THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 100/2018/ND-CP	Hanoi, July 16, 2018

 

DECREE

AMENDINGAND ANNULING SOME REGULATIONS ON NECESSARY BUSINESS CONDITIONS IN FIELDS UNDERTHE MANAGEMENT OF THE MINISTRY OF CONSTRUCTION

Pursuant to the Law on Government Organization dated June19, 2015;

Pursuant to the Law on amendments to Article 6 and Appendix4 on the list of conditional business lines stipulated in the Law on Investmentdated November 22, 2016;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Real Estate Trading dated November25, 2014;

At the request of the Minister of Construction;

The Government hereby promulgates a Decree that amends andannuls some regulations on necessary business conditions in fields under themanagement of the Ministry of Construction.

Article 1. Amending and annullingsome Articles of the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015on construction project management (hereinafter referred to as “the Decree No.59/2015/ND-CP”) and some Clauses of Article 1 of the Government’s Decree No.42/2017/ND-CP on amendments to some Articles of the Government's Decree No.59/2015/ND-CP dated June 18, 2015 on construction project management(hereinafter referred to as “the Decree No. 42/2017/ND-CP”):

1. Clauses 7, 15, 16, 17, 18, 19 and 20 Article 2 of theDecree No. 59/2015/ND-CP are amended as follows:

“7. “project manager” means the title of an individual whois assigned to manage and coordinate a specific construction project by thedirector of Director of field-based or area-based project management board orthe legal representative of the investor (in case the investor manages theproject himself/herself).

15. “chairperson” means the title of an individual who isassigned to perform specialized tasks of a planning project or specificproject, including taking charge of designing disciplines of a constructionplanning project; taking charge of designing disciplines of constructiondesign; taking charge of construction; taking charge of managing constructioncost.

16. “president” means the title of an individual who isassigned to manage and coordinate all specialized tasks of a planning projector specific project, including acting as a president in charge of designingconstruction planning; carrying out construction survey; construction design.

17. “chief supervisor” means the title of an individual whois assigned by a construction supervision organization to manage thesupervision of a specific project or work.

18. “site manager” means the title of an individual who isassigned by a construction supervision organization to manage the constructionof a specific project or work.

19. “practicing certificate code” means a 08-digit serialnumber that is used to manage an individual’s construction practicingcertificate. Each individual involved in construction activities shall begranted a practicing certificate code when applying for the practicingcertificate for the first time as prescribed in this Decree. The practicingcertificate code shall remain unchanged when the individual applies forreissuance of or revision to the issued practicing certificate.

20. “eligibility certificate code” means a 08-digit serialnumber that is used to manage an organization’s certificate of eligibility forconstruction activities. Each organization involved in construction activitiesshall be granted an eligibility certificate code when applying for theeligibility certificate for the first time as prescribed in this Decree. Theeligibility certificate code shall remain unchanged when the organizationapplies for reissuance of or revision to the issued eligibility certificate.”.

2. Article 44 of the Decree No. 59/2015/ND-CP is amended asfollows:

“Article 44. Construction practicing certificates

1. The construction practicing certificate (hereinafterreferred to as “the practicing certificate”) shall be issued to any Vietnamesecitizens, overseas Vietnamese or foreigners who legally carry out constructionactivities in Vietnam in order for them to hold certain positions or run theirown construction business as prescribed in Clause 3 Article 148 of the Law onConstruction 2014.

2. Any foreigner or overseas Vietnamese who obtained apracticing certificate issued by a foreign authority or organization and haspracticed construction in Vietnam for less than 06 months, he/she shall bepermitted to practice construction activities. If he/she has practicedconstruction in Vietnam for at least 06 months, he/she is required to changethe construction practicing certificate as prescribed in Article 44b of thisDecree.

3. Any individual having yet to obtain a practicingcertificate is entitled to participate in the construction sector whereappropriate for his/her major, and is not authorized to run his/her ownconstruction business as well as hold any title that requires the practicingcertificate.

4. The practicing certificate is valid for up to 05 years. Regardingthe practicing certificate of a foreign individual, its effective period shallbe determined according to the period specified in the work permit or temporaryresident card issued by a competent authority but not exceed 05 years.

5. The forms and contents of the practicing certificate areprovided in the Appendix VIII of this Decree.

6. The practicing certificate is managed using thepracticing certificate code, including 02 groups of code joined together by ahyphen (-) as follows:

a) First group includes three characters representing theplace of issue as prescribed in Appendix VII hereof.

b) Second group indicates the practicing certificate code.

8. The Ministry of Construction shall uniformly manage theissuance and revocation of the practicing certificate, and issuance of thepracticing certificate code; provide professional guidelines for issuing thepractice certificate; publish the list of individuals issued with thecertificate; organize the online issuance of the practicing certificate.”.

3. Article 44a is added to the Decree No. 59/2015/ND-CP asfollows:

“Article 44a. Issuance and revocation of constructionpracticing certificate

1. The construction practicing certificate shall be issuedto:

a) Any individual applying for the practicing certificatefor the first time or upgrading his/her practicing certificate;

b) Any individual applying for adjustments or amendments tohis/her practicing certificate;

c) Any individual applying for reissuance of the practicingcertificate in case the old certificate is lost or damaged or expired; or

d) The individuals mentioned in Clause 2 Article 44 of thisDecree who wish to convert his/her practicing certificate.

2. An individual whose practicing certificate shall berevoked in one of the following cases:

a) The individual no longer satisfies the conditionsspecified in Clause 1 Article 45 of this Decree;

b) The application for the pharmacy practicing certificatecontains counterfeit documents;

c) The holder of the practicing certificate rents it, lendsit, leases it, borrows it or allows another person to use it;

d) Contents of the practicing certificate are corrected,erased or falsified;

dd) The practicing certificate is incorrect because of theissuing authority;

e) The practicing certificate is issued ultra vires;

g) The practicing certificate is issued in the case offailure to meet eligibility requirements as prescribed.

3. The individual whose practicing certificate is revokedin the cases specified in Points b, c and d Clause 2 of this Article is entitledto apply for issuance of the practicing certificate 12 months after the date onwhich the decision on practicing certificate revocation is issued. Proceduresfor issuance of the practicing certificate are the same as those specified inPoint a Clause 1 of this Article.

The individual whose practicing certificate is revoked inthe case specified in Point dd Clause 2 of this Article shall be re-issued withthe practicing certificate in accordance with the procedures specified inClause 2 Article 56b of this Decree.”.

4. Article 44b is added to the Decree No. 59/2015/ND-CP asfollows:

“Article 44b. The power to issue and revoke theconstruction practicing certificate

1. Power to issue the practicing certificate:

a) Construction authorities affiliated to the Ministry ofConstruction shall issue Rank-I practicing certificates.

b) Departments of Construction shall issue Rank-II andRank-III practicing certificates.

c) Socio-professional organizations specified in Article56c of this Decree shall issue Rank-II and Rank-III practicing certificates totheir members.

2. Authorities that have the power to issue practicingcertificates are the ones that have the power to revoke the practicingcertificates that they issued.”.

5. Article 45 of the Decree No. 59/2015/ND-CP is amended asfollows:

“Article 45. General eligibility requirements for issuanceof the construction practicing certificates

An individual shall be issued with the practicingcertificate if he/she:

1. has full legal capacity as prescribed by law and obtainsa residence permit or work permit if he/she is a foreigner or overseasVietnamese.

2. has his/her qualifications and experience relevant torequirements of the practicing certificate. To be specific:

a) A Rank-I practicing certificate is awarded to theindividual who gains a bachelor's degree in appropriate major and at least 07years’ experience relevant to requirements of that practicing certificate;

b) A Rank-II practicing certificate is awarded to theindividual who gains a bachelor's degree in appropriate major and at least 04years’ experience relevant to requirements of that practicing certificate;

c) A Rank-III practicing certificate is awarded to theindividual who has appropriate qualifications and at least 02 years’ experiencerelevant to requirements of that practicing certificate with respect to theholder of the undergraduate degree and at least 03 years’ experience withrespect to the holder of the associate degree or intermediate diploma.

3. passes the test in the field that is covered by thepracticing certificate applied for.”.

6. Article 46 of the Decree No. 59/2015/ND-CP is amended asfollows:

“Article 46. Construction survey practicing certificates

1. The fields to be covered by the construction surveypracticing certificate applied for include:

a) Topographical survey;

b) Geological survey;

2. Requirements for eligibility to be granted theconstruction survey practicing certificate relevant to the surveys prescribedin Clause 1:

a) A Rank-I construction survey practicing certificate isawarded to the individual who has worked as a president in charge ofconstruction survey in the field that is covered by the certificate applied forof at least 01 group A project or higher or 02 group B projects or higher or atleast 02 Class I works or higher or at least 03 Class II works or higher.

b) A Rank-II construction survey practicing certificate isawarded to the individual who has worked as a president in charge ofconstruction survey in the field that is covered by the certificate applied forof at least 01 group B project or higher or 02 group C projects or higher or atleast 02 Class II works or higher or at least 03 Class III works or higher.

c) A Rank-III construction survey practicing certificate isawarded to the individual who has worked as a president in charge ofconstruction survey in the field that is covered by the certificate applied forof at least 02 group C projects or higher or 02 projects that require economic- technical reports or at least 02 Class III works or higher or at least 03Class IV works.

3. Scope of construction survey:

a) The holder of a Rank-I construction survey practicingcertificate is entitled to work as a president in charge of construction surveyof all project groups and work classes specified in the practicing certificate.

b) The holder of a Rank-II construction survey practicingcertificate is entitled to work as a president in charge of a constructionsurvey of group B projects and Class II works or below specified in thepracticing certificate.

c) The holder of a Rank-III construction survey practicingcertificate is entitled to work as a president in charge of a constructionsurvey of group C projects, projects that require economic - technical reportsand Class III works or below specified in the practicing certificate.”.

7. Clause 13 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

“Article 47. Construction planning practicing certificates

1. An individual shall be considered to be issued with aconstruction planning practicing certificate if the following eligibilityrequirements corresponding to ranks are met:

a) A Rank-I construction planning practicing certificate isawarded to the individual who has worked as a chairperson or president incharge of designing disciplines of at least 01 construction planning projectthat has been approved by the Prime Minister or 02 construction planningprojects (including at least 01 inter-district, district or generalconstruction planning project) that have been approved by the People’s Committeeof the province.

b) A Rank-II construction planning practicing certificateis awarded to the individual who has worked as a chairperson or president incharge of designing disciplines of at least 01 construction planning projectthat has been approved by the People’s Committee of the province or 02construction planning projects that have been approved by the People’sCommittee of the district.

c) A Rank-III construction planning practicing certificateis awarded to the individual who has participated in designing disciplines ofat least 01 construction planning project that has been approved by thePeople’s Committee of the province or 02 construction planning projects thathave been approved by the People’s Committee of the district.

2. Scope of operation

a) The holder of a Rank-I construction planning practicingcertificate is entitled to work as a chairperson or president in charge ofdesigning disciplines of all construction planning projects.

b) The holder of a Rank-II construction planning practicingcertificate is entitled work as a chairperson or president in charge ofdesigning disciplines of all construction planning projects subject to approvalof the People Committee’s of the province and the People’s Committee of thedistrict.

c) The holder of a Rank-III construction planningpracticing certificate is entitled to work as a chairperson or president incharge of designing disciplines of all construction planning projects subjectto approval of the People Committee’s of the district.”.

8. Article 48 of the Decree No. 59/2015/ND-CP and Clause 14Article 1 of the Decree No. 42/2017/ND-CP are replaced as follows:

“Article 48. Construction design practicing certificates

1. The fields to be covered by the construction designpracticing certificate applied for include:

a) Architectural design;

b) Civil - industrial structure design;

c) Mechanical - electrical design;

d) Water supply – drainage design;

dd) Transport engineering design; agricultural and ruraldevelopment engineering design; infrastructural engineering design.

2. Requirements for eligibility to be granted theconstruction design practicing certificate:

a) A Rank-I construction design practicing certificate isawarded to the individual who has worked as a chairperson or president incharge of designing or appraising the design of tasks of the field that iscovered by the certificate applied for of least 01 Class I work or higher or atleast 02 Class II works or higher.

b) A Rank-II construction design practicing certificate isawarded to the individual who has worked as a chairperson or president incharge of designing or appraising the design of tasks of the field that iscovered by the certificate applied for of at least 01 Class II work or higheror at least 02 Class III works or higher or has participated in designing orappraising the design of the tasks relevant to requirements of that practicingcertificate of at least 03 Class II works or higher that are the same as thosespecified in the practicing certificate applied for.

c) A Rank-III construction design practicing certificate isawarded to the individual who has participated in designing or appraising thedesign of tasks of the field that is covered by the practicing certificateapplied for of at least 03 Class III works or higher or at least 05 Class IVworks or higher that are the same as those specified in the practicingcertificate applied for.

3. Scope of operation:

a) The holder of a Rank-I construction design practicingcertificate is entitled to work as a president in charge of construction designor a chairperson in charge of designing and appraising the design ofdisciplines of work classes that are the same as those specified in thepracticing certificate.

b) The holder of a Rank-II construction design practicingcertificate is entitled to work as a president in charge of construction designor a chairperson in charge of designing and appraising the design ofdisciplines of Class II works or below that are the same as those specified inthe practicing certificate.

c) The holder of a Rank-III construction design practicingcertificate is entitled to work as a president in charge of construction designor a chairperson in charge of designing and appraising the design ofdisciplines of class III and class IV works that are the same as thosespecified in the practicing certificate.”.

9. Article 49 of the Decree No. 59/2015/ND-CP and Clause 15Article 1 of the Decree No. 42/2017/ND-CP are replaced as follows:

“Article 49. Construction supervision practicingcertificate

1. The fields to be covered by the construction supervisionpracticing certificate applied for include:

a) Construction supervision:

- Supervision of civil - industrial engineering andinfrastructural engineering;

- Supervision of transport engineering;

- Supervision of agricultural and rural developmentengineering.

b) Equipment installation supervision.

2. Requirements for eligibility to be granted theconstruction supervision practicing certificate:

a) A Rank-I construction supervision practicing certificateis awarded to the individual who has worked as a chief supervisor or sitemanager or chairperson in charge of designing the tasks of the field that iscovered by the practicing certificate applied for of at least 01 Class I workor higher or 02 Class II works or higher that are the same as those specifiedin the practicing certificate applied for.

b) A Rank-II construction supervision practicingcertificate is awarded to the individual who has worked as a chief supervisoror site manager or chairperson in charge of designing the tasks of the fieldthat is covered by the practicing certificate applied for of at least 01 ClassII work or higher or 02 Class III works or higher that are the same as thosespecified in the practicing certificate applied for.

c) A Rank-III construction supervision practicingcertificate is awarded to the individual who has participated in constructionsupervision or construction design or constructed part of the field that iscovered by the practicing certificate applied for of at least 01 Class III workor higher or 02 Class IV works or higher that are the same as those specifiedin the practicing certificate applied for.

3. Scope of operation:

a) The holder of a Rank-I construction design practicingcertificate is entitled to work as a chief supervisor in charge of the worksthat are the same as those specified in the practicing certificate or work as asupervisor in charge of all works that are the same as those specified in thepracticing certificate.

b) The holder of a Rank-II construction design practicingcertificate is entitled to work as a chief supervisor in charge of the Class IIworks or below or work as a supervisor in charge of all works that are the sameas those specified in the practicing certificate.

c) The holder of a Rank-III construction design practicingcertificate is entitled to work as a chief supervisor in charge of the ClassIII works or below or work as a supervisor in charge of all works that are thesame as those specified in the practicing certificate.”.

10. Clause 16 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

“Article 50. Eligibility requirements for practicingconstruction inspection

1. An individual who works as a chairperson in charge ofinspecting quality, identifying causes of damage, service life of parts ofworks or constructions works, and in charge of carrying out inspections toindentify causes of construction incidents shall satisfy the followingeligibility requirements corresponding to ranks:

a) A Rank-I construction inspection practicing certificateis issued to the individual who has been issued with a Rank-I constructiondesign practicing certificate or worked as a chairperson in charge ofconstruction inspection of at least 01 Class I work or higher or 02 Class IIworks or higher of the same type.

b) A Rank-II construction inspection practicing certificateis issued to the individual who has been issued with a Rank-II constructiondesign practicing certificate or worked as a chairperson in charge ofconstruction inspection of at least 01 Class II work or higher or 02 Class IIIworks or higher of the same type.

c) A Rank-III construction inspection practicingcertificate is issued to the individual who has been issued with a Rank-IIIconstruction design practicing certificate or participated in constructioninspection of at least 01 Class III work or higher or 02 Class IV works orhigher of the same type.

2. Scope of operation:

a) The holder of a Rank-I construction inspectionpracticing certificate is entitled to work as a chairperson in charge of allworks of the same type.

b) The holder of a Rank-II construction inspectionpracticing certificate is entitled to work as a chairperson in charge of ClassII works or below of the same type.

c) The holder of a Rank-III construction inspectionpracticing certificate is entitled to work as a chairperson in charge of ClassIII and Class IV works of the same type.”.

11. Article 52 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 52. Construction valuation practicing certificates

1. Each individual obtaining a construction valuationpracticing certificate is entitled to work as a chairperson in charge ofconstruction cost management. To be specific:

a) Determine and assess total construction investment;analyze risks and evaluate investment effectiveness;

b) Determine investment rates, construction norms,construction prices, and construction price indexes;

c) Measure construction volume;

d) Determine and assess construction estimate;

dd) Determine contract package prices and contract valuewith respect to construction activities;

e) Control construction cost;

g) Formulate and assess documents on payment or settlementof construction investment and convert construction investment after theconstruction is completed, transferred and put into operation.

2. Requirements for eligibility to be granted theconstruction valuation practicing certificate:

a) A Rank-I construction valuation practicing certificateis awarded to the individual who has worked as a chairperson in charge ofone of the tasks related to construction cost management of at least 01 group Aproject or higher or 02 group B projects or higher or 01 Class I work or higheror 02 Class II works or higher.

b) A Rank-II construction valuation practicing certificateis awarded to the individual who has worked as a chairperson in charge of oneof the tasks related to construction cost management of at least 01 group Bproject or higher or 02 group C projects or higher or 01 Class II work orhigher or 02 Class III works or higher.

c) A Rank-III construction valuation practicing certificateis awarded to the individual who has participated in performing one of thetasks related to construction cost management of at least 01 group C project orhigher or at least 02 projects that require economic - technical reports or 01Class III work or higher or 02 Class IV works or higher.

3. Scope of operation:

a) The holder of a Rank-I construction valuation practicingcertificate is entitled to work as a chairperson in charge of construction costmanagement regardless of project groups and types or construction work typesand classifications.

b) The holder of a Rank-II construction valuationpracticing certificate is entitled to work as a chairperson in charge ofmanaging construction cost of group B projects or below and Class I works orbelow.

c) The holder of a Rank-III construction valuationpracticing certificate is entitled to work as a chairperson in charge ofmanaging the cost of execution of group C projects, projects that require economic- technical reports and Class II works or below.”.

12. Article 53 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 53. Practicing requirements to be satisfied bysite managers

1. An individual who works as a site manager shall satisfyrequirements corresponding to ranks as follows:

a) Rank I: He/she has been issued with a Rank-Iconstruction supervision practicing certificate or worked as a site manager incharge of at least 01 Class I work or higher or 02 Class II works or higher ofthe same type.

b) Rank II: He/she has been issued with a Rank-IIconstruction supervision practicing certificate or worked as a site manager incharge of at least 01 Class II work or higher or 02 Class III works or higherof the same type.

c) Rank III: He/she has been issued with a Rank-IIIconstruction design practicing certificate or participated in constructioninspection of at least 01 Class III work or higher or 02 Class IV works orhigher of the same type.

2. Scope of operation:

a) Rank I: He/she is entitled to work as a site manager incharge of the works that are the same as those specified in the constructionsupervision practicing certificate or those of which he/she was in charge.

b) Rank II: He/she is entitled to work as a site manager incharge of Class II works or below that are the same as those specified in theconstruction supervision practicing certificate or those of which he/she was incharge.

c) Rank III: He/she is entitled to work as a site managerin charge of Class III and IV works that are the same as those specified in theconstruction supervision practicing certificate or those of which he/she was incharge.”.

13. Clause 18 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

“Article 54. Project management practicing certificates

1. An individual working as a project manager shall obtaina project management practicing certificate in accordance with types and scopeof the project as prescribed in this Article.

2. Requirements for eligibility to be granted the projectmanagement practicing certificate:

a) A Rank-I project management practicing certificate isissued to the individual who has worked as a project manager in charge of atleast 01 group A project or higher or at least 02 group B projects or higher ofthe same type; or has been issued with one of the three practicing certificates(Rank-I construction design/Rank-I construction supervision/Rank-I constructionvaluation practicing certificate) and has participated in managing at least 01group A project or higher or 02 group B projects or higher of the same type.

b) A Rank-II project management practicing certificate isissued to the individual who has worked as a project manager in charge of atleast 01 group B project or higher or at least 02 group C projects or higher ofthe same type; or has been issued with one of the three practicing certificates(Rank-II construction design/Rank-II construction supervision/Rank-IIconstruction valuation practicing certificate) and has participated in managingat least 01 group B project or higher or 02 group C projects or higher or 03projects or higher of the same type that require an economic - technicalreport.

c) A Rank-III construction valuation practicing certificateis awarded to the individual who has participated in managing at least 01 groupC project or higher of the same type.

3. Scope of operation:

a) The holder of a Rank-I project management practicingcertificate is entitled to work as a project manager in charge of all projectgroups corresponding to project types specified in the practicing certificate.

b) The holder of a Rank-II project management practicingcertificate is entitled to work as a project manager in charge of group B and Cprojects corresponding to project types specified in the practicingcertificate.

c) The holder of a Rank-III project management practicingcertificate is entitled to work as a project manager in charge of group Cprojects and projects that only require economic - technical reportscorresponding to the project types specified in the practicing certificate.”.

14. Article 55 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 55. Application for construction practicingcertificate

1. An application for issuance of the constructionpracticing certificate for the first time or upgrade of the constructionpracticing certificate includes:

a) An application form provided in the Appendix I hereof,enclosed with the applicant’s 02 color 4 x 6 cm and white background pictureswhich are taken within the last 06 months;

b) Qualification(s) awarded by a legal training institutionin accordance with the type or rank of the certificate applied for.

The qualification(s) awarded by a foreign traininginstitution must consularly legalized and enclosed with notarized and certifiedVietnamese translations as prescribed by Vietnam’s laws;

c) Practicing certificate issued by a competent authority,in the case of applying for upgrade of the practicing certificate.

d) Decisions on task assignment (responsibility assignment)issued by an organization to an individual or written confirmation of completedtypical tasks provided by the legal representative of the investor. The personsigning the written confirmation shall take responsibility for itstruthfulness. In case the individual runs his/her own construction business, acontract and record on commissioning of listed typical tasks are required.

dd) Legal residence-related documents or work permit issuedby a Vietnamese competent authority, applicable to foreigners.

e) Satisfactory test result in case the test is done beforethe date of submission of the application for the practicing certificate.

g) Documents specified in Points b, c, d and dd of thisClause must be certified true copies or included in a file that contains colorphotos of originals or copies presented together with the originals forcomparison.

2. An application for reissuance of the practicingcertificate includes:

a) An application form provided in the Appendix I hereof,enclosed with the applicant’s 02 color 4 x 6 cm and white background pictureswhich are taken within the last 06 months;

b) A certified true copy or file that contains color photosof the original or copy of the issued practicing certificate, presentedtogether with the original for comparison or a commitment form made by theapplicant for reissuance in case of loss of the practicing certificate.

3. An application for adjustments or amendments to thepracticing certificate includes:

a) An application form provided in the Appendix I hereof,enclosed with the applicant’s 02 color 4 x 6 cm and white background pictureswhich are taken within the last 06 months;

b) Documents concerning adjustments or amendmentsprescribed in Clause 1 of this Article.

4. An application for conversion of the practicingcertificate includes:

a) An application form provided in the Appendix III hereof,enclosed with the applicant’s 02 color 4 x 6 cm and white background pictureswhich are taken within the last 06 months;

b) Copies of qualification(s) or practicing certificate(s)awarded by a foreign organization, consularly legalized and enclosed withnotarized and certified Vietnamese translations as prescribed by Vietnam’slaws;

c) Certified true copies or a file that contains colorphotos of originals or copies of legal residence documents or work permitissued by a Vietnamese competent authority, presented together with theoriginals for comparison.

5. The applicant shall pay charges for submission of theapplication for practicing certificate. Such charges shall be collected,transferred, managed and used in accordance with regulations of the Ministry ofFinance.”.

15. Article 56 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 56. Test for issuance of construction practicingcertificate

1. The issuing authority shall organize a test for issuanceof the construction practicing certificate. In case an individual wishes to apply for a test beforesubmitting the application for issuance of the practicing certificate, theapplication form provided in the Appendix II shall be submitted to an issuingauthority.

2. The test shall be done on a monthly or ad hoc basis anddecided by the head of the issuing authority.

3. A test consists of two parts: working experience andlegal knowledge. The individual whose practicing certificate is issued asprescribed by the Law on Construction 2003 and remains effective shall beexempted from questions about professional knowledge related to the fieldspecified in such practicing certificate.

4. The test result shall be retained for 06 months from thedate on which the test is taken to form a basis for issuance of the practicecertificate.

5. The issuing authority shall arrange a place for the testthat must satisfy the infrastructure requirements. To be specific:

a) There must be a testing area, waiting area and area forproviding test guidelines in the testing place.

b) The testing area must be provided with space forarranging tables, chairs and at least 10 computers.

- Computers must operate in a stable manner, be connectedusing LAN, connected to printers and Internet.

- The Internet bandwidth must be good enough to ensurecontinuous operation of computers during the test.

- Closed-circuit television cameras with a minimumresolution of 1280 x 720 (720P) must be installed in a manner that ensures the testingarea is properly monitored and be capable of storing data for at least 30 daysfrom the date on which the test is organized.

- There must be at least 01 set of loudspeakers to publiclyannounce information during the test.

- There must be at least 01 printer to print testingreports and 01 standby printer.

- Testing software shall be transferred by constructionauthorities affiliated to the Ministry of Construction and used nationwide.

6. The Ministry of Construction shall provide detailedguidelines for designing and updating questions, test fees and testorganization.”.

16. Article 56a is added to the Decree No. 59/2015/ND-CP asfollows:

“Article 56a. Council for issuance of the constructionpracticing certificate

1. The head of the issuing authority shall establish acouncil for issuance of the construction practicing certificate.

2. The head of the issuing authority shall decide onorganizational structure and number of members of the council.

3. A council for issuance of the construction practicingcertificate established by a construction authority affiliated to the Ministryof Construction or Department of Construction shall be composed of:

a) A council president who is a leader of the issuingauthority;

b) Standing members who are public officials and publicemployees of this authority;

c) Members who are public officials and public employeeswhose major is relevant to the field covered by the practicing certificateapplied for or experts whose expertise is relevant to the field covered by thepracticing certificate applied for where necessary.

4. A council for issuance of the construction practicingcertificate established by a socio-professional organization shall be composedof:

a) A council president who is a leader of thesocio-professional organizations;

b) Members who are the ones of the socio-professionalorganizations.

5. Council members shall work part-time and in accordancewith regulations promulgated by the council president.”.

17. Article 56b is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 56b. Procedures for issuance and revocationof construction practicing certificate

1. Regarding issuance of the construction practicingcertificate:

a) The applicant shall submit an application form forissuance of the practicing certificate prescribed in Article 55 of this Decree,electronically or by post or in person, to the issuing authority.

b) From the date on which the satisfactory application isreceived, the issuing authority shall issue the construction practicingcertificate within 20 days in the case of issuance of the certificate for thefirst time, upgrade, adjustments or amendments to the certificate, within 10days in the case of reissuance of the certificate, and within 25 days in thecase of conversion of the certificate. In the case the application isunsatisfactory, the issuing authority shall notify the applicant in writingonce within 05 days from the date on which the application is received.

2. Regarding revocation of the construction practicingcertificate:

a) Within 10 days from the date on which the inspectionconclusion, including a proposal for revocation of the practicing certificate,is received or it is discovered or there are grounds to believe that theindividual is mentioned in one of the cases specified in Clause 2 Article 44aof this Decree, the revoking authority shall issue a decision on revocation ofthe practicing certificate. In case of failure to revoke it, writtenexplanation shall be provided to the organization or individual that makes therevocation proposal.

b) The revoking authority shall send the revocationdecision to the individual and publish it on its website, provide informationthereof to the Ministry of Construction for integration into its website within05 days from the issuance date of the decision.

c) The individual whose construction practicing certificateis revoked shall return the original of such certificate to the authority thatissues the revocation decision within 05 days from the receipt of therevocation decision.

d) In the cases where the practicing certificate isincorrect because of the issuing authority, the revoking authority shallreissue the practicing certificate within 05 days from the receipt of therevoked practicing certificate.

dd) In case the individual whose practicing certificatemust be revoked fails to return the practicing certificate as prescribed, thecompetent authority that issues the revocation decision shall send him/her adecision to pronounce cancellation of the practicing certificate and publish iton its website and provide information thereof to the Ministry of Constructionfor integration into its website.”.

18. Article 56c is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 56c. Recognition of socio-professionalorganizations eligible to issue construction practicing certificates

1. A socio-professional organization will be certifiedeligible to issue construction practicing certificates if it:

a) has its field related to construction activities andoperates nationwide;

b) has been allowed to be established and had its charterapproved by a competent authority;

c) sufficiently provides infrastructure serving tests.

2. An application for certification of eligibility to issuepracticing certificates includes:

a) An application form provided in the Appendix IV of thisDecree;

b) Certified true copies or a file that contains colorphotos of originals or copies of the written permission for establishment andwritten approval for the charter granted by a competent authority, presentedtogether with the originals for comparison.

c) A list of infrastructure serving tests.

3. Procedures for certification of eligibility to issuepracticing certificates:

a) The socio-professional organization shall submit anapplication prescribed in Clause 2 of this Article, by post or in person, tothe Ministry of Construction.

b) Within 20 days from the receipt of the satisfactoryapplication, the Ministry of Construction shall consider issuing a decision tocertify the socio-professional organization eligible to issue practicingcertificates. Such decision shall be sent to the socio-professionalorganizations and published on the website of the Ministry of Constructionwithin 05 days from the issuance date of the decision.”.

19. Article 56d is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 56c. Revocation of the decision to certifysocio-professional organization eligible to issue construction practicingcertificates

1. A socio-professional organization shall have itsdecision on certification of eligibility to issue practicing certificatesrevoked in one of the following cases:

a) It no longer satisfies one of the conditions specifiedin Clause Article 56c of this Decree;

c) The practicing certificate is issued to the field beyondthe scope of certification.

c) The practice certificate is issued ultra vires.

d) The practice certificate is issued to individuals thatfail to meet eligibility requirements as prescribed.

2. The Ministry of Construction shall revoke the decisionto certify the socio-professional organizations eligible to issue practicingcertificates when it is discovered that or there are grounds to believe thatthe socio-professional organization is mentioned in one of the cases specifiedin Clause 1 of this Article. The revocation of the decision to certify asocio-professional organization eligible to issue practicing certificates shallbe considered and decided within 15 days from the date on which there aresufficient grounds for the revocation. The revocation decision shall be sent tothe socio-professional organization and published on the website of theMinistry of Construction.”.

20. Clause 19 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

“Article 57. Eligibility requirements for constructionactivities

1. Each organization engaging in construction activities inthe following fields must meet eligibility requirements:

a) Construction survey, including: Topographical survey;geological survey.

b) Planning formulation.

c) Construction design and construction design appraisal:Architectural design; civil - industrial structure design; mechanical -electrical design; water supply – drainage design; transport engineeringdesign; agricultural and rural development engineering design; infrastructuralengineering design.

d) Construction project management.

dd) Construction execution.

e) Construction supervision.

g) Construction inspection.

h) Construction cost management.

2. Each organization involved in construction activities inthe fields specified in Points a - e Clause 1 of this Article must obtain acertificate of eligibility for construction activities (hereinafter referred toas “the eligibility certificate”).

3. The organization engaging in the construction activitiesspecified in Clause 1 of this Article must be an enterprise that is prescribedby the Law on Enterprises or an organization that is licensed to carry outconstruction activities and established as prescribed by law and must meet therequirements applied to each field as prescribed in this Decree.

4. The eligibility certificate is valid for up to 10 years.

5. The forms and contents of the eligibility certificateare provided in the Appendix IX of this Decree.

6. The eligibility certificate is managed using thecertificate code, including 02 groups of code joined together by a hyphen (-)as follows:

a) First group includes up to 03 characters representingthe place of issue as prescribed in Appendix VII hereof.

b) Second group indicates the eligibility certificate code.

7. The Ministry of Construction shall uniformly manage theissuance and revocation of the eligibility certificate, and issuance of theeligibility certificate code; provide guidelines for issuing the practicecertificate; publish the list of organizations issued with the eligibilitycertificate on its website; organize the online issuance of the eligibilitycertificate.”.

21. Article 58 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 58. Issuance and revocation of certificate ofeligibility for construction activities

1. A certificate of eligibility for construction activitiesis issued to:

a) Any organization applying for the eligibilitycertificate for the first time or adjusting its eligibility certificate rank;

b) Any organization applying for adjustments or amendmentsto its eligibility certificate; or

c) Any organization applying for reissuance of theeligibility certificate in case the old certificate is lost or damaged orexpired.

2. The eligibility certificate shall be revoked in one ofthe following cases:

a) The organization issued with the eligibility certificateshuts down its construction activities, dissolves or goes bankrupt;

b) The organization no longer satisfies all eligibilityrequirements for construction activities as prescribed;

c) The application for the issuance or reissuance of theeligibility certificate contains counterfeit documents;

d) The organization allows another organization orindividual to use its eligibility certificate;

dd) Contents of the eligibility certificate are corrected,erased or falsified;

e) The eligibility certificate is issued ultra vires;

g) The eligibility certificate is incorrect because of theissuing authority;

h) The eligibility certificate is issued in theorganization fails to meet all eligibility requirements.

3. The organization whose eligibility certificate isrevoked in the cases specified in Points c, d and dd Clause 2 of this Articleis entitled to apply for issuance of the eligibility certificate 12 monthsafter the date on which the decision on eligibility certificate revocation isissued. Procedures for issuance of the eligibility certificate are the same asthose specified in Point a Clause 1 of this Article.

The organization whose eligibility certificate is revokedin the cases specified in Point g Clause 2 of this Article shall be reissuedwith the eligibility certificate in accordance with the procedures specified inClause 2 Article 58d of this Decree.”.

22. Article 58a is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 58a. The power to issue or revokecertificate of eligibility for construction activities:

1. The power to issue the eligibility certificate:

a) Construction authorities affiliated to the Ministry ofConstruction shall issue Rank-I eligibility certificates;

b) Departments of Construction shall issue Rank-II andRank-III eligibility certificates.

2. Authorities that have the power to issue eligibilitycertificates are the ones that have the power to revoke the eligibilitycertificates that they issued.”.

23. Article 58b is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 58b. Application for certificate ofeligibility for construction activities

1. An application for issuance of the eligibilitycertificate for the first time or adjustments to the eligibility certificaterank includes:

a) An application form provided in the Appendix V of thisDecree;

b) An establishment decision (if any);

c) A decision on recognition of construction laboratory ofthe organization or principal contract on cooperation in carrying out testingto serve construction with the recognized construction laboratory (applicableto the applicant for the certificate of eligibility for construction survey);

d) A practicing certificate or declaration of thepracticing certificate code in case the practicing certificate is issued asprescribed by the Law on Construction 2014, applicable to the titles thatrequire the practicing certificate; qualifications of individuals in charge;

dd) Eligibility certificate issued by a competentauthority, in the case of applying for adjustments to the eligibilitycertificate rank;

e) Qualification or certificate of completion ofprofessional training program of technical workers (regarding the applicant forthe certificate of eligibility for construction);

g) Contract and record on commissioning of completedtypical tasks;

h) Documents specified in Points b, c, d, dd, e and g ofthis Clause must be certified true copies or included in a file that containscolor photos of originals or copies presented together with the originals forcomparison.

2. An application for reissuance of the eligibilitycertificate includes:

a) An application form provided in the Appendix V of thisDecree;

b) A certified true copy or file that contains color photosof the original or copy of the issued eligibility certificate, presentedtogether with the original for comparison or a commitment form made by theapplicant for reissuance in case of loss of the eligibility certificate.

3. An application for adjustments or amendments to theeligibility certificate includes:

a) An application form provided in the Appendix V of thisDecree;

b) Documents concerning adjustments or amendmentsprescribed in Clause 1 of this Article.

4. The applicant shall pay charges for submission of theapplication for eligibility certificate. Such charges shall be collected,transferred, managed and used in accordance with regulations of the Ministry ofFinance.”.

24. Article 58c is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 58a. Council for issuance of the certificateof eligibility for construction activities

1. The head of the issuing authority shall establish acouncil for issuance of the certificate of eligibility for constructionactivities.

2. The head of the issuing authority shall decide onorganizational structure and number of members of the council.

3. A council for issuance of the certificate of eligibilityfor construction activities shall be composed of:

a) A council president who is a leader of the issuingauthority;

b) Standing members who are public officials and publicemployees of this authority;

c) Members who are public officials and public employeeswhose major is relevant to the field covered by the eligibility certificateapplied for or experts whose expertise is relevant to the field covered by theeligibility certificate applied for where necessary.

4. Council members shall work part-time and in accordancewith regulations promulgated by the council president.”.

25. Article 58d is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 58d. Procedures for issuance and revocationof certificate of eligibility for construction activities

1. Regarding issuance of the eligibility certificate:

a) The applicant shall submit an application form forissuance of the eligibility certificate prescribed in Article 58b of thisDecree, electronically or by post or in person, to the issuing authority.

b) From the date on which the satisfactory is received, theissuing authority shall issue the eligibility certificate within 20 days in thecase of issuance of the certificate for the first time, adjustments to the rankof, adjustments or amendments to the eligibility certificate, and within 10days in the case of reissuance of the eligibility certificate. In the case theapplication is unsatisfactory, the issuing authority shall notify the applicantin writing once within 05 days from the date on which the application isreceived.

2. Regarding revocation of the eligibility certificate:

a) Within 10 days from the date on which the inspectionconclusion, including a proposal for revocation of the practicing certificate,is received or it is discovered or there are grounds to believe that theorganization is mentioned in one of the cases specified in Clause 2 Article 58of this Decree, the revoking authority shall issue a decision on revocation ofthe eligibility certificate. In case of failure to revoke it, writtenexplanation shall be provided to the organization or individual that makes therevocation proposal.

b) The revoking authority shall send the revocation decisionto the individual and publish it on its website, and provide informationthereof to the Ministry of Construction for integration into its website within05 days from the issuance date of the decision.

c) The organization whose eligibility certificate isrevoked shall return the original of such certificate to the authority thatissues the revocation decision within 05 days from the receipt of therevocation decision.

d) In the cases where the eligibility certificate isincorrect because of the issuing authority, the revoking authority shallreissue the eligibility certificate within 05 days from the receipt of therevoked eligibility certificate.

dd) In case the organization whose eligibility certificatemust be revoked fails to return the eligibility certificate as prescribed, thecompetent authority that issues the revocation decision shall send him/her adecision to pronounce cancellation of the eligibility certificate and publishit on its website and provide information thereof to the Ministry of Constructionfor integration into its website.”.

26. Article 59 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 59. Eligibility requirements to be satisfied byorganizations responsible for construction survey

1. Each organization responsible for construction surveymust satisfy eligibility requirements specified in Clauses 2 and 3 of thisArticle.

2. General eligibility requirements:

a) The organization responsible for construction survey musthave laboratories or sign a written agreement or principal contract oncooperation in carrying out testing with the recognized laboratory servingconstruction survey;

b) The organization responsible for construction survey musthave machinery and equipment or be capable of providing machinery and equipmentfor survey related to the field that is covered by the eligibility certificateapplied for.

3. Eligibility requirements for ranks of an eligibilitycertificate:

a) Rank I:

- The individual working as a president in charge ofcarrying out survey shall obtain a Rank-I construction survey practicingcertificate relevant to the field that is covered by the eligibilitycertificate applied for;

- The individual participating in carrying out survey shallhave his/her expertise relevant to the type of construction survey that iscovered by the eligibility certificate applied for;

- The organization has carried out construction survey ofat least 01 group A project or higher or 02 group B projects or higher or 01Class I work or higher or 02 Class II works or higher with the same type ofsurvey.

b) Rank II:

- The individual working as a president in charge ofcarrying out survey shall obtain a Rank-II construction survey practicingcertificate or higher relevant to the field that is covered by the eligibilitycertificate applied for;

- The individual participating in carrying out survey shallhave his/her expertise relevant to the type of construction survey that iscovered by the eligibility certificate applied for;

- The organization has carried out construction survey ofat least 01 group B project or higher or 02 group C projects or higher or 03projects that require economic - technical reports or 01 Class II work orhigher or 02 Class III works or higher with the same type of survey.

c) Rank III:

- The individual working as a president in charge ofcarrying out survey shall obtain a Rank-III construction survey practicingcertificate or higher relevant to the field that is covered by the eligibilitycertificate applied for;

- The individual participating in carrying out survey shallhave his/her expertise relevant to the type of construction survey that iscovered by the eligibility certificate applied for.

4. Scope of operation:

a) Rank I: the organization is entitled to carry outconstruction survey of all projects and work classifications as mentioned inthe eligibility certificate.

b) Rank II: the organization is entitled to carry outconstruction survey of group B projects or higher and class II works or belowas mentioned in the eligibility certificate.

c) Rank-III: the organization is entitled to carry outconstruction survey of group C projects, projects that require economic -technical reports and Class III works or below as mentioned in the eligibilitycertificate.”.

27. Article 60 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 60. Eligibility requirements to be satisfied byorganizations responsible for construction planning formulation

1. Each organization responsible for constructionplanning formulation must satisfy eligibility requirements corresponding toeligibility ranks as follows:

a) Rank I:

- The individual working as a president in charge ofplanning projects or chairperson in charge of architecture - planningdisciplines, urban economics and other infrastructure disciplines of a planningproject shall obtain a Rank-I practicing certificate relevant to his/herspecialized field;

- The organization responsible for constructionplanning formulation has formulated at least 01 construction planning projectthat has been approved by the Prime Minister or 02 construction planningprojects (including at least 01 inter-district, district or generalconstruction planning project) that have been approved by the People’sCommittee of the province.

b) Rank II:

- The individual working as a president in charge ofplanning projects or chairperson in charge of architecture - planningdisciplines, urban economics and other infrastructure disciplines of a planningproject shall obtain a Rank-II practicing certificate or higher relevant tohis/her specialized field;

- The organization responsible for constructionplanning formulation has formulated at least 01 construction planning projectthat has been approved by the People's Committee of the province or 02construction planning projects that have been approved by the People’sCommittee of the district.

c) Rank III:

The individual working as a president in charge of planningprojects or chairperson in charge of architecture - planning disciplines, urbaneconomics and other infrastructure disciplines of a planning project shallobtain a Rank-III practicing certificate or higher relevant to his/herspecialized field.

2. Scope of operation:

a) Rank I: The organization is entitled to formulate allconstruction planning projects.

b) Rank II: the organization is entitled to formulate theconstruction planning projects subject to approval of the People Committee’s ofthe province and the People’s Committee of the district.

c) Rank III: the organization is entitled to formulate theconstruction planning projects subject to approval of the People’s Committee ofthe district.”.

28. Article 61 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 61. Eligibility requirements to be satisfied byorganizations responsible for construction design

1. Each organization responsible for construction designmust satisfy eligibility requirements corresponding to eligibility ranks asfollows:

a) Rank I:

- The individual working as a president in charge ofconstruction design or chairperson in charge of design-related disciplinesshall obtain a Rank-I practicing certificate relevant to his/her specializedfield;

- The individual involved in construction design shall havehis/her expertise relevant to the field and work type that are covered by theeligibility certificate applied for.

- The organization has designed or appraised the design ofat least 01 Class I work or higher or 02 Class II works or higher of the sametype.

b) Rank II:

- The individual working as a president in charge ofconstruction design or chairperson in charge of design-related disciplinesshall obtain a Rank-II practicing certificate relevant to his/her specializedfield;

- The individual involved in construction design shall havehis/her expertise relevant to the field and work type that are covered by theeligibility certificate applied for;

- The organization has designed or appraised the design ofat least 01 Class II work or higher or 02 Class III works or higher of the sametype.

c) Rank III:

- The individual working as a president in charge ofconstruction design or chairperson in charge of design-related disciplinesshall obtain a Rank-III practicing certificate relevant to his/her specializedfield;

- The individual involved in construction design shall havehis/her expertise relevant to the field and work type that are covered by theeligibility certificate applied for.

2. Scope of operation:

a) Rank I: the organization is entitled to design andappraise construction design of all works of the same type.

b) Rank II: the organization is entitled to design andappraise construction design of Class II works or below of the same type.

c) Rank III: the organization is entitled to design andappraise construction design of Class III works or below of the same type.

29. Article 62 of the Decree No. 59/2015/ND-CP is repealed.

30. Article 63 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 63. Eligibility requirements to be satisfied byproject management consultancy

1. Each project management consultancy must satisfyeligibility requirements corresponding to eligibility ranks as follows:

a) Rank I:

- The individual working as a project manager shall obtaina Rank-I project management practicing certificate relevant to the project typethat is covered by the eligibility certificate applied for;

- The individual in charge of specialized fields shallobtain a Rank-I practicing certificate relevant to his/her tasks;

- The individual involved in project management shall havehis/her expertise relevant to his/her tasks and project type that is covered bythe eligibility certificate applied for;

- The project management consultancy has managed at least01 group A project or 02 group B projects or higher of the same type.

b) Rank II:

- The individual working as a project manager shall obtaina Rank-II project management practicing certificate relevant to the projecttype that is covered by the eligibility certificate applied for;

- The individual in charge of specialized fields shallobtain a Rank-II practicing certificate or higher relevant to his/her tasks;

- The individual involved in project management shall havehis/her expertise relevant to his/her tasks and project type that is covered bythe eligibility certificate applied of;

- The project management consultancy has managed at least01 group B project or higher or 02 group C projects or higher of the same type.

c) Rank III:

- The individual working as a project manager shall obtaina Rank-III project management practicing certificate or higher relevant to theproject type that is covered by the eligibility certificate applied for;

- The individual in charge of specialized fields shallobtain a Rank-III practicing certificate or higher relevant to his/her tasks;

- The individual involved in project management shall havehis/her expertise relevant to his/her tasks and project type that is covered bythe eligibility certificate applied for.

2. Scope of operation:

a) Rank I: The consultancy is entitled to formulate manageprojects of the same type.

b) Rank II: the consultancy is entitled to manage group Bprojects or below of the same type;

c) Rank-III: the consultancy is entitled to manage group Cprojects and projects that only require economic - technical reports.”.

31. Article 64 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 64. Eligibility requirements to be satisfied byconstruction project management board

1. Each project manager shall satisfy all eligibilityrequirements specified in Clause 2 Article 54 of this Decree;

2. The individual in charge of specialized fields shallobtain a practicing certificate relevant to the project scope, workclassification and his/her tasks.”.

32. Article 65 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 65. Eligibility requirements to be satisfied byorganizations responsible for construction execution

1. Each organization responsible for construction executionmust satisfy eligibility requirements corresponding to eligibility ranks asfollows:

a) Rank I:

- The individual working as a site manager shall satisfyrequirements applied to a Rank I site manager, relevant to his/her specializedfield;

- The individual in charge of execution of a specializedfield shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diplomarelevant to his/her tasks, and has a work duration of at least 03 years and 05years with respect to the holder of the bachelor’s degree and Level 5 of VQFAdvanced Diploma respectively;

- Technical workers shall obtain a qualification orcertificate of completion of professional training program relevant torequirements of the eligibility certificate;

- The organization shall be capable of providing sufficientmachinery and equipment meeting construction execution requirements that matchits tasks;

- The organization has directly executed tasks of a permanentwork item relevant to the requirements of the certificate of at least 01 ClassI work or higher or 02 Class II works or higher of the same type.

b) Rank II:

- The individual working as a site manager shall satisfyrequirements applied to a Rank-II or higher site manager relevant to his/herspecialized field;

- The individual in charge of execution of a specializedfield shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diplomarelevant to his/her tasks, and has a work duration of at least 01 year and 03years with respect to the holder of the bachelor’s degree and Level 5 of VQFAdvanced Diploma respectively;

- Technical workers shall obtain a qualification orcertificate of completion of professional training program relevant torequirements of the eligibility certificate;

- The organization shall be capable of providing sufficientmachinery and equipment meeting construction execution requirements that matchits tasks;

- The organization has directly executed tasks of apermanent work item relevant to the requirements of the certificate of at least01 Class II work or higher or 02 Class III works or higher of the same type.

c) Rank III:

- The individual working as a site manager shall satisfyrequirements applied to a Rank III or higher site manager relevant to his/herspecialized field;

- The individual in charge of a specialized field shallobtain a bachelor’s degree or Level 5 of VQF Advanced Diploma relevant tohis/her tasks;

- Technical workers shall obtain a qualification orcertificate of completion of professional training program relevant torequirements of the eligibility certificate;

- The organization shall be capable of providing sufficientmachinery and equipment meeting construction execution requirements that matchits tasks.

2. Scope of operation:

a) Rank I: the organization is entitled to executeconstruction of all works of the same type;

b) Rank II: the organization is entitled to executeconstruction of Class II works or below of the same type;

c) Rank III: the organization is entitled to executeconstruction of Class III works or below of the same type.”.

33. Clause 20 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

“Article 66. Eligibility requirements to be satisfied byorganization responsible for construction supervision

1. Each organization responsible for constructionsupervision must satisfy eligibility requirements corresponding to eligibilityranks as follows:

a) Rank I:

- The individual working as a chief supervisor shall obtaina Rank-I construction supervision practicing certificate or a supervisor shallobtain a construction supervision practicing certificate relevant to the worktype that is covered by the eligibility certificate applied for;

- The organization has supervised construction of at leasta 01 Class I work or higher or 02 Class II works or higher of the same typecovered by the eligibility certificate applied for.

b) Rank II:

- The individual working as a chief supervisor shall obtaina Rank-II or higher construction supervision practicing certificate or asupervisor shall obtain a construction supervision practicing certificaterelevant to the work type that is covered by the eligibility certificateapplied for;

- The organization has supervised construction of at leasta 01 Class II work or higher or 02 Class III works or higher of the same typecovered by the eligibility certificate applied for.

c) Rank III: The individual working as a chief supervisorshall obtain a Rank-III or higher construction supervision practicingcertificate or a supervisor shall obtain a construction supervision practicingcertificate relevant to the work type that is covered by the eligibilitycertificate applied for.

2. Scope of operation:

a) Rank I: the organization is entitled to superviseconstruction of all works of the same type specified in the eligibilitycertificate;

b) Rank II: the organization is entitled to superviseconstruction of Class II works or below of the same type specified in theeligibility certificate;

c) Rank II: the organization is entitled to superviseconstruction of Class III works or below of the same type specified in theeligibility certificate;

34. Clause 21 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

 “Article 66a. Eligibility requirements to besatisfied by organizations responsible for construction inspection

1. Any organization engaging in inspecting quality,identifying causes of damage, service life of parts of works or constructionsworks and carrying out inspections to indentify causes of construction incidentsshall satisfy the eligibility requirements corresponding to eligibility ranksas follows:

a) Rank I:

- The individual working as a chairperson in charge ofconstruction inspection shall satisfy appropriate Rank-I eligibilityrequirements for construction inspection practicing;

- The individual working as a chairperson in charge ofconstruction inspection shall have his/her expertise relevant to constructioninspection;

- The organization has inspected construction of at least01 Class I work or higher or 02 Class II works or higher of the same type.

b) Rank II:

- The individual working as a chairperson in charge ofconstruction inspection shall satisfy appropriate Rank-II or higher eligibilityrequirements for construction inspection practicing;

- The individual working as a chairperson in charge ofconstruction inspection shall have his/her expertise relevant to constructioninspection;

- The organization has inspected construction of at least01 Class II work or higher or 02 Class III works or higher of the same type.

c) Rank III:

- The individual working as a chairperson in charge ofconstruction inspection shall satisfy appropriate Rank-III eligibilityrequirements for construction inspection practicing;

- The individual working as a chairperson in charge ofconstruction inspection shall have his/her expertise relevant to constructioninspection;

2. Scope of operation:

a) Rank I: the organization is entitled to inspectconstruction of all works of the same type;

b) Rank II: the organization is entitled to inspectconstruction of Class II works or below of the same type;

c) Rank III: the organization is entitled to inspectconstruction of Class III works or below of the same type.

3. Any organization engaging in inspecting quality ofconstruction materials, components and products shall satisfy the followingrequirements:

a) Construction laboratories must be used with the testsrecognized by a competent authority in conformity with the inspected items;

b) The inspector’s expertise must be conformable with theconstruction inspection.”.

35. Article 67 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 67. Eligibility requirements to be satisfied byorganizations responsible for construction cost management

1. Each organization responsible for construction costmanagement must satisfy eligibility requirements corresponding to eligibilityranks as follows:

a) Rank I:

- The individual working as a chairperson in charge ofconstruction cost management shall obtain a Rank-I construction valuationpracticing certificate;

- The individual involved in construction cost managementshall have his/her expertise relevant to the construction cost management;

- The organization has managed the cost of execution of atleast 01 group A project or higher or 02 group B projects or higher.

b) Rank II:

- The individual working as a chairperson in charge ofconstruction cost management shall obtain a Rank-II or higher constructionvaluation practicing certificate;

- The individual involved in construction cost managementshall have his/her expertise relevant to the construction cost management;

- The organization has managed the cost of execution of atleast 01 group B project or higher or 02 group C projects or higher or at least03 projects that require economic - technical reports.

c) Rank III:

- The individual working as a chairperson in charge ofconstruction cost management shall obtain a Rank-III or higher constructionvaluation practicing certificate;

- The individual involved in construction cost managementshall have his/her expertise relevant to the construction cost management;

2. Scope of operation:

a) Rank I: the organization is entitled to perform thetasks related to management of cost of execution of all projects.

b) Rank II: the organization is entitled to perform thetasks related to management of cost of execution of group B projects or below.

c) Rank-III: the organization is entitled to perform thetasks related to the management of cost of execution of group C projects andprojects that only require economic - technical reports.”.

36. Article 68 of the Decree No. 59/2015/ND-CP is repealed.

37. Article 69 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 69. Posting information about organizations andindividuals’ eligibility for construction activities

1. The information about organizations and individuals’eligibility for construction activities issued with the certificate shall beposted on the website under the management of the issuing authority, andintegrated into the website of the Ministry of Construction.

2. Procedures for posting information about eligibility forconstruction activities:

The issuing authority shall post information aboutorganizations and individuals’ eligibility for construction activities on thewebsite under its management, and provide information thereof to a constructionauthority affiliated to the Ministry of Construction for integration into itswebsite.

Information about eligibility for construction activitiesshall be posted within 05 days from the issuance date of the certificate.Information shall be integrated into the website of the Ministry ofConstruction within 03 days from the receipt of information from the issuingauthority.”.

38. Article 71 of the Decree No. 59/2015/ND-CP is amendedas follows:

“Article 71. Requirements for eligibility to be grantedconstruction license

1. A foreign contractor will be granted the constructionlicense if it:

a) has been awarded the contract by the investor;

b) is eligible to execute the contract as prescribed by thelaw on construction.

2. The foreign contractor must set up a joint venture witha Vietnamese contractor or employ Vietnamese sub-contractors, unless theVietnamese contractor is ineligible to execute any tasks of the contractpackage. Upon the joint venture or employment of Vietnamese contractors, it isrequired to clarify contents, quantity and value of tasks performed byVietnamese contractors in the joint venture or Vietnamese sub-contractors.

3. The foreign contractor must be committed to comply withrelevant regulations of Vietnam’s law on contract execution in Vietnam.”.

39. Article 73a is added to the Decree No. 59/2015/ND-CP asfollows:

 “Article 73a. Revocation of construction license

1. A foreign contractor shall have its construction licenserevoked in one of the following cases:

a) It fails to take remedial actions against violationsafter the regulatory authority requests it in writing to take remedial actionsmore than once.

b) It has incurred administrative penalties for the taskscovered by the granted construction license for the second time.

2. If it is discovered or there are grounds to believe thatthe foreign contractor commits one of the violations specified in Clause 1 ofthis Article, the issuing authority shall revoke the construction license thatit issued.

The revocation of the construction license shall beconsidered and decided within 15 days from the date on which there aresufficient grounds for the revocation. The issuing authority shall send thedecision on revocation of the construction license to the foreign contractorand posted on its website, and provide information thereof to the Ministry ofConstruction for integration into its website.”.

40. Clause 22 Article 1 of the Decree No. 42/2017/ND-CP isamended as follows:

“Article 74. Rights and obligations of foreign contractors

1. A foreign contractor has the rights to:

a) request competent authorities to provide guidelines forpreparing application for issuance of the construction license and other issuesconcerning the contractor as prescribed in this Decree;

b) make denunciations or complaints against violationscommitted by organizations or individuals prescribed in this Decree;

c) have its lawful business interests in Vietnam protectedaccording to the granted construction license;

2. A foreign contractor has the obligations to:

a) establish an executive office in the area where theproject is executed after obtaining the construction license; register address,telephone, fax, email, seal, account and tax identification number of theexecutive office. Regarding the contract on planning formulation, constructionproject formulation, construction survey or construction design, the foreigncontractor may establish an executive office in the area where the investor’shead office is located. Regarding the contract on construction and supervisionconstruction of the work that goes through multiple provinces, the foreigncontractor may establish an executive office in an area which the work goesthrough;

b) register or cancel specimen of the seal or return theseal after a contract is terminated as prescribed by law. The foreigncontractor shall only use this seal for executing contracts in Vietnam asprescribed in its construction license;

c) Register and pay taxes as prescribed by Vietnam’s law,comply with accounting regulations, open accounts and make payments under theguidance of the Ministry of Finance and the State Bank of Vietnam to serve itsbusiness under the contract;

d) Recruit employees and employ Vietnamese and foreignemployees as prescribed by Vietnam’s law on labor. Only economic managementexperts, technical management experts and skilled labors that Vietnam is unableto provide are sent to Vietnam;

dd) follow procedures for import and export of materials,machinery and equipment related to the contract agreement in Vietnam asprescribe by Vietnam’s law;

e) execute the joint-venture contract signed with theVietnamese contractor or employ Vietnamese sub-contractors mentioned in theapplication for issuance of the construction license;

g) buy insurance as prescribed by Vietnam’s law in respectof operation of the contractor, including: professional liability insurance forconstruction consultancy contractors; cargo insurance regarding procurementcontractors; insurance for construction contractors and other insurancepolicies prescribed by Vietnam’s law;

h) register and inspect quality of imported materials andequipment provided under the contract agreement;

i) register and inspect safety of construction equipmentand vehicles related to business activities of the foreign contractor asprescribed by Vietnam’s law;

k) comply with regulations on standards, criteria,construction quality control, occupational safety and environmental protectionas well as other relevant regulations of Vietnamese law;

l) comply with reporting regulations specified in itsconstruction license;

m) When the work is completed, the foreign contractor mustprepare as-built documents; take responsibility for warranty; make statement ofexported materials and equipment; handle remaining materials and equipment inthe construction contract in accordance with regulations of law on import andexport; re-export materials and construction equipment registered in accordancewith regulations on temporary import – re-export; complete the contract;concurrently, notify relevant regulatory agencies of the contract completion,shutdown of the executive office.”.

Article 2. Amendments to someArticles of the Government’s Decree No. 79/2016/ND-CP dated July 01, 2016 onconditions for provision of services related to professional training inmanagement of apartment buildings, and real estate brokerage practicing andreal estate transaction management

1. Article 3 is amended as follows:

“Article 3. Conditions for provision of services related toprofessional training in management and operation of apartment buildings

A provider of services related to professional training inmanagement and operation of apartment buildings shall meet the followingconditions:

1. There must be training textbooks or documents that arerelevant to the training program framework promulgated by the Ministry ofConstruction.

2. It must be certified eligible to provide professionaltraining in management and operation of apartment buildings by the Ministry ofConstruction or an authority authorized by the Ministry of Construction.”.

2. Article 3a is added as follows:

 “Article 3a. Application and procedures forcertification of training institution’s eligibility for provision of professionaltraining in management and operation of apartment buildings

1. An application for certification of traininginstitution’s eligibility for provision of professional training in managementand operation of apartment buildings includes:

a) An application form provided in the Appendix X of thisDecree.

b) Training textbooks or documents that are relevant to thetraining program framework promulgated by the Ministry of Construction, andenclosed with at least 03 tests.

2. Procedures for certifying a training institutioneligible to provide professional training in management and operation ofapartment buildings:

a) The applicant shall submit an application prescribed inClause 1 of this Article, by post or in person, to the Ministry ofConstruction;

b) Within 15 days from the receipt of the satisfactoryapplication, the Ministry of Construction shall consider issuing a decision tocertify the training institution eligible to provide professional training inmanagement and operation of apartment buildings. Such decision shall be sent tothe training institution and publicly posted on the website of the Ministry ofConstruction within 05 days from the issuance date of the decision.”.

3. Article 4 is amended as follows:

“Article 4. Conditions for provision of services related toprofessional training in real estate brokerage practicing and real estatetransaction management

Providers of services related to professional training inreal estate brokerage practicing and real estate transaction management shallhave training textbooks or documents that are relevant to the training programframework promulgated by the Ministry of Construction”.

4. Clause 1 of Article 5 is repealed.

Article 3. Repealing the followingregulations:

1. Article 22 of the Government’s Decree No. 79/2009/ND-CPdated December 05, 2009.

2. Article 19 of the Government’s Decree No. 64/2010/ND-CPdated June 11, 2010.

3. Article 27 and Article 34 of the Government’s Decree No.24a/2016/ND-CP dated April 05, 2016.

4. Article 16 of the Government’s Decree No. 11/2013/ND-CPdated January 14, 2013.

Article 4. Transition clause

Transitional regulations with respect to some amendments tothe Decree No. 59/2015/ND-CP and Decree No. 42/2017/ND-CP are as follows:

1. Any individual that has been granted a practicingcertificate with definite term as prescribed by the Law on Construction 2003shall keep using such certificate until its expiry. Each individual shall,according to the eligibility requirements for construction activitiesprescribed in this Decree, make a declaration and determine rank of thecertificate enclosed with the effective practicing certificate on his/her ownto form a basis for participation in construction activities (see Appendix VIhereof).

2. Any organization or individual that has been granted aneligibility certificate or practicing certificate as prescribed in the DecreeNo. 59/2015/ND-CP and Decree No. 42/2017/ND-CP shall keep using suchcertificate until its expiry. Amendments to the eligibility certificate orpracticing certificate shall be made as prescribed in this Decree.

3. Any applicant that has submitted an application forissuance of the eligibility certificate or practicing certificate before theeffective date of this Decree but has yet to be granted such certificate shallcomplete the application (if any) as prescribed in this Decree.

Article 5. Effect

This Decree comes into force from September 15, 2018.

Article 6. Implementation

1. Ministers, heads of ministerial agencies, heads ofGovernmental agencies, Presidents of People’s Committees of provinces andcentral-affiliated cities, heads of political organizations, socio-politicalorganizations and socio-professional organizations, and relevant organizationsand individuals are responsible for the implementation of this Decree.

2. The Ministry of Construction shall take charge andcooperate with relevant ministries in providing guidance and organizing theimplementation of this Decree./.

 

ON THE BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc

 

 

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This translation is made by LawSoft and for reference purposes only.