What is the latest procedure for granting certificates of eligibility for construction activities in 2024 in Vietnam?

In which fields are organizations engaging in construction activities required to have a certificate of eligibility for construction activities in Vietnam?

Pursuant to Clause 1, Clause 2, Article 83 of Decree 15/2021/ND-CP amended by Point a, Clause 26, Article 12 of Decree 35/2023/ND-CP regulating eligibility requirements for construction activities:

Eligibility requirements for construction activities

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

a) Construction survey;

b) Construction planning;

c) Design and design assessment;

d) Construction project management consulting;

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 through e Clause 1 of this Article must obtain a certificate of eligibility for construction activities (hereinafter referred to as “the eligibility certificate”), except for circumstances in Clause 3 hereof.  The fields to be covered by the practicing certificate are specified in Appendix VII hereto. If the organization issued with the eligibility certificate is involved in construction activities in the fields other than those specified in Appendix VII of this Decree, the fields stated on the eligibility certificate that has been renewed shall be the fields specified in Appendix VII of this Decree and determined according to work experience of the organization which is declared in the application for the eligibility certificate.

...

Thus, organizations engaging in construction activities in the following fields are required to have a certificate of eligibility for construction activities:

- Construction survey;

- Construction planning;

- Design and design assessment;

- Construction project management consulting;

- Construction execution;

- Construction supervision;

What is the latest procedure for granting certificates of eligibility for construction activities in 2024 in Vietnam? (Image from the Internet)

What is the latest procedure for granting certificates of eligibility for construction activities in 2024 in Vietnam?

Pursuant to Clause 1, Article 80 of Decree 15/2021/ND-CP stipulating the procedures for issuance and revocation of construction practicing certificate:

Procedures for issuance and revocation of construction practicing certificate

1. Regarding issuance of the construction practicing certificate:

a) The applicant shall submit an application form for issuance of the practicing certificate prescribed in Article 76 of this Decree, electronically or by post or in person, to the issuing authority;

b) From the date on which the satisfactory application is received, the issuing authority shall issue the construction practicing certificate within 20 days in the case of issuance of the certificate for the first time, upgrade, adjustments or amendments to the certificate, within 10 days in the case of reissuance of the certificate, and within 25 days in the case of conversion of the certificate. In the case the application is unsatisfactory, the issuing authority shall notify the applicant in writing once within 05 days from the date on which the application is received;

c) For individuals submitting the application for issuance of construction practicing certificate but having not obtained test results, the processing time prescribed in point b clause 1 hereof shall begin from time when the test results are given.

...

Thus, the procedures for issuance and revocation of construction practicing certificate is carried out as follows:

Step 1: Submit application

The organization submits 01 set of application documents for a practicing certificate online or by mail or directly to the agency competent to issue the practicing certificate;

Dossier to request a certificate of capacity for construction activities includes:

- Application for issuance of construction practicing certificate

- 02 color 4 x 6 cm and white background photos and file thereof which are taken within the last 06 months;

- Qualification(s) awarded by a legal training institution in accordance with the type or rank of the certificate applied for;

- Decisions to assign work (assign tasks) of the organization to the individual or written confirmation from the legal representative of the investor about the typical tasks that the individual has completed according to the content listed. 

- Legal documents of residence or work permit issued by a competent Vietnamese agency in case the individual is a foreigner;

- A copy of the satisfactory test results in case the test was taken before the date of submitting the application for a practicing certificate;

Step 2 : Check your profile

From the date of receipt of complete and valid documents, the competent authority will check the documents

In case the dossier is incomplete or invalid, the agency competent to issue the practice certificate must notify the individual requesting the practice certificate in writing once within 05 working days from the date of application;

Step 3 : Issue construction practice certificate

Competent agencies are responsible for issuing construction practice certificates within 20 days for the first-time issuance of practice certificates.

Which construction projects do not require a construction activity capacity certificate?

Pursuant to Clause 3, Article 83 of Decree 15/2021/ND-CP amended by Point a, Clause 26, Article 12 of Decree 35/2023/ND-CP regulating eligibility requirements for construction activities:

Eligibility requirements for construction activities

...

3. An organization is not required to obtain an eligibility certificate as prescribed in this Decree to engage in the following construction activities:

a) Perform project management tasks of a field-based PMB or area-based PMB (except for project management consulting as prescribed in Clause 4 Article 21 of this Decree); construction project management unit of one project as prescribed in Article 22 of this Decree; or the investor that manages the project in accordance with Article 23 of this Decree;

b) Design, supervise, execute fire safety as per the law on fire safety;

c) Design, supervise and execute communications, telecommunications system in the work;

d) Design, supervise and perform 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; supervise and construct work furniture;

dd) Participate in construction activities for separate housing specified in Point b Clause 7 Article 79 of the Construction Law No. 50/2014/QH13; green parks; public lighting works, telecommunications cables; projects which only have the works mentioned at this Point;

e) Carry out construction activities of foreign organizations under construction operating licenses specified in Clause 2, Article 148 of the Law on Construction in 2014.

According to this Article, when constructing the following projects, a certificate of eligibility for construction activities is not required:

- Construction of fire prevention and fighting according to the law on fire prevention and fighting;

- Construction of communication and telecommunications systems in the project;

- Carrying out construction finishing work such as plastering, tiling, painting, door installation and other similar works that do not affect the load-bearing structure of the building; Supervision and construction of project interiors;

Best regards!