05 New Points on Practicing Certificates for Construction Activities in Vietnam

Thuy Phu

09:26, 11/07/2024

Decree 100/2018/ND-CP has just been issued by the Government of Vietnam on July 16, 2018, officially effective from September 15, 2018. It introduces many new regulations on practicing certificates for construction activities as follows:

No practicing certificates, No Independent Practice in Vietnam

This new point is added to the regulation on practicing certificates for construction activities (Article 44 Decree 59/2015/ND-CP). It allows individuals without practicing certificates to participate in construction activities suitable for their trained field but NOT to practice independently and NOT to assume positions that require a practicing certificate.

Practicing certificates duration for foreigners in Vietnam depends on the validity of work permits

According to regulations, the practicing certificates is valid for a maximum of 05 years. For foreigners, the validity of the practicing certificates is determined by the period stated in the work permit or residence card, but it must not exceed 05 years.

Managing practicing certificates in Vietnam by code

According to regulations, the practicing certificates is managed through the practicing certificates number, which includes 02 groups of codes connected by a hyphen (-). Specifically:

First group: Has 03 characters indicating where the certificate was issued. For example, places of issuance are:

- Specialized construction agency under the Ministry of Construction, code: BXD;

- Hanoi Department of Construction, code: HAN;

- Ho Chi Minh City Department of Construction, code: HCM;

- Ba Ria - Vung Tau Department of Construction, code: BRV.

(More details can be found in Appendix VII attached to Decree 100.)

Second group: The practicing certificate number consists of 08 digits.

04 cases of issuance and 07 cases of revocation of practicing certificates in Vietnam

Decree 100 adds cases for issuance and revocation of practicing certificates for individuals as follows:

04 cases of issuance

07 cases of revocation

- Initial issuance of practicing certificates, upgrade of practicing certificates;

- Adjustment and addition of practicing certificates content;

- Re-issuance of practicing certificates due to loss, damage, or expiration of the old practicing certificates;

- Conversion of practice conditions for individuals under Clause 2, Article 44 Decree 59/2015/ND-CP.

- Failure to meet the conditions specified in Clause 1, Article 45 of Decree 59;

- Falsification of documents in the application dossier for issuance of practicing certificates;

- Leasing, lending, renting, borrowing, or allowing someone else to use the practicing certificates;

- Altering or erasing to change the content of the practicing certificates;

- practicing certificates containing errors made by the issuing authority;

- practicing certificates issued without proper authority;

- practicing certificates issued without meeting the competency conditions as prescribed.

Reduction in years of experience requirement for practicing certificates eligibility in Vietnam

Decree 100/2018/ND-CP loosens the general conditions for issuing practicing certificates for construction activities, thereby reducing the number of years of work experience required when issuing practicing certificates of Grade II and Grade III. To be specific:

Old regulation	New regulation
- Grade II: Possess a university degree in a relevant field, with work experience in the relevant job for at least 05 years; - Grade III: Possess suitable professional qualifications, with work experience in the relevant job for at least 03 years for those with a university degree; at least 05 years for those with a college or intermediate professional degree.	- Grade II: Possess a university degree in a relevant field, with work experience in the relevant job for at least 04 years; - Grade III: Possess suitable professional qualifications, with work experience in the relevant job for at least 02 years for those with a university degree; at least 03 years for those with a college or intermediate professional degree.

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