Consolidated Document number 5213/VBHN-BLDTBXH Decree detailing the implementation of certain provisions of the Labor Law on national vocational skill certification assessment and issuance

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 5213/VBHN-BLDTBX	Hanoi, December 11, 2018

 

DECREE

DETAIL REGULATIONS IMPLEMENTING CERTAIN PROVISIONS OF THE LABOR LAW ON NATIONAL SKILL ASSESSMENT AND CERTIFICATION

Decree No. 31/2015/ND-CP dated March 24, 2015 of the Government detailing certain provisions of the Labor Law on national skill assessment and certification, which took effect from May 15, 2015, has been amended and supplemented by:

Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government amending and supplementing several Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs, which took effect from October 8, 2018.

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

Pursuant to the Labor Law dated November 16, 2013;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree detailing certain provisions of the Labor Law on national skill assessment and certification;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree details the implementation of Clause 4, Article 31 and Clause 2, Article 35 of the Labor Law on conditions, organization, and activities for national skill assessment and certification, and the list of jobs directly affecting the safety and health of individual workers or the community that must have a national skill certificate.

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

3. For jobs directly affecting the safety and health of individual workers or the community within industries or professions requiring a certificate or license as stipulated in other current laws, such jobs shall be implemented according to those laws and the provisions of this Decree.

Article 2. Applicability

1. Organizations conducting skill assessments; workers participating in national skill assessment and certification.

2. Employers using workers in jobs listed in the job list directly affecting the safety and health of individual workers or the community that must have a national skill certificate.

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

Chapter II

CONDITIONS, ORGANIZATION, AND ACTIVITIES FOR NATIONAL SKILL ASSESSMENT AND CERTIFICATION

Section 1. CONDITIONS, AUTHORITY, PROCEDURES, AND FORMALITIES FOR ISSUING A LICENSE TO CONDUCT NATIONAL SKILL ASSESSMENT AND CERTIFICATION

Article 3. Conditions for issuing a license to conduct national skill assessment and certification

An organization eligible to receive a license to conduct national skill assessment and certification must meet the following conditions:

1. Regarding physical facilities and equipment:

a) Possess physical facilities (specialized rooms, technical rooms, and buildings, workshops, and grounds) and equipment (means, devices, tools, and measuring instruments) according to the list of physical facilities and equipment for national skill assessment for each profession issued by the Ministry of Labor, Invalids and Social Affairs, ensuring they correspond to the number of participants in a batch of knowledge tests or practical skills tests and occupational safety and health procedures at a specific skill level of each profession conducted simultaneously;

b) Have an image and sound monitoring system connected to the Internet, ensuring all activities during the knowledge test and practical skills test and occupational safety and health procedures can be observed, monitored, and supervised;

c) Have a dedicated online platform allowing workers to register for national skill assessment and certification online.

2.2 Regarding direct human resources for conducting skill assessments of participants:

There must be at least one person officially working at the skill assessment organization, holding a national skill assessor card corresponding to the profession and skill level requested for the license issuance.

Article 4. Certificate for National Vocational Skill Certification Activities

1. The certificate for national vocational skill 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 will be evaluated and certified.

2. The Minister of Labor, Invalids and Social Affairs shall issue the certificate model and the application file documents for requesting the certificate.

Article 5. Authority to Issue Certificates

The Ministry of Labor, Invalids and Social Affairs is the authority responsible for issuing, renewing, supplementing, reissuing, temporarily suspending operations, and revoking certificates already issued.

Article 6. Application Documents, Procedures, and Formalities for Issuing; Reissuing; Renewing and Supplementing Certificates for National Vocational Skill Certification Activities

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1. Application Documents

a) The application file for requesting a certificate consists of 01 set, including:

- A request letter from the organization;

- The establishment decision of the organization issued by the competent authority;

- Documentation proving compliance with the conditions stipulated in Article 3 of this Decree.

b) The application file for reissuing a certificate

In cases where the certificate is damaged, torn, deteriorated, or lost, the application file for reissuing a certificate consists of 01 set, including:

- A request letter from the organization;

- The previously issued certificate, except in cases where the certificate is lost.

c) The application file for renewing or supplementing a certificate

In cases where there is a change or addition to the trade name, vocational skill level, or a change in the main office name or address of the vocational skill assessment organization in the previously issued certificate, the application file for changing the certificate consists of 01 set, including:

- A request letter from the vocational skill assessment organization;

- The previously issued certificate, except in cases where the certificate is lost;

- Relevant documentation related to changes or additions in the certificate. In cases of adding a trade name or vocational skill level, the documentation must prove compliance with the conditions regarding material facilities, equipment, and direct personnel involved in vocational skill assessment as stipulated in Article 3 of this Decree.

2. Procedures and formalities:

- Organizations requesting issuance, reissuance, renewal, or supplementation of certificates must submit the application file according to one of the Points a, b, or c of Clause 1 of this Article directly, through the online public service portal, or via postal service to the Ministry of Labor, Invalids and Social Affairs (through the General Department of Vocational Education). If submitting the application file directly or via postal service, all components of the application file must be in original form or certified copies; if registering through the online public service portal, it must comply with the regulations on electronic transactions.

- Within 10 working days from the date of receiving the application file, the competent authority is responsible for reviewing the application file and issuing, reissuing, or changing the certificate; if not issuing, they must respond in writing and provide specific reasons.

Article 7.

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(Repealed)

Article 8. Suspension of Operations or Revocation of Certificates

1. Vocational skill assessment organizations will have their operations suspended for up to 6 (six) months in the following cases:

a) At the time immediately before conducting the evaluation and certification of national vocational skills, they no longer meet one of the conditions stipulated in Article 3 of this Decree;

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

2. Vocational skill assessment organizations will have their certificates revoked in the following cases:

a) Falsifying information in the application file to obtain a certificate;

b) Engaging in actions that interfere with the test results of knowledge or practical tests of participants;

c) Falsifying test results of knowledge or practical tests for non-participants or requesting national vocational skill certificates for non-participants;

d) Not implementing vocational skill evaluation and certification activities within 24 months from the date of obtaining the certificate;

đ) Exceeding the suspension period without taking corrective measures or failing to 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 10 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 30 days from the date of suspension of operations or revocation of the certificate, the vocational skill assessment organization is responsible for settling rights and obligations with related 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 examination papers and practical examination papers previously used in national skill assessment sessions at the request of workers;

b) To link with other organizations as prescribed by law to ensure material conditions such as facilities and equipment for the assessment and issuance of national skill certificates to participants;

c) To charge rental fees for tools and equipment and purchase prices for materials provided to participants during examinations 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 issuance of national skill certificates for each occupation and level of skill; 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 application files for participation in national skill assessment and certification sessions submitted by workers;

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

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 skill assessment and certification activities;

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

g) To deliver national skill certificates issued by authorized agencies as stipulated in Clause 2, Article 26 of this Decree through postal service or direct delivery to qualified participants; retain participant files and assessment results according to legal regulations on recordkeeping;

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 meet the following conditions:

a) Having full capacity for civil acts;

b) Meeting one of the skill level, 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 skill levels 1 must meet one of the following skill level, expertise, and experience requirements:

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

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

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

3. A person eligible for a national skill assessor card for skill levels from 1 to 2 must meet one of the following skill level, expertise, and experience requirements:

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

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

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

4. A person eligible for a national skill assessor card for skill levels from 1 to 3 must meet one of the following skill level, expertise, and experience requirements:

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

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

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

5. A person eligible for a national skill assessor card for skill levels from 1 to 4 must meet one of the following skill level, expertise, and experience requirements:

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

b) Has graduated from a university or higher in a relevant field and has at least 10 (ten) years of work experience in that profession 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. A person granted a national vocational skill assessor card for a vocational skill level from Level 1 to Level 5 must meet one of the following conditions regarding vocational skill level, expertise, and work experience:

a) Having been granted a national vocational skill certificate at Level 5 in that profession and having at least 03 (three) years of work experience in that profession since obtaining the certificate;

b) Having graduated from a university or higher in a relevant field and having at least 15 years of work experience in that profession 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. The period of work experience in the profession is determined through a labor contract concluded in writing between the worker and the employer in accordance with labor law regulations.

Article 12. National Vocational Skill Assessor Card

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1. The assessor card must clearly state the trade and the vocational skill level participating in the assessment. The Ministry of Labor, Invalids, and Social Affairs shall specify the format of the assessor card and the documentation included in the application dossier for the issuance of the assessor card; organize the compilation of training programs and materials on vocational skill assessment business skills, and organize training to issue the assessor card.

2. Within 03 (three) working days from the date of issuance, reissuance, replacement, supplementation, revocation, or recovery of the assessor card, the General Department of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs shall announce on its electronic information website the list of persons issued, reissued, replaced, or revoked/recovered assessor cards.

Article 13. Application Dossier, Procedures, and Formalities for Issuance; Reissuance; Replacement, and Supplement of the Assessor Card

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1. Application Documents

a) The application dossier for the issuance of the assessor card consists of 01 set, including:

- An individual's application form for the issuance of the assessor card accompanied by 01 (one) color photograph measuring 3x4 cm;

- One (01) set of documents proving compliance with the conditions stipulated in Article 11 of this Decree;

b) The application dossier for the reissuance of the assessor card

In cases where the assessor card is damaged, torn, deteriorated, or lost, the application dossier for reissuance consists of 01 set, including:

- An individual's application form for reissuance or replacement of the assessor card accompanied by 01 (one) color photograph measuring 3x4 cm;

- The previously issued assessor card, except in cases where the assessor card is lost.

c) The application dossier for the replacement or supplementation of the assessor card

In cases where there is a change or supplementation of the permitted vocational skill level to be assessed, the application dossier for replacement consists of 01 set, including:

- An individual's application form for replacement of the assessor card accompanied by 01 (one) color photograph measuring 3x4 cm;

- The previously issued assessor card, except in cases where the assessor card is lost;

- Relevant documents related to changes or supplements of the vocational skill level ensuring compliance with the conditions for issuing the assessor card stipulated in Article 11 of this Decree.

2. Procedures and formalities:

- The person applying for issuance, reissuance, replacement, or supplementation of the assessor card shall prepare the dossier in accordance with one of Points a, b, or c of Clause 1 of this Article and submit it directly, via the online public service portal, or by post to the General Department of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs. In cases of direct submission or submission by post, all parts of the dossier must be submitted in original or certified copies; in cases of registration via the online public service portal, procedures shall be carried out in accordance with laws on electronic transactions;

- Within 07 (seven) working days from the date of receipt of the dossier, the General Department of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs shall examine the dossier and issue, reissue, replace, or supplement the assessor card. If issuance is not granted, a written response must be provided stating the reasons.

Article 14.

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(Repealed)

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) When conducting the assessment 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 regulations set forth in the national vocational skill assessment and certification process issued by the Ministry of Labor, Invalids and Social Affairs.

3. Within fifteen working days from the date of becoming aware that the cardholder has ceased employment or transferred to another unsuitable position but continues to participate in the national vocational skill assessment or engages in behavior violating the provisions of Clause 2 of this Article, the General Department of Vocational Education under the Ministry of Labor, Invalids and Social Affairs shall issue a decision to revoke or recover the Evaluation Officer Card and notify the relevant authority or organization where the evaluation officer works or resides.

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

5. If the cardholder is a civil servant or public official and commits a violation, they shall be subject to handling 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 CERTIFICATION

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

1. Workers with the need may participate in the national vocational skill assessment and certification at Level 1 of a trade's skill level.

2. To be eligible to participate in the national vocational skill assessment and certification at Level 2 of a trade's skill level, workers must meet one of the following conditions:

a) Possess a Level 1 National Vocational Skill Certificate or a corresponding初级级职业技能证书，并且自获得该证书之日起至少有两年的工作经验；

b) Complete a junior college program (junior college vocational education or junior college professional education) corresponding to the trade being applied for;

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

3. To be eligible to participate in the national vocational skill assessment and certification at Level 3 of a trade's skill level, workers must meet one of the following conditions:

a) Possess a Level 2 National Vocational Skill Certificate or a corresponding junior college diploma (junior college vocational education, junior college professional education, or trade certificate, technical worker certificate) and have at least two consecutive years of work experience in that trade since obtaining the certificate or diploma;

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

c) Complete a college program (college vocational education) corresponding to the trade being applied for;

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

4. To be eligible to participate in the national vocational skill assessment and certification at Level 4 of a trade's skill level, workers must meet one of the following conditions:

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

b) Possess a Level 2 National Vocational Skill Certificate or a corresponding junior college diploma (junior college vocational education, junior college professional education, or trade certificate, technical worker certificate) and have at least six consecutive years of work experience in that trade since obtaining the certificate or diploma;

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

d) Complete a university program corresponding to the trade being applied for;

e) Have at least ten consecutive years of work experience in that trade.

5. To be eligible to participate in the national vocational skill assessment and certification at Level 5 of a trade's skill level, workers must meet one of the following conditions:

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

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

c) Possess a Level 2 National Vocational Skill Certificate or a corresponding junior college diploma (junior college vocational education, junior college professional education, or trade certificate, technical worker certificate) and have at least twelve consecutive years of work experience in that trade since obtaining the certificate or diploma;

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

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

f) Have at least fifteen consecutive years of work experience in that 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 or ward where the worker resides for self-employed workers.

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 are as follows:

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

b) Employers have the right to register their employees working at their units or facilitate them to register themselves to participate;

c) The skill assessment organizations are responsible for checking and verifying the conditions for participating in the national skill certification assessment 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 the 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 prescribed in this Article.

Article 18. Conditions for Recognition of Equivalence 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 stipulated in Article 30 of the Employment 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 organized annually;

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

Article 20. Methods of Implementing National Skill Certification Assessment

1. For each level of skill of a trade, a panel of examiners selected by the head of the skill assessment organization will be established 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, 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 which 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 the specialized knowledge and technical skills; 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 stipulated in this Decree.

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

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

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

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

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

đ) Written tests 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 work assessment through operation on equipment, devices, tools;

b) Practical work assessment through paper-based exercises to handle and resolve situations;

c) Practical work assessment through operation on equipment, devices, tools combined with practical work assessment through paper-based exercises to handle and resolve situations.

4. Based on the national occupational skill standards that have been published, the Vocational Education General Department under the Ministry of Labor, Invalids and Social Affairs shall organize the compilation of knowledge tests and practical skill tests as stipulated in Clauses 2 and 3 of this Article according to each level of occupational skills for each occupation; manage and establish a question bank to provide for occupational skill assessment organizations to use in national occupational skill assessment periods.

Article 21. Procedures 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 technical knowledge, practical skill performance, and safe working procedures and labor hygiene of participants according to each level of occupational skills for each occupation;

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

4. Recognize the results of national occupational skill assessment and certify 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

1. The Vocational Education General Department under the Ministry of Labor, Invalids and Social Affairs shall decide to establish supervision teams to carry out supervision during national occupational skill assessment periods organized at each occupational skill assessment organization.

2. Each supervision team shall consist of at least three (3) members, including a team leader and other members; supervision team members must either hold an assessor card or possess professional qualifications and experience in that occupation introduced by trade unions, professional associations, or enterprises.

3. The supervision team shall have the following duties and powers:

a) Supervise the activities of members of the examination board when conducting assessments of specialized technical knowledge, practical skill performance, and safe working procedures and labor hygiene of participants according to each level of occupational skills for that occupation;

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

c) When discovering violations by members of the examination board, they shall record them in a report and recommend the competent authority to handle them 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 established 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 incidents such as typhoons, floods, fires, explosions, or other unforeseen events occur immediately upon commencement of the national occupational skill assessment period or while participants are taking knowledge tests or practical skill tests, making it impossible to continue as prescribed and necessitating a halt, the occupational skill assessment organization shall undertake the following actions:

1. Submit a written report to the Vocational Education General Department under the Ministry of Labor, Invalids and Social Affairs regarding the postponement of the ongoing national occupational skill assessment period to be rescheduled at a suitable time;

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

3. Refund fees as stipulated in Article 25 of this Decree to participants who have paid for equipment rental, tool usage, and material purchase costs when they choose not to participate in the rescheduled national occupational skill assessment period following the 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 process of conducting national vocational skill certification 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 regulations on the process of conducting national vocational skill certification, 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 certification organization but have not used them shall be carried out as follows:

1. In cases where the certification 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 certification, the certification 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 certification, the certification organization must refund the participant 50% of the amount paid corresponding to the value of the rented tools and equipment and purchased supplies and raw materials that were not used.

Article 26. Issuance of National Vocational Skill Certificates

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1. Based on the records and compilation of scores from the knowledge test and practical test prepared by the examination board, and the monitoring records of the supervisory team, the certification organization decides to recognize the examination board's evaluation results and prepares a file to request issuance of national vocational skill certificates for participants who meet the requirements, to be submitted to the General Department of Vocational Education under the Ministry of Labor, Invalids and Social Affairs.

2. The General Department of Vocational Education under the Ministry of Labor, Invalids and Social Affairs examines the files requesting issuance of national vocational skill certificates for participants who meet the requirements, files requesting reissuance of national vocational skill certificates; issues certificates; if issuance is denied, it must provide a written response with clear reasons; recognizes and issues national vocational skill certificates to the subjects specified in Article 18 of this Decree; publicly announces on its website the list of individuals who have been issued, reissued, or had their certificates revoked; implements collection, management, and use of fees for issuing national vocational skill certificates according to guidelines prescribed by the Ministry of Finance.

3. The Ministry of Labor, Invalids and Social Affairs stipulates the format of the national vocational skill certificate; the file, procedures, and formalities for requesting issuance and reissuance of national vocational skill certificates; the revocation of national vocational skill certificates.

Article 27. Archiving System

1. Documents on the results of vocational skill assessment of participants; minutes, lists of proposed 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, stored, and reviewed for cancellation in accordance with legal regulations on archiving.

Chapter III

WORKS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF INDIVIDUAL WORKERS OR THE COMMUNITY MUST HAVE NATIONAL VOCATIONAL SKILL CERTIFICATES

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

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

a) Works listed in the special heavy, toxic, and dangerous work categories;

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

2. Proposals for adding, changing, removing works from the list of works directly affecting the safety and health of individual workers and the community 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 listed when their names change or they no longer exist.

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

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

Article 29. Proposals for Changing, Removing, or Adding Works to the List of Works Directly Affecting the Safety and Health of Individual Workers and the Community 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 additions to works directly affecting the safety and health of individual workers and the community 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, associations, and professional associations to examine proposals for changes, removals, or additions to works directly affecting the safety and health of individual workers and the community that must have national vocational skill certificates submitted by ministries, ministerial-level agencies, government-affiliated agencies, and provincial/municipal People's Committees, and report 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 regulations on state management in the activities of assessing and issuing national occupational skill certificates within its authority, or submitting them to competent authorities for issuance;

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 scientific research and technological application in the activities of assessing and issuing national occupational skill certificates; building and issuing technical standards, procedural guidelines, operational rules for assessment organizations; implementing information, reporting, and statistical systems and issuing unified forms for use 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 for each occupation according to the national occupational skill standards;

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

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

7. Directing, organizing the implementation, and inspecting the 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 occupational skill levels between countries and Vietnam within its authority;

9. Inspecting, supervising, resolving complaints and grievances, and handling 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, agencies at the ministerial level, and government agencies

Within their respective scope and authority, Ministries, agencies at the ministerial level, and government agencies shall be responsible for:

1. Building and proposing a list of jobs that directly affect the safety and health of individual workers or the community, which require a license or practice certificate as stipulated in 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 state affairs regarding the evaluation and issuance of national vocational skill certificates;

3. Organizing the development of national vocational skill standards for occupations involving jobs listed in Article 28 and Article 29 of this Decree that directly impact the safety and health of individual workers and the community, according to the provisions of Article 32 of the Law on Employment, to submit to the Ministry of Labor, Invalids and Social Affairs for review and publication;

4. Cooperating with the Ministry of Labor, Invalids and Social Affairs in compiling knowledge tests and practical tests for each level of vocational skill for each occupation, and a list of facilities and equipment for evaluating national vocational skills for each occupation, to be used in the evaluation and issuance of national vocational skill certificates as stipulated 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 state affairs regarding the evaluation and issuance of national vocational skill certificates at the local level within their respective scope and authority and shall be responsible for:

1. Cooperating with the Ministry of Labor, Invalids and Social Affairs to organize the evaluation and issuance of national vocational skill certificates for workers at the local level;

2. Directing, inspecting, and auditing the implementation of the evaluation and issuance of national vocational skill certificates at the local level in accordance with the law;

3. Performing other tasks as prescribed in this Decree.

Article 34. Responsibilities in Coordinating State Management of the Evaluation and Issuance of National Vocational Skill Certificates

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 evaluation and issuance of national vocational skill certificates, 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 state affairs regarding the evaluation and issuance of national vocational skill certificates 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, organizations that have been granted certification as centers for evaluating and issuing national vocational skill certificates before the effective date of this Decree must complete the procedures for reissuing the certification in accordance with this Decree.

2. National vocational skill certificates issued to workers who participated in the evaluation and issuance of national vocational skill certificates before the effective date of this Decree remain valid.

3. Individuals holding national vocational skill certificates prior to the effective date of this Decree, if they wish to exchange them for certificates issued in accordance with this Decree, may do so following the guidelines of the Ministry of Labor, Invalids and Social Affairs.

Article 37. Effective Date

13

This Decree shall take 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 in this Decree.

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

 

Place of Receipt: - OFFICE OF THE GOVERNMENT (FOR PUBLICATION IN THE GAZETTE); - Minister (for signature); - Electronic Information Portal of the Ministry of Labor, Invalids and Social Affairs; - To be filed: Office of Records, General Department of Civil Defense.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Le Quan

 

ANNEX

NATIONAL VOCATIONAL SKILL CERTIFICATE REQUIRED JOBS THAT DIRECTLY AFFECT THE SAFETY AND HEALTH OF INDIVIDUAL WORKERS OR THE COMMUNITY

(Annexed to Decree No. 31/2015/NĐ-CP dated March 24, 2015 detailing certain provisions of the Law on Employment concerning the evaluation and issuance of national vocational skill certificates).

Level 1	Level 2	HIGH SCHOOL LEVEL	Level 4	Level 5	Industry Name	Job Title
B					Mining
	5				Coal mining and lignite mining
		51	510	5100	Coal mining and collection	- Tunnel excavation and support - Operation of coal extraction machinery and equipment in underground mines
C					Processing and Manufacturing Industry
	33				Repair, maintenance, and installation of machinery and equipment
		331			Repair, maintenance of machinery and equipment and cast iron products
			3313	33130	Repair of electronic and optical equipment	Maintenance and repair of medical equipment using electronics, electronically controlled, pneumatic pressure, and optical devices
F
	42				Construction of civil engineering works
		421	4210		Railway and road construction
				42101	Railway construction	- Operation of tunnel construction vehicles and machinery
				42102	Road construction	Operation of tunnel construction vehicles and machinery
		429	4290	42900	Other civil engineering construction	Operation of tunnel construction vehicles and machinery
N |||					Administrative activities and supporting services
	81				Cleaning services for houses, buildings, and landscapes
		812			Cleaning services
			8129	81290	Cleaning of houses and other buildings	Cleaning and maintenance of high-rise buildings over 10 floors
R					Arts, entertainment, and recreation
	93				Sports, entertainment, and recreation activities
		932			Other entertainment and recreational activities
			9329	93290	Other entertainment and recreational activities not classified elsewhere	Management and service provision in entertainment areas in basements larger than 1000 square meters.