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CZECH CHAMBER OF CHARTERED ENGINEERS AND TECHNICIANS IN CONSTRUCTION

DIRECTIVE ON RECOGNITION OF PROFESSIONAL QUALIFICATION OF A PERSON ESTABLISHED OR ON VERIFICATION OF PROFESSIONAL QUALIFICATION OF A VISITING PERSON

Section 1

The present Guideline on the recognition of professional qualifications of established persons and on the verification of professional qualifications of visiting persons is based on Act No. 18/2004 Coll., concerning the recognition of professional qualifications and other capacities of nationals of EU Member States and certain nationals of other countries, as amended (hereinafter referred to as the “Recognition Act”), and on Act No. 360/1992 Coll., on the pursuit of the chartered architect profession and the chartered engineer and technician active in construction profession (hereafter referred to as the “Authorisations Act”), and it regulates certain matters related to the procedure adopted by the Czech Chamber of Chartered Engineers and Technicians Active in Construction (hereinafter referred to as the “Chamber") when recognising or verifying the professional qualifications of the persons listed in Section 1(2) of the Recognition Act where such persons intend to engage in selected construction-related activities within the territory of the Czech Republic pursuant to Section 158 of Act No. 183/2006 Coll., Construction Act, using any of the methods provided for under Section 14(1) of the Authorisations Act (hereinafter referred to as the “selected activities”), except for where the applicants intend to obtain an authorisation to engage in the selected activities in the relevant field by taking a proficiency test pursuant to Section 7 of the Authorisations Act.

Section 2

In order to engage in the selected activities in the territory of the Czech Republic, it is necessary to apply to the Chamber for recognition of professional qualification and for enrolment in the list of registered persons (established persons, Section 30a(3) of the Authorisations Act), or notify the pursuit of the selected activities (visiting persons, Section 30a(4) of the Act).

Section 3

Application for recognition of professional qualification and enrolment in the list of registered persons

1. An applicant for the established person status shall submit an application for recognition of their professional qualification and the related application for enrolment on the list of registered persons pursuant to Section 23(6)(e) of the Authorisations Act (hereinafter referred to as the “Application”) in the Czech language, using the prescribed form available at the Chamber’s website.
2. The Application and the annexes thereto must contain the essentials and particulars listed under Section 22 of the Recognition Act and under Section 30i of the Authorisations Act, yet the applicant is not obliged to submit proof of the professional liability insurance they have taken out as long as the Chamber’s decision on the Group professional liability insurance covering the damage caused in association with the Group member’s professional activity still applies.
3. In addition to the essentials listed in paragraph 2, the Application must further include:
   1. academic degree, as well as any degrees in science and education,
   2. permanent residence in the country of origin and delivery address for written correspondence in the Czech Republic,
   3. delivery email address and phone number
4. In addition to the annexes (documents) listed in paragraph 2, the following must be attached to the Application:
   1. document authorising the Applicant to engage in the selected activities, issued by a state authority or a State-authorised body in the Applicant’s country of origin or, if the activity in question is not regulated in the State of origin, proof that the applicant has pursued the activity in question for at least 1 year in the previous 10 years, the document being issued by an authorized authority (institution), employer or in the form of an affidavit,
   2. professional curriculum vitae confirmed by an authority recognised as an objective body (institution) in the country of origin,
   3. proof of a change of surname if the latter differs from that indicated in the documents attached to the Application,
   4. proof of payment of the Application fee of CZK 2,000; the fee is paid to the Chamber
5. “Relevant activity”, within the meaning of Section 22(5) of the Recognition Act, denotes any of the selected activities.
6. Pursuant to Section 22(5) of the Recognition Act, the Chamber may require that the Applicant submit a declaration on their honour if the Chamber has any suspicion regarding the information provided in the document attesting to the Applicant’s pursuit of the respective activity as specified under the second sentence of this provision.
7. An applicant for the established person status shall submit the original of the document referred to under Section 22(3)(a) of the Recognition Act to the Chamber for consultation.
8. The documents annexed to the Application must be translated into Czech by a translator enrolled in the list of translators maintained by the relevant Regional Court.
9. The document proving the integrity of an Applicant for the established person status (Section 30k of the Authorisations Act) must not be more than 3 months only and it shall not be made available by the Chamber in paper or electronic form.
10. The Application and the attached documents may be sent electronically
    1. by e-mail to ckait@ckait.cz with a qualified electronic signature,
    2. data box for DS ID: krvaigt.
    whereas documents, which must be officially verified in paper form (Section 22 of Act No. 18/2004 Coll., on the recognition of professional qualifications), are sent in authorized conversion (Section 22 of Act No. 300/2008 Coll., on electronic acts and authorized document conversion).

Section 4

Notification of the pursuit of the selected activities in the territory of the Czech Republic

1. A visiting person who wishes to pursue the selected activities in the construction sector in the territory of the Czech Republic must submit a notification thereof (hereinafter referred to as the “Notification“) to the Chamber in writing, in the Czech language, using the form available at the Chamber’s website.
2. The Notification must contain the essentials listed under Section 36a(4) of the Recognition Act, with the documents listed under Section 36a(5) of the Recognition Act appended thereto.
3. In addition to the essentials listed under paragraph 2, the Notification must further include:
   1. academic degree, as well as any degrees in science and education,
   2. permanent residence in the country of origin and delivery address for written correspondence in the Czech Republic,
   3. delivery email address and phone number
4. In addition to the annexes (documents) listed under paragraph 2, the following must be attached to the Notification:
   1. document authorising the applicant to pursue the selected activities, issued by a state authority or a State-authorised body in the applicant’s country of origin or, if the activity in question is not regulated in the State of origin, proof that the applicant has pursued the activity in question for at least 1 year in the previous 10 years, the document being issued by an authorized authority (institution), employer or in the form of an affidavit,
   2. professional curriculum vitae confirmed by an authority recognised as an objective body (institution) in the country of origin,
   3. proof of a professional liability insurance policy taken out covering any damage caused during the pursuit of the respective activity in the territory of the Czech Republic, which must remain valid at least during the term of the registration, or a confirmation from the employer who employs the applicant, to the effect that the respective activity is covered by a general liability insurance policy for entrepreneurs valid in the territory of the Czech Republic
   4. proof of a change of surname if the latter differs from that indicated if the documents attached to the Notification,
   5. proof of payment of the Notification fee, which amounts to CZK 2,000; the fee is paid to the Chamber
5. Notification must also contain a detailed specification of the activity which is to be the subject matter of the performance of the regulated activity of the person who submits the notification (hereinafter referred to as the “Notifier”), and shall do so to the necessary extent for the recognising authority to assess the necessity and scope of verification of the Notifier’s professional qualifications and the temporary and occasional nature of the activity in question. Notification must also specify the anticipated start and end of the performance of the reported selected activity.
6. In the Notice, the Notifier must demonstrate that the regulated activity specified therein fulfils the characteristics of a temporary and occasional nature.
7. The facts asserted in relation to the assessment of the necessity and scope of the verification of professional qualifications and to proving fulfilment of the characteristics of the temporary and occasional nature of the activity in question can be demonstrated, for example, by detailed specification of the activity in question (e.g. by defining the work, project or construction) and a time schedule of the Notifier’s involvement in the activity in question. If the regulated activity specified in the Notification is connected to the subject matter of a public contract and the facts asserted in relation to the assessment of the necessity and scope of the verification of professional qualifications and to proving fulfilment of the characteristics of the temporary and occasional nature of the activity in question can be ascertained from the public contract’s tender documentation, the Notifier can substantiate these facts by referring to the tender documentation.
8. If the Chamber finds that the submitted materials are insufficient for assessing the necessity and scope of the verification of professional qualifications and for proving fulfilment of the characteristics of the temporary and occasional nature of the activity specified in the Notification, it can request that the Notifier submit further required documentary evidence. The Chamber shall ensure that no unreasonable differences arise during this procedure in similar cases.
9. A document proving the Notifier’s integrity within the sense of Section 30k(1) of the Authorisations Act must be annexed to the Notification.
10. The Application and the attached documents may be sent electronically
    1. by e-mail to ckait@ckait.cz with a qualified electronic signature,
    2. data box for DS ID: krvaigt.
    whereas documents, which must be officially verified in paper form (Section 22 of Act No. 18/2004 Coll., on the recognition of professional qualifications), are sent in authorized conversion (Section 22 of Act No. 300/2008 Coll., on electronic acts and authorized document conversion).

Section 5

Verification of professional qualification

In accordance with the provisions of Sections 24 and 36b of the Recognition Act, the Chamber may verify the applicant’s professional qualification and, where justified, decide to grant to the applicant an opportunity to demonstrate their knowledge of any missing theoretical and practical areas by either of the two compensatory mechanisms below. An applicant who seeks recognition of their professional qualification as an established person may choose between a differential exam and an adaptation period. Applicants applying for registration as visiting persons only have the option of taking the differential exam.

1. Differential exam:
   1. A differential exam has a written and an oral part. The applicant is assessed separately on each of the parts. The result of the exam is either “passed” or “not passed”. In order to be admitted to the oral part, applicants must attain at least 70% on the written part.
   2. The oral exam is held before an examination committee consisting of a chairman and at least two committee members. The oral part takes the form of a professional interview with the examination committee mainly concentrating on any shortcomings identified in the written part of the exam, as well as on the Czech legislation relevant to the selected activity mentioned in the Application/Notification.
   3. A differential test shall be conducted in Czech or Slovak, unless stated otherwise.
   4. During the differential test, the recognising authority shall concurrently verify the Candidate’s or the Notifier’s knowledge of Czech pursuant to Section 21 of the Act on recognising qualifications. Knowledge of Czech is required to the absolutely necessary extent for performing the regulated activity and must be appropriate for the activity to be performed. It is considered that knowledge of Czech, at least to such an extent which allows the Candidate or the Notifier to perform a differential test in Czech, is always necessary for the Candidate and always necessary for the Notifier if the notified activity is an activity of a construction manager, technical supervision of a builder or a construction design activity pursuant to Section 158 of Act No. 183/2006 Coll., on land planning and building regulations (the Building Act), as amended. It is considered that knowledge of Czech, at least to the extent which allows the Notifier to perform a differential test separately, is necessary for the Notifier if the notified activity is an activity not specified in the previous sentence, unless the Notifier proves the contrary to the Chamber. In such a case, the Chamber shall allow the Candidate to take a differential test with an interpreter registered on the list of interpreters who shall be appointed by a ruling pursuant to Act No. 500/2004 Coll., the Code of Administrative Procedure, as amended; The interpreter’s expenses shall be covered by the Candidate. 
   5. The differential exam is non-public.
2. Adaptation period

The applicant completes a 2-year professional training programme under the supervision of a guarantor, an authorised person approved by the Chamber. The decision on the recognition of the applicant’s professional qualification and their registration shall be based on a written assessment prepared by the guarantor on the course of the adaptation period.

Section 6

Enrolment of a visiting person in the list of registered persons

1. Based on the facts specified in the Notification, the Chamber shall assess whether the intended performance of the selected activity in the Czech Republic corresponds in character to the requirements of a temporary and occasional nature. In the course of this assessment, the Chamber shall take into account the duration, frequency, regularity and continuousness of the performance of the selected activity in the Czech Republic.  Unless the Notifier proves the contrary, it shall be considered that the performance of the regulated activity specified in the Notification does not fulfil the characteristics of a temporary and occasional nature of the activity in question if its duration exceeds 12 months. In the case specified in the part of the sentence following the semicolon in paragraph 5, it shall be understood that, unless the Notifier proves otherwise, the performance of the regulated activity specified in the Notification does not fulfil the characteristics of a temporary and occasional nature of the activity in question if its duration exceeds 18 months.  If, during the assessment, the Chamber reaches the conclusion that the performance of the selected activity as specified in the Notification fails to meet the requirements of a temporary and occasional performance of the selected activity in the Czech Republic, it shall refuse to make a record in the list of registered persons and shall promptly deliver a decision on this fact to the Notifier; at the same time, it shall inform the Notifier of the possibility of submitting a request for the status of a settled person.
2. The Chamber shall also decide whether, or not, it will verify the professional qualification of an applicant for the visiting person status before the applicant begins to pursue the selected activities stated in the Notification.
3. The Chamber shall issue to the Notifier a certificate of enrolment in the list of registered persons pursuant to Section 23(6)(e) of the Authorisations Act (hereinafter referred to as the “Certificate”) with no undue delay after the Notifier becomes entitled to perform the selected activities in the territory of the Czech Republic on a temporary or occasional basis pursuant to Section 36b(6) of the Recognition Act.
4. In its confirmation, the Chamber shall specify the duration of the performance of the selected activity in the Czech Republic, and shall further provide specifications of the regulated activity which the Notifier is to perform (e.g. by defining the work, project or construction).  Confirmation shall always only apply to the performance of the selected activity specified therein.
5. The enrolment in the list of registered persons shall remain valid for 12 months unless the Notification requires a shorter term; if the Notification is filed electronically using the European Professional Card, the enrolment in the list of registered persons shall remain valid for a period of 18 months from the receipt of the European Professional Card by the Chamber.
6. The validity of a record in the list of registered persons can be extended in exceptional cases on the basis of a new Notification, but only in the case that the performance of the selected activity specified in the list of registered persons has to continue beyond the expiry date of the registration for objective reasons. In such a case, the Chamber shall assess the reasons for and the length of the requested extension, as well as the temporary and occasional nature of the regulated activity specified in the list of registered persons, in connection with its extension. If the Chamber becomes aware of the fulfilment of characteristics indicating a change in the status from hosting to settlement, it shall reject the notification of extension and shall inform the Notifier of the possibility of submitting a request for the status of a settled person.

Section 6a

Partial access

When recognising or verifying professional qualifications and other professional capacity, the Chamber shall assess whether the certificates of professional qualifications or other professional capacity attached to the Application or Notification allow the required professions and specialisations to be listed, to the full extent, in the applicant’s entry in the list of registered persons as required under Section 5(3) and Section 6 of the Authorisation Act, or whether the Chamber shall apply the procedure under Section 24h of the Act on the recognition of professional qualifications. 

Section 7

1. Records are made on all meetings and decisions made regarding the recognition or verification of professional qualifications. The records must indicate the date, place, a list of attendees and an account of the meeting and the conclusions reached.
2. A decision on the enrolment must contain an operative part, an explanatory note and appeal information. The operative part must clearly show whether the enrolment in the list of registered persons has been approved, or refused. The operative part must also refer to the scope of the selected and professional activities the enrolment covers.

Section 8

Oath sworn by established persons

1. Established persons shall swear the oath either orally, in the presence of the President of the Chamber, or an authorised member of the Governing Board representing the President, or, where the prescribed form of the oath may not be used by nationals of other EU Member States or nationals of other countries, the Chamber, as the recognising authority, shall determine an equivalent form, in which this legal act will be effected in the decision on the enrolment of the established person concerned, taking the relevant circumstances into account.
2. A record shall be made on the swearing of the oath, containing the date and place of the oath, name and signature of the person being sworn and the name and signature of the attending member of the Chamber’s Governing Board to whom the oath was sworn.
3. The record on the oath, if sworn otherwise than orally, must contain a document describing the method in which the oath was sworn, the date and place of the oath swearing, name and signature of the person being sworn and the name and signature of the responsible member of the Chamber’s Governing Board to whom the oath was sworn.

Section 9

Certificate of enrolment

1. After the enrolment and after the established person is sworn in, a stamp is provided with the national emblem of the Czech Republic, containing the name of the established person, the number under which they are enrolled in the list of registered persons maintained by the Chamber and indication of their field of expertise or specialisation and a certificate of enrolment is provided, containing
   1. name and surname of the registered person,
   2. birth certificate number or equivalent identification data,
   3. field of expertise or specialisation of the enrolment,
   4. authorisation to use the “chartered engineer” or “chartered technician” professional designation in conjunction with the field of expertise regarding which enrolment was conducted,
   5. authorisation to produce the certificate of enrolment and use the stamp,
   6. a document confirming that the selected activity in construction is a regulated activity pursuant to Act No. 18/2004 Coll.
   7. Registration Number assigned by the Chamber,
   8. date of enrolment,
   9. signature of the President of the Chamber, or a person authorised by them,
   10. information that an individual shall be deemed to have committed an offence if they intentionally misuse the professional designation in a way that contravenes Act No. 360/1992 Coll., or temporarily or occasionally pursues a gainful regulated activity in a way that contravenes Act No. 360/1992 Coll., and Act No. 18/2004 Coll., in which case a prohibition to pursue the activity for up to 1 year may be imposed.
2. On the day of receiving the certificate of enrolment, the established person concerned becomes a regular member of the Chamber with all rights and obligations connected with such membership (the Authorisations Act).
3. The enrolment of visiting persons contains the information referred to in paragraph 1 (except for the stamp), the term of the enrolment and identification data on the work in relation to which the enrolment was made. The Certificate of Enrolment comes into force on the day indicated in the Chamber’s decision; the initial day of the validity term may not apply retroactively.

Section 10

Enrolment documents

1. The following documents form integral parts of the proof of enrolment for established persons:
   1. record on the course and result of a compensatory mechanism if the latter was part of the enrolment procedure,
   2. record on the decision pursuant to Section 9(2),
   3. record on the swearing in as prescribed,
   4. copy of the Certificate of Enrolment with indication of the type of the authorisation,
   5. proof of a professional damage liability insurance policy,
   6. copy of a record on the return of documents to the registered person,
   7. written instruction to proceed with the enrolment in the list of established persons.
2. The following documents form integral parts of the proof of enrolment for visiting persons:
   1. notification of the pursuit of the profession with an application for enrolment along with the specified documents attached,
   2. record on the course and result of a compensatory mechanism if the latter was part of the enrolment procedure,
   3. record on the decision pursuant to Section 9(2),
   4. copy of the Certificate of Enrolment with indication of the type of authorisation pursuant to Section 4 and the period, during which the registered person will pursue the profession within the territory of the Czech Republic,
   5. proof of professional damage liability insurance,
   6. copy of a record on the return of the documents specified under Section 7(2) to the registered person,
   7. written instruction to proceed with the enrolment in the list of visiting persons.

Section 11

Essentials of a record on the transmission of the enrolment documents

The record on the transmission of enrolment documents for established persons contains the date and place of the transmission, the transmitted objects, the name and signature of the transmitting authorised person and the name and signature of the registered person.

Approved by the Board of Directors of ČKAIT on 21 November 2019
Effective date: 1 January 2020