Which authorities have the power to issue certificate of eligibility for construction activities in Vietnam? What are the procedures for issuance of certificate of eligibility for construction activities in Vietnam?
- Which authorities have the power to issue certificate of eligibility for construction activities in Vietnam?
- Who are the members of the council for evaluation for issuance of the eligibility certificate established by a construction authority?
- What are the procedures for issuance of certificate of eligibility for construction activities in Vietnam?
Which authorities have the power to issue certificate of eligibility for construction activities in Vietnam?
Pursuant to Clause 1, Article 86 of Decree No. 15/2021/ND-CP stipulating as follows:
The power to issue or revoke certificate of eligibility for construction activities
1. The power to issue the eligibility certificate:
a) Construction authorities affiliated to the Ministry of Construction shall issue Rank-I eligibility certificates;
b) Departments of Construction, socio-professional organizations shall issue Rank-II and Rank-III eligibility certificates.
2. Authorities that have the power to issue eligibility certificates are the ones that have the power to revoke the eligibility certificates that they issued.
If the eligibility certificate is issued against the law but the competent authority that issued the eligibility certificate fails to revoke it, the Ministry of Construction shall directly revoke that eligibility certificate.
Thus, according to the above provisions, the following authorities have the power to issue certificate of eligibility for construction activities:
- Construction authorities affiliated to the Ministry of Construction shall issue Rank-I eligibility certificates;
- Departments of Construction, socio-professional organizations shall issue Rank-II and Rank-III eligibility certificates.
Which authorities have the power to issue certificate of eligibility for construction activities in Vietnam? What are the procedures for issuance of certificate of eligibility for construction activities in Vietnam? (Image from the Internet)
Who are the members of the council for evaluation for issuance of the eligibility certificate established by a construction authority?
Pursuant to Clause 3, Article 88 of Decree No. 15/2021/ND-CP stipulating as follows:
Council for evaluation for issuance of the certificate of eligibility for construction activities
1. The head of the issuing authority shall establish a council for evaluation for issuance of the certificate of eligibility for construction activities.
2. The head of the issuing authority shall decide on organizational structure and number of members of the council.
3. A council for evaluation for issuance of the eligibility certificate established by a construction authority affiliated to the Ministry of Construction or Department of Construction shall be composed of:
a) A council president who is a leader of the issuing authority;
b) Standing members who are public officials and public employees of this authority;
c) Members who are public officials and public employees whose major is relevant to the field covered by the eligibility certificate applied for or experts whose expertise is relevant to the field covered by the eligibility certificate applied for where necessary.
4. A council for evaluation for issuance of the construction practicing certificate established by a socio-professional organization shall be composed of:
a) A council president who is a leader of the socio-professional organizations;
b) Members who are the ones of the socio-professional organizations.
5. Council members shall work part-time and in accordance with regulations promulgated by the council president.
Thus, according to the above provisions, a council for evaluation for issuance of the eligibility certificate established by a construction authority affiliated to the Ministry of Construction or Department of Construction shall be composed of:
- Firstly, a council president who is a leader of the issuing authority;
- Secondly, standing members who are public officials and public employees of this authority;
- Finally, members who are public officials and public employees whose major is relevant to the field covered by the eligibility certificate applied for or experts whose expertise is relevant to the field covered by the eligibility certificate applied for where necessary.
What are the procedures for issuance of certificate of eligibility for construction activities in Vietnam?
Pursuant to Clause 1, Article 90 of Decree No. 15/2021/ND-CP stipulating as follows:
Procedures for issuance and revocation of certificate of eligibility for construction activities
1. Regarding issuance of the eligibility certificate:
a) The applicant shall submit an application form for issuance of the eligibility certificate prescribed in Article 87 of this Decree, electronically or by post or in person, to the issuing authority;
b) From the date on which the satisfactory is received, the issuing authority shall issue the eligibility certificate within 20 days in the case of issuance of the certificate for the first time, adjustments to the rank of, adjustments or amendments to the eligibility certificate, and within 10 days in the case of reissuance of the eligibility certificate. In the case the application is unsatisfactory, the issuing authority shall notify the applicant in writing once within 05 days from the date on which the application is received.
2. Regarding revocation of the eligibility certificate:
a) Within 10 days from the date on which the inspection conclusion, including a proposal for revocation of the practicing certificate, is received or it is discovered or there are grounds to believe that the organization is mentioned in one of the cases specified in Clause 2 Article 84 of this Decree, the revoking authority shall issue a decision on revocation of the eligibility certificate. In case of failure to revoke it, written explanation shall be provided to the organization or individual that makes the revocation proposal;
b) The revoking authority shall send the revocation decision to the individual and publish it on its website, and provide information thereof to the Ministry of Construction for integration into its website within 05 days from the issuance date of the decision;
c) The organization whose eligibility certificate is revoked shall return the original of such certificate to the authority that issues the revocation decision within 05 days from the receipt of the revocation decision;
d) In the cases where the eligibility certificate is misstated at the fault of the issuing authority, the revoking authority shall reissue the eligibility certificate within 05 days from the receipt of the revoked eligibility certificate;
dd) In case the organization whose eligibility certificate must be revoked fails to return the eligibility certificate as prescribed, the competent authority that issues the revocation decision shall send him/her a decision to pronounce cancellation of the eligibility certificate and publish it on its website and provide information thereof to the Ministry of Construction for integration into its website.
Thus, according to the above regulations, the procedures for issuance of certificate of eligibility for construction activities are as follows:
Step 1: The applicant shall submit an application form for issuance of the eligibility certificate, electronically or by post or in person, to the issuing authority;
Step 2: From the date on which the satisfactory is received, the issuing authority shall issue the eligibility certificate within 20 days.
Note: In the case the application is unsatisfactory, the issuing authority shall notify the applicant in writing once within 05 days from the date on which the application is received.
LawNet