Is it necessary to declare working experience when applying for re-issuance of the construction practicing certificate in Vietnam?

Is it necessary to declare working experience when applying for re-issuance of the construction practicing certificate in Vietnam? What are the fines for operating without construction practicing certificate in Vietnam? What documents are included in the application for conversion of the construction practicing certificate in Vietnam?

Hello Lawnet. My construction practicing certificate has been expired. I applied for re-issuance of my practicing certificate. However, my application had been fail as my working experience declaration was not eligible. I want to know if it is necessary to declare working experience when applying for re-issuance of the construction practicing certificate.

Thank you!

Is it necessary to declare working experience when applying for re-issuance of the construction practicing certificate in Vietnam?

Pursuant to Clause 2 Article 76 of the Decree 15/2021/NĐ-CP stipulating the application for re-issuance of the construction practicing certificate in Vietnam as follows:

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) Original of unexpired practicing certificate that is damaged or misstated. A commitment form made by the applicant for reissuance is required in case of loss of the practicing certificate;

d) Documents mentioned in points c, dd and e clause 1 hereof in case of reissuance of practicing practice with the field changed as per this Decree;

dd) Documents specified in Points c, d of this Clause must be certified true copies or included in a file that contains color photos of originals or copies presented together with the originals for comparison.

Pursuant to Clause 2 Article 66 of the Decree 15/2021/NĐ-CP stipulating general eligibility requirements for issuance of construction practicing certificates in Vietnam as follows:

An individual shall be issued with the practicing certificate if he/she:

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.

As regulations above, you don't have to prove your working experience when applying for re-issuance of the construction practicing certificate in Vietnam.

What are the fines for operating without construction practicing certificate in Vietnam?

Pursuant to Clause 1 Article 24 of the Decree 15/2021/NĐ-CP stipulating violation of regulation on construction eligibility in Vietnam as follows:

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on individuals engaging in construction work who:

a) Engage in construction work with insufficient eligibility for operation as per the law;

b) Engage in construction work without valid license of operation or engage in construction work in a manner contradicting the license of operation;

c) Are foreigners or overseas Vietnamese and engage in construction work in Vietnam without converting license of operation as per the law.

As regulations above, individuals operating without construction practicing certificate shall be fined from VND 10.000.000 to VND 20.000.000.

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

Pursuant to Clause 4 Article 76 of the Decree 15/2021/NĐ-CP stipulating the application for conversion of the construction practicing certificate in Vietnam as follows:

An application for conversion of the practicing certificate includes:

a) An application form for conversion of the practicing certificate provided in form 03 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) Copies of qualification(s) or practicing certificate(s) awarded by a foreign organization, bearing consular authentication and enclosed with notarized and certified Vietnamese translations as prescribed by Vietnam’s laws;

d) Certified true copies or a file that contains color photos of originals or copies of legal residence documents or work permit issued by a Vietnamese competent authority, presented together with the originals for comparison.

Best regards!

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