Is it correct that civil servants and public employees in the construction sector in Vietnam are required to rotate their positions periodically, from 3 to 5 years per time?

Is it correct that civil servants and public employees in the construction sector in Vietnam are required to rotate their positions periodically, from 3 to 5 years per time? - Mr. Nhat (Da Nang)

Issuing a list of positions that must be periodically converted under the Ministry of Construction of Vietnam

On October 3, 2023, the Minister of Construction of Vietnam issued Circular 08/2023/TT-BXD regulating the list of positions and the periodic rotation period for civil servants who do not hold leadership positions and public employees who directly interact with and resolve issues in the field of construction.

Circular 08/2023/TT-BXD regulates the list of positions and the periodic rotation period for civil servants who do not hold leadership positions and public employees who directly interact with and resolve issues in the field of construction.

Circular 08/2023/TT-BXD will apply to:

- Units under the Ministry of Construction;

- Units, organizations, and units under the management of the local government in the field of construction;

- Civil servants who do not hold leadership positions and public employees who directly interact with and resolve issues in the field of construction at units, organizations, and units under the Ministry of Construction, under the management of the local government in the field of construction.

From November 20, 2023, what positions in units under the Ministry of Construction of Vietnam are on the list of periodic rotation?

According to Article 2 of Circular 08/2023/TT-BXD, from November 20, 2023, the following positions in units under the Ministry of Construction must be periodically rotated:

(1) Licensing in the field of construction:

- Checking and evaluating the dossiers for applying for construction profession licenses; converting construction profession licenses of foreigners or Vietnamese people residing abroad.

- Checking and evaluating the dossiers for applying for construction profession licenses, construction capacity certificates;

- Checking and evaluating the dossiers for applying for recognition of social - professional organizations meeting the conditions for issuing construction profession licenses, construction capacity certificates;

- Checking and evaluating the dossiers for applying for recognition of social - professional organizations in architectural practice, research institutes, and architectural training institutions meeting the conditions for conducting examinations for architectural profession licenses;

- Checking and evaluating the dossiers for applying for a certificate of registration for testing activities within the scope of state management of the Ministry of Construction;

- Checking and evaluating the dossiers for applying for a certificate of registration for certification activities within the scope of state management of the Ministry of Construction;

- Checking the dossiers for appointing, relieving, and issuing a construction legal expert card;

- Checking and evaluating the dossiers for applying for a certificate of qualification for occupational safety and health inspection activities for organizations performing inspection of machines, equipment, and materials with strict requirements for occupational safety and health used in construction;

- Checking and evaluating the dossiers for applying for a certificate of inspector for individuals performing inspection of machines, equipment, and materials with strict requirements for occupational safety and health used in construction.

(2) Project appraisal:

- Appraising the feasibility study report for investment construction, the feasibility study report for investment construction adjustment;

- Appraising, adjusting the construction design deployed after the basic design.

(3) Urban planning management:

- Approving the tasks, adjusting the tasks of urban planning;

- Approving the drawings, adjusting the drawings of urban planning.

(4) Quality management and supervision of construction works:

- Checking the acceptance work of construction works;

- Checking and evaluating the dossiers for requesting opinions on the results of safety assessment of construction works; opinions on works that have expired but need to be used further.

Is it correct that civil servants and public employees in the construction sector in Vietnam are required to rotate their positions periodically, from 3 to 5 years per time? - Source: Internet

Is it correct that civil servants and public employees in the construction sector in Vietnam are required to rotate their positions periodically, from 3 to 5 years per time?

Pursuant to Article 4 of the Circular 08/2023/TT-BXD stipulating periodic rotation period as follows:

Periodic rotation period

The periodic rotation period for civil servants and public employees working at the positions specified in Articles 2 and 3 of this Circular is from 3 to 5 years. The time to calculate the rotation period is the time when the competent authority issues a document transferring, assigning, and assigning tasks to civil servants and public employees.

Therefore, from November 20, 2023, civil servants and public employees in the construction sector at the positions in the units under the Ministry of Construction and in the units, organizations, and units under the management of the local government in the field of construction will be periodically rotated from 3 to 5 years.

Which positions in the units, organizations, and units under the management of the local government in the field of construction in Vietnam must be periodically rotated?

According to Article 3 of Circular 08/2023/TT-BXD, the following positions in the units, organizations, and units under the management of the local government in the field of construction must be periodically rotated:

(1) Licensing in the field of construction:

- Checking and evaluating the dossiers for applying for construction profession licenses; converting construction profession licenses of foreigners or Vietnamese people residing abroad;

- Checking and evaluating the dossiers for applying for construction profession licenses, construction capacity certificates;

- Checking and evaluating the dossiers for applying for recognition of social - professional organizations meeting the conditions for issuing construction profession licenses, construction capacity certificates;

- Checking and evaluating the dossiers for applying for recognition of social - professional organizations in architectural practice, research institutes, and architectural training institutions meeting the conditions for conducting examinations for architectural profession licenses;

- Checking and evaluating the dossiers for applying for a certificate of registration for testing activities within the scope of state management of the Ministry of Construction;

- Checking and evaluating the dossiers for applying for a certificate of registration for certification activities within the scope of state management of the Ministry of Construction;

- Checking the dossiers for appointing, relieving, and issuing a construction legal expert card;

- Checking and evaluating the dossiers for applying for a certificate of qualification for occupational safety and health inspection activities for organizations performing inspection of machines, equipment, and materials with strict requirements for occupational safety and health used in construction;

- Checking and evaluating the dossiers for applying for a certificate of inspector for individuals performing inspection of machines, equipment, and materials with strict requirements for occupational safety and health used in construction.

(2) Project appraisal:

- Appraising the feasibility study report for investment construction, the feasibility study report for investment construction adjustment;

-  Appraising, adjusting the construction design deployed after the basic design;

- Checking and evaluating the dossiers for requesting the announcement of residential properties under construction that are eligible for sale or lease.

(3) Urban planning management:

- Approving the tasks, adjusting the tasks of urban planning;

- Approving the drawings, adjusting the drawings of urban planning.

(4) Quality management and supervision of construction works:

- Checking the acceptance work of construction works;

- Checking and evaluating the dossiers for requesting opinions on the results of safety assessment of construction works; opinions on works that have expired but need to be used further.

(5) Appraisal, planning, monitoring, supervising, coordinating, compensation, and land clearance.

Note: Circular 08/2023/TT-BXD takes effect from 20/11/2023.

Best regards!

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