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Dovoljenje za začasno/občasno opravljanje storitev pooblaščenih arhitektov
Zakonito ustanovljeni ponudniki iz ene izmed 27 držav članic EU lahko začasno/občasno opravljajo storitve v Republiki Sloveniji. Pred prvim opravljanjem storitev in vsakokrat, ko se bistveno spremenijo njegove okoliščine za opravljanje storitve mora ponudnik vloži prijavo pri pristojnem organu - Zbornici za arhitekturo in prostor Slovenije (ZAPS)
V primeru, da ima ponudnik ustrezne poklicne kvalifikacije v matični državi po minimalnih pogojih usposobljenosti ali pridobljenih pravicah in izpolnjuje spodaj opisane predpisane pogoje, ga zbornica brez dodatnega preverjanja poklicnih kvalifikacij prijavi. Prijava je veljavna eno leto, po izteku tega roka pa jo ponudnik, ki želi še naprej opravljati občasne ali začasne storitve v Republiki Sloveniji, lahko podaljša.
Če ponudnik nima ustreznih poklicnih kvalifikacij po minimalnih pogojih usposobljenosti se v postopku obravnave prijave preverijo njegove kvalifikacije podobno kot pri splošnem sistemu (ustrezne poklicne kvalifikacije v matični državi) in ostali spodaj opisani pogoji. Če pristojni organ ugotovi, da ta izpolnjuje pogoje mu izda dovoljenje za začasno/občasno opravljanje storitev pooblaščenega arhitekta za obdobje enega leta, katerega lahko po izteku podaljša.
Po prijavi/izdaji dovoljenja ZAPS ponudnika začasno vpiše v imenik pooblaščenih arhitektov. Posameznik z dnem vpisa v imenik postane začasni član poklicne zbornice.
Članska izkaznica in enotni žig se posamezniku izdata samo na njegovo izrecno zahtevo.
V primeru, da pri podaljšanju prijave/dovoljenja pristojni organ ugotovi, da ima opravljanje poklica naravo trajnega opravljanja zahteva trajen vpis v imenik pooblaščenih arhitektov in inženirjev, včlanitev kandidata v zbornico in plačilo vseh obveznosti do zbornice, ki se zahtevajo pri trajnem opravljanju reguliranega poklica, v skladu z določbami prejšnjega člena, vključno s stroški vpisa in plačilom članarine.
Pogoji in dokazila
These terms apply to the profession Certified architect (PA)
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The individual concerned must be a citizen of the Republic of Slovenia or any other Member State of the European Union (EU), European Economic Area (EEA) or the Swiss Confederation.
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An individual must meet all the prescribed conditions for exercising a regulated profession in his or her country of origin.
An individual must have appropriate professional qualifications for performing services in the Republic of Slovenia.
If the profession is not regulated in the country of origin, the individual must have provided the services to be provided in the Republic of Slovenia continuously or cumulatively for at least two years in the last 10-year period before he or she may start providing these services in the Republic of Slovenia.
Evidence
A diploma, a certificate and other documents confirming the applicant's level of education, professional competence, experience and other competencies, and certificates attesting to the type and content of training completed.
Legal basis
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Insurance against liability for damages that might be incurred by an investor or a third party in connection with the pursuit of architectural and engineering activities may be concluded as:
- a comprehensive guarantee, which shall be renewed annually; or
- as collateral for a particular transaction falling within the scope of the economic operator’s activity.
The insurance shall cover the liability for negligence resulting in damage or material defect and including among direct material damage (damage and destruction) also the costs directly required for the elimination or prevention of damage without the occurrence of any actual damage.
The damage that must be covered by insurance also includes:
- damage in the form of a reduction in the value of the business transaction or construction, and
- other damage resulting from a claim made by an investor or a third party.
The liability insurance must cover the damage for actions taken during the period of insurance or for actions for which a loss event notice has been filed during the period of the insurance.
The insurance amount for all insurance cases in a given year or for an individual transaction, if the insurance is taken out for a particular business operation, shall not be less than EUR 50,000.
The insurance policy must contain the following:
- the names of the certified architects and engineers covered by the insurance, or
- the general clause that the liability insurance covers all certified architects and engineers in the economic operator.
Insurance may also take the form of collective insurance through the Chamber.
Evidence
Proof of liability insurance shall be a document showing that liability insurance was established in the Republic of Slovenia or in a state party, under the condition that such insurance covers any damage caused in the Republic of Slovenia.
The competent authority shall accept as sufficient evidence a certificate to that effect issued by a bank or insurance undertaking of the Contracting State of origin. Where the competent authority has reasonable doubt as to the validity of older evidence, it may request that evidence not be older than three months.
Legal basis
- Architecture and Civil Engineering Act (ZAID)
- Act Regulating the Procedure for the Recognition of Professional Qualifications for Practising Regulated Professions (ZPPPK)
Administrator of Legislation
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May be entered in the register of certified architects and engineers any person that is not subject
- to a security measure prohibiting the practice of a profession or
- to a disciplinary sanction of removal from a register of certified architects and engineers imposed by a final court decision, unless the prohibition or sanction has already expired.
Evidence
In recognising professional qualifications obtained abroad, the competent authority shall consider as sufficient evidence the certificates issued in the Contracting Party of origin or in the Contracting State from which the applicant is coming, certifying that the requirements have been met.
Where the country referred to in the preceding paragraph does not issue such a document, a declaration made by the applicant before the competent authority of that country which attests to the authenticity of the declaration shall suffice for the requirements to be deemed fulfilled.
Where there is reason to doubt the validity of the earlier documents, the competent authority may require that the evidence is not older than three months.
Legal basis
- Architecture and Civil Engineering Act (ZAID)
- Disciplinary rules of the Chamber of Architecture and Spatial Planning of Slovenia
- Disciplinary rules of the Slovenian Chamber of Engineers
- Act Regulating the Procedure for the Recognition of Professional Qualifications for Practising Regulated Professions (ZPPPK)
Administrator of Legislation
Postopki
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S prijavo in preverjanjem poklicne kvalifikacije pri organu pristojnem za reguliran poklic lahko v Republiki Sloveniji začasno/občasno opravljate reguliran poklic, ki vpliva na javno zdravje in varnost. Prijava velja eno leto in jo lahko podaljšate.
Where and how to apply
To provide services with an impact on public health and safety (except in the case of professions where professional qualifications are automatically recognised) and in accordance with the applicable legislation, service providers must submit a declaration with the competent authority before providing services for the first time. In examination procedure, the applicant’s professional qualifications shall be examined. If the competent authority decides that the requirements are fulfilled, it shall issue a permit for a period of one year. This period may be extended thereafter.
You can check which regulated professions require registration with a professional qualification in the list of regulated professions for which a license is required as defined in Article 7 (4) of Directive 2005/36 / EC.
Personal
In the procedure, it is necessary to attach the annexes below and pay the costs. For the payment and transfer of the administrative fee, the candidate should contact the competent body that conducts the procedures in the Republic of Slovenia.
On receipt of applications, the competent authority shall inform applicants if any information is missing and, if necessary, request additional documentation.
Decision-making process and decisions
The authority must within one month from receipt of declaration and all attached documentation inform applicants of its decision:
- not to check the professional qualifications,
or
- invite applicants to
- carry out an aptitude test,
- or allow them to provide services.
In the event of any cause for delaying a decision, the competent authority shall, within the same period, inform service providers of the reason for the delay. The cause for delay shall be resolved within one month of this notification and a decision shall be issued within two months from that time.
Declaration shall include the service provider's personal data, title of the regulated profession, information about insurance coverage, or other form of personal or collective protection for professional liability, and relevant documentation as follows:
- proof of nationality of the service provider;
- attestation that the service provider is legally established in a Member State of the European Union, European Economic Area, and Swiss Confederation for the purpose of carrying out the activities concerned and that they are not prohibited from carrying out those activities, not even temporarily, at the moment of delivering the attestation;
- proof of professional qualifications;
- in cases where the profession is not regulated in the Member State of establishment, proof must be given that the service provider has provided this service for a period of at least one year in the last ten years;
- for professions in the field of security, health sector, and related to childcare and education of minors, proof of a clean criminal record is required, and proof that the service provider is neither temporarily nor definitively prohibited of the right to work in the profession, and provided that such proof is required for the citizens of the Republic of Slovenia;
- a declaration about the service provider’s language skills for professions involving patient safety where language proficiency is necessary to work in the profession in the Republic of Slovenia;
- a certificate on the nature and duration of relevant activities from the competent authority or authority in the state of origin/establishment in relation to professions recognised on the basis of professional experience (crafts, trade and industry) and for which professional qualifications are required to be checked before services start.
Competent authorities of the Republic of Slovenia may require service providers to communicate any or all of the following information to recipients of services:
- information on the register in which service providers are entered, the registration number or other form of identification in the register, provided that service providers are entered in commercial or other public registers;
- name and address of the competent authority that approved the activity in the state of origin/establishment;
- association or other body in which service providers are registered;
- title of the service provider’s profession, professional activity, or professional qualifications, and state of origin of the documentation;
- value added tax (VAT) identification number under the law on value added tax where service providers undertake activities subject to VAT;
- insurance cover, or other form of personal or collective protection for professional liability.
If the difference between the professional qualification of the service provider and the qualification required in the Republic of Slovenia is so great as to endanger public health or safety, the competent authority shall enable the provider to prove that he has acquired the missing knowledge, skills and competences.
The competent authority shall issue a permit to the service provider for the temporary or occasional provision of services within one month of receiving proof of successful completion of the aptitude test or acquired missing knowledge, skills and competencies.
In case if the competent authority does not decide within the specified time limits, upon the expiry of the time limit, the permit for temporary or occasional provision of services shall be deemed to have been issued and the provider may start providing services.
In certain cases, services must also be registered with the Employment Service of the Republic of Slovenia.
Instructions
- Navodila za izpolnjevanje elektronske vloge za prijavo ponudnika storitev za začasno opravljanje reguliranega poklica oziroma dejavnosti v Republiki Sloveniji [docx]
Attachments
- Proof of nationality
- Evidence of professional qualifications
Procedure costs
The procedure starts with an application to the competent authority for a regulated profession, together with required documentation and paid fees, pursuant to the Slovenian Administrative Fees Act, Fee Tariff No 7.
Type of fee Amount For an application for the recognition of education under the general procedure EUR 35.00 For a decision on the recognition of education under the general procedure EUR 35.00 For payments, and administrative fees, applicants should contact the competent authority for the procedure in the Republic of Slovenia.
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Where and how to apply
Those wishing to provide services on an occasional or temporary basis, must be legally established in one of the 27 Member States, or in one of the following: Norway, Iceland, and Liechtenstein; or in the Swiss Confederation
You can apply for declaration with a competent authority physically / in person / by post at the relevant competent authority, depending on the regulated profession. You can find out which competent authority is responsible for an individual regulated profession in the list of regulated professions.
Who?
The Republic of Slovenia may require service providers from other states to inform competent authorities in a written declaration before starting services.
Personal
Declaration is not an authorisation or request to work in a profession, but merely a notice of jurisdiction and a notice concerning the provision of services in the Republic of Slovenia. Declaration is valid for one year and may be extended by the service provider.
In this case, service providers may start working as soon as they submit a declaration.
In the procedure, it is necessary to attach the annexes below. The procedure is free.
Attachments
- Proof of nationality
- Attestation of legal establishment
- Evidence of professional qualifications
- Proof of one-year professional experience
Procedure costs
The procedure is free.
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An individual who performs professional tasks in the Republic of Slovenia cross-border / temporarily for more than one year, extends his / her application / permit before the expiry of the deadline and states in it any change in the data.
Where and how to apply
If the competent authority, upon renewal of the application / permit on the basis of the criteria from the law governing the procedure for recognition of professional qualifications, finds that an individual's practice of a regulated profession has the nature of permanent practice of a regulated profession, he may request permanent registration.
Personal
Procedure costs
The procedure is free.