From January 1, 2024, 20% reduction in the fee for issuing an online certificate of construction capacity in Vietnam

From January 1, 2024, 20% reduction in the fee for issuing an online certificate of construction capacity in Vietnam

Pursuant to Clasue 6 Article 4 of the Circular 38/2022/TT-BTC (supplemented by Article 6 of the Circular 63/2023/TT-BTC) stipulating as follows:

Fees

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6. In the case where an organization submits an online application for issuance of certificate of construction capacity, an individual submits an online application for issuance of construction practicing certificate or a foreign submits an online application for issuance of construction permit:

a) From January 01, 2024 to December 31, 2025 inclusive, the fees shall be 80% (eighty percent) of the fees prescribed in clauses 1 and 3 of this Article.

b) From January 01, 2026 onwards, the fees prescribed in clauses 1 and 3 of this Article shall be applied.

Therefore, from January 1, 2024, the fee for issuing a certificate of construction capacity will be 80% of the prescribed fee. This means that the fee will be reduced by 20%.

However, from January 1, 2026, the fee will be applied as prescribed in Article 4 of Circular 38/2022/TT-BTC.

From January 1, 2024, 20% reduction in the fee for issuing an online certificate of construction capacity in Vietnam - Source: Internet

Which agencies have the power to issue the construction practicing certificate in Vietnam?

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

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

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

- Rank-II and Rank-III practicing certificates shall be issued by a socio-professional organization will be certified eligible to issue construction practicing certificates if it:

+ has its field related to construction activities and operates nationwide;

+ has been allowed to be established and had its charter approved by a competent authority;

+ sufficiently provides infrastructure serving tests.

What documents are included in the application for issuance of construction practicing certificate in Vietnam?

Pursuant to Clause 1 Article 76 of the Decree 15/2021/NĐ-CP (amended by Clause 23 Article 12 of the Decree 35/2023/NĐ-CP) stipulating the application for issuance of construction practicing certificate in Vietnam as follows:

Application for construction practicing certificate

1. An application for issuance of the construction practicing certificate for the first time, adjustments to certificate rank, certificate renewal includes:

a) An application form provided in form 01 of the Appendix IV of this Decree;

b) The applicant’s 02 color 4 x 6 cm and white background photos and file thereof which are taken within the last 06 months;

c) Qualification(s) awarded by a legal training institution in accordance with the type or rank of the certificate applied for. If the qualification does not contain the discipline/major, the academic transcript shall be attached to the qualification for inspection and assessment;

dd) Decisions on task assignment (responsibility assignment) issued by an organization to an individual or written confirmation of completed typical tasks provided by the legal representative of the investor. The person signing the written confirmation shall take responsibility for its truthfulness. In case the individual runs his/her own construction business, a contract and record on commissioning of listed typical tasks are required;

e) Legal residence-related documents or work permit issued by a Vietnamese competent authority, applicable to foreigners;

g) Copy of passing test result in case the test is done before the date of submission of the application for the practicing certificate;

h) Documents specified in Points c, d, dd and e of this Clause shall be certified true copies or included in a file that contains color photos of originals or copies presented together with the originals for comparison or practicing certificate codes for documents specified in point d of this Clause.

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As regulations above, the application for issuance of construction practicing certificate in Vietnam includes:

(1) An application form

(2) The applicant’s 02 color 4 x 6 cm and white background photos and file thereof which are taken within the last 06 months

(3) Qualification(s) awarded by a legal training institution in accordance with the type or rank of the certificate applied for. If the qualification does not contain the discipline/major, the academic transcript shall be attached to the qualification for inspection and assessment

(4) Decisions on task assignment (responsibility assignment) issued by an organization to an individual or written confirmation of completed typical tasks provided by the legal representative of the investor. The person signing the written confirmation shall take responsibility for its truthfulness. In case the individual runs his/her own construction business, a contract and record on commissioning of listed typical tasks are required;

(5) Legal residence-related documents or work permit issued by a Vietnamese competent authority, applicable to foreigners;

(6) Copy of passing test result in case the test is done before the date of submission of the application for the practicing certificate;

Note: Documents specified in (3), (4), (5) shall be certified true copies or included in a file that contains color photos of originals or copies presented together with the originals for comparison

Best regards!