Procedure for Upgrading Second-Class Construction Capacity Certificates
Legal Basis:
- Decree 100/2018/ND-CP;
- Circular 172/2016/TT-BTC.
According to the information you provided, the company's certificate may be a level III construction operation capacity certificate (as the practicing certificate only applies to individuals).
To upgrade from level III to level II, the organization must meet the conditions specified in Clause 32, Article 1 of Decree 100/2018/ND-CP, specifically:
- Organizations participating in construction activities must meet the following conditions corresponding to the capacity levels:
...
b) Level II:
- Individuals appointed as site commanders must meet the conditions to be site commanders from level II or higher, suitable for the field of expertise;
- Individuals in charge of executing the specialized field must have a university or vocational college degree appropriate for the work undertaken and have at least 01 year of work experience for university level, 03 years for vocational college level;
- Technical workers performing construction tasks must have diplomas or certificates of additional professional training suitable for the contents registered for the capacity certificate issuance;
- The ability to mobilize enough essential machinery and equipment to meet the requirements of construction works appropriate to the tasks undertaken;
- Have directly executed work on main project categories related to the content requested for certificate issuance for at least 01 project of level II or higher, or 02 projects of level III or higher of the same type.
Once all the above conditions are met, the company prepares a dossier to adjust the capacity certificate level as stipulated in Clause 23, Article 1 of Decree 100/2018/ND-CP, including:
a) Application for capacity certificate issuance according to the form in Appendix V of Decree 100/2018/ND-CP;
b) Decision on the establishment of the organization in case of having an establishment decision;
c) Decision on the recognition of the construction industry laboratory of the organization or the principal contract on collaboration to perform testing work serving construction surveys with a recognized construction industry laboratory (for organizations requesting the issuance of a construction survey capacity certificate);
d) Practicing certificate or declaration of practicing certificate number in case the practicing certificate is issued according to the Construction Law 2014 of positions required to have a practicing certificate; training diplomas of individuals involved in performing the work;
e) Capacity certificate previously issued by the competent authority in case of requesting an adjustment of the capacity certificate level;
f) Diplomas or certificates of professional training appropriate for technical workers (for organizations requesting the issuance of a construction execution capacity certificate);
g) Contracts and acceptance records of completed representative works undertaken according to the declared contents.
h) The documents specified in points b, c, d, e, f, g of this clause must be authenticated copies or files containing color photos from the originals or copies, with the original presented for comparison.
Subsequently, according to the provisions of Clause 25, Article 1 of Decree 100/2018/ND-CP:
- The company submits 01 dossier set as prescribed via online, postal service, or directly at the Department of Construction.
- Within 05 days from the date of receiving the dossier, the Department of Construction sends a one-time notification in writing to the company if the dossier is incomplete or invalid.
- Within 20 days from the date of receiving a complete and valid dossier, the Department of Construction will issue a level II construction operation capacity certificate.
Fee: 1,000,000 (one million) VND/certificate (as prescribed at Point a, Clause 1, Article 4 of Circular 172/2016/TT-BTC)
The editorial board informs you!
Sincerely!
