National Initiatives to Ensure the Recognition and Certifcation of Skills and Qualifcations for Migrant Workers - Estonia

Source: Socrates Estonian National Agency

Recognition of Foreign Professional Qualifications Act

Passed 15 March 2000 (RT I 2000, 29, 168), entered into force 1 January 2001.

1. General Provisions
2. Recognition of Foreign Professional Qualifications in Regulated Professions Requiring Higher Education
3. Recognition of Foreign Professional Qualifications in Regulated Professions Not Requiring Higher Education
4. Aptitude Test and Adaptation Period
5. Processing of Documents and Rights of Applicants
6. Implementing Provisions

Chapter 1: General Provisions

1. This Act establishes the bases and procedure for recognition of foreign professional qualifications in order for persons to work in regulated professions.
2. The provisions of this Act concerning regulated professions also apply to regulated professional activities.
3. This Act provides for:
   1. the bodies authorised to recognise professional qualifications and the functions of such bodies;
   2. the principles for comparing the professional qualifications acquired by a person in a foreign state (hereinafter applicant) to the corresponding professional qualifications required for working in regulated professions in Estonia;
   3. the obligation to process foreign documents attesting education or training or professional experience, and the procedure for processing such documents;
   4. the rights of applicants.
4. This Act does not apply to regulated professions and regulated professional activities for the pursuit of which education acquired in an educational institution is not required. The list of such professions and professional activities shall be approved by the Government of the Republic.
5. This act does not apply to the professions of doctor, dentist, nurse, dispensing chemist, midwife, veterinarian and architect. The rights of applicants to work in the aforementioned professions shall be established by legislation regulating the corresponding field of activity.

For the purposes of this Act, "foreign state" means a member state of the European Union, a member state of the European Free Trade Association, a state party to the Convention on the Recognition of Qualifications Concerning Higher Education in the European Region (RT II 1998, 7, 14) or any other foreign state with whom the Government of the Republic has entered into an agreement concerning recognition of graduation documents attesting completion of education or training.

1. Regulated education and training is any education and training which is geared to the pursuit of a given professional activity and which is based on a curriculum the requirements for which are established by law or on the basis of law.
2. A profession is regulated if working in such profession requires professional qualifications determined by law or on the basis of law.
3. Regulated professional activity is any professional activity the pursuit of which requires professional qualifications determined by law or on the basis of law.

For the purposes of this Act, "professional qualifications" mean documented education and/or professional experience required for working in a regulated profession.

1. "Professional experience" means actual and lawful pursuit of a profession on the basis of an employment contract or in public service, and activities in the capacity of a sole proprietor.
2. Professional experience required for recognition of foreign professional qualifications shall be determined by a competent body but the period of the required professional experience may not exceed four years.

1. Recognition of foreign professional qualifications in Estonia shall be co-ordinated by the Ministry of Education.
2. A competent body shall, pursuant to the procedure provided by law, compare the professional qualifications of an applicant to the professional qualifications required for working in a regulated profession in Estonia and shall decide, pursuant to the procedure prescribed in this Act, whether the applicant meets the requirements set for the given profession in Estonia.
3. A relevant government agency or a state agency administered by a government agency, a professional association, an association of employees or employers, or the Estonian National Academic Recognition Information Centre (hereinafter Centre) may act as competent bodies. The list, standard work procedure and the bases and procedure for financing of competent bodies shall be approved by the Government of the Republic.
4. Relevant government agencies shall ensure that the competent bodies within their areas of government submit reports on the activities of the bodies to the co-ordinating authority. The requirements for reports on recognition of professional qualifications and the procedure and terms for submission of the reports shall be approved by the Government of the Republic.

1. The conformity of documents attesting education or training completed in a foreign state to the requirements established for the levels of education and academic levels in Estonian legislation shall be assessed by the Centre.
2. The Centre is a structural unit of the foundation established by the Government of the Republic for the administration of the education and research programmes of the European Union.

Chapter 2: Recognition of Foreign Professional Qualifications in Regulated Professions Requiring Higher Education

For the purposes of this Act, "diploma" means a document or set of documents attesting education or training, which certifies that the given applicant has completed post-secondary training with the standard duration of at least three years in an educational institution providing higher education and that the applicant has the professional qualifications required for working in a regulated profession.

1. If a diploma is required for working in a regulated profession in Estonia, a competent body shall not, on grounds of non-conformity of professional qualifications, prohibit an applicant from working in Estonia under the same conditions as applicable to persons who have acquired their professional qualifications in Estonia, if:
   1. in the foreign state where the professional qualifications were acquired the same profession is regulated and the applicant has the professional qualifications required in such profession;
   2. in the foreign state where the professional qualifications were acquired the same profession is not regulated but the applicant has worked in the profession full-time for two years during the last ten years. In such case, the applicant is required to submit a document issued by a foreign official, which certifies that the applicant has completed at least three years of post-secondary training in the corresponding field in a foreign educational institution providing higher education and, if necessary, has undergone professional training, and has the professional qualifications required in that profession.
2. If up to four years of post-secondary training is required for working in a regulated profession in Estonia, an applicant has, in the case specified in clause (1) 1) of this section, the right to work in the regulated profession if he or she holds a diploma or non-higher education diploma.
3. If more than four years of post-secondary training is required for working in a regulated profession in Estonia, an applicant has, in the case specified in clause (1) 1) of this section, the right to work in the regulated profession if he or she holds a diploma.
4. If an applicant’s period of study has been one or more years shorter than the period of study required for working in the same profession from a person who has acquired his or her professional qualifications in Estonia, a competent body may require the applicant to submit evidence of professional experience. The required period of professional experience shall not exceed the period of time by which the applicant’s period of study is shorter than that required in Estonia.
5. If an applicant meets the requirements specified in clauses (1) 1) or 2) of this section, but shortcomings specified in clauses 17 (1) 1) or 2) exist, a competent body may, pursuant to the procedure provided for in §§ 18 and 19, require the applicant to take an aptitude test or complete an adaptation period.

Chapter 3: Recognition of Foreign Professional Qualifications in Regulated Professions Not Requiring Higher Education

1. For the purposes of this Act, "non-higher education diploma" means a document or set of documents attesting education or training (except a diploma), which certifies that the given applicant has completed post-secondary training with the standard duration of at least one year or a course entered in the list approved by the Government of the Republic and that the applicant has the professional qualifications required for working in a regulated profession.
2. The list of courses where the document issued upon completion is equivalent to a non-higher education diploma shall be approved by the Government of the Republic.

1. If a diploma or non-higher education diploma is required for working in a regulated profession in Estonia, a competent body shall not, on grounds of non-conformity of professional qualifications, prohibit an applicant from working in Estonia under the same conditions as applicable to persons who have acquired their professional qualifications in Estonia, if:
   1. in the foreign state where the professional qualifications were acquired the same profession is regulated and the applicant holds a diploma or non-higher education diploma required for working in that profession;
   2. in the foreign state where the professional qualifications were acquired the same profession is not regulated but the applicant has, during the last ten years, worked in the profession full-time for two years or for an equivalent period part-time.
2. The requirement of two years of professional experience specified in clause (1) 2) of this section does not apply if the applicant has completed corresponding regulated education or training.
3. If an applicant’s period of study has been one or more years shorter than the period of study required for working in the same profession from a person who has acquired his or her professional qualifications in Estonia, a competent body may require the applicant to submit evidence of professional experience. The required duration of professional experience shall not exceed twice the period of time by which the applicant’s period of study is shorter than that required in Estonia.
4. If an applicant meets the requirements specified in clauses (1) 1) or 2) of this section, but shortcomings specified in clauses 17 (1) 1) or 2) exist, a competent body may, pursuant to the procedure provided for in §§ 18 and 19, require the applicant to take an aptitude test or complete an adaptation period.

For the purposes of this Act, "certificate" means a document or set of documents attesting education or training (except a diploma or non-higher education diploma), which certifies that the given applicant has completed a post-secondary course of professional training in an educational institution or at a workplace or in an educational institution and at a workplace and that the applicant has the professional qualifications required for working in a regulated profession.

1. If a non-higher education diploma is required for working in a regulated profession in Estonia, a competent body shall not, on grounds of non-conformity of professional qualifications, prohibit an applicant from working in Estonia under the same conditions as applicable to persons who have acquired their professional qualifications in Estonia, if:
   1. in the foreign state where the professional qualifications were acquired the same profession is regulated and the applicant holds a certificate required for working in such profession;
   2. in the foreign state where the professional qualifications were acquired the same profession is not regulated but the applicant has, during the last ten years, worked in the profession full-time for two years or for an equivalent period part-time.
2. The requirement of two years of professional experience specified in clause (1) 2) of this section does not apply if the applicant has completed corresponding regulated education or training.
3. If an applicant meets the requirements specified in clauses (1) 1) or 2) of this section, but shortcomings specified in clauses 17 (1) 1) or 2) exist, a competent body may, pursuant to the procedure provided for in §§ 18 and 19, require the applicant to take an aptitude test or complete an adaptation period.

1. If a certificate is required for working in a regulated profession in Estonia, a competent body shall not, on grounds of non-conformity of professional qualifications, prohibit an applicant from working in Estonia under the same conditions as applicable to persons who have acquired their professional qualifications in Estonia, if:
   1. in the foreign state where the professional qualifications were acquired the same profession is regulated and the applicant holds a diploma, non-higher education diploma or certificate required for working in such profession;
   2. in the foreign state where the professional qualifications were acquired the same profession is not regulated but the applicant has, during the last ten years, worked in the profession full-time for two years or for an equivalent period part-time;
   3. in the foreign state the same profession is not regulated and the applicant does not hold a diploma, non-higher education diploma or certificate, but has, during the last ten years, worked in the profession full-time for three consecutive years or for an equivalent period part-time.
2. The requirement of two years of professional experience specified in clause (1) 2) of this section does not apply if the applicant has completed corresponding regulated education or training.
3. If an applicant does not hold a diploma, non-higher education diploma, certificate or any other document attesting education or training or meets the requirements specified in clauses (1) 1), 2) or 3) of this section, but shortcomings specified in clauses 17 (1) 1) or 2) exist, a competent body may, pursuant to the procedure provided for in §§ 18 and 19, require the applicant to take an aptitude test or complete an adaptation period of up to two years.

An attestation of competence is any evidence of the knowledge, skills and experience necessary for working in a regulated profession (except for documents prescribed in §§ 8, 10 or 12), without proof of prior education or training being required. By way of an attestation of competence, a competent body may require the applicant to prove his or her specific knowledge, skills and experience, for example, by taking a competence test. A document certifying an attestation of competence shall be issued.

If an attestation of competence is required for working in a regulated profession in Estonia, a competent body shall not, on grounds of non-conformity of professional qualifications, prohibit an applicant from working in Estonia under the same conditions as applicable to persons who have acquired their professional qualifications in Estonia, if:

1. in the foreign state where the professional qualifications were acquired the same profession is regulated and the applicant has the professional qualifications required for working in such profession;
2. in the foreign state the same profession is not regulated but the applicant submits other evidence that he or she has acquired the required professional qualifications in the foreign state.

Chapter 4: Aptitude Test and Adaptation Period

1. A competent body may require an applicant to take an aptitude test or complete an adaptation period of up to six months, whereas the applicant may choose one or the other, if:
   1. the curriculum completed by the applicant in a foreign state substantially differs from the curriculum the completion of which is required for working in the corresponding regulated profession in Estonia;
   2. the duties required in the regulated profession in Estonia substantially differ from the corresponding duties required in the foreign state where the applicant acquired his or her professional qualifications.
2. The list of regulated professions and regulated professional activities for the pursuit of which an applicant is required to take an aptitude test shall be approved by the Government of the Republic.

1. An aptitude test is an examination conducted for the verification of the professional expertise of the applicant and the aim of which is to assess the knowledge, skills and experience of the applicant for working in a regulated profession.
2. A competent body shall, by a decision, determine the fields covered by an aptitude test, taking account of the following:
   1. the need for an aptitude test to contain subjects which are not covered by a curriculum completed in a foreign state but the knowledge of which is necessary for working in a regulated profession;
   2. the qualities of the applicant and the fact that he or she is a qualified professional, public servant or sole proprietor in the given profession in the foreign state.
3. An aptitude test may cover rules of professional conduct.
4. The procedure for compilation, conduct and evaluation of aptitude tests shall be established by a competent body appointed by the Government of the Republic.

1. An adaptation period is a period of working in a profession under the supervision and responsibility of a qualified professional, public servant or sole proprietor in that profession, subject to assessment by a competent body. The aim of an adaptation period is to assess the compliance of the abilities of the applicant with the requirements for working in a regulated profession. Requirements established for a probation period in legislation regulating employment and service relationships apply to an adaptation period.
2. A competent body shall, by a decision, determine the detailed requirements for completing an adaptation period, taking into account the qualities of the applicant and the fact that he or she is a qualified member of the profession in a foreign state.
3. A competent body may require an applicant to undergo further training (courses) during the adaptation period.
4. The procedure for completion and assessment of an adaptation period shall be established by a competent body appointed by the Government of the Republic.

Chapter 5: Processing of Documents and Rights of Applicants

1. In order to work in a regulated profession in Estonia, an applicant shall submit an application to a competent body which shall make a decision within four months after the submission of the application and all other documents prescribed by legislation. The competent body is required to justify its decision in writing and explain the procedure for the contestation of the decision.
2. A competent body shall accept as sufficient evidence documents issued by foreign officials pursuant to the procedure in force in the given foreign country.
3. If a health certificate is required for working in a regulated profession in Estonia, an applicant shall submit a corresponding document issued in Estonia or in the foreign state where the applicant acquired his or her professional qualifications.
4. If necessary, a competent body may require an applicant to submit translations of documents specified in subsections (2) and (3) of this section.
5. A competent body may require all necessary documents, except for diplomas, non-higher education diplomas and certificates, to be submitted not later than three months after the issue thereof.

1. If an Estonian legal act prescribes that in order to work in a regulated profession it is necessary to take an oath or make a solemn declaration and the form of such oath or declaration cannot be used by citizens of foreign states, an equivalent form of oath or declaration shall be provided for the citizens of foreign states by the same legal act.
2. An applicant whom the right to work in a regulated profession in Estonia has been granted has the right to use the professional title, or abbreviation thereof, deriving from his or her profession or professional activity, or his or her academic title or abbreviation thereof.
3. An applicant has the right to address the co-ordinating authority or an administrative court:
   1. in order to contest a decision made by a competent body;
   2. if a competent body fails to notify the applicant of its decision during the term specified in subsection 20 (1).

Chapter 6: Implementing Provisions

The State Fees Act (RT I 1997, 80, 1344; 2000, 5, 32; 10, 58; 19, 117) shall be amended by adding § 194¹ in the following wording:

"§ 194¹. Review of applications for recognition of professional qualifications

A state fee of 500 kroons shall be paid for a review of an application for recognition of professional qualifications."

This Act enters into force on 1 January 2001.

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