Circular No. 05/2010/TT-BXD guiding the training and upgrading of construction valuation business skills and issuing certificates for construction valuation engineers

CIRCULAR

Guidelines on training and professional development in construction valuation and issuing certificates for construction valuation engineers

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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Implementing Decision No. 293/QD-TTg dated February 5, 2013 on providing targeted support from the central budget for twenty-three districts with high poverty rates applying investment mechanisms and policies for infrastructure development according to the provisions of Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly reduce poverty in 62 poor districts;

The Ministry of Construction issues guidelines on training and professional development in construction valuation and issuing certificates for construction valuation engineers as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These guidelines regulate activities related to training and professional development in construction valuation and issuing certificates for construction valuation engineers according to the provisions of Government Decree No. 112/2009/NĐ-CP dated December 14, 2009, on managing construction project investment costs.

Article 2. Applicability

1. Organizations and individuals involved in training and professional development in construction valuation and issuing certificates for construction valuation engineers; state management agencies in construction.

2. Certificates for construction valuation engineers shall be issued to individuals who are Vietnamese citizens, overseas Vietnamese, or foreigners willing and meeting the conditions stipulated in Article 20 of Government Decree No. 112/2009/NĐ-CP dated December 14, 2009.

Chapter II

CONDITIONS FOR CAPACITY, REGISTRATION, REVIEW AND RECOGNITION OF TRAINING INSTITUTIONS FOR CONSTRUCTION VALUATION PROFESSIONAL DEVELOPMENT

Article 3. Conditions for recognition as a training institution

1. To be considered and recognized as a training institution for professional development in construction valuation, in addition to meeting all requirements as prescribed in Clause 1, Article 23 of Government Decree No. 112/2009/NĐ-CP dated December 14, 2009, training institutions must also meet the following specific conditions:

a) Physical facilities for training and professional development in construction valuation: ensuring classrooms with appropriate scale and amenities suitable for the number of trainees, and equipment and devices that meet teaching and learning requirements.

b) Teaching materials:

- The content of teaching materials compiled by the training institution for professional development in construction valuation must comply with the framework program as prescribed in Appendix No. 1 attached hereto;

- Teaching materials must bear the name of the training institution for professional development in construction valuation, printed and bound into volumes;

- There must be at least three sets of multiple-choice test questions for the training and professional development program in construction valuation.

c) Lecturers: lecturers participating in teaching must have a bachelor's degree or higher. A form for declaring the list and information about the lecturer team as prescribed in Appendix No. 2 attached hereto.

d) Training management:

- Having a management system capable of meeting professional and operational requirements to organize training courses; storing student records and relevant documentation related to training and professional development in construction valuation;

- Having a quality management and control process for training and professional development in construction valuation;

- Having a course coordinator with experience in organizing training or vocational training courses in fields related to construction activities.

Article 4. Registration Documents

1. Registration: training institutions that wish to conduct training and professional development in construction valuation and meet the conditions set forth in Article 3 of this Circular shall prepare registration documents to submit to the Ministry of Construction for consideration and recognition as a professional development training institution.

2. Contents of the registration documents

a) A request for recognition as a training institution for professional development in construction valuation, which should include relevant information about the training institution such as: legal representative, contact address, phone number, email, website.

b) Legal documents: copies of the Business Registration Certificate or Decision on Establishment for institutions without a Business Registration Certificate or Functional Regulations or scientific activity registration.

c) List of lecturers (with declarations regarding their professional qualifications and practical experience in their profession) accompanied by teaching contracts or labor contracts.

d) Teaching materials compiled by the training institution for professional development in construction valuation that comply with the framework program and must include at least three sets of multiple-choice test questions.

đ) Explanatory documents from the training institution demonstrating compliance with the conditions set forth in Article 3 of this Circular.

Article 5. Examination and Recognition of Training Institutions

1. Examination: The Ministry of Construction shall establish a Board to examine the registration dossier of training institutions. Prior to convening the Board, the Ministry of Construction may organize direct inspections of the capacity of the training institution according to the contents stipulated in Article 3 of this Circular.

2. Recognition: Based on the examination results, the Ministry of Construction decides to recognize training institutions that meet the conditions for organizing vocational training in construction valuation and publishes them on the Ministry of Construction's website.

Chapter III

ORGANIZATION OF TRAINING AND ISSUANCE OF CERTIFICATES FOR VOCATIONAL TRAINING IN CONSTRUCTION VALUATION

Article 6. Organization of Vocational Training in Construction Valuation

1. Training institutions shall implement regulations on the organization of vocational training as follows:

a) Announce enrollment, requirements for students, course program and content, duration, location, fees, and other necessary information.

b) Seven (07) days before the commencement of each training course, the training institution must send a notification letter to the Construction Department where the course is expected to be held regarding the location, time, number of students, and participating lecturers. In case of changes to the plan, the training institution must promptly notify the Construction Department where the course is expected to be held.

c) Disseminate internal rules and regulations of the course and provide all course materials to students on the first day of the course.

d) Organize teaching and learning according to the program ensuring content and duration of not less than fifty-six (56) class hours for each training course; ensure that lecturers attend classes as registered; organize monitoring of student study time.

đ) Organize examinations, assessments, and grading, classify learning outcomes to issue certificates to students.

e) Solicit feedback from students about the course.

g) Send the Decision on Issuing Certificates and the list of students who received certificates, report on the implementation of any changes in the plan (if any) to the Construction Department where the course was held within seven (7) days from the end of the course.

2. Vocational training courses in construction valuation must be organized in a concentrated manner; ensuring sufficient time and content as prescribed in the framework program. Encourage training institutions to expand the content of each topic and add advanced topics to the course. The number of students in one class should not exceed one hundred and fifty (150) to ensure the quality of teaching and learning.

3. In cases where students have certificates from other vocational training programs, they are exempted from attending topics already studied in those programs provided that the content and duration are equivalent to the provisions of this Circular. The training institution shall check and retain copies of the certificates of students and bear responsibility for the decision to exempt students from these topics.

4. The level of tuition fees and management and use of tuition fees shall be decided by the training institution based on ensuring reasonable compensation for the costs of the course.

Article 7. Examination Board for Learning Outcomes and Issuance of Certificates

The heads of training institutions shall decide to establish an Examination Board for Learning Outcomes, promulgate the Operation Regulations of the Board to manage the organization of vocational training, assessment of final examination results, classification, and issuance of certificates for vocational training in construction valuation for students.

Article 8. Issuing Training Certificates for Construction Valuation Business Skills

1. Trainees participating in training courses to improve construction valuation business skills must ensure the stipulated study period and achieve satisfactory results as assessed by the Evaluation Board to be eligible for issuance of a construction valuation business skills improvement certificate. The training institution must maintain a record book to track and manage the issuance of construction valuation business skills improvement certificates for their unit.

2. The training institution is responsible for printing and managing the construction valuation business skills improvement certificates. The content, format, and specifications of the construction valuation business skills improvement certificates shall follow the model prescribed in Appendix 3 issued together with this Circular.

Article 9. Reissuing Training Certificates for Construction Valuation Business Skills

1. Individuals who have been issued a construction valuation business skills improvement certificate may request the training institution to reissue the certificate in cases where the certificate is torn, damaged, or lost.

2. Individuals requesting a reissued construction valuation business skills improvement certificate must submit an application form along with a photograph to the training institution and pay the required fee to the training institution as prescribed.

3. The training institution that initially issued the construction valuation business skills improvement certificate to trainees must base on the original file to issue a new certificate. The content of the reissued certificate must match the original certificate.

Article 10. Training to Improve Management Cost Control and Investment Policy Mechanism Business Skills

1. Purpose: To enhance knowledge for individuals who already hold a Level 2 Construction Appraiser Certificate and to meet the requirements for applying for a Level 1 Construction Appraiser Certificate.

2. Training Institution Requirements: In addition to meeting the capacity conditions specified in Article 3 of this Circular, the training institution must also satisfy the following conditions:

a) Teaching Materials: Must have teaching materials suitable for the framework program as prescribed in Appendix 10 issued together with this Circular.

b) Lecturers: Must have at least three lecturers who are Level 1 Construction Appraisers and have participated in teaching construction valuation business skills training programs.

c) Duration of Training: Not less than 14 hours.

3. Training Organization: The training institution providing advanced training in management cost control and investment policy mechanism business skills shall implement regulations concerning training organization, assessment of learning outcomes, and issuance and reissuance of advanced business skills improvement certificates as prescribed in Articles 6, 7, 8, and 9 of this Circular.

4. Certificate: The training certificate for advanced training in management cost control and investment policy mechanism business skills shall follow the model prescribed in Appendix 11 issued together with this Circular.

Article 11. Archiving Records

The training institution is responsible for establishing and storing records after each course for at least five years to serve state agencies' inspection work and the reissuance of certificates to trainees, including:

1. List and enrollment files of trainees, decisions and lists of trainees awarded certificates (name, date of birth, profession, academic qualifications, contact address, place of residence) for each course, examination scores confirmed by the training institution.

2. List of lecturers participating in teaching for each course including: name, date of birth, profession, academic qualifications, contact address, workplace.

3. Original registration and management books for issuing training certificates for construction valuation business skills improvement and advanced training in management cost control and investment policy mechanism business skills.

Chapter IV

ORGANIZATION OF ISSUING CONSTRUCTION APPRAISER CERTIFICATES

Article 12. Construction Cost Estimation Engineer Certificate

1. The Construction Cost Estimation Engineer Certificate includes the following main contents:

a) The certificate number and issuance instance.

b) Personal information of the certificate holder.

c) Professional training level.

d) Grade of Construction Cost Estimation Engineer.

đ) Responsibilities of the certificate holder.

2. The Construction Cost Estimation Engineer Certificate model is prescribed in Appendix 4 attached to this Circular. The Construction Cost Estimation Engineer Certificate has dimensions of 85 mm x 125 mm, with a dark blue hard cover and two white inner pages.

3. The numbering of certificates and issuance instances for Construction Cost Estimation Engineers is as follows:

a) The certificate number consists of two groups of numbers:

- The first group of numbers: according to the local area's telephone code (province, centrally governed city);

- The second group of numbers: the certificate serial number consisting of four digits.

The two groups of numbers are connected by a hyphen (-).

b) Issuance instance of the Construction Cost Estimation Engineer Certificate:

- First issuance: marked as first issuance;

- Reissuance: marked according to the reissuance number.

Article 13. Procedures and Formalities for Issuing the Construction Cost Estimation Engineer Certificate

1. The applicant for the Construction Cost Estimation Engineer Certificate submits one set of application documents as prescribed in Article 14 of this Circular to the Department of Construction where the certificate is registered.

2. The Department of Construction receives and examines the application documents, requesting additional documents if they are incomplete or invalid.

3. Within a maximum period of ten working days from the date of receiving complete and valid documents, the Department of Construction will issue the Construction Cost Estimation Engineer Certificate in accordance with the provisions of this Circular.

4. The collection and use of fees for issuing the Construction Cost Estimation Engineer Certificate shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 14. Application Documents for Issuing and Upgrading the Construction Cost Estimation Engineer Certificate

1. Application documents for issuing a grade 2 Construction Cost Estimation Engineer Certificate include:

a) An application form for the Construction Cost Estimation Engineer Certificate as prescribed in Appendix 5 attached to this Circular.

b) Two color photographs measuring 3x4 inches taken within six months prior to the date of application.

c) Certified copies (or copies if original documents are available for comparison) of academic diplomas, certificates of training in construction cost estimation, identity cards, or passports of the applicant.

d) A statement of professional work experience related to construction cost management consulting activities as prescribed in Appendix 6 attached to this Circular, confirmed by the directly managing agency or the project sponsor.

2. Application documents for upgrading the Construction Cost Estimation Engineer from grade 2 to grade 1 include:

a) An application form for upgrading the Construction Cost Estimation Engineer as prescribed in Appendix 7 attached to this Circular.

b) Two color photographs measuring 3x4 inches taken within six months prior to the date of application for upgrading.

c) Certified copy of the grade 2 Construction Cost Estimation Engineer Certificate (except in cases stipulated in Clause 3, Article 20 of Decree 112/2009/NĐ-CP dated December 14, 2009 of the Government).

d) Proof of participation in a course for enhancing skills in construction cost management and investment policies.

đ) A statement of professional work experience related to construction cost management consulting activities since obtaining the grade 2 Construction Cost Estimation Engineer Certificate as prescribed in Appendix 6 attached to this Circular, confirmed by the directly managing agency or the project sponsor.

3. Application documents for issuing a grade 1 Construction Cost Estimation Engineer Certificate without having a grade 2 Construction Cost Estimation Engineer Certificate (for cases meeting the provisions of Clause 3, Article 20 of Decree 112/2009/NĐ-CP dated December 14, 2009 of the Government) include the documents as prescribed in Clause 1 of Article 14 of this Circular.

Article 15. Reissuing the Construction Cost Estimation Engineer Certificate

1. The Construction Cost Estimation Engineer Certificate shall be reissued in cases where the certificate is torn, damaged, or lost.

2. Conditions for reissuing the Construction Cost Estimation Engineer Certificate:

a) Submitting an application for reissuing the Construction Cost Estimation Engineer Certificate according to the form prescribed in Appendix 12 attached hereto;

b) The old certificate in cases of tearing or damage.

c) Paying the prescribed fee.

3. Procedures for reissuing the certificate:

a) The applicant submits the application file in accordance with the conditions stipulated in Clause 2 of this Article. The issuing authority examines and reissues the Construction Cost Estimation Engineer Certificate to individuals meeting the prescribed conditions. The reissuance period is within ten working days from the date of receipt of complete and valid files.

b) The content of the reissued certificate must be identical to that of the old certificate.

Article 16. Rights and Obligations of Holders of the Construction Cost Estimation Engineer Certificate

1. The holder of the Construction Cost Estimation Engineer Certificate has the following rights:

a) To perform consultancy services for construction cost management in accordance with the level of the Construction Cost Estimation Engineer Certificate obtained.

b) To sign the main document in the product files of consultancy services for construction cost management.

c) To exercise other rights as prescribed by law.

2. The holder of the Construction Cost Estimation Engineer Certificate has the following obligations:

a) To bear responsibility before the employer, the investor, and the law for the results of activities under consultancy contracts for construction cost management.

b) To conduct consultancy services for construction cost management in accordance with the level of the Construction Cost Estimation Engineer Certificate obtained.

c) Not to lease or lend the certificate to others for practice.

d) Not to erase or alter the certificate without authorization.

đ) Not to violate professional ethics requirements.

e) To provide information annually to the Department of Construction where consultancy activities take place regarding related consultancy services for construction cost management after obtaining the certificate. The content of the provided information follows the form prescribed in Appendix 8 attached hereto.

g) To present the certificate and comply with inspection and examination requests when required by competent authorities.

3. For individuals who have not yet obtained training certificates in construction cost estimation or Construction Cost Estimation Engineer Certificates, they may participate in consultancy services for construction cost management but are not allowed to sign the main document in the product files of such activities.

Chapter V

MANAGEMENT REGIME, REPORTING, INSPECTION AND VIOLATION HANDLING

Article 17. Management of Training and Issuance of the Construction Cost Estimation Engineer Certificate

1. Ministry of Construction:

a) Uniformly managing state activities on training and supplementary training in construction cost estimation, advanced training in cost management, investment policies, and issuance of the Construction Cost Estimation Engineer Certificate.

b) Inspecting and supervising compliance with regulations on training and supplementary training in construction cost estimation, advanced training in cost management, investment policies, and issuance of the Construction Cost Estimation Engineer Certificate.

c) Handling violations within their jurisdiction in training and supplementary training in construction cost estimation, advanced training in cost management, investment policies, and issuance of the Construction Cost Estimation Engineer Certificate.

2. Departments of Construction:

a) Inspecting and supervising training and supplementary training in construction cost estimation, advanced training in cost management, and investment policies at training institutions within their jurisdiction.

b) Providing information to relevant parties about the issuance of the Construction Cost Estimation Engineer Certificate.

c) Accepting applications for the issuance of the Construction Cost Estimation Engineer Certificate and issuing the certificate to individuals meeting the prescribed conditions.

d) Resolving complaints and denunciations within their jurisdiction.

đ) Retaining files in accordance with current regulations.

e) Revoking certificates and handling violations of individuals holding certificates during participation in consultancy services for construction cost management within their jurisdiction or referring them to competent authorities for handling.

Article 18. Handling violations

1. Forms of Violation by Training Institutions: leasing or lending legal status; shortening program duration, not organizing examinations for students; lecturers failing to meet prescribed requirements; not publicly announcing necessary contents for students when recruiting; lacking management procedures; not establishing a grading committee; not notifying the Department of Construction before organizing courses; not sending certification decisions and lists of certified students to the Department of Construction; not submitting regular reports to the Department of Construction and the Ministry of Construction; not retaining student files after courses; violating other provisions of this Circular.

2. Handling Violations by Training Institutions: Depending on the severity of the violation, training institutions may be subject to the following measures: warning, rectifying consequences of the violation, compensating losses, temporary suspension, revocation of recognition decisions for a limited or permanent period. The heads of training institutions and related individuals may be subject to disciplinary action, administrative penalties, compensation for losses, or criminal prosecution depending on the severity of the violation as prescribed by law.

3. Handling Violations Regarding the Issuance of the Construction Cost Estimation Engineer Certificate

a) The holder of the Construction Cost Estimation Engineer Certificate will have their certificate revoked if they commit any of the following violations:

- Erasing, altering, lending, or renting out the certificate;

- Violating professional ethics;

- Not engaging in consultancy services for construction cost management for three consecutive years.

b) Organizations and individuals related to the issuance of the Construction Cost Estimation Engineer Certificate, if they violate the provisions of this Circular, may, in addition to being handled according to the provisions of this Circular, be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation as prescribed by law.

4. Authority to Handle Violations:

a) The Ministry of Construction has the authority:

- The Decision shall require the correction of violations, temporary suspension, revocation for a limited period or permanently of the Decision recognizing the training institution; notify on the Ministry of Construction's electronic information website regarding the violations of the training institution;

- Revoke the Decision recognizing the qualification to organize training courses on construction valuation business if the training institution cannot organize any training course on construction valuation business within twenty-four months from the date of signing the recognition Decision.

b) The Construction Department has the authority:

- To issue a written warning for violations of the training institution in the locality and report to the Ministry of Construction;

- To declare invalid the certificate of training on construction valuation business, training on improving cost management and investment policy construction business for individuals if violations by the training institution in issuing certificates are discovered, or to recommend other forms of handling violations and report to the Ministry of Construction;

- To revoke certificates, handle according to its authority or propose competent authorities to handle violations in construction investment cost management consulting activities.

Article 19. Reporting System

1. Every six months, the training institution must submit a written report on the training results including the following contents: training courses; number and list of participants (name, year of birth, place of residence, ...) who have been issued a Certificate of Completion of Training Course to the Construction Department where the main office is located and where the training is organized.

2. Annually, the training institution must submit a written report and through the Ministry of Construction's electronic information website (Website) including: the number of training courses and the number of participants, or submit an ad hoc report upon request of the Ministry of Construction.

3. Annually, the Construction Department must submit a written report and through the Ministry of Construction's electronic information website (Website) on the results of issuing and revoking construction valuation engineer certificates, results of declaring invalid training certificates, or submit an ad hoc report upon request of the Ministry of Construction.

4. The Information Center of the Ministry of Construction is responsible for updating the list of recognized training institutions for training and improving construction valuation business, training and improving cost management and investment policy construction business, information about the training institution and individuals who violate to publish on the Ministry of Construction's electronic information website.

Chapter VI

IMPLEMENTATION

Article 20. Transitional Provisions

1. Training institutions for construction valuation business that have been recognized by the Ministry of Construction before this Circular takes effect shall continue to organize training and improving construction valuation business, but must complete and supplement the conditions as prescribed in this Circular and report to the Ministry of Construction within sixty days from the effective date of this Circular.

2. Training courses on construction valuation business that are being conducted before the effective date of this Circular shall continue to use the training program as stipulated in Decision No. 01/2008/QĐ-BXD dated February 1, 2008 and document No. 734/BXD-VP dated April 21, 2008 of the Ministry of Construction on announcing the framework training program for construction valuation business.

3. Training courses on construction valuation business implemented after the effective date of this Circular shall use the training program as prescribed in this Circular.

4. Certificates of training and improving construction valuation business issued by training institutions before the effective date of this Circular remain valid.

5. Construction valuation engineer certificates issued before the effective date of this Circular remain valid.

6. Issuance of construction valuation engineer certificates for applications submitted before the effective date of this Circular shall be carried out according to the regulations prior to the effective date of this Circular. For applications submitted after the effective date of this Circular, issuance of certificates shall be carried out according to the provisions of this Circular.

Article 21. Implementation clause

1. This Circular shall take effect from July 15, 2010 and replace the following documents:

a) Decision No. 01/2008/QĐ-BXD dated February 1, 2008 of the Minister of Construction promulgating the Framework Training Program for Improving Construction Valuation Business.

b) Document No. 734/BXD-VP dated April 21, 2008 of the Ministry of Construction on announcing the basic contents of the Training Material for Improving Construction Valuation Business.

c) Decision No. 06/2008/QĐ-BXD dated April 18, 2008 of the Minister of Construction promulgating the Regulation on Issuing Construction Valuation Engineer Certificates.

d) Decision No. 905/QĐ-BXD dated July 14, 2008 of the Minister of Construction on amending Decision No. 01/2008/QĐ-BXD dated February 1, 2008 promulgating the Framework Training Program for Improving Construction Valuation Business and Decision No. 06/2008/QĐ-BXD dated April 18, 2008 of the Minister of Construction promulgating the Regulation on Issuing Construction Valuation Engineer Certificates.

đ) Decision No. 17/2008/QĐ-BXD dated December 31, 2008 of the Minister of Construction on amending and supplementing the basic contents of the training material for improving construction valuation business promulgated together with Decision No. 01/2008/QĐ-BXD dated February 1, 2008 and the Regulation on Issuing Construction Valuation Engineer Certificates promulgated together with Decision No. 06/2008/QĐ-BXD dated April 18, 2008 of the Minister of Construction.

2. During the implementation process, if there are difficulties, organizations and individuals shall send their opinions to the Ministry of Construction for consideration and resolution./.