Decree No. 83/2016/NĐ-CP on levels of vocational skill proficiency and conditions for upgrading ranks of defense workers

 

DECREE

REGULATIONS ON SKILL LEVELS AND PROFESSIONAL QUALIFICATIONS OF DEFENSE WORKERS

CONDITIONS FOR PROMOTING SKILL LEVELS OF DEFENSE WORKERS

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Law on Professional Military Personnel, Defense Workers, and Defense Civil Servants dated November 26, 2015;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree on skill levels and professional qualifications of defense workers and conditions for promoting their skill levels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates skill levels and professional qualifications of defense workers and conditions for promoting their skill levels; responsibilities and authorities of agencies, organizations, and individuals involved in inspecting and evaluating the skill levels of defense workers.

Article 2. Applicability

Defense workers currently performing tasks at production, repair, improvement, and maintenance facilities for weapons and military technical equipment; ensuring and serving combat readiness, combat operations, training, and other tasks of the Military and other agencies and organizations related to implementing the provisions of this Decree.

Article 3. Explanation of Terms

1. Professional skills of defense workers are the ability to apply specialized knowledge to practical work at assigned positions based on job requirements.

2. Skill level of defense workers is a ranking of professional expertise from low to high, indicating the degree of knowledge and professional skills required for each profession.

3. Framework of skill levels of defense workers is a classification system of skill levels based on descriptions according to criteria such as nature, degree of work to be performed; scope, situations, flexibility, creativity, and coordination and responsibility in performing work.

4. Skill certification is a certificate confirming that a defense worker has the necessary ability to perform tasks at a certain skill level of a profession.

5. Promotion of skill levels of defense workers involves assessing skill levels from a lower to a higher level within a profession and issuing a skill certification when the examination results meet the requirements.

Chapter II

REGULATIONS ON SKILL LEVELS OF DEFENSE WORKERS

Article 4. Skill Levels of Defense Workers

1. Skill levels of defense workers working in civilian fields corresponding to industries and professions shall be implemented according to national regulations on skill levels, comprising five levels, specifically as follows:

a) Level 1 skill level;

b) Level 2 skill level;

c) Level 3 skill level;

d) Level 4 skill level;

e) Level 5 skill level.

2. Skill levels of defense workers working in special military industries and professions shall be defined from Level 1 to Level 7, specifically as follows:

a) Level 1 skill level;

b) Level 2 skill level;

c) Level 3 skill level;

d) Level 4 skill level;

e) Level 5 skill level;

f) Level 6 skill level;

g) Level 7 skill level.

3. The Minister of National Defense shall specify the List of special military industries and professions; describe the standards of skill levels corresponding to each special military industry and profession.

Article 5. Framework of Skill Levels of Defense Workers

The framework of skill levels of defense workers working in civilian fields corresponding to industries and professions shall be implemented according to national regulations on skill level frameworks.

The framework of skill levels of defense workers working in special military industries, specifically as follows for each level:

1. Level 1:

a) Performing simple, repetitive tasks in fixed situations;

b) Having basic knowledge of the specialty and understanding of the profession's activities in limited areas as assigned; able to apply knowledge and understanding to perform tasks under guidance;

c) Able to receive, record, and convey information as required and participate in team work; responsible for part of the outcome of the work produced.

2. Level 2:

a) Performing routine tasks;

b) Having basic knowledge of the specialty and understanding of the profession's activities in broader areas as assigned; able to apply knowledge and understanding to solve common technical problems and some complex issues but with guidance;

c) Able to analyze and explain information; able to work independently in teams; primarily responsible for the outcome of the work produced.

3. Level 3:

a) Performing routine tasks and some complex tasks in certain situations;

b) Having specialized knowledge, basic knowledge of principles and theories, and understanding of the profession's activities in assigned areas; able to apply knowledge and understanding to propose solutions to complex technical problems when performing tasks;

c) Able to recognize, analyze, and evaluate information from various sources; able to work independently in some cases when performing tasks; mainly responsible for the outcome of the work produced.

4. Level 4:

a) Performing mostly complex tasks with multiple choices in different situations;

b) Having specialized knowledge, knowledge of principles and theories, and broad understanding of the profession's activities in assigned areas; able to apply knowledge and understanding to propose solutions to complex technical problems and management requirements when performing tasks;

c) Able to recognize, analyze, and evaluate information from various sources; able to work independently and guide others in teams when performing tasks; responsible for the quality of the work produced according to standards and partially responsible for the outcomes of others' work in the team.

5. Level 5:

a) Performing most complex tasks with multiple choices in various situations;

b) Possess in-depth specialized knowledge, broad knowledge about principles, theories, and extensive understanding of activities in certain assigned fields; have analytical, deliberative, diagnostic skills for some modules or systems within a complex to propose solutions to resolve complex technical issues and management requirements within a narrow scope when performing tasks;

c) Have the ability to analyze and evaluate information from various sources and utilize the results of such analysis and evaluation to provide opinions and recommendations serving management purposes and research; be autonomous and capable of working independently; have the ability to manage and lead teams to perform assigned tasks; take responsibility for the quality of work outcomes and products produced, as well as for the results and products of others within the team;

6. Level 6:

a) Able to perform complex tasks with multiple options in all situations;

b) Possess in-depth specialized knowledge, broad knowledge about principles, theories, and extensive understanding of activities in assigned fields and knowledge in some other fields; have analytical, deliberative, diagnostic, and design skills for each module or system within a complex to propose solutions to resolve complex technical issues and management requirements within a certain scope when performing tasks;

c) Know how to analyze and evaluate information and have the ability to generalize to propose viewpoints and initiatives; work independently and autonomously; have the ability to manage and lead teams during the performance of tasks; take responsibility for the quality of work outcomes and products produced, as well as for the results and products of others within the team;

7. Level 7:

a) Able to perform all complex tasks in all situations;

b) Possess in-depth specialized knowledge, broad knowledge about principles, theories, and extensive understanding of activities in assigned fields and broad knowledge in some other fields; have analytical, deliberative, diagnostic, and design skills for the overall modules or complexes to propose solutions to resolve complex technical issues and all management requirements within a wide scope when performing tasks;

c) Know how to analyze and evaluate information and have the ability to generalize to propose effective viewpoints and initiatives; work independently and highly autonomously; have the ability to manage and lead teams during the performance of tasks; take responsibility for the quality of work outcomes and products produced, as well as for the results and products of the team ensuring technical specifications and standards;

Chapter III

CONDITIONS FOR PROMOTING SKILL LEVELS OF DEFENSE WORKERS

Article 6. Provisions on Conditions for Advancing Skill Levels

1. Must meet the conditions stipulated in Clauses 2, 3, 4, 5, 6, 7, and 8 of this Article corresponding to each skill level and must participate in a skill level assessment test, with test results meeting the required criteria.

2. Defense workers who wish to do so may participate in the assessment and certification of skill levels at the first skill level of a profession.

To be eligible to participate in the assessment and certification of skill levels at the first skill level of a profession, defense workers must hold a certificate of basic training or a vocational qualification corresponding to the profession being tested and have at least one year of continuous work experience in that profession since obtaining the certificate.

3. To be eligible to participate in the assessment and certification of skill levels at the second skill level of a profession, defense workers must meet one of the following conditions:

a) Hold a certificate of the first skill level or a certificate of basic training, vocational qualification corresponding to the profession being tested and have at least three years of continuous work experience in that profession since obtaining the certificate or graduation diploma;

b) Complete a secondary vocational program or a secondary specialized program corresponding to the profession being tested.

4. To be eligible to participate in the assessment and certification of skill levels at the third skill level of a profession, defense workers must meet one of the following conditions:

a) Hold a certificate of the second skill level or a graduation diploma from a secondary vocational program or a secondary specialized program corresponding to the profession being tested and have at least three years of continuous work experience in that profession since obtaining the certificate or graduation diploma;

b) Hold a certificate of the first skill level or a certificate of basic training, vocational qualification corresponding to the profession being tested and have at least six years of continuous work experience in that profession since obtaining the certificate;

c) Complete a college vocational program corresponding to the profession being tested.

5. To be eligible to participate in the assessment and certification of skill levels at the fourth skill level of a profession, defense workers must meet one of the following conditions:

a) Hold a certificate of the third skill level or a graduation diploma from a college vocational program corresponding to the profession being tested and have at least three years of continuous work experience in that profession since obtaining the certificate or graduation diploma;

b) Hold a certificate of the second skill level or a graduation diploma from a secondary vocational program or a secondary specialized program corresponding to the profession being tested and have at least six years of continuous work experience in that profession since obtaining the certificate or graduation diploma;

c) Hold a certificate of the first skill level or a certificate of basic training, vocational qualification corresponding to the profession being tested and have at least nine years of continuous work experience in that profession since obtaining the certificate;

d) Complete a bachelor's degree program corresponding to the profession being tested.

6. To be eligible to participate in the assessment and certification of skill levels at the fifth skill level of a profession, defense workers must meet one of the following conditions:

a) Hold a certificate of the fourth skill level or a graduation diploma from a bachelor's degree program corresponding to the profession being tested and have at least six years of continuous work experience in that profession since obtaining the certificate or graduation diploma;

b) Hold a Level 3 vocational skill certificate or a college diploma, vocational college diploma corresponding to the trade being tested, and have at least nine consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

c) Hold a Level 2 vocational skill certificate or a secondary vocational school diploma, intermediate vocational school diploma, or intermediate specialized school diploma corresponding to the trade being tested, and have at least twelve consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

d) Hold a Level 1 vocational skill certificate or a初级工证书、职业资格证书或技术工人证书，与所报考的工种相符合，并自取得该证书之日起至少有十五年的连续从事该工种的工作经验；

7. To be eligible to take the assessment and obtain a vocational skill certificate at Level 6 for a particular trade, defense workers must meet one of the following Conditions:

a) Hold a Level 5 vocational skill certificate corresponding to the trade being tested, and have at least six consecutive years of work experience in that trade from the time of obtaining the certificate;

b) Hold a Level 4 vocational skill certificate or a bachelor's degree diploma corresponding to the trade being tested, and have at least twelve consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

c) Hold a Level 3 vocational skill certificate or a college diploma, vocational college diploma corresponding to the trade being tested, and have at least fifteen consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

d) Hold a Level 2 vocational skill certificate or a secondary vocational school diploma, intermediate vocational school diploma, or intermediate specialized school diploma corresponding to the trade being tested, and have at least eighteen consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

đ) Hold a Level 1 vocational skill certificate or a初级工证书、职业资格证书或技术工人证书，与所报考的工种相符合，并自取得该证书之日起至少有二十一年的连续从事该工种的工作经验；

8. To be eligible to take the assessment and obtain a vocational skill certificate at Level 7 for a particular trade, defense workers must meet one of the following Conditions:

a) Hold a Level 6 vocational skill certificate corresponding to the trade being tested, and have at least six consecutive years of work experience in that trade from the time of obtaining the certificate;

b) Hold a Level 5 vocational skill certificate corresponding to the trade being tested, and have at least twelve consecutive years of work experience in that trade from the time of obtaining the certificate;

c) Hold a Level 4 vocational skill certificate or a bachelor's degree diploma corresponding to the trade being tested, and have at least eighteen consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

d) Hold a Level 3 vocational skill certificate or a college diploma, vocational college diploma corresponding to the trade being tested, and have at least twenty-one consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

đ) Hold a Level 2 vocational skill certificate or a secondary vocational school diploma, intermediate vocational school diploma, or intermediate specialized school diploma corresponding to the trade being tested, and have at least twenty-four consecutive years of work experience in that trade from the time of obtaining the certificate or diploma;

e) Hold a Level 1 vocational skill certificate or a初级工证书、职业资格证书或技术工人证书，与所报考的工种相符合，并自取得该证书之日起至少有二十七年的连续从事该工种的工作经验。

Article 7. Issuing Vocational Skill Certificates and Organizing Assessment to Upgrade Skill Levels

The Minister of National Defense shall stipulate the issuance, reissuance, revocation, or recovery of vocational skill certificates for defense workers; the content and methods for organizing assessments to upgrade their skill levels.

Article 8. Conditions for Exemption from Assessment and Recognition of Skill Level Upgrades

1. Defense workers who have participated in world-level or ASEAN-level vocational skills competitions and won medals shall be exempted from assessment, and their current skill level may be upgraded by one level compared to their current skill level.

2. Defense workers who have participated in national vocational skills competitions and won medals, or those who have participated in army-wide master craftsmen competitions and won third place or higher shall be exempted from assessment, and their skill level may be recognized for upgrade one year ahead of schedule.

3. Defense workers who have participated in army-wide master craftsmen competitions and been recognized as master craftsmen, or those who have participated in master craftsmen competitions organized by affiliated units under the Ministry of National Defense and won third place or higher shall be exempted from assessment, and their vocational skill certificate may be issued when they reach the next skill level upgrade period.

4. The Minister of National Defense shall stipulate cases where defense workers, during the period they hold a certain skill level, if they excel in their duties, may be exempted from assessment and their vocational skill certificate may be issued when they reach the next skill level upgrade period.

Article 9. Conditions for Changing Trades for Defense Workers in the Military

Defense workers currently working in positions selected or recruited into the military, who wish to change trades, must meet the following conditions:

1. Hold a certificate of the current skill level in their current trade;

2. Have at least three consecutive years of work experience in the trade they wish to change to, up to level 2, or five years for changes from level 3 or higher;

3. Achieve the required results in the assessment for upgrading the skill level.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decree takes effect from July 1, 2016.

Article 11. Responsibility for Implementation

1. The Minister of National Defense is responsible for detailing the provisions assigned in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./