Procedures for issuance and revocation of certificate of eligibility for construction activities in Vietnam

Cases of issuance, revocation, renewal of certificate of eligibility for construction activities in Vietnam

Pursuant to Article 84 of Decree 15/2021/ND-CP and Point a Clause 27 Article 12 of Decree 35/2023/ND-CP, cases of issuance, revocation, renewal of certificate of eligibility for construction activities in Vietnam as follows:

(1) A certificate of eligibility for construction activities is issued to:

-  Any organization applying for the eligibility certificate for the first time  (including in cases where the practicing certificate is issued for the first time and the construction is added to the certificate) or adjusting its eligibility certificate rank;

- Any organization applying for adjustments or amendments to its eligibility certificate; or

- Any organization applying for reissuance of an unexpired eligibility certificate in case it is lost or damaged or misstated;

- Any organization applying for renewal of eligibility certificate.

(2) The eligibility certificate shall be revoked in one of the following cases:

- The organization issued with the eligibility certificate shuts down its construction activities, dissolves or goes bankrupt;

- The organization no longer satisfies all eligibility requirements for construction activities as prescribed;

- The application for the issuance or reissuance of the eligibility certificate contains counterfeit documents;

- The organization allows another organization or individual to use its eligibility certificate;

- Contents of the eligibility certificate are corrected, erased or falsified;

- The eligibility certificate is issued ultra vires;

- The eligibility certificate is misstated at the fault of the issuing authority;

- The eligibility certificate is issued in the organization fails to meet all eligibility requirements.

Procedure for issuance, revocation, renewal of certificate of eligibility for construction activities in Vietnam (Internet image)

Procedure for issuance, revocation, renewal of certificate of eligibility for construction activities in Vietnam

Pursuant to Clause 1, Article 90 of Decree 15/2021/ND-CP and Clause 31, Article 12 of Decree 35/2023/ND-CP, the procedure for issuance, revocation, renewal of certificate of eligibility for construction activities in Vietnam is as follows:

- The applicant shall submit an application form for issuance of the eligibility certificate prescribed in Article 87 of Decree 15/2021/ND-CP, electronically or by post or in person, to the issuing authority;

- From the date on which the satisfactory is received, the issuing authority shall issue the eligibility certificate within 20 days in the case of issuance of the certificate for the first time, adjustments to the rank of, adjustments or amendments to the eligibility certificate, and within 10 days in the case of reissuance of the eligibility certificate. In the case the application is unsatisfactory, the issuing authority shall notify the applicant in writing once within 05 days from the date on which the application is received.

Procedure for revocation of the eligibility certificate in Vietnam

Pursuant to Clause 2, Article 90 of Decree 15/2021/ND-CP, the procedure for revocation of the eligibility certificate are as follows:

- Within 10 days from the date on which the inspection conclusion, including a proposal for revocation of the practicing certificate, is received or it is discovered or there are grounds to believe that the organization is mentioned in one of the cases specified in Clause 2 Article 84 of Decree 15/2021/ND-CP, the revoking authority shall issue a decision on revocation of the eligibility certificate. In case of failure to revoke it, written explanation shall be provided to the organization or individual that makes the revocation proposal;

- The revoking authority shall send the revocation decision to the individual and publish it on its website, and provide information thereof to the Ministry of Construction for integration into its website within 05 days from the issuance date of the decision;

- The organization whose eligibility certificate is revoked shall return the original of such certificate to the authority that issues the revocation decision within 05 days from the receipt of the revocation decision;

- In the cases where the eligibility certificate is misstated at the fault of the issuing authority, the revoking authority shall reissue the eligibility certificate within 05 days from the receipt of the revoked eligibility certificate;

- In case the organization whose eligibility certificate must be revoked fails to return the eligibility certificate as prescribed, the competent authority that issues the revocation decision shall send him/her a decision to pronounce cancellation of the eligibility certificate and publish it on its website and provide information thereof to the Ministry of Construction for integration into its website.

Mai Thanh Loi

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