What are the subjects who must have a practicing certificate to practice construction activities in Vietnam? What construction activities do not require a practicing certificate in Vietnam?

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 02/12/2023

What are the subjects who must have a practicing certificate to practice construction activities in Vietnam? What construction activities do not require a practicing certificate in Vietnam?

    • What construction activities do not require a practicing certificate in Vietnam?

      Pursuant to Clause 3 Article 62 of the Decree 15/2021/NĐ-CP (amended by Clause 17 Article 12 of the Decree 35/2023/NĐ-CP), construction activities do not require a practicing certificate in Vietnam are:

      - Design, supervision of communications, telecommunications system in a work;

      - Design, supervision of finishing activities of a work, such as plastering, tiling, painting, installing doors, windows, furniture and other similar works without affecting the load bearing structures of the work; supervision of construction of furniture;

      - Construction activities for separate housing specified in Point b Clause 7 Article 79 of the Law on Construction in 2014; green parks; telecommunications cables.

      What are the subjects who must have a practicing certificate to practice construction activities in Vietnam? What construction activities do not require a practicing certificate in Vietnam? - Source: Internet

      What are the subjects who must have a practicing certificate to practice construction activities in Vietnam?

      Pursuant to Clause 1 Article 62 of the Decree 15/2021/NĐ-CP stipulating construction practicing certificate 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.

      ...

      Pursuant to Clause 3 Article 148 of the Law on Construction in 2014 (amended by Clause 53 Article 1 of the Law on amendments to the Law on Construction in 2020) stipulating general provisions on capability condition of organizations and individuals engaged in construction activities as follows:

      General provisions on capability condition of organizations and individuals engaged in construction activities

      ...

      3. Holders of titles and individuals practicing construction activities who are required to possess practice certificates as prescribed in this Law include construction investment project managers, construction planning design managers, construction survey managers, construction design or design verification managers, construction supervision consultants, and managers in charge of formulating, verifying and managing construction investment costs. Practice certificates shall be classified into class I, class II and class III.

      ...

      As regulations above, the subjects who must have a practicing certificate to practice construction activities in Vietnam are:

      - Construction investment project managers

      - Construction planning design managers

      - Construction survey managers, construction design or design verification managers

      - Construction supervision consultants

      - Managers in charge of formulating, verifying and managing construction investment costs

      What are the required qualifications for the issuance of a practicing certificate for construction activities in Vietnam?

      Pursuant to Article 67 of the Decree 15/2021/NĐ-CP (amended by Clause 20 Article 12 of the Decree 35/2023/NĐ-CP), appropriate disciplines as the basis for issuance of the construction practicing certificate are as follows:

      Construction survey:

      - Topographical survey: one of the following disciplines is required: geotechnical engineering, geodesy, mapping, construction engineering;

      - Geological survey: one of the following disciplines is required: geotechnical engineering, geodesy, mapping, hydrogeology, construction engineering;

      Construction planning design: one of the following disciplines is required: architecture, construction planning, infrastructure, transport.

      Construction design:

      - Construction structure design: the discipline must be construction engineering related to construction structure is required (excluding mining, transport, irrigation works, dikes);

      - Mechanical - electrical design: the disciplines shall be engineering related to electrical engineering, mechanical engineering, air ventilation – heat supply and dissipation engineering;

      - Water supply – drainage design: the discipline must be engineering related to water supply and drainage,

      - Mining construction design: the discipline must be engineering related to underground and mine works;

      - Transport construction engineering design (including roads; bridges - tunnels; railway; inland waterways, maritime): the discipline must be engineering related to transport works;

      - Design of water supply and drainage works; solid waste treatment works: the discipline must be engineering related to water supply and drainage, urban environmental engineering and equivalent discipline;

      - Design of irrigation works, dikes: the discipline must be engineering related to irrigation works, dikes, equivalent discipline.

      Construction supervision:

      - Construction supervision: One of the following disciplines is required: construction engineering, construction economics, architecture, engineering related to construction of structures;

      - Equipment installation supervision: One of the following disciplines is required: electrical engineering, mechanical engineering, air ventilation – heat supply, water supply and drainage or other engineering disciplines related to equipment installation.

      Construction valuation: One of the following disciplines is required: construction economics, construction engineering and other engineering disciplines.

      Construction project management: One of the following disciplines is required: construction engineering, construction economics, architecture, engineering related to construction of structures.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you