To prevent the use of fake certificates to validate construction certificate issuance procedures in Vietnam

To prevent the use of fake certificates to validate construction certificate issuance procedures in Vietnam (Internet image)

To prevent the use of fake certificates to validate construction certificate issuance procedures in Vietnam

On May 29, 2023, the Minister of Construction of Vietnam issued Directive 04/CT-BXD on strengthening the review and rectification of the consideration and granting of construction practice certificates.

The implementation of the Law on Construction 2014, the Law amending a number of articles of the Law on Construction in 2020, and the consideration of granting practice certificates and construction performance certificates have gradually come into order.

However, in the past, the Ministry of Construction had received many feedbacks and recommendations from individuals and organizations about difficulties and problems when submitting dossiers of application for consideration for the issuance of practice certificates or capacity certificates at competent certificate-issuing agencies.

Therefore, the Minister of Construction requested that the Department of Construction of the provinces and cities directly under the Central Government and recognized socio-professional organizations that are eligible for granting practice certificates or construction activity capacity certificates perform a number of the following tasks:

- Actively reviewing and correcting the receipt of dossiers, consider granting practice certificates and construction operation capacity certificates;

Implementing the certification process to ensure publicity, transparency, and convenience for individuals and organizations to carry out administrative procedures;

Collecting fees for the issuance of certificates according to regulations;

Preventing acts of violating public service ethics such as harassing, causing troubles, and being negative while receiving dossiers and considering granting certificates;

Strengthening control, timely detecting prohibited acts such as using invalid documents, diplomas, and certificates that are not in accordance with their capacity to qualify for certification procedures;

In case there are enough grounds to identify forged papers to apply for a certificate, they shall notify the competent agencies and handle them according to regulations.

- Reviewing and posting full information on the capacity of construction activities of certificated individuals and organizations on the website under their management and integrating the information on the website of the Ministry of Construction "https://nangluchdxd.gov.vn" (sending the required content on the system through the transferred account, operating instructions to the competent authorities to issue certificates) for management and research.

At the same time, strengthen the dissemination and guidance of individuals and organizations to look up information on construction capacity on these websites; Avoid accessing Fake Information Sites that provide inaccurate information.

- Stepping up the application of information technology in handling administrative procedures for the grant of practice certificates and construction operation capacity certificates; strengthening the dissemination and encouragement of individuals and organizations to carry out level 4 administrative procedures for procedures eligible for implementation as prescribed.

- For socio-professional organizations that are recognized to be eligible for granting practice certificates and construction operation capacity certificates, consider and issue certificates according to their competence, right subjects, and construction activities within the recognized scope; proactively review and handle violations; and report handling results to the Ministry of Construction (if any).

Conditions to be granted a construction practice certificate in Vietnam

According to Clause 2, Article 149 of the Law on Construction 2014, to be granted a construction practice certificate, an individual must meet the following conditions:

- Possessing professional qualifications relevant to the content of application for a practice certificate;

- Having a working period and experience relevant to the content of application for a practice certificate;

- Having passed a test on professional experience and legal knowledge related to the field of practice.

Competence to hold tests and grant construction practice certificates in Vietnam

According to Clause 3, Article 149 of the Law on Construction 2014, the competence to hold tests and grant construction practice certificates is prescribed as follows:

- Specialized agencies of the Ministry of Construction are competent to hold tests and grant class-I construction practice certificates;

- Provincial-level Construction Departments and socio-professional organizations that have all the conditions prescribed by the Government are competent to hold tests and grant construction practice certificates of the remaining classes.

Nguyen Ngoc Que Anh

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