New regulation on business investment conditions and administrative procedures under the scope of state management of the Ministry of Labour, War Invalids and Social Affairs

On 13/2/2023, the Government issued Decree No. 04/2023/ND-CP amending and supplementing a number of articles of the Decree related to business investment conditions and administrative procedures under the state management of the Ministry of Labour, War Invalids and Social Affairs.

Accordingly, the authority to grant, re-issue and revoke the Certificate of eligibility for vocational education quality accreditation activities; suspending vocational education quality accreditation activities is made by the Director General of Directorate of Vocational Training.

The Decree No. 4/2023/ND-CP also amends the procedures for granting and re-granting the Certificate of eligibility for accrediting activities. Specifically: Organizations wishing to issue or re-issue the Certificate of eligibility for accrediting activities shall submit 01 set of dossier as prescribed to the Directorate of Vocational Training directly at the One-Stop Department or through the postal service or submit it online at the National Public Service Portal or the Public Service Portal of the Ministry of Labour, War Invalids and Social Affairs.

Within 30 working days from the date of receipt of a complete and valid application, based on regulations, the Directorate of Vocational Training shall appraise and submit it to the Director General of Directorate of Vocational Training for granting a Certificate of eligibility for accrediting activities. In case the dossier is invalid, within 05 working days from the date of receipt of the dossier, the Directorate of Vocational Training shall send a written reply to the organization that wishes to issue the Certificate of eligibility for accrediting activities and clearly state the reasons.

Within 15 working days from the date of receipt of a complete and valid dossier, based on regulations, the Directorate of Vocational Training shall appraise and submit them to the Director General of Directorate of Vocational Training for re-granting the Certificate of eligibility for accrediting activities. In case the application is invalid, within 05 working days from the date of receipt of the application, the Directorate of Vocational Training shall send a written reply to the organization wishing to re-issue the Certificate of eligibility for accrediting activities and clearly state the reasons.

The order of revocation of the Certificate of eligibility for accrediting activities is as follows:

In case the accrediting organization requests to terminate the vocational education quality accreditation operation:

The accrediting organization shall send 01 set of application for termination of vocational education quality accreditation to the Directorate of Vocational Training directly at the One-Stop Department or via postal service or submit it online at the National Public Service Portal or Public Service Portal of the Ministry of Labour, War Invalids and Social Affairs.

Within 30 working days from the date of receipt of a complete and valid application, the Directorate of Vocational Training shall consider and submit it to the Director General of Directorate of Vocational Training for a decision on revocation of the Certificate of eligibility for accrediting activities. In case the dossier is invalid, within 05 working days from the date of receipt of the dossier, the Directorate of Vocational Training shall send a written reply to the accrediting organization requesting the termination of education quality accreditation activities and clearly state the reason.

In case of forced revocation of the Certificate of eligibility for accreditation, within 10 working days from the date of receipt of a complete and valid application, the Directorate of Vocational Training shall make a dossier and submit it to the Director General of Directorate of Vocational Training for the decision on revocation of the Certificate of eligibility for accreditation activities.

The Decree also amends and supplements 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 the technical inspection of occupational safety, training in occupational safety and health and monitoring of the working environment

Accordingly, Clause 1, Article 13 is amended and supplemented as follows: Individuals wishing to issue or re-issue the Certificate of inspector shall send 01 set of dossier to the competent agency directly at the One-Stop Department or through postal services or submit it online at the National Public Service Portal or the Public Service Portal of the ministries competent to issue the Certificates of eligibility for accreditation activities specified in Appendix Ib issued with this Decree.

Clause 2, Article 16 is amended and supplemented as follows: To declare to the local Department of Labor, War Invalids and Social Affairs in the form of direct submission at the One-Stop Department or through the postal service or submit it online at National Public Service Portal or Public Service Portal of a province or centrally-run city within 30 days from the date of putting into use machines, equipment and supplies subject to strict requirements of labor safety, unless otherwise prescribed by specialized law.

This Decree takes effect from the date of signing for promulgation.

Source: NVD