| Oficialus vertimas |
| 2007 08 27 |
The description of the procedure to qualify for the right to SERVE AS a head in the main areas of technical construction activities
CHAPTER I. general provisions
1. This technical construction regulation (hereinafter referred to as “the Regulation”) establishes the requirements mandatory to those who seek to serve as heads in the following main areas of technical construction activities in the Republic of Lithuania (hereinafter referred to as “Heads”):
1.3. head of supervision of the implementation of the design documentation of a non-exceptional significance construction works;
1.4. head of supervision of the implementation of a part of design documentation of a non-exceptional significance construction works;
1.7. head of technical supervision of construction of a non-exceptional significance construction works;
1.8. head of technical supervision of special construction operations of a non-exceptional significance construction works;
1.9. head of expert examination of the design documentation of a non-exceptional significance construction works;
1.10. head of expert examination of a part of the design documentation of a non-exceptional significance construction works;
1.15. head of supervision of the implementation of the design documentation of an exceptional significance construction works;
1.16. head of supervision of the implementation of a part of the design documentation of an exceptional significance construction works;
1.19. head of technical supervision of construction of an exceptional significance construction works;
1.20. head of technical supervision of special construction operations of an exceptional significance construction works;
1.21. head of expert examination of the design documentation of an exceptional significance construction works;
1.22. head of expert examination of a part of the design documentation of an exceptional significance construction works;
2. The procedure to qualify for the right to serve in the positions specified in paragraph 1 of the Regulation shall be established in:
3. Qualification for the right to serve in the positions specified in paragraphs 1.19, 1.20, 1.23 and 1.24 of the Regulation grants a right to occupy the same positions in a cultural heritage construction works as well. The right to occupy the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 in a cultural heritage construction works shall be acquired according to the procedure established by the Regulation.
4. The right to manage a certain area(s) of technical construction activities in an exceptional significance construction works acquired according to the procedure established by the Regulation grants a right to manage a corresponding area(s) of activities in the construction of a non-exceptional significance construction works as well.
5. If the design documentation of a construction works consists of a single part of solutions, it shall be treated as the design documentation of the whole construction works and the head of a part of design of a construction works shall be treated as the head of design of the whole construction works.
6. Civil engineers who seek involvement in technical construction activities in a nuclear energy construction works must comply not only with the requirements specified in the Regulation but also with the requirements specified in other laws of the Republic of Lithuania and other legislative acts which regulate activities in the nuclear energy sector [9.4].
7. The Regulation shall be mandatory to all participants of a construction process, public administration entities and legal and natural persons whose principles of activities in the construction sector are regulated by the Law on Construction [9.1], except for architects, municipal architects, territory planning specialists, specialists of state supervision of territory planning and construction and specialists of supervision of building use whose qualification requirements and certification are governed by other laws and legal acts.
8. The technical work related to the procedures of the recognition of the Documents on the Right, of granting the Right and of certification shall be performed by the state enterprise Statybos produkcijos sertifikavimo centras (Certification Centre of Building Products), Linkmenų g. 28, LT-08217 Vilnius (hereinafter referred to as "SPSC"), pursuant to the following documents coordinated with the Ministry of Environment and approved by SPSC:
8.1. the regulations of qualifying for the right to serve as a head of the main areas of technical construction activities;
CHAPTER II. References
9. The following documents are referenced in the Regulation:
9.1. The Law on Construction of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 32-788, 1996; No 101-3597, 1996);
9.2. The Law on Protection of Immovable Cultural Properties of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 3-37, 1995; No. 153-5571, 2004);
9.3. Resolution No 280 of the Government of the Republic of Lithuania of 26 February 2002 On the Implementation of the Law on Construction of the Republic of Lithuania (Valstybės žinios (Official Gazette), No 22-819, 2002);
9.4. Resolution No 103 of the Government of the Republic of Lithuania of 27 January 1998 On the Approval of the Regulations of Licensing of Activities in the Nuclear Energy Sector” (Valstybės žinios (Official Gazette) No 12-274, 1998);
9.5. Order No 754 of the Minister of Education and Science of the Republic of Lithuania of 26 April 2002 On the Acknowledgement of Studies Completed in a Single-level Higher Education System as Equal to Sequential Studies of the Respective Levels (Valstybės žinios (Official Gazette) No 50-1925, 2002);
9.6. Technical construction regulation STR 1.01.09:2003 “Classification of Buildings According to the Purpose of Their Use” (Valstybės žinios (Official Gazette) No 58-2611, 2003);
9.7. Technical construction regulation STR 1.05.06:2005 “Design of a Construction Works” (Valstybės žinios (Official Gazette), No 4-80, 2005);
9.8. Order No ĮV-146 of the Minister of Culture of the Republic of Lithuania of 14 April 2005 On the Rules of the Certification of Specialists who Perform Applied Scientific Research on the Dismantling of Immovable Cultural Heritage, Prepare Design Documentation for Maintenance Operations of Heritage Protection, Perform Maintenance Operations of Heritage Protection and Manage such Operations and Perform (Special) Expert Examination of Heritage Protection, and on the Approval of the Procedure for the Certification of Specialists of the Protection of Immovable Cultural Heritage (Valstybės žinios (Official Gazette), No 60-2157);
9.9. Technical construction regulation STR 1.08.02:2002 “Construction Work” (Valstybės žinios (Official Gazette) No 54-2150, 2002);
9.10. Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Valstybės žinios (Official Gazette) No 68-1699, 1997);
9.11. Resolution No. 1079 of the Government of the Republic of Lithuania of 30 October 2006 On the Adoption of the Description of the Procedure for Document Legalisation and Authentication by a Certificate (Apostille) (Valstybės žinios (Official Gazette) No 118-4477, 2006);
9.12. Resolution No 60 of the Government of the Republic of Lithuania of 21 January 2005 On the Approval of the Regulations of the Assessment and Academic Recognition of Qualifications Obtained Abroad which Give Access to Higher Education and of Higher Education Qualifications (Valstybės žinios (Official Gazette) No 12-369, 2005).
CHAPTER III. THE Main definitions
10. For the purposes of this Regulation, the following definitions shall apply:
10.1. non-exceptional significance construction works shall mean a construction works not included in the categories of an exceptional construction works and simple construction works;
10.3. member state shall mean any member state of the European Union, a state party to the Agreement on the European Economic Area, and the Swiss Confederation;
10.6. civil engineer shall mean a natural person who holds a higher education diploma in civil engineering or a diploma in civil engineering;
10.7. Right shall mean a right held or acquired by a civil engineer to occupy the positions specified in paragraph 1 of the Regulations;
10.8. documents on the Right shall mean documents confirming a Right held by an Applicant in the country of origin. It is a single document confirming the right granted by a competent institution of the country of origin appointed in accordance with the legislation of that country or a set of such documents: certificate, diploma, attestation, reference, etc.;
10.9. professional experience shall mean actual and legal work in the area of a relevant profession or involvement in relevant professional activities;
10.10. documents on the Work Record shall mean documents confirming the experience of an Applicant in a relevant area of technical construction activities.
It can be a description of performed work signed by the Applicant, an attestation from a former employer or place of service (such as institution) or other documents confirming involvement in professional construction activities;
10.11. head of design of a construction works shall mean a civil engineer who, representing the interests of a builder, organises the preparation of the design documentation of a construction works, coordinates solutions of parts of the design documentation of the construction works and the activities of the heads of a part of the design documentation of the construction works, supervises and is responsible for the implementation of the requirements of laws, other legislative acts, normative technical construction documents and normative documents pertaining the safety and purpose of a construction works as well as mandatory documents related to the preparation of the design documentation of a construction works in accordance with the procedure established by the normative technical construction documents [9.1];
10.12. head of a part of design of a construction works shall mean a civil engineer who prepares and manages a part of the design documentation of a construction works alone or supervises a group of specialists preparing a part of the design documentation and is responsible for the implementation of the requirements of laws, other legislation, normative technical construction documents and normative documents pertaining to the safety and purpose of a construction works as well as mandatory documents related to the preparation of the design documentation of a construction works;
10.13. head of supervision of the implementation of the design documentation of a construction works shall mean a civil engineer who supervises heads of supervision of the implementation of a part of the design documentation of a construction works and supervises the implementation of the solutions of design documentation of a construction works;
10.14. head of supervision of the implementation of a part of the design documentation of a construction works shall mean a civil engineer who supervises the implementation of the solutions of a part of the design documentation of a construction works;
10.15. head of construction of a construction works shall mean a civil engineer who, representing a contractor (when the construction is carried out by contracting) or builder (client) (self-dependent construction) and implementing the design documentation from the beginning of construction operations to the recognition of the construction works as suitable for use, manages the general construction operations, coordinates special construction operations of a construction works and the activities of the heads supervising such work and is responsible for the standard quality of a built construction works [9.1] within the limits of his competence;
10.16. head of special construction operations of a construction works shall mean a civil engineer who, representing a contractor (when the construction is carried out by contracting) or a builder (client) (self-dependent construction) and implementing the design documentation from the beginning of construction operations to the recognition of the construction works as suitable for use, manages particular special construction operations, while being subordinate to the head of construction of a construction works on technical issues, and is responsible for the standard quality of the construction works within the limits of his competence;
10.17. head of technical supervision of construction of a construction works (technical supervisor of construction of a construction works) shall mean a civil engineer who, representing a builder (client), manages technical supervision of construction of a particular construction works, performs technical supervision of general construction operations and coordinates the supervision of special construction operations and the activities of heads of supervision of a construction works and is responsible for the standard quality of a built construction works within the limits of his competence;
10.18. head of technical supervision of special construction operations of a construction works shall mean a civil engineer who, representing a builder (client), manages technical supervision of special construction operations of a particular construction works, is subordinate to the head of technical supervision of construction of the construction works on technical issues and is responsible for the standard quality of the construction works within the limits of his competence;
10.19. head of expert examination of the design documentation of a construction works shall mean a civil engineer who organises general expert examination of the design documentation of a construction works, manages the expert examination, assesses the design documentation of a construction works and prepares and signs a general expert examination act of the design documentation of a construction works;
10.20. head of expert examination of a part of the design documentation of a construction works shall mean a civil engineer who organises and manages or personally performs expert examination of a part of the design documentation of a construction works (according to the area of work specified in the qualification certificate, right recognition certificate or right granting certificate), assesses a part of the design documentation of a construction works and prepares and signs an expert examination act of a part of the design documentation of a construction works;
10.21. head of expert examination of a construction works shall mean a civil engineer who organises the expert examination of a construction works as a whole, manages the expert examination, assesses a construction works and prepares and signs an expert examination act of a construction works;
10.22. head of expert examination of part of a construction works shall mean a civil engineer who manages or personally performs expert examination of a part of a construction works (according to the area of work specified in the qualification certificate, right recognition certificate or right granting certificate), assesses a part of a construction works and prepares and signs an expert examination act of a part of a construction works;
10.23. a higher-education diploma in civil engineering shall mean document(s) certifying any qualification related to the main areas of technical construction activities:
10.23.1. issued upon completion of university studies at higher education establishments of the Republic of Lithuania or former Soviet Socialist Republic of Lithuania [9.5];
10.23.2. issued by a competent institution of a member state (except for the Republic of Lithuania) appointed in accordance with the legislation of that state;
10.23.3. issued in a member state (except for the Republic of Lithuania) upon successful completion of studies in that member state and recognised as equivalent by a competent institution of that state;
10.23.4. issued in a member state (except for the Republic of Lithuania) and certifying that:
10.23.4.1. its owner has successfully completed a secondary school and at least three-year full-time studies or part-time or extramural studies of a respective duration at a university or higher education establishment or another educational establishment of a similar level and has successfully completed additional professional studies, if so required by the member state;
10.23.4.3. the larger part of the studies upon the completion of which this document was issued took place in the member state, or it is a document certifying the qualification in civil engineering obtained in another country, if the member state which recognised this document has issued its owner a document about a three-year professional experience in the member state;
10.24. a diploma in civil engineering shall mean a document(s) certifying any qualification related to the main areas of technical construction activities:
10.24.1. issued upon completion of non-university studies in higher education establishments of the Republic of Lithuania or the former Soviet Socialist Republic of Lithuania or upon completion of special secondary education studies in former Soviet Socialist Republic of Lithuania [9.5];
10.24.2. issued by a competent institution of a member state (except for the Republic of Lithuania) appointed in accordance with the laws and other legislation of that member state;
10.24.3. issued in a member state (except for the Republic of Lithuania) after successful completion of studies in the member state and recognised as equivalent by a competent institution of that state;
10.24.4. issued in a member state (except for the Republic of Lithuania) and certifying that:
10.24.4.1. its owner has successfully completed a secondary school and at least one-year full-time studies or part-time or extramural studies of a respective duration after secondary school. Entrance to such studies, apart from other conditions, must be limited by the requirement to have secondary education which is necessary when entering a university or a higher education establishment as well as professional education, if so required by the member state;
10.24.4.3. the larger part of the studies upon completion of which this document was issued took place in a member state or this document certifies qualification in civil engineering obtained in another country, if the member state which recognised this document has issued a document to its owner about a three-year professional experience in the member state;
10.25. a part of a construction works shall mean any part of a construction works: any structure of a construction works or its part; the engineering system of a construction works or its part;
10.26. essential solutions of design documentation shall mean solutions of the design documentation of a construction works related to the location of the construction works on a land plot, purpose of the land plot, of the construction works or its parts, the permissible construction density on the land plot and the permissible height of a construction works, and related to the requirements established by a regulation on the protection of a protected territory or a temporary regulation on the protection of a cultural heritage construction works as well as to the requirements for heritage protection.
CHAPTER IV. The procedure of AcQUIRING A right FOR civil engineers of the Republic of Lithuania
11. A civil engineer of the Republic of Lithuania shall have a right to serve in the positions specified in paragraphs 1.1–1.12 of the Regulation if he meets the qualification requirements of education and professional experience specified in Appendix 1 of the Regulation.
12. A civil engineer of the Republic of Lithuania shall acquire a right to serve in the positions specified in paragraphs 1.13–1.24 of the Regulation as well as in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation in cultural heritage construction works upon completion of the certification procedures specified in Chapter IX of the Regulation and upon being issued a Qualification Certificate for corresponding activities. Qualification requirements of education and professional experience are specified in Appendix 2 of the Regulation.
CHAPTER V. The procedure of ACQUIRING A right FOR civil engineers of member states (except for the Republic of lithuania)
13. A civil engineer of a member state (except for the Republic of Lithuania) shall acquire a right to serve in the positions specified in paragraphs 1.1–1.12 of the Regulation:
13.1. when the Ministry of Environment recognises the Documents on the Right submitted by him and issues a Right Recognition Certificate (hereinafter referred to “RRC”). The rules of the recognition of Documents on the Right and Recognition of the Right are specified in Chapter VII of the Regulation;
13.2. if Documents on the Right are not submitted or do not exist but a higher education diploma in civil engineering or a diploma in civil engineering (hereinafter referred to as “the Diploma”) and documents on professional experience are submitted to the Ministry of Environment, when the Ministry of Environment assesses the documents and issues a Right Granting Certificate (hereinafter referred to as “RGC”). The Rules of the Assessment of Diplomas and Documents on the Work Record and the Rules of Right Granting are set out in Chapter VIII of the Regulation.
14. Qualification requirements for education and professional experience of civil engineers seeking a right to serve in the positions specified in paragraphs 1.13–1.24 of the Regulation as well as in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation in cultural heritage construction works are listed in Appendix 2 of the Regulation.
15. A civil engineer of a member state (except for the Republic of Lithuania) shall acquire a right to serve in the positions specified in paragraphs 1.13–1.24 of the Regulation, as well as in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation, in cultural heritage construction works:
15.1. when the Ministry of Environment recognises the submitted Documents on the Right and grants an RRC. The guidelines for recognition of Documents on the Right and the Right are specified in Chapter VII of the Regulation;
CHAPTER VI. The procedure of ACQUIRING A right FOR civil engineers of another country
16. A civil engineer of another country shall acquire a right to serve in the positions specified in paragraphs 1.1–1.12 of the Regulation:
16.1. when the Ministry of Environment recognises the submitted Documents on the Right and issues an RRC. The rules of recognition of Documents on the Right and the Right are specified in Chapter VII of the Regulation;
16.2. if Documents on the Right are not submitted or do not exist but a diploma in civil engineering and documents on professional experience are submitted to the Ministry of Environment, when the Ministry of Environment assesses the documents and issues an RGC. The Rules of the Assessment of Diplomas and Documents on the Work Record and the Rules of Right Granting are listed in Chapter VIII of the Regulation.
17. Qualification requirements for the education and work record of civil engineers seeking a right to serve in the positions specified in paragraphs 1.13–1.24 of the Regulation, as well as in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation, in cultural heritage construction works are listed in Appendix 2 of the Regulation.
18. A civil engineer shall acquire a right to serve in the positions specified in paragraphs 1.13–1.24 of the Regulation, as well as in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation in a cultural heritage construction works upon completion of the certification procedures specified in Chapter IX of the Regulation and upon granting a Qualification Certificate for the respective activities.
CHAPTER VII. The Rules OF recognition of Documents on the Right and RECOGNITION OF the right in the republic of Lithuania
20. An Applicant shall acquire a right to serve in the positions specified in paragraph 1 of the Regulation upon recognition of the submitted Documents on the Right and when an RRC is granted.
21. An Applicant seeking an RRC shall file an application for an RRC with SPSC addressed to the Ministry of Environment.
22. The application shall specify:
22.1. the desired position (one or several) from the list in paragraph 1 of the Regulation; the desired positions listed in paragraphs 1.13–1.19, 1.22 and 1.23 of the Regulation to be occupied in cultural heritage construction works can be specified additionally;
22.3. the area(s) of work (except for those seeking to serve as heads of the design documentation of a construction works and heads of construction of a construction works):
22.3.1. the area(s) of work (parts of design documentation) related to design and expert examination (except for expert examination of a construction works) – from the ones listed [9.7];
22.3.2. the areas of work of expert examination of a construction works:
22.3.2.1. for partial expert examination – from the ones listed [9.7], except for the following sections: general, architectural, preparation for construction and organisation of construction operations, determination of the estimated price of construction, economic, the list of input amounts; the technology of construction operations;
23. The following documents shall be attached to the application:
23.1. Documents on the Right or their notarised copies together with their translation into the state language – for Applicants from the countries which have signed international or intergovernmental agreements on legal assistance with the Republic of Lithuania, if such agreements provide for mutual recognition of such documents;
23.2. Documents on the Right or their notarised copies together with their translation into the state language with appended Apostilles of such documents (copies) – for Applicants from countries which have not signed the agreements specified in paragraph 23.1 but have signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of 5 October 1961 [9.10];
23.3. Documents on the Right (or their notarised copies) legalised in accordance with the set procedure [9.11] – in all cases except for those listed in paragraphs 23.1–23.2;
24. An Applicant has a right to present additional documents confirming his qualification at his own discretion.
25. Having received an Applicant’s application and the documents specified in paragraph 23 of the Regulation, SPSC shall check them and:
25.1. if all the required documents have been provided, shall register the application within 5 workdays and inform the Applicant about the registration of the application in writing;
25.2. if some of the required documents are missing, shall inform the Applicant in writing about the missing documents within 5 workdays and specify a term for the submission of those documents;
25.3. if the missing documents are received within the specified term, shall register the application within 5 workdays and inform the Applicant about the registration of the application in writing;
26. Upon registration of the Applicant’s application, SPSC shall pass all documents to the Commission.
27. The Minister of Environment shall appoint the Commission and shall approve its rules of procedure by an order.
28. Having examined the submitted Documents, the Commission shall make one of the following decisions:
28.2. not to recognize the submitted Documents on the Right and not to issue an RRC, if it is determined that the Applicant was punished for the violations specified in paragraphs 72.1 and 72.2 of the Regulation within the last year or for the violations specified in paragraph 72.3 of the Regulation within the last two years.
30. If the Commission decides to issue an RRC, SPSC shall issue the RRC to the Applicant within 45 days from the day of registration of the application. The RRC shall be signed by the Undersecretary of the Ministry of Environment who supervises certification of specialists working in the main areas of construction and construction companies (hereinafter referred to as “the Undersecretary of the Ministry of Environment”) and the Chairperson of the Commission (or Vice Chairperson).
31. The RRC shall be valid for up to 5 years from the day of signing of the Minutes of the Commission, however the term cannot exceed the validity term (if set) of the Document on the Right issued in the country of origin.
32. An RRC must indicate:
32.3. the position with regard to which the Applicant’s right is recognized in the Republic of Lithuania. If the RRC grants a right to serve in the positions specified in paragraphs 1.19, 1.20, 1.23 or 1.24 of the Regulation, a right to serve in these positions in cultural heritage construction works shall be specified additionally;
32.6. the data about the recognised Documents on the Right:
CHAPTER VIII. The Rules OF THE assessment of diplomas in civil engineering and of documents on THE WORK RECORD and for granting the right in the Republic of Lithuania
34. The provisions of this Chapter shall be applicable to civil engineers of foreign states who do not have or do not submit Documents on the Right (see Chapters V and VI of the Regulation). In such cases, the Applicant shall acquire the Right upon assessment of his Documents on the Work Record and the Diploma and upon issuing an RGC.
35. The minimum requirements for documents on education and work record are specified in Appendix 1 of the Regulation.
36. Documents on the Work Record and Diplomas in civil engineering shall be assessed following the procedure established by this Chapter.
37. An Applicant seeking a Right shall file with SPSC an application for assessment of his Diploma and Documents on the Work Record and for an RGC addressed to the Ministry of Environment.
38. The application must indicate:
39. The following documents shall be attached to the application:
39.1. a notarised copy of the Diploma together with its translation into the state language; an Applicant from another country must also provide a certificate issued by the Center for Quality Assessment in Higher Education on the assessment of the qualification obtained abroad [9.12];
39.2. the Documents on the Work Record (or their notarised copies) together with their translation into the state language – for Applicants from the countries which have signed international or intergovernmental agreements on legal assistance with the Republic of Lithuania, if such agreements provide for mutual recognition of such documents;
39.3. the Documents on the Work Record (or their notarised copies) together with their translation into the state language with appended Apostilles of such documents (copies) – for Applicants from the countries which have not signed the agreements specified in paragraph 39.2 but have signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of 5 October 1961 [9.10];
39.4. Documents on the Work Record (or their notarised copies) legalised according to the set procedure [9.11] – in all cases except for those listed in paragraphs 39.2 and 39.3;
39.8. the list of works related to the types of activities specified in the Applicant’s application performed within the last five years;
39.9. other documents proving the qualification of the Applicant – at the discretion of the Applicant;
40. Having received the Applicant’s application and the documents specified in paragraph 39 of the Regulation, SPSC shall check them and:
40.1. if all the required documents have been submitted, shall register the application within 5 workdays and inform the Applicant about the registration of the application in writing;
40.2. if any of the required documents are missing, shall inform the Applicant in writing about the missing documents within 5 workdays and specify a term for the submission of such documents;
40.3. if the missing documents are received within the specified term, shall register the application within 5 workdays and inform the Applicant about the registration of the application in writing;
41. Upon registration of the Applicant’s application, SPSC shall pass all documents to the Commission.
42. Having examined the submitted Documents, the Commission shall make one of the following decisions:
42.2. not to issue an RGC if:
42.2.1. it is determined that the education and professional experience of the Applicant fail to meet the qualification requirements specified in Appendix 1 of the Regulation;
44. If the Commission decides to issue an RGC, SPSC shall issue the RGC to the Applicant within 45 days from the day of the registration of the application. The RGC shall be signed by the Undersecretary of the Ministry of Environment and the Chairperson of the Commission (or the Vice Chairperson).
45. The RGC shall be valid for up to 5 years from the day of signing of the Minutes of the Commission.
46. An RGC must indicate:
46.6. the data about the assessed documents:
46.6.1. the title and the reference number of the Diploma, the name of the school which issued the Diploma, the date of issuing, the professional qualification of the person;
Chapter IX. the description of the certification procedure for heads of an exceptional significance construction works
48. Upon completion of the certification procedures specified in this Chapter and when the Qualification Certificate of a Head of an exceptional significance construction works is issued, a civil engineer shall acquire a right to serve in the positions specified in paragraphs 1.13–1.24 of the Regulation, as well as in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation in a cultural heritage construction works.
49. Certified Applicants must meet the following qualification requirements:
50. The minimum requirements for education and professional experience (work record) are specified in Appendix 2 of the Regulation.
51. The Right to check and assess the professional knowledge of an Applicant shall be granted by an order of the Minister of Environment to widely recognized professional societies, unions, associations, other public organisations registered in accordance with the procedure established by laws (hereinafter referred to as “Organisations”).
52. This right shall be granted after the examination of an Organisation’s application. The following documents must be provided with the application:
52.3. the list of the executive specialists responsible for testing the professional knowledge of specialists in the area assigned to the Organisation with their surnames, positions, work experience, education and speciality; copies of the qualification certificates of such specialists (if certified);
53. Approved by an order of the Minister of Environment, the professional qualification requirements for those undergoing certification in the area assigned to an Organisation shall be published on the Organisation’s website. These requirements shall be updated upon a change in the normative documents in the tested area of professional knowledge at the time selected by the Organisation but at least every three years. The updated qualification requirements shall be submitted for approval to the Minister of Environment.
55. The list of Organisations testing the professional knowledge of Applicants shall be published on the website of SPSC (www.spsc.lt). In case none of the Organisations have a right to test professional knowledge in the area of activities specified in the application, professional knowledge shall be assessed by the Commission.
56. The Organisation which receives an Applicant’s application to test and assess the level of his professional knowledge shall organise the testing of such knowledge according to the qualification requirements approved by the Minister of Environment in the area of professional knowledge assigned to the Organisation and, within 30 days from the day the application was received, shall issue a document in the form (minutes, attestation, professional testing certificate, certificate, etc.) specified in the rules of procedure of the Commission that tests professional knowledge.
57. Legal knowledge shall be tested and assessed by tests approved by the Minister of Environment. New tests shall be approved at least every two years.
58. Legal knowledge of Applicants shall be tested and assessed by SPSC. If the evaluation of the legal knowledge of an Applicant is negative, the Applicant can retake the test no sooner than in 15 days.
59. The results of the examination of legal knowledge shall be valid up to 6 months after new tests are approved.
60. An Applicant shall file an application for a Qualification Certificate (extension, amendment) addressed to the Ministry of Environment with SPSC. The application must indicate:
60.1. the desired position (one or several):
61. The following documents must be attached to the application:
61.1. a copy of an ID document (passport or another document). If the name or surname has been changed, documents on their change;
61.2. a notarised copy of the Diploma; an Applicant from another country must also provide a certificate issued by the Center for Quality Assessment in Higher Education on the assessment of qualification obtained abroad [9.12];
61.3. the Documents on the Work Record (or their notarised copies) together with their translation into the state language – for Applicants from countries which have signed international or intergovernmental agreements on legal assistance with the Republic of Lithuania, if such agreements provide for mutual recognition of such documents;
61.4. the Documents on the Work Record (or their notarised copies) together with their translation into the state language with appended Apostilles of such documents (copies) – for Applicants from countries which have not signed agreements specified in paragraph 61.3 but have signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of 5 October 1961 [9.10];
61.5. the Documents on the Work Record (or their notarised copies) legalised in accordance with the set procedure [9.11] – in all cases except for those listed in paragraphs 61.3–61.4;
61.8. the list of works related to the activities specified in the Applicant’s application and performed within the last five years;
61.10. a document on the assessment of professional knowledge (issued six months prior to the submission of the application or later);
61.11. a respective Certificate of a Specialist of the Protection of Immovable Cultural Heritage [9.8] – for Applicants seeking a right to serve in the positions specified in paragraphs 1.13–1.18, 1.21 and 1.22 of the Regulation in a cultural heritage construction works;
61.12. information from the institutions of state supervision of construction about accidents in a construction works in the construction process of which the Applicant participated [9.1] – for civil engineers of the Republic of Lithuania;
62. The Applicant has a right to provide additional documents proving his qualification at his own discretion.
63. Having received the Applicant’s application and the documents specified in paragraph 61, SPSC shall check them and:
63.1. if all the required documents have been submitted, shall register the application within 5 workdays and inform the Applicant about the registration of the application in writing;
63.2 if some of the required documents are missing, shall inform the Applicant about the missing documents in writing within 5 workdays and specify a term for the submission of such documents;
63.3. if the missing documents are received within the specified term, shall register the application within 5 workdays and inform the Applicant about the registration of the application in writing;
64. Upon registration of the Applicant’s application, SPSC shall pass all documents to the Commission.
65. Having examined and assessed the submitted Documents, the Commission shall make one of the following decisions:
65.2. not to issue (not to extend, not to amend) a Qualification Certificate if:
65.2.1. it is determined that the education and professional experience of the Applicant fail to meet the qualification requirements specified in Appendix 2 of the Regulation;
65.2.2. it is determined that the Applicant was punished for the violations specified in paragraphs 72.1 and 72.2 of the Regulation within the last year or committed the violations specified in paragraph 72.3 of the Regulation within the last two years; in such cases the Applicant has a right to apply for a Qualification Certificate again one or two years (respectively) after the violation;
66. The Commission has a right to receive additional information about the Applicant from state and municipal institutions, economic entities, educational institutions, associations, independent specialists, state institutions supervising the requirements for the safety and purpose of construction operations and construction works.
67. The decision of the Commission shall be recorded in the minutes. If the Commission decides to grant (extend, amend) a Qualification Certificate, SPSC shall provide the Qualification Certificate signed by the Undersecretary of the Ministry of Environment and the Chairperson of the Commission (or the Vice Chairperson) to the Applicant within 45 days from the day of the registration of the application.
68. If the Commission decides not to issue a Qualification Certificate, SPSC shall inform the Applicant about that in writing within 30 days from the day of registration of the application.
69. If the Commission decides to postpone the procedure of the Applicant’s certification, SPSC shall inform the Applicant about that within 5 workdays from the meeting of the Commission and specify that the decision on a Qualification Certificate will be made when the findings of the investigation of the alleged violations of the Applicant are available. In such a case the term of issuing a Qualification Certificate shall be extended according the duration of the investigation.
70. The Qualification Certificate shall be valid up to 5 years from the day of signing the Minutes of the Commission.
A Qualification Certificate shall indicate:
70.3. the position for which a right is granted to the Applicant in the Republic of Lithuania. If the Qualification Certificate grants a right to serve in the positions specified in paragraphs 1.20, 1.21 or 1.24 of the Regulation, the right to serve in these positions in a cultural heritage construction works shall be specified additionally;
71. A Qualification Certificate may be extended only if the Applicant submits an application and the documents specified in paragraph 61 of the Regulation to SPSC at least two months prior to its expiry. If the Applicant delivers the documents proving an improvement of qualifications within the term of validity of the Qualification Certificate, the Commission may decide to extend the Qualification Certificate without testing professional knowledge.
Chapter X. suspension or cancellation of RIGHT RECOGNITION, RIGHT GRANTING AND QUALIFICATION certificateS
72. At the request of public administration entities performing state supervision of territory planning and construction as well as at the request of other persons, the Commission can make a decision, which must be published by SPSC within 5 days after the decision is made on its website (www.spsc.lt):
72.1. to suspend an RRC, an RGC or a Qualification Certificate for one year in the following cases:
72.1.1. for a violation of the requirements of normative technical construction documents or normative documents on the safety and purpose of a construction works, when the violations are not related to the requirements for essential solutions of design documentation or essential requirements for a construction works;
72.1.2. for directing the heads of the main areas of technical construction activities who do not have a right to serve in such positions;
72.1.3. for directing the design when the mandatory documents for the preparation of the design documentation of a construction works are missing [9.1];
72.1.4. for directing construction operations in the absence of:
72.1.4.2. positive findings of an expert examination of industrial design documentation (when it is mandatory);
72.1.5. for directing construction work in the absence of mandatory documents for the performance of construction, except for the documents specified in paragraph 72.2.5;
72.1.7. for failure to comply with legal instructions of officers from the institutions performing state supervision of requirements related to construction and the safety and purpose of a construction works;
72.2. to cancel an RRC, an RGC or a Qualification Certificate with a provision that an application for a new RRC, RGC or Qualification Certificate may be submitted no sooner one year after the day of cancellation in the following cases:
72.2.1. for signing the design documentation of a construction works which fails to comply with the essential requirements for design documentation or the essential requirements for a construction works;
72.2.2. for positive assessment of the design documentation of a construction works given in the Expert Examination Act, if the design documentation of a construction works was prepared in violation of the requirements for essential solutions of design documentation or essential requirements for a construction works;
72.2.3. for inadequate instructions in the conclusions of an Expert Examination Act of a construction works, when the instructions caused an accident in the construction works or its part;
72.2.4. for directing construction operations in violation of essential solutions of design documentation or essential requirements for a construction works;
72.2.5. for directing construction work in the absence of a construction permit obtained in accordance with the set procedure or when the construction permit is no longer valid (in the case of a simple construction works – in the absence of the mandatory document specified in normative technical construction documents or when it is no longer valid);
72.2.6. for a repeated failure to comply with legal instructions of officers from the institutions performing state supervision of requirements related to construction and the safety and purpose of a construction works;
72.3. to cancel an RRC, an RGC or a Qualification Certificate with a provision that an application for a new RRC, RGC or Qualification Certificate may be submitted no sooner than two years after the day of the cancellation in the following cases:
72.3.1. the data provided in the application for an RRC, an RGC or a Qualification Certificate turns out to be false;
72.3.2. for directing construction operations, when the fact of destruction of a cultural heritage construction works (or its part) is established;
73. If an original RRC, RGC or Qualification Certificate is lost or destroyed, the owner of the Qualification Certificate must file a reasoned written explanation with SPSC within 10 days. SPSC shall publish information that the RRC, RGC or Qualification Certificate is no longer valid on its website (www.spsc.lt) within 5 days from the day the explanation is received. A new RRC, RGC or Qualification Certificate shall be granted without the procedures described in Chapters VII-IX of the Regulation and signed by the Undersecretary of the Ministry of Environment and the Chairperson of the Commission.
Chapter XI. Registers of RIGHT RECOGNITION, RIGHT GRANTING and qualification certificates
74. SPSC shall manage the register of the certificates of the recognition of a Right to serve in the position of a head in the main areas of technical construction activities (hereinafter referred to as "the Register of Right Recognition"), the register of the certificates of granting a Right to serve in the position of a head of the main areas of technical construction activities (hereinafter referred to as "the Register of Right Granting") and the register of Qualification Certificates of the heads of the main areas of technical construction activities (hereinafter referred to as "the Register of Qualification Certificates"). Information about RRCs, RGCs and Qualification Certificates shall be published on SPSC’s website, www.spsc.lt.
75. The Register of Right Recognition shall contain the following data:
75.8. the date and the term of suspension of the RRC; information about RRC suspension shall be removed from the SPSC website upon expiry of the RRC suspension;
76. The Register of Right Granting shall contain the following data:
76.8. the date and the term of suspension of the RGC; information about RGC suspension shall be removed from the SPSC website upon expiry of the RGC suspension;
77. The Register of Qualification Certificates shall contain the following data:
77.8. the date and the term of suspension of the Qualification Certificate. Information about the suspension of the Qualification Certificate shall be removed from the SPSC website upon expiry of the suspension of the Qualification Certificate;
Chapter XII. Final provisions
78. The application of an Applicant cannot include the activities he is prohibited from engaging in by a court judgement.
79. The Applicant shall pay SPSC for technical services of document checking and certification prior to the meeting of the Commission according to the tariffs approved by the Minister of Environment. In case the procedures are postponed or the Applicant’s application is rejected, the payment shall not be refunded.
80. A copy of an RRC, RGC or Qualification Certificate and the documents on right recognition, right granting or certification of an Applicant shall be kept by SPSC for five years after their expiry.
81. A decision of the Commission not to issue, to suspend or to cancel an RRC, RGC or Qualification Certificate, as well as reasoned requests of the institutions of state supervision of construction to cancel or change the decisions of the Certification Commission related to issuing or extension of an RRC, RGC or Qualification Certificate, can be appealed against to the Commission of Appeal appointed by the Minister of Environment within one month after the day when the decision of the Commission is made (hereinafter referred to as "the Appeal"). All other complaints shall be heard by the Commission.
82. Persons who file an Appeal shall be informed about the decision passed after hearing the Appeal in writing within one month after the Appeal is filed. The decision of the Commission of Appeal shall be mandatory.
Qualification requirements for education and professional experience of heads of a non-exceptional significance construction works
| HEADS |
MINIMUM QUALIFICATION REQUIREMENTS |
|
|
|
|
Work record |
|
|
Document certifying education in civil engineering |
Work experience (years)[1] |
|
|
|
|
|
|
|
|
| head of design of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of a part of design of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of supervision of the implementation of the design documentation of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of supervision of the implementation of a part of the design documentation of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of construction of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of special construction operations of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of technical supervision of construction of a non-exceptional significance construction works |
Higher education diploma, diploma |
3 |
|
|
|
|
| head of technical supervision of special construction operations of a non-exceptional significance construction works |
Higher education diploma, diploma |
2 |
|
|
|
|
| head of expert examination of the design documentation of a non-exceptional significance construction works |
Higher education diploma |
3 |
|
|
|
|
| head of expert examination of a part of the design documentation of a non-exceptional significance construction works |
Higher education diploma |
3 |
|
|
|
|
| head of expert examination of a non-exceptional significance construction works |
Higher education diploma |
3 |
|
|
|
|
| head of expert examination of a part of a non-exceptional significance construction works |
Higher education diploma |
3 |
Qualification requirements for education and professional experience of heads of an exceptional significance construction works
| HEADS |
MINIMUM QUALIFICATION REQUIREMENTS |
||
|
|
|
|
|
|
|
Document certifying education in civil engineering |
Work record [2] |
Work record [3] |
|
|
|
|
|
| head of design of an exceptional significance construction works |
Higher education diploma |
5 |
3 |
|
|
|
|
|
| head of a part of design of an exceptional significance construction works |
Higher education diploma |
3 |
2 |
|
|
|
|
|
| head of supervision of the implementation of the design documentation of an exceptional significance construction works |
Higher education diploma |
5 |
3 |
|
|
|
|
|
| head of supervision of the implementation of a part of the design documentation of an exceptional significance construction works |
Higher education diploma |
3 |
2 |
|
|
|
|
|
| head of construction of an exceptional significance construction works |
Higher education diploma, diploma |
3 |
2 |
|
|
|
|
|
| head of special construction operations of an exceptional significance construction works |
Higher education diploma, diploma |
3 |
2 |
|
|
|
|
|
| head of technical supervision of construction of an exceptional significance construction works |
Higher education diploma, diploma |
5 |
3 |
|
|
|
|
|
| head of technical supervision of special construction operations of an exceptional significance construction works |
Higher education diploma, diploma |
3 |
2 |
|
|
|
|
|
| head of expert examination of the design documentation of an exceptional significance construction works |
Higher education diploma |
5 |
3 |
|
|
|
|
|
| head of expert examination of a part of the design documentation of an exceptional significance construction works |
Higher education diploma |
4 |
2 |
| head of expert examination of an exceptional significance construction works |
Higher education diploma |
5 |
3 |
|
|
|
|
|
| head of expert examination of a part of an exceptional significance construction works |
Higher education diploma |
5 |
3 |
[1] The duration of work in a respective area (design, construction or expert examination) as a Head or under the management of another Head within the last 5 years shall be calculated from the day a diploma or a higher education diploma is awarded.
[2] The duration of work in a respective area (design, construction or expert examination) as a Head of a non-exceptional significance construction works or under the management of another Head in an exceptional significance construction works within the last 10 years shall be calculated from the day a diploma or a higher education diploma is awarded.
[3] The duration of work in a respective area (design, construction or expert examination) as a Head of an exceptional significance construction works within the last 10 years shall be calculated from the day a diploma or a higher education diploma is awarded.