Procedures for granting and revoking certificates of construction activity capability in Vietnam from December 30, 2024

Procedures for granting and revoking certificates of construction activity capability in Vietnam from December 30, 2024​ (Image from Internet)

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

Procedures for granting and revoking certificates of construction activity capability in Vietnam from December 30, 2024

According to the provisions in Article 100 of Decree 175/2024/ND-CP, the procedures for granting and revoking certificates of construction activity capability in Vietnam are implemented as follows:

- For cases of granting capability certificates:

+ The organization submits 01 set of application dossiers for granting the capability certificate according to the provisions in Article 99 of Decree 175/2024/ND-CP to the competent authority for granting the capability certificate according to administrative procedure provisions in Clause 2, Article 7 of Decree 175/2024/ND-CP;

+ From the date of receipt of a valid dossier, the competent authority for granting capability certificates is responsible for issuing the capability certificate within 20 days for new certificate issuance; within 10 days for reissuance of a capability certificate. If the dossier is incomplete or invalid, the competent authority must notify in writing once to the applicant organization within 05 days from the date of receiving the application dossier.

- For cases of revoking capability certificates:

+ Within 10 days from the date of receiving an inspection or audit conclusion suggesting the revocation of a capability certificate or when discovering or having grounds to determine any of the revocation cases specified in Clause 2, Article 95 of Decree 175/2024/ND-CP, the competent authority issues a decision to revoke the capability certificate; if not, a written opinion must be sent to the agency, organization, or individual requesting the revocation;

+ The competent authority for revoking the certificate must send the revocation decision to the revoked organization and post it on its electronic information portal; simultaneously integrate it on the Ministry of Construction's electronic information portal within 05 days from the date of decision issuance;

+ The organization whose certificate is revoked must return the original capability certificate to the revoking authority within 05 days from the date of receiving the revocation decision;

+ In cases where the organization has its certificate revoked for non-compliance in a specific capability field according to point b, clause 2, Article 95 of Decree 175/2024/ND-CP, the authority decides to reissue the certificate for the remaining fields on the certificate previously issued within 05 days from the date of receiving the application for reissuance and the revoked certificate;

+ If the capability certificate is revoked due to errors made by the issuing authority, it is responsible for reissuing the certificate within 05 days from receipt of the revoked certificate;

+ If the organization fails to return the revoked certificate as required, the competent authority shall issue a decision to annul the capability certificate, send it to the organization, and post it on its electronic information portal; simultaneously send information for integration on the Ministry of Construction's electronic information portal.

More details can be found in the Decree 175/2024/ND-CP effective from December 30, 2024.

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