Applications, procedures and authority to issue certificates of eligibility for performing construction experiments in Vietnam

Applications, procedures and authority to issue certificates of eligibility for performing construction experiments in Vietnam (Internet image) 

1. Cases eligible for issuance of certificates of eligibility for performing construction experiments in Vietnam

According to Article 6 of Decree 62/2016/ND-CP (amended by Clause 5, Article 8 of Decree 35/2023/ND-CP), a certificate of eligibility for performing construction experiments shall be issued to an entity in the following cases:

- A new certificate of eligibility for performing construction experiments shall be issued to the entity that has not been issued with such certificate or in case its certificate has expired but the organization performing construction experiments wishes to maintain operation;

- A certificate of eligibility for performing construction experiments shall be amended in case the organization performing construction experiments changes the location of the laboratory; or changes or modifies experiment criteria and standards in the Certificate of eligibility for performing construction experiments;

- A certificate of eligibility for performing construction experiments shall be amended in case the organization performing construction experiments changes its name and address in the Certificate of eligibility for performing construction experiments that has been issued;

- A certificate of eligibility for performing construction experiments shall be re-issued in case the certificate is still valid but it is lost or damaged, or its information is wrong, or the organization performing construction experiments wishes to stop fulfilling some criteria in the Certificate of eligibility for performing construction experiments.

2. Applications, procedures and authority to issue certificates of eligibility for performing construction experiments in Vietnam

Clause 2, 3, 4, and Clause 5, Article 6 of Decree 62/2016/ND-CP (amended by Clause 5, Article 8 of Decree 35/2023/ND-CP) stipulate the applications, procedures and authority to issue certificates of eligibility for performing construction experiments in Vietnam as follows:

* An application for new issuance, amendment or re-issuance of a certificate of eligibility for performing construction experiments includes:

- Registration form for issuance of the certificate according to Form 01 in Annex I enclosed with Decree 35/2023/ND-CP (in case of new issuance, re-issuance), or registration form for amendment to the certificate according to Form 02 in Annex I enclosed with Decree 35/2023/ND-CP (in case of requests for amendments);

Mẫu số 01

Mẫu số 02

- List of managers and experimenters accompanied by relevant diplomas and training certificates (for cases specified in Points a and b Clause 1 of Article 6 of Decree 62/2016/ND-CP);

- Documents proving qualifications of laboratory staff as prescribed in Point b, Clause 2, Article 5 of Decree 62/2016/ND-CP in conformity with each case of new issuance or amendment to the certificate specified in Points a and c Clause 1 of Article 6 of Decree 62/2016/ND-CP;

- Documents related to the changed contents in cases specified in Point c Clause 1 of Article 6 of Decree 62/2016/ND-CP (if any).

* Procedures for new issuance or amendment to a certificate of eligibility for performing construction experiments for cases specified in Points a and c Clause 1 of Article 6 of Decree 62/2016/ND-CP:

- The organization performing construction experiments shall submit an application in person or by post to the One-Stop Department of the Construction Department or submit it online on the administrative procedure information system of the Construction Department;

- Within 05 working days from the date of receipt of the application, if the application remains insufficient and ineligible, the Ministry of Construction shall instruct the applicant to make amendments for completion;

- Within 15 working days from the date of receipt of the application, if the application is sufficient and eligible, the Department of Construction shall conduct a site inspection; the inspectorate includes a representative of the Department of Construction and experts with relevant expertise and working experience of at least 05 years from the date of university graduation. Contents of a site inspection shall comply with regulations in Appendix IV issued together with Decree 35/2023/ND-CP.

Appendix IV

If the organization registering construction experiments must correct the contents specified in the written record of site inspection, within 30 days from the date of formulation of the written record, the organization registering construction experiments shall send a report on the correction results to the Construction Department. If it is required to extend the duration for correction to the contents, the organization registering construction experiments shall send a report to the Construction Department and clearly state the deadline for completion of correction to the above contents. However, the duration for correction shall not exceed 15 days from the expiration of the deadline;

- Within 05 working days since the written record of site inspection is issued and the correction results (if any) are satisfactory, the Department of Construction shall be responsible for issuing the certificate as prescribed in Appendix II enclosed with Decree 35/2023/ND-CP.

Appendix II

* Procedures for re-issuance or amendment to a certificate of eligibility for performing construction experiments for cases specified in Points c and d Clause 1 of Article 6 of Decree 62/2016/ND-CP:

- The organization performing construction experiments shall submit an application in person or by post to the One-Stop Department of the Construction Department or submit it online on the administrative procedure information system of the Construction Department;

- Within 05 working days from the date of receipt of the application, if the application remains insufficient and ineligible, the Ministry of Construction shall instruct the applicant to make amendments for completion;

- Within 05 working days from the date of receipt of the application, if the application is sufficient and eligible, the Department of Construction shall amend or re-issue the certificate of eligibility for performing construction experiments.

* Authority to issue, suspend and terminate certificates of eligibility for performing construction experiments

- The Construction Department shall issue the certificate of eligibility for performing construction experiments to the organization performing construction experiments in its province.

- An agency having authority to issue the Certificate of eligibility for performing construction experiments is an agency having authority to suspend or terminate the Certificate.

* In case of amendments to the Certificate of eligibility for performing construction experiments specified at Points b, c and d, Clause 1 of Article 6 of Decree 62/2016/ND-CP, the validity period shall be stated according to the Certificate that has been issued.

* The cost for assessment shall be covered by the organization registering construction experiments in accordance with law.

To Quoc Trinh

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