Decree 4/2023/ND-CP amend Decrees providing business investment conditions, administrative procedures

DECREE

Amending and supplementing a number of articles of Decrees providing business investment conditions and administrative procedures under the state management of the Ministry of Labor, Invalids and Social Affairs

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015, and the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Investment dated June 17, 2020;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government hereby promulgates the Decree amending and supplementing a number of articles of Decrees providing business investment conditions and administrative procedures under the state management of the Ministry of Labor, Invalids and Social Affairs.

Chapter I

PROFESSIONAL EDUCATION

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 49/2018/ND-CP dated March 30, 2018, prescribing the vocational education and training accreditation, which was amended and supplemented under the Government's Decree No. 140/2018/ND-CP dated October 08, 2018, amending and supplementing Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs

1. To amend and supplement Article 7 as follows:

“Article 7. Competence to grant, re-grant and revoke certificates of eligibility for vocational education and training accreditation; to suspend vocational education and training accreditation

The Director General of the Directorate of Vocational Education and Training is competent to grant, re-grant and revoke certificates of eligibility for accreditation, and suspend vocational education and training accreditation.”

2. To amend and supplement Article 8 as follows:

a) To amend Points b, c, d Clause 1 as follows:

“b) A copy of the establishment decision, for non-business units;

c) Document on the person in direct charge of vocational education and training accreditation of the accreditation organization: Decision on appointment of the person in direct charge of vocational education and training accreditation;

d) Documents on accreditors of the accreditation organization: Copies of the labor or working contracts concluded between the accreditation organization and the accreditors;”

b) To amend and supplement Points a, b, c Clause 4 as follows:

“a) An organization applying for the grant or re-grant of a certificate of eligibility for accreditation shall send 1 set of dossiers as prescribed directly at the single window section, or by post or online at the National Public Service Portal or Public Service Portal of the Ministry of Labor, Invalids and Social Affairs, to the Directorate of Vocational Education and Training;

b) Within 30 working days after receiving a complete and valid dossier, the Directorate of Vocational Education and Training shall, based on the provisions of Clauses 1 and 2 Article 8 of this Decree, examine and submit the dossier to the Director General of the Directorate of Vocational Education and Training for grant of a certificate of eligibility for accreditation (made according to Form No. 02 in Appendix I to this Decree). If the dossier is invalid, within 5 working days after receiving the dossier, the Directorate of Vocational Education and Training shall send a written reply clearly stating the reason to the applicant;

c) Within 15 working days after receiving the valid and complete dossier, the Directorate of Vocational Education and Training shall, based on the provisions of Clauses 1 and 2 Article 8 of this Decree, examine and submit the dossier to the Director General of the Directorate of Vocational Education and Training for re-grant of a certificate of eligibility for accreditation (made according to Form No. 02 in Appendix I to this Decree). If the dossier is invalid, within 5 working days after receiving the dossier, the Directorate of Vocational Education and Training shall send a written reply clearly stating the reason to the applicant;

3. To amend and supplement Article 9 as follows:

a) To amend Point a Clause 3 as follows:

“a) Within 10 working days after receiving a conclusion from a competent agency as prescribed in Article 26 of this Decree on a violation committed by an accreditation organization as specified in Clause 1 Article 9 of this Decree, the Director General of the Directorate of Vocational Education and Training shall decide to suspend the vocational education and training accreditation of such organization;”

b) To amend and supplement Point b Clause 4 as follows:

“b) Implementation process:

- An accreditation organization shall send 1 set of dossiers of request for permission to resume vocational education and training accreditation as prescribed directly at the single window section, or by post or online at the National Public Service Portal or Public Service Portal of the Ministry of Labor, Invalid and Social Affairs, to the Directorate of Vocational Education and Training;

- Within 30 working days after receiving a complete and valid dossier, the Directorate of Vocational Education and Training shall consider and propose the Director General of the Directorate of Vocational Education and Training to decide to permit the accreditation organization to resume its vocational education and training accreditation.  If the dossier is invalid, within 5 working days after receiving the dossier, the Directorate of Vocational Education and Training shall send a written reply clearly stating the reason to the requesting organization;”

4. To amend and supplement Article 10 as follows:

a) To amend and supplement Point b Clause 2 as follows:

“b) An accreditation organization that has its certificate of eligibility for vocational education and training accreditation revoked shall compile a dossier comprising evidence leading to the revocation of the certificate.”

b) To amend and supplement Clause 3 as follows:

“3. Order of revocation of certificates of eligibility for accreditation

a) In case an accreditation organization requests for permission to terminate its vocational education and training accreditation:

An accreditation organization shall send 1 set of dossiers of request for permission to terminate its vocational education and training accreditation directly at the single window section, or by post or online at the National Public Service Portal or Public Service Portal of the Ministry of Labor, Invalid and Social Affairs, to the Directorate of Vocational Education and Training;

Within 30 working days after receiving a complete and valid dossier, the Directorate of Vocational Education and Training shall consider and propose the Director General of the Directorate of Vocational Education and Training to decide to revoke the certificate of eligibility for accreditation. If the dossier is invalid, within 5 working days after receiving the dossier, the Directorate of Vocational Education and Training shall send a written reply clearly stating the reason to the requesting organization.

b) In case of coercive revocation of the certificate of eligibility for accreditation, within 10 working days after receiving a complete and valid dossier, the Directorate of Vocational Education and Training shall compile a dossier and submit it to the Director General of the Directorate of Vocational Education and Training for decision on revocation the certificate of eligibility for accreditation.”

5. To amend and supplement Clause 2 Article 18 as follows:

“2. Those who wish to be granted an accreditor card shall send 1 set of dossiers as prescribed directly at the single window section, or by post or online at the National Public Service Portal or Public Service Portal of the Ministry of Labor, Invalids and Social Affairs, to the Directorate of Vocational Education and Training. Such a dossier must comprise:

a) An application for an accreditor card (made according to Form No. 05 in Appendix I to this Decree);

b) Four color photos of 2 cm x 3 cm size, taken against a bright background, with straight-looking eyes, bare head, no sunglasses, in civilian clothing, taken within 6 months up to the date of dossier submission;

c) Copies of diplomas and certificates specified in Clauses 2, 4, 5 and 6, Article 13 of this Decree;

d) A health certificate issued by a medical center of district, equivalent or higher level within 6 months up to the date of dossier submission.”

6. To amend and supplement Clause 3 Article 19 as follows:

“3. A person requesting re-grant of an accreditor card shall send 1 set of dossiers as prescribed directly at the single window section, or by post or online at the National Public Service Portal or Public Service Portal of the Ministry of Labor, Invalids and Social Affairs, to the Directorate of Vocational Education and Training. Such a dossier must comprise:

a) A written request for re-grant of an accreditor card (made according to Form No. 05 in Appendix I to this Decree);

b) Four color photos of 2 cm x 3 cm size, taken against a bright background, with straight-looking eyes, bare head, no sunglasses, in civilian clothing, taken within 6 months up to the date of dossier submission;

c) A written declaration on the process of activities related to vocational education and training accreditation in the validity duration of the accreditor card and copies of contracts on performance of extra-evaluation signed with the accreditation organization (if any);

d) The granted accreditor card, which is damaged or has expired.”

7. To replace Forms No. 01, 02 in the Appendix to Decree No. 49/2018/ND-CP with Form No. 01 in Appendix I to this Decree.

8. To replace Forms No. 03, 04, 05 in the Appendix to Decree No. 49/2018/ND-CP with Forms No. 02, 03, 04 in Appendix I to this Decree.

9. To replace Forms No. 08, 09 in the Appendix to Decree No. 49/2018/ND-CP with Form No. 05 in Appendix I to this Decree.

Article 2. Repealing Clause 2 and Clause 3 Article 25 of the Government's Decree No. 49/2018/ND-CP dated March 30, 2018, prescribing the vocational education and training accreditation

Chapter II

OCCUPATIONAL SAFETY AND HEALTH

Article 3. Amending and supplementing a number of articles of the Government's Decree No. 44/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health, regarding occupational safety inspection, occupational safety and health training and working environment monitoring

1. To amend and supplement Clause 1 Article 13 as follows:

“1. An individual requesting the grant, re-grant of an inspector certificate shall send 1 set of dossiers to the competent agency, directly at the single window section, or by post or online at the National Public Service Portal or Public Service Portals of Ministries competent to grant certificates of eligibility for inspection services as prescribed in Appendix Ib to this Decree.”

2. To amend and supplement Clause 2 Article 16 as follows:

“2. To notify the provincial-level Department of Labor, Invalids and Social Affairs in the locality, by submitting directly at the single window section, or sending by post or online at the National Public Service Portal or Public Service Portal of the province or centrally-run city within 30 days after using the machines, equipment and materials with strict requirements on occupational safety, unless otherwise specified by the specialized law.”

3. To replace the form “Application for grant of a certificate of eligibility for inspection services” in Appendix Ia to Decree No. 44/2016/ND-CP with Form No. 01 in Appendix II to this Decree.

4. To replace the form “Application for re-grant (renewal) of a certificate of eligibility for inspection services” in Appendix Ia to Decree No. 44/2016/ND-CP with Form No. 02 in Appendix II to this Decree.

5. To replace the form “Inspector certificate” in Appendix Ic to Decree No. 44/2016/ND-CP with Form No. 03 in Appendix II to this Decree.

6. To replace Appendix Idd to Decree No. 44/2016/ND-CP with Form No. 04 in Appendix II to this Decree.

Article 4. Repealing Clause 5 Article 11 of the Government's Decree No. 44/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health, regarding occupational safety inspection, occupational safety and health training and working environment monitoring

Chapter III

IMPLEMENTATION ORGANIZATION

Article 5. Effect and organization of implementation

1. This Decree takes effect on the date of its signing.

2. Administrative procedures arising before the effective date of this Decree shall continue complying with the Government's Decree No. 49/2018/ND-CP dated March 30, 2018, prescribing the vocational education and training accreditation, which was amended and supplemented under the Government's Decree No. 140/2018/ND-CP dated October 08, 2018, amending and supplementing Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor,  Invalids and Social Affairs, and the Government's Decree No. 44/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health, regarding occupational safety inspection, occupational safety and health training and working environment monitoring.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities shall guide and implement this Decree./.