How much is the fee for conversion of construction practicing certificates in Vietnam?

How much is the fee for conversion of construction practicing certificates in Vietnam?

Pursuant to Article 4 of the Circular 38/2022/TT-BTC stipulating the fee for conversion of construction practicing certificates in Vietnam as follows:

Fees

1. Fees for issuance of certificates of construction capacity for organizations and construction practicing certificates for individuals are as follows:

a) The fee for first-time issuance, grade adjustment, and conversion:

- Certificates of construction capacity for organizations: 1.000.000 VND per certificate.

- Construction practicing certificates for individuals: 300.000 VND per certificate.

b) The fee for re-issuance, supplement of content, adjustment, and renewal of certificates is 50% of the fee prescribed in Point a of this Clause.

2. Fees for issuance of architecture practicing certificates are as follows:

a) The fee for first-time issuance and conversion: 300.000 VND per certificate.

b) The fee for re-issuance, renewal, and recognition of certificates if 50% of the fee prescribed in Point a of this Clause.

3. The fee for issuance of construction permits for foreign bidders: 2.000.000 VND per permit.

4. If the competent state agency writes the wrong information and has to re-issue certificates or permits, there will be no fees.

5. The fees for issuance of certificates of construction capacity for organizations, construction practicing certificates or architecture practicing certificates for individuals, and construction permits for foreign bidders shall be collected in Vietnam Dong.

As regulations above, the fee for conversion of construction practicing certificates in Vietnam is 300.000 VND.

When shall construction practicing certificates in Vietnam be conversed?

Pursuant to Clause 2 Article 62 of the Decree 15/2021/NĐ-CP stipulating conversion of construction practicing certificates in Vietnam as follows:

Construction practicing certificate

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 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.

As regulations above, any foreigner or overseas Vietnamese who obtained a practicing certificate issued by a foreign authority or organization and has practiced construction in Vietnam for at least 06 months, he/she is required to apply for conversion of the practicing certificate.

In which cases shall construction practicing certificate 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:

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

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

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

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

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

+ The practicing certificate is issued ultra vires;

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

Best regards!