Procedures for the Issuance and Revocation of the Latest Certificate of Eligibility for Construction Activities in Vietnam

Procedures for the Issuance and Revocation of the Latest Certificate of Eligibility for Construction Activities in Vietnam​ (Image from Internet)

1. Cases of Revocation of Certificate of Eligibility for Construction Activities in Vietnam

According to Clause 2, Article 84 Decree No. 15/2021/ND-CP, a certificate of eligibility for construction activities is revoked in one of the following cases:

- The organization granted a certificate ceases its construction activities, dissolves, or goes bankrupt;

- No longer meeting the required conditions for eligibility for construction activities;

- Forging documents in the dossier for granting or re-granting a capacity certificate;

- Allowing another organization or individual to use the capacity certificate;

- Altering or erasing to falsify the content of the capacity certificate;

- Certificate granted without authority;

- Certificate erroneous due to the issuing authority's mistake;

- Certificate granted when not meeting the capacity conditions as prescribed.

2. Procedures for the Issuance and Revocation of the Latest Certificate of Eligibility for Construction Activities in Vietnam

According to Article 90 Decree No. 15/2021/ND-CP (amended by Clause 31, Article 12 Decree No. 15/2021/ND-CP), the procedures for granting and revoking certificates of eligibility for construction activities are as follows:

* For granting a certificate:

- The organization submits 01 dossier for granting a certificate as prescribed in Article 87 Decree No. 15/2021/ND-CP via online, by post, or directly at the competent authority issuing the certificate;

- From the date of receiving the complete and valid dossier, the competent authority granting the certificate is responsible for granting the certificate within 20 days for the first issuance, rank adjustment, adjustment, supplement, or renewal of the certificate; within 10 days for reissuing the capacity certificate. In case the dossier is incomplete or invalid, the competent authority must notify once in writing to the organization applying for the certificate within 05 working days from the date of receiving the application dossier for the certificate.

* For revoking a certificate:

- Within 10 days from the date of receiving an inspection or examination conclusion recommending the revocation of the certificate, or upon detecting or having grounds to identify one of the cases for revocation of the certificate as stipulated in Clause 2, Article 84 Decree No. 15/2021/ND-CP, the competent authority issues a decision to revoke the certificate; in case of non-revocation, written opinions must be provided to the organization or individual recommending the revocation;

- The competent authority revoking the certificate is responsible for sending the revocation decision to the revoked organization and posting it on its official website; simultaneously sending the information to be integrated on the website of the Ministry of Construction within 05 working days from the date of issuance of the decision;

- The organization whose certificate has been revoked must submit the original certificate to the issuing authority within 05 working days from the date of receiving the revocation decision;

- For revoking a certificate due to errors by the issuing authority, the competent authority must reissue the certificate within 05 working days from the date of receiving the revoked certificate;

- In case the organization whose certificate has been revoked does not submit the certificate as required, the competent authority issuing the revocation decision declares the certificate void, notifies the organization in question, and posts the information on its official website; simultaneously sending the information to be integrated on the website of the Ministry of Construction.

To Quoc Trinh

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