Can I get a level 1 construction capability certificate for the field of aluminum and glass construction in Vietnam?

Can I get a level 1 construction capability certificate for the field of aluminum and glass construction in Vietnam?

My company specializes in aluminum and glass construction. The company has completed the construction of aluminum and glass facades (area of ​​1400 m2) for a level 1 apartment building. The investor required my company to add a "certificate of capacity for construction activities of class 1". Can I ask you something:

1. Is it right or wrong for the investor to request my company to provide a certificate of capacity for class 1 construction activities according to the provisions of construction law?

2. Is aluminum and glass construction (aluminum and glass facades) in the field that is granted a certificate of capacity for class 1 construction activities?

Reply:

Pursuant to the provisions of Clause 38 and Clause 39, Article 3 of the Construction Law 2014 and Clause 20, Article 1 of Decree 100/2018/ND-CP on business investment conditions in the fields of state management of the Ministry of Construction, In case an organization only provides and installs aluminum and glass for the interior of the project, it is not required to have a certificate of construction activity capacity.

However, if you organize the construction of items related to the structure of the building such as the covering structure (facade) of the building, you will be required to have a certificate of capacity for construction activities.

Thus, based on the provisions of law, in this case your company is constructing facades (aluminum), so the investor's request for your company to supplement the certificate of construction activity capacity is well-founded according to the provisions of law in Vietnam.

Can I get a level 1 construction capability certificate for the field of aluminum and glass construction in Vietnam? (Image from the Internet)

Is it necessary to have a construction capacity certificate when constructing railings of loggias and stairs in Vietnam?

Is a contractor who only constructs loggia and staircase railings required to have a construction activity capacity certificate from the organization?

Reply:

Pursuant to Clause 38 and Clause 39, Article 3 of the Construction Law 2014 stipulates:

38. Construction of a work means the construction of, and installation of equipment for, a newly built, repaired, renovated, relocated, embellished or restored work; dismantlement of a work; warranty and maintenance of a construction work.

39. Equipment installed in a work includes work equipment and technological equipment. Work equipment means equipment installed in a construction work according to its construction design. Technological equipment means equipment included in the technological chain installed in a work according to its technological design.

Pursuant to Clause 20, Article 1 of Decree 100/2018/ND-CP stipulates as follows:

Amend and supplement Clause 19, Article 1 of Decree 100/2018/ND-CP as follows:

Article 57. Eligibility requirements for construction activities

1. Each organization engaging in construction activities in the following fields must meet eligibility requirements:

a) Construction survey, including: Topographical survey; geological survey.

b) Planning formulation.

c) Construction design and construction design appraisal: Architectural design; civil - industrial structure design; mechanical - electrical design; water supply – drainage design; transport engineering design; agricultural and rural development engineering design; infrastructural engineering design.

d) Construction project management.

dd) Construction execution.

e) Construction supervision.

g) Construction inspection.

h) Construction cost management.

2. Each organization involved in construction activities in the fields specified in Points a - e Clause 1 of this Article must obtain a certificate of eligibility for construction activities (hereinafter referred to as “the eligibility certificate”).

3. The organization engaging in the construction activities specified in Clause 1 of this Article must be an enterprise that is prescribed by the Law on Enterprises or an organization that is licensed to carry out construction activities and established as prescribed by law and must meet the requirements applied to each field as prescribed in this Decree.

4. The eligibility certificate is valid for up to 10 years.

5. The forms and contents of the eligibility certificate are provided in the Appendix IX of this Decree.

6. The eligibility certificate is managed using the certificate code, including 02 groups of code joined together by a hyphen (-) as follows:

a) First group includes up to 03 characters representing the place of issue as prescribed in Appendix VII hereof.

b) Second group indicates the eligibility certificate code.

7. The Ministry of Construction shall uniformly manage the issuance and revocation of the eligibility certificate, and issuance of the eligibility certificate code; provide guidelines for issuing the practice certificate; publish the list of organizations issued with the eligibility certificate on its website; organize the online issuance of the eligibility certificate.”

Thus, only performing the construction of railings of loggias and stairs that are not part of the building structure is not subject to the requirement to have a certificate of capacity for construction activities in Vietnam.

Above is the support content.

Does construction contractor have to buy civil liability insurance for third parties in Vietnam? 

Let me ask: Does the construction contractor have to buy civil liability insurance for third parties? Based on what regulations?

Thank!

Reply:

Clause 2, Article 9 of the Construction Law 2014 stipulates:

2. Responsibility to buy compulsory insurance in construction investment activities is prescribed as follows:

a/ Project owners shall buy work insurance during the construction for works affecting the community safety, environment, works with particular technical requirements and complicated construction conditions;

b/ Consultancy contractors shall buy construction investment consultancy professional liability insurance for construction survey and construction design of construction works of grade II or higher grade;

c/ Construction contractors shall buy insurance for construction workers working on the construction sites.

In Clause 6, Article 3, Decree 119/2015/ND-CP stipulates:

6. A contractor shall participate in civil liability insurance as a third party in accordance with paragraph 3 Article 9 of the Construction Law and under the direction of the Ministry of Finance.

Thus, construction contractors are not required to purchase civil liability insurance for third parties in Vietnam.

Best regards!