Decision No. 12/2005/QD-BXD on Issuing the Regulation on Granting Practice Certificates for Construction Site Supervision

DECISION OF THE MINISTER OF CONSTRUCTION

Regarding the issuance of the Rules on Issuing Professional Practice Certificates for Architects and Construction Engineers

construction project supervision

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Government Decree No. 16/2005/NĐ-CP dated February 7, 2005 on management of construction investment projects;

At the proposal of the Director of the National Construction Quality Inspection Agency and the Legal Department Director,

DECISION:

Article 1. This Decision promulgates the "Regulation on Issuing Professional Certificates for Construction Project Supervision."

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

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

REGULATION ON ISSUING PROFESSIONAL CERTIFICATES FOR CONSTRUCTION PROJECT SUPERVISION

CONSTRUCTION PROJECT SUPERVISION

(Annexed to Decision No.: 12/2005/QĐ-BXD dated April 18, 2005

of the Minister of Construction)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation stipulates the issuance of professional certificates for construction project supervision according to Article 49 and Article 52 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment in construction projects, the rights and obligations of organizations and individuals related to the issuance of professional certificates and the organization of vocational training for construction project supervision.

Article 2. Applicability

1. The professional certificate for construction project supervision shall be issued to individuals who are Vietnamese citizens, overseas Vietnamese, or foreign nationals legally engaged in construction activities in Vietnam with the need to obtain such a certificate, meeting the conditions specified in Article 6 and the dossier specified in Article 7 of this Regulation;

Individuals supervising construction project supervision for the project owner or consulting organizations hired by the project owner, and independent practitioners must hold a professional certificate when engaging in construction project supervision.

2. Foreign individuals or overseas Vietnamese individuals holding a professional certificate issued by an organization or foreign government recognized for practicing construction project supervision in Vietnam, the hiring or directly managing organization has the responsibility to verify their professional certificate when conducting construction activities within Vietnam;

Foreign individuals or overseas Vietnamese individuals engaging in construction project supervision in Vietnam without a professional certificate must apply for issuance according to the provisions of this Regulation.

3. Individuals currently serving as civil servants in administrative state agencies are not eligible to receive a professional certificate for construction project supervision under this Regulation.

Chapter II

ORGANIZATION OF ISSUING PROFESSIONAL CERTIFICATES FOR CONSTRUCTION PROJECT SUPERVISION

CONSTRUCTION PROJECT SUPERVISION

Article 3. Professional Certificate

1. The professional certificate for construction project supervision includes the following contents:

a) Personal information of the certificate holder;

b) Specialized education qualifications;

c) Type of construction project and specialized field of supervision;

d) Validity period of the certificate;

e) Other instructions.

2. Form of the certificate: Hard cover, red front and back, four white pages inside, folded size 85x125 (except for the type of professional certificate used in remote areas which have pink covers). The certificate number consists of two groups of numbers:

a) Administrative region code according to province or centrally governed city code

b) Four-digit serial number of the certificate issued at the local level

c) In case of reissued certificates, after the series of numbers, letters A (B) indicate the first (second) reissue.

Detailed content of the professional certificate for construction project supervision is specified in Appendix 1 of this Regulation.

3. Types of construction projects and specialized fields of supervision:

a) Types of construction projects include civilian, industrial, transportation, water conservancy, and technical infrastructure projects as prescribed in the Government's Decree on Construction Quality Management No. 209/2004/NĐ-CP dated December 16, 2004;

b) Specialized fields of supervision include construction and completion, installation of equipment in construction projects, and installation of technological equipment.

4. The professional certificate for construction project supervision is valid for five years from the date of issuance.

Article 4. Authority to issue professional certificates for construction project supervision

1. The Ministry of Construction uniformly manages and issues professional certificates for construction project supervision. The Installation Department of the Ministry of Construction serves as the focal point assisting the Minister of Construction in carrying out these tasks;

2. Directors of Construction Departments of provinces and centrally governed cities directly issue professional certificates for construction project supervision according to Articles 5, 6, 7, 8, and 9 of this Regulation.

Article 5. Procedures and formalities for issuing professional certificates for construction project supervision

1. Individuals applying for a professional certificate prepare three sets of dossiers as specified in Article 7 of this Regulation and submit them to the Construction Departments of provinces and centrally governed cities where they apply for the certificate;

2. The Construction Department establishes an Advisory Board as specified in Article 8 of this Regulation to organize the issuance of professional certificates to individuals meeting the required conditions;

3. The Construction Department issues professional certificates to individuals meeting the conditions for obtaining a professional certificate based on the list reviewed by the Advisory Board;

4. Within a maximum period of thirty days from the receipt of complete and valid dossiers, individuals meeting the conditions will be issued a professional certificate for construction project supervision. The collection and use of fees for issuing professional certificates shall be carried out in accordance with regulations of the Ministry of Finance.

Article 6. Conditions for Issuing a Professional Practice Certificate for Construction Project Supervision

1. Individuals applying for a professional practice certificate for construction project supervision must meet the following conditions:

a) Having citizen rights and sufficient capacity to engage in civil acts as prescribed by law;

b) Possessing a university degree or higher in a relevant specialty;

c) Having directly participated in design, construction, or supervision of construction projects for at least five years;

d) Holding a training certificate in construction project supervision issued by a training institution recognized by the Ministry of Construction as stipulated in Chapter III of this Regulation;

e) Demonstrating good professional ethics without having caused incidents, damage, or reduced quality of construction projects during supervision work;

f) Being in good health to undertake on-site construction project supervision work.

2. For individuals engaged in construction project supervision in remote areas, their educational qualifications may be accepted if they hold a college or vocational school diploma in a relevant construction specialty. Such certificates are only valid for supervising Class IV construction projects in remote areas as defined in Decree No. 209/2004/NĐ-CP dated December 16, 2004, of the Government.

3. In cases where individuals already possess a professional practice certificate for architect or engineer and apply for a professional practice certificate for construction project supervision, they only need to provide a supplementary training certificate in construction project supervision as specified in Clause 1 of this Article.

Article 7. Application Documents for Issuing a Professional Practice Certificate for Construction Project Supervision

1. An application form for issuing a professional practice certificate for construction project supervision as prescribed in Appendix 2 of this Regulation, accompanied by three color photographs measuring 3x4 inches taken within the year of application;

2. A letter of introduction from the management agency or organization of the applicant;

3. Certified copies of academic diplomas and related training certificates concerning the application for a professional practice certificate;

4. A statement of work experience, listing construction projects directly participated in design, construction, or supervision with confirmation from the direct management agency or relevant professional associations as prescribed in Appendix 3 of this Regulation.

Article 8. Advisory Board for Issuing a Professional Practice Certificate for Construction Project Supervision

1. The Director of the Department of Construction of each province or centrally administered city shall establish an advisory board for reviewing applications for a professional practice certificate for construction project supervision. The advisory board shall consist of between five and seven members including:

a) A representative from the Department of Construction,

b) A representative from a relevant professional association related to the type of construction project and supervision specialty.

c) A representative from reputable construction project supervisors introduced by professional associations.

Depending on the type of construction project and supervision specialty according to the application for a professional practice certificate, the Director of the Department of Construction may invite representatives from specialized construction project management departments to join the advisory board.

2. The Department of Construction shall issue regulations governing the operation of the advisory board as prescribed in Appendix 4 of this Regulation.

Article 9. Reissuing a Professional Practice Certificate

1. A professional practice certificate for construction project supervision shall be reissued in cases where the old certificate has expired, needs to have its scope of practice expanded, or has been lost or damaged.

2. In cases where the professional practice certificate has expired, the individual applying for reissue must submit an application, a statement of professional activities, and a certificate of participation in courses updating knowledge on legal regulations and supervision skills during the period of using the old certificate, confirmed by the direct management agency. For those seeking to expand the scope of practice, in addition to the application and statements mentioned above, they must also submit certified copies of relevant academic diplomas and certificates, and return the old certificate.

3. When the certificate is damaged or lost, the individual applying for reissue must submit an application with confirmation from the direct management agency and return the damaged certificate if it still exists.

4. Procedures for Reissuing a Certificate:

a) Individuals applying for reissuance of a professional practice certificate shall comply with the provisions of Clauses 2 and 3 of this Article and submit the application to the Department of Construction that originally issued the certificate. The Department of Construction will review and reissue the professional practice certificate to eligible individuals within fifteen days from receipt of complete and valid application documents.

b) In cases of reissuing a lost or damaged certificate, the content and validity period of the new certificate shall be identical to the original certificate.

Article 10. Rights and Obligations of Individuals Holding a Professional Practice Certificate for Construction Project Supervision

1. Rights:

a) Request local Departments of Construction to provide information on the issuance of professional practice certificates for construction project supervision;

b) Lodge complaints or reports against violations of this Regulation.

2. Obligations:

a) Truthfully declare application documents, pay fees as prescribed, and bear legal responsibility for the accuracy of the application documents;

b) Engage in professional practice in accordance with the contents of the issued certificate;

c) Not lend, lease, or alter the professional practice certificate;

d) Not violate professional ethics, cause incidents, damage, or reduce the quality of construction projects;

e) Present the professional practice certificate and comply with inspections and audits conducted by state management agencies regarding construction project supervision activities.

Article 11. Rights and Obligations of the Department of Construction

1. Rights:

a) Establish an advisory board to review applications for a professional practice certificate for construction project supervision;

b) Inspect and review applications for a professional practice certificate for construction project supervision in accordance with regulations;

c) Not issue a professional practice certificate for construction project supervision to applicants who do not meet the prescribed standards;

d) Inspect professional practice activities of construction project supervision in the locality;

e) Revoke the certificate from individuals who violate regulations;

f) Require competent authorities to handle violations in construction project supervision activities.

2. Obligations:

a) Provide information to relevant parties about the issuance of professional practice certificates for construction project supervision;

b) Accept registration files for issuing construction site supervision practice certificates;

c) Issue certificates to individuals whose application files meet the requirements and report to the Ministry of Construction;

d) Handle complaints regarding the issuance of construction site supervision practice certificates at the local level within their authority;

e) Retain original files and manage individuals practicing construction site supervision at the local level.

Chapter III

ORGANIZATIONS PROVIDING PROFESSIONAL TRAINING

FOR CONSTRUCTION SITE SUPERVISION

Article 12. Standards for organizations providing professional training for construction site supervision

1. Legal entity status:

Universities, colleges, research institutes specializing in construction, and training institutions under the Ministry of Construction and other ministries with construction specialties.

2. Instructors:

a) Hold a bachelor's degree or higher relevant to the teaching field;

b) Possess practical experience in design, construction, construction site supervision, or related construction research for over ten years.

3. Course materials:

a) Comply with the framework curriculum approved by the Ministry of Construction;

b) May supplement or adjust topics to suit the learner profile and specific areas of construction supervision expertise.

Article 13. Procedures for registering and recognizing organizations providing professional training for construction site supervision

1. Registration:

Organizations applying to provide professional training for construction site supervision must submit a complete set of documents to the Ministry of Construction for recognition, including:

a) A request for organizing training;

b) Legal documentation detailing the organization's legal entity status, specifying the types of construction projects and supervision fields intended for training, facilities, instructor list, organizational experience, and course materials.

2. Review and Recognition:

The Ministry of Construction will review the registration documents for organizations providing professional training for construction site supervision based on training needs, and recognize those meeting the specified conditions within thirty days from receipt of valid applications. The Construction Quality Control Department of the Ministry of Construction is responsible for assisting the Minister in this process.

Article 14. Organizing Training and Issuing Certificates for Professional Training in Construction Site Supervision

1. Training Organization:

a) Conduct continuous training sessions ensuring sufficient time and content as prescribed. Each session shall not exceed two months;

b) The head of the training institution decides on the procedures and fees for organizing training sessions, ensuring reasonable costs are covered and aligning with national regulations on educational fees.

2. Issuing Certificates:

a) The head of the training institution is responsible for establishing an examination board to assess learning outcomes and issue certificates to learners;

b) The content and format of the certificate are stipulated in Appendix 5 of this Regulation;

c) Training institutions manage issued certificates for professional training in construction site supervision, only granting them to learners who meet the required standards, and report the results of certificate issuance to the Ministry of Construction.

Chapter IV

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 15. Inspection and Audit

1. The Ministry of Construction shall be responsible for:

a) Inspect the issuance and revocation of construction site supervision practice certificates nationwide. Annually compile statistics on issued and revoked certificates;

b) Guide and inspect the professional training activities of construction site supervision provided by training institutions;

c) Guide, inspect, and audit the implementation of this Regulation throughout the country.

The Construction Quality Control Department of the Ministry of Construction is responsible for assisting the Minister in implementing the above tasks.

2. The Construction Department shall be responsible for:

a) Inspect the practice of construction site supervision according to the issued certificates within the administrative jurisdiction;

b) Compile and report statistics on issued and revoked certificates to the Ministry of Construction.

Article 16. Handling Violations

1. Construction site supervision practice certificates will be revoked in the following cases:

a) Providing false information in the application file for the certificate;

b) Unauthorized alteration, lending, or renting out the certificate;

c) Violating professional ethics causing accidents or significantly reducing the quality of construction projects.

Individuals violating other obligations stipulated in Article 10 of this Regulation will be warned and recorded. After three warnings, the certificate will be revoked.

2. Organizations and individuals involved in issuing practice certificates and organizing professional training for construction site supervision, if they violate this Regulation, may face disciplinary actions, administrative penalties, or criminal prosecution depending on the severity of the violation, in addition to the measures stipulated in this Regulation.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Implementation

1. Previously issued certificates and certifications that remain valid for use until December 31, 2005, include:

a) Construction project supervision consulting certificates issued by competent state management agencies;

b) Engineering consulting supervision certificates issued by training institutions in accordance with agreed programs with competent state management agencies.

As of January 1, 2006, new certificates must be obtained in accordance with this Regulation when engaging in construction site supervision.

2. Certificates and certifications mentioned in Clause 1 of this Article are considered equivalent to certificates for professional training in construction site supervision for applying for practice certificates under this Regulation if they were issued within five years prior to submitting the application for a construction site supervision practice certificate.

3. Individuals who have not yet obtained certificates or certifications for professional training mentioned in Clause 1 of this Article must apply for a certificate in accordance with this Regulation when engaging in construction site supervision.

4. Training institutions currently providing professional training for construction site supervision in accordance with agreements with competent state management agencies must register for recognition under Chapter III of this Regulation.

Article 18. Effectiveness

This Regulation takes effect fifteen days after its publication in the Official Gazette and is uniformly implemented nationwide.

Repeal the Decisions of the Minister of Construction Nos. 648/QD-BXD dated April 27, 2000 approving the training program for construction quality supervision consulting engineers; No. 647/QD-BXD dated April 27, 2000 establishing the Examination Committee to assess results and issue certificates to participants of the training program for construction quality supervision consulting engineers; and No. 131/QD-BXD dated January 18, 2001 amending and supplementing the Examination Committee to assess results and issue certificates to participants of the training program for construction quality supervision consulting engineers./.