Cases of issuance and revocation of construction operation competency certificates in Vietnam from December 30, 2024

Cases of issuance and revocation of construction operation competency certificates in Vietnam from December 30, 2024​ (Image from the Internet)

On December 30, 2024, the Government of Vietnam issued Decree 175/2024/ND-CP guiding the Construction Law 2014 (amended in 2020) regarding construction activity management.

Cases of issuance and revocation of construction operation competency certificates in Vietnam from December 30, 2024

The specific cases of issuing and revoking construction activity capacity certificates in Vietnam are stipulated in Article 95 of Decree 175/2024/ND-CP as follows:

- Capacity certificates are issued to organizations under the following cases:

+ Issuance of new capacity certificates (including cases: first-time issuance; adding construction activities not included in the certificate; adjusting capacity certificate grade; expired certificates);

+ Reissuance when the existing capacity certificate is valid but lost, damaged, contains incorrect information, or requires adjustment or addition of organizational information (except for contents specified at Point a, Clause 1, Article 95 of Decree 175/2024/ND-CP) or reissuance for fields not subject to revocation previously issued.

- Capacity certificates are revoked under the following cases:

+ The organization granted the capacity certificate ceases construction activities, dissolves, or goes bankrupt;

+ No longer meeting the construction activity capacity conditions for the certified field as per regulations;

+ Falsifying documents in the application for issuing or reissuing the capacity certificate;

+ Allowing other organizations or individuals to use the capacity certificate;

+ Altering, erasing, or causing content changes in the capacity certificate;

+ Capacity certificates were issued by unauthorized entities;

+ Incorrect information on the capacity certificate due to the issuing authority's error;

+ Issued capacity certificates were not compliant with capacity conditions as stipulated;

+ When a competent authority recommends revoking the capacity certificate.

- Organizations can only apply for a capacity certificate after 12 months from the date of the decision to revoke the capacity certificate for cases revoked as per Points c, d, and dd, Clause 2, Article 95 of Decree 175/2024/ND-CP; after the revocation period according to the administrative violation handling decision for cases revoked as per Point i, Clause 2, Article 95 of Decree 175/2024/ND-CP. The process and procedure for capacity certificate issuance follow the case of capacity certificate issuance stipulated at Point a, Clause 1, Article 95 of Decree 175/2024/ND-CP.

Organizations that had their capacity certificates revoked under the condition specified at Point g, Clause 2, Article 95 of Decree 175/2024/ND-CP will be reissued the capacity certificate according to the procedures stipulated in Clause 2, Article 100 of Decree 175/2024/ND-CP, specifically:

+ Within 10 days from receiving inspection conclusions recommending revocation of the capacity certificate or when identifying or determining one of the revocation cases stipulated in Clause 2, Article 95 of Decree 175/2024/ND-CP, the competent authority issues a decision to revoke the capacity certificate; if not revoked, a written explanation is required to the requesting agency, organization, or individual;

+ The competent authority is responsible for sending the revocation decision to the affected organization and posting it on its electronic information portal; simultaneously integrating it into the Ministry of Construction's information system within 5 days from the decision date;

+ Organizations whose capacity certificates are revoked must return the original certificate to the decision-making authority within 5 days of receiving the decision;

+ In cases where organizations with revoked capacity certificates for non-compliance as defined in Point b, Clause 2, Article 95 of Decree 175/2024/ND-CP, the competent authority will reissue the certificate for remaining fields within 5 days after receiving the reissuance request and the revoked certificate;

+ If revoked due to errors by the issuing authority, they must reissue the certificate within 5 days of receiving the revoked certificate;

+ If the organization does not return the certificate as stated, the competent authority issues a nullification decision, sends it to the affected organization, and posts it on its portal; also informs the Ministry of Construction of Vietnam for system integration.

More details are in Decree 175/2024/ND-CP effective from December 30, 2024.

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