Circular No. 41/2019/TT-BLDTBXH Amending and supplementing certain Articles of Circular No. 38/2015/TT-BLDTBXH dated October 19, 2015 on national vocational skill certificates, issuance and management of national vocational skill certificates, and Circular No. 19/2016/TT-BLDTBXH dated June 28, 2016 guiding the implementation of certain provisions of Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on assessment, issuance of national vocational skill certificates.

CIRCULAR

Amending and supplementing the list of narcotic substances and precursors promulgated amending and supplementing some articles of Circular No. 38/2015/TT-BLDTBXH dated October 19, 2015 on national vocational skill certificates, issuance and management of national vocational skill certificates and Circular No. 19/2016/TT-BLDTBXH dated June 28, 2016 guiding the implementation of certain provisions of Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on assessment and issuance of national vocational skill certificates. 19/10/2015 concerning national vocational skill certificates, issuance and management of national vocational skill certificates and Circular No. 19/2016/TT-BLDTBXH dated 28/6/2016 guiding the implementation of certain articles of Decree No.specialized agency under the People's Committee of the province/city.31/2015/NĐ-CP dated 24/3/2015 of the Government detailing the implementation of certain provisions of the Labour Law on the assessment and issuance of national vocational skill certificates31/2015/NĐ-CP dated 24/3/2015 of the Government detailing the implementation of certain provisions of the Law on Employment regarding the assessment and issuance of national vocational skill certificates31/2015/NĐ-CP dated March 24, 2015, of the Government detailing the implementation of certain Articles of the Labor Law regarding the assessment and issuance of national vocational skill certificates |||

Pursuant to the Labor Law dated November 16, 2013;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on assessment and issuance of national vocational skill certificates; Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several decrees related to investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director General of the General Department of Vocational Education,

The Minister of Labor, Invalids and Social Affairs issues this Circular amending and supplementing some articles of Circular No. 38/2015/TT-BLDTBXH dated October 19, 2015 on national vocational skill certificates, issuance and management of national vocational skill certificates and Circular No. 19/2016/TT-BLDTBXH dated June 28, 2016 guiding the implementation of certain provisions of Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on assessment and issuance of national vocational skill certificates.

Article 1. Amending and supplementing Circular No. 38/2015/TT-BLDTBXH dated October 19, 2015 of the Ministry of Labor, Invalids and Social Affairs on national vocational skill certificates, issuance and management of national vocational skill certificates (hereinafter referred to as Circular No. 38/2015/TT-BLDTBXH).

1. Amending some contents of Article 3 as follows:

a) In Clause 1, replacing the phrase "ability" with the phrase "capacity";

b) In Clause 2, replacing Roman numerals I, II, III, IV, V with Arabic numerals 1, 2, 3, 4, 5 respectively.

2. Replacing the phrase "and five years for issuing certificates" with the phrase ", five years for issuing certificates and types of certificates (new issuance, reissuance or exchange)" in Clause 1 of Article 4.

3. Amending and removing some contents of Article 6 as follows:

a) Removing the phrase "recognize and" from the title and Clause 1;

b) Supplementing the phrase "(a photo taken within six months)" after the phrase "of that person" in Point b Clause 1;

c) Abolishing Clause 2.

4. Amending and removing some contents of Article 7 as follows:

a) In Clause 1, supplementing the phrase "(a photo taken within six months)" after the phrase "of that person";

b) Removing the phrase "and a copy of the person's identity card or passport still valid for comparison" in Clause 2.

5. Amending and removing some contents of Article 8 as follows:

a) Removing the phrase "due to changes or corrections in the household registration of the certificate holder" from the first paragraph of the Article;

b) In Clause 1, replacing the phrase "Model 02, Appendix 05" with the phrase "Model 03, Appendix 04" and supplementing the phrase "(a photo taken within six months)" after the phrase "of that person";

c) In Clause 2, removing the phrase "and a copy of the person's identity card or passport still valid for comparison".

d) Amending and supplementing Clause 3 as follows:

"3. For cases where there is a request to amend some information recorded on the issued certificate, the applicant must submit a certified copy of relevant documents related to the change or a copy of relevant documents related to the change to be presented along with the original for verification when submitting directly."

6. Amending and supplementing Article 9 as follows:

"Article 9. Procedures for requesting issuance, replacement, and reissuance of national vocational skill certificates

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) For requests to issue national vocational skill certificates for workers who meet the requirements at the national vocational skills assessment period, the vocational skills assessment organization shall prepare one (1) set of application files in accordance with Article 6 of this Circular;

b) For requests to replace national vocational skill certificates, individuals in need shall prepare one (1) set of application files in accordance with Article 7 of this Circular;

c) For requests to reissue national vocational skill certificates, individuals in need shall prepare one (1) set of application files in accordance with Article 8 of this Circular.

2. Procedures and methods of implementation:

a) Vocational skill organizations or individuals in need shall submit their application files to the General Department of Vocational Education in one of the following three ways: directly at the One-Stop Service Center; through postal services; or online via the Ministry of Labor, Invalids and Social Affairs' Online Public Service Portal. In cases of direct submission, all application file components must be submitted in original form or copies thereof, while presenting the original for verification; in cases of submission through postal services, all application file components must be submitted in original form or certified copies; in cases of online registration via the Online Public Service Portal, procedures shall be carried out in accordance with laws on electronic transactions.

b) Within ten (10) working days from the date of receipt of complete, accurate, and eligible application files, the General Department of Vocational Education shall be responsible for reviewing the application files and deciding on the issuance, replacement, or reissuance of national vocational skill certificates; if the conditions for issuance, replacement, or reissuance are not met as stipulated in this Circular or due to other objective and force majeure circumstances, a written response must be provided with clear reasons stated.

7. Supplement Article 9a as follows:

"Article 9a. Recognition and Issuance of National Vocational Skill Certificates for Individuals Winning Prizes at National, ASEAN, and World Skills Competitions

The General Department of Vocational Education shall base its recognition and issuance of national vocational skill certificates for individuals winning prizes/medals at national, ASEAN, and world skills competitions on the results achieved according to Article 18 of Decree No. 31/2015/NĐ-CP dated March 24, 2015, of the Government detailing the implementation of certain provisions of the Law on Employment regarding the assessment and issuance of national vocational skill certificates.

8. Amend the phrase "Minister of Labor, Invalids and Social Affairs" to "Director of the General Department of Vocational Education" in Clause 2, Article 10.

9. Remove the phrase "recognition and" from the name and content of Article 11.

10. In Clause 1, Article 12, remove the phrase "recognition and" and amend the phrase "The Ministry of Labor, Invalids and Social Affairs shall publicly announce on the Ministry's electronic information website" to "The General Department of Vocational Education shall publicly announce on the website http://vanbang.gdnn.gov.vn".

11. Amend and supplement some contents of Article 13 as follows:

a) In Clause 1, amend the phrase "to the Ministry of Labor, Invalids and Social Affairs" to "reporting on the process of organizing the national vocational skills assessment, evaluating the limitations of the national vocational skills standards, the national vocational skills assessment test, common skill deficiencies of workers participating in the assessment, and forecasting the vocational skills needs of workers in the region over the next 3 to 5 years (if applicable) to the General Department of Vocational Education";

b) In Clause 2, amend the phrase "the Ministry of Labor, Invalids and Social Affairs shall be responsible for compiling" to "the General Department of Vocational Education shall be responsible for compiling and reporting to the Ministry of Labor, Invalids and Social Affairs".

12. Amend and supplement some contents of Article 14 as follows:

a) In the name of Article 14, amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education";

b) In Clause 2, amend the phrase "specifying report forms, management record books related to issuance, replacement, and reissuance" to "implementing information, reporting, and statistical systems for national vocational skill certificates that have been issued, replaced, reissued, or canceled and revoked";

c) In Clause 4, add the phrase "and searching for information on the internet" after the phrase "processing and searching".

13. Amend some contents of Article 15 as follows:

a) Amend the content of Clause 1 as follows:

"1. The decision recognizing the assessment results of the Examination Board in accordance with Clause 7, Article 3 of Decree No. 140/2018/NĐ-CP dated October 8, 2018, of the Government amending and supplementing several decrees related to investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs.";

b) In Clause 2, remove the phrase "recognition and" and add the phrase "citizen identification card or" before the phrase "identity card".

14. Amend some contents of Article 17 as follows:

a) In Clause 1, amend the phrase "General Department of Vocational Training" to "General Department of Vocational Education";

b) In Clause 2, remove the phrase "recognition and".

15. Replace Appendix 01 of Circular No. 38/2015/TT-BLĐTBXH with Appendix 01 promulgated together with this Circular.

16. Replace Model 01 and Model 02 of Appendix 03 promulgated together with Circular No. 38/2015/TT-BLĐTBXH respectively with Model 01 and Model 02 of Appendix 02 promulgated together with this Circular.

17. Amend and abolish some contents of Appendix 04 attached to Circular No. 38/2015/TT-BLĐTBXH as follows:

a) Abolish Model 01;

b) Replace Model 02 and Model 03 of Appendix 04 promulgated together with Circular No. 38/2015/TT-BLĐTBXH respectively with Model 01 and Model 02 of Appendix 03 promulgated together with this Circular.

18. Abolish Article 5.

Article 2. Amend and supplement Circular No. 19/2016/TT-BLDTBXH dated June 28, 2016 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Law on Employment regarding the assessment and issuance of national vocational skill certificates (hereinafter referred to as Circular No. 19/2016/TT-BLDTBXH).

1. Amend the phrase "Ministry of Labor, Invalids and Social Affairs issues, reissues" to "General Department of Vocational Education and Training issues, reissues, exchanges" in the content of Article 5.

2. Amend and supplement some contents of Article 6 as follows:

a) In Clause 1, amend the phrase "Clause 1 of Article 6 of Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Law on Employment regarding the assessment and issuance of national vocational skill certificates (hereinafter referred to as Decree No. 31/2015/NĐ-CP)" to the phrase "Clause 2 of Article 3 of Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several decrees related to investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as Decree No. 140/2018/NĐ-CP)."

b) In Point c Clause 1, amend the phrase "Clause 2 of Article 3 of Decree No. 31/2015/NĐ-CP" to the phrase "Clause 1 of Article 3 of Decree No. 140/2018/NĐ-CP."

c) In Clause 2, amend the phrase "Clause 1 and Clause 2 of Article 7 of Decree No. 31/2015/NĐ-CP" to the phrase "Clause 2 of Article 3 of Decree No. 140/2018/NĐ-CP."

d) In Point b Clause 2, delete the phrase "prescribed in Clause 1 of Article 7 of Decree No. 31/2015/NĐ-CP."

3. In Article 7, amend the phrase "application dossier for issuance, reissuance" to "application dossier for issuance; reissuance; exchange" and amend the phrase "application form for issuance, reissuance" to "application form for issuance; reissuance, exchange" in the name and content of the article.

4. Amend and supplement some contents of Article 10 as follows:

a) Amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education and Training" in Clause 1.

b) Amend the phrase "Ministry of Labor, Invalids and Social Affairs compiles, builds" to "General Department of Vocational Education and Training compiles, builds and submits to the Ministry of Labor, Invalids and Social Affairs for approval" in Clause 2.

5. Amend and supplement some contents of Article 11 as follows:

a) Amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education and Training" in Point d Clause 1, Point a Clause 2 and Clause 3.

b) Supplement the phrase "and guidance documents prescribed in Point a Clause 3 of this Article" after the phrase "the list of facilities, equipment for assessing national vocational skills for each occupation issued by the Ministry of Labor, Invalids and Social Affairs" in Point đ Clause 1.

6. Amend and supplement some contents of Article 12 as follows:

a) In Clause 1, amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education and Training" and supplement the phrase ", Clause 8 of Article 3 of Decree No. 140/2018/NĐ-CP" after the phrase "Clause 4 of Article 20 of Decree No. 31/2015/NĐ-CP."

b) In Point a Clause 2, amend the phrase "Within two days at the latest" to "At the latest within two days" and amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education and Training."

c) Amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education and Training" in Point b Clause 2 and Point e Clause 3.

d) In Point a Clause 3, amend the phrase "Ministry of Labor, Invalids and Social Affairs provides" to "General Department of Vocational Education and Training provides."

đ) In Point c Clause 3, amend the phrase "Point c Clause 10" to "Point c Clause 1 Article 10."

7. Amend and supplement some contents of Article 13 as follows:

a) Amend the phrase "identity card" to "citizen identification card/identity card/passport" in Point b Clause 1 and Point d Clause 2.

b) Amend point c, Clause 1 as follows:

"c) Not allowed to bring along materials, items not permitted to be taken to the examination location as prescribed in Point đ Clause 3 Article 12;"

c) Amend Point đ Clause 2 as follows:

"đ) Require participants not to bring along materials, items not permitted to be taken to the examination location;"

8. Amend and supplement some contents of Article 15 as follows:

a) Amending point c clause 1 as follows:

"c) Not allowed to bring along materials, items, devices, tools not permitted to be taken to the examination location as prescribed in Point đ Clause 3 Article 12;"

b) Amend Point e Clause 2 as follows:

"e) Require participants not to bring along materials, items, devices, tools not permitted to be taken to the examination location;"

9. Amend the phrase "Ministry of Labor, Invalids and Social Affairs" to "General Department of Vocational Education and Training" in Clause 1 Article 18, Clause 3 Article 18, Clause 2 Article 19, Point b Clause 3 Article 19 and Point b Clause 2 Article 22.

10. Amend Article 23 as follows:

"Article 23. Application for issuance of national vocational skill certificates

Within five (5) days from the date of posting or displaying the announcement of examination results as prescribed in Article 21 of this Circular, the vocational skill assessment organization must prepare an application for issuance of national vocational skill certificates for participants who meet the requirements and submit it to the General Department of Vocational Education in accordance with Articles 6 and 9 of Circular No. 38/2015/TT-BLDTBXH on national vocational skill certificates, issuance, and management of national vocational skill certificates.

11. Amend and supplement some contents of Article 24 as follows:

a) Replace the phrase "Ministry of Labor, Invalids and Social Affairs" with the phrase "General Department of Vocational Education" in the title of the Article;

b) Replace the phrase "unified management of implementation" with the phrase "assist the Ministry of Labor, Invalids and Social Affairs in state management over" in Clause 1;

c) Add Clause 1a following Clause 1 as follows:

"1a. Organize inspections and audits of the implementation of vocational skill assessment and certification activities for workers; resolve complaints and reports in the field of national vocational skill assessment according to their authority;"

d) Amend Clause 4 as follows:

"4. Implement information dissemination, reporting, statistics, management, storage of documents and files, and unify forms related to vocational skill assessment and certification activities; publicly announce on the electronic information website http://vanbang.gdnn.gov.vn the list of individuals who have been issued, reissued, exchanged, or had their national vocational skill assessor cards revoked or recalled;"

12. Replace Appendix 01 of Circular No. 19/2016/TT-BLDTBXH with Appendix 04 attached hereto.

13. Replace Appendix 02 of Circular No. 19/2016/TT-BLDTBXH with Appendix 05 attached hereto.

14. Replace Model 02 of Appendix 03 of Circular No. 19/2016/TT-BLDTBXH with Appendix 06 attached hereto.

15. Replace Model 01 and Model 02 of Appendix 04 of Circular No. 19/2016/TT-BLDTBXH respectively with Model 01 and Model 02 of Appendix 07 attached hereto.

16. Replace Appendix 05 of Circular No. 19/2016/TT-BLDTBXH with Appendix 08 attached hereto.

17. Replace Appendix 06 of Circular No. 19/2016/TT-BLDTBXH with Appendix 09 attached hereto.

18. Replace Appendix 10 of Circular No. 19/2016/TT-BLDTBXH with Appendix 10 attached hereto.

19. Replace Appendix 14 of Circular No. 19/2016/TT-BLDTBXH with Appendix 11 attached hereto.

20. Repeal Appendix 13 of Circular No. 19/2016/TT-BLDTBXH.

Article 3. Transitional Provisions

Applications for issuance, reissuance, exchange, and supplementation of certificates for vocational skill assessment and certification activities; applications for issuance, reissuance, and exchange of national vocational skill certificates submitted before the effective date of this Circular shall continue to be processed in accordance with Circular No. 38/2015/TT-BLDTBXH dated October 19, 2015 on national vocational skill certificates, issuance, and management of national vocational skill certificates and Circular No. 19/2016/TT-BLDTBXH dated June 28, 2016 guiding the implementation of certain provisions of Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing the implementation of certain provisions of the Law on Employment regarding vocational skill assessment and certification.

Article 4. Implementation provisions

1. This Circular takes effect from February 15, 2020.

2. During the implementation process, if any issues arise or difficulties occur, organizations and individuals should report them to the Ministry of Labor, Invalids and Social Affairs (through the General Department of Vocational Education) for consideration and resolution./.