Amending provision on assessment and grant of certificates of national occupational skills

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 On September 1, 2021, the Government published a draft amending and supplementing a number of articles Decree No. 31/2015/NĐ-CP detailing several articles of the Law on employment regarding assessment and grant of certificates of national occupational skills was issued on March 24, 2015, and took effect from May 15 2016 (hereinafter referred to as “Draft”) for the purpose of enhancing the standardization and development of occupational skills of employees, promoting the development of skilled human resources, especially highly skilled human resources to help raise the level of Vietnamese labor skills, contributing to improve labor productivity and increase national competitiveness. This Draft focuses on the following amendments and supplements:

Firstly, the Draft supplemented the definition and classification of certificates of national occupational skills. Accordingly, the definition of the certificates of national occupational skills as a certification that a worker is capable of performing satisfactory jobs at a skill level of a profession, this certificate has valid nationwide and classified according to five levels from level I to level V;

Secondly, the Draft adjusted the conditions for facilities, equipment, and human resources to register for the certificate of assessment activities and issue certificates of national occupational skills. Accordingly, organizations that are granted certificates of national occupational skills must ensure the conditions of facilities and equipment according to the list of facilities and equipment for national occupational skills assessment for each occupation specified at exam question bank approved by the competent authority.

The Draft also stipulates the composition dossier and 14 attached forms of 3 administrative procedures, including:

  • Procedures for the issuance, re-issuance, and renewal of certificates of operation in assessment and grant of certificates of national occupational skills;
  • Procedures for the issuance, re-issuance, and renewal of appraiser cards;
  • Procedures for granting, re-issuing, and exchanging certificates of national occupational skills.

The prescribed form of application submission includes submitting the application through the online public service portal or by post or directly submitting the application at the General Department of Vocational Education under the Ministry of Labor, War Invalids and Social Affairs.

Thirdly, the Draft also expanded the conditions for granting the appraiser cards, and a person must satisfy one of the following conditions on skills, qualifications, and experience to be granted an appraiser card from level I to level III:

  • Being a recognized national artisan in that occupation;
  • 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
  • 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 a collegial or higher level or working as a manager or supervisor at a health establishment or an enterprise.
  • The person who has completed the task of being the leader of the expert group directly acts as an examiner to assess the candidates participating in the national occupational skills exam in two consecutive exams for the respective profession.
  • The person who has completed the task of chairing the training organization (the leader of trainers’ expert group) and concurrently working as a technical expert together with their trainee to participate in one of the occupational skills exams of ASEAN, Asia or the world and achieve one of the top prizes of Gold, or Silver or Bronze in one of these exams in the respective profession will be considered issuing an appraiser card

Fourthly, the Draft added autonomy, associated with the accountability of assessment organizations, grants certificates of national occupational skills, enhances the responsibility of state management agencies and strengthens inspection supervising the implementation of administrative procedures in the direction of openness and transparency, shifting from the “pre-check” mechanism to the “post-check” mechanism in order to improve the quality and effectiveness of assessment and grant certificates of national occupational skills to meet the needs of the labor market and industry in the new period.

The Draft also decentralized more rights to the State management agency on assessment and issuance of certificates of national occupational skills and supplemented functions and obligations of the national occupational skills assessment organization.

Finally, the Draft regulated the application of information technology in assessment and granting certificates of national occupational skills. In order to ensure publicity and transparency, strengthen the application of information technology in management and implementation of administrative procedures towards e-Government and digital transformation, the draft Decree has amended and supplemented the following provisions: regulations to strengthen the application of information technology in the implementation of administrative procedures: registration in the online form through online public services; publicize information on national vocational skill certificates to ensure publicity and transparency, and at the same time serve the verification of certificates through websites; regulations on the construction and management of information on personal identification of occupational skill levels.

It is expected that the Draft will take effect in 2022 and have an impact on vocational skills assessment organizations; the employees participate in the assessment and apply for certificates of national occupational skills; and businesses that employ workers in jobs on the list of jobs that directly affect the health and safety of employees or the community must have a national certificate of occupational skills, for example, mining, processing industry, fiber manufacturing, footwear, wood, electronic equipment, waste treatment and destruction, geology, etc.

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