Application for certificate of eligibility for construction activities in Vietnam

Application for certificate of eligibility for construction activities in Vietnam (Internet image)

1. Application for certificate of eligibility for construction activities in Vietnam

An application for issuance of the eligibility certificate for the first time or adjustments to the eligibility certificate rank includes:

- An application form provided in form 04 of the Appendix IV of Decree 15/2021/ND-CP;

Application for issuance of the eligibility certificate

- An establishment decision (if any);

- A decision on recognition of construction laboratory of the organization or principal contract on cooperation in carrying out testing to serve construction with the recognized construction laboratory (applicable to the applicant for the certificate of eligibility for geotechnical engineering survey);

- A practicing certificate or declaration and self-determination of the practicing certificate rank, using form No. 05 of Appendix IV hereto or declaration of the practicing certificate code in case the practicing certificate is issued as prescribed by the Law on Construction 2014, applicable to the titles that require the practicing certificate; qualifications of individuals in charge;

- Eligibility certificate issued by a competent authority, in the case of applying for adjustments to the eligibility certificate rank;

- Contract and record on commissioning of completed typical tasks (for construction survey organizations, construction planning design organizations, construction design (assessment) organizations, construction project management consultancies, construction supervision consulting organizations of Rank I or Rank II);

- Contract and record on commissioning of completed work items, works or parts of works (in case of specialized construction) as done in conformity with the declaration (for Rank-I or Rank-II construction organizations);

- Documents specified in Points b, c, d, dd, e and g of Clause 1, Article 87 of Decree 15/2021/ND-CP must be certified true copies or e-copies with legal validity.

(Clause 1, Article 87 of Decree 15/2021/ND-CP)

2. The power to issue or revoke certificate of eligibility for construction activities in Vietnam

The power to issue or revoke certificate of eligibility for construction activities is specified in Clause 1, Article 86 of Decree 15/2021/ND-CP as follows:

- Construction authorities affiliated to the Ministry of Construction shall issue Rank-I eligibility certificates;

- Departments of Construction, socio-professional organizations shall issue Rank-II and Rank-III eligibility certificates.

3. Rights and obligations of organizations applying for eligibility certificates in Vietnam

- An organization applying for eligibility certificate has the following rights:

+ Request supply of information about the issuance of the practicing certificate;

+ Practice construction activities nationwide according to the contents specified on the eligibility certificate;

+ File complaints or whistleblowing reports against violations of law on issuance and use of the eligibility certificate.

- An organization applying for eligibility certificate has the following obligations:

+ Declare honestly in the application for the eligibility certificate as prescribed; take responsibility before law for the accuracy and legality of the documents in the application provided by them when applying for the certificate; pay fees as prescribed;

+ Practice in strict compliance with the fields and scope of activities stated on the issued eligibility certificate, comply with the law on construction and other relevant laws;

+ Maintain and ensure the organization's eligibility according to the issued eligibility certificate;

+ Not to erase or modify entries of the eligibility certificate;

+ The legal representative of the organization presents its eligibility certificate and complies with inspection and examination requirements at the request of competent authorities.

(Article 85 of Decree 15/2021/ND-CP)

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