Are the documents in the application for the certificate of eligibility for construction activities required to be all originals?

Main Content

• Are the documents in the application for the certificate of eligibility for construction activities required to be all originals?
• What are the eligibility requirements for rank I to be satisfied by organizations responsible for construction execution?
• What are the eligibility requirements for rank I to be satisfied by organizations responsible for construction supervision consulting?

Are the documents in the application for the certificate of eligibility for construction activities required to be all originals?

Application for certificate of eligibility for construction activities is stipulated in Clause 1 Article 87 of Decree 15/2021/ND-CP of Vietnam:

a) An application form provided in form 04 of the Appendix IV of this Decree;

b) An establishment decision (if any);

c) A decision on recognition of construction laboratory of the organization or principal contract on cooperation in carrying out testing to serve construction with the recognized construction laboratory (applicable to the applicant for the certificate of eligibility for geotechnical engineering survey);

dd) A practicing certificate or declaration and self-determination of the practicing certificate rank, using form No. 05 of Appendix IV hereto or declaration of the practicing certificate code in case the practicing certificate is issued as prescribed by the Law on Construction 2014, applicable to the titles that require the practicing certificate; qualifications of individuals in charge;

dd) Eligibility certificate issued by a competent authority, in the case of applying for adjustments to the eligibility certificate rank;

e) Contract and record on commissioning of completed typical tasks (for construction survey organizations, construction planning design organizations, construction design (assessment) organizations, construction project management consultancies, construction supervision consulting organizations of Rank I or Rank II);

g) Contract and record on commissioning of completed work items, works or parts of works (in case of specialized construction) as done in conformity with the declaration (for Rank-I or Rank-II construction organizations);

h) Documents specified in Points b, c, d, dd, e and g of this Clause must be certified true copies or e-copies with legal validity.

According to the above regulations, in addition to an application form for the certificate of eligibility for construction activities, the remaining documents must be certified true copies or files containing color photos from the originals or copies, presenting the original for comparison. Therefore, there is no requirement that all documents must be originals.

Application for certificate of eligibility for construction activities

What are the eligibility requirements for rank I to be satisfied by organizations responsible for construction execution?

Pursuant to Article 95 of Decree 15/2021/ND-CP of Vietnam on eligibility requirements to be satisfied by organizations responsible for construction execution:

“Each organization responsible for construction execution must satisfy eligibility requirements corresponding to eligibility ranks as follows:

1. Rank I:

a) The individual working as a site manager shall satisfy requirements applied to a Rank I site manager, relevant to his/her specialized field;

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

c) The organization shall be capable of providing sufficient machinery and equipment meeting construction execution requirements that match its tasks;

d) The organization has directly executed tasks of a work item, work or component (in case of specialized construction) relevant to the requirements of the certificate of at least 01 Class I work or higher or 02 Class II works or higher of the same type in case of the construction execution;

dd) The organization has directly installed equipment of the work item or work relevant to the requirements of the certificate of at least 01 Class I work or higher or 02 Class II works or higher of the same type in case of installation of equipment to the work.”

According to that, in order to become a rank I construction organization, your company needs to satisfy the above specific requirements.

What are the eligibility requirements for rank I to be satisfied by organizations responsible for construction supervision consulting?

Eligibility requirements to be satisfied by organization responsible for construction supervision consulting are stipulated in Clause 1 Article 96 of Decree 15/2021/ND-CP of Vietnam:

- The individual working as a chief supervisor shall obtain a Rank-I construction supervision practicing certificate or a supervisor shall obtain a construction supervision practicing certificate relevant to the work type for which an eligibility certificate is sought;

- The organization has supervised construction of at least a 01 Class I work or higher or 02 Class II works or higher of the same type covered by the eligibility certificate applied for in case of construction execution;

- The organization has supervised the installation of equipment to the work of at least 01 Class I work or higher or 02 Class II works or higher in case of installation of equipment to the work.

Thus, when submitting an application for certificate of eligibility for construction activities, your company needs to make sure an application form for the certificate of eligibility for construction activities is an original, the remaining documents must be certified true copies or e-copies with legal validity. In order to be issued with certificates of rank I construction execution and supervision consulting, your company needs to satisfy the above specific requirements.