Vietnam: Strengthen the review of the consideration of granting practicing certificates in construction activities and strictly handle forged documents?
- What is the current status of the consideration for issuance of practicing certificates and certificates of eligibility for construction activities?
- Request to review the consideration for issuance of practicing certificates in construction activities and strictly handle forged documents?
- Request to publish information on capacity of construction activities of certificated individuals or organizations on the website?
- What are the general regulations on construction practicing certificates in Vietnam?
What is the current status of the consideration for issuance of practicing certificates and certificates of eligibility for construction activities?
The Ministry of Construction of Vietnam has issued Directive No. 04/CT-BXD in 2023 on strengthening the review and rectification of the consideration and granting of construction practicing certificates and certificates of eligibility for construction activities.
According to that, the document clearly states the current status of consideration for issuance of practicing certificates and construction activity certificates as follows:
During the implementation of the 2014 Law on Construction, the 2020 Law amending and supplementing a number of articles of the Law on Construction, the consideration of granting practicing certificates and construction activity capacity certificates of individuals and organizations Certificated organizations have contributed to facilitate the management and transparency of information in construction activities.
However, there are still many reflections and recommendations of individuals and organizations about difficulties and problems when submitting dossiers of application for issuance of practicing certificates or capacity certificates at agencies competent to issue certificates. On the other hand, the Ministry of Construction of Vietnam found that in the process of reviewing dossiers of application for a practicing certificate or a certificate of eligibility for construction activities such as dishonest records in declaration, confirmation of experience, use of diplomas, etc., the certificate is not issued by a competent authority.
Vietnam: Strengthen the review of the consideration of granting practicing certificates in construction activities and strictly handle forged documents?
Request to review the consideration for issuance of practicing certificates in construction activities and strictly handle forged documents?
In Directive No. 04/CT-BXD in 2023, the Ministry of Construction of Vietnam directed a number of tasks to correct the consideration and grant of construction practicing certificates and certificates of eligibility for construction activities.
In particular, the Ministry of Construction of Vietnam requested to actively review and correct the work of receiving dossiers, considering granting practicing certificates and certificates of eligibility for construction activities.
- At the same time, implementing the certification process to ensure publicity, transparency and convenience for individuals and organizations to carry out administrative procedures.
- Collect fees for the issuance of certificates according to regulations.
- Prevent acts of violating public service ethics such as harassment, trouble, negativity while receiving dossiers, considering granting certificates.
- Strengthening control, timely detecting prohibited acts such as using invalid documents, diplomas and certificates that are not in accordance with capacity to legitimately issue certificates.
- In case there are enough grounds to identify forged papers to apply for a certificate, they shall notify the competent agencies and handle them according to regulations.
Request to publish information on capacity of construction activities of certificated individuals or organizations on the website?
This is one of the key tasks set out under Directive No. 04/CT-BXD in 2023, specifically as follows:
- Review and fully post information on the capacity of construction activities of certificated individuals and organizations on the website under their management and integrate the information on the website of the Ministry Construction of Vietnam "https://nangluchdxd.gov.vn" to serve management and search.
- At the same time, strengthen the dissemination and guidance of individuals and organizations to look up information on construction capacity on these websites, and avoid accessing fake websites that provide inaccurate information.
In addition, the Ministry of Construction of Vietnam also requested to promote the application of information technology in handling administrative procedures for granting practicing certificates and certificates of eligibility for construction activities.
- Strengthening the dissemination and encouragement of individuals and organizations to carry out level 4 administrative procedures for procedures eligible to comply with regulations.
On the other hand, it is required that recognized socio-professional organizations carry out the consideration and grant of certificates according to their competence, right subjects and construction activities within the recognized scope.
- Actively review and handle violations, report handling results to the Ministry of Construction of Vietnam (if any).
What are the general regulations on construction practicing certificates in Vietnam?
Pursuant to Article 62 of Decree No. 15/2021/ND-CP stipulating as follows:
Construction practicing certificates in Vietnam
1. The construction practicing certificate (hereinafter referred to as “the practicing certificate”) shall be issued to any Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam in order for them to hold certain positions or run their own construction business as prescribed in Clause 3 Article 148 of the Law on Construction 2014, amended by clause 53 Article 1 of the Law No. 62/2020/QH14.
The fields to be covered by the practicing certificate are specified in Appendix VI hereto. The consulting activities relevant to architecture and fire safety shall comply with the law on architecture and fire safety.
2. Any foreigner or overseas Vietnamese who obtained a practicing certificate issued by a foreign authority or organization and has practiced construction in Vietnam for less than 06 months or he/she has provided construction consulting services in Vietnam while living abroad, he/she must have the practicing certificate bear consular authentication to practice construction activities. If he/she has practiced construction in Vietnam for at least 06 months, he/she is required to apply for conversion of the practicing certificate to the competent authority as prescribed in Article 64 of this Decree.
3. An individual is not required to obtain a practicing certificate as prescribed in this Decree to perform the following construction activities:
a) Design, supervision of communications, telecommunications system in a work;
b) Design, supervision of finishing activities of a building, such as plastering, tiling, painting, installing doors, windows, furniture and other similar works without affecting the load bearing structures of the work;
c) Construction activities for works of class IV; green parks; telecom signal transmission cable lines.
4. Any individual having yet to obtain a practicing certificate is entitled to participate in the construction sector where appropriate for his/her major, and is not authorized to run his/her own construction business as well as hold any title that requires the practicing certificate.
5. The practicing certificate is valid for up to 05 years upon first issuance or adjustments to certificate rank or certificate renewal. Regarding the practicing certificate of a foreign individual, its effective period shall be determined according to the period specified in the work permit or temporary resident card issued by a competent authority but not exceed 05 years.
In case of issuance upon adjustments or supplementation to the certificate or re-issuance as the unexpired certificate is lost, damaged or misstated, the validity period of the new certificate shall coincide with the former certificate.
6. The forms and contents of the practicing certificate are provided in the Form No. 06 to Appendix VI of this Decree.
7. The practicing certificate is managed using the practicing certificate code, including 02 groups of code joined together by a hyphen (-) as follows:
a) First group includes three characters representing the place of issue as prescribed in Appendix VIII hereof;
b) Second group indicates the practicing certificate code.
8. The Ministry of Construction of Vietnam shall uniformly manage the issuance and revocation of the practicing certificate, and issuance of the practicing certificate code; publish the list of individuals issued with the certificate on the website.
Thus, the construction practicing certificate shall be issued to any Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam in order for them to hold certain positions or run their own construction business.
In addition, the practicing certificate is managed using the practicing certificate code, including 02 groups of code joined together by a hyphen (-) as follows:
- First group includes three characters representing the place of issue as prescribed in Appendix VIII of Decree No. 15/2021/ND-CP;
- Second group indicates the practicing certificate code.
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