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. This Regulation prescribes:

1.1. the content to be included in the declaration on the provision of temporary professional services in a profession regulated in the Republic of Latvia (hereinafter - the temporary services), the documents to be appended thereto, the procedures for submitting, examining, and updating the declaration;

1.2. the professions regulated in the Republic of Latvia in which an aptitude test is applied to a provider of the temporary services, as well as the procedures for carrying out such test.

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

2.1. if other procedures for the recognition of a professional qualification acquired in foreign countries are specified in the international agreements binding to 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 in accordance with the laws and regulations laying down the procedures for issuing the European Professional Card within the scope of the Internal Market Information System (hereinafter - the Information System).

3. The regulated professions in which a non-qualified provider of the temporary services may endanger the health and safety of the recipient of services and in which an institution which issues the professional qualification recognition certificates in the relevant regulated profession (hereinafter - the recognition institution) may apply an aptitude test to the applicant are determined:

3.1. in Annex 1 to this Regulation;

3.2. in Section 34, Paragraph one, Clause 2, Sub-clauses "b", "c", "d", "e", and "f" of the law On the Regulated Professions and the Recognition of Professional Qualifications, if the medical education and professional qualification obtained by the applicant does not conform to the minimum requirements of programmes for the acquisition of qualification in the regulated professions in the field of health care.

II. Content Included in the Declaration on the Provision of the Temporary Services, Procedures for Submitting and Examining It

4. Upon commencing the provision of the temporary services for the first time, the applicant shall notify the recognition institution thereof by submitting the following documents in person, sending them by post or electronically (if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up and handling of electronic documents):

4.1. the declaration referred to in Annex 2 to this Regulation on the provision of the temporary services which has been completed in the official language;

4.2. a copy of a personal identification document;

4.3. a copy of the document certifying the nationality of the applicant by appending translation of the document in the official language;

4.4. the documents certifying the education and professional qualification corresponding to the profession indicated in the declaration (originals or certified copies), or derivatives of notarially certified relevant documents (true copies, extracts, or copies) by appending translation of the document in the official language;

4.5. the documents (originals) of the competent authorities of the home country or notarially certified derivatives of the relevant documents (true copies, extracts, or copies) which certify the right of the applicant to pursue professional activities in the relevant profession by appending translation of the documents in the official language;

4.6. the document issued by the competent authorities of the home country which certifies that the right to pursue professional activities in the profession in which the temporary services (Annex 1) will be provided has not been deprived or restricted for the person by appending translation of the document in the official language;

4.7. if the profession or the education necessary for its acquisition in the home country of the applicant is not regulated, a document or a notarially certified derivative of the relevant document (true copy, extract, or copy) which certifies that the applicant has pursued professional activities in the relevant regulated profession in the home country of the applicant or in another European Union Member State, or a state of the European Economic Area for at least one year during the last 10 years in total by appending translation of the documents in the official language;

4.8. in the regulated professions specified in Section 34, Paragraph one, Clause 2, Sub-clauses "b", "c", "d", "e", and "f" of the law On the Regulated Professions and the Recognition of Professional Qualifications and in Paragraphs 5-31 of Annex 1 to this Regulation - the document which certifies the knowledge of the official language in accordance with the laws and regulations laying down the extent of the knowledge of the official language necessary for carrying out professional and official duties (except in cases when the applicant is invited for medical treatment of specific patients and a prior consent to the participation of an interpreter in medical treatment has been received from the patients);

4.9. the document issued by the competent authority of the home country of the applicant which certifies the duration and type of professional activities of the applicant in the regulated profession in which the temporary services will be provided, by appending translation of the document in the official language, in the following regulated professions:

4.9.1. in the professions in which the professional qualification is recognised in accordance with the laws and regulations laying down the duration and type of professional experience in such fields of activities in which requirements have been brought forward in relation to the general, commercial, or professional knowledge and skills of the applicant;

4.9.2. in the professions specified in Annex 1 to this Regulation;

4.10. the documents which certify insurance of the professional activities by appending translation of the documents in the official language.

[12 September 2017]

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

6. The documents referred to in Sub-paragraphs 4.5, 4.6, and 4.10 of this Regulation are valid for submission to the recognition institution three months from the day of their issuance.

7. The documents referred to in Sub-paragraph 4.3 of this Regulation shall be submitted, if the nationality of the applicant is not indicated in the personal identification document referred to in Sub-paragraph 4.2 of this Regulation.

8. The recognition institution 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 institution shall inform the applicant thereof. If the declaration has not been completed in accordance with the requirements referred to in Paragraph 4 of this Regulation or all the documents referred to in Paragraph 4 of this Regulation have not been submitted, the recognition institution shall 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 institution shall perform re-examination.

9. If necessary, the recognition institution shall address the relevant foreign competent authorities, including with the intermediation of the Information System, in order to ascertain the authenticity of the documents submitted by the applicant or to ascertain other issues which are related to the content and duration of education acquired by the applicant, acquisition of professional qualification, and the right to pursue professional activities in the relevant regulated profession.

III. Taking of the Decision to Provide the Temporary Service and Procedures for Performing an Aptitude Test

10. The recognition institution shall take the decision not to apply the aptitude test and to issue a permit in the following cases:

10.1. if the applicant is planning to provide the temporary service in any of the professions referred to in Paragraph 3 of this Regulation and the education and professional qualification of the applicant conforms to the requirements brought forward for the relevant regulated profession in the Republic of Latvia;

10.2. the education and professional qualification of the applicant conforms to the requirements laid down in the second sentence of Section 42, Paragraph six of the law On the Regulated Professions and the Recognition of Professional Qualifications.

11. If the applicant is planning to provide the temporary service in any of the professions referred to in Paragraph 3 of this Regulation, however, his or her education and professional qualification is different from the requirements brought forward for the relevant regulated profession in the Republic of Latvia, the recognition institution shall 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 institution shall take the decision to refuse to issue a permit.

12. If the recognition institution does not notify the decision referred to in Paragraph 10 or 11 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 three months from the day of receiving the declaration, or does not notify the decision within this time period, the applicant may commence the provision of the temporary services.

13. The decision on the aptitude test shall be notified to the applicant in writing within two weeks from the day of receiving the declaration and the documents appended thereto, if, upon comparing with the requirements laid down for the relevant profession regulated in the Republic of Latvia, the qualification documents submitted by the applicant confirm the following differences in duration, content of education obtained by the applicant and in the extent of professional experience:

13.1. the level of education obtained by the applicant is lower by at least one level specified in Section 44, Paragraph two of the law On the Regulated Professions and the Recognition of Professional Qualifications and the total duration of acquisition of full-time education is at least one year shorter in comparison to the requirements laid down for the relevant profession regulated in the Republic of Latvia;

13.2. qualification documents of the applicant do not confirm the acquisition of essential study subjects (study courses) which are mandatory for the acquisition of the relevant professional qualification in the Republic of Latvia;

13.3. the profession regulated in the Republic of Latvia in which the applicant is planning to provide the temporary services includes at least one or several regulated professional activities which are not part of a regulated profession of such name or a non-regulated profession in which the applicant pursues permanent professional activities in its home country, and the specific extent of theoretical education and education to be acquired in practice conforms to the pursuit of such activities;

13.4. qualification documents of the applicant confirm acquisition of a non-regulated educational programme, the relevant profession is not regulated in the home country of the applicant, and the applicant has not had professional experience of at least one year in this profession within the last 10 years.

14. The recognition institution shall take the decision on the aptitude test, if the lacking theoretical knowledge and practical skills referred to in Sub-paragraphs 13.2 and 13.3 of this Regulation are not compensated by knowledge, further education, and professional development education, acquired in professional experience, certified by the competent authorities of the residence country of the applicant.

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

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

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

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

15.4. the evaluation criteria of the aptitude test;

15.5. the place and time of the aptitude test.

16. The recognition institution shall ensure the course of the aptitude test itself or reach an agreement with another institution regarding the performance of 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 confirmed by the documents certifying the education and qualification of the applicant.

17. The recognition institution shall send the document certifying the results of the aptitude test to the applicant within two working days after the aptitude test. If the aptitude test is not performed by the recognition institution, the document certifying the results of the aptitude test shall be sent to the recognition institution by the institution which performed the aptitude test within two working days after the aptitude test.

IV. Procedures for Updating the Declaration and Examining the Updated Declaration

18. A provider of the temporary services shall, without delay, update the declaration on the provision of the temporary services 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 on the provision of the temporary services which contain changes in comparison to the documents appended to the previous declaration or for which the term of validity has expired.

19. Upon updating the declaration on the provision of the temporary services, the provider of the temporary services shall, in addition to the information referred to in Paragraph 4 of this Regulation, also indicate the date when the previous declaration was submitted or a permit to provide the temporary services was issued.

20. If the applicant has indicated in the declaration that he or she has provided the temporary services in the previous year, the recognition institution shall, within one month from the day of receipt of the declaration, assess the conformity of the services provided with the temporary or occasional professional activities. If the recognition institution comes to a conclusion that professional activities of the provider of the temporary services in the Republic of Latvia in the previous period do not conform to the characteristics of the temporary services specified in Section 42, Paragraph one of the law On the Regulated Professions and the Recognition of Professional Qualifications, it shall inform the provider of the temporary services thereon (electronically or in the form of a printed document), justify its conclusions, and recommend the provider of the temporary services to commence the recognition process of professional qualification for permanent professional activities in the regulated profession within three months from the day of receipt of the assessment.

V. Information on the Provision of the Temporary Services

21. The recognition institution shall publish information on its website about the procedures for providing the temporary services in the relevant regulated profession.

22. The recognition institution shall register the declarations submitted for the provision of the temporary services in the regulated professions, as well as the permits issued for the provision of the temporary services in the regulated professions. The recognition institution 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.

VI. Closing Provisions

[12 September 2017]

23. Cabinet Regulation No. 818 of 28 July 2009, Regulations Regarding Provision of Temporary Professional Services in the Republic of Latvia in a Regulated Profession (Latvijas Vēstnesis, 2009, No. 121), is repealed.

24. Amendment to Paragraph 5 of Annex 2 to this Regulation providing that documents must be sent to the applicant to the official electronic mail, if an account of the official electronic address has been activated for the applicant, shall come into force on 1 June 2018.

[12 September 2017 / The abovementioned amendment will be included in the wording of the Regulation on 1 June 2018]

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 Māris Kučinskis

Minister for Education and Science Kārlis Šadurskis

Annex 1
Cabinet Regulation No. 168
28 March 2017

Professions Regulated in the Republic of Latvia, their Specialities and Sub-specialities in which an Aptitude Test shall be Applied to the Provider of Temporary Professional Services

Minister for Education and Science Kārlis Šadurskis

Annex 2
Cabinet Regulation No. 168
28 March 2017

Declaration on the Provision of the Temporary Services in a Regulated Profession

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 additional speciality shall be indicated.

² If the profession in which the person is applying for receipt of a permit for the provision of the temporary services, or education necessary for its acquisition in the home country of the applicant is not regulated.

³ If the profession in which the person is applying for receipt of a permit for the provision of the temporary services is one of the regulated professions specified in Paragraphs 5-31 of Annex 1 to Cabinet Regulation No. 168 of 28 March 2017, Procedures for the Provision of Temporary Professional Services in a Regulated Profession in the Republic of Latvia.

⁴ Paragraphs 26 and 27 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 Kārlis Šadurskis

Translation © 2018 Valsts valodas centrs (State Language Centre)