Circular No. 08/2018/TT-BXD guiding certain contents regarding construction practice certificates, construction activity capability certificates, and foreign contractor management certificates for construction activities in Vietnam.

CIRCULAR

Guidelines on Certain Aspects of Construction Practice Certificates, Construction Competence Certificates, and Management of Foreign Contractors Engaged in Construction Activities in Vietnam[A1] , construction competence certificates, and management of foreign contractors engaged in construction activities in Vietnam

engaged in construction activities in Vietnam

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Pursuant to the Construction Law No. 50/2014/QH13;

WHEREAS, Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Government Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management for investment in construction;

Pursuant to the Government Decree No. 42/2017/NĐ-CP dated April 5, 2017 amending and supplementing certain articles of the Government Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management for investment in construction;

Pursuant to the Government Decree No. 100/2018/NĐ-CP dated July 16, 2018 amending, supplementing, and abolishing certain provisions on conditions for business investment under the Ministry of Construction's jurisdiction (hereinafter referred to as the Government Decree No. 100/2018/NĐ-CP);

At the proposal of the Director of the Construction Activity Management Department,

The Minister of Construction issues this Circular guiding certain aspects of construction practice certificates, construction competence certificates, and management of foreign contractors engaged in construction activities in Vietnam.

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Regulation: This Circular guides certain aspects of construction practice certificates, construction competence certificates, and management of foreign contractors engaged in construction activities in Vietnam.

Article 2. Applicability: This Circular applies to domestic agencies, organizations, and individuals; and foreign organizations and individuals engaged in construction activities within the territory of Vietnam.

- Prime Minister;2. huyên môn consistent when issuing a practice certificate[U2]  in construction activities

The training specialty of an individual is deemed appropriate when the specialty or content of their training program aligns with the field for which they are applying for a construction practice certificate, specifically as follows:

Clause 1. For the field of construction surveying

a) Topographic survey: The training specialty belongs to one of the following specialties: geology, surveying, cartography, construction works;

b) Geotechnical investigation: The training specialty belongs to one of the following specialties: geology, construction works.

Clause 2. For the field of construction planning design practice: The training specialty belongs to one of the following specialties: architecture, urban planning, urban economics, technical infrastructure, or related specialties to the requirements for preparing urban planning projects.

Clause 3. For the field of construction work design practice

a) Architectural design of construction works: The training specialty belongs to the architecture specialty;

b) Civil and industrial construction structure design: The training specialty belongs to the construction works specialty where the training program includes courses on civil and industrial construction structures;

c) Mechanical and electrical system design of construction works: The training specialty belongs to a relevant engineering specialty related to the design of mechanical and electrical systems, ventilation, and heating;

d) Water supply and drainage system design of construction works: The training specialty belongs to a relevant engineering specialty related to water supply and drainage system design;

đ) Transportation construction works design: The training specialty belongs to the transportation construction works specialty;

e) Agricultural construction works and rural development design: The training specialty belongs to a construction works specialty related to the design of agricultural construction works and rural development;

g) Technical infrastructure construction works design: The training specialty belongs to a relevant engineering specialty related to the design of various types of technical infrastructure construction works.

Clause 4. For the field of construction supervision practice

a) Construction work supervision: The training specialty belongs to one of the following specialties: construction works, construction economics, architecture, or other relevant construction engineering specialties;

b) Installation supervision of equipment into construction works: The training specialty belongs to one of the following specialties: electricity, mechanical engineering, ventilation and heating, water supply and drainage, or other relevant installation engineering specialties.

Clause 5. For the field of construction valuation practice: The training specialty belongs to a technical economics specialty or another relevant engineering specialty related to construction works.

Clause 6. For the field of project management practice: The training specialty belongs to one of the following specialties: construction works, architecture, construction economics, or another relevant engineering specialty related to the type of project or construction work for which the practice certificate is being applied.

Article 3. Organization conducting examination for issuance of practice certificates in construction activities

Clause 1. In cases where an individual applies for a new issuance, reissuance of an expired practice certificate, adjustment, or supplementation of fields, or upgrading of the practice certificate, the examination consists of five questions on legal knowledge and twenty questions on professional experience (specialized knowledge) related to the field for which the practice certificate is being applied. The maximum examination time is thirty minutes. The total score for each examination is 100 points, with a maximum of eighty points for professional experience and twenty points for legal knowledge. An individual must achieve at least sixteen points in the legal knowledge section and a total score of eighty points or more to meet the requirements for issuance of the practice certificate.

Clause 2. In cases where an individual is exempted from the specialized knowledge examination, the examination consists of ten questions on legal knowledge. The maximum examination time is twelve minutes. The total score for each examination is forty points. An individual must achieve thirty-two points or more to meet the requirements for issuance of the practice certificate.

Clause 3. An individual applying for reissuance of a practice certificate while it remains valid but has been lost or damaged does not need to undergo an examination.

Clause 4. For individuals submitting applications for issuance of construction practice certificates without examination results, the deadline for issuance of the practice certificate as stipulated in Clause 17, Article 1 of the Government Decree No. 100/2018/NĐ-CP shall be calculated from the date of examination results.

5. The competent authority issuing the practice certificate shall notify the time, place, and list of individuals meeting/not meeting the examination conditions at least three days before organizing the examination.

Article 4. Evaluation for Issuing Construction Activity Capability Certificates

1. The council responsible for issuing construction activity capability certificates shall assess the construction activity capabilities of organizations according to the corresponding conditions for each category and construction field as stipulated in Decree No. 100/2018/NĐ-CP and this Article. An organization shall be issued a construction activity capability certificate when all assessed conditions meet the requirements.

2. Corresponding to each category and construction field for which a construction activity capability certificate is requested, the organization must have individuals holding positions that require a practice certificate; individuals participating in performing tasks with relevant expertise as prescribed. Each individual within the organization may hold one or more positions requiring a practice certificate and participate in performing tasks when they meet the corresponding capability conditions as prescribed.

Individuals participating in performing tasks for an organization are deemed suitable for the construction field or type of construction activity capability certificate requested if they possess the corresponding professional qualifications as stipulated in Article 2 of this Circular, appropriate to the tasks they undertake. In particular, the individual responsible for construction work must have professional qualifications equivalent to those of the individual applying for a construction supervision practice certificate.

3. In cases where an organization only has individuals holding positions requiring a practice certificate for one or some fields, types, or disciplines, the evaluation shall be conducted as follows:

a) For construction survey organizations: If an organization declares individuals holding the position of chief construction surveyor for a specific type of construction survey, then only the construction activity capability certificate for that type of construction survey will be considered for issuance;

b) For construction planning organizations: Individuals holding the position of chief planner for construction planning, leading the design of architecture-planning, urban economics, and technical infrastructure disciplines must have a construction planning design practice certificate consistent with the category of the construction activity capability certificate requested by the organization;

c) For construction project design organizations

For the field of civil and industrial construction project design: Individuals holding the position of chief construction project designer, leading the design of organizational disciplines in construction project design must have a construction project design practice certificate including architectural design, civil-industrial structural design, mechanical-electrical design, and water supply-drainage design consistent with the tasks undertaken and the category of the construction activity capability certificate requested by the organization. If an organization declares individuals holding the position of lead designer for one or some disciplines of construction project design, then only the construction activity capability certificate for the construction project design content of that discipline will be considered for issuance.

For the field of transportation construction project design: Individuals holding the position of chief construction project designer, leading the design of construction projects must have a transportation construction project design practice certificate consistent with the type of construction project and the category of the construction activity capability certificate requested by the organization.

For the field of agricultural and rural development construction project design: Individuals holding the position of chief construction project designer, leading the design of construction projects must have an agricultural and rural development construction project design practice certificate consistent with the type of construction project and the category of the construction activity capability certificate requested by the organization.

For the field of technical infrastructure construction project design: Individuals holding the position of chief construction project designer, leading the design of construction projects must have a technical infrastructure construction project design practice certificate consistent with the type of construction project and the category of the construction activity capability certificate requested by the organization.

d) For construction project management consulting organizations: Individuals responsible for specialized fields of the organization must have a practice certificate in construction supervision and construction valuation consistent with the tasks undertaken and the category of the construction activity capability certificate requested by the organization;

đ) For construction supervision organizations: If an organization declares individuals holding the position of chief supervisor or supervisor who only have a practice certificate for one field of construction supervision as stipulated in Clause 9, Article 1 of Decree No. 100/2018/NĐ-CP, then only the construction activity capability certificate for that field of construction supervision will be considered for issuance.

4. The competent authority issuing construction activity capability certificates shall decide on issuing the construction activity capability certificate after receiving the assessment results from the council responsible for issuing construction activity capability certificates. In cases where an organization requests an upgrade, adjustment, or supplementation of the content of the construction activity capability certificate, the validity period of the certificate shall be implemented according to the provisions of Clause 20, Article 1 of Decree No. 100/2018/NĐ-CP.

5. Foreign organizations are not required to have a construction activity capability certificate as prescribed in this Circular when engaging in construction activities in Vietnam.

Article 5. Repealing, Amending, and Supplementing Certain Provisions on the Management of Foreign Contractors Engaged in Construction Activities in Vietnam

1. Repeal Article 2, Article 3, Article 10, Article 11, and Article 12 of Circular No. 14/2016/TT-BXD dated June 30, 2016, issued by the Ministry of Construction guiding the issuance of construction activity permits and the management of foreign contractors engaged in construction activities in Vietnam (hereinafter referred to as Circular No. 14/2016/TT-BXD).

2. Amend and supplement Article 8 of Circular No. 14/2016/TT-BXD as follows:

“Article 8. Provisions on Reporting

1. By December 10 each year, foreign contractors shall be responsible for submitting reports to the authority issuing construction activity permits and the Construction Department at the location where the project is situated, regarding the implementation of contracts according to the model set out in Appendix 9 of this Circular.

2. By December 15 each year, the Construction Department shall report to the specialized agency under the Ministry of Construction on the issuance, adjustment, revocation of construction activity permits, and the operations of foreign contractors in the locality according to the model set out in Appendix 10 of this Circular.”

Article 6. Effectiveness

1. This Circular takes effect from November 20, 2018.

2. Circular No. 17/2016/TT-BXD dated June 30, 2016, issued by the Minister of Construction guiding the capacity of organizations and individuals participating in construction activities, and Articles 1 and 2 of Circular No. 24/2016/TT-BXD dated September 1, 2016, issued by the Minister of Construction amending and supplementing certain articles related to the management of investment construction projects, shall cease to be effective from the date this Circular takes effect.

3. Ministries, agencies equivalent to ministries, people's committees at all levels, relevant organizations, and individuals shall be responsible for implementing this Circular. In the course of implementation, if any difficulties arise, they are requested to promptly reflect them to the Ministry of Construction for consideration and resolution./.