Integrated document No. 5213/VBHN-BLDTBXH dated December 11, 2018 Decree on guidelines for the Law on Employment regarding assessment and grant of certificates of national occupational skills

DECREE

ON GUIDELINES FOR THE LAW ON EMPLOYMENT REGARDING ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Decree No. 31/2015/ND-CP dated March 24, 2015 of the Government on guidelines for the Law on Employment regarding assessment and grant of certificates of national occupational skills, coming into force as of May 15, 2015, amended by:

Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

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

Pursuant to the Law on Employment dated November 16, 2013;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates a Decree on guidelines for the Law on Employment regarding assessment and grant of certificates of national occupational skills1;

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree details the implementation of Clause 4, Article 31, and Clause 2, Article 35, of the Law on Employment regarding the conditions, organization and activities of the assessment and grant of certificates of national occupational skills and the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required.

2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree regarding assessment and grant of certificates or certification of skill levels or capability for employees, that treaty must prevail.

3. For jobs directly affecting the safety and health of employees or the community in the sectors or occupations for which a professional practice certificate or license is required by other current laws, those laws and this Decree must apply.

Article 2. Regulated entities

1. Occupational skills assessment organizations; employees participating in the assessment and grant of certificates of national occupational skills.

2. Employers of employees doing jobs on the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required.

3. Other agencies, organizations and persons involved in the implementation of this Decree.

Chapter II

CONDITIONS, ORGANIZATION AND ACTIVITIES OF ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Section I. CONDITIONS, COMPETENCE, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES OF OPERATION IN ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Article 3. Conditions for grant of certificates of operation in assessment and grant of certificates of national occupational skills

To be granted a certificate of operation in assessment and grant of certificates of national occupational skills, an organization must satisfy the following conditions:

1. Physical foundations, facilities and equipment:

a) To have physical foundations (professional and technical sections, workshops and ground area) and facilities and equipment (vehicles, equipment, devices and tools for professional practice and measuring and inspection devices) according to the list of physical foundations, facilities and equipment for national occupational skills assessment for each occupation promulgated by the Ministry of Labor, War Invalids and Social Affairs, corresponding to the number of participants in the assessment and grant of certificates of national occupational skills (below referred to as participants) in an exam of professional and technical knowledge (below referred to as knowledge exam) or exam of practice skills the occupational safety and hygiene process (below referred to as practice exam) at a certain level of skills of each occupation held at a certain point of time;

b) To have an internet-connected system of video and audio observation and monitoring devices to ensure the observation, monitoring and supervision of all activities during knowledge and practice exams;

c) To have a website to enable employees to register online their participation in the assessment and grant of certificates of national occupational skills.

2.2 Regarding personnel directly assessing occupational skills of participants:

There must be at least 01 (one) person who is working full time at an occupational skill assessment organization, have an occupational skill assessor card (hereinafter referred to as “the assessor card”) in accordance with the occupation and occupational skill level that are covered by the certificate applied for.

Article 4. Certificate of eligibility for provision of assessment service, and issuance of the certificate of national occupational skills

1. A certificate of eligibility for provision of assessment service, and issuance of the certificate of national occupational skills (below referred to as certificate) must specify names of occupations and levels of skills of each occupation for assessment and grant of certificates of national occupational skills.

2. The Minister of Labor, War Invalids and Social Affairs shall promulgate the forms of the certificate and documents of the application for a certificate.

Article 5. Competence to grant certificates

The Ministry of Labor, War Invalids and Social Affairs is competent to grant, renew, supplement and re-grant certificates and suspend operation and revoke granted certificates.

Article 6. Application and procedures for issuance, reissuance, replacement and adjustment to the certificate of eligibility for provision of assessment service, and issuance of the certificate of national occupational skills3

1. Composition of an application

a) An application for issuance of the certificate includes:

- An application form;

- An establishment decision issued by the competent authority;

- Documentary evidences for fulfillment of the conditions specified in Article 3 of this Decree.

b) An application for reissuance of the certificate includes:

If the certificate is damaged, too old or lost, an application for reissuance of the certificate includes:

- An application form;

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

c) An application for replacement or adjustment to the certificate includes:

In the case of change of name of the occupation or occupational skill level or change of name or address of the headquarters of the occupational skill assessment organization specified in the issued certificate, an application for replacement of the certificate includes:

- An application form;

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

- Documents concerning the change(s).  In the case of addition of occupation or occupational skill level, it is required to submit documentary evidences for fulfillment of the conditions for infrastructure, equipment and personnel directly assessing occupational skills prescribed in Article 3 of this Decree.

2. Procedures:

- The organization that wishes to apply for issuance, reissuance or replacement of the certificate shall prepare and submit an application as prescribed in Points a, b or c Clause 1 of this Article to the Ministry of Labor, War Invalids and Social Affairs (through the General Department of Vocational Education), whether through online public service web portal or by post. If the application is submitted directly or by post, the documents in the application must be originals or certified true copies.  If the application is submitted through online public service web portal, regulations of the law on e-transaction shall be complied with;

- Within 10 working days from the receipt of the application, the competent authority shall inspect it and issue, reissue or replace the certificate. If the application is rejected, a response and explanation must be provided in writing.

Article 7.4(annulled)

Article 8. Suspension from operation or revocation of certificates

1. An occupational skills assessment organization shall be suspended from operation for up to 6 (six) months in the following cases:

a) It fails to satisfy one of the conditions prescribed in Article 3 of this Decree right before conducting the assessment and grant of certificates of national occupational skills;

b) It loses results of knowledge or practice exams of participants or fails to keep these results as prescribed by the law on archives.

2. An occupational skills assessment organization shall have its certificate revoked in the following cases:

a) It tampers with documents in the application for the certificate;

b) It intervenes to distort results of knowledge or practice exams of participants;

c) It makes false results of knowledge or practice exams, or requests the grant of certificates of national occupational skills, for persons who do not sit exams;

d) It fails to carry out activities of assessment and grant of certificates of national occupational skills within 24 months after obtaining the certificate;

dd) Although the operation suspension period has elapsed, it fails to implement remedial measures or its remedial measures fail to meet requirements of competent agencies;

e) It is merged or consolidated into another organization; it is dissolved, falls bankrupt or terminates operation as prescribed by law.

3. Within 10 working days after detecting a violation prescribed in Clause 1 or 2 of this Article, the Ministry of Labor, War Invalids and Social Affairs shall decide to suspend operation or revoke the granted certificate.

4. Within 30 days after being suspended from operation or having its certificate revoked, an occupational skills assessment organization shall settle benefits of and obligations toward related organizations and persons.

Article 9. Notification of grant of certificates

Within 3 (three) working days after granting or re-granting a certificate, suspending operation, or revoking a certificate, the Ministry of Labor, War Invalids and Social Affairs shall publish on its website information on occupational skills assessment organizations which have been granted or re-granted certificates, suspended from operation and have their certificates revoked.

Article 10. Rights and obligations of occupational skills assessment organizations

1. Rights of an occupational skills assessment organization:

a) To hold mock exams using knowledge and practice questions of previous exams of national occupational skills assessment at the request of employees;

b) To cooperate with other organizations in accordance with law to ensure physical foundations, facilities and equipment for the assessment and grant of certificates of national occupational skills;

c) To collect charges at market rates for rent of devices and equipment and for supplies, materials and fuel provided to participants for use in exams;

d) To participate in activities of international cooperation on assessment and grant of certificates of national occupational skills in accordance with law.

2. Obligations of an occupational skills assessment organization:

a) To plan and organize the assessment and grant of certificates of national occupational skills for each occupation and each level of skills; to publish on its website information on the assessment and grant of certificates of national occupational skills and take responsibility for such information;

b) To receive and manage employees’ applications for participation in the assessment and grant of certificates of national occupational skills;

c) To prepare sufficient supplies, materials and fuel corresponding to the number of participants in each exam of national occupational skills assessment for each occupation and level of skills;

d) To set up examiner boards and enable these boards and supervision teams to perform their tasks;

dd) To ensure safety and coordinate with related organizations and persons in dealing with incidents occurring in the assessment and grant of certificates of national occupational skills;

e) To provide devices and equipment allowed to be used in doing tests for participants who want to borrow or hire them, and publicize their rent rates;

g) To send by post or directly certificates of national occupational skills granted by the competent agency prescribed in Clause 2, Article 26 of this Decree to successful participants; to keep participants’ applications and results of assessment of national occupational skills in accordance with the law on archives;

h) To comply with reporting regulations and make biannual, annual and irregular reports under the guidance of the Ministry of Labor, War Invalids and Social Affairs;

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

Section 2. CONDITIONS, COMPETENCE, ORDER AND PROCEDURES FOR RECOGNITION AND GRANT OF ASSESSOR CARDS

Article 11. Conditions for grant of assessor cards

1. A person may be granted an assessor card when fully meeting the following conditions:

a) Having full civil act capacity;

b) Satisfying one of the conditions on levels of skills, professional qualifications and experience prescribed in Clauses 2, 3, 4, 5 and 6 of this Article;

c) Having completed a training course on national occupational skills assessment.

2. To be granted an assessor card of level 1, a person must satisfy one of the following conditions on skills, qualifications and experience:

a) Being a recognized national artisan in that occupation;

b) Possessing a certificate of national occupational skills of level 3 or higher in that occupation, or possessing a certificate of national occupational skills of level 2 in that occupation and having worked in that occupation for at least 2 (two) years since obtaining the certificate;

c) Holding a college degree or higher in a discipline relevant to that occupation and having worked in that occupation for at least 2 (two) years after graduation and currently engaging in training at intermediate or higher level or working at a health establishment or an enterprise.

3. To be granted an assessor card of level 1 or level 2, a person must satisfy one of the following conditions on skills, qualifications and experience:

a) Being a recognized national artisan in that occupation;

b) Possessing a certificate of national occupational skills of level 3 or higher in that occupation, or possessing a certificate of national occupational skills of level 2 in that occupation and having worked in that occupation for at least 5 (five) years since obtaining the certificate;

c) Holding a college or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 5 (five) years after graduation and currently engaging in training at intermediate or higher level or working at a health establishment or an enterprise.

4. To be granted an assessor card from level 1 to level 3, a person must satisfy one of the following conditions on skills, qualifications and experience:

a) Being a recognized national artisan in that occupation;

b) Possessing a certificate of national occupational skills of level 4 or higher in that occupation, or possessing a certificate of national occupational skills of level 3 in that occupation and having worked in that occupation for at least 2 (two) years since obtaining the certificate;

c) Holding a tertiary or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 5 (five) years after graduation and currently engaging in training at college or higher level or working as a manager or supervisor at a health establishment or an enterprise.

5. To be granted an assessor card from level 1 to level 4, a person must satisfy one of the following conditions on skills, qualifications and experience:

a) Possessing a certificate of national occupational skills of level 5 in that occupation, or possessing a certificate of national occupational skills of level 4 in that occupation and having worked in that occupation for at least 3 (three) years since obtaining the certificate;

b) Holding a tertiary or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 10 (ten) years after graduation and currently engaging in teaming at college or higher level or working as a manager or supervisor at a health establishment or an enterprise.

6. To be granted an assessor card from level 1 to level 5, a person must satisfy one of the following conditions on skills, qualifications and experience:

a) Possessing a certificate of national occupational skills of level 5 in that occupation and having worked in that occupation for at least 3 (three) years since obtaining the certificate;

b) Holding a tertiary or higher degree in a discipline relevant to that occupation and having worked in that occupation for at least 15 (fifteen) years after graduation and currently engaging in training at college or higher level or working as a manager or supervisor at a health establishment or an enterprise.

7. The period of working in an occupation shall be determined based on the written labor contract between employee and employer as prescribed by the labor law.

Article 12. National occupational skill assessor card5

1. An assessor card must clearly specify occupation name and occupational skill level covered by the assessment. The Ministry of Labor, War Invalids and Social Affairs shall specify the form of assessor card and documents in the application for issuance of the assessor card; organize the design of national occupation skill training programs and documents and organize the provision of training to serve issuance of assessor card.

2. Within 03 (three) working days from the assessor card is issued, reissued, replaced, invalidated or revoked, the General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as “the General Department of Vocational Education”) shall publish the list of persons who is issued or reissued with the assessor card or whose assessor card is replaced, invalidated or revoked.”

Article 13. Application and procedures for issuance, reissuance or replacement of the assessor card6

1. Composition of an application

a) An application for issuance of the assessor card includes:

- An application form enclosed with 01 (one) 3x4 color picture;

- One (01) set of documentary evidences for fulfillment of the conditions specified in Article 11 of this Decree;

b) An application for reissuance of the assessor card includes:

If the assessor is damaged, too old or lost, an application for reissuance includes:

- An application form enclosed with 01 (one) 3x4 color picture;

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

c) An application for replacement of the assessor card includes:

In the case of any change to the level of occupational skill to be assessed, an application for replacement includes:

- An application form enclosed with 01 (one) 3x4 color picture;

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

- Documentary evidences for fulfillment of the conditions for issuance of the assessor card prescribed in Article 11 of this Article.

2. Procedures:

- The applicant for issuance, reissuance or replacement of the assessor card shall prepare  and submit an application as prescribed in Points a, b or c Clause 1 of this Article to the General Department of Vocational Education, whether through online public service web portal or by post. If the application is submitted directly or by post, the documents in the application must be originals or certified true copies. If the application is submitted through online public service web portal, regulations of the law on e-transaction shall be complied with;- Within 07 (seven) working days from the receipt of the application, the General Department of Vocational Education shall inspect it and issue, reissue or replace the assessor card. If the application is rejected, a response and explanation must be provided in writing. 

Article 14.7(annulled)

Article 15. Cancellation and revocation of assessor cards

1. An assessor card shall be cancelled when its holder quits his/her job or shifts to another job irrelevant for assessment of national occupational skills.

2. An assessor card shall be revoked when its holder commits either of the following violations:

a) Tampering with documents in the application for the assessor card;

b) Failing to comply with the process for assessment and grant of certificates of national occupational skills promulgated by the Ministry of Labor, War Invalids and Social Affairs when assessing employees’ professional and technical knowledge and practice skills and observance of the occupational safety and hygiene process.

3. Within 15 working days after learning that an assessor card holder who has quitted his/her job or shifted to another irrelevant job still participates in the assessment of national occupational skills or that an assessor card holder violates Clause 2 of this Article, General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs8 shall issue a decision to cancel or revoke the assessor card and notify such to the employer or the place of residence of the assessor.

4. When a decision canceling or revoking an assessor card is issued, the card holder shall return the card to the occupational skills assessment organization or the occupational skills assessment organization shall recall the card and return it to the agency having granted the assessor card.

5. A violating assessor card holder who is a cadre, civil servant or public employee shall be handled in accordance with the laws on cadres, civil servants and public employees.

Section 3. CONDITIONS, ORDER AND PROCEDURES FOR REGISTRATION OF PARTICIPATION IN ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Article 16. Conditions for participation in assessment and grant of certificates of national occupational skills

1. Any employee may participate in the assessment and grant of certificates of national occupational skills of level 1 of an occupation.

2. To participate in the assessment and grant of certificates of national occupational skills of level 2 of an occupation, an employee must satisfy one of the following conditions:

a) Possessing a certificate of national occupational skills of level 1 or basic-level certificate corresponding to that occupation and having worked in that occupation for at least 2 (two) years since obtaining such certificate;

b) Having completed an intermediate-level (intermediate vocational, professional secondary) training program corresponding to the occupation to be assessed;

c) Having worked in that occupation for at least 3 (three) consecutive years.

3. To participate in the assessment and grant of certificates of national occupational skills of level 3 of an occupation, an employee must satisfy one of the following conditions:

a) Possessing a certificate of national occupational skills of level 2 or intermediate-level (intermediate vocational, professional secondary, occupational or technical employee) diploma corresponding to that occupation and having worked in that occupation for at least 2 (two) consecutive years since obtaining such certificate or diploma;

b) Possessing a certificate of national occupational skills of level 1 or basic-level certificate corresponding to that occupation and having worked in that occupation for at least 5 (five) consecutive years since obtaining such certificate;

c) Having completed a college-level (vocational college) training program corresponding to that occupation;

d) Having worked in that occupation for at least 6 (six) consecutive years.

4. To participate in the assessment and grant of certificates of national occupational skills of level 4 of an occupation, an employee must satisfy one of the following conditions:

a) Possessing a certificate of national occupational skills of level 3 or college-level (vocational college) diploma corresponding to that occupation and having worked in that occupation for at least 3 (three) consecutive years since obtaining such certificate or diploma;

b) Possessing a certificate of national occupational skills of level 2 or intermediate-level (intermediate vocational, professional secondary, occupational or technical employee) diploma corresponding to that occupation and having worked in that occupation for at least 6 (six) consecutive years since obtaining such certificate or diploma;

c) Possessing a certificate of national occupational skills of level 1 or basic-level certificate coresponding to that occupation and having worked in that occupation for at least 9 (nine) consecutive years since obtaining such certificate;

d) Having completed a tertiary training program corresponding to that occupation;

dd) Having worked in that occupation for at least 10 (ten) consecutive years.

5. To participate in the assessment and grant of certificates of national occupational skills of level 5 of an occupation, an employee must satisfy one of the following conditions:

a) Possessing a certificate of national occupational skills of level 4 or tertiary diploma corresponding to that occupation and having worked in that occupation for at least 5 (five) consecutive years since obtaining such certificate or diploma;

b) Possessing a certificate of national occupational skills of level 3 or college-level (vocational college) diploma corresponding to that occupation and having worked in that occupation for at least 9 (nine) consecutive years since obtaining such certificate or diploma;

c) Possessing a certificate of national occupational skills of level 2 or intermediate-level (intermediate vocational, professional secondary, occupational or technical employee) diploma corresponding to that occupation and having worked in that occupation for at least 12 (twelve) consecutive years since obtaining such certificate or diploma;

d) Possessing a certificate of national occupational skills of level 1 or basic-level certificate corresponding to that occupation and having worked in that occupation for at least 14 (fourteen) consecutive years since obtaining such certificate;

dd) Holding a tertiary diploma corresponding to that occupation and having worked in that occupation for at least 3 (three) consecutive years since obtaining such diploma;

e) Having worked in that occupation for at least 15 (fifteen) consecutive years.

6. The period of working in an occupation shall be determined through the written labor contract between employee and employer in accordance with the labor law or certified by the commune-level People’s Committee of the place of residence, for cases of self-employment.

Article 17. Procedures and applications for participation in assessment and grant of certificates of national occupational skills

1. An employee’s participation in the assessment and grant of certificates of national occupational skills shall be registered as follows:

a) An employee shall select an occupational skills assessment organization to make online or direct registration at such organization or send an application by post to such organization;

b) An employer may make registration for their current employees or create conditions for them to make registration;

c) An occupational skills assessment organization shall examine and compare applicants’ conditions for participation in the assessment and grant of certificates of national occupational skills at different levels before conducting the assessment of national occupational skills.

2. An application for participation must comprise:

a) A written registration for participation with a photo of the employee and full information as required;

b) One (1) copy of any of the papers proving satisfaction of one of the conditions prescribed in Article 16 of this Decree.

3. The Minister of Labor, War Invalids and Social Affairs shall specifically stipulate the registration for participation and application prescribed in this Article.

Article 18. Condition for recognition of equivalence or exemption from national occupational skills assessment

1. A person who has won a medal at a world vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 3 in the occupation in which he/she has won the medal.

2. A person who wins a medal at an ASEAN vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 2 in the occupation in which he/she has won the medal.  If this person participates in the assessment and grant of certificates of national occupational skills of level 3 in the occupation in which he/she has won the medal, he/she is entitled to exemption from the exam of practice skills and observance of the occupational safety and hygiene process.

3. A person who has won the first, second or third prize at a national vocational skills competition is entitled to recognition and grant of a certificate of national occupational skills of level 2 in the occupation in which he/she has won the prize.

Section 4. ORGANIZATION AND MANAGEMENT OF ACTIVITIES OF ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS

Article 19. Organization of assessment and grant of certificates of national occupational skills

The assessment of national occupational skills for participants at each level for each occupation must comply with the principles and contents prescribed in Article 30 of the Law on Employment and shall be conducted periodically in a year according to the schedule announced by the Ministry of Labor, War Invalids and Social Affairs in late December of the previous year, specifically as follows:

1. For occupational skills of level 3 or higher, to conduct the assessment 4 (four) times a year.

2. For occupational skills of levels 1 and 2, to conduct the assessment many times a year.

Article 20. Methods of national occupational skills assessment

1. For each level of an occupation, the head of an occupational skills assessment organization shall set up an examiner board to assess occupational skills of participants.  The criteria and number of members, composition and tasks of the examiner board must comply with the following provisions:

a) Members of the examiner board are persons having obtained an assessor card under this Decree;

b) The number of the board members depends on the requirement for each level of an occupation and the number of participants in the national occupational skills assessment but must be at least 3 (three);

c) The examiner board shall be composed of the head and members and must include official staff members of the occupational skills assessment organization; and persons from enterprises or professional associations; and vocational education institutions, tertiary education institutions or science and technology organizations. The number of official staff members of the occupational skills assessment organization must not exceed one-third of the number of the examiner board members;

d) The examiner board shall assess participants’ professional and technical knowledge and practice skills and observance of the occupational safety and hygiene process under the guidance of the Minister of Labor, War Invalids and Social Affairs and perform other tasks in accordance with this Decree.

2. For each level of skills of an occupation, professional and technical knowledge of participants shall be assessed through tests in one of the following forms:

a) Test on paper or in computer with true or false questions;

b) Test on paper or in computer with true or false and multiple-choice questions;

c) Test on paper or in computer with multiple-choice questions;

d) Test on paper or in computer with multiple-choice questions combined with test on paper with open-ended questions;

dd) Test on paper with open-ended questions.

3. For each level of skills of an occupation, practice skills and observance of the occupational safety and hygiene process of participants shall be assessed through practice tests in one of the following forms:

a) Test of job performance through manipulations on vehicles, devices and tools;

b) Test of job performance through professional operations on paper to handle different circumstances;

c) Test of job performance through manipulations on vehicles, devices and tools combined with test of job performance through professional operations on paper to handle different circumstances.

4. Based on criteria of national occupational skills for announced occupations, the General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs9 shall compile knowledge and practice tests prescribed in Clauses 2 and 3 of this Article by level of each occupation; manage and establish an exam question bank for supply to occupational skills assessment organizations in national occupational skills assessments.

Article 21. Process of assessment and grant of certificates of national occupational skills

The assessment and grant of certificates of national occupational skills to participants shall be conducted as follows:

1. Planning and preparing conditions for organization of national occupational skills assessment exams;

2. Assessing professional and technical knowledge; assessing practice skills and observance of the occupational safety and hygiene process of participants according to levels of skills of each occupation;

3. Supervising the assessment and grant of certificates of national occupational skills;

4. Recognizing assessment results, granting certificates of national occupational skills to successful participants;

5. The Ministry of Labor, War Invalids and Social Affairs shall stipulate in detail the process of assessment and grant of certificates of national occupational skills prescribed in this Article.

Article 22. Supervision of assessment and grant of certificates of national occupational skills

1.10 The General Department of Vocational Education shall decide to establish supervisory teams responsible for supervising national occupational skill assessment tests organized at each occupational skill assessment organization.

2. A supervision team must have at least 3 (three) members, including the head, who must have an assessor card or professional qualifications and experience in the concerned occupation and are nominated by trade unions, professional associations or enterprises.

3. A supervision team has the following tasks and powers:

a) To supervise activities of the examiner board when assessing professional and technical knowledge; practice skills and observance of the occupational safety and hygiene process of participants according to levels of skills of that occupation;

b) Members of the supervision team shall work independently when performing their supervision tasks and may not intervene in activities of the examiner board;

c) When detecting a violation by a member of the examiner board, to make a record and propose a competent agency to handle according to the rules in the process of assessment and grant of certificates of national occupational skills promulgated by the Ministry of Labor, War Invalids and Social Affairs;

d) After the national occupational skills assessment is completed, to report on supervision results to the agency competent to establish the supervision team.

Article 23. Handling of force majeure events occurring in the assessment and grant of certificates of national occupational skills

When an occupational skills assessment organization has to stop a national occupational skills assessment that has just started or participants have to stop doing the knowledge or practice test due to the occurrence of a force majeure event such as typhoon, flood, fire, explosion or another incident, such organization shall:

“1.11 Send a notification of postponement of the national occupational skill assessment test that is being conducted to the General Department of Vocational Education;

2. Notify each participant of the time for reorganizing the national occupational skills assessment;

3. Refund according to Article 25 of this Decree the amounts of money already paid for hiring tools and devices and purchasing supplies, materials and fuel to participants who do not wish to participate in the reorganized national occupational skills assessment.

Article 24. Handling of violations of participants in the assessment and grant of certificates of national occupational skills

1. The examiner board shall make a written record of and handle according to regulations any participant who, when doing the knowledge or practice test, violates the rules in the process for assessment and grant of certificates of national occupational skills promulgated by the Ministry of Labor, War Invalids and Social Affairs.

2. When doing the knowledge or practice test, any participant who intentionally damages or destroys vehicles, devices or tools for practice, measuring and inspection, or materials and supplies shall, in addition to having his/her violation recorded in writing and being handled by the examiner board according to the rules in the process of assessment and grant of certificates of national occupational skills, pay damages and be administratively or criminally handled in accordance with law.

Article 25. Refund to participants

Participants who have paid to an occupational skills assessment organization amounts of money for hiring tools and devices and purchasing supplies, materials and fuel but have not used them shall be refunded such amounts as follows:

1. In case assessment activities must be stopped due to an incident caused by the occupational skills assessment organization, participants who do not wish to participate in the reorganized national occupational skills assessment after postponement shall be refunded by the occupational skills assessment organization the paid amounts corresponding to the value of the unused quantities of hired tools and devices and purchased supplies, materials and fuel.

2. case assessment activities must be stopped due to a force majeure event such as storm, flood, fire or explosion, participants who do not wish to participate in the reorganized national occupational skills assessment after postponement shall be refunded by the occupational skills assessment organization the paid amount equal to 50% of the value of the unused quantities of hired tools and devices and purchased supplies, materials and fuel.

Article 26. Issuance of the national occupational skill certificate12

1. According to the record and consolidated result of the theory and practice tests prepared by the board of examiners, and supervision record prepared by the supervisory team, the occupational skill assessment organization shall decide to recognize the assessment result given by the board of examiners, prepare an application for issuance of the national occupational skill to the candidates who have passed the test and submit it to the General Department of Vocational Education.

2. The General Department of Vocational Education shall consider the application for issuance of the national occupational skill certificate to the candidates who have passed the test and application for reissuance of the national occupational skill certificate; issue the certificate; provide a written response and explanation if the application is rejected; recognize and issue the national occupational skill certificate to the persons mentioned in Article 18 of this Decree; publish the list of persons who is issued or reissued with the national occupational skill certificate or has his/her national occupational skill certificate revoked; collect, manage and use the fees for applying for issuance of the certificate under the guidance of the Ministry of Finance.

3. The Ministry of Labor, War Invalids and Social Affairs shall specify the form of the national occupational skill certificate; application and procedures for issuance and reissuance of the national occupational skill certificate; revocation of the national occupational skill certificate.

Article 27. Archives regime

1. Documents on occupational skills assessment results of participants; written records, lists of successful participants proposed for recognition; and lists of participants having obtained certificates of national occupational skills shall be kept at occupational skills assessment organizations according to regulations.

2. Documents related to the assessment and grant of certificates of national occupational skills to successful participants shall be preserved, kept and destroyed in accordance with the law on archives.

Chapter III

JOBS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF EMPLOYEES OR THE COMMUNITY FOR WHICH A CERTIFICATE OF NATIONAL OCCUPATIONAL SKILLS IS REQUIRED

Article 28. List of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required

1. Jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required include:

a) Those on the lists of particularly hard, hazardous and dangerous jobs;

b) Jobs, when performed, will directly affect the safety of the community or health of other persons!

2. The proposal, change, removal and addition of jobs to the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required shall be made according to the following principles:

a) To select jobs prescribed in Clause 1 of this Article for inclusion in the list according to a roadmap in order to ensure feasible implementation, and limitation of impacts on employees and employers and disruption of activities of enterprises and the society;

b) To propose change or removal of listed jobs when those jobs change their names or no longer exist.

3. The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required shall be arranged according to the current system of economic industries of Vietnam.

4. The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required are specified in the Appendix to this Decree.

Article 29. Proposal of change, removal and addition of jobs on the list of jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required

1. Annually, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall, within the ambit of their functions and powers, direct agencies and organizations under their management in considering and proposing the change, removal and addition of jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required, and send them to the Ministry of Labor, War Invalids and Social Affairs for summarization.

2. The Ministry of Labor, War Invalids and Social Affairs shall summarize and coordinate with ministries, sectors, socio-political organizations, socio-politico-professional organizations and professional general associations, associations and societies in considering proposals of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to change, remove and add jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required, and submit them to the Government.

Article 30. Time of application

The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required prescribed in Article 28 of this Decree shall be made as follows:

1. Within 1 (one) year after the effective date of this Decree, the agencies prescribed in Clauses 2 and 3, Article 32 of the Law on Employment shall organize the establishment, appraisal and announcement of national occupational skills standards for occupations involving jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree.

2. Within 3 (three) years after the effective date of this Decree:

a) The Ministry of Labor, War Invalids and Social Affairs shall organize the assessment and grant of certificates of national occupational skills for employees doing jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree;

b) Employers hiring or employing employees under contracts to perform jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree shall create conditions for employees to participate in the assessment and grant of certificates of national occupational skills; or create conditions for them to attend training courses to improve professional and technical knowledge, practice skills and observance of the occupational safety and hygiene process for participation in the assessment and grant of certificates of national occupational skills; or create conditions for them to attend training courses to find new jobs.

Chapter IV

IMPLEMENTATION

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

The Ministry of Labor, War Invalids and Social Affairs shall assist the Government in performing the uniform state management of assessment and grant of certificates of national occupational skills nationwide, having the responsibilities:

1. Assume the prime responsibility for, and coordinate with related agencies in, elaborating and promulgating according to its competence or proposing competent agencies to promulgate legal documents on state management of activities of assessment and grant of certificates of national occupational skills;

2. Elaborate, promulgate, and organize the implementation of, master plans and plans on development of the assessment and grant of certificates of national occupational skills;

3. Manage and organize scientific research and technology application in activities of assessment and grant of certificates of national occupational skills; to establish and promulgate standards and technical regulations, professional process guidelines and a regulation on operation of occupational skills assessment organizations; to implement information, reporting and statistical regulations and promulgate uniform forms for use in the assessment and grant of certificates of national occupational skills;

4. Review, add and update promulgated national occupational skills standards to adjust knowledge and practice tests for occupations in conformity with national occupational skills standards;

5. Assume the prime responsibility for, and coordinate with related agencies in, effectively associating training, development and assessment and recognition of certificates of national occupational skills with the labor market and participation of enterprises to meet the demand of each sector, locality and the country for skilled human resources;

6. Build, manage, make statistics of and update a national database on assessment and grant of certificates of national occupational skills;

7. Direct, organize and inspect activities of assessment and grant of certificates of national occupational skills;

8. Manage international cooperation in the assessment and grant of certificates of national occupational skills; to negotiate and sign bilateral and multilateral agreements on recognition of equivalence of occupational skills between Vietnam and other countries according to its competence;

9. Inspect, examine and settle complaints and denunciations and handle violations of law in activities of assessment and grant of certificates of national occupational skills according to its competence;

10. Perform other tasks as prescribed in this Decree.

Article 32. Responsibilities of ministries, ministerial-level agencies and governmental agencies

Within the ambit of their powers, ministries, ministerial-level agencies and governmental agencies shall:

1. Make and propose a list of jobs directly affecting the safety and health of employees or the community for which a license or professional practice certificate is required as prescribed by current laws and organize occupational skills assessments for those jobs;

2. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in performing the state management of assessment and grant of certificates of national occupational skills;

3. Organize the elaboration of national occupational skills standards for occupations involving jobs on the list of jobs directly affecting the safety and health of employees and the community according to Articles 28 and 29 of this Decree and propose the Ministry of Labor, War Invalids and Social Affairs to appraise and announce such list according to Article 32 of the Law on Employment;

4. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in preparing knowledge and practice tests for each level of skills of each occupation and the list of physical foundations and equipment for national occupational skills assessment for each occupation to be used in the assessment and grant of certificates of national occupational skills in accordance with this Decree;

5. Perform other tasks as prescribed in this Decree.

Article 33. Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees shall perform the state management of assessment and grant of certificates of national occupational skills within the ambit of their powers, having the responsibilities:

1. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in organizing the assessment and grant of certificates of national occupational skills for employees in their provinces;

2. Direct, examine and inspect the assessment and grant of certificates of national occupational skills in their localities in accordance with law;

3. Perform other tasks as prescribed in this Decree.

Article 34. Responsibilities for coordination in state management of assessment and grant of certificates of national occupational skills

The Ministry of Labor, War Invalids and Social Affairs shall coordinate with socio-political organizations, socio-politico-professional organizations and professional associations and societies in organizing the examination and supervision of the assessment and grant of certificates of national occupational skills and encouraging employees to regularly study to improve their occupational qualifications and skills.

Article 35. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments

Provincial-level Labor, War Invalids and Social Affairs Departments shall assist provincial- level People’s Committees in performing the state management of assessment and grant of certificates of national occupational skills in their provinces.

Chapter V

IMPLEMENTATION PROVISIONS

Article 36. Grandfather clause

1. Within 2 (two) years after the effective date of this Decree, occupational skills assessment organizations having obtained a certificate of a center for assessment and grant of certificates of national occupational skills before the effective date of this Decree shall carry out procedures for re-grant of certificates in accordance with this Decree.

2. Certificates of national occupational skills granted to employees participating in the assessment and grant of certificates of national occupational skills before the effective date of this Decree remain valid.

3. Persons who have obtained a certificate of national occupational skills before the effective date of this Decree may apply for change to a certificate of national occupational skills prescribed in this Decree according to the guidance of the Ministry of Labor, War Invalids and Social Affairs.

Article 37. Entry in force13

This Decree comes into force as of May 15, 2015.

Article 38. Implementation responsibilities

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of points, clauses and articles as assigned in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of agencies and organizations and related persons shall implement this Decree./.

APPENDIX

LIST OF JOBS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF EMPLOYEES OR THE COMMUNITY FOR WHICH A CERTIFICATE OF NATIONAL OCCUPATIONAL SKILLS IS REQUIRED
(Issued together with Decree No. 31/2015/ND-CP dated March 24, 2015 of the Government on guidelines for the Law on Employment regarding assessment and grant of certificates of national occupational skills).

1 Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs has the following legal bases:

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

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Law on Drug Abuse Prevention and Control 2000; Law on Amendments to some Articles of the Law on Drug Abuse Prevention and Control 2008;

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to the Law on Investment dated November 26, 2014 and the Law on amendments to Article 6 and Appendix 4 on the list of business lines subject to conditions stipulated in the Law on Investment dated November 22, 2016;

Pursuant to the Ordinance on Prostitution Prevention and Control 2003;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government hereby promulgates a Circular on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs.”

2 This clause is amended by clause 1 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

3 This clause is amended by clause 2 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

4 This clause is amended by Article 4 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

5 This clause is amended by clause 3 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

6 This clause is amended by clause 4 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

7 This clause is annulled by Article 4 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

8 The phrase “Bộ Lao động - Thương binh và Xã hội” (“The Ministry of Labor, War Invalids and Social Affairs”) is replaced with “Tổng cục Giáo dục nghề nghiệp thuộc Bộ Lao động - Thương binh và Xã hội” (“The General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs”) as prescribed in clause 8 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

9 The phrase “Bộ Lao động - Thương binh và Xã hội” (“The Ministry of Labor, War Invalids and Social Affairs”) is replaced with “Tổng cục Giáo dục nghề nghiệp thuộc Bộ Lao động - Thương binh và Xã hội” (“The General Department of Vocational Education affiliated to the Ministry of Labor, War Invalids and Social Affairs”) as prescribed in clause 8 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

10 This clause is amended by clause 5 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

11 This clause is amended by clause 6 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

12 This clause is amended by clause 7 Article 3 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018.

13 Article 19 of the Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs, coming into force as of October 8, 2018 reads as follows:

“Article 19. Entry into force and implementation

1. This Decree comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People's Committees of provinces and central-affiliated cities shall provide guidelines and implement this Decree./.”