Issuance of the certificate of eligibility for construction activities in Vietnam

According to Circular No. 08/2018/TT-BXD of the Ministry of Construction of Vietnam, the council for issuance of the certificate of eligibility for construction activities shall assess an organization’s eligibility for construction activities according to the eligibility requirements corresponding to each eligibility rank and field. An organization shall be issued with the certificate of eligibility for construction activities if eligibility requirements are considered satisfactory.

Corresponding to each rank and field covered by the certificate of eligibility for construction activities applied for, the organization must employ qualified individuals to hold titles whose holders are required to have the practicing certificate corresponding to their title and individuals performing tasks appropriate to their qualification. Each individual of an organization may hold one or multiple titles whose holders are required to have the practicing certificate and perform tasks if corresponding eligibility requirements are satisfied as prescribed.

Tasks performed by an individual of the organization shall be considered relevant to the field or type covered by the practicing certificate applied for if his/her discipline as prescribed are relevant to his/her tasks. Notably, the discipline of the individual in charge of construction must correspond to the discipline of the individual applying for issuance of the construction supervision practicing certificate.

If the organization only employs individuals to take positions whose holders are required to have the practicing certificate for one or some fields, types and disciplines, the assessment shall be carried out as follows:

- Regarding the organization responsible for construction survey: If the organization lists the individual working as a president in charge of carrying out a construction survey with respect to a type of construction survey, the certificate of eligibility for construction activities shall only cover such type of construction survey.

- Regarding the organization responsible for construction planning formulation: The individual working as a president in charge of designing construction planning or chairperson in charge of designing architecture - planning, urban economics or infrastructure disciplines must have a construction planning practicing certificate relevant to the rank of the certificate applied for;

- Regarding the organization responsible for engineering design:

+ For civil - industrial engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design-related disciplines must have a practicing certificate for the architectural design, civil - industrial structure design, mechanical - electrical design or water supply – drainage design relevant to his/her tasks covered by and rank of the certificate applied for. If the organization lists the individual working as a president in charge of one or some engineering design-related discipline(s), the certificate of eligibility for construction activities shall only cover such discipline(s).

+ For transport engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design must have a practicing certificate for transport engineering design relevant to the class of work covered by and rank of the certificate applied for.

+ For agricultural and rural development engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design must have a practicing certificate for agricultural and rural development engineering design relevant to the class of work covered by and rank of the certificate applied for.

+ For infrastructural engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design must have a practicing certificate for infrastructural engineering design relevant to the class of work covered by and rank of the certificate applied for.

- For the project management consultancy: The individual in charge of specialized fields of the consultancy must have a practicing certificate for construction supervision practicing or construction valuation relevant to his/her tasks covered by and rank of the certificate applied for;

- Regarding the organization responsible for construction supervision: If the organization lists the individual working as a chief supervisor or supervisor who only has a practicing certificate for some fields of construction survey, the certificate of eligibility for construction activities shall only cover such fields.

The issuing authority shall decide to issue the certificate of eligibility for construction activities after obtaining the assessment result given by the council for issuance of the certificate of eligibility for construction activities. If an organization applies for upgrade or adjustment of the certificate of eligibility for construction activities, the effective period of the certificate is prescribed by law.

Particularly, foreign organizations are not required to have the certificate of eligibility for construction activities as prescribed in this Circular when carrying out construction activities in Vietnam.

View more details at Circular No. 08/2018/TT-BXD of the Ministry of Construction of Vietnam, effective from November 20, 2018.

-Thao Uyen-

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