Pursuant to …;

Regarding the issuance of the Regulation on Issuing Construction Cost Estimation Engineer Certificates

THE MINISTER OF CONSTRUCTION

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;

Pursuant to Decree No. 99/2007/NĐ-CP dated June 13, 2007 of the Government on construction investment cost management;

Considering the proposal of the Director of the Economic Construction Department and the Director of the Institute of Economic Construction.

Pursuant to …;

Article 1. The attached Decision promulgates the "Regulation on Issuing Construction Cost Estimation Engineer Certificates".

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette.

Article 3. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Decision.

REGULATION ON ISSUING CONSTRUCTION COST ESTIMATION ENGINEER CERTIFICATES

(Attached to Decision No.: 06/2008/QĐ-BXD dated April 18, 2008 of the Minister of Construction)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Regulation stipulates the issuance of construction cost estimation engineer certificates in accordance with Article 18 of Decree No. 99/2007/NĐ-CP dated June 13, 2007 of the Government on construction investment cost management.

2. The construction cost estimation engineer certificate issued in accordance with this Regulation serves as the basis for individuals and organizations to carry out consultancy activities related to construction investment cost management.

Article 2. Scope of Application

1. The construction cost estimation engineer certificate shall be issued to individuals who are Vietnamese citizens, overseas Vietnamese, and foreigners meeting the conditions specified in Article 7 of this Regulation.

2. Foreigners and Vietnamese holding construction cost estimation engineer certificates issued abroad that remain valid shall be recognized and used to conduct consultancy activities related to construction investment cost management in Vietnam. Such certificates must be translated into Vietnamese and notarized or certified in accordance with Vietnamese laws and submitted to the local authority overseeing consultancy activities related to construction investment cost management for monitoring and management.

3. Individuals who are civil servants working in administrative state agencies shall not be issued construction cost estimation engineer certificates under this Regulation.

Chapter II

CONDITIONS OF COMPETENCE AND SCOPE OF ACTIVITY FOR INDIVIDUALS AND ORGANIZATIONS ENGAGED IN CONSULTANCY SERVICES FOR CONSTRUCTION INVESTMENT COST MANAGEMENT

INVESTMENT IN CONSTRUCTION OF WORKS

Article 3. Content of Consultancy Services for Construction Investment Cost Management

Consultancy services for construction investment cost management include the following tasks:

1. Preparing and reviewing the total investment cost of construction projects;

2. Evaluating the effectiveness of construction projects;

3. Determining construction cost norms, unit prices, and construction price indices;

4. Measuring construction work quantities;

5. Preparing and reviewing project estimates;

6. Selecting contractors in construction activities;

7. Determining tender prices and contract prices in construction activities;

8. Controlling construction costs;

9. Preparing payment and settlement documents for contracts;

10. Paying and settling capital for construction projects;

11. Other construction investment cost management tasks.

Article 4. Conditions of Competence for Individuals and Organizations Engaged in Consultancy Services for Construction Investment Cost Management

1. Individuals engaged independently in consultancy services for construction investment cost management must meet the following conditions:

a) Hold a construction cost estimation engineer certificate;

b) Have a business registration for consultancy services for construction investment cost management in accordance with the law.

2. Organizations engaged in consultancy services for construction investment cost management must meet the following conditions:

a) Class 1 consultancy organizations for construction investment cost management: have at least five Class 1 construction cost estimation engineers;

b) Class 2 consultancy organizations for construction investment cost management: have at least three Class 2 construction cost estimation engineers or one Class 1 construction cost estimation engineer.

Article 5. Scope of Activity for Individuals and Organizations Engaged in Consultancy Services for Construction Investment Cost Management

1. Scope of activity for individuals engaged independently in consultancy services for construction investment cost management:

a) Individuals holding a Class 1 construction cost estimation engineer certificate may perform one or more of the consultancy services for construction investment cost management tasks specified in Article 3 of this Regulation for national key projects, Class A and B projects; they may perform all consultancy services for construction investment cost management tasks for Class C projects and projects requiring only economic-technical reports.

b) Individuals holding a Class 2 construction cost estimation engineer certificate may perform consultancy services for construction investment cost management tasks similar to those performed by individuals holding a Class 1 construction cost estimation engineer certificate, except for tasks 1, 2, 5, 6, and 8 specified in Article 3 of this Regulation for national key projects, Class A and B projects; they may perform all consultancy services for construction investment cost management tasks for Class C projects and projects requiring only economic-technical reports.

2. Scope of activity for organizations engaged in consultancy services for construction investment cost management:

a) Class 1 consultancy organizations for construction investment cost management: may perform all consultancy services for construction investment cost management tasks for national key projects, Class A, B, and C projects, and projects requiring only economic-technical reports.

b) Class 2 consultancy organizations for construction investment cost management: may perform consultancy services for construction investment cost management tasks similar to those performed by Class 1 consultancy organizations, except for task 1, 2, 5, 6, and 8 specified in Article 3 of this Regulation for national key projects.

c) For organizations that do not meet the criteria for classification: may perform consultancy services for construction investment cost management tasks for projects requiring only economic-technical reports.

Chapter III

ORGANIZATION ISSUING CONSTRUCTION COST ESTIMATION ENGINEER CERTIFICATES

Article 6. Construction Cost Estimation Engineer Certificate    

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

a) Certificate number and issuance number;

b) Personal information of the certificate holder;

c) Professional qualifications obtained through training;

d) Level of Construction Cost Estimation Engineer;

e) Responsibilities of the certificate holder.

2. The format of the Construction Cost Estimation Engineer Certificate follows Model 1 of this Regulation. The certificate measures 85 mm x 125 mm, has a hard blue cover, and contains two white pages inside.

3. The numbering system for the certificate and issuance number of the Construction Cost Estimation Engineer Certificate is as follows:

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

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

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

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

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

- First issuance: marked as first issuance;

- Reissuance: marked according to the number of reissues.

Article 7. Conditions for Issuing the Construction Cost Estimation Engineer Certificate

1. To be issued a Construction Cost Estimation Engineer Certificate at Level 2, the individual must meet the following conditions:

a) Possess full civil capacity, not prohibited from practicing by a competent authority, not under criminal investigation, and not serving a prison sentence;

b) Hold a diploma from a college level or higher in economics, economic-engineering, or engineering from a legitimate organization in Vietnam or abroad, and currently engaged in work related to construction project investment cost management;

c) Have a certificate confirming completion of construction cost estimation training as stipulated by the Ministry of Construction;

d) Submit an application for the Construction Cost Estimation Engineer Certificate in accordance with Article 10 of this Regulation and pay the prescribed fee to the issuing authority;

đ) Have participated in construction activities for at least five years prior to applying for the certificate;

e) Directly performed at least five consulting tasks for managing construction project investment costs as specified in Article 3 of this Regulation.

2. To be issued a Construction Cost Estimation Engineer Certificate at Level 1, in addition to meeting the conditions for a Level 2 certificate, the individual must also meet the following conditions:

a) Have continuously participated in construction project investment cost management consulting activities for at least five years since obtaining the Level 2 Construction Cost Estimation Engineer Certificate;

b) Directly performed at least five consulting tasks for managing construction project investment costs (tasks 1, 2, 5, 6, and 8) as specified in Article 3 of this Regulation for national key projects or Group A projects;

c) Participated in a course to update knowledge on investment construction mechanisms and policies and construction project investment cost management consulting skills as stipulated by the Ministry of Construction;

3. In cases where an applicant for a Level 1 Construction Cost Estimation Engineer Certificate does not have a Level 2 certificate but has continuously worked in establishing and managing construction costs for ten years and directly performed at least five consulting tasks for managing construction project investment costs (among tasks 1, 2, 5, 6, 7, and 8) as specified in Article 3 of this Regulation for national key projects or Group A projects, they may be issued a Level 1 Construction Cost Estimation Engineer Certificate.

Article 8. Competence to Issue Construction Cost Estimation Engineer Certificates

1. The Ministry of Construction shall uniformly manage the State administration over the issuance of construction cost estimation engineer certificates nationwide.

2. Provincial Construction Departments under centrally governed cities shall organize the issuance of construction cost estimation engineer certificates for individuals meeting the prescribed conditions.

Article 9. Procedures and Formalities for Issuing Construction Cost Estimation Engineer Certificates

1. An applicant for a construction cost estimation engineer certificate shall submit one set of application documents as stipulated in Article 10 of this Regulation to the Construction Department where the certificate is registered for issuance.

2. The Construction Department shall accept and examine the application documents, requesting additional documents if they are incomplete or not in compliance with regulations.

3. Within a maximum period of ten working days from the date of receipt of complete and valid application documents, the Construction Department shall review and issue the construction cost estimation engineer certificate in accordance with the provisions of this Regulation.

4. The collection and utilization of fees for issuing construction cost estimation engineer certificates shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 10. Application Documents for Requesting a Construction Cost Estimation Engineer Certificate

1. The application documents for requesting a Class 2 construction cost estimation engineer certificate include the following:

a) A request form for a construction cost estimation engineer certificate according to the model at Appendix No. 2 of this Regulation, confirmed by the People's Committee of the commune (ward, town) where the applicant resides or by the organization where the applicant works;

b) Two color photographs measuring 3x4 inches taken within six months prior to the date of requesting the certificate;

c) Certified copies of educational diplomas, training certificates related to construction cost estimation, and certified copies of the applicant’s identity card or passport;

d) A statement of relevant professional work experience related to construction cost management consulting activities according to the model at Appendix No. 3 of this Regulation, confirmed by the directly managing organization or the project sponsor.

2. The application documents for upgrading a Class 1 construction cost estimation engineer certificate include the following:

a) A request form for upgrading a construction cost estimation engineer according to the model at Appendix No. 4 of this Regulation;

b) Two color photographs measuring 3x4 inches taken within six months prior to the date of requesting the upgrade;

c) Certified copies of the Class 2 construction cost estimation engineer certificate (except in cases stipulated in Point 3 of Article 7);

d) Proof of participation in a course updating knowledge on investment construction policies and construction cost management consulting practices;

đ) A statement of relevant professional work experience related to construction cost management consulting activities according to the model at Appendix No. 3 of this Regulation, confirmed by the directly managing organization or the project sponsor.

Article 11. Reissuance of Construction Cost Estimation Engineer Certificates

1. A construction cost estimation engineer certificate may be reissued in cases where the certificate is torn, damaged, or lost.

2. Conditions for reissuing a construction cost estimation engineer certificate:

a) There must be a request for reissuance of a construction cost estimation engineer certificate;

b) There must be the old certificate for cases of tearing or damage. In cases of loss, there must be a verification letter from the police authority or local government;

c) There must be a report on the results of construction cost management consulting activities conducted according to the previously issued certificate, confirmed by the directly managing organization or the project sponsor.

3. Procedures for reissuing a certificate:

a) The person requesting reissuance shall submit application documents in accordance with the conditions stipulated in Clause 2 of this Article. The issuing authority shall examine and reissue the construction cost estimation engineer certificate to individuals who meet the required procedures. The reissuance period shall be within ten working days from the date of receipt of complete and valid application documents;

b) The contents of the new certificate shall be identical to those of the old certificate.

Article 12. Rights and Obligations of Persons Issued with Construction Cost Estimation Engineer Certificates

1. Persons issued with construction cost estimation engineer certificates shall have the following rights:

a) To perform consultancy management tasks for investment construction project costs according to the grade of construction cost estimation engineer certificate issued;

b) To sign product files of consultancy management tasks for investment construction project costs;

c) To lodge complaints and denunciations against violations of this Regulation;

d) To exercise other rights as prescribed by law.

2. Persons issued with construction cost estimation engineer certificates shall have the following obligations:

a) To be responsible before employers, investors, and the law for the results of activities under consultancy management contracts for investment construction project costs that have been signed;

b) To perform consultancy management tasks for investment construction project costs according to the grade of construction cost estimation engineer certificate issued;

c) Not to lease or lend certificates to others for practicing;

d) Not to arbitrarily erase, alter certificates;

đ) Not to violate professional ethics requirements;

e) Annually provide information to the Department of Construction where consultancy activities take place regarding related consultancy management tasks for investment construction project costs after being issued the certificate. The content of the provided information follows Model 5 of this Regulation;

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

Article 13. Rights and Obligations of the Department of Construction

1. The Department of Construction has the right:

a) To inspect and review applications for issuance of construction cost estimation engineer certificates in accordance with regulations;

b) Not to issue construction cost estimation engineer certificates to individuals who do not meet the conditions stipulated in Article 7 of this Regulation;

c) To inspect and manage consultancy management tasks for investment construction project costs at local levels;

d) To revoke certificates, handle according to its authority or propose competent authorities to handle violations in consultancy management tasks for investment construction project costs.

2. The Department of Construction has the obligation:

a) To provide information to relevant parties about the issuance of construction cost estimation engineer certificates;

b) To accept applications for issuance of construction cost estimation engineer certificates;

c) To issue certificates to individuals who meet the conditions as prescribed;

d) Annually update information on the management network of consultancy management tasks for investment construction project costs of the Ministry of Construction and related information on certificate issuance;

đ) To keep original records and manage individuals performing consultancy management tasks for investment construction project costs.

Chapter IV

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 14. Responsibilities of Authorities in Managing the Issuance of Construction Cost Estimation Engineer Certificates

1. Responsibilities of the Ministry of Construction:

a) To inspect and audit the implementation of this Regulation throughout the country;

b) To resolve complaints and denunciations regarding violations of this Regulation.

2. Responsibilities of the Department of Construction:

a) To inspect and audit consultancy management tasks for investment construction project costs within the administrative jurisdiction area.

b) Resolve complaints and reports within their jurisdiction.

Article 15. Handling Violations

1. Persons issued with construction cost estimation engineer certificates will have their certificates revoked if they violate any of the following cases:

a) Arbitrarily erasing, altering certificates, lending or leasing certificates;

b) Violating professional ethics;

c) Not engaging in consultancy management tasks for investment construction project costs for over three years;

d) Not participating in training courses to update knowledge on investment construction project mechanisms and policies and consultancy management tasks for investment construction project costs as prescribed.

2. Organizations and individuals related to the issuance of construction cost estimation engineer certificates, if they violate the provisions of this Regulation, depending on the level of violation, in addition to being handled according to this Regulation, may also be subject to disciplinary action, administrative handling, or criminal liability as prescribed by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Provisions for cases where conditions for issuing a construction cost estimation engineer certificate are not met

1. Individuals with a college degree in economics, economic-engineering, or engineering who are currently performing tasks related to construction activities and have a certificate confirming completion of training in construction cost estimation shall be eligible to provide consultancy services for managing investment costs in construction projects that only require preparation of technical-economic reports.

2. Individuals holding relevant professional qualifications for consultancy services in managing investment costs in construction projects but without a construction cost estimation engineer certificate may participate in providing such consultancy services but shall not sign off on product documentation for these consultancy services.

Article 17. Implementation and Effectiveness

1. Based on the provisions of this Regulation, the Department of Construction shall be responsible for organizing the issuance of construction cost estimation engineer certificates and managing consultancy services for managing investment costs in construction projects.

2. During the implementation of this Regulation, if there are any difficulties, individuals and organizations involved are requested to report them to the Ministry of Construction for consideration and resolution.

3. Certificates related to construction cost estimation issued outside the provisions of this Regulation shall not have legal validity for consultancy services in managing investment costs in construction projects.