Circular No. 11/2014/TT-BXD on Publicizing Information about Construction Capacity of Organizations and Individuals Participating in Construction Activities

CIRCULAR

Regulations on publicly disclosing information about construction activity capacity

of organizations and individuals participating in construction activities

_____________________

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on construction project quality management;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on investment construction project management;

Pursuant to Decree No. 83/2009/NĐ-CP dated October 15, 2009 of the Government amending and supplementing certain articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management;

Pursuant to Decree No. 37/2010/NĐ-CP dated April 7, 2010 of the Government on the preparation, review, approval, and management of urban planning;

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

The Minister of Construction issues this Circular on regulations for publicly disclosing information about construction activity capacity of organizations and individuals participating in construction activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the provision, receipt, examination, publication, and management of information about construction activity capacity in the following fields:

a) Preparation of construction investment project plans;

b) Construction project investment management;

c) Building design planning;

d) Construction project design review;

đ) Specialized construction testing;

e) Construction project quality supervision;

g) Construction project quality inspection and appraisal;

h) Survey, design, and construction of construction projects.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Organizations and individuals within and outside Vietnam who wish to publicly disclose information about their construction activity capacity in the fields mentioned in Clause 1 of this Article on the territory of Vietnam;

b) State management agencies in charge of construction in considering and deciding to publish information on websites they manage;

c) Project investors and investors referring to information about construction activity capacity when selecting organizations and individuals to participate in construction activities.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. The focal agency is the agency designated by the Minister and the Chairman of the People's Committee of provinces and centrally-administered cities to receive, examine, publish, and manage information about the construction activity capacity of organizations and individuals (hereinafter referred to as the Focal Agency), including:

a) Central Focal Agencies: The Construction Activity Management Department is the Focal Agency of the Ministry of Construction. The Focal Agencies of sectoral ministries managing specialized construction projects, the Ministry of Public Security, and the Ministry of National Defense are subordinate units entrusted with the function of managing construction activity capacity;

b) Provincial Construction Departments are Focal Agencies in provinces and centrally-administered cities.

Information about construction activity capacity:

a) Information about construction activity capacity for organizations includes information such as business address, main office address; legal representative; establishment decision; Business Registration Certificate; registered capital; number of staff members in charge of various departments of the organization; quality management system; some outstanding projects according to type and scale of the project already completed and ongoing, participation form, work performed, award forms;

b) Information about construction activity capacity for individuals includes general information such as full name, year of birth, permanent residence address; information about professional qualifications, practice certificates, years of experience in construction fields, outstanding projects already completed and ongoing.

Article 3. Principles for Publicizing Information on the Capacity of Organizations and Individuals Engaged in Construction Activities

1. All information on construction capacity provided by organizations and individuals must be accurate and truthful. When there is a change in information, organizations and individuals have the responsibility to provide adjusted information to the lead agency as stipulated in Article 8 of this Circular.

2. The lead agency shall examine and verify, if necessary, the information on construction capacity of organizations and individuals to publicly announce on the electronic information website managed by the management agency.

3. All information on construction capacity of organizations and individuals published on the electronic information websites of the lead agencies must be transferred to the Ministry of Construction (Construction Activity Management Department) for data integration and public announcement on the electronic information website managed by the Ministry of Construction as the basis for selecting organizations and individuals participating in construction activities nationwide as prescribed in Clause 3, Article 8 of Government Decree No. 15/2013/NĐ-CP dated February 6, 2013 on construction quality management.

Chapter II

PROVISION, UPLOADING AND MANAGEMENT OF CAPACITY INFORMATION

Clause 4. Summary tables of information and data on construction activities are specified in Appendix IV of this Circular.

Article 4. Provision of Construction Capacity Information

1. Organizations and individuals engaged in construction activities that wish to publish information on their construction capacity shall submit registration forms, registration file for information publication, and registration dossier for capacity publication according to the model specified in Article 5 of this Circular to the lead agency for examination and publication on the electronic information website of the lead agency. Files sent to the lead agency must be formatted in (.pdf; .doc; .docx; .zip; .rar).

2. The registration form for information publication shall be filled out according to the models attached to this Circular, including:

a) Appendix No. 01 for organizations publishing information;

b) Appendix No. 02 for individuals publishing information.

3. Registration dossier for capacity publication includes:

a) Certified true copies (.pdf format) of various documents of the organization: Business Registration Certificate; Investment Certificate issued in accordance with the law; registration of activities by the competent authority of the country where the contractor holds citizenship in the case of foreign contractors;

b) Certified true copies (.pdf format) of various documents of the individual: Educational certificates, training certificates, practice licenses, Labor Contracts of the individuals in charge of departments within the organization.

4. For foreign construction organizations, the registration form, registration dossier for capacity publication, and related documents must be translated into Vietnamese and notarized or legalized by consular certification.

Article 5. Lead Agencies

1. The Construction Activity Management Department under the Ministry of Construction shall accept registration for information publication from construction organizations directly under the Ministry; organizations managed by the State Capital Investment Corporation; construction organizations directly under the Ministry of Public Security, the Ministry of National Defense participating in construction projects outside the security and defense fields; organizations operating under Investment Certificates; construction organizations established by research institutes, universities, and professional associations; construction organizations established in Vietnam with 100% foreign capital; foreign construction organizations participating in capacity publication in Vietnam; construction organizations under lead agencies specified in Clause 1, Article 2 of this Circular but the lead agencies do not yet have the infrastructure conditions to publish information; other entities not specified in Clauses 2 and 3 of this Article.

2. Lead agencies under the Ministry of Transport, the Ministry of Industry and Trade, and the Ministry of Agriculture and Rural Development shall accept registration for information publication from construction organizations directly under the respective ministries they manage.

3. The Construction Departments shall be the lead agencies accepting registration for information publication from construction organizations that have obtained Business Registration Certificates from the Business Registration Office under the Planning and Investment Department at the local level and from individuals who have been granted practice certificates by the Construction Departments, except for organizations specified in Clauses 1 and 2 of this Article.

Article 6. Disclosure of Information

1. Within seven working days from the date of receiving the registration file, the receiving department of the lead agency shall conduct a check and review the validity of the file. In case the file is invalid, the lead agency may only notify the organization or individual once in writing.

2. The lead agency shall check and review the disclosure file regarding:

a) The validity and accuracy of the file;

b) The actual capacity of the organization or individual when necessary.

During the inspection process, if there are discrepancies in the information about the capacity of the organization or individual, the lead agency must issue a written request for the organization or individual to explain and provide corrected information.

3. Within thirty working days from the date of receiving complete valid information about operational capacity provided by the organization or individual, the lead agency has the responsibility to disclose such information on its managed electronic website and send a confirmation letter of disclosure to the organization or individual.

4. After disclosing the information on the electronic website, within seven working days, the lead agencies have the responsibility to report and send the file to the lead agency of the Ministry of Construction for management and integration of the disclosed information about the capacity of organizations and individuals engaged in construction activities onto the Ministry of Construction's website at www.moc.gov.vn.

Article 7. Archiving of Disclosure Files

1. The lead agency is responsible for archiving the disclosure files according to the provisions of the law to serve inspection work and supplement information for disclosure.

2. The archived files include those mentioned in Clause 2, 3, and 4 of Article 4 of this Circular and any supplementary or amended files.

Article 8. Amendment and Supplement of Information

1. Annually or within ten working days from the date of changes or adjustments to the disclosure file, the organization or individual is responsible for providing amended information in writing along with formatted files (.pdf; .doc; .docx; .zip; .rar) to the lead agency.

2. Within a maximum of twenty working days from the date of receiving the amended information, the lead agency is responsible for checking the information and posting the amended information of the organization or individual on its managed electronic website. Thereafter, it must immediately report and send the amended file to the Ministry of Construction for adjustment.

Article 9. Management of Information Posting

1. The Ministry of Construction discloses information about the capacity of organizations and individuals engaged in construction activities nationwide on its electronic website. The information on www.moc.gov.vn about the operational capacity of organizations and individuals serves as a basis for selecting organizations and individuals to participate in construction activities in the fields specified in Clause 1 of Article 1 of this Circular.

2. The Department of Construction takes the lead in coordinating with the Departments of Transportation, Industry and Trade, Agriculture and Rural Development during the inspection and management of information of organizations and individuals that have been disclosed.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of Organizations and Individuals Providing Information on Operational Capacity in Construction Activities

1. Implement the principle of information provision as stipulated in Clause 1 of Article 3 of this Circular.

2. The legal representative of the organization and the individual must be responsible before the lead agency and the law for the truthfulness and accuracy of the provided information.

Article 11. Responsibilities of Relevant Authorities

1. The Ministry of Construction shall be responsible for:

a) Inspect or coordinate with the Ministry of Transport, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Construction Departments at local levels, and specialized construction management departments to inspect activities, review, and publish information on the operational capacity of organizations and individuals as stipulated in Clause 2 and Clause 3 of Article 5 of this Circular;

b) Receive, inspect information and data provided by the lead agencies of the Ministry of Transport, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and local Construction Departments for publication on the electronic information website managed by the Ministry regarding the operational capacity of organizations and individuals involved in construction projects nationwide;

c) Continuously monitor, manage, and inspect access, exploitation, operation, and handling of published information on the operational capacity and activity status of organizations and individuals throughout the country;

d) Decide to remove published information on the operational capacity of organizations and individuals who violate regulations from the electronic information website managed by the Ministry and recommend that the lead agencies of the Ministry of Transport, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and local Construction Departments remove the names of violating organizations and individuals from their managed electronic information websites. The removal of information is regulated in Article 13 of this Circular.

2. Lead Agencies of the Ministry of Transport, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and local Construction Departments shall be responsible for:

a) Organizing the receipt, guidance, publication, and inspection of the implementation of this Circular for organizations and individuals under their management responsibility;

b) Continuously monitoring, managing, and inspecting access, exploitation, operation, and handling of published information on the operational capacity and activity status of organizations and individuals as stipulated in Clause 2 and Clause 3 of Article 5 of this Circular;

c) Deciding to remove published information on the operational capacity of violating organizations and individuals from their managed electronic information websites. At the same time, send the results of the removal to the Ministry of Construction for coordinated management.

3. Professional Associations, organizations, and individuals shall promptly reflect to the lead agencies if they discover changes, adjustments, or inaccuracies in the published information of organizations and individuals participating in construction activities.

Article 12. Violations by Organizations and Individuals Who Have Published Information

1. Providing incorrect information or failing to declare and report changes in information as required. Violating Clause 1 of Article 8 of this Circular.

2. Violating laws in construction activities as stated in a valid judgment.

3. Participating in construction activities beyond their capacity conditions.

Article 13. Removal of Published Information on Operational Capacity of Organizations and Individuals

1. Organizations and individuals involved in construction activities who commit violations as stipulated in Article 12 of this Circular will be notified in writing and on the electronic information website of the lead agency.

2. Within 60 working days from the date of discovering the violation, if the organization or individual does not provide explanations or rectify damages caused by the violation, the published information will be removed from the electronic information website of the lead agency.

Article 14. Transitional Provisions

Organizations currently implementing information publication according to Decision No. 02/2008/QD-BXD dated February 20, 2008, of the Minister of Construction on the management of information on the operational capacity of construction organizations on the electronic information website of the Ministry of Construction must adjust and provide additional information and data in accordance with this Circular and submit them to the lead agency for continued public disclosure on the Ministry of Construction's electronic information website.

Article 15. Implementation Provisions

1. This Circular takes effect from October 10, 2014. It replaces Decision No. 02/2008/QD-BXD dated February 20, 2008, of the Minister of Construction on the management of information on the operational capacity of construction organizations through the Ministry of Construction's electronic information website. All provisions on information publication stipulated in some Circulars issued by the Ministry of Construction that contradict the regulations of this Circular are abolished.

2. Thirty days after the effective date of this Circular, all information of organizations published according to Decision No. 02/2008/QD-BXD dated February 20, 2008, of the Ministry of Construction will no longer be valid.

3. The Ministry of Transport, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, provincial People's Committees, Construction Departments, specialized construction management departments, and related organizations and individuals shall be responsible for implementing the provisions of this Circular.

4. During the implementation process, if there are difficulties, organizations and individuals are advised to send their opinions to the Ministry of Construction for research and appropriate amendments and supplements./.