Procedures for the Recognition of a Professional Qualification for Independent Professional Activity in the Republic of Latvia

Issued pursuant to
Section 36, Clauses 4 and 8 and Section 43,
aragraph one of the law On the Regulated Professions
and the Recognition of Professional Qualifications

1. This Regulation prescribes:

1.1. the procedures by which a person who has obtained a professional qualification in foreign states and who wishes to pursue independent professional activity in a profession regulated in the Republic of Latvia (hereinafter - the applicant) shall submit the documents necessary for the receipt of a certificate of recognition of professional qualification;

1.2. the procedures by which an information institution and an institution which issues certificates of recognition of professional qualification in regulated professions in the relevant field of activity (hereinafter - the institution issuing recognition certificates) shall examine the documents submitted by the applicant for recognition of a professional qualification for independent professional activity in a profession regulated in the Republic of Latvia, applying the general system for the recognition of professional qualification, the special system for the recognition of professional qualification, or recognition of professional qualification on the basis of the professional experience of the applicant;

1.3. the procedures by which the institution issuing recognition certificates shall take a decision to recognise or not recognise the professional qualification of the applicant;

1.4. samples of the documents related to the recognition of a professional qualification obtained in foreign states and the issuance of qualification recognition documents.

2. This Regulation shall not apply to cases if the applicant submits an application for recognition of a professional qualification in accordance with the laws and regulations determining the procedures for issuing the European Professional Card within the scope of the Internal Market Information System (hereinafter - the Information System).

3. The applicant shall submit the following to the information institution for recognition of a professional qualification and for receipt of a certificate of professional qualification:

3.1. a submission (Annex 1);

3.2. a copy of a personal identification document;

3.3. documents (copies) certifying education and professional qualification corresponding to the profession indicated in the submission;

3.4. documents (originals) issued by the competent authorities of the home country certifying the rights of the applicant to pursue professional activity in the relevant profession or professional experience in the home country in the regulated professions referred to in Section 47, Paragraph one of the law On the Regulated Professions and the Recognition of Professional Qualifications;

3.5. documents certifying performance of the payment referred to in the laws and regulations regarding the procedures by which the applicant shall cover the expenses related to recognition of professional qualification of a person.

4. The applicant may submit the documents referred to in Paragraph 3 of this Regulation to the information institution:

4.1. in person, presenting originals or notarially certified copies of the documents referred to in Sub-paragraphs 3.2 and 3.3 of this Regulation;

4.2. by post, appending notarially certified copies of the documents referred to in Sub-paragraphs 3.2 and 3.3 of this Regulation;

4.3. in the form of an electronic document, signing the submission by a secure electronic signature in accordance with the conditions referred to in the Electronic Documents Law. In such case the subsequent circulation of documents and information between the information institution and the applicant may take place electronically in accordance with the laws and regulations in the field of preparation, drawing up, storage and circulation of electronic documents.

5. The applicant shall submit documents for recognition of a professional qualification in the official language or in the original language together with a certified translation in the official language.

6. The information institution shall, within one month after receipt of the submission of the applicant, confirm its receipt and perform the first-time examination of the submission and documents appended thereto, verifying whether the applicant has submitted a completely filled-in submission and the documents referred to in Paragraph 3 of this Regulation.

7. If after the first-time examination referred to in Paragraph 6 of this Regulation the information institution detects that the submission has not been filled in completely or all the necessary documents for the recognition of a professional qualification have not been submitted, it shall inform the applicant regarding the deficiencies detected. Upon receiving an updated or supplemented submission and documents appended thereto from the applicant, the information institution shall perform repeated first-time examination referred to in Paragraph 6 of this Regulation.

8. If the submission of the applicant has been filled in completely and all the necessary documents have been submitted or the applicant considers the deficiencies indicated in Paragraph 7 of this Regulation eliminated, the information institution shall register the submission of the applicant in the register of the submitted and examined submissions (hereinafter - the register of submissions).

9. If necessary, the information institution with intermediation of the Information System shall address the relevant competent authorities of foreign states in order to verify the authenticity of the documents submitted by the applicant or to clarify other questions which are related to the content and duration of education obtained by the applicant, the obtaining of the professional qualification, and the right to pursue professional activity in the relevant regulated profession.

10. The information institution shall evaluate the submission of the applicant and the documents appended thereto and prepare a statement with a justified opinion on conformity of education and professional qualification of the applicant with the requirements laid down in the Republic of Latvia for the relevant regulated profession (hereinafter - the statement of the information institution).

11. If the applicant is applying for recognition of a professional qualification in the regulated profession which is referred to in Paragraphs 24, 26, 27, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 62, 63, 65, 66, 68, 69 of Annex 1 and Annexes 2 and 3 to Cabinet Regulation No. 460 of 6 June 2006, Regulations Regarding Professions Regulated by Lists of Specialities, Sub-specialities and Additional Specialities, the information institution shall verify whether information regarding the applicant has been published in the Information System as regards limited or prohibited rights for the person to pursue professional activity in another European Union Member State or state of the European Economic Area, and such information shall be included in the statement of the information institution. If necessary, the information institution shall request additional information from the competent authorities of other states with the intermediation of the Information System.

12. The information institution shall, within a month and a half after registration of the submission of the applicant with the register of submissions, forward the statement referred to in Paragraph 10 of this Regulation and the submission of the applicant with the documents appended thereto for examination and taking of a decision to the institution issuing recognition certificates.

13. The information institution has the right to extend the term for preparation and sending of the statement of the information institution referred to in Paragraph 12 of this Regulation by two weeks, if it is not possible to conform to it due to objective reasons.

14. The institution issuing recognition certificates shall verify the submission of the applicant received from the information institution, the documents appended thereto, as well as evaluate the information provided in the statement of the information institution, and shall take one of the decisions referred to in Paragraph 16, 18, or 20 of this Regulation within the time period specified in Section 43, Paragraph three of the law On the Regulated Professions and the Recognition of Professional Qualifications.

15. The institution issuing recognition certificates may attract experts for evaluation of the submission of the applicant and the documents appended thereto, if necessary.

16. If the documents submitted by the applicant confirm the conformity of education and professional qualification of the applicant with the requirements for recognition of a professional qualification laid down in the law On the Regulated Professions and the Recognition of Professional Qualifications, the institution issuing recognition certificates shall take a decision to recognise the professional qualification.

17. In the case referred to in Paragraph 16 of this Regulation the institution issuing recognition certificates shall prepare a certificate of recognition of professional qualification (Annex 2) or a document conforming to the requirements laid down in Section 41, Paragraph two of the law On the Regulated Professions and the Recognition of Professional Qualifications which certifies the rights of the applicant to pursue professional activity in the relevant regulated profession in the Republic of Latvia.

18. If the documents submitted by the applicant certify partial conformity of education and professional qualification of the applicant with the requirements laid down in the law On the Regulated Professions and the Recognition of Professional Qualifications for obtaining professional qualification in the relevant regulated profession and substantial differences are indicated in the statement of the information institution, the institution issuing recognition certificates shall take a decision:

18.1. to request such additional documents which certify acquisition of the necessary additional studies of specific content and duration, if the applicant wishes to pursue professional activity in the regulated profession specified in Section 49, Paragraph five of the law On the Regulated Professions and the Recognition of Professional Qualifications;

18.2. to determine an adaptation period or an aptitude test in accordance with the law On the Regulated Professions and the Recognition of Professional Qualifications, if the applicant wishes to pursue professional activity in a regulated profession in which professional qualification is recognised by applying the general system for the recognition of professional qualification or on the basis of professional experience of the applicant.

19. In the decisions referred to in Paragraph 18 of this Regulation the institution issuing recognition certificates shall indicate information regarding:

19.1. the institution (or institutions if it is possible to choose) in Latvia in which the applicant may obtain the additionally necessary education or take an aptitude test;

19.2. specialists in Latvia under whose supervision the applicant may work during the adaptation period;

19.3. the right of the applicant to choose the adaptation period or an aptitude test. If, in accordance with the laws and regulations in the field of recognition of professional qualification, the applicant does not have the right to choose, information regarding mandatory aptitude test or adaptation period and the justification for restricting such rights shall be indicated.

20. If the institution issuing recognition certificates takes a decision not to recognise the professional qualification, the content and duration of the additionally necessary education, information regarding the institution (or institutions if it is possible to choose) in Latvia in which such education may be obtained, and the procedures by which the applicant may immediately take tests in order to prove that he or she has the necessary knowledge for pursuing professional activity in the relevant regulated profession in the Republic of Latvia, shall be indicated in the decision.

21. If the applicant has fulfilled the requirements referred to in Paragraph 18 of this Regulation and submitted all the documents necessary for recognition of a professional qualification to the institution issuing recognition certificates, including documents certifying the fulfilment of the requirements referred to in Paragraph 18 of this Regulation, it shall, within one month from the day when all the documents necessary for recognition of a professional qualification have been submitted, evaluate the fulfilment of the abovementioned requirements and take a decision to recognise the professional qualification of the applicant.

22. The institution issuing recognition certificates shall send the decision referred to in Paragraphs 16, 18, and 20 of this Regulation to the applicant. If a decision to recognise the professional qualification has been taken, the applicant shall be informed regarding the time and place of receipt of the certificate of recognition of professional qualification, and a copy of the decision taken shall be sent to the information institution which shall register it with the register of submissions.

23. Exchange of information during the recognition process of a professional qualification of the applicant between the information institution and the institution issuing recognition certificates is implemented in accordance with the requirements of the Personal Data Protection Law.

24. The following is repealed:

24.1. Cabinet Regulation No. 188 of 22 April 2003, Regulations Regarding Documents Related to Recognition of Professional Qualification (Latvijas Vēstnesis, 2003, No. 63);

24.2. Cabinet Regulation No. 525 of 19 July 2005, Procedures for Recognition of Professional Qualifications to Perform Permanent Professional Activities in the Republic of Latvia (Latvijas Vēstnesis, 2005, No. 115).

Informative Reference to European Union Directives

This Regulation contains legal norms arising from:

1) Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications;

2) Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation).

Prime Minister Māris Kučinskis

Minister for Education and Science Kārlis Šadurskis

Annex 1
Cabinet Regulation No. 827
20 December 2016

Submission for Obtaining a Certificate of Recognition of Professional Qualification

Notes:

1. * If the regulated profession has specialities, sub-specialities or additional specialities, the relevant name in "speciality", "sub-speciality" or "additional speciality" and the corresponding name of the speciality, sub-speciality or additional speciality shall be entered.

2. A submission submitted in electronic form shall be signed by a secure electronic signature in accordance with the conditions referred to in the Electronic Documents Law. Paragraphs 18 and 19 of the submission shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Education and Science Kārlis Šadurskis

Annex 2
Cabinet Regulation No. 827
20 December 2016

Sample Certificate of Recognition of Professional Qualification

Notes.

1. * If according to the norms of the Latvian language the entry of the given name or surname is different from its original form, the original form of the given name and surname in Latin transliteration shall be entered in the following row in brackets.

2. ** If the regulated profession has specialities, sub-specialities or additional specialities, the relevant name in "speciality", "sub-speciality" or "additional speciality" and the corresponding name of the speciality, sub-speciality or additional speciality shall be entered.

3. The certificate of recognition of professional qualification is on one page of A4 format (210 x 297 mm).

4. Text in the sample form of recognition of professional qualification is printed, and it is identical in all certificates.

5. The information indicated in angled brackets shall be entered or printed on a case-by-case basis.

6. Technical specifications for the preparation of a sample form of the certificate of recognition of professional qualification (for example, paper brand, colour, protective netting, type of printing) shall be determined by the Minister for Education and Science.

Minister for Education and Science Kārlis Šadurskis

Translation © 2017 Valsts valodas centrs (State Language Centre)