Circular No. 12/2009/TT-BXD detailing the issuance of construction practice certificates

CIRCULAR

Detailed guidance on issuing practice certificates for construction activities

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Pursuant to Decree No. 17/2008/NĐ-CP dated April 2, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

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

The Ministry of Construction provides detailed guidance on issuing practice certificates for construction activities as follows:

PART I

GENERAL PROVISIONS

Article 1. Recipients of practice certificates for construction activities

1. Practice certificates for architects, construction engineers, and construction project supervision (hereinafter collectively referred to as practice certificates for construction activities) 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 certificates and meeting the corresponding qualification conditions specified in Articles 38, 39, and 40 of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management (hereinafter referred to as Decree 12/CP).

2. Foreign individuals or overseas Vietnamese who already hold practice certificates issued by foreign authorities and which remain valid may have their certificates recognized for practice purposes. When practicing in Vietnam, these individuals must submit certified translations of their practice certificates to the local Department of Construction where they practice for management purposes.

3. Individuals who are civil servants engaged in administrative state management work shall not be issued practice certificates for construction activities.

Article 2. Practice Certificates for Construction Activities

1. Practice certificates for construction activities shall be uniformly issued by the Ministry of Construction; the certificate has a hard cover, measuring 85 mm x 125 mm, following the format specified in Appendices 3A, 3B, and 3C of this Circular and having the following colors:

a) Architect practice certificate in blue.

b) Engineer practice certificate in brown.

c) Construction project supervision practice certificate:

- Red for those with a bachelor's degree.

- Pink for those with an associate's degree or a diploma.

2. Certificate numbering:

a) The certificate number consists of three groups of symbols as follows:

- First group: Symbol according to the type of certificate (architect practice certificate: KTS, engineer practice certificate: KS, construction project supervision practice certificate: GS1 for red, GS2 for pink).

- Second group: Local telephone code (province, centrally governed city).

- Third group: Certificate serial number consisting of five digits.

These groups are connected by a hyphen (-).

Example: An individual issued an architect practice certificate by the Hanoi Department of Construction will have a certificate number as follows: KTS-04-00001.

b) Symbol for renewed certificates:

For renewed certificates, after the third group, letters A (B, C) indicate renewal for the first (second, third) time.

Example: An individual previously issued an architect practice certificate by the Hanoi Department of Construction now requests a renewed certificate due to loss, damage, expiration, or first-time revocation; the renewed certificate number will be recorded as follows: KTS-04-00001-A.

3. Contents of the practice certificate for construction activities include:

a) Personal information of the certificate holder;

b) Professional qualifications obtained through training;

c) Scope of permitted practice;

d) Validity period of the certificate;

e) Other instructions.

4. Authority to issue practice certificates:

The Director of the Department of Construction shall issue practice certificates for construction activities and manage practice activities at the local level in accordance with Decree 12/CP, this Circular, and other relevant laws.

5. The practice certificate for construction activities is valid for a period of five years, and upon expiration, procedures for renewal must be followed.

Article 3. Advisory Council for Issuing Practice Certificates

1. The Advisory Council for Issuing Practice Certificates in Construction Activities (hereinafter referred to as the Advisory Council) shall be established by the Director of the Department of Construction to assist the Director of the Department of Construction in reviewing applications for practice certificates in construction activities, specifically:

a) Depending on the type of application for a practice certificate and the situation in each locality, the Director of the Department of Construction shall decide on the composition, organizational structure, and number of members of the Advisory Council appropriately, with the Chairman of the Council being a leader from the Department of Construction and the permanent member being a civil servant of the Department of Construction.

b) Members participating in the Advisory Council are individuals with professional qualifications, work experience, and reputation representing relevant departments with specialized construction (Department of Agriculture and Rural Development, Department of Transport, Department of Industry and Trade, Department of Construction) and professional associations at the central or local level introduced to the Director of the Department of Construction for consideration and decision.

2. The Advisory Council has a term of three years.

3. The Advisory Council operates according to the Regulation decided and issued by the Director of the Department of Construction in accordance with the guidelines set out in Appendix 4 of this Circular.

Article 4. Determining the Period of Professional Experience for Reviewing Applications for Practice Certificates

1. The period of experience is calculated from the date when the individual officially participates in construction activities within the scope corresponding to the content of the application for registration of professional practice.

2. For individuals who have participated in construction activities since graduation from university but have not yet met the required time stipulated, if they previously had a college or vocational diploma and have been involved in design, construction, or construction supervision, that period will be considered as professional experience for reviewing applications for practice certificates.

Article 5. Rights and Obligations of Individuals Applying for Practice Certificates

Individuals applying for practice certificates have the following rights and obligations:

1. Rights:

a) Request information on the issuance of practice certificates;

b) Engage in professional practice nationwide in accordance with the provisions of the law;

c) Lodge complaints or denunciations against violations of the regulations of Decree 12/CP and this Circular;

2. Obligations:

a) Truthfully declare the application for a practice certificate in accordance with the provisions of this Circular; bear legal responsibility for the accuracy of the application; pay the prescribed fee;

b) Practice in accordance with the content of the issued certificate, accept and perform construction activities within the permitted scope of the practice certificate, and comply with the construction laws and other related laws;

c) Not allow others to lease, borrow, or use the certificate for professional practice;

d) Not arbitrarily erase or alter the certificate;

đ) Not violate professional ethics;

e) Present the certificate and comply with inspection and examination requirements when requested by competent authorities.

PART II

ISSUE OF PRACTICE CERTIFICATES FOR CONSTRUCTION ACTIVITIES

Section 1

ORGANIZATION OF ISSUING PRACTICE CERTIFICATES

Article 6. Conditions for Issuing Practice Certificates in Construction Activities

Individuals receiving practice certificates in construction activities must meet the following conditions:

1. General conditions:

a) Have citizen rights and sufficient capacity for civil acts as provided by law; for foreigners and overseas Vietnamese, they must have a residence permit in Vietnam as provided by law;

b) Have professional ethics and submit an application for a practice certificate in accordance with Article 7 of this Circular and pay the prescribed fee.

2. Conditions for issuing a practice certificate for architects:

a) Meet the conditions stipulated in Clause 1 of this Article;

b) Hold a bachelor's degree or higher in architecture or urban planning from a legally recognized educational institution in Vietnam or abroad;

c) Have at least five years of experience in design work and have participated in designing at least five approved architectural projects or five urban planning projects.

3. Conditions for issuing a practice certificate for engineers:

a) Meet the conditions stipulated in Clause 1 of this Article;

b) Hold a bachelor's degree or higher in a relevant field corresponding to the registered practice content from a legally recognized educational institution in Vietnam or abroad;

c) Have at least five years of experience in the applied field and have participated in designing or surveying at least five projects.

4. Conditions for issuing a practice certificate for construction project supervision:

a) Meet the conditions stipulated in Clause 1 of this Article;

b) Hold a bachelor's degree or higher (for red-colored certificates) or a college or vocational diploma (for pink-colored certificates) in a relevant field corresponding to the registered practice content from a legally recognized educational institution in Vietnam or abroad.

c) Have directly participated in designing or constructing for at least three years or have participated in designing or constructing at least five completed and handed-over projects.

d) Have supervised construction projects for at least three years (applicable to cases before the Construction Law came into effect).

đ) Hold a training certificate in construction project supervision suitable for the type of project for which the certificate is applied, issued by a training institution recognized by the Ministry of Construction.

Article 7. Documents for Applying for a Professional Practice Certificate in Construction Activities

The documents for applying for a professional practice certificate in construction activities include the following:

1. An application form for a professional practice certificate according to the model set out in Appendix No. 1 of this Circular.

2. Copies of relevant certificates and diplomas related to the content of the requested professional practice certificate. A copy of the certificate confirming vocational training in construction project supervision for cases requesting a professional practice certificate in construction project supervision.

3. A statement of professional experience in construction activities related to the field of the requested professional practice certificate according to the model set out in Appendix No. 2 of this Circular. The statement must be confirmed by the direct managing agency, organization, or professional association (if the applicant is a member of such an association). The person signing the confirmation shall bear responsibility for the truthfulness of the confirmed content.

Article 8. Procedures and Formalities for Issuing a Professional Practice Certificate in Construction Activities

1. The applicant submits two sets of documents (including two color photographs measuring 3x4 inches taken within the year of application) as prescribed in Article 7 to the Department of Construction where the professional practice certificate is requested.

2. Within five working days from the date of receiving the documents, the Department of Construction shall have the responsibility to check and request additional documents if they are missing or not valid; and assign the Advisory Board to study and review the documents.

3. Within thirty working days from the date of receiving complete and valid documents, the Department of Construction shall organize the issuance of the professional practice certificate in accordance with the regulations.

4. The Director of the Department of Construction decides to issue a professional practice certificate to individuals who meet the required conditions.

5. The collection and use of fees for issuing a professional practice certificate (including cases of reissuance or supplementation of professional content) shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 9. Reissuance or Supplementation of Professional Practice Certificate Content

1. A professional practice certificate in construction activities may be reissued or supplemented under the following circumstances:

a) The old certificate has expired.

b) To supplement the scope of practice;

c) The old certificate is torn or damaged.

d) The certificate is lost.

đ) The certificate was revoked by the competent authority and the revocation period has expired.

2. Conditions for reissuance of a professional practice certificate:

a) Submitting an application for reissuance of a professional practice certificate at the Department of Construction that issued the old certificate.

b) Having the old certificate (for cases where the old certificate is torn or damaged, or for requesting supplementation of professional content or when the certificate has expired).

c) Providing copies of relevant certificates and diplomas and a statement of professional experience related to the content of the requested supplementation of professional content (for cases requesting supplementation of professional content).

d) Not violating any regulations on construction activities and related laws.

3. The time limit for reissuance or supplementation of professional practice certificate content is the same as for new applications. The Department of Construction shall have the responsibility to consider and issue the certificate to those meeting the required conditions.

In cases of reissuance due to loss or tearing/damage, the Director of the Department of Construction shall make the decision independently without going through the Advisory Board.

4. The content and validity period of the reissued certificate shall be recorded as follows:

a) Recorded according to the original content and validity period for cases of loss or tearing/damage.

b) Supplementing the professional content according to the original validity period for cases requesting supplementation of professional content.

c) For expired cases, the content and validity period recorded in the certificate shall be implemented according to the regulations for new issuances.

Section 2

GUIDELINES FOR CONTENT REVIEW FOR ISSUING PROFESSIONAL PRACTICE CERTIFICATES

Article 10. Fields of Practice for Construction Activities

Based on the professional qualifications and experience in construction activities of the individual applying for a practice certificate, the issuance of a practice certificate shall be considered for the following fields of activity:

1. The fields of practice for architects include:

a) Urban planning design;

b) Architectural design of structures;

c) Interior and exterior design of structures.

2. The fields of practice for engineers engaged in construction activities include:

a) Construction surveying including:

- Topographic surveying;

- Geotechnical investigation;

- Hydrogeological investigation.

b) Construction design including the following main specialties:

- Structural design of structures;

- Electrical design of structures;

- Mechanical and electrical design of structures;

- Water supply and drainage design;

- Heating design;

- Ventilation and air conditioning design;

- Telecommunication network design within construction projects;

- Fire prevention and firefighting design;

- Other specialty designs.

3. The field of professional supervision of construction works:

a) Supervision of construction surveying work including:

- Supervision of geotechnical investigation work;

- Supervision of hydrogeological investigation work;

b) Supervision of construction and completion work;

c) Supervision of installation of equipment in structures;

d) Supervision of installation of technological equipment.

Article 11. Content of Issuance of Practice Certificates

The scope of practice for construction activities permitted by the Advisory Board shall be based on the principle that if an individual has been trained in similar majors, the scope of practice will mainly be based on their actual construction experience, specifically as follows:

1. For the architect's practice certificate:

The architect's practice certificate shall be issued to individuals with a university degree in architectural engineering or urban planning. The scope of practice does not necessarily depend on the major they were trained in but primarily depends on the time and practical experience they have in designing architectural structures, urban planning, or interior and exterior design of structures. If the individual has sufficient time and practical experience in designing architectural structures, interior and exterior design of structures, or urban planning according to regulations, they may be allowed to practice in one or all of these areas.

Example: A person who graduated with a university degree in architectural engineering, having five years of architectural design experience, participating in the design of five structures and five urban planning projects, would be eligible for an architect's practice certificate covering architectural design, interior and exterior design of structures, and urban planning.

2. For the engineer's practice certificate:

The engineer's practice certificate shall be issued to individuals with a university degree in majors related to construction surveying and structural design. The scope of practice is as follows:

a) For individuals with a university degree in geotechnical investigation or hydrogeological investigation: the scope of practice does not necessarily depend on the specific surveying major they were trained in but primarily depends on the time and practical experience they have in performing such surveys.

Example: An individual who graduated with a university degree in geotechnical investigation but has five years of topographic surveying experience, participating in the topographic surveying of five structures, would be eligible for an engineer's practice certificate covering topographic surveying of construction projects.

b) For individuals with a university degree in construction or a college or vocational degree in construction surveying, if they have five years of topographic surveying experience and participated in the topographic surveying of five structures, they would be eligible for an engineer's practice certificate covering topographic surveying within the scope of investment construction projects.

c) For individuals with a university degree in construction (such as civil and industrial construction, transportation construction, water resources construction): the scope of practice does not necessarily depend on the specific construction major they were trained in but primarily depends on the time and practical experience they have in designing civil, industrial, transportation, or water resources structures.

Example: An individual who graduated with a university degree in water resources construction but has five years of experience in designing civil structures, participating in the design of at least five civil structures, would be eligible for an engineer's practice certificate covering the design of civil structures.

d) For individuals with a university degree in other majors related to structural design (such as water supply and drainage; mechanical and electrical design of structures; heating design; ventilation and air conditioning design; telecommunication design; fire prevention and firefighting design): the scope of practice must be consistent with the major they were trained in and based on the time and practical experience they have in performing such designs.

Example: An individual who graduated with a university degree in mechanical engineering or electrical engineering would only be eligible for an engineer's practice certificate covering mechanical and electrical design of structures if they have at least five years of experience in this field, having designed at least five projects.

3. For the practice certificate for construction project supervision:

Individuals with a university degree in construction (such as civil and industrial construction; transportation construction; water resources construction), if they have participated in designing or constructing (or supervising construction before the Construction Law took effect) for at least three years or have participated in designing and constructing five completed projects in any type of structure, would be eligible to supervise construction "construction and completion" for that type of structure.

Example: A person who has graduated from a university majoring in civil and industrial construction but has participated in designing or constructing hydraulic projects for three years or more, or has designed and constructed five hydraulic projects that have been accepted for inspection, shall be considered for issuance of a professional practice certificate for construction project supervision, with the specialized field of supervision being "construction and completion" and the type of project being hydraulic works.

b) For the fields of professional supervision "installation of construction equipment" and "installation of technological equipment," certificates shall only be issued to individuals belonging to relevant majors (such as electrical engineering, mechanical engineering, heating, ventilation, air conditioning, telecommunications, fire prevention and extinguishing...) if such individuals have participated in designing or constructing (or before the Construction Law came into effect, supervising construction) works related to these majors for three years or more, then the scope of permitted professional activities is supervision of "installation of construction equipment" or "installation of technological equipment" or both of these scopes if the individual meets the required time and experience stipulated for each respective field.

The professional practice certificate for construction project supervision issued to individuals with a college or secondary vocational education level shall be pink in color. The scope of professional activities for supervision of construction projects at Level IV. The content to be recorded on the professional practice certificate shall be similar to the guidance provided in points a and b of this clause.

Chapter III

IMPLEMENTATION

Article 12. Inspection and Supervision

1. The Ministry of Construction assigns the Department of Construction Activity Management to take the lead in coordinating with relevant units to be responsible for:

a) Providing guidance and inspecting the implementation of this Circular throughout the country.

b) Compiling information on the issuance of professional practice certificates and management of professional activities in the construction sector nationwide.

2. The Construction Department shall be responsible for:

a) Providing information to relevant parties regarding the issuance of professional practice certificates;

b) Establishing an Advisory Board to review and issue professional practice certificates;

c) Receiving applications, and if the application is incomplete or does not comply with regulations, within five working days, notify the applicant to supplement the missing information;

d) Issuing a professional practice certificate to individuals who meet the prescribed qualification conditions;

đ) Not issuing a professional practice certificate to individuals who do not meet the prescribed qualification conditions;

e) Inspecting and supervising the professional activities of individuals within their administrative jurisdiction;

g) Revoking the professional practice certificate of individuals who violate regulations according to the provisions;

h) Handling violations in professional activities in the construction sector within their authority or referring them to competent authorities for handling;

i) Publishing on the Ministry of Construction's electronic information website information about the issuance of professional practice certificates and information about cases of violation handling as stipulated in Article 13 of this Circular;

k) Resolving complaints and reports of violations in the implementation of this Circular within their authority or reporting to higher authorities for consideration and handling;

l) Storing original files;

m) Reporting periodically every six months or annually to the Ministry of Construction on the situation of professional practice certificate issuance; management of professional activities in the construction sector at the local level.

Article 13. Handling Violations

1. Individuals applying for a professional practice certificate who forge documents or make false declarations shall not be considered for issuance of a professional practice certificate for a period of one year.

2. Individuals who have already been issued a professional practice certificate and violate the provisions of this Circular and related laws shall be handled as follows:

a) Revocation of the professional practice certificate for a period of one year, if there is a discovery of false declarations in the application for issuance of the professional practice certificate or if they engage in professional activities not in accordance with the content recorded on the certificate;

b) Revocation of the professional practice certificate for a period of three years, if they arbitrarily erase, alter the certificate; lend, lease, or allow others to use the certificate for professional activities; or violate other laws related to construction activities;

c) In addition to having their professional practice certificate revoked, depending on the severity of the violation, the violator may also be subject to administrative penalties, compensation for damages, or criminal liability as stipulated by law.

3. Competent Authority for Handling Violations:

a) The Construction Departments shall revoke the professional practice certificates issued by themselves for the cases of violation specified in point a and b of Clause 2 of this Article (or upon request from the Ministry of Construction). At the same time, they shall inform the Ministry of Construction and relevant agencies so that they can handle the matter within their authority.

b) The Ministry of Construction shall handle agencies and individuals who violate the provisions during the process of issuing professional practice certificates.

Article 14. Implementation Provisions

The following professional certificates remain valid and may continue to be used until their expiration date as indicated on the certificates:

1. The chief architect project certificate issued according to the Decision No. 91/BXD-ĐT dated April 16, 1993 of the Minister of Construction on promulgating the Architect Practice Regulations;

2. The construction project design practice certificate issued according to the Decision No. 23/2000/QĐ-BXD dated November 13, 2000 of the Minister of Construction on promulgating the Construction Project Design Practice Certificate Issuance Regulations;

3. The construction project supervision practice certificate issued according to the Decision No. 12/2005/QĐ-BXD dated April 18, 2005 of the Minister of Construction on promulgating the Construction Project Supervision Practice Certificate Issuance Regulations;

4. The architect and engineer practice certificate issued according to the Decision No. 15/2005/QĐ-BXD dated April 25, 2005 of the Minister of Construction on promulgating the Architect and Engineer Practice Certificate Issuance Regulations for construction activities.

When these professional certificates expire, individuals must reapply for the professional certificates in accordance with the provisions of this Circular.

Article 15. Effective Date

1. This Circular takes effect from August 10, 2009.

2. This Circular replaces the following documents:

a) Decision No. 91/BXD-ĐT dated April 16, 1993 of the Minister of Construction on promulgating the Architect Practice Regulations.

b) Decision No. 23/2000/QĐ-BXD dated November 13, 2000 of the Minister of Construction on promulgating the Construction Project Design Practice Certificate Issuance Regulations.

c) Decision No. 12/2005/QĐ-BXD dated April 18, 2005 of the Minister of Construction on promulgating the Construction Project Supervision Practice Certificate Issuance Regulations.

d) Decision No. 15/2005/QĐ-BXD dated April 25, 2005 of the Minister of Construction on promulgating the Architect and Engineer Practice Certificate Issuance Regulations for construction activities./.