Decree No. 100/2018/NĐ-CP Amending, supplementing, and abolishing certain provisions on investment conditions in sectors under the Ministry of Construction's administrative management.

DECREE

Amending, supplementing, abolishing some provisions on investment conditions

for business operations under the management of the Ministry of Construction

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Pursuant to the Law organization As promulgated by the Government on 19 the 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;15;

On the basis of Law amending and supplementing Article 6 and Appendix 4 on the List of Industries and Businesses Subject to Investment and Business Conditions of the Investment Law dated 22 the 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;16;

On the basis of Construction Law on June 18 the 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;14;

On the basis of Housing Law dated 25 the 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;14;

On the basis of Real Estate Business Law dated 25 the 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;14;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on The Minister of Construction's resolutionB. LEVELS OF APPROVAL/RECORDING OF REPORTS ON OIL AND GAS RESOURCES AND RESERVES

At the proposal of issues Decree amending, supplementing, abolishing some provisions on investment and business conditions under the management of the Ministry of Construction.

Article 1. Amending, supplementing, replacing, abolishing some articles of the Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project management for construction investment (hereinafter referred to as Decree 59/2015/ND-CP) and some clauses of Article 1 of Decree No. 42/2017/ND-CP No. 59/2015/ND-CP on amending and supplementing some articles of the Decree dated June 18, 2015 of the Government on project management for construction investment (hereinafter referred to as Decree) as follows:

42/2017/ND-CP

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1. Amending and supplementing Clause 7, Clause 15, Clause 16, Clause 17, Clause 18, Clause 19, Clause 20 of Article 2 of Decree No. 59/2015/ND-CP as follows:

"7. Project Director is the title of an individual assigned by the General Director of the specialized construction investment project management board, regional construction investment project management board, legal representative of the organization providing project management consultancy services, or legal representative of the investor (in case the investor manages the project themselves) to manage and coordinate the implementation of project management for specific construction projects.

15. Chief is the title of an individual assigned by an organization to perform professional work within a specific planning scheme, project, or construction project, including: chief design of various disciplines of urban planning schemes; chief design of various disciplines of construction design; chief inspection of construction; chief management of construction investment costs.

16. Head is the title of an individual assigned by an organization to manage and coordinate the implementation of all professional work within a specific planning scheme, project, or construction project, including: head of urban planning design; head of construction survey; head of construction design.

17. Site Supervisor is the title of an individual assigned by a construction site supervision organization to manage and direct construction site supervision activities for a specific project or construction project.

18. Site Manager is the title of an individual assigned by a construction organization to manage and direct construction activities for a specific project or construction project.

19. Professional Practice Certificate Code: is an eight-digit number used to manage professional practice certificates for individuals engaged in construction activities. Each individual applying for a professional practice certificate for the first time according to this Decree will be issued a Professional Practice Certificate Code. The Professional Practice Certificate Code does not change when the individual applies for renewal or adjustment of the content of the professional practice certificate already issued.

20. Competency Certificate Code: is an eight-digit number used to manage competency certificates for organizations engaged in construction activities. Each organization applying for a competency certificate for the first time according to this Decree will be issued a Competency Certificate Code. The Competency Certificate Code does not change when the organization applies for renewal or adjustment of the content of the competency certificate already issued.”

2. Amending and supplementing Article 44 of Decree No. 59/2015/ND-CP as follows:

“Article 44. Professional Practice Certificates for Construction Activities

1. Professional Practice Certificates for Construction Activities (hereinafter referred to as Professional Practice Certificates) are issued to individuals who are Vietnamese citizens, overseas Vietnamese, or foreigners legally engaged in construction activities in Vietnam to undertake the positions or independent practices specified in Clause 3, Article 148 of the Construction Law 2014.

2. Foreign individuals or overseas Vietnamese with professional practice certificates issued by foreign authorities if they engage in construction activities in Vietnam for less than six months shall be recognized as having the right to practice. In cases where individuals engage in construction activities in Vietnam for six months or more, they must convert their professional practice certificates at the competent authority issuing such certificates according to Article 44b of this Decree.

3. Individuals without professional practice certificates may participate in construction activities within the scope consistent with their trained specialty, consistent with the Labor Code, but they cannot practice independently or hold positions that require a professional practice certificate as stipulated by the Construction Law.

4. Professional Practice Certificates are valid for a maximum of five years. For foreign individuals' professional practice certificates, the validity period is determined based on the duration stated in their labor permit or temporary residence card issued by the competent authority, but it shall not exceed five years.

5. Professional Practice Certificates have a format and main content as specified in Appendix VIII of this Decree.

6. Professional Practice Certificates are managed through the professional practice certificate number, which consists of two groups of symbols separated by a hyphen (-), as follows:

a) The first group: three characters indicating the place of issuance of the certificate, as specifically provided in Appendix VII of this Decree;

b) The second group: Professional Practice Certificate Code.

8. The Ministry of Construction uniformly manages the issuance and revocation of professional practice certificates; manages the issuance of professional practice certificate codes; provides guidance on relevant professional matters when issuing professional practice certificates; publicly lists individuals who have been granted professional practice certificates; organizes the online issuance of professional practice certificates.”

3. Supplementing Article 44a of Decree No. 59/2015/ND-CP as follows:

“Article 44a. Issuance and Revocation of Professional Practice Certificates for Construction Activities

1. Professional Practice Certificates are issued to individuals in any of the following cases:

a) First-time issuance of a professional practice certificate, upgrading the level of a professional practice certificate;

b) Adjustment or supplementation of the content of a professional practice certificate;

c) Reissuance of a professional practice certificate due to loss, damage, or expiration of the original certificate;

a) An individual no longer meets the conditions as prescribed in Clause 1, Article 45 of this Decree;

b) Forging documents in the application dossier for issuance, reissuance, or amendment of the practice certificate;

c) Leasing, lending, renting, borrowing, or allowing others to use the practice certificate;

d) Altering, erasing, or tampering with the content of the practice certificate;

đ) The practice certificate contains errors due to mistakes made by the issuing authority;

e) The practice certificate was issued beyond the authorized jurisdiction;

g) The practice certificate was issued without meeting the required conditions for capability as stipulated;

3. An individual whose practice certificate has been revoked under the circumstances specified in Points b, c, and d of Clause 2 of this Article may apply for issuance of a new practice certificate after 12 months from the date of the decision revoking the practice certificate. The procedures and formalities for issuing the practice certificate shall be carried out in accordance with the procedures and formalities for issuing a new practice certificate as prescribed in Point a of Clause 1 of this Article.

An individual whose practice certificate has been revoked under the circumstances specified in Point đ of Clause 2 of this Article shall have their practice certificate reissued according to the procedures and formalities prescribed in Clause 2 of Article 56b of this Decree.”

4. Supplement Article 44b of Decree No. 59/2015/NĐ-CP as follows:

“Article 44b. Competence to issue and revoke practice certificates for construction activities

1. Competence to issue practice certificates:

a) The specialized agency under the Ministry of Construction issues Class I practice certificates.

b) The Department of Construction issues Class II and Class III practice certificates.

c) The professional organization as prescribed in Article 56c of this Decree issues Class II and Class III practice certificates to individuals who are members of such organizations.

2. The authority competent to issue a practice certificate is also the authority competent to revoke the practice certificate issued by itself.”

5. Amend and supplement Article 45 of Decree No. 59/2015/NĐ-CP as follows:

“Article 45. General Conditions for Issuance of Practice Certificates for Construction Activities

An individual shall be issued a practice certificate if they meet the following conditions:

1. Having full capacity for civil acts as prescribed by law; having a residence permit or work permit in Vietnam for foreigners and overseas Vietnamese.

2. Possessing appropriate academic qualifications and experience in relevant fields corresponding to the content of the application for issuance of the practice certificate as follows:

a) Class I: Holding a bachelor's degree in a relevant field, with at least seven years of experience in relevant fields corresponding to the content of the application for issuance of the practice certificate;

b) Class II: Holding a bachelor's degree in a relevant field, with at least four years of experience in relevant fields corresponding to the content of the application for issuance of the practice certificate;

c) Class III: Holding appropriate professional qualifications, with at least two years of experience in relevant fields corresponding to the content of the application for issuance of the practice certificate for those with a bachelor's degree; at least three years for those with an associate degree or a college diploma.

3. Meeting the examination requirements for the field of the application for issuance of the practice certificate.”

6. Amend and supplement Article 46 of Decree No. 59/2015/NĐ-CP as follows:

“Article 46. Construction Survey Practice Certificate

1. The fields for issuing construction survey practice certificates include:

a) Topographic survey;

b) Geotechnical survey.

2. Conditions for issuing construction survey practice certificates corresponding to the survey fields specified in Clause 1 of this Article are as follows:

a) Class I: Has served as the head of at least one construction survey project from Group A or two projects from Group B or more, or at least two construction works from Class I or more, or three construction works from Class II or more.

b) Class II: Has served as the head of at least one construction survey project from Group B or two projects from Group C or more, or at least two construction works from Class II or more, or three construction works from Class III or more.

c) Class III: Has participated in at least two construction survey projects from Group C or two projects requiring economic-technical reports or more, or at least two construction works from Class III or more, or three construction works from Class IV or more.

3. Scope of construction survey activities:

a) Class I: Can serve as the head of all groups of construction survey projects and all levels of construction works within the field recorded on the practice certificate.

b) Class II: Can serve as the head of construction survey projects from Group B and construction works from Class II or lower within the field recorded on the practice certificate.

c) Class III: Can serve as the head of construction survey projects from Group C, projects requiring economic-technical reports, and construction works from Class III or lower within the field recorded on the practice certificate.”

7. Amend and supplement Clause 13 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

Article 47. Construction Planning Design Practice Certificate

1. Individuals eligible for issuance of construction planning design practice certificates must meet the following conditions corresponding to each class:

a) Class I: Has served as the head or main designer of at least one construction planning design project within their authority and approved by the Prime Minister, or two projects (at least one of which is a regional construction planning design project or a district-level construction planning design project or a general construction planning design project) within their authority and approved by the provincial People's Committee.

b) Class II: Has served as the head or main designer of at least one construction planning design project within their authority and approved by the provincial People's Committee, or two projects within their authority and approved by the district People's Committee.

c) Class III: Has participated in at least one construction planning design project within their authority and approved by the provincial People's Committee, or two projects within their authority and approved by the district People's Committee.

2. Scope of activities:

a) Class I: Can serve as the head of all construction planning design projects and can be the main designer of specialized subjects of all construction planning design projects.

b) Class II: Can serve as the head of all construction planning design projects within the approval authority of the provincial People's Committee and the district People's Committee.

c) Class III: Can serve as the head of construction planning design projects within the approval authority of the district People's Committee.”

8. Replace Article 48 of Decree No. 59/2015/NĐ-CP and Clause 14 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

Article 48. Construction Project Design Practice Certificate

1. Fields for issuing construction project design practice certificates include:

a) Building architectural design;

b) Civil-industrial building structure design;

c) Mechanical-electrical building design;

d) Water supply and drainage building design;

đ) Transportation construction design; agricultural construction design and rural development; technical infrastructure construction design.

2. Conditions for issuing construction project design practice certificates:

a) Class I: Has served as the head or main designer, or reviewer of design work within the field applying for the practice certificate of at least one construction work from Class I or more, or at least two construction works from Class II or more.

b) Class II: Has served as the head or main designer, or reviewer of design work within the field applying for the practice certificate of at least one construction work from Class II or more, or at least two construction works from Class III or more, or has participated in design, review of design work related to the content applying for the practice certificate of at least three construction works from Class II or more of the same type as the construction work applying for the practice certificate.

c) Class III: Has participated in design, review of design work within the field applying for the practice certificate of at least three construction works from Class III or more, or five construction works from Class IV or more of the same type as the construction work applying for the practice certificate.

3. Scope of activities:

a) Class I: Can serve as the head of construction project design, main designer, or reviewer of specialized subjects of all levels of construction works of the same type as the construction work recorded on the practice certificate.

b) Class II: Can serve as the head of construction project design, main designer, or reviewer of specialized subjects of construction works from Class II or lower of the same type as the construction work recorded on the practice certificate.

c) Class III: Can serve as the head of construction project design, main designer, or reviewer of specialized subjects of construction works from Class III and Class IV of the same type as the construction work recorded on the practice certificate.”

9. Replace Article 49 of Decree No. 59/2015/NĐ-CP and Clause 15 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

“Article 49. Construction Supervision Practice Certificate

1. The fields for issuing construction supervision practice certificates include:

a) Construction work supervision including:

- Supervision of civil and industrial construction works and technical infrastructure;

- Supervision of transportation construction works;

- Supervision of agricultural construction works and rural development.

b) Installation equipment supervision in construction works.

2. Conditions for issuing construction supervision practice certificates:

a) Class I: Has served as a construction site supervisor or chief engineer or has been in charge of designing construction works in at least one project of class I or higher or two projects of class II or higher in the same field as the requested practice certificate.

b) Class II: Has served as a construction site supervisor or chief engineer or has been in charge of designing construction works in at least one project of class II or higher or two projects of class III or higher in the same field as the requested practice certificate.

c) Class III: Has participated in construction supervision or design or construction works in at least one project of class III or higher or two projects of class IV or higher in the same field as the requested practice certificate.

3. Scope of activities:

a) Class I: Is eligible to serve as a construction site supervisor for projects of the same type as those listed on the practice certificate; can serve as a construction supervision inspector for all projects of the same type as those listed on the practice certificate.

b) Class II: Is eligible to serve as a construction site supervisor for projects of class II or lower; can serve as a construction supervision inspector for projects of the same type as those listed on the practice certificate.

c) Class III: Is eligible to serve as a construction site supervisor for projects of class III or lower; can serve as a construction supervision inspector for projects of the same type as those listed on the practice certificate.”

10. Amend and supplement Clause 16 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

“Article 50. Conditions for Building Inspection Practice

1. Individuals assuming the role of leading building quality inspection, determining causes of damage, service life of building components, and construction projects; leading inspections to determine causes of construction project incidents must meet the corresponding conditions for each class as follows:

a) Class I: Has a Class I construction design practice certificate or has led building inspections of at least one project of class I or two projects of class II or higher of the same type.

b) Class II: Has a Class II construction design practice certificate or has led building inspections of at least one project of class II or two projects of class III or higher of the same type.

c) Class III: Has a Class III construction design practice certificate or has participated in building inspections of at least one project of class III or higher or two projects of class IV of the same type.

2. Scope of activities:

a) Class I: Can lead building inspections for all projects of the same type.

b) Class II: Can lead building inspections for projects of class II or lower of the same type.

c) Class III: Can lead building inspections for projects of class III and IV of the same type.”

11. Amend and supplement Article 52 of Decree No. 59/2015/NĐ-CP as follows:

"Article 52. Construction Cost Estimation Practice Certificate

1. Individuals granted a construction cost estimation practice certificate are eligible to lead the implementation of tasks related to construction investment cost management including:

a) Determining, reviewing total investment costs; analyzing risks and evaluating investment effectiveness of projects;

b) Determining unit investment costs, construction norms, construction prices, construction price indices;

c) Measuring quantities;

d) Determining, reviewing construction budgets;

đ) Determining tender prices, contract prices in construction activities;

e) Controlling construction project costs;

g) Preparing, reviewing payment and final settlement documents for construction investment capital, converting construction investment capital after completion and acceptance for use."

2. Conditions for issuing construction cost estimation practice certificates:

a) Class I: Has led the implementation of one of the tasks related to construction investment cost management in at least one project of group A or two projects of group B or higher or one project of class I or two projects of class II or higher.

b) Class II: Has led the implementation of one of the tasks related to construction investment cost management in at least one project of group B or two projects of group C or higher or one project of class II or two projects of class III or higher.

c) Class III: Has participated in the implementation of one of the tasks related to construction investment cost management in at least one project of group C or two projects requiring preparation of economic and technical feasibility studies for construction investment or one project of class III or higher or two projects of class IV or higher.

3. Scope of activities:

a) Class I: Is eligible to lead the implementation of construction investment cost management regardless of project type and construction project level.

b) Class II: Is eligible to lead the implementation of construction investment cost management for projects of group B or lower and construction projects of class I or lower.

c) Class III: Is eligible to lead the implementation of construction investment cost management for projects of group C, projects requiring preparation of economic and technical feasibility studies for construction investment, and construction projects of class II or lower.”

12. Amend and supplement Article 53 of Decree No. 59/2015/NĐ-CP as follows:

“Article 53. Conditions for practicing as a construction site commander

1. Individuals holding the position of construction site commander must meet the corresponding conditions for each level as follows:

a) Level I: Hold a construction supervision practice certificate at Level I or have served as a construction site commander for at least one project of Class I or two projects of Class II of the same type.

b) Level II: Hold a construction supervision practice certificate at Level II or have served as a construction site commander for at least one project of Class II or two projects of Class III of the same type.

c) Level III: Hold a construction supervision practice certificate at Level III or have directly participated in construction works for at least one project of Class III or two projects of Class IV of the same type.

2. Scope of activities:

a) Level I: Is eligible to serve as a construction site commander for all projects of the same type as those recorded in the construction supervision practice certificate or the same type as those where they served as a construction site commander.

b) Level II: Is eligible to serve as a construction site commander for projects from Class II downwards of the same type as those recorded in the construction supervision practice certificate or the same type as those where they served as a construction site commander.

c) Level III: Is eligible to serve as a construction site commander for projects of Class III and Class IV of the same type as those recorded in the construction supervision practice certificate or the same type as those where they participated in construction works.”

13. Amend and supplement Clause 18 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

Article 54. Practice Certificate for Project Management

1. Individuals holding the position of project management director must possess a project management practice certificate appropriate to the type and scale of the project as stipulated herein..

2. Conditions for issuing a project management practice certificate:

a) Level I: Have served as a project management director for at least one project from Group A or two projects from Group B of the same type; or hold one of three types of practice certificates (Level I design construction; Level I construction supervision; Level I construction valuation) and have participated in managing at least one project from Group A or two projects from Group B of the same type.

b) Level II: Have served as a project management director for one project from Group B or two projects from Group C of the same type or hold one of three types of practice certificates (Level II design construction; Level II construction supervision; Level II construction valuation) and have participated in managing at least one project from Group B or two projects from Group C or three projects requiring preparation of economic-technical reports of the same type.

c) Level III: Have participated in managing at least one project from Group C of the same type.

3. Scope of activities:

a) Level I: Is eligible to serve as a project management director for all groups of projects corresponding to the type of project recorded in the practice certificate.

b) Level II: Is eligible to serve as a project management director for Groups B and C corresponding to the type of project recorded in the practice certificate.

c) Level III: Is eligible to serve as a project management director for Group C and projects only requiring preparation of economic-technical investment construction reports corresponding to the type of project recorded in the practice certificate.”

14. Amend and supplement Article 55 of Decree No. 59/2015/NĐ-CP as follows:

Article 55. Application Documents for Issuance of Construction Practice Certificates 1. Application documents for issuance of a first-time practice certificate, upgrading of a practice certificate include:

a) An application form for issuance of a practice certificate according to the model specified in Appendix 01 of this Decree accompanied by two color photographs measuring 4 x 6 cm with a white background of the applicant taken within six months;

b) Academic credentials issued by a legitimate educational institution corresponding to the type and level of the requested practice certificate.

For academic credentials issued by foreign educational institutions, they must be legalized consularly in accordance with regulations and must have a Vietnamese translation certified in accordance with Vietnamese law;

c) The practice certificate already issued by the competent authority in the case of applying for an upgrade of the practice certificate.

d) Legal documents regarding residence or work permit issued by the competent Vietnamese authorities for individuals who are foreigners.

e) Examination results if the examination was conducted before submitting the application documents for issuance of a practice certificate;

f) All documents under points b, c, d, and e of this clause must be certified copies or electronic files containing color scans of the original or certified copies, presenting the original for verification.

2. Application documents for reissuance of a practice certificate include:

a) An application form for issuance of a practice certificate according to the model specified in Appendix I of this Decree accompanied by two color photographs measuring 4x6cm with a white background of the applicant taken within six months;

b) Certified copy or electronic file containing a color scan of the original or certified copy, presenting the original for verification of the previously issued practice certificate, in cases where the practice certificate has been lost, the applicant must provide a commitment.

3. Application documents for amendment and supplementation of the content of a practice certificate include:

a) An application form for issuance of a practice certificate according to the model specified in Appendix I of this Decree accompanied by two color photographs measuring 4 x 6 cm with a white background of the applicant taken within six months;

b) Relevant documents related to the proposed amendments and supplements as stipulated in Clause 1 of this Article.

4. Application documents for conversion of a practice certificate include:

a) An application form for conversion of a practice certificate according to the model specified in Appendix III of this Decree accompanied by two color photographs measuring 4x6cm with a white background of the applicant taken within six months;

4. The file for requesting the conversion of the practice certificate includes:

a) An application for converting the practice certificate according to the form attached at Appendix III of this Decree, accompanied by two color photographs measuring 4x6 cm with a white background, taken within six months of the date of application.

b) A certified copy of the training certificate or professional practice certificate issued by a foreign agency or organization that has been apostilled, translated into Vietnamese, and notarized or authenticated in accordance with Vietnamese law;

c) A certified copy or a color digital file containing a photograph taken from the original or a certified copy, presenting the original legal document regarding residence or work permit issued by the competent Vietnamese authority as prescribed;

5. Individuals must pay the registration fee when submitting the application for issuance of the professional practice certificate. The collection, payment, management, and utilization of the registration fee for the issuance of the professional practice certificate shall be carried out in accordance with the regulations of the Ministry of Finance.";

15. Amend and supplement Article 56 of Decree No. 59/2015/NĐ-CP as follows:

“Article 56. Examination for Issuance of Professional Practice Certificate for Construction Activities

1. The competent authority issuing the professional practice certificate shall be responsible for organizing examinations for individuals applying for such certificates. In cases where individuals wish to register for the examination before submitting their application for the professional practice certificate, they shall submit the examination registration form according to Model II of this Decree to the competent authority issuing the professional practice certificate.

2. The examination shall be conducted on a monthly basis or at any time decided by the head of the authority issuing the professional practice certificate.

3. The examination content shall include sections on professional experience and knowledge of laws. If an individual holds a professional practice certificate issued under the Construction Law 2003 which is still valid, they may be exempted from the section on specialized knowledge related to the field of professional practice indicated on the certificate when participating in the examination.

4. The examination results shall be retained for six months from the date of the examination to serve as the basis for issuing the professional practice certificate.

5. The competent authority issuing the professional practice certificate shall be responsible for arranging examination venues that meet the material conditions required for the examination for issuance of the professional practice certificate for construction activities, specifically as follows:

a) The examination venue must have areas designated for conducting the examination and waiting, as well as guidance for the examination.

b) The examination area must have a minimum floor space sufficient to accommodate tables and chairs and at least ten computers for conducting the examination.

- The computer system must be in a stable operational state, connected in an internal network (LAN) model, connected to printers, and connected to the Internet.

- The Internet connection must have sufficient bandwidth to ensure stable operation without interruption throughout the examination process for the number of computers in the examination area.

- Surveillance camera system: cameras with a minimum resolution of 1280 x 720 (720P) must be installed to monitor the examination area and have the capability to store data for a minimum period of thirty days from the date of the examination.

- Audio system: there must be at least one public address system to announce information about the examination process publicly.

- Printers: at least one printer must be provided for printing examination result sheets, and one backup printer must be available if necessary.

- The examination software shall be transferred and uniformly used nationwide by the construction-related professional body under the Ministry of Construction.

6. The Ministry of Construction shall provide detailed guidelines on the development and updating of examination questions, examination costs, and the organization of examination activities.";

16. Supplement Article 56a of Decree No. 59/2015/NĐ-CP as follows:

"Article 56a. Examination Committee for Issuance of Professional Practice Certificate for Construction Activities

1. The head of the competent authority issuing the professional practice certificate shall establish an examination committee to assess and issue the professional practice certificate.

2. The structure and number of members of the examination committee for issuance of the professional practice certificate shall be determined by the head of the competent authority issuing the professional practice certificate.

3. The composition of the examination committee for issuance of the professional practice certificate established by the construction-related professional body under the Ministry of Construction and the Department of Construction shall include:

a) The chairman of the committee is the leader of the authority issuing the professional practice certificate;

b) The permanent member is a civil servant or staff member of this authority;

c) Other members of the committee are civil servants or staff members with relevant expertise in the field of professional practice being assessed, and experts with professional qualifications in the field of professional practice being assessed if necessary.

4. The composition of the examination committee for issuance of the professional practice certificate established by a professional association shall include:

a) The chairman of the committee is the leader of the professional association;

c) Members of the committee are members of the professional association.

5. The committee operates on a part-time basis, following the rules decided and promulgated by the chairman of the committee.";

17. Supplement Article 56b of Decree No. 59/2015/NĐ-CP as follows:

“Article 56b. Procedure for Issuing and Revoking Construction Business Practice Certificates

1. For the issuance of construction business practice certificates:

a) Individuals submit one set of application files for issuing a construction business practice certificate in accordance with Article 55 of this Decree through online submission, postal service, or direct submission to the competent authority issuing the certificate.

b) From the date of receiving complete and valid application files, the competent authority shall be responsible for issuing the construction business practice certificate within twenty days for the first issuance, upgrading, adjusting, or supplementing the certificate; ten days for reissuing the certificate; and twenty-five days for converting the certificate. In cases where the application files are incomplete or invalid, the competent authority issuing the certificate must notify the individual applying for the certificate once in writing within five days from the date of receipt of the application files.

2. For the revocation of construction business practice certificates:

a) Within ten days from the date of receiving inspection conclusions, including recommendations for revoking the construction business practice certificate, or upon discovering or having grounds to determine any of the circumstances for revoking the certificate as stipulated in Clause 2, Article 44a of this Decree, the competent authority revoking the certificate shall issue a decision to revoke the construction business practice certificate; if not revoked, it must send its opinion in writing to the agency, organization, or individual making the recommendation for revocation.

b) The competent authority revoking the construction business practice certificate shall be responsible for sending the decision to revoke the certificate to the individual whose certificate is being revoked and posting it on its electronic information website; simultaneously, it shall send information for integration onto the electronic information website of the Ministry of Construction within five days from the date of issuing the decision.

c) The individual whose construction business practice certificate is revoked must return the original certificate to the authority issuing the revocation decision within five days from the date of receiving the revocation decision.

d) In cases where the construction business practice certificate is revoked due to errors made by the issuing authority, the competent authority revoking the certificate shall be responsible for reissuing the certificate within five days from the date of receiving the revoked certificate.

đ) In cases where the individual whose construction business practice certificate is revoked fails to return the certificate as required, the competent authority revoking the certificate shall issue a decision declaring the certificate null and void, send it to the individual declared null and void, and post it on its electronic information website; simultaneously, it shall send information for integration onto the electronic information website of the Ministry of Construction.”

18. Supplement Article 56c of Decree No. 59/2015/NĐ-CP as follows:

"Article 56c. Recognition of Professional Social Organizations Meeting Conditions for Issuing Construction Business Practice Certificates

1. A professional social organization meets the conditions for issuing construction business practice certificates when it satisfies the following requirements:

a) It operates in fields related to construction activities and has nationwide scope of operation;

b) It has been permitted by the competent state authority to establish an association and approve the association's charter;

c) It fully meets the material conditions for organizing examinations.

2. Application Files for Recognizing the Conditions for Issuing Construction Business Practice Certificates:

a) An application form in accordance with the model prescribed in Appendix IV of this Decree;

b) A certified copy or a color scanned file from the original or a copy, presenting the original for verification of the document issued by the competent state management authority permitting the establishment of the association and approving the association's charter;

c) A declaration of material conditions for organizing examinations.

3. Procedure for Recognizing the Conditions for Issuing Construction Business Practice Certificates:

a) The professional social organization submits one set of application files in accordance with Clause 2 of this Article via postal service or directly to the Ministry of Construction to be recognized.

b) Within twenty days from the date of receiving complete and valid application files, the Ministry of Construction will examine and issue a Decision recognizing the professional social organization as meeting the conditions for issuing construction business practice certificates. The recognition decision will be sent to the professional social organization and posted on the Ministry of Construction’s electronic information website within five days from the date of issuing the Decision."

19. Supplement Article 56d of Decree No. 59/2015/NĐ-CP as follows:

“Article 56d. Revocation of Decision Recognizing Professional Organizations Meeting Conditions for Issuing Practice Certificates for Construction Activities

1. A professional organization shall have its decision recognizing it as meeting conditions for issuing practice certificates revoked when it falls under any of the following circumstances:

a) It no longer meets one of the conditions stipulated in Clause 1 of Article 56c of this Decree.

b) It issues practice certificates for construction activities not within the recognized scope.

c) It issues practice certificates beyond its authority.

d) It issues practice certificates to individuals who do not meet the required qualification conditions.

2. The Ministry of Construction shall revoke the decision recognizing a professional organization as meeting conditions for issuing practice certificates upon discovering or having grounds to determine that the organization falls under any of the circumstances specified in Clause 1 of this Article. The examination and decision on revoking the recognition decision shall be made within fifteen days from the date of having sufficient grounds for revocation. The revocation decision shall be sent to the professional organization and published on the Ministry of Construction’s electronic information website.”

20. Amend and supplement Clause 19 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

“Article 57. Qualification Conditions for Construction Activities

1. An organization must meet the prescribed qualification conditions when participating in construction activities in the following fields:

a) Construction surveying, including: Topographic survey; geotechnical investigation.

b) Urban planning.

c) Design and design review of construction projects, including: architectural design of construction projects; civil and industrial structural design; mechanical and electrical design of construction projects; water supply and drainage design of construction projects; transportation construction project design; agricultural construction project design and rural development; technical infrastructure construction project design.

d) Project management for investment in construction.

đ) Construction of construction projects.

e) Supervision of construction project construction.

g) Construction inspection.

h) Investment cost management in construction.

2. When participating in construction activities in the fields specified from point a to point e of Clause 1 of this Article, an organization must hold a construction activity capability certificate (hereinafter referred to as the capability certificate).

3. An organization participating in construction activities as stipulated in Clause 1 of this Article must be a business entity according to the Law on Enterprises or an organization with functions to participate in construction activities established in accordance with the law and meeting specific requirements for each field of construction activities as prescribed in this Decree.

4. The capability certificate is valid for a maximum of ten years.

5. The capability certificate has a format and main content according to Model IX of this Decree.

6. The capability certificate is managed through the capability certificate number, which includes two groups of symbols separated by a hyphen (-), specifically as follows:

a) The first group: up to three characters representing the certificate issuing authority as specified in Appendix VII of this Decree.

b) The second group: the capability certificate number.

7. The Ministry of Construction shall uniformly manage the issuance and revocation of capability certificates; manage the issuance of capability certificate numbers; guide the assessment and issuance of capability certificates; publicly list organizations granted capability certificates on its electronic information website; organize the online procedures for issuing capability certificates.”

21. Amend and supplement Article 58 of Decree No. 59/2015/NĐ-CP as follows:

“Article 58. Issuance of Construction Activity Capacity Certificate

1. The capacity certificate shall be issued to organizations in any of the following cases:

a) First issuance or adjustment of the capacity certificate level;

b) Adjustment or supplementation of the contents of the capacity certificate;

c) Reissuance of the capacity certificate due to loss, damage, or expiration of the validity period of the old capacity certificate;

2. The capacity certificate shall be revoked in any of the following cases:

a) The organization that has been issued the capacity certificate ceases construction activities, dissolves, or goes bankrupt;

b) No longer meeting the conditions for construction activity capacity as prescribed;

c) Forging documents in the application dossier for issuance or reissuance of the capacity certificate;

d) Allowing other organizations or individuals to use the capacity certificate;

đ) Altering, erasing, or defacing the contents of the capacity certificate;

e) The capacity certificate was issued beyond authority;

g) The capacity certificate contains errors due to mistakes made by the issuing authority;

h) The capacity certificate was issued without meeting the required capacity conditions as prescribed.

3. Organizations whose capacity certificates have been revoked under points c, d, đ of Clause 2 of this Article may apply for issuance of a new capacity certificate twelve months from the date of the revocation decision. The procedures and formalities for issuing the capacity certificate shall be the same as those for first-time issuance as stipulated in point a of Clause 1 of this Article.

Organizations whose capacity certificates have been revoked under point g of Clause 2 of this Article shall be reissued the capacity certificate according to the procedures and formalities prescribed in Clause 2 of Article 58d of this Decree.”

22. Supplement Article 58a of Decree No. 59/2015/NĐ-CP as follows:

“Article 58a. Authority to issue and revoke construction activity capacity certificates:

1. Authority to issue capacity certificates:

a) The specialized agency under the Ministry of Construction shall issue capacity certificates at Level I;

b) The Department of Construction shall issue capacity certificates at Levels II and III.

2. The authority issuing the capacity certificate is also the authority to revoke the capacity certificate it issues.”

23. Supplement Article 58b of Decree No. 59/2015/NĐ-CP as follows:

“Article 58b. Application Dossier for Issuing Construction Activity Capacity Certificates

1. The initial issuance or adjustment of the capacity certificate level application dossier includes:

a) An application form for issuing the capacity certificate according to the model attached in Appendix V of this Decree;

b) Decision on establishment of the organization in case there is an establishment decision;

c) Decision recognizing the construction laboratory of the organization or a principle agreement on conducting testing work for construction survey with a recognized construction laboratory (for organizations applying for issuance of a capacity certificate for construction survey);

d) Professional practice certificate or declaration of professional practice certificate code in case such certificates have been issued according to the Construction Law 2014 for positions requiring professional practice certificates; relevant educational certificates of individuals participating in the implementation of the work;

đ) Capacity certificate already issued by the competent authority in case of requesting adjustment of the capacity certificate level;

e) Vocational training certificates or diplomas of technical workers suitable for the profession (for organizations applying for issuance of a capacity certificate for construction works);

g) Contract and acceptance record of typical completed works according to the declared content.

h) Documents specified in points b, c, d, đ, e, g of this clause must be certified copies or electronic files containing color photographs of the original or certified copies, presenting the original for verification.

2. The application dossier for reissuance of the capacity certificate includes:

a) An application form for issuing the capacity certificate according to the model attached in Appendix V of this Decree;

b) Certified copy or electronic file containing a color photograph of the original or certified copy, presenting the original for verification of the previously issued capacity certificate, in case of loss of the capacity certificate, the organization must provide a commitment.

3. The application dossier for adjustment or supplementation of the capacity certificate contents includes:

a) An application form for issuing the capacity certificate according to the model attached in Appendix V of this Decree;

a) An application form for conversion of a practice certificate according to the model specified in Appendix III of this Decree accompanied by two color photographs measuring 4x6cm with a white background of the applicant taken within six months;

4. Organizations must pay fees when submitting the application dossier for issuance of the capacity certificate. Collection, payment, management, and utilization of the capacity certificate issuance fee shall be carried out in accordance with the regulations of the Ministry of Finance.”

24. Supplement Article 58c of Decree No. 59/2015/NĐ-CP as follows:

“Article 58c. Examination Board for Issuing Construction Capacity Certificates

1. The head of the competent authority issuing construction capacity certificates shall establish an examination board to assess and issue construction capacity certificates.

2. The composition and number of members of the examination board for issuing construction capacity certificates shall be decided by the head of the competent authority issuing construction capacity certificates.

3. The Examination Board for Issuing Construction Capacity Certificates consists of:

a) The Chairman of the board is a leader of the certificate issuing authority;

b) The permanent member is a civil servant or staff member of this authority;

c) Members of the board participating in the examination are civil servants, officials with relevant expertise in the field of construction capacity certification, and experts with professional qualifications in the field of construction capacity certification when necessary.

 4. The board operates on a part-time basis, according to the Rules decided and promulgated by the Chairman of the board.”

25. Supplement Article 58d of Decree No. 59/2015/NĐ-CP as follows:

“Article 58d. Procedures for Issuing and Revoking Construction Capacity Certificates

1. In cases of issuing construction capacity certificates:

a) An organization submits one set of application documents for issuing a construction capacity certificate in accordance with Article 58b of this Decree through online submission, postal service, or direct submission to the competent authority issuing construction capacity certificates.

b) From the date of receiving complete and valid application documents, the competent authority issuing construction capacity certificates shall issue the construction capacity certificate within twenty days for the first issuance, category adjustment, amendment, or supplement of the certificate; ten days for reissuance of the certificate. If the application documents are incomplete or invalid, the competent authority issuing construction capacity certificates must notify the organization applying for the certificate in writing within five days from the date of receipt of the application documents.

2. In cases of revoking construction capacity certificates:

a) Within ten days from the date of receiving inspection conclusions, which include recommendations for revocation of construction capacity certificates, or upon discovering or having grounds to determine any of the circumstances for revoking construction capacity certificates as stipulated in Clause 2 of Article 58 of this Decree, the competent authority revoking the construction capacity certificate shall issue a decision to revoke the construction capacity certificate; if not revoked, it must provide written feedback to the authorities, organizations, or individuals who have recommended revocation.

b) The competent authority revoking the construction capacity certificate shall send the decision to revoke the construction capacity certificate to the organization whose certificate is being revoked and publish it on its electronic information website; simultaneously, it shall provide information for integration on the electronic information website of the Ministry of Construction within five days from the date of issuance of the decision.

c) The organization whose construction capacity certificate is revoked must return the original certificate to the authority issuing the revocation decision within five days from the date of receipt of the revocation decision.

d) In cases where the construction capacity certificate is revoked due to errors made by the issuing authority, the competent authority revoking the construction capacity certificate shall issue a new certificate within five days from the date of receipt of the revoked certificate.

đ) In cases where the organization whose construction capacity certificate is revoked fails to return the certificate as required, the competent authority revoking the certificate shall issue a decision to invalidate the construction capacity certificate, send it to the organization declared invalid, and publish it on its electronic information website; simultaneously, it shall provide information for integration on the electronic information website of the Ministry of Construction.”

26. Amend and supplement Article 59 of Decree No. 59/2015/NĐ-CP as follows:

“Article 59. Qualification Conditions for Construction Survey Organizations

1. Organizations participating in construction survey activities must meet the conditions specified in Clauses 2 and 3 of this Article.

2. General Conditions:

a) Possess a laboratory or have a written agreement or a principle contract regarding collaboration to perform testing tasks for construction surveys recognized in accordance with regulations;

b) Have machinery and equipment or the ability to mobilize machinery and equipment to serve the survey work of the proposed construction capacity certification field.

3. Conditions for Each Category:

a) Category I:

- The individual responsible for the chief survey position must hold a construction survey practice certificate of Category I that is appropriate for the proposed construction capacity certification field;

- Individuals participating in the survey must have expertise and vocational skills suitable for the type of construction survey registered for the construction capacity certification;

- Must have conducted at least one project from Group A or two projects from Group B or higher, or one construction project from Level I or two construction projects from Level II or higher, all in the same type of survey.

b) Category II:

- The individual responsible for the chief survey position must hold a construction survey practice certificate of Category II or higher that is appropriate for the proposed construction capacity certification field;

- Individuals participating in the survey must have expertise and vocational skills suitable for the type of construction survey registered for the construction capacity certification;

- Must have conducted at least one project from Group B or two projects from Group C or three projects requiring an economic-technical report or higher, or one construction project from Level II or two construction projects from Level III or higher, all in the same type of survey.

c) Category III:

- The individual responsible for the chief survey position must hold a construction survey practice certificate of Category III or higher that is appropriate for the proposed construction capacity certification field;

- Individuals participating in the survey must have expertise and vocational skills suitable for the type of construction survey registered for the construction capacity certification.

4. Scope of Activities:

a) Category I: Can conduct construction surveys for all projects and construction levels in the same field as recorded in the construction capacity certificate.

b) Category II: Can conduct construction surveys for projects up to Group B and construction projects up to Level II in the same field as recorded in the construction capacity certificate.

c) Category III: Can conduct construction surveys for projects in Group C, projects requiring an economic-technical report, and construction projects up to Level III in the same field as recorded in the construction capacity certificate.”

27. Amend and supplement Article 60 of Decree No. 59/2015/NĐ-CP as follows:

“Article 60. Conditions for the capacity of organizations providing planning consultancy services for construction

1. Organizations providing planning consultancy services for construction must meet the corresponding conditions for each level of capacity as follows:

a) Category I:

- Individuals assuming the position of project leader for planning projects, leading architectural-planning departments, urban economics departments, and other technical infrastructure specialties of the planning project must have a Level I professional practice certificate appropriate to the specialized field they undertake;

- Have completed at least one construction planning project within their authority and approved by the Prime Minister, or two construction planning projects (of which at least one is a regional planning project spanning multiple districts, district-level regional planning, or general planning) within their authority and approved by the provincial People's Committee.

b) Category II:

- Individuals assuming the position of project leader for planning projects, leading architectural-planning departments, urban economics departments, and other technical infrastructure specialties of the planning project must have a professional practice certificate from Level II or higher appropriate to the specialized field they undertake;

- Have completed at least one construction planning project within their authority and approved by the provincial People's Committee, or two construction planning projects within their authority and approved by the district People's Committee.

c) Category III:

Individuals assuming the position of project leader, leading architectural-planning departments, urban economics departments, and other technical infrastructure specialties of the planning project must have a professional practice certificate from Level III or higher appropriate to the specialized field they undertake.

2. Scope of activities:

a) Level I: Allowed to prepare all types of construction planning projects.

b) Level II: Allowed to prepare construction planning projects within the approval authority of the provincial People's Committee and the district People's Committee.

c) Level III: Allowed to prepare construction planning projects within the approval authority of the district People's Committee, except for important projects that require agreement from the Ministry of Construction according to the law.”

28. Amend and supplement Article 61 of Decree No. 59/2015/NĐ-CP as follows:

"Article 61. Conditions for the capacity of organizations providing design services for construction works

1. Organizations participating in design activities for construction works must meet the corresponding conditions for each level of capacity as follows:

a) Category I:

- Individuals assuming the position of design project leader, leading design departments must have a Level I professional practice certificate appropriate to the specialized field they undertake;

- Individuals participating in the implementation of design work must have expertise and vocational qualifications suitable to the field and type of construction work for which the professional capacity certificate is registered;

- Have completed design and design review for at least one construction work of Class I or higher, or two construction works of Class II or higher of the same type.

b) Category II:

- Individuals assuming the position of design project leader, leading design departments must have a professional practice certificate from Level II or higher appropriate to the specialized field they undertake;

- Individuals participating in the implementation of design work must have expertise and vocational qualifications suitable to the field and type of construction work for which the professional capacity certificate is registered;

- Have completed design and design review for at least one construction work of Class II or higher, or two construction works of Class III or higher of the same type.

c) Category III:

- Individuals assuming the position of design project leader, leading design departments must have a professional practice certificate from Level III or higher appropriate to the specialized field they undertake;

- Individuals participating in the implementation of design work must have expertise and vocational qualifications suitable to the field and type of construction work for which the professional capacity certificate is registered.

2. Scope of activities:

a) Level I: Allowed to design and review designs for all levels of construction works of the same type.

b) Level II: Allowed to design and review designs for construction works of the same type up to Class II.

c) Level III: Allowed to design and review designs for construction works of the same type up to Class III."

29. Repeal Article 62 of Decree No. 59/2015/NĐ-CP.

30. Amend and supplement Article 63 of Decree No. 59/2015/NĐ-CP as follows:

“Article 63. Conditions for the Capacity of Project Management Consulting Organizations

1. Organizations participating in project management consulting activities must meet the corresponding capacity levels as follows:

a) Category I:

- The individual holding the position of project management director must have a level I practice certificate for project management that matches the type of project for which the capacity certificate is being applied for;

- Individuals responsible for specialized fields must have a level I practice certificate that corresponds to the work they undertake;

- Individuals involved in implementing project management must have expertise and vocational training that match the work they undertake and the type of project for which the capacity certificate is being applied for;

- They must have managed at least one group A project or two group B projects of the same type.

b) Category II:

- The individual holding the position of project management director must have a practice certificate for project management from level II or higher that matches the type of project for which the capacity certificate is being applied for;

- Individuals responsible for specialized fields must have a practice certificate from level II or higher that corresponds to the work they undertake;

- Individuals involved in implementing project management must have expertise and vocational training that match the work they undertake and the type of project for which the capacity certificate is being applied for;

- They must have managed at least one group B project or two group C projects of the same type.

c) Category III:

- The individual holding the position of project management director must have a practice certificate for project management from level III or higher that matches the type of project for which the capacity certificate is being applied for;

- Individuals responsible for specialized fields must have a practice certificate from level III or higher that corresponds to the work they undertake;

- Individuals involved in implementing project management must have expertise and vocational training that match the work they undertake and the type of project for which the capacity certificate is being applied for.

2. Scope of activities:

a) Level I: Can manage projects of the same type;

b) Level II: Can manage projects of the same type up to group B;

c) Level III: Can manage projects of the same type from group C and projects only requiring preparation of economic-technical investment construction reports.

31. Amend and supplement Article 64 of Decree No. 59/2015/NĐ-CP as follows:

“Article 64. Conditions for the Capacity of Investment Construction Project Management Boards

1. The project management director must meet the capacity conditions stipulated in Clause 2 of Article 54 of this Decree;

2. Individuals responsible for specialized fields must have a practice certificate that corresponds to the scale of the project, the level of the works, and the work they undertake.

32. Amend and supplement Article 65 of Decree No. 59/2015/NĐ-CP as follows:

"Article 65. Conditions for the Capacity of Construction Works Implementation Organizations

1. Organizations participating in construction works implementation activities must meet the corresponding capacity levels as follows:

a) Category I:

- The individual holding the position of site commander must meet the conditions to be a level I site commander that corresponds to the specialized field they undertake;

- Individuals responsible for construction in specialized fields must have a bachelor's degree or vocational college degree that corresponds to the work they undertake and have at least three years of work experience for a bachelor's degree, five years for a vocational college degree;

- Technical workers performing construction tasks must have a diploma or training certificate that corresponds to the content for which the capacity certificate is being applied for;

- They must have the ability to mobilize sufficient main machinery and equipment to meet the requirements for constructing works corresponding to the work they undertake;

- They must have directly constructed work related to the main components of the project corresponding to the content for which the capacity certificate is being applied for in at least one project of level I or higher or two projects of level II or higher of the same type.

b) Category II:

- The individual holding the position of site commander must meet the conditions to be a site commander from level II or higher that corresponds to the specialized field they undertake;

- Individuals responsible for construction in specialized fields must have a bachelor's degree or vocational college degree that corresponds to the work they undertake and have at least one year of work experience for a bachelor's degree, three years for a vocational college degree;

- Technical workers performing construction tasks must have a diploma or training certificate that corresponds to the content for which the capacity certificate is being applied for;

- They must have the ability to mobilize sufficient main machinery and equipment to meet the requirements for constructing works corresponding to the work they undertake;

- They must have directly constructed work related to the main components of the project corresponding to the content for which the capacity certificate is being applied for in at least one project of level II or higher or two projects of level III or higher of the same type.

c) Category III:

- The individual holding the position of site commander must meet the conditions to be a site commander from level III or higher that corresponds to the specialized field they undertake;

- Individuals responsible for construction in specialized fields must have a bachelor's degree or vocational college degree that corresponds to the work they undertake;

- Technical workers responsible for construction tasks must have a diploma or training certificate that corresponds to the content for which the capacity certificate is being applied for;

- They must have the ability to mobilize sufficient main machinery and equipment to meet the requirements for constructing works corresponding to the work they undertake.

2. Scope of activities:

a) Level I: Can construct all levels of works of the same type;

b) Level II: Can construct works of level II or lower of the same type;

c) Level III: Can construct works of level III or lower of the same type."

33. Amend and supplement Clause 20 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

"Article 66. Conditions for the Capacity of Construction Works Supervision Organizations

1. Organizations participating in construction works supervision activities must meet the corresponding capacity levels as follows:

a) Level I:

- The individual holding the position of supervision director must have a level I practice certificate for construction works supervision, supervisors must have a practice certificate for construction works supervision that corresponds to the type of works for which the capacity certificate is being applied for;

- They must have supervised construction works of at least one project of level I or higher or two projects of level II or higher of the same type of works for which the capacity certificate is being applied for.

b) Level II:

- The individual holding the position of supervision director must have a practice certificate for construction works supervision from level II or higher, supervisors must have a practice certificate for construction works supervision that corresponds to the type of works for which the capacity certificate is being applied for;

- They must have supervised construction works of at least one project of level II or higher or two projects of level III or higher of the same type of works for which the capacity certificate is being applied for.

c) Class III: Individuals holding the position of construction supervision chief with a construction supervision practice certificate from Class III or higher, and construction supervisors with a construction supervision practice certificate suitable for the type of project registered for the capability certificate;

2. Scope of activities:

a) Class I: Supervise construction of projects of the same type as recorded in the capability certificate;

b) Class II: Supervise construction of projects of the same type as recorded in the capability certificate, up to Class II;

c) Class III: Supervise construction of projects of the same type as recorded in the capability certificate, down to Class III.

34. Amend and supplement Clause 21 Article 1 Decree No. 42/2017/NĐ-CP as follows:

"Article 66a. Conditions of capability for construction inspection organizations

1. Organizations participating in construction quality inspection, cause determination of building defects, service life of building components, construction projects, and inspections to determine causes of construction accidents must meet corresponding conditions for each level of capability as follows:

a) Category I:

- Individuals responsible for leading construction inspections must meet the conditions for a Class I construction inspection practice certificate;

- Individuals participating in construction inspections must have relevant expertise and vocational skills for construction inspection work;

- Have conducted construction inspections on at least one project of Class I or higher, or two projects of Class II or higher of the same type.

b) Class II:

- Individuals leading construction inspections must meet the conditions for a construction inspection practice certificate from Class II or higher;

- Individuals participating in construction inspections must have relevant expertise and vocational skills for construction inspection work;

- Have conducted construction inspections on at least one project of Class II or higher, or two projects of Class III or higher of the same type.

c) Category III:

- Individuals leading construction inspections must meet the conditions for a Class III construction inspection practice certificate;

- Individuals participating in construction inspections must have relevant expertise and vocational skills for construction inspection work.

2. Scope of activities:

a) Class I: Conduct construction inspections on projects of the same type;

b) Class II: Conduct construction inspections on projects of the same type, down to Class II;

c) Class III: Conduct construction inspections on projects of the same type, down to Class III;

3. Organizations participating in construction material quality inspection, structural component inspection, and construction product inspection must meet the following conditions:

a) Must use specialized construction laboratories with tests recognized by competent authorities that are appropriate to the inspection content;

b) Individuals conducting inspections must have relevant expertise for construction inspection work..”.

35. Amend and supplement Article 67 of Decree No. 59/2015/NĐ-CP as follows:

"Article 67. Conditions of capability for organizations providing cost management consulting services for construction investment

1. Organizations participating in construction investment cost management activities must meet the following conditions corresponding to each level of capability as follows:

a) Category I:

- Individuals leading construction investment cost management activities must hold a Class I construction valuation practice certificate;

- Individuals participating in construction investment cost management activities must have relevant expertise and vocational skills for construction investment cost management work;

- Have managed costs for at least one Group A project or two projects from Group B or higher.

b) Class II:

- Individuals leading construction investment cost management activities must hold a construction valuation practice certificate from Class II or higher;

- Individuals participating in construction investment cost management activities must have relevant expertise and vocational skills for construction investment cost management work;

- Have managed construction investment costs for at least one project from Group B or higher, or two projects from Group C, or three projects requiring preparation of economic-technical reports or higher.

c) Category III:

- Individuals leading construction investment cost management activities must hold a construction valuation practice certificate from Class III or higher;

- Individuals participating in construction investment cost management activities must have relevant expertise and vocational skills for construction investment cost management work.

2. Scope of activities:

a) Class I: Can perform all tasks related to construction investment cost management for all projects.

b) Class II: Can perform tasks related to construction investment cost management for projects from Group B or lower.

c) Class III: Can perform tasks related to construction investment cost management for Group C projects and projects only requiring preparation of economic-technical investment construction reports."

36. Repeal Article 68 of Decree No. 59/2015/NĐ-CP

37. Amend and supplement Article 69 of Decree No. 59/2015/NĐ-CP as follows:

"Article 69. Publicizing information about the capabilities of organizations and individuals participating in construction activities

1. Information on construction activity capabilities of organizations and individuals engaged in construction who have been issued certificates must be publicly posted on the electronic information website managed by the authority issuing the certificates, and integrated onto the Ministry of Construction's electronic information website.

2. Procedures for publicizing information on construction activity capabilities:

The authority issuing the certificates is responsible for posting information on the construction activity capabilities of organizations and individuals on its managed electronic information website, and simultaneously sending the information to the construction-related department under the Ministry of Construction for integration onto the Ministry of Construction's electronic information website.

The time limit for publicizing information on construction activity capabilities shall not exceed five days from the date of issuance of the certificate. The time limit for integrating information on the Ministry of Construction's electronic information website shall not exceed three days from the date of receipt of information from the authority issuing the certificates."

38. Amend and supplement Article 71 of Decree No. 59/2015/NĐ-CP as follows:

“Article 71. Conditions for Issuing Construction Business License

1. A foreign contractor shall be issued a construction business license when meeting the following conditions:

a) Having received a decision on winning the bid or being selected by the project owner;

b) Possessing sufficient qualifications in accordance with the construction-related laws applicable to the contracted work.

2. A foreign contractor must form a joint venture with a Vietnamese contractor or use a Vietnamese subcontractor, except in cases where domestic contractors lack the capacity to participate in any part of the tender package. When forming a joint venture or using a Vietnamese subcontractor, the scope, volume, and value of the work performed by the Vietnamese contractor within the joint venture; the Vietnamese subcontractor must be clearly defined.

3. A foreign contractor must commit to fully comply with all relevant Vietnamese laws concerning the activities of accepting tenders in Vietnam.

39. Supplement Article 73a of Decree No. 59/2015/NĐ-CP as follows:

“Article 73a. Revocation of Construction Business License

1. A foreign contractor's construction business license shall be revoked if it falls under any of the following circumstances:

a) Failing to rectify violations after receiving at least two written requests from relevant state management agencies.

b) Having been administratively penalized for work covered by the issued construction business license from the second time onwards.

2. Upon discovering or having grounds to determine that a foreign contractor has violated any of the circumstances stipulated in Clause 1 of this Article, the competent authority issuing the construction business license shall carry out the revocation of the construction business license issued by itself.

The examination and decision on the revocation of the construction business license shall be completed within fifteen days from the date when sufficient grounds for revocation are available. The decision on the revocation of the construction business license shall be sent by the competent authority issuing the construction business license to the foreign contractor whose license is revoked and published on its electronic information website, while also sending information for integration on the Ministry of Construction’s electronic information website.

40. Amend and supplement Clause 22 of Article 1 of Decree No. 42/2017/NĐ-CP as follows:

“Article 74. Rights and Obligations of Foreign Contractors

1. Foreign contractors have the following rights:

a) Request relevant functional agencies to guide the preparation of documents for applying for a construction business license and other issues related to the operation of the contractor as prescribed in this Decree;

b) File complaints and denunciations against acts of violation by organizations and individuals implementing works as prescribed in this Decree;

c) Be protected in their legitimate business interests in Vietnam according to the issued construction business license.

2. Foreign contractors have the following obligations:

a) Establish an office of management at the location of the project after obtaining the construction business license; register the address, telephone number, fax number, email, seal, bank account, tax code of the office of management. For contracts implementing planning for construction, investment projects for construction, construction survey, design of construction works, foreign contractors may establish an office of management at the registered headquarters of the project owner. For contracts implementing construction works passing through multiple provinces, foreign contractors may establish an office of management at a locality where the construction works pass through to perform the work;

b) Register, cancel, and return seals according to the provisions of the law when terminating the contract. Foreign contractors may only use this seal in work serving the implementation of contracts in Vietnam as stipulated in the construction business license;

c) Register and pay taxes according to the provisions of Vietnamese law, implement accounting systems, open accounts, and make payments according to the guidance of the Ministry of Finance and the State Bank of Vietnam to serve business activities according to the contract;

d) Implement recruitment, employment of Vietnamese workers and foreign workers according to the provisions of Vietnamese law on labor; only permitted to register bringing into Vietnam economic managers, technical managers, and highly skilled personnel that Vietnam cannot adequately provide;

đ) Implement export and import procedures for materials, machinery, equipment related to the contract accepted in Vietnam according to the provisions of Vietnamese law;

e) Implement joint venture contracts signed with Vietnamese contractors or using Vietnamese subcontractors determined in the application for a construction business license;

g) Purchase insurance according to the provisions of Vietnamese law for the contractor's work including: Professional liability insurance for investment construction consulting contractors; goods insurance for purchasing contractors; various types of insurance for construction contractors and other insurance systems according to Vietnamese law;

h) Inspect the quality of imported materials and equipment supplied according to the contract accepted;

i) Inspect the safety of construction equipment and transportation means related to the business activities of foreign contractors according to Vietnamese law;

k) Comply with regulations on standards, quality management of construction works, labor safety, and environmental protection as well as other relevant provisions of Vietnamese law;

l) Implement reporting systems as stipulated in the construction business license;

m) Upon completion of the work, foreign contractors must prepare completion documents; bear responsibility for warranty; settle accounts for imported materials and equipment; handle surplus materials and equipment in construction contracts according to import and export regulations; re-export construction materials and equipment registered under the temporary import-reexport system; terminate the contract; and simultaneously notify relevant state management agencies about the termination of the contract and the cessation of the operation of the project management office.

Article 2. Amend and supplement some articles Decree No. 79/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for operating training and professional knowledge enhancement services in residential management, real estate brokerage knowledge, and real estate trading floor operation as follows:

1. Amend and supplement Article 3 as follows:

"Article 3. Conditions for operating training and professional knowledge enhancement services in residential management

Organizations and individuals operating training and professional knowledge enhancement services in residential management must meet the following conditions:

1. Having teaching materials or textbooks appropriate to the framework training program issued by the Ministry of Construction.

2. Being recognized by the Ministry of Construction or an agency authorized by the Ministry of Construction as having the necessary conditions to provide training and professional knowledge enhancement services in residential management."

means projects, works, designs for developing, applying, implementing technology or other tasks within the scope of technical fields managed by technical staff, classified according to types and levels (groups) as stipulated by specialized laws."

 “Article 3a. Documents and procedures for recognizing training institutions meeting the conditions for providing training in residential management knowledge

1. The application package for recognition of training and professional knowledge enhancement institutions in residential management includes:

a) An application form for recognition of the conditions for providing training and professional knowledge enhancement in residential management according to the model prescribed in Appendix X of this Decree.

b) A set of teaching materials or textbooks appropriate to the framework training program issued by the Ministry of Construction, accompanied by at least three sets of examination questions.

2. The procedure for recognizing training institutions meeting the conditions for providing training and professional knowledge enhancement in residential management is as follows:

a) Organizations and individuals wishing to provide training shall send one complete application package as prescribed in Clause 1 of this Article through postal service or directly to the Ministry of Construction.

b) Within fifteen days from the date of receipt of a complete and valid application package, the Ministry of Construction will review and issue a Decision recognizing the training institution's conditions for providing training in residential management knowledge. The recognition decision will be sent to the training institution and publicly posted on the Ministry of Construction’s website within five days from the date of issuing the Decision."

3. Amend and supplement Article 4 as follows:

“Article 4"Conditions for operating training and professional knowledge enhancement services in real estate brokerage practice and real estate trading floor operation

Organizations and individuals operating training and professional knowledge enhancement services in real estate brokerage practice and real estate trading floor operation must have teaching materials or textbooks appropriate to the framework training program issued by the Ministry of Construction."

4. Repeal Clause 1 of Article 5.

Article 3. Repeal the following provisions:

1. Repeal Article 22 of Decree No. 79/2009/NĐ-CP dated December 5, 2009 of the Government on urban lighting management;

2. Repeal Article 19 of Decree No. 64/2010/NĐ-CP dated June 11, 2010 of the Government on urban greenery management;

3. Repeal Articles 27 and 34 of Decree No. 24a/2016/NĐ-CP dated April 5, 2016 of the Government on construction material management;

4. Repeal Article 16 of Decree No. 11/2013/NĐ-CP dated January 14, 2013 of the Government on urban development investment management.

Article 4. Transitional provisions

Transitional provisions for certain contents amended and supplemented in Decree No. 59/2015/NĐ-CP and Decree No. 42/2017/NĐ-CP in this Decree are as follows:

1. Individuals who have been granted a professional practice certificate with a specified validity period under the Construction Law 2003 may continue to use the certificate until its expiration. Based on the construction activity capacity conditions stipulated in this Decree, individuals shall declare and self-determine the grade of their professional practice certificate still in effect to participate in construction activities. The declaration and self-determination of the certificate grade according to the model in Appendix VI of this Decree.

2. Organizations and individuals who have been granted a capacity certificate or professional practice certificate under Decree No. 59/2015/NĐ-CP and Decree No. 42/2017/NĐ-CP may continue to use the certificates until their expiration. In cases where organizations and individuals adjust or supplement the content of the capacity certificate or professional practice certificate, they shall follow the provisions of this Decree.

3. Organizations and individuals who submitted applications for capacity certificates or professional practice certificates before the effective date of this Decree but have not yet received such certificates shall update, adjust, or supplement their applications (if necessary) in accordance with the provisions of this Decree to proceed with the issuance of the certificates.

Article 5. Effective Date

This Decree shall take effect from September 15, 2018.

Article 6. Implementation Organization

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Heads of political organizations, political-social organizations, social-professional organizations, and other relevant organizations and individuals shall be responsible for implementing this Decree.

2. The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree./