Act No. 53 / 2012 Coll.
Act amending Act No. 179 / 2006 Coll., on the Verification and Recognition of Result of Further Education and on the Amendment of Certain Laws (Act on Recognition of Result of Continued Education), as amended, and other related laws
Valid
Effective from 01.04.2012
53
THE LAW
of 25 January 2012
amending Act No. 179 / 2006 Coll., on the Verification and Recognition of the Results of Inter-Education and on the Amendment of Certain Laws (Act on Recognition of the Results of Inter-Education), as amended, and other related Laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Recognition of Result of Further Education
Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of Results of Further Education), as amended by Act No. 110 / 2007 Coll., Act No. 362 / 2007 Coll., Act No. 223 / 2009 Coll. is amended as follows:
1. In § 1 (1) (c) and (d), § 2 (d), (f), (g), (h) and (k), § 3, § 4 (2) (b), § 5 (2) and (4), § 6 (2) (c), § 6 (3) (a), (b), (d), (e) and (h), § 19 (2), § 13 (1) (e), § 16 (4), § 17 (3) and (4), § 18 (1), (2) and (3), § 19 (2) (e), § 19 (2), § 19 (2) and § 23 (e), § 19 (f), § 16 (4), § 17 (3) and (4), § 18), § 18 (3), § 19 (3), § 19 (e), § 19 (e), § 19 (d), § 19 (f) and § 19 (f), § 19 (f), § 19 (f), § 23 (f), § 19 (f
2. In Article 2 (c), the word "professional 'shall be inserted after the word" complete'.
3. the words "professional qualifications" shall be inserted after the words "complete."
4. in § 2 (e), § 4 (2) (a) and (b), § 5 (1), § 6 (2) (c), § 6 (3) of the introductory part of the provision, § 6 (3) (e), § 18 (4) and in § 23 (b), the word "partial" is replaced by "professional."
5. In Article 2 (j), the word "institution 'is replaced by the words" person exercising the function of institution'.
6. In Section 3, the words "full qualifications' are replaced by" full professional qualifications'.
7. In Section 4, the word "professional 'shall be inserted after the word" Full'.
8. in Article 4 (1) and (2) of the introductory part of the provisions, Article 5 (2), Article 6 (2) (a) and (d), Article 10 (4) and Article 11 (3), the word "professional" shall be inserted after the word "complete."
9. in Articles 4 (3), 5 (2) and 6 (2) of the introductory part of the provision, the word "professional" shall be inserted after the word "complete."
10. in Article 4 (3) and in Article 6 (2) (b), the word "professional" shall be inserted after the word "complete."
11. in the headings of Sections 5, 5 (2) and (3) and 21, the word "Sub" is replaced by "Professional."
12. in Paragraph 6 (1), the words "National Institute of Vocational Training in Prague (hereinafter referred to as" the Institute ")" shall be replaced by the words "set up for that purpose by the Ministry (hereinafter referred to as the Ministry's organisation)."
13. in Paragraph 6 (2) (c), the words "full qualification" are replaced by the words "full professional qualification."
14. in Article 6 (3) (c), including footnote 4:
"(c) the determination of a link to a particular profession (4) for which the professional qualification proves competence;
4) For example Article 6 (1) (c) of Act No. 435 / 2004 Coll., on Employment. '
15. in Paragraph 6 (3) (g), the words "the subqualification concerned" are replaced by the words "the certificate of the professional qualification concerned."
16. in Article 7 (2) and (4) and in Article 8 (3) and (5), the word "Institute" shall be replaced by the words "Organisation of the Ministry."
17. in Paragraph 10 (1) (c), the words "the corresponding subqualification" shall be replaced by the words "required to obtain the certificate of the professional qualification in question."
18. in Paragraph 10 (1) (h), the words "the last 5 years of tax" shall be replaced by the words "the tax records."
19. in Article 10 (5), the last sentence shall be deleted;
20. In Article 10, the following paragraph 6 is added:
"(6) The natural person concerned may designate one or more natural persons from among his or her staff or other persons in a contract with him or her, who shall demonstrate that they fulfil the conditions set out in points (a) to (e) of paragraph 1 and shall carry out the activity of an authorised person on behalf of the applicant as authorised representatives. ';
21.
Conditions for granting authorisation to legal persons
(1) Where the applicant for authorisation is a legal person, the authorising authority shall grant authorisation to the applicant if:
(a) demonstrate that the necessary material and technical assumptions for carrying out the test referred to in Article 18 set out in the assessment standard of the relevant professional qualification are provided;
(b) designate from among its members, members, persons acting as bodies, members of their bodies, employees or other persons having a contractual relationship with it, at least one natural person who proves that he fulfils the conditions set out in points (a) to (e) of Article 10 (1) and will carry out the activity of an authorised person on behalf of the applicant as an authorised representative;
(c) the applicant's assets have not been declared bankrupt in the last 5 years, insolvency proceedings have not been opened against him, he is not in liquidation, there has been no rejection of the application for bankruptcy because the applicant's assets are insufficient or the bankruptcy has been cancelled after completion of the schedule order or the bankruptcy on the ground that the applicant's assets are insufficient to cover the costs of bankruptcy;
(d) there is no arrears in the tax records, no arrears in insurance premiums and periodic penalty payments in respect of public health insurance or insurance premiums and social security periodic payments and a contribution to the state employment policy;
(e) persons acting as the statutory body of the applicant or a member of the statutory body of the applicant shall be entitled (Paragraph 10 (2));
(f) have requested authorisation for professional qualifications for which both the qualification and evaluation standards are approved.
(2) Proof of compliance with the conditions referred to in paragraph 1 (c) and (d) may be replaced by a declaration of honour of the applicant. Compliance with the condition referred to in paragraph 1 (e) shall be demonstrated for natural persons by an extract from the Register of Penalties not earlier than 3 months; if the natural person is not a national citizen of the Czech Republic, he shall prove compliance with this condition by a document issued by the competent authority of the country of origin or by the State in which he has remained continuously for more than 3 months in the last 3 years, not more than 3 months. If the relevant documents cannot be secured for a serious reason, they may be replaced by an affidavit.
(3) Compliance with the conditions referred to in paragraph 1 (c) to (e) is not required in the case of a legal person who carries out the activities of a school and has the right to provide education and to issue education documents in the field of education, in which, according to the National Qualifications System, the full professional qualification of which is part of the professional qualification to be certified by an authorised person can be achieved. The fact that a natural person referred to in point (b) of paragraph 1 fulfils the conditions set out in points (a) to (d) of Article 10 (1) may also be supported by a declaration of honour by the legal person referred to in the first sentence of that provision. ';
22. In Article 12, the words "or an undertaking natural person 'shall be added at the end of the text of paragraph 1.
23. In Paragraph 14, the following paragraph 3 is added:
"(3) The Authorised Person shall publish the date of the examination in a manner that allows remote access at least 5 days before the date of the test."
24. in Articles 15, 16 (5) and 22 (d), the word "Constitution" shall be replaced by "Organisation of the Ministry."
25. in Article 15 (b), the words "or names, surnames and dates of birth of authorised representatives of the natural person involved" shall be inserted after the words "authorised person."
26. in Article 16 (1) (a), the words "or undertaking a physical activity" shall be inserted after the words "in the case of physical activity."
27. in Article 17 (1), the words "defined by the qualification standard of the subqualification" shall be replaced by the words "required to obtain a professional qualification certificate" and the words "partial" shall be replaced by "professional."
28. In Paragraph 17, the words "or participant in retraining under the Employment Act 19 'shall be added at the end of the text of paragraph 2.
Footnote 19:
"19) § 108 of Act No. 435 / 2004 Coll., on Employment, as amended."
29. Paragraph 17 (6) reads:
"(6) The test shall take place within 3 months of the receipt of the application for the test to an authorized person, unless the candidate agrees otherwise with the authorised person. In the event that the evaluation standard defines the period of the calendar year in which the test may be carried out, the applicant may agree with the authorised person a date belonging only to that period for the conduct of the test. ';
30. Paragraph 18 (2) to (4) reads as follows:
"(2) The applicant shall be either an authorised representative of an authorised legal or business natural person authorised for a given professional qualification authorised on behalf of that legal or commercial natural person to verify the achievement of that professional qualification, or an authorised natural person authorised for that professional qualification, or an examination committee composed of members who are an authorised natural person authorised for that professional qualification or an authorised representative of an authorised legal or commercial natural person authorised for that professional qualification authorised on behalf of that legal or commercial natural person to verify the achievement of that professional qualification. Authorised representatives of the same authorised legal or commercial natural person may be members of the same examination committee.
(3) If the examination is to be carried out before the Examination Panel, the Chairman of the Examination Panel, which is an authorised natural person or an authorised representative of an authorised natural enterprise or legal person authorised for a given professional qualification, who has received the application from an applicant for an examination, shall designate other members of the Examination Panel from an authorised natural person authorised for a given professional qualification or from an authorised representative of an authorised natural business or legal person authorised for a given professional qualification and shall ensure their synergies during the examination.
(4) Before the start of the test, the applicant shall demonstrate his identity with an identity card and, in the case of professional qualifications for which the National Qualifications System so provides, shall also submit a certificate of medical fitness for the performance of the relevant work activity or other documents listed in the National Qualifications System. If the applicant fails to provide the documents in question, he shall not be admitted to the test. ';
footnote 9 is deleted.
31. In Paragraph 18, the following paragraph 6 is inserted after paragraph 5:
"(6) If the tenderer is a person who, by submitting a valid certificate of professional qualification or proof of complete professional qualification, proves that he / she has acquired a degree of professional competence consistent with the extent and content of the professional competence verified by the examination, the examiner shall recognise the previously verified competence of the tenderer for the purposes of the examination. In carrying out the test, the applicant shall be exempted from meeting those test requirements which would be re-verified if such exemption does not interfere with the proper verification of the other requirements laid down in the assessment standard to be met by the candidate during the test. ';
Paragraphs 6 to 12 shall be renumbered paragraphs 7 to 13.
32. in Articles 18 (8) and 25 (3), "11 and 12" shall be replaced by "12 and 13."
33.In Paragraph 19 (5), "12" is replaced by "13."
34. In Article 20 (4), the words "authorising authority which ordered the repeated examination 'are replaced by the words" authorised person'.
35. in Article 22, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) discuss administrative offences."
36. in Part One, the following Title VII is inserted after Title VI, including the title and footnote 20:
ADMINISTRATIVE DEPARTMENTS
(1) A natural person as an authorised person commits an offence by:
(a) in contravention of Article 14 (1) or (2), does not inform the authorising authority of changes occurring at the time of authorisation, or does not inform it in due time;
(b) publish the date of the examination referred to in Article 14 (3);
(c) shall not send the applicant an invitation to pass the examination referred to in Article 17 (5);
(d) does not inform the tenderer or authorising authority of the replacement test date referred to in Article 17 (8) or (10); or
(e) in contravention of Paragraph 18 (12), he shall not notify the tenderer of the result of the examination or of the successful tenderer of the certificate.
(2) A fine of up to CZK 20,000 may be imposed for the offence referred to in paragraph 1.
(1) A natural person who is a legal or legal person authorised to commit an administrative offence by:
(a) in contravention of Article 14 (1) or (2), does not inform the authorising authority of changes occurring at the time of authorisation, or does not inform it in due time;
(b) publish the date of the examination referred to in Article 14 (3);
(c) shall not send the applicant an invitation to pass the examination referred to in Article 17 (5);
(d) does not inform the tenderer or authorising authority of the replacement test date referred to in Article 17 (8) or (10); or
(e) in contravention of Paragraph 18 (12), he shall not notify the tenderer of the result of the examination or of the successful tenderer of the certificate.
(2) A fine of up to CZK 20,000 shall be imposed for the administrative offence referred to in paragraph 1.
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings before 1 year, from the date on which he became aware of it, but no later than 3 years, from the date on which he was committed.
(4) The provisions of the Liability and Punishment Act shall apply to the liability of acts which took place in the course of or directly related to the business of a natural person.
(5) Administrative offences under this law are at first instance dealt with by the authorizing authority responsible under § 2 (k).
20) § 2 (2) of the Commercial Code. '
Title VII shall be renumbered Title VIII.
Transitional provision
Certificates of obtaining a partial qualification, issued pursuant to Act No. 179 / 2006 Coll., as effective until the date of entry into force of this Act, shall be considered as certificates of obtaining a professional qualification under Act No. 179 / 2006 Coll., as effective from the date of entry into force of this Act.
Amendment of the Education Act
In Article 113b (1) and (2) and in Article 113c (1) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 179 / 2006 Coll. and Act No. 242 / 2008 Coll., the word "partial 'is replaced by the word" professional'.
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. in Paragraph 3 (3) (ag), the words "subqualification" shall be replaced by the words "certificate of professional qualifications."
2. In Article 21 (1) of the Introductory Part of the provision, the words "or documents' shall be inserted after the words" by document '.
3. Paragraph 21 (1) (f), including footnote 23q, reads as follows:
"(f) the acquisition of all professional qualifications as laid down for the corresponding professions in the National Qualificationsystem 23q).
23q) Act No. 179 / 2006 Coll. '.
4. In Annex No 2 LIABILITIES LIABILITIES LIABILITIES FOR THE PURPOSE OF THE UNDERTAKING "GUARANTEES AND PERSONS 'AND" PRIVATE DEVICES' IN THE SECOND column and Annex No 5 FOR THE TRAVEL ACTIVITIES, "MASSIONAL, CONSUMPTION AND RESERVATION SERVICE '," TRAVEL AND PERSONAL SERVICE' AND "PRIVATE SERVICE 'IN THE SECOND column," PARTICIPATION' SHALL BE REPLACHED BY THE WORKER.
Amendment to the Energy Management Act
In Article 10 (5) of Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 177 / 2006 Coll. and Act No. 393 / 2007 Coll., the word "partial 'is replaced by" professional'.
Amendment of the Administrative Charges Act
In entry 22 of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 81 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 189 / 2008 Coll. and Act No. 206 / 2009 Coll., letters (j) and (k) read:
| „j) Podání žádosti o udělení autorizace podle zákona upravujícího ověřování a uznávání výsledků dalšího vzdělávání (oprávnění ověřovat dosažení odborné způsobilosti vyžadované k získání osvědčení o profesní kvalifikaci nebo profesních kvalifikacích) za každou kvalifikaci | Kč | 1 500 |
| k) Podání žádosti o prodloužení platnosti autorizace uvedené v písmenu j) | Kč | 500“. |
footnote 26a is deleted.
EFFECTIVE
This Act shall take effect on 1 April 2012.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 53 / 2012 Coll., amending Act No. 179 / 2006 Coll., on the Verification and Recognition of Result of Further Education and on the Amendment of Certain Laws (Act on Recognition of Result of Further Education), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.02.2012 |
|---|---|
| Effective from | 01.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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