General conditions for granting licenses for construction activities in Vietnam from December 30, 2024

General conditions for granting licenses for construction activities in Vietnam from December 30, 2024​ (Image from the Internet)

General conditions for granting licenses for construction activities in Vietnam from December 30, 2024

According to Article 79 of Decree 175/2024/ND-CP, individuals are granted practicing certificates when they meet the following general conditions:

- Possess full civil act capacity according to legal regulations; have documents related to residence or a work permit in Vietnam for foreigners and Vietnamese residing overseas.

- Have appropriate professional qualifications as stipulated in Appendix VI of Decree 175/2024/ND-CP, suitable work experience for the content of the proposed practicing certificate as follows:

+ Rank I: Hold a university degree in an appropriate major or specialized training, with suitable work experience in line with the content of the proposed practicing certificate for 07 years or more;

+ Rank II: Hold a university degree in an appropriate major or specialized training, with suitable work experience in line with the content of the proposed practicing certificate for 04 years or more;

+ Rank III: Have an appropriate major or specialized training, with suitable work experience in line with the content of the proposed practicing certificate for 02 years or more for individuals with a university degree; 03 years or more for individuals with an associate degree.

- Possess professional experience suitable to the rank and field of the proposed practicing certificate within the last 10 years up to the time of applying for the practicing certificate. If professional experience suitable but beyond 10 years is used, a lower rank of practicing certificate may be proposed at a competent authority as regulated in Article 77 of Decree 175/2024/ND-CP.

- Achieve satisfactory examination results suitable to the rank and field of the proposed practicing certificate in the case of issuing a new practicing certificate as regulated at points a, d clause 1 Article 75 of Decree 175/2024/ND-CP.

- The suitable work experience specified in clause 2 of Article 79 of Decree 175/2024/ND-CP is calculated from the time the individual participates in construction activities as evidenced in the application for granting/converting a practicing certificate, labor contract, employer confirmation, social insurance, or equivalent documents.

Rights and obligations of individuals applying for construction practice certificates in Vietnam

Article 78 of Decree 175/2024/ND-CP stipulates the rights and obligations of individuals applying for construction practice certificates as follows:

- Individuals applying for a practice certificate have the following rights:

+ Request the provision of information about the granting of the practice certificate;

+ Practice construction activities nationwide according to the content listed on the practice certificate;

+ Lodge complaints and denunciations against acts violating legal regulations on the granting of practice certificates.

- Individuals applying for a practice certificate have the following obligations:

+ Honestly declare the practice certificate application dossier according to the regulations of this Decree; be legally responsible for the content declared in the dossier; provide information when requested by competent authorities;

+ Practice according to the content listed on the practice certificate, comply with construction laws and other relevant laws;

+ Not allow others to rent, borrow, or use the practice certificate;

+ Not tamper with or alter the practice certificate;

+ Adhere to professional ethics;

+ Present the practice certificate and comply with inspection and supervision requests when asked by competent authorities.

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