the requirements.

2. Authority to Issue National Vocational Skill Certificates

The Ministry of Labor, Invalids and Social Affairs issues national vocational skill certificates to participants who meet the requirements and is responsible for publicly announcing on its website the list of individuals who have been awarded national vocational skill certificates; implementing the collection, management, and use of fees for issuing national vocational skill certificates in accordance with guidelines issued by the Ministry of Finance.

3. The Ministry of Labor, Invalids and Social Affairs stipulates the format of national vocational skill certificates and the application procedures and formalities for requesting issuance of national vocational skill certificates for participants who meet the requirements.

Article 27. Archiving System

1. Documents on the results of vocational skill assessment of participants; minutes, lists proposing recognition of participants meeting requirements; lists of participants who have received national vocational skill certificates shall be stored at organizations conducting vocational skill assessments in accordance with regulations.

2. Documents related to the implementation of national vocational skill assessments and issuance of national vocational skill certificates for participants meeting requirements shall be preserved, archived, and reviewed for destruction in accordance with archival laws.

Chapter III

WORKS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF INDIVIDUALS OR COMMUNITIES MUST HAVE NATIONAL VOCATIONAL SKILL CERTIFICATES

Article 28. List of works directly affecting the safety and health of individual workers and communities that must have national vocational skill certificates

1. Works directly affecting the safety and health of individual workers or communities include:

a) Works included in the list of particularly arduous, toxic, and dangerous works;

b) Works where the performance of such work by workers directly affects community safety or the health of others.

2. Proposals for adding, changing, removing, or supplementing works in the list of works directly affecting the safety and health of individual workers and communities that must have national vocational skill certificates shall be carried out according to the following principles:

a) Selecting works as stipulated in Clause 1 of this Article to gradually incorporate them into the list according to a schedule to ensure feasibility, minimize impacts on workers, employers, and disruptions to business and social activities;

b) Removing or changing works in the list when the name or nature of the work changes or ceases to exist.

3. The list of works directly affecting the safety and health of individual workers or communities that must have national vocational skill certificates shall be organized according to the current Vietnamese Economic Classification System.

4. The list of works directly affecting the safety and health of individual workers or communities that must have national vocational skill certificates shall be specifically defined in the Appendix issued together with this Decree.

Article 29. Proposals for Changing, Removing, or Supplementing Works in the List of Works Directly Affecting the Safety and Health of Individual Workers and Communities That Must Have National Vocational Skill Certificates

1. Annually, Ministries, ministerial-level agencies, government-affiliated agencies, and provincial/municipal People's Committees within their respective functions and authorities shall direct subordinate agencies and organizations under their management to review and propose changes, removals, or supplements to works directly affecting the safety and health of individual workers and communities that must have national vocational skill certificates, and submit these proposals to the Ministry of Labor, Invalids, and Social Affairs for consolidation.

2. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for consolidating and coordinating with relevant ministries, sectors, political-social organizations, occupational-political-social organizations, federations, associations, and occupational associations to examine proposals for changes, removals, or supplements to works directly affecting the safety and health of individual workers and communities that must have national vocational skill certificates from ministries, ministerial-level agencies, government-affiliated agencies, and provincial/municipal People's Committees to present to the Government.

Article 30. Time of Application

The list of jobs directly affecting the safety and health of individual workers and the community must be implemented as follows:

1. Within a maximum period of 01 (one) year from the date this Decree takes effect, the agencies specified in Clause 2 and Clause 3 of Article 32 of the Labor Law shall be responsible for organizing the construction, examination, and announcement of national occupational skill standards for occupations with jobs listed in the list of jobs directly affecting the safety and health of individual workers and the community as stipulated in this Decree.

2. Within a maximum period of 03 (three) years from the date this Decree takes effect:

a) The Ministry of Labor, Invalids and Social Affairs shall be responsible for organizing the implementation of the assessment and issuance of national occupational skill certificates for workers engaged in occupations with jobs listed in the list of jobs directly affecting the safety and health of individual workers and the community as stipulated in this Decree;

b) Employers who hire or use workers under contracts to perform jobs listed in the list of jobs directly affecting the safety and health of individual workers and the community as stipulated in this Decree must create conditions for workers to participate in the assessment and issuance of national occupational skill certificates; or create conditions for workers to participate in training courses to supplement specialized knowledge, technical skills, improve practical job skills, and safe working procedures and hygiene to participate in the assessment and issuance of national occupational skill certificates; or create conditions for workers to participate in training courses to switch to other jobs.

Chapter IV

IMPLEMENTATION

Article 31. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs assists the Government in uniformly managing state administration regarding the assessment and issuance of national occupational skill certificates throughout the country, and is responsible for:

1. Taking the lead and coordinating with relevant agencies to build and issue by authority or submit to competent authorities for issuance of normative legal documents on state management in the activities of assessing and issuing national occupational skill certificates;

2. Building and issuing plans and organizing the implementation of planning and development activities for assessing and issuing national occupational skill certificates;

3. Managing and organizing the implementation of scientific research and application of technology in the activities of assessing and issuing national occupational skill certificates; building and issuing technical standards, procedural guidelines, operational regulations of skill assessment organizations; implementing information, reporting, statistics systems and issuing uniformly used forms in the activities of assessing and issuing national occupational skill certificates;

4. Organizing the review, supplementation, and updating of issued national occupational skill standards to adjust theoretical and practical test questions of various occupations according to national occupational skill standards;

5. Taking the lead and coordinating with relevant agencies to effectively implement the linkage between training, development, assessment, and recognition of national occupational skills with the labor market and business participation to meet the skilled human resource needs of each industry, locality, and nationwide;

6. Building, managing, and updating the national database system on assessing and issuing national occupational skill certificates;

7. Directing, organizing the implementation and inspection of activities of assessing and issuing national occupational skill certificates;

8. Managing international cooperation in the field of assessing and issuing national occupational skill certificates; negotiating and signing bilateral and multilateral agreements on mutual recognition of equivalent skill levels between countries and Vietnam within its authority;

9. Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws in the activities of assessing and issuing national occupational skill certificates within its authority;

10. Performing other tasks as prescribed in this Decree.

Article 32. Responsibilities of Ministries, ministerial-level agencies, and government agencies

Within their respective jurisdictions and authorities, Ministries, ministerial-level agencies, and government agencies shall be responsible for:

1. Building and proposing a list of jobs directly affecting the safety and health of individual workers or communities that require permits or practice certificates as stipulated by current laws, and organizing the assessment of vocational skills for such jobs.

2. Cooperating with the Ministry of Labor, Invalids, and Social Affairs to manage the national vocational skill certification process.

3. Organizing the development of national vocational skill standards for occupations involving jobs listed under Article 28 and Article 29 of this Decree that directly affect the safety and health of individual workers and communities, to submit to the Ministry of Labor, Invalids, and Social Affairs for review and publication as prescribed in Article 32 of the Employment Law.

4. Cooperating with the Ministry of Labor, Invalids, and Social Affairs in compiling knowledge tests and practical assessments according to each level of vocational skill proficiency for each occupation, and a list of facilities and equipment for national vocational skill assessment for each occupation, to be used in the national vocational skill certification process as prescribed in this Decree.

5. Performing other tasks as prescribed in this Decree.

Article 33. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

Provincial People's Committees and Municipal People's Committees under Central Government shall manage the national vocational skill certification process at the local level within their respective jurisdictions and authorities, and shall be responsible for:

1. Cooperating with the Ministry of Labor, Invalids, and Social Affairs to organize the national vocational skill certification process for workers at the local level.

2. Directing, inspecting, and auditing the implementation of the national vocational skill certification process at the local level in accordance with the law.

3. Performing other tasks as prescribed in this Decree.

Article 34. Responsibilities in Coordinating the Implementation of National Management of Vocational Skill Certification

The Ministry of Labor, Invalids, and Social Affairs shall be responsible for coordinating with political-social organizations, occupational political-social organizations, associations, and professional unions in organizing inspections and supervision of the implementation of the national vocational skill certification process, and promoting and mobilizing workers to continuously study and improve their vocational skills.

Article 35. Responsibilities of Departments of Labor, Invalids, and Social Affairs

Departments of Labor, Invalids, and Social Affairs shall assist Provincial People's Committees and Municipal People's Committees under Central Government in managing the national vocational skill certification process at the local level.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Transitional Provisions

1. Within a maximum period of two years from the date this Decree takes effect, vocational skill assessment organizations that have been granted certification as national vocational skill certification centers prior to the effective date of this Decree must complete the reissuance procedures for certification in accordance with this Decree.

2. National vocational skill certificates issued to workers participating in the national vocational skill certification process before the effective date of this Decree remain valid.

3. Individuals holding national vocational skill certificates prior to the effective date of this Decree who wish to exchange them for new certificates in accordance with this Decree shall follow the guidelines provided by the Ministry of Labor, Invalids, and Social Affairs.

Article 37. Effective Date

This Decree takes effect from May 15, 2015.

Article 38. Responsibility for Implementation

1. The Minister of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of the points, clauses, and articles assigned to be regulated in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of Provincial People's Committees and Municipal People's Committees under Central Government, heads of agencies and organizations, and individuals related to this matter shall be responsible for implementing this Decree./.