Are individuals eligible to apply for a construction practicing certificate, in particular construction valuation?
- Are individuals eligible to apply for a construction practicing certificate?
- What are the obligations of individuals applying for construction practicing certificate?
- What are the requirements of issuance with the construction practicing certificate?
- What are the specific works of individuals obtaining a construction valuation practicing certificate?
Are individuals eligible to apply for a construction practicing certificate?
Pursuant to Article 63 of Decree 15/2021/ND-CP of Vietnam, the construction practicing certificate shall be issued to individuals in the following cases:
- Any individual applying for the practicing certificate for the first time or adjusting his/her practicing certificate rank;
- Any individual applying for renewal of the practicing certificate;
- Any individual applying for adjustments or amendments to eligibility certificate;
- Any individual applying for reissuance of the practicing certificate in case the old unexpired certificate is lost or damaged or misstated; or
- The individuals mentioned in Clause 2 Article 62 of this Decree who wish to convert his/her practicing certificate.
Besides, Clause 1 Article 65 of Decree 15/2021/ND-CP of Vietnam also stipulates rights of the individual applying for practicing certificate:
- Request supply of information about the issuance of the practicing certificate;
- Practice construction activities nationwide according to the contents specified on the certificate;
- File complaints or whistleblowing reports against violations of law on issuance of practicing certificates.
According to the above regulations, it can be seen that being issued with the practicing certificate is one of the rights of individuals operating in the field of construction.
Construction practicing certificate
What are the obligations of individuals applying for construction practicing certificate?
The individual applying for construction practicing certificate has the obligations which are stipulated in Clause 2 Article 65 of Decree 15/2021/ND-CP of Vietnam:
- Give truthful information in the application for issuance of practicing certificate as prescribed in this Decree; take legal liability for the accuracy of information given in the application;
- Practice in strict compliance with the fields and scope of activities stated on the issued practicing certificate, comply with the law on construction and other relevant laws;
- Not to lease, lend or give the issued practicing certificate to others;
- Not to erase or modify entries of the practicing certificate;
- Comply with professional ethics;
- Present the practicing certificates and comply with inspection and examination requirements at the request of competent authorities.
What are the requirements of issuance with the construction practicing certificate?
Pursuant to Clause 2 Article 72 of Decree 15/2021/ND-CP of Vietnam, an individual shall be considered to be issued with a construction valuation practicing certificate if he/she meet the eligibility requirements in Articles 66 and 67 hereof and the eligibility requirements corresponding to ranks below:
a) A Rank-I construction valuation practicing certificate is awarded to the individual who has worked as a chairperson in charge of one of the tasks related to construction cost management of at least 01 group A project or higher or 02 group B projects or higher or 01 Class I work or higher or 02 Class II works or higher.
b) A Rank-II construction valuation practicing certificate is awarded to the individual who has worked as a chairperson in charge of one of the tasks related to construction cost management of at least 01 group B project or higher or 02 group C projects or higher or 01 Class II work or higher or 02 Class III works or higher.
c) A Rank-III construction valuation practicing certificate is awarded to the individual who has participated in performing one of the tasks related to construction cost management of at least 01 group C project or higher or at least 02 projects that require economic - technical reports or 01 Class III work or higher or 02 Class IV works or higher.
Referring to Article 66 and Article 67 of Decree 15/2021/ND-CP of Vietnam, an individual shall be issued with the practicing certificate if he/she:
- has full active legal capacity as prescribed by law and obtains a residence permit or work permit if he/she is a foreigner or overseas Vietnamese.
- has his/her qualifications and experience relevant to requirements of the practicing certificate. To be specific:
+ A Rank-I practicing certificate is awarded to the individual who gains a bachelor's degree in appropriate major and at least 07 years’ experience relevant to requirements of that practicing certificate;
+ A Rank-II practicing certificate is awarded to the individual who gains a bachelor's degree in appropriate major and at least 04 years’ experience relevant to requirements of that practicing certificate;
+ A Rank-III practicing certificate is awarded to the individual who has appropriate qualifications and at least 02 years’ experience relevant to requirements of that practicing certificate with respect to the holder of the undergraduate degree and at least 03 years’ experience with respect to the holder of the associate degree or intermediate diploma.
- passes the test in the field for which a practicing certificate is sought.
- One of the following disciplines is required: construction economics, construction engineering and other engineering disciplines.
What are the specific works of individuals obtaining a construction valuation practicing certificate?
Pursuant to Clause 2 Article 72 of Decree 15/2021/ND-CP of Vietnam, each individual obtaining a construction valuation practicing certificate is entitled to work as a chairperson in charge of construction cost management. To be specific:
- Determine and assess total construction investment; analyze risks and evaluate investment efficiency;
- Determine investment rates, construction norms, construction prices, and construction price indexes;
- Measure construction volume;
- Determine and assess construction estimate;
- Determine contract package prices and contract value with respect to construction activities;
- Control construction cost;
- Formulate and assess documents on payment or settlement of construction investment and convert construction investment after the construction is completed, transferred and put into operation.
Thus, when you find yourself meeting all the requirements for a construction valuation practicing certificate, you have the right to apply for a practicing certificate. According to that, if you are issued with a construction valuation practice certificate, you have the right to perform the relevant construction investment cost management tasks mentioned above.
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