Circular No. 41/2017/TT-BQP on the contents and methods for organizing skill level assessment and promotion; issuing skill certificates, and conditions for exemption from skill level assessment for defense workers.

CIRCULAR

Regulations on the content and methods for organizing skill level assessment and promotion; issuing skill certificates, and conditions for exemption from skill level assessment for defense workers

Pursuant to the Government's Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Legislative Acts of Regulations;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

The Minister of National Defense issues this Circular regulating the list and criteria for skill levels of defense workers corresponding to specialized technical professions of special forces;

At the proposal of the Director of the General Department of Technology,

The Minister of National Defense issues this Circular to regulate the content and methods for organizing skill level assessment and promotion; issuing skill certificates, and conditions for exemption from skill level assessment for defense workers.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the classification of skill level grades, the content and methods for organizing skill level assessments; issuing skill certificates, conditions for exemption from assessment, temporary postponement of assessment, and selection of trades for skill level assessment; support work, reporting systems, storage procedures, and responsibilities of agencies and units.

Article 2. Applicability

This Circular applies to defense workers, agencies, units, organizations, and individuals related to the matters herein.

Article 3. Explanation of Terms

1. Skill level assessment and promotion (hereinafter referred to as skill level assessment) involves conducting activities to assess the specialized knowledge, practical skills, and occupational safety and health procedures of defense workers participating in skill level assessments at institutions that organize skill level assessments from lower to higher levels within a specific trade.

2. Institutions organizing skill level assessment (hereinafter referred to as skill level assessment institutions) are units assigned tasks to serve the organization of skill level assessment and promotion activities.

3. Skill level assessors are individuals with the necessary qualifications and capabilities in specialized knowledge and practical skills, tasked with assessing specialized knowledge or practical skills of defense workers at a specific skill level.

4. Theoretical examination (hereinafter referred to as theoretical examination) involves evaluating the level of specialized knowledge based on the results of industry foundation theory examinations, specialized profession theory examinations, and related contents.

5. Practical skills examination (hereinafter referred to as practical examination) involves evaluating specialized knowledge and skills applied in actual job performance.

Chapter II

CLASSIFICATION OF SKILL LEVEL GRADES; CONTENT AND METHODS FOR ORGANIZING SKILL LEVEL ASSESSMENTS

Section 1

CLASSIFICATION OF SKILL LEVEL GRADES

Article 4. Skill Level Grades Framework

1. The skill level grades framework for defense workers is defined according to the standards for skill level grades of various specialties as prescribed by the Minister of National Defense.

2. For trades in fields corresponding to civilian professions, they shall be implemented according to standards issued by competent state authorities.

Article 5. Classification of Skill Level Grades Framework

1. The skill level grades framework consists of seven grades, including:

a) Lower grades: From grade 1/7 to grade 4/7;

b) Higher grades: From grade 5/7 to grade 7/7.

2. The skill level grades framework consists of six grades, including:

a) Lower grades: From grade 1/6 to grade 4/6;

b) Higher grades: Grade 5/6 and grade 6/6.

3. The skill level grades framework consists of five grades, including:

a) Lower grades: From grade 1/5 to grade 4/5;

b) Higher grades: Grade 5/5.

4. The skill level grades framework consists of four grades, including:

a) Lower grades: From grade 1/4 to grade 3/4;

b) Higher grades: Grade 4/4.

5. For trades with skill level frameworks ranging from two to three grades, there is no distinction between lower or higher grades.

Section 2

CONTENT AND METHODS FOR SKILL LEVEL ASSESSMENTS

Article 6. Contents of Inspection

1. Theoretical Examination:

a) Industry foundation theory;

b) Specialized profession theory (specialized field theory);

c) Content of regulations, rules, and provisions related to practical skills and occupational safety and health;

d) For higher skill level grades, the examination shall be conducted according to Points a, b, and c of this Clause and shall include management content, production experience, repair or technological innovation applications in repair, production, and maintenance of weapons and technical equipment.

2. Practical Examination:

a) Manufacturing or processing products;

b) Using and controlling weapons and technical equipment;

c) Using measuring tools, inspection tools, and measurement skills;

d) Storing, maintaining, calibrating, and repairing weapons and technical equipment;

đ) Work style, skills in using equipment, technology, and occupational safety and health.

Article 7. Methods of Inspection

1. Theoretical examination, select one of the following forms:

a) Multiple choice questions;

b) Essay (written on paper);

c) Oral questioning (direct question and answer).

2. Practical Examination:

a) Operating on equipment, devices, tools;

b) Performing tasks on paper to handle and resolve situations;

c) For higher skill level grades, the examination content shall be determined based on specific requirements of each trade and shall be conducted through production or experimental trials according to research topics, inventions, or technological innovations.

Article 8. Scoring Method

1. The Chairman of the Examination Board shall approve the answers and standard scoring scales for the examination content (including both theoretical and practical components).

2. Examiners shall base their scores on the approved answers and standard scoring scales for each examination component.

3. A theoretical or practical examination must have at least two independent examiners scoring it. The score for the examination (theoretical or practical) is the average of the scores given by the examiners, rounded to two decimal places.

4. Defense workers who are ethnic minorities or military units stationed in highland, deep inland, remote, border, and island areas with at least twelve months of service may be granted an additional one point for each theoretical and practical examination.

5. The examination score is calculated on a scale of ten points, which is the average of the theoretical and practical examination scores, rounded to one decimal place.

6. For certain technical trades that do not apply the ten-point scale, the provisions of the relevant technical fields shall be followed, but they must align with the skill level standards for defense workers.

Article 9. Evaluation of Results

1. Classification of Examination Results:

a) In cases where the ten-point scale is applied:

- Excellent: From 8 points to 10 points;

- Good: From 6.6 points to less than 8 points;

- Average: From 5 points to less than 6.6 points;

- Fail: Less than 5 points.

b) In cases where the ten-point scale is not applied, the Skill Level Examination Board shall decide to choose one of the following methods to recognize the results:

- Converting the theoretical examination score or practical examination score to the ten-point scale for classification according to Point a of this Clause;

- Applying the result evaluation method based on the scoring rules of certain civilian trades as prescribed by competent state authorities.

c) In cases where the theoretical examination score is from 4 points to less than 5 points, but the practical examination score is 7.5 points or higher, the candidate will be considered to meet the requirements.

2. Recognition of Results: Based on the minutes and examination scores of the theoretical and practical examinations by the Examination Board, the Chairman of the Examination Board shall decide to recognize the results for defense workers participating in the examination period who meet the requirements and recommend the competent authority to issue a new vocational certificate.

Article 10. Supervisory Authority

1. The Director of the General Department of Technical Services shall direct the supervision of training and examination of skill levels for defense workers conducted by institutions tasked with assessing skill levels.

2. The Director of the General Department of National Defense Industry shall direct the supervision of training and assessment of skill levels for defense workers in production units under the General Department of National Defense Industry.

3. Heads of technical departments, heads of military regions, corps, and equivalent positions shall direct the supervision of the training and examination of skill levels for defense workers in examination institutions under their management.

Article 11. Handling Violations

1. In cases where the theoretical or practical examination is conducted and the examiner violates the examination regulations, the Examination Board shall record this in the minutes and propose disciplinary action according to the regulations.

2. In cases where the theoretical or practical examination is conducted and the examiner intentionally causes damage to equipment, tools, measuring instruments, raw materials, or supplies, they shall be subject to disciplinary action according to the examination regulations and bear responsibility for compensation as stipulated by law.

3. In cases where individuals or organizations assigned the task of rechecking the skill level examination as specified in Article 20 of this Circular fail to accurately perform the task, violate regulations, or produce incorrect results, they shall be subject to disciplinary action according to military regulations.

Article 12. Theoretical and Practical Training

1. Agencies and units shall organize specialized knowledge training and practical skill training for defense workers at their workplaces before they participate in skill level assessment tests.

2. Institutions tasked with assessing skill levels shall organize specialized knowledge training and practical skill training for defense workers prior to conducting skill level assessment tests.

Section 3

ORGANIZATION OF SKILL LEVEL ASSESSMENT TESTS

Article 13. Time of Organization of Assessment Tests

1. Skill level assessment tests shall be organized annually once at institutions responsible for assessing skill levels.

2. For civilian trades, defense workers may participate in skill level assessment tests at military institutions or national organizations that assess occupational skills.

Article 14. Procedures for Organizing Assessment Tests

1. Establishing the examination board and examiners for skill level assessment tests.

2. Preparing plans and conditions for organizing skill level assessment tests.

3. Conducting assessments of specialized knowledge and practical skills, as well as safety and labor hygiene procedures, according to each trade's skill levels.

4. Supervising the process of skill level assessment tests.

5. Recognizing the results of skill level assessment tests.

6. Issuing certificates of occupational skills to defense workers who meet the requirements of the test.

Article 15. Hierarchical Organization of Assessment Tests

1. The General Department of Technology shall lead the organization of training and assessment of high-level occupational skills for civilian trades for defense workers throughout the military.

2. The General Department of National Defense Industry shall lead the organization of training and assessment of occupational skills for defense workers at production facilities under the General Department of National Defense Industry.

3. Military regions, corps, and equivalent units shall lead the organization of training and assessment of low-level occupational skills for defense workers under their jurisdiction.

4. Technical Specialties

a) Lead the organization of training and assessment of high-level occupational skills in technical specialties for defense workers throughout the military;

b) Lead the organization of training and assessment of low-level occupational skills for defense workers working in other technical specialties within subordinate units.

Article 16. Establishment of Examination Boards

1. Members of the Board include: Chairperson and members.

2. Authority to establish the Board:

a) The Director of the General Department of Technology decides on the establishment of regional high-level examination boards;

b) The Director of the General Department of National Defense Industry decides on the establishment of examination boards for occupational skills at production facilities under the General Department of National Defense Industry;

c) The Commander of military regions, corps, and equivalent units decides on the establishment of examination boards for occupational skills in military regions, corps, and equivalent units;

d) The Commander of military branches, services, and heads of specialized departments decide on the establishment of examination boards for technical specialty occupational skills.

Article 17. Duties of the Examination Board

1. Chairperson

a) Approve the examination plan;

b) Approve the list of participants;

c) Approve the examination questions, answers, and grading scale;

d) Issue examination rules, grading regulations, and examination regulations;

đ) Decide on the establishment of the examination panel;

e) Approve and recognize the examination results of each candidate;

g) Report the examination results and recommend the competent authority to issue occupational skill certificates in accordance with Article 25 of this Circular;

h) Report the results to related technical specialties for consideration of issuing new skill level certificates (for senior craftsmen);

i) Notify the results to agencies and units.

2. Members

a) Develop and report to the Chairperson for approval the examination plan, examination rules, grading regulations, and examination regulations;

b) Compile and evaluate the results of occupational skill level assessment tests.

Article 18. Duties of the Examination Board

1. Drafting questions, answers, and grading scales for approval by the Council Chairman.

2. Coordinating with relevant agencies to prepare examination venues, weapons, technical equipment, technical materials, spare parts, tools, and technological equipment for the examination.

3. Supervising the examination process according to the Council's regulations.

4. Grading and compiling examination results.

Article 19. Duties of the Secretary Member

1. Developing examination plans, internal rules, grading criteria, and working regulations of the Examination Council.

2. Preparing documents and materials related to council meetings.

3. Compiling examination results, reporting to the council and superiors as prescribed.

Article 20. Rechecking Examination Papers

1. Within fifteen days from receiving notification of examination results, candidates have the right to submit a request to the Examination Council for rechecking their examination papers.

2. Upon receipt of the candidate's request as prescribed, the Chairman of the Examination Council shall establish a Rechecking Council and organize the recheck according to the regulations, then notify the results of the recheck to the agency, unit, and examined candidate.

Article 21. Conditions of Examination Facilities

1. Ensuring material conditions

a) Professional technical training rooms, workshops, and grounds meeting the standards as prescribed;

b) Adequate means, equipment, practical tools, and measuring instruments according to the skill level assessment criteria for each trade, ensuring correspondence with the number of defense workers participating in the skill level assessment at each skill level within the same period.

2. Ensuring human resources

For each skill level of each trade, there must be at least three (3) persons meeting the standards stipulated in Article 22 of this Circular; among them, there must be someone working at the facility assigned the task of conducting skill level assessments.

Article 22. Conditions for Individuals Assigned Examination Tasks

1. General conditions:

a) Having full capacity for civil acts;

b) Meeting one of the conditions regarding skill level, expertise, and experience specified in Clauses 2, 3, 4, 5, 6, 7, and 8 of this Article;

2. Specific Conditions:

a) For assessing skill levels from Level 1 to Level 1, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 3 or higher in the corresponding trade and having at least two (2) years of continuous work experience in the trade;

- Holding a college degree or higher corresponding to the field and trade and having at least three (3) years of continuous work experience in the trade.

b) For assessing skill levels from Level 1 to Level 2, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 4 or higher in the corresponding trade and having at least two (2) years of continuous work experience in the trade;

- Holding a college degree or higher corresponding to the field and trade and having at least five (5) years of continuous work experience in the trade.

c) For assessing skill levels from Level 1 to Level 3, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 5 or higher in the corresponding trade and having at least two (2) years of continuous work experience in the trade;

- Holding a bachelor's degree or higher corresponding to the field and trade and having at least three (3) years of work experience in the trade.

d) For assessing skill levels from Level 1 to Level 4, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 5 or higher in the corresponding trade and having at least three (3) years of continuous work experience in the trade;

- Holding a bachelor's degree or higher corresponding to the field and trade and having at least five (5) years of continuous work experience in the trade.

đ) For assessing skill levels from Level 1 to Level 5, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 5 in the corresponding trade and having at least five (5) years of continuous work experience in the trade;

- Possessing a certificate of skill level from Level 6 in the corresponding trade and having at least three (3) years of continuous work experience in the trade;

- Holding a bachelor's degree or higher corresponding to the field and trade and having at least five (5) years of continuous work experience in the trade.

e) For assessing skill levels from Level 1 to Level 6, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 6 in the corresponding trade and having at least five (5) years of continuous work experience in the trade;

- Possessing a certificate of skill level from Level 7 in the corresponding trade and having at least three (3) years of continuous work experience in the trade;

- Holding a bachelor's degree or higher corresponding to the field and trade and having at least seven (7) years of continuous work experience in the trade.

g) For assessing skill levels from Level 1 to Level 7, one of the following conditions must be met:

- Possessing a certificate of skill level from Level 7 in the corresponding trade and having at least five (5) years of continuous work experience in the trade;

- Holding a bachelor's degree or higher corresponding to the field and trade and having at least nine (9) years of continuous work experience in the trade.

Chapter III

SKILL TRADE CERTIFICATE

Article 23. Vocational Skill Certificate

1. The model of the vocational skill certificate for defense workers shall be implemented according to Appendix 01 issued together with this Circular.

2. The General Department of Technology shall issue blanks and manage the vocational skill certificates for defense workers in technical specialties throughout the military.

3. The General Department of Defense Industry shall issue blanks, print, and manage the vocational skill certificates for defense workers in production units under the General Department of Defense Industry.

Article 24. Conditions for Issuing Vocational Skill Certificates

Defense workers shall be granted a new level of vocational skill certificate when they participate in the assessment period and achieve the required standards, and their results are recognized by the Chairman of the Vocational Skill Level Assessment Board in accordance with Clause 2, Article 9 of this Circular.

Article 25. Authority to Issue Vocational Skill Certificates

1. The Director of the General Department of Technology shall issue high-level vocational skill certificates for defense workers in civilian trades.

2. The Director of the General Department of Defense Industry shall issue vocational skill certificates for defense workers in production units under directly subordinate units.

3. The Heads of Military Regions, Corps, and equivalent entities shall issue low-level vocational skill certificates for defense workers under their jurisdiction.

4. The Heads of technical specialties shall issue high-level vocational skill certificates for defense workers in special trades within the entire military and low-level vocational skill certificates for defense workers in subordinate units.

Article 26. Documents, Procedures, and Formalities for Registration, Examination, and Issuance of Vocational Skill Certificates

1. Documents for Registration to Participate in Examinations

a) An application form for registration to participate in examinations accompanied by two (2) color photographs (size 3x4 cm) confirmed by the Head of the directly managing agency or unit;

b) One (1) copy of documentation certified or confirmed by the Head of the directly managing agency or unit in accordance with Article 6 of Decree 83/2016/NĐ-CP of the Government.

2. Procedures for Implementation

a) Defense workers participating in the examination and evaluation of vocational skill levels shall be responsible for preparing one set of documents in accordance with Clause 1 of this Article and submitting it to the Head of the directly managing agency or unit;

b) Within five working days from the date of receipt of the documents, the Head of the directly managing agency or unit shall be responsible for reviewing, guiding defense workers to complete the documents in accordance with regulations, and sending a letter along with a list and documents requesting the competent authority to consider;

c) Within ten working days from the date of receipt of the documents, the competent authority shall verify the validity of the documents and decide to establish the Vocational Skill Level Assessment Board, directing the organization of the examination and evaluation of vocational skill levels in accordance with regulations. In case the documents are invalid, a notification letter shall be sent to the agency or unit specifying the reasons;

d) Within seven working days from the date of recognition of the examination and evaluation results, the competent authority shall issue the vocational skill certificate to defense workers in accordance with Article 25 of this Circular.

Article 27. Documents, Procedures, and Formalities for Reissuing or Replacing Vocational Skill Certificates

1. Vocational skill certificates shall be reviewed and replaced when the information in the vocational skill certificate is incorrect, damaged, torn, or deteriorated.

2. Vocational skill certificates shall be reviewed and reissued in cases where the certificate is lost.

3. Documents for Requesting Replacement or Reissue of Vocational Skill Certificates include:

a) A request and application form for replacement or reissue of the vocational skill certificate accompanied by one (1) color photograph (size 3x4 cm) confirmed by the Head of the directly managing agency or unit;

b) The original vocational skill certificate that has been issued for replacement purposes.

4. Procedures and Formalities

a) The person requesting replacement or reissue of the vocational skill certificate shall be responsible for preparing one set of documents in accordance with Clause 3 of this Article and submitting it to the Head of the directly managing superior agency or unit. The Head of the directly managing agency or unit shall prepare a list along with the documents and send them to the competent authority specified in Article 25 of this Circular;

b) Within seven (7) working days from the date of receipt of all required documents, the competent authority specified in Article 25 of this Circular shall be responsible for verifying and replacing or reissuing the vocational skill certificate. If not issued or not yet issued, a written response shall be provided with the reasons specified.

Article 28. Revocation and Reclamation of Occupational Skill Certificates

1. The occupational skill certificate shall be revoked when the holder ceases employment or transfers to another position.

2. The occupational skill certificate shall be reclaimed when the holder falsifies information in the application dossier for the occupational skill level assessment examination.

3. Within fifteen working days, the authority prescribed in Article 25 of this Circular shall issue a decision to revoke or reclaim the occupational skill certificate and notify in writing the relevant agencies, organizations, and defense workers.

4. Upon receipt of the revocation or reclamation decision, the holder of the occupational skill certificate must submit the certificate to the head of the directly managing agency or unit for reporting to the superior authority as stipulated.

Chapter IV

CONDITIONS FOR EXEMPTION FROM EXAMINATION, SUSPENSION OF EXAMINATION, AND SELECTION OF OCCUPATIONAL SKILLS LEVEL ASSESSMENT PROFESSIONS

Article 29. Conditions for Exemption from Examination

Defense workers during the period of holding an occupational skill level, who have performed exceptionally well in their duties, may be exempted from the examination and evaluation of the occupational skill level and granted a new occupational skill level certificate under the following circumstances:

1. For a three-year period of holding the occupation: Having been awarded at least two consecutive years of the title of Outstanding Soldier at the grassroots level or higher during the period of holding the occupation (starting from the next occupational skill level examination).

2. For a six-year or longer period of holding the occupation: Having been awarded at least three consecutive years of the title of Outstanding Soldier at the grassroots level or higher during the period of holding the occupation (starting from the next occupational skill level examination).

3. Defense workers who have been trained at vocational secondary schools, vocational colleges, or universities and directly participate in labor and production in the same profession as their training may be exempted from the basic theoretical examination but still must undergo the specialized theoretical examination, technical work regulations, safety and labor hygiene regulations, and practical examinations.

4. In cases of exemption from the examination and evaluation of the occupational skill level, it must be reviewed by the Occupational Skill Level Examination Board (at each level) before being submitted to the authority prescribed in Article 25 of this Circular for consideration and decision. Each time a title is achieved, only one exemption can be considered (the exemption cannot be granted consecutively twice for the case of an Outstanding Soldier). In cases of exemption from certain subjects, the Examination Board will review and decide.

Article 30. Conditions for Suspension of Examination

1. Defense workers who reach the examination period for the occupational skill level but due to the requirements of the agency or unit must travel to remote areas, border regions, islands, overseas, or participate in exercises organized by the Ministry of National Defense or military branches, services, military regions, corps, and equivalent units during the occupational skill level examination period, and the unit cannot arrange for participation.

2. Defense workers who submit a request for suspension of the occupational skill level examination, with confirmation from the unit head (brigade level and above), shall be reviewed and decided upon by the Examination Board.

3. Defense workers who are granted a suspension of the occupational skill level examination and whose salary increase is subject to the specified period, must participate in the next examination immediately.

Article 31. Selection of Trades for Skill Level Assessment

1. Defense workers engaged in multiple trades within the same industry shall choose the most proficient trade for assessment; defense workers working outside their trained profession shall select the actual trade they are currently performing for skill level advancement assessment.

2. Defense workers who have not performed work according to their current skill level standards for at least one year or only perform simple technical tasks without higher-level work to hone their skills must be organized by the unit (technical specialty, military region, corps, and equivalent) for training and assessing their current skill level at least six months before the skill level assessment period; if they meet the requirements, they will continue to receive specialized knowledge training, practical skill training, and participate in the skill level assessment.

3. Defense workers receiving a salary grade higher than the corresponding skill level grade must undergo skill level assessment as prescribed.

4. Defense workers receiving a salary grade lower than the corresponding skill level grade, upon reaching the salary increase age limit, may have their salary increased by the unit's wage council without undergoing skill level assessment.

Chapter V

ASSURANCE WORK, REPORTING REGIME AND STORAGE

Article 32. Assurance Funding

Ensured from the regular technical budget by the technical specialty or the same-level technical agency; additionally, supplemented from revenue generated by combining skill level assessment with production, repair, new product manufacturing, or other lawful revenues.

Article 33. Assurance Content

1. Assurance of weapons, equipment, technical materials, and technological devices serving practical assessments.

2. Assurance of fuel, technical materials.

3. Costs for organizing the assessment (opening ceremony, closing ceremony, office supplies).

4. Costs for the activities of the Assessment Board, instructors providing supplementary training to participants; compiling test questions and answers; examiners grading papers.

5. Costs for purchasing raw materials and other assurance items.

Article 34. Reporting System

1. Periodic reports

a) Report on the organization plan for the assessment.

b) Report on the assessment results (no later than fifteen days from the date of signing the decision recognizing the new skill level grade for defense workers).

2. Ad hoc reports are prepared according to the requirements of the Minister of National Defense or relevant state agencies.

Article 35. Storage Regime

The files and documents related to participants in skill level assessments and skill certificates are stored and preserved at the immediate superior level of the skill level assessment facility in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 36. Effective Date

This Circular takes effect from April 14, 2017.

Article 37. Responsibility for Implementation

The Director of the General Technical Department, heads of agencies and units, and individuals concerned are responsible for implementing this Circular./.