FOREIGNERS PERFORMING PROFESSIONAL ACTIVITIES IN THE AREA OF SPATIAL AND URBAN PLANNING, DRAFTING OF TECHNICAL DOCUMENTS, CONSTRUCTION ACTIVITIES AND ENERGY EFFICIENCY

Article 162a of the Amending Law to the Law on Planning and Construction (Official Gazette of the RS, No. 9/2020) prescribes that a foreign natural person who has been issued a licence or another authorization, and/or a person entered in the appropriate register of the competent authority or body pursuant to the regulations of another state (hereinafter referred to as: foreign authorized natural person) for the performance of professional activities corresponding to the professional activities defined by this law, shall be entitled in the Republic of Serbia to perform such professional activities in the capacity of a responsible person under the conditions of reciprocity and provided that such a person meets the requirements prescribed by this law, the regulations passed on the basis of this law, and the special law regulating the recognition of foreign professional qualifications.

A foreign authorized natural person must meet the requirements specified by the law regulating the employment of foreigners and their work.

The procedure for establishing the fulfilment of the requirements under Paragraph 1 shall be performed by the ministry competent for planning and construction activities in accordance with the law and the regulations passed on the basis of the law, on the basis of a special law regulating the recognition of professional qualifications, and on the basis of other special regulations.

The application for establishing the fulfilment of the conditions of reciprocity shall be filed with the Ministry of Construction, Transport and Infrastructure, department for personal licences for spatial planners, urban developers, engineers, architects, and contractors, Nemanjina str. No. 22-26, 1100 Belgrade.

The application for establishing the fulfilment of the conditions of reciprocity shall be filed with the following documents enclosed:

1. a copy of the passport and the certificate of residence in accordance with the law regulating the movement and stay of foreigners;
2. evidence of recognition of a foreign higher education document in accordance with the regulations governing the area of higher education, and/or the recognition of foreign higher education documents for the purpose of employment;
3. evidence of entry in the register of the competent authority, and/or a copy of the licence or another authorization issued by the competent authority in accordance with the regulations of another state;
4. evidence of professional experience (certificate of the professional experience gained at appropriate jobs issued by a legal entity), as well as evidence of professional results.

Evidence under Items 2), 3), and 4) shall be in the form of certified transcripts in the Serbian language.

PROFESSIONAL EXAMINATION

A foreign national and/or a person who has acquired appropriate education abroad, and who has been issued a licence or another authorization, and/or who has been entered in an appropriate register of the competent authority in accordance with the regulations of another state, shall take the general part of the professional examination under the conditions of reciprocity or on the basis of bilateral or multilateral agreements signed, unless otherwise specified by such agreements, provided that the person concerned meets the requirements specified by special regulations governing higher education and/or the recognition of foreign higher education documents for the purpose of employment, and that he/she has submitted other evidence in accordance with the Rule Book on Taking the Professional Examination in the Area of Spatial and Urban Planning, Drafting of Technical Documents, Construction and Energy Efficiency, as well as in accordance with the licences for responsible persons and the register of licenced engineers, architects and spatial planners.

The general part of the professional examination shall be taken pursuant to the uniform programme including testing the applicant's knowledge of the basics of: the constitutional system, labour relations, general administrative procedure, and the legal aspects of spatial planning and construction of facilities.

The programme for the general part of the professional examination includes the subject matters under the following examination areas:

1. constitutional system: the basics of the constitutional system of the Republic of Serbia; the freedoms, rights and duties of man and citizen; authorities of the Republic of Serbia; economic and social system; territorial organization of the Republic of Serbia - local self-government; constitutionality and legality - constitutional court;
2. labour relations: entering an employment relationship; service contract, working hours, vacation and leaves; wages and remuneration; protection of employees' rights; employees' responsibilities; termination of employment; collective agreements;
3. administrative procedure: the principles of administrative procedure; presentation of evidence in the administrative procedure; decision; appeal and proceeding on the basis of an appeal; finally, enforceable and final decisions; enforcement of the decision;
4. legal aspects of spatial planning and construction of facilities: entities in spatial and urban planning and construction of facilities; spatial and urban planning documents (development rules, construction rules); competences and procedures for issuing site conditions, building and utilization permits; utilization of building land; types and contents of technical documents; classification of facilities.

Legal sources for taking the professional examination also include other regulations and/or rule books, norms and standards from professional areas and/or narrow professional areas which are the subject of the professional examination, as well as any amendments to the aforementioned and other regulations.

Application for taking the professional examination

Applications for taking the professional examination (hereinafter referred to as: the application) shall be filed with the Serbian Engineers Chamber. The application form for taking the professional examination is posted on the Chamber website.

Candidates who are foreign natural persons applying for taking the professional examination and/or the general part of the examination in accordance with the provisions of Article 3 Para. 5 of the Rule Book shall enclose the following evidence with the application:

1. a copy of the passport and the certificate of residence in accordance with the law regulating the movement and stay of foreigners;
2. evidence of recognition of a foreign higher education document in accordance with the regulations governing the area of higher education, and/or the recognition of foreign higher education documents for the purpose of employment;
3. evidence of entry in the register of the competent body and/or a copy of the licence or another authorization issued by the competent authority in accordance with the regulations of another state;
4. employer's certificate under Para. 2 Item 5) of this article, regarding the type of jobs performed by the Candidate and the professional experience gained, as well as evidence of professional results.

The evidence under Items 3) and 4) shall be submitted in the form of a certified transcript in the Serbian language.

Requirements for issuing a licence to a foreign national

On the basis of the conditions of reciprocity, a licence may be issued to a foreign national who has been issued a licence or another authorization by a competent authority or who has been entered in the appropriate register pursuant to the regulations of another state, provided that the person concerned meets the requirements specified in special regulations governing higher education and/or the recognition of foreign higher education documents for the purpose of employment, and that he/she has passed the professional examination in accordance with Article 3 Para. 5 of the Rule Book, as well as having met the other requirements specified by the Rule Book, unless otherwise specified by the conditions of reciprocity or multilateral agreements.

A foreign national shall be issued a licence provided that no criminal proceedings have been, or were, conducted against him/her, including any proceedings for establishing his/her professional liability for the purpose of suspending or withdrawing the licence and/or authorization in the country where the person acquired the licence or authorization, and provided that the person concerned has had at least two years of professional experience in continuity after acquiring the licence and/or the authorization.

An appropriate licence shall be issued to a foreign national for the purpose of performing activities in the Republic of Serbia, with a year's validity from the date of its issuing, including the possibility of its renewal on the basis of an application filed for the extension of the validity of the licence.

The licence shall be the basis for the provisional entry in the register of foreigners performing professional activities in accordance with the requirements specified by the Rule Book.