Procedures for issuance and revocation of construction practicing certificate in Vietnam

Procedures for issuance and revocation of construction practicing certificate in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of issuance and revocationl of construction practicing certificate in Vietnam

According to Clauses 1 and 2, Article 63 of Decree 15/2021/ND-CP stipulating the case of grant and revocation of construction practice certificates as follows:

* The construction practicing certificate shall be issued to:

- Any individual applying for the practicing certificate for the first time or adjusting his/her practicing certificate rank;

- Any individual applying for renewal of the practicing certificate;

- Any individual applying for adjustments or amendments to eligibility certificate;

- Any individual applying for reissuance of the practicing certificate in case the old unexpired certificate is lost or damaged or misstated; or

- The individuals mentioned in Clause 2 Article 62 of Decree 15/2021/ND-CP who wish to convert his/her practicing certificate.

* An individual whose practicing certificate shall be revoked in one of the following cases:

- The individual no longer satisfies the conditions specified in Clause 1 Article 66 of Decree 15/2021/ND-CP;

- The application for issuance of the practicing certificate contains counterfeit documents;

- The holder of the practicing certificate rents it, lends it, leases it, borrows it or allows another person to use it;

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

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

- The practicing certificate is issued ultra vires;

- The practicing certificate is issued in the case of failure to meet eligibility requirements as prescribed.

2. Procedures for issuance and revocation of construction practicing certificate in Vietnam

Procedures for issuance and revocation of construction practicing certificate according to Article 80 of Decree 15/2021/ND-CP are as follows:

* Regarding issuance of the construction practicing certificate in Vietnam:

- The applicant shall submit an application form for issuance of the practicing certificate prescribed in Article 76 of Decree 15/2021/ND-CP, electronically or by post or in person, to the issuing authority;

- From the date on which the satisfactory application is received, the issuing authority shall issue the construction practicing certificate within 20 days in the case of issuance of the certificate for the first time, upgrade, adjustments or amendments to the certificate, within 10 days in the case of reissuance of the certificate, and within 25 days in the case of conversion of the 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;

- For individuals submitting the application for issuance of construction practicing certificate but having not obtained test results, the processing time prescribed in point b clause 1 hereof shall begin from time when the test results are given.

* Regarding revocation of the construction practicing certificate in Vietnam

- 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 individual is mentioned in one of the cases specified in Clause 2 Article 63 of Decree 15/2021/ND-CP, the revoking authority shall issue a decision on revocation of the practicing 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, provide information thereof to the Ministry of Construction for integration into its website within 05 days from the issuance date of the decision;

- The individual whose construction practicing 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 practicing certificate is incorrect because of the issuing authority, the revoking authority shall reissue the practicing certificate within 05 days from the receipt of the revoked practicing certificate;

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

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