What are conditions for issuance of construction design practicing certificates in Vietnam?

What are conditions for issuance of construction design practicing certificates in Vietnam?

Pursuant to Article 70 of the Decree 15/2021/NĐ-CP, an individual shall be considered to be issued with a construction design practicing certificate if he/she meet the eligibility requirements in Articles 66 and 67 hereof and the eligibility requirements corresponding to ranks below:

1. A Rank-I construction design practicing certificate is awarded to the individual who has worked as a chairperson or president in charge of designing or appraising the design of tasks of the field for which a practicing certificate is sought of least 01 Class I work or higher or at least 02 Class II works or higher of the field that is covered by the certificate applied for,

2. A Rank-II construction design practicing certificate is awarded to the individual who has worked as a chairperson or president in charge of designing or appraising the design of tasks of the field for which a practicing certificate is sought of at least 01 Class II work or higher or at least 02 Class III works or higher or has participated in designing or appraising the design of the tasks relevant to requirements of that practicing certificate of at least 03 Class II works or higher that are the same as those for which a practicing certificate is sought.

3. A Rank-III construction design practicing certificate is awarded to the individual who has participated in designing or appraising the design of tasks of the field for which a practicing certificate is sought of at least 03 Class III works or higher or at least 05 Class IV works or higher that are the same as those for which a practicing certificate is sought.

Pursuant to Article 66 of the Decree 15/2021/NĐ-CP, an individual shall be issued with the practicing certificate if he/she:

1. 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.

2. has his/her qualifications and experience relevant to requirements of the practicing certificate. To be specific:

a) 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;

b) 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;

c) 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.

3. passes the test in the field for which a practicing certificate is sought.

Pursuant to Clause 3 Article 67 of the Decree 15/2021/NĐ-CP stipulating appropriate disciplines as the basis for issuance of the construction practicing certificate in Vietnam as follows:

3. Construction design:

a) Construction structure design: the discipline must be construction engineering related to construction structure is required (excluding mining, transport, irrigation works, dikes);

b) Mechanical - electrical design (excluding transmission lines and electrical substations): the disciplines must be engineering related to electrical engineering, mechanical engineering, air ventilation – heat supply and dissipation engineering;

c) Water supply – drainage design: the discipline must be engineering related to water supply and drainage,

d) Mining construction design: the discipline must be engineering related to underground and mine works;

dd) Transport construction engineering design (including roads; bridges - tunnels; railway; inland waterways, maritime): the discipline must be engineering related to transport works;

e) Design of water supply and drainage works; solid waste treatment works: the discipline must be engineering related to water supply and drainage, urban environmental engineering and equivalent discipline;

g) Design of irrigation works, dikes: the discipline must be engineering related to irrigation works, dikes, equivalent discipline.

Which authorities have power to issue construction design practicing certificates in Vietnam?

Pursuant to Clause 1 Article 64 of the Decree 15/2021/NĐ-CP stipulating power to issue construction design practicing certificates in Vietnam as follows:

1. Power to issue the practicing certificate:

a) Construction authorities affiliated to the Ministry of Construction shall issue Rank-I practicing certificates;

b) Departments of Construction shall issue Rank-II and Rank-III practicing certificates;

c) Socio-professional organizations specified in Article 81 of this Decree shall issue Rank-II and Rank-III practicing certificates to their members.

When shall construction design practicing certificates in Vietnam be revoked?

Pursuant to Clause 2 Article 63 of the Decree 15/2021/NĐ-CP, an individual whose practicing certificate shall be revoked in one of the following cases:

a) The individual no longer satisfies the conditions specified in Clause 1 Article 66 of this Decree;

b) The application for issuance of the practicing certificate contains counterfeit documents;

c) The holder of the practicing certificate rents it, lends it, leases it, borrows it or allows another person to use it;

dd) Contents of the practicing certificate are corrected, erased or falsified;

dd) The practicing certificate is misstated at the fault of the issuing authority;

e) The practicing certificate is issued ultra vires;

g) The practicing certificate is issued in the case of failure to meet eligibility requirements as prescribed.

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