Verifying Professional Eligibility - conditions for obtaining authorisation

28. 2. 2010 | Source: Ministry of Industry and Trade of The Czech Republic

The present document sets forth the conditions and further information for obtaining the authorisation to verify professional eligibility and application requirements.

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Conditions for granting a licence

Where the applicant for authorisation is a natural entity, the authorising body shall award them authorisation on the condition that they

  1. have full legal capacity,
  2. are persons of probity,
  3. they can demonstrate having attained professional eligibility corresponding to the given partial qualification,
  4. they can demonstrate at least 5 years of experience in the profession, the performance of which requires the same professional eligibility the applicant intends to verify on behalf of other entities, should the applicant be authorised for the relevant partial qualification,
  5. submit a solemn declaration that they are familiar with the current trends in the area of the partial qualification and its corresponding professions.
  6. demonstrate possession of the required material and technical capacity for conducting the exam specified under Article 18, pursuant to the assessment standard for the partial qualification concerned,
  7. can show that no bankruptcy has been declared against their assets during the past 5 years, no insolvency procedure has been initiated against them, they are not being wound up, no petition of bankruptcy has been rejected due to any insufficiency in the applicant’s assets, that no bankruptcy proceedings have been withdrawn following compliance with a settlement resolution, and no bankruptcy proceedings have been withdrawn on the grounds of the applicant’s assets being insufficient to cover the costs of the bankruptcy,
  8. have not, during the past 5 years, had any arrears in tax, has had no arrears in its insurance premiums or had outstanding fines on public health insurance or premiums or fines on social security or state employment contributions,
  9. have applied for authorisation covering specific qualification for which a qualification and assessment standard has been specified.

Where the applicant for authorisation is a legal entity, the authorising body shall award them authorisation on the condition that

  1. the applicant’s business is related to the relevant partial qualification,
  2. they can demonstrate possession of the required material and technical capacity for conducting the exam specified under Article 18, pursuant to the assessment standard for the partial qualification concerned,
  3. they appoint, from amidst their members, associates, executives, members of their bodies, employees or other persons who are in an employment or other contractual relationship to them, at least one natural person for whom they demonstrate compliance with the conditions stipulated under Article 10(1)(a) to (e) and provided that the said person carries out the activity of an authorised person as the authorised representative on behalf of the applicant,
  4. no bankruptcy has been declared against the assets of the applicant during the past 5 years, no insolvency procedure has been initiated against them, the applicant is not being wound up, no petition of bankruptcy has been rejected due to any insufficiency in the applicant’s assets, that no bankruptcy proceedings have been withdrawn following compliance with a settlement resolution and no bankruptcy proceedings have been withdrawn on the grounds of the applicant’s assets being insufficient to cover the costs of the bankruptcy,
  5. the applicant has not, during the past 5 years, had any arrears in tax, has had no arrears in its insurance premiums or had outstanding fines on public health insurance or premiums, or fines imposed on social security or state employment contributions,
  6. the person(s) executing the functions of the statutory body or who is a member of the statutory body of the applicant, are persons of probity (Article 10( 2),
  7. the applicant has applied for authorisation covering a partial qualification for which a qualification and assessment standard has been specified.

Application requirements

The request must be made in writing.

Requirements connected to the provision of services by a provider from a different Member State

Where the applicant is not a Czech national, they may demonstrate compliance with the requirement for probity by submitting a corresponding document (not older than 3 months) issued by the relevant body of the applicant’s country of origin or a state in which they worked for at least 3 consecutive months during the last 3 years. Where serious reasons mean that the relevant documents cannot be provided, they may be replaced by a solemn declaration.

Further information on licence proceedings

Type of licence

  • Authorisation granted by the authorising body

Respective authority

  • A public authority – depending on the type of professional eligibility

Control and supervisory bodies

  • Ministry of Education, Youth and Sport;
  • Ministry of Labour and Social Affairs

Procedure for granting a licence

  • The authorising body shall decide on the authorisation based on a written request. The applicant shall be entitled to claim authorisation provided that they comply with all the statutory conditions pursuant to the Act on the verification and acknowledgement of results of further education.

Application clearing deadline

  • Within 30 days of the launch of proceedings

Fees

  • The award of the authorisation is subject to an administrative fee pursuant Act No. 634/2004 Coll., on Administrative Fees,
  • The fee amounts to CZK 1500 for each type of qualification the applicant seeks to verify

Validity period of licence

  • Authorisation is granted for 5 years. The term may be repeatedly renewed for further 5-year periods providing an application is submitted at least 3 months before the expiry date of the authorisation. The authorisation renewal proceedings shall be properly subject to provisions of the Act on the verification and acknowledgement of results of further education.

Related legal regulations

  • Act No. 561/2004 Coll. the Education Act
  • Act No. 111/1998 Coll., on higher education
  • Act No. 435/2004 Coll., on employment
  • Act No. 634/2004 Coll., on administrative fees
  • Act No. 500/2004 Coll. the Administrative Code
  • Act No. 150/2002 Coll. the Code of Administrative Procedure
  • Act 262/2006 Coll. the Labour Code
  • Government Regulation No. 689/2004 Coll., on the system of educational fields in elementary, secondary and higher vocational education

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