New Points in the Application for Issuing a Certificate of Construction Operation Capacity

Recently, the Government of Vietnam issued Decree 100/2018/ND-CP stipulating several new points regarding the application files for the issuance of construction activity capacity certificates.

Previously, Decree 59/2015/ND-CP only provided regulations on the dossier for applying for a certificate of construction operation capacity. However, with the advent of Decree 100/2018/ND-CP, amendments and supplements to Decree 59/2018/ND-CP were made, categorizing more specific cases regarding the dossier for the issuance of certificates related to construction activities. To be specific:

Dossier for the initial issuance of a capacity certificate, adjustment of the capacity certificate grade, includes:

- Application form for the capacity certificate (According to the form in Appendix V of Decree 100);- Decision on the establishment of the organization in case such a decision exists;- Decision on the recognition of the organization’s construction laboratory or a framework contract for performing experimental work supporting construction surveys with a recognized specialized construction laboratory (for organizations applying for a construction survey capacity certificate);- Practicing certificates or declaration of practicing certificate codes in cases where such certificates are issued under the provisions of Construction Law 2014 for positions requiring practicing certificates; educational diplomas of individuals participating in work;- Capacity certificate previously issued by the competent authority in case of adjustment of the capacity certificate grade;- Corresponding qualification or professional training certificate of the technical staff (for organizations applying for a construction execution capacity certificate);- Contracts and completion acceptance records for typical works done as declared.- The accompanying documents in this case must be certified copies or files containing color photos from the originals or copies, with the originals presented for comparison.

Dossier for re-issuance of a capacity certificate includes:

- Application form for the capacity certificate (According to the form in Appendix V of Decree 100);- Certified copy or file containing color photos from the original or copy, with the original presented for comparison of the capacity certificate previously issued. In case the capacity certificate is lost, a commitment from the organization applying for re-issuance must be provided.

Dossier for adjusting, supplementing the contents of a capacity certificate includes:

- Application form for the capacity certificate (According to the form in Appendix V of Decree 100);- Documents related to the content requested for adjustment or supplementation.

For more details, refer to Decree 100/2018/ND-CP which came into effect from September 15, 2018.

-Thao Uyen-

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