Procedures for the Provision of Temporary Professional Services in a Profession Regulated in the Republic of Latvia

Issued pursuant to
Section 36, Clause 9
of the law On the Regulated Professions
and the Recognition of Professional Qualifications

I. General Provisions

1. The Regulation prescribes the professions regulated in the Republic of Latvia in which a service provider which is providing temporary professional services in the profession regulated in the Republic of Latvia or in a part of professional activities of the regulated profession (hereinafter - the temporary services):

1.1. has an obligation to submit a declaration on the provision of temporary professional services (hereinafter - the declaration), and also shall determine the content to be included in the declaration, the documents to be appended thereto, the procedures for the submission, examination, and renewal of the declaration;

1.2. may carry out an aptitude test as well as determine the procedures for carrying out such a test;

1.3. has an obligation to provide the information specified in Section 42, Paragraph ten of the law On the Regulated Professions and the Recognition of Professional Qualifications to the recipient of the service.

2. The Regulation shall not apply to the following cases:

2.1. if other procedures for the recognition of a professional qualification obtained in foreign countries have been laid down in the international agreements binding on the Republic of Latvia;

2.2. if a person who commences the provision of the temporary services for the first time (hereinafter - the applicant) submits an application for the receipt of a permit for the provision of the temporary services (hereinafter - the permit) 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.

II. Declaration and Documents to be Appended Thereto, and also the Procedures for the Submission, Examination, and Renewal of the Declaration

3. In commencing the provision of the temporary services for the first time in the professions referred to in Annex 1 to this Regulation, the applicant shall notify thereof the authority which issues the professional qualification recognition certificates obtained in foreign countries in the relevant regulated profession (hereinafter - the recognition authority) by submitting the following documents in person, sending by post, or electronically (if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up and circulation of electronic documents):

3.1. the declaration (Annex 2) which has been completed in the official language;

3.2. a copy of a personal identification document;

3.3. a copy of the document certifying the nationality of the applicant and translation of such document in the official language;

3.4. documents certifying education and professional qualification corresponding to the profession indicated in the declaration (originals or certified copies), and translation of such documents in the official language;

3.5. documents (originals) issued by the competent authorities of the country of legal status which certify the right of the applicant to carry out professional activity in the relevant profession or in a part of the professional activities of the regulated profession if the applicant wants to provide such temporary services, and translation of such documents in the official language;

3.6. a document issued by the competent authorities of the country of legal status which certifies that the right of the person to carry out professional activity in the profession referred to in Paragraph 2, 3, 7-14, 17-151, 155-157, or 159 of Annex to this Regulation in which temporary services will be provided is not prohibited or restricted and translation of such document in the official language;

3.7. if the profession or the education necessary for the acquisition thereof in the country of legal status is not regulated - a document which certifies that the applicant has carried out professional activity in the relevant profession in the country of legal status of the applicant or in another European Union Member State, or a state of the European Free Trade Association for at least one year during the last 10 years in total, and translation of such document in the official language.

4. In accordance with Section 10, Paragraph four of the Official Language Law, the recognition authority may accept the declaration in a foreign language and the documents referred to in Paragraph 3 of this Regulation without translation in the official language.

5. The documents referred to in Sub-paragraph 3.3 of this Regulation shall be submitted if the nationality of the applicant has not been indicated in the personal identification document referred to in Sub-paragraph 3.2 of this Regulation.

6. The documents referred to in Sub-paragraph 3.6 of this Regulation shall be valid for submission to the recognition authority three months from the day of the issuance thereof.

7. If the temporary services are provided within the scope of the co-operation agreement between a State university hospital of a European Union Member State or a state of the European Economic Area and a clinical university hospital of Latvia or between a veterinary medicine practice institution of a European Union Member State or a state of the European Economic Area or a veterinary medicine practice institution of a university and the Faculty of Veterinary Medicine of the Latvia University of Life Sciences and Technologies or a veterinary medical practice institution, the applicant need not submit the documents referred to in Sub-paragraphs 3.4, 3.5, 3.6, and 3.7 of this Regulation.

8. The recognition authority shall examine the declaration and appended documents of the applicant. If the declaration has been completed correctly and all the necessary documents have been appended thereto, the recognition authority shall inform the applicant thereof. If the declaration has not been completed in accordance with the requirements referred to in Paragraph 3 of this Regulation or all the documents referred to in Paragraph 3 of this Regulation have not been submitted, the recognition authority may request that the applicant eliminates the deficiencies detected. Upon receipt of an updated or supplemented declaration and the set of documents appended thereto from the applicant, the recognition authority shall perform re-examination.

9. If the declaration has been submitted for the provision of temporary professional services in the professions referred to in Paragraphs 1, 2, 3, 14, and 158 of Annex 1 to this Regulation, the recognition authority shall inform the applicant that he or she has an obligation to provide the information specified in Section 42, Paragraph ten of the law On the Regulated Professions and the Recognition of Professional Qualifications to the recipient of the service.

10. A provider of the temporary services shall, without delay, renew the declaration in the cases specified in Section 42, Paragraph three of the law On the Regulated Professions and the Recognition of Professional Qualifications. Only such documents shall be appended to a repeat declaration which contain changes in comparison to the documents appended to the previous declaration or for which the term of validity has expired.

11. If a provider of the temporary services has indicated in the declaration that it has provided the temporary services in the previous year, the recognition authority shall, within one month from the day of receipt of the declaration, assess whether its professional activity conforms to that specified in Section 42, Paragraph one of the law On the Regulated Professions and the Recognition of Professional Qualifications for the nature of the temporary services in respect of the duration, frequency, regularity, and continuity of the provision of services.

III. Professions in which Aptitude Test May be Carried out and Procedures for the Carrying out of the Aptitude Test

12. The regulated professions in which professional activity is related to the health and safety of a recipient of services and in which the recognition authority may carry out an aptitude test of the applicant have been specified in Paragraphs 2, 7-14, 18, 31, 33, 35-44, 49, 51, 54, 55, 59-61, 63, 65-68, 70-74, 78, 84, 85, 88, 90-107, 110-116, 118-130, 133-138, and 141-150 of Annex 1 to this Regulation.

13. If the applicant is planning to provide the temporary service in any of the professions referred to in Paragraph 12 of this Regulation or in a part of professional activities of the relevant profession, however, his or her education and professional qualification is different from the requirements laid down for the relevant regulated profession in the laws and regulations of the Republic of Latvia, the recognition authority shall, in accordance with Paragraph 15 of this Regulation, take the decision to apply the aptitude test and, if evaluation of the results of the aptitude test is positive, to issue a permit. If evaluation of the results of the aptitude test is negative, the recognition authority shall take the decision to refuse to issue a permit.

14. If the recognition authority does not notify the decision referred to in Paragraph 13 of this Regulation to issue a permit or to refuse to issue a permit within the time period specified in Section 42, Paragraph seven of the law On the Regulated Professions and the Recognition of Professional Qualifications or does not notify, in accordance with the procedures laid down in the Administrative Procedure Law, of the extension of the time period for taking of a decision for a time period which does not exceed four months from the day of receipt of the declaration, or does not notify the decision within this time period, the applicant may commence the provision of the temporary services.

15. The decision on the aptitude test shall be notified to the applicant in writing within two weeks from the day of receipt of the declaration and the documents appended thereto if, in comparing with the requirements laid down for the relevant regulated profession in the Republic of Latvia, the following differences have been established in the qualification documents submitted by the applicant in relation to the duration, content of education acquired by the applicant and in the extent of the professional experience thereof:

15.1. the qualification documents of the applicant do not confirm that subjects (study courses) which, in accordance with the requirements laid down for the relevant regulated profession in the laws and regulations of the Republic of Latvia, are mandatory for obtaining the relevant professional qualification have not been acquired;

15.2. the qualification documents of the applicant confirm that a non-regulated educational programme has been acquired, the relevant profession is not regulated in the country of legal status of the applicant, and the applicant has not acquired professional experience of at least one year in this profession within the last 10 years.

16. The recognition authority shall take the decision on the aptitude test if the lacking acquisition of the subjects (study courses) and professional experience referred to in Paragraph 15 of this Regulation are not compensated by the knowledge acquired in professional experience, further education, and vocational in-service training, certified by the competent authorities of the country of legal status of the applicant.

17. The following information shall be indicated in the decision on the aptitude test:

17.1. the content and extent of the knowledge, skills, and competencies to be determined in the aptitude test;

17.2. the institution in the Republic of Latvia in which the applicant may take the aptitude test;

17.3. the procedures for the course of the aptitude test;

17.4. the evaluation criteria of the aptitude test;

17.5. the place and time of the aptitude test;

17.6. the payment for the aptitude test in accordance with the procedures laid down in the laws and regulations by which the applicant shall cover the expenses related to the aptitude test for the provision of the temporary services.

18. The recognition authority shall ensure the course of the aptitude test itself or reach an agreement with another authority on carrying out the aptitude test. The conformity of such knowledge, skills, and competences of the applicant with the requirements laid down for the regulated profession in the relevant laws and regulations shall be determined in the aptitude test the acquisition of which is not certified by the documents certifying the education and qualification of the applicant.

19. The recognition authority shall send the document certifying the results of the aptitude test to the applicant within five working days after the aptitude test. If the aptitude test is not carried out by the recognition authority then the authority which carried out the aptitude test shall send the document certifying the results of the aptitude test also to the recognition authority within two working days after the aptitude test.

IV. Information on the Provision of the Temporary Services

20. The foundation Academic Information Centre shall, in accordance with the procedures for the accounting, quality control, and provision of the State administration services laid down in the laws and regulations, and also the procedures by which institutions shall post the information on the Internet, ensure current information on the procedures for the provision of the temporary services in the regulated professions in the Republic of Latvia.

21. The ministry which, in accordance with the by-laws of the ministry, is the leading State administration institution in the field of policy corresponding to the regulated profession shall publish the substantiation on the Regulated Profession Database of the European Commission for the determination of each profession referred to in Paragraph 12 of this Regulation to be such regulated profession where the recognition authority may carry out the aptitude test of the applicant.

22. The recognition authority shall, in accordance with the procedures for the accounting, quality control, and provision of the State administration services laid down in the laws and regulations, and also the procedures by which institutions shall post the information on the Internet, publish information on the procedures for the provision of the temporary services in the relevant regulated profession.

23. The recognition authority shall register the declarations submitted and the permits issued. The recognition authority shall submit data on the number of declarations submitted and permits issued in the current year to the co-ordinator of the recognition of professional qualification by 1 December of the following year.

V. Closing Provision

24. Cabinet Regulation No. 168 of 28 March 2017, Procedures for the Provision of Temporary Professional Services in the Republic of Latvia in a Regulated Profession (Latvijas Vēstnesis, 2017, No. 66, 183; 2019, No. 37), is repealed.

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.

Prime Minister A. K. Kariņš

Minister for Education and Science I. Šuplinska

Annex 1
Cabinet Regulation No. 47
21 January 2021

Regulated Professions in the Republic of Latvia in which a Provider of Temporary Professional Services has an Obligation to Submit a Declaration on the Provision of Temporary Professional Services in which the Aptitude Test May be Performed for the Abovementioned Service Provider and in which the Abovementioned Service Provider has and Obligation to Provide the Information Specified in Section 42, Paragraph ten of the Law On the Regulated Professions and the Recognition of Professional Qualifications to the Recipient of the Service

Minister for Education and Science I. Šuplinska

Annex 2
Cabinet Regulation No. 47
21 January 2021

Declaration on the Provision of Temporary Professional Services

1.	Addressee of the declaration - institution which issues professional qualification recognition certificates in the relevant regulated profession
					(full name of the authority)
2.	Information on the submission of the declaration for the first time or re-submitted (mark as appropriate)				the declaration is submitted for the first time the declaration is re-submitted
3.	Given name, surname of the applicant
					(if according to the norms of the Latvian language entry of the given name and (or) surname of the person is different from the original spelling, the original form of the given name and surname in Latin alphabet transliteration shall be indicated)
4.	Citizenship
5.	Address where the reply should be sent (documents should be sent by using the official electronic address if the applicant has activated an e-address account)
6.	Telephone number
7.	E-mail address
8.	The name of the regulated profession1 in the original language
9.	The name of the regulated profession in the original language2
10.	The name of the regulated profession1 in the Latvian language
11.	The name of the part of the regulated profession in the Latvian language2
12.	The country of legal status (the country in which the applicant has the right to carry out permanent professional activity)
13.	The status of the profession in the country of legal status (mark as appropriate)				regulated non-regulated
14.	If the profession is regulated in the country of legal status of the applicant - the competent authority of the country of the legal status which is supervising the professional activity in the regulated profession
15.	Address, e-mail, telephone number of the competent authority referred to in Paragraph 14 of the declaration
16.	Professional association if the applicant belongs to any of the organisations specified in the laws and regulations regarding professional organisations of the European Union Member States and states of the European Free Trade Association the vocational education and qualification documents issued by which are recognised in the Republic of Latvia (where applicable)
17.	Address, e-mail, telephone number of the professional association referred to in Paragraph 16 of the declaration
18.	Information on insurance of the professional activity:
18.1.	the name and contact information of the insurer
18.2.	the date of expiry of the term of validity of the insurance contract
18.3.	the amount of insurance coverage
19.	A clinical university hospital shall, if the applicant is to provide temporary professional services within the scope of the co-operation agreement between a State university hospital of a European Union Member State or a state of the European Economic Area and a clinical university hospital of Latvia (where applicable)
20.	Information on that the applicant will provide temporary professional services within the scope of the co-operation agreement between a veterinary medicine practice institution of a European Union Member State or a state of the European Economic Area or a veterinary medicine practice institution of a university and the Faculty of Veterinary Medicine of the Latvia University of Life Sciences and Technologies or a veterinary medical practice institution (where applicable)
21.	Self-assessment of the knowledge of the Latvian language in conformity with the language proficiency levels specified in the Common European Framework of Reference for Languages3:
21.1.	comprehension:
21.1.1.	listening (mark as appropriate)				A1	A2	B1	B2	C1	C2
21.1.2.	reading (mark as appropriate)				A1	A2	B1	B2	C1	C2
21.2.	speaking:
21.2.1.	dialogue (mark as appropriate)				A1	A2	B1	B2	C1	C2
21.2.2.	monologue (mark as appropriate)				A1	A2	B1	B2	C1	C2
21.3.	writing (mark as appropriate)				A1	A2	B1	B2	C1	C2
22.	The list of documents appended to the declaration:
22.1.	details of the personal identification document (copy)									Number of pages
22.2.	details of the document (copy) certifying the nationality of the person and translation thereof in the official language if the nationality of the applicant is not indicated in the personal identification document referred to in Sub-paragraph 22.1 of the declaration									Number of pages
22.3.	documents certifying education and professional qualification4
	Name and number of the document		Issuing body	Degree or qualification obtained			Duration of the attained educational programme			Number of pages
1)
..
22.4.	documents certifying the right of the applicant to carry out professional activity in the regulated profession in the country of legal status, and translation of such documents in the official language4
	Name and number of the document						Issuing body			Number of pages
1)
..
22.5.	the document certifying that the right of the person to carry out professional activity in the regulated profession in which the professional activity is related to the health and safety of the recipient of the service is not prohibited or restricted, and details and translation of such document in the official language5									Number of pages
22.6.	documents certifying the duration and type of professional activity of the applicant (including professional activity lasting at least one year during the last 10 years in the relevant regulated profession in the country of legal status of the applicant or another European Union Member State, or a state of the European Free Trade Association, and details and translation of such documents in the official language6									Number of pages
22.7.	documents certifying the official language proficiency of the applicant for the performance of professional duties at appropriate level7, and details of such documents									Number of pages
22.8.	the document certifying the knowledge of the official language in accordance with the laws and regulations determining the amount of knowledge of the official language necessary for carrying out professional and official duties.8, and details of such document									Number of pages
23.	I confirm by signature the accuracy of the information provided and agree to the examination of the information provided, including to sending of personal data to the issuing bodies of documents9
24.	Date9

Notes.
¹ If the regulated profession has specialities, sub-specialities, or additional specialities, the entry shall be made in "speciality", "sub-speciality", or "additional speciality" accordingly and the corresponding name of the speciality, sub-speciality, or additional speciality shall be indicated.
² To be completed if the person is applying for the receipt of the permit for the provision of temporary professional services in a part of professional activities of the regulated profession.
³ To be completed if the declaration is submitted for the provision of temporary professional services in the professions referred to in Sub-paragraphs 17-151 of Annex 1 to Cabinet Regulation No. 47 of 21 January 2021, Procedures for the Provision of Temporary Professional Services in a Profession Regulated in the Republic of Latvia (hereinafter - the Cabinet Regulation). Need not be completed if the applicant is invited for the medical treatment of specific patients and a prior consent of the patients for the participation of an interpreter in the medical treatment has been received or if the applicant submits a document which certifies the proficiency of the official language in accordance with the laws and regulations which determine the amount of knowledge of the official language necessary for the performance of professional and official duties (Sub-paragraph 22.8 of the declaration).
⁴ Need not be completed in the case referred to in Paragraph 7 of the Cabinet Regulation.
⁵ To be completed if the declaration is submitted for the provision of temporary professional services in the professions referred to in Paragraphs 2, 3, 7-14, 17-151, 155-157, and 159 of Annex 1 to the Cabinet Regulation. Need not be completed in the case referred to in Paragraph 7 of the Cabinet Regulation.
⁶ To be completed if the profession or the education necessary for the acquisition thereof is not regulated in the country of legal status of the applicant.
⁷ To be completed if the declaration is submitted for the provision of temporary professional services in the professions referred to in Paragraphs 19-151 of Annex 1 to the Cabinet Regulation and Paragraph 21 of the declaration has been completed.
⁸ To be completed if the declaration is submitted for the provision of temporary professional services in the professions referred to in Paragraphs 19-151 of Annex 1 to the Cabinet Regulation and Paragraph 21 of the declaration has been completed. Need not be completed if the applicant is invited for the medical treatment of specific patients and a prior consent of the patients for the participation of an interpreter in the medical treatment has been received.
⁹ Paragraphs 23 and 24 of the declaration need not be completed if the document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Education and Science I. Šuplinska

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