Thông tư 56/2015/TT-BLDTBXH

CIRCULAR

GUIDING THE DEVELOPMENT, APPRAISAL AND PUBLICATION OF NATIONAL OCCUPATIONAL SKILLS STANDARD

Pursuant to the Law on Employment No. 38/2013/QH13 dated November 16, 2013;

Pursuant to the Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Decree No. 31/2015/NĐ-CP dated March 24, 2015 of the Government detailing a number of articles of the Law on Employment regarding assessment and grant of certificates of national occupational skills;

At the request of the Director General of the General Directorate of Vocational Training;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding the development, appraisal and publication of national occupational skills standard.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular details the principles, process of the development of national occupational skills standard, appraisal and publication of national occupational skills standard.

Article 2. Regulated entities

This Circular applies to agencies, organizations, and individuals related in the development, appraisal and publication of national occupational skills standard.

Article 3. Definitions

1. Job position referred to a set of tasks including works carried out by an individual

2. Task referred to the group of relevant works that forms a working area in each job position

3. Work through description referred to doing something from start to finish and having specific results in a product, service or process.

4. Ability referred to the capacity to convey skills, knowledge and attitude to work situations.

5. One unit of ability referred to a detail presentation on how a job is done, which methods and foundation of knowledge are applied.

Chapter II

PRINCIPLES AND PROCESS OF THE DEVELOPMENT OF NATIONAL OCCUPATIONAL SKILLS STANDARD

Section 1. PRINCIPLES OF THE DEVELOPMENT OF NATIONAL OCCUPATIONAL SKILLS STANDARD

Article 4. Principles of the development of national occupational skills standard

The national occupational skills standard must be developed:

1. In accordance with each qualification level of occupational skills for each profession and the national occupation skill qualification framework as prescribed in Clause 1 Article 32 of the Law on Employment;

2. Consistently with the structure format as prescribe hereof;

3. In accordance with ASEAN and international reference standards.

Article 5. National occupation skill qualification framework

National occupation skill qualification framework is the classification of occupational skills from level 1 to level 5 according to the description of criteria on: the nature, level of work must be performed and the scope, work situation; the flexibility, creativity, cooperation and responsibility in carrying out the work. The framework of each level is specified as follows:

1. Level 1:

a) Perform simple and repetitive works in an unchanged working context;

b) Have a narrow range of basic knowledge about the profession and activities of the job in some areas and the ability to apply knowledge and skill to perform work as directed;

c) Have ability to receive, record and transmit information as required; ability to carry out teamwork with other people and take partial responsibility for the results of work.

2. Level 2:

a) Perform regular tasks and some complex tasks in a number of specific situations;

b) Have a board range of basic knowledge about the profession and activities of the job in many areas; ability to apply knowledge and skill to solve common professional, technical matters and some complex issues with the guidance of instructors;

c) Have the ability to think, judge and explain information; autonomy in teamwork with other people and the ability to work independently in some contexts; take main responsibility for the results of work.

3. Level 3:

a) Perform a large number of complicated works, works that have many methods in some different contexts;

b) Have professional and basic knowledge about the principles, theory and extensive knowledge of the activities of the job in many contexts; utilize the knowledge to provide solutions for a number of complex professional, technical matters and some requirements of the manager;

c) Have the ability to determine, analyze and evaluate broad-range information; have autonomy, work independently and guide other people to perform tasks; take responsibility for the quality of work as prescribed by the standard and partial responsibility of the results of work performed by a teammate.

4. Level 4:

a) Perform most of complicated works, works that have many methods in different contexts;

b) Have professional knowledge about the principles, theory and extensive knowledge of the activities of the job in many contexts; utilize the knowledge to provide solutions for a number of complex professional, technical matters and some requirements of the manager;

c) Determine, analyze and evaluate broad-range information and use the results to provide ideas and recommendations for management and research purpose; work independently with substantial autonomy; have the ability to manage and operate others in the execution of tasks, take responsibility for the quality of work as prescribed by the standard and partial responsibility of the results of work performed by a teammate.

5. Level 5:

a) Perform complicated works, works that have many methods in every contexts;

b) Have professional knowledge about the principles, theory and extensive knowledge of the activities of the job in many contexts; have the ability to analyze, consider, diagnose, design to solve solutions, handle a board range of complex technical issues or requirements of the manager;

c) Know how to analyze, evaluate and generalize information to provide ideas and recommendations for management and research purpose; work independently with substantial autonomy; have the ability to manage and operate others in the execution of tasks, take responsibility for the quality of work as prescribed by the standard and responsibility of results of work performed by a teammate in accordance with technical specifications and standards.

Article 6. Structure of the national occupation skills standard

Structure of the national occupation skills standard of one profession consists of three (03) basic components as follows:

1. Profession description:

The content shall describe the extent of the profession, job positions and main tasks to be done in a context.

2. List of units of ability:

The content shall specify the list of units of ability of the profession and the units of ability of each job position in the profession where all of ability units are listed and sorted into groups as follows:

a) Basic ability: Ability to perform general works that are not for a particular occupation or production, business or service sector (hereinafter referred to as industry);

b) General ability: Ability required when working in a particular industry;

c) Professional ability: Includes the necessary abilities of the occupation that an individual needs to be admitted to have competence at a particular level.

3. Units of ability:

The content of each ability unit is in the list of ability units. Each unit must demonstrate the following contents:

a) Name of the ability unit;

b) Components and performance criteria: The full description of the components in a unit of ability needed to be performed, the level of performance and the output that can be measured, calculated and determined;

c) Important skills and essential knowledge: provide information on the skills and knowledge needed to be effectively implemented and selected resources or alternative methods to achieve the outputs;

d) Implementation conditions: Describe the parameters for the application of abilities and types of works, resources and services that can be used when using the ability;

dd) Assessment guide: set the context and the evidence selection method in support of the assessment to determine whether an individual meets the standards of the unit of ability or not.

4. Structural format of the national occupation skills standard is prescribed in Appendix 01 enclosed herewith.

Section 2. PROCESS OF DEVELOPMENT OF THE NATIONAL OCCUPATION SKILL STANDARDS

Article 7. Establishment and selection of the organization assisting the development of national occupation skill standards

1. Ministries, ministerial agencies, Governmental agencies (hereinafter referred to as presiding authority) shall take charge and develop the national occupation skill standards for each profession within management. Presiding authority must establish or select an organization to advice and assist the development of the national occupation skills standard for each profession (hereinafter referred to as organization assisting the development of the occupation skills standard).

2. In case of establishing the organization assisting the development of the occupation skills standard, the established organization shall meet the following requirements:

a) Participants include: representative of presiding authority; representative of the organization representing such professionals; representative of relevant professional associations; representative of the organization of the employer or enterprise employing the professionals; representative of vocational education institutions or education institutions that have the profession training.

In the established organization assisting the development of the occupational skills standard, the number of members representing the professional associations, organization of the employer or enterprise must account for at least ½ members of the organization.

b) Members of the organization assisting the development of the occupational skills standard as prescribed in Point a this Clause must at least graduate from university, have knowledge and proficiency in the profession and have at least 5 (five) years of working experience or have the highest professional skill level (hereinafter referred to as professional specialist).

3. In case of selecting the organization assisting the development of the occupation skills standard, the selected organization shall be one of the following organizations:

a) Relevant professional associations;

b) Vocational education institutions or education institutions, scientific and technological organizations, health establishments under the presiding authority’s management, having credibility, experience in training or in research, application and transfer of technology related to that profession

4. Rights and responsibilities of the organization assisting the design of the occupation skills standard:

a) Implement and comply with the process of the development of national occupational skills standard as prescribed in Article 8, 9, 10, 11, 12 Clause 5 Article 16 hereof;

b) Have the rights to hire or use other domestic or foreign individuals, organizations who have experiences and capacity to develop occupational skills standard in order to carry out tasks as prescribed in Article 8, 9, 10 and 11 hereof;

c) Have the rights to use occupational standards, skill standards or qualification transferred by foreign countries to revise and compile draft national occupational skills standard in accordance with the structural format prescribed in Article 6 hereof;

d) Comply with regulations and law on copyright, intellectual property right when using the occupational documents, standards of domestic and foreign individuals, organizations.

Article 8. Profession analysis

1. Collect occupational documents, standards that are being used domestically and overseas.

2. Study and select enterprises employing such professionals on a large, small or medium scale and technological level used in production and business activities as well as in management on the popularity, old and new scale to make a list of enterprises should be surveyed to ensure the representation of regions and areas nationwide.

3. Develop questionnaire format in accordance with the following subjects:

a) Questionnaires on the use and division of labor in the surveying profession for surveyed subjects which are enterprises.

b) Questionnaires on the functions, roles, current positions; regular and irregular task that needed to be performed, conditions and context for each task for survey subjects in the enterprise such as managers or officers, technical specialists and people directly engaged in the task of the profession or doing jobs related to the profession.

4. Carry out surveys at selected enterprises according to the list established in Clause 2 and the persons referred to in Clause 3 of this Article to investigate job positions at the workplace and collect data on the tasks of each job position.

5. Organize the analysis of the data collected from questionnaire and survey results as prescribed in Clause 4 of this Article to determine popular job positions and tasks of each job position; compile and make a table of popular job positions according to Appendix 02 enclosed herewith.

Article 9. Work analysis

1. Based on the data collected from questionnaire and survey results as prescribed in Clause 4 Article 8 hereof:

a) Analyze the survey results collected on each work of each position identified in Clause 5 Article 8 hereof so that the job analysis sheets are made according to Appendix 03 enclosed herewith;

b) Refer to the standards and documents collected as prescribed in Clause 1 Article 8 hereof (if any) to adjust the contents in the job analysis sheets according to Point a of this Clause.

c) Organize collection of suggestions from professional specialists not engaged in the activities specified in Points a and b of this Clause by the methods of asking for their suggestions on the contents of the established or adjusted job analysis sheets (if any); complete the job analysis sheets after receiving the suggestions;

d) Carry out a workshop to collect suggestions from professional specialists, relevant agencies, organizations and enterprises employing such professionals to directly provide comments on the completed work analysis sheets as prescribed in Point c of this Clause; complete the job analysis sheets after summarizing the suggestions at the workshop.

2. Based on the job analysis sheets established and completed according to Clause 1 of this Article:

a) Analyze the nature, level of work must be performed and the scope, work situation; the flexibility, creativity, cooperation and responsibility in carrying out the work to determine the qualification level of the job position based on the framework of each qualification level prescribed in Article 5 hereof;

b) Make a diagram of job positions of the profession as prescribed in Appendix 04 enclosed herewith;

b) Refer to the standards and documents collected as prescribed in Clause 1 Article 8 hereof (if any) to adjust the diagram of job positions according to Point a of this Clause;

d) Hold conferences to collect opinions from professional specialists not engaged in activities specified in Point a, b and c of this Clause, relevant agencies, organizations and enterprises employing such professionals to give opinions on the established or adjusted diagram of the job positions (if any); complete the diagram of the job positions after receiving the opinions.

Article 10. Determination of the list of ability units

1. Based on the job analysis sheets established and completed according to Clause 1 Article 9 hereof , continue to determine required abilities to fulfill the job and make a list of ability units as prescribed in Clause 2 Article 6 hereof.

2. Collect opinions from professional specialists not engaged in activities specified in Clause 1 of this Article, relevant agencies, organizations and enterprises employing such professionals through sending written request for opinions on the established list of ability units; complete the list of ability units after receiving the opinions.

Article 11. Compilation of the national occupation skill standards

1. Based on the data collected from the questionnaires and the survey results as prescribed in Clause 4 Article 8, the job analysis sheets established and completed according to Article 9, the list of ability units established according to Article 10 hereof to compile each unit of ability according to the provisions in Clause 3 Article 6 and the draft national occupational skills standard in the structural format as prescribed in Clause 4, Article 6 hereof.

2. Do not exercise Provisions prescribed in Article 8, 9 and 10 hereof in case of using the occupational standards, skill standards or qualification transferred by foreign countries to revise and compile into national occupational skills standards in accordance with the format prescribed in Clause 4 Article 6 hereof.

3. Collect opinions from professional specialists not engaged in activities specified in Clause 1 or 2 of this Article through sending written request for opinions on the ability units, draft national occupational skill standard compiled according to Clause 1 or the draft national occupational skill standard compiled according to Clause 2 this Article; complete after receiving the opinions.

4. Carry out a conference to collect suggestions from industry experts, relevant agencies, organizations and enterprises employing such professionals to directly provide comments on the draft national occupational skill standard completed as prescribed in Clause 3 of this Article; complete the draft national occupational skill standard after summarizing the suggestions at the conference.

Article 12. Dossiers of request for appraisal of the national occupation skill standards

Immediately after completing the draft national occupational skills standard as prescribed in Clause 4 Article 11 hereof, the organization assisting the development of occupational skills standard shall make dossiers of request for appraisal of draft national occupational skills standard (hereinafter referred to as dossiers of request for appraisal). The dossiers include the following documents:

1. One (01) report on the implementation of the national occupation skills standard. Forms of the report as prescribed in Appendix 05 enclosed herewith;

2. One (01) draft national occupational skills standard compiled and finalized in accordance with the provisions in Article 11 hereof, accompanied by a soft copy;

3. Intermediary products used in the drafting of national occupational skills standard include:

a) Table of popular job positions as prescribed in Clause 5 Article 8;

b) Job analysis sheets, diagram of the job positions of the profession established and completed according to Article 9 hereof;

c) Standard and documents related to the use of standards transferred by foreign countries (in case of using the standards transferred by foreign countries to adjust and compile into draft national occupation skills standard).

Chapter III

ORGANIZING THE APPRAISAL AND PUBLISHMENT OF THE NATIONAL OCCUPATION SKILL STANDARDS

Article 13. Receiving the dossiers of request for appraisal of draft standard

1. After receiving the dossiers of request for appraisal made by the organization assisting the development of occupational skills standard as prescribed in Article 12 hereof, the presiding authority shall make written requests and send one (01) set of such dossiers by post or directly to the Ministry of Labor, War Invalids and Social Affairs.

2. Within 03 (three) working days from the date of receipt of the written request for appraisal according to the provisions in Clause 1 this Article, the Ministry of Labor, War Invalids and Social Affairs shall perform the following tasks:

a) Publish the draft national occupational skills standard enclosed in the dossier of request for appraisal on the website of the Ministry within 30 working days for collecting suggestions of individuals and agencies, organizations and enterprises nationwide;

b) Send documents to the related ministries, ministerial agencies, Governmental agencies, the Vietnam General Confederation of Labor or the Vietnam Farmers' Union, the Vietnam Chamber of Commerce and Industry or the Vietnam Cooperative Alliance, local professional associations for written suggestions on the draft national occupational skills standard included in the received dossiers of request for appraisal.

Article 14. Establishment of appraisal council

1. Within 15 working days from the receipt of documents and dossiers of request for appraisal sent by the presiding authority as prescribed in Clause 1 Article 13 hereof, the Ministry of Labor, War Invalids and Social Affairs establishes the appraisal council to assist the Minister in the appraisal of the received dossiers of request.

2. The number of members, components and structure of the appraisal council are as follows:

a) The number of members of the council is an odd number and there shall be 07 (seven) to 11 members;

b) Participants include the representative of the Ministry of Labor, Invalids and Social Affairs; representative of relevant agencies, organization and enterprises employing workers in the profession includes: trade union of sector or trade union; occupational associations; a number of enterprises. In which representatives of the enterprise must account for at least 1/3 members of the council. Representatives of agencies, organizations and enterprises must be professional specialists who are not part of the organization assisting the development of occupational skills standard or cooperating in the construction of the national occupational skills standard of such profession and are recommended by the agencies, organizations and enterprises to the Ministry of Labor, War Invalids and Social Affairs for selection;

c) The structure of the council are composed of the president; secretary and other members. The council’s secretary is the representative of the Ministry of Labor, War Invalids and Social Affairs, the president of the council is a person who has prestige, experiences and capacity to develop the national occupational skills standard elected by the council among its members.

3. Working principles of the appraisal council:

a) The appraisal council works under the chairmanship of the president; at least 2/3 (two thirds) of the Council members must attend the meetings; representatives of the presiding authority and the organization assisting the development of the occupational skills standard are invited.

b) The meetings of the Council must be recorded in a minutes by the secretary of the council, the minutes of the council meeting must be signed by the president and the secretary of the council.

c) The council operates on the democratic principle. Each member of the Council must prepare written comments and assessments on the contents of the documents included in the received dossiers of request for appraisal and give opinions at the meetings of the council for discussion, analyzing and evaluation of the attended members; invited representatives of the presiding authority and the organization assisting the development of the occupational skills standard shall explain suggestions given by members of the council upon request; president of the council shall sum up and decide based on the majority.

d) The Council conducts the quality assessment of the draft national occupational skills standard included in the received dossier of request for appraisal through ballot form voted by members of the Council. Assessment forms of the draft national occupational skills standard's quality are in accordance with forms prescribed in Appendix 06 enclosed herewith.

Article 15. Content and time limit of the appraisal

1. The appraisal focuses on the following contents:

a) Appraise the compliance with regulations prescribed in Article 7, 8, 9, 10, 11 hereof in the process of the development of national occupational skills standard;

b) Appraise the content and suitability of the draft national occupational skills standard included in the dossier of request for appraisal received against the format specified in Article 6 hereof;

c) Appraise the quality of the draft national occupational skills standard included in the received dossier of request for appraisal in accordance with criteria in the assessment forms prescribed in Appendix 06 enclosed herewith.

2. Time limit of the appraisal:

Within 05 (five) working days after the deadline for the publication of the draft national occupational skills standard on the website of the Ministry of Labor, War Invalids and Social Affairs as prescribed in Point a Clause 2, Article 13 of this Circular, the appraisal council shall conduct the appraisal according to the contents prescribed in Clause 1 of this Article.

Article 16. Order of appraising

1. At least 03 (three) working days from the date on which the appraisal council is established, the secretary of the council must send the draft of the national occupational skills standard included in the received dossier of request for appraisal to the members of the appraisal council for study and preparation of comments of individuals.

2. At least 03 (three) working days before the council conducts the appraisal according to the contents specified in Clause 1, Article 15 hereof, The Ministry of Labor, War Invalids and Social Affairs shall send a summary of suggestions on the draft national occupational skills standard sent to agencies and organizations according to the provisions of Point b Clause 2 Article 13 and posted on the website of the Ministry as stipulated in Point a Clause 2 Article 13 hereof to the appraisal council and the organization assisting the development of occupational skills standard for study and consideration.

3. The appraisal council conducts the appraisal on the principle prescribed in Clause 3 Article 14 and concentrate on a number of contents prescribed in Clause 1 Article 15 hereof.

4. Immediately upon the completion of the appraisal, the president of the council must report in writing the appraisal result on the official opinions of the appraisal council on the draft national occupational skills standard included in the dossier of request for appraisal accompanied by the minutes of the meetings of the council, written comments and assessments of each member of the council to the Ministry of Labor, War Invalids and Social Affairs; at the same time send it to the organization assisting the development of the occupational skills standard for studying and considering the official written opinions of the council on the draft national occupational skills standard included in the dossiers of request for appraisal and the written comments, assessments of each member of the council.

5. Within 5 (five) working days from the date of receipt of the documents sent by the president of the council in accordance with Clause 4 of this Article, the organization assisting the development of the occupational skills standard shall make a report on the consideration and acceptance of the opinions received, complete the draft national occupational skills standard and send it to the appraisal council. After consideration, if there are opinions that are not accepted or needed to be explained, the organization assisting the development of the occupational skills standard shall directly work with the appraisal council in order to reach agreement upon such issues before finalizing the draft national occupational skills standard and sending it to the appraisal council.

6. Immediately upon the receipt of the draft national occupational skills standard finalized by the organization assisting the development of the occupational skills standard as prescribed in Clause 5 this Article, the appraisal council shall hold a meeting to review such draft national occupational skills standard before sending it to the Ministry of Labor, Invalids and Social Affairs.

Article 17. Promulgation of the national occupation skill standards

Within 05 (five) years from the receipt of the national occupational skills standard sent by the president of the council as prescribed in Clause 6 Article 16 hereof, the Ministry of Labor, Invalids and Social Affairs shall publish in writing and post such national occupational skill standards on its website and at the same time send it to the presiding authority for monitoring and cooperating in the management of updating, amendments of the contents of the national occupational skill standards to adapt to any changes in the practice of production and business activities.

Chapter IV

IMPLEMENTATION

Article 18. The Ministry of Labor, Invalids and Social Affairs shall

1. Unify management of the organization of the development, appraisal and publication of the national occupational skills standard for professions and the updating, amendments of the published national occupational skills standard.

2. Guide and inspect the development of the national occupational skills standard for each profession within management of ministries, ministerial agencies and Governmental agencies as prescribed herein.

3. Instruct and cooperate with ministries, ministerial agencies and Governmental agencies in the amendments of contents in the national occupational skills standard, adjusting to the structural format of the national occupational skill standards promulgated before the effective date of this Circular to ensure compliance with the provisions hereof.

4. Implement the tasks prescribed in Article 13, 14, 16 and 17 hereof.

Article 19. Ministries, ministerial agencies, Governmental agencies shall

1. Direct, guide and carry out inspections the implementation of this Circular by organizations assisting the development of the occupational skills standard for professions within management.

2. Suggest update and amendments the published national occupational skills standard in conformity with the change in production, business activities, and requirements of regional and international integration.

3. Before December 15 annually, ministries, ministerial agencies, Governmental agencies shall send periodical reports to the Ministry of Labor, Invalids and Social Affairs on the development, update and amendments of the national occupation skill standards for professions within management.

4. Implement the tasks prescribed in Article 7, Clause 1 Article 13, Clause 2 Article 20 hereof.

Chapter V

IMPLEMENTATION CLAUSE

Article 20. Transitional clause

1. The national occupational skills standard promulgated before the effective date of this Circular remains valid.

2. Within 03 (three) years from the effective date of this Circular, ministries, ministerial agencies and Governmental agencies promulgated the national occupational skills standard of professions within management shall amend the contents of the national occupational skills standard and adjust to the structural format as prescribed herein and sent to the Ministry of Labor, Invalids and Social Affairs for organizing the appraisal and publication.

Article 21. Effect

This Circular takes effect on February 15, 2016.

Article 22. Implementation responsibilities

Director General of Directorate of Vocational Training, Director General of Department of Legal Affairs, Ministerial Chief Inspector, within their assigned functions, tasks and powers, shall cooperate with units under the Ministry and related agencies in organizing the implementation, inspections the organizations assisting the development of occupational skills standard for professions under the management of ministries, ministerial agencies, Governmental agencies in the implementation of this Circular.

Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.