Decision No. 15/2005/QD-BXD on the issuance of the Practice Certificate Regulation for Architects and Construction Engineers

DECISION OF THE MINISTER OF CONSTRUCTION

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

Architect, Construction Engineer

THE MINISTER OF CONSTRUCTION

On the basis of 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;

Considering the proposal of the Director of the Legal Department,

DECISION:

Article 1. The Rules on Issuing Professional Practice Certificates for Architects and Construction Engineers are promulgated together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 91/BXD-ĐT dated April 16, 1993, of the Minister of Construction on the issuance of the Rules on Architectural Practice and Decision No. 23/2000/QĐ-BXD dated November 13, 2000, of the Minister of Construction on the issuance of the Rules on Issuing Professional Practice Certificates for Designing Construction Projects.

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

RULES ON ISSUING PROFESSIONAL PRACTICE CERTIFICATES

FOR ARCHITECTS AND CONSTRUCTION ENGINEERS

(Issued together with Decision No.: 15/2005/QĐ-BXD dated April 25, 2005)

of the Minister of Construction)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These Rules stipulate the issuance of professional practice certificates for architects and construction engineers in accordance with Articles 49, 50, and 51 of Decree No. 16/2005/NĐ-CP dated February 7, 2005, of the Government on the management of investment construction projects; the rights and obligations of organizations and individuals involved in issuing professional practice certificates for architects and construction engineers.

Article 2. Applicability

1. The professional practice certificate for architects engaged in construction and the professional practice certificate for construction engineers shall be issued to individuals who are Vietnamese citizens, overseas Vietnamese, or foreign nationals legally engaged in construction in Vietnam, who have the need to obtain such certificates, meet the conditions specified in Article 7 of these Rules, and possess the required documentation as specified in Article 8 of these Rules.

2. Individuals must hold appropriate professional practice certificates when assuming the positions of chief designer of urban planning projects, leading specialized design within urban planning projects; chief designer of construction project designs, leading specialized design within construction project designs; chief surveyor; and independently practicing urban planning design, consulting construction surveys, and construction project design.

3. Individuals who are civil servants working in state administrative agencies shall not be issued professional practice certificates under these Rules; if such individuals were previously issued professional practice certificates, they may not use those certificates to practice while working in state administrative agencies.

4. Foreign individuals or overseas Vietnamese who already hold professional practice certificates issued by foreign agencies or organizations shall be recognized for practice. Organizations hiring or directly managing such individuals shall be responsible for verifying the contents of their professional practice certificates and shall engage them in construction activities in accordance with their capacity as stipulated by law. Foreign individuals or overseas Vietnamese without professional practice certificates must apply for such certificates in accordance with these Rules before assuming the positions mentioned in Clause 2 of this Article.

Chapter II

ORGANIZATIONS ISSUING PROFESSIONAL PRACTICE CERTIFICATES

FOR ARCHITECTS AND CONSTRUCTION ENGINEERS

Article 3. Professional practice certificates for architects and construction engineers

1. Professional practice certificates issued under these Rules include two types:

a) Professional practice certificate for architects engaged in construction;

b) Professional practice certificate for construction engineers.

2. The professional practice certificate for architects and construction engineers includes the following contents:

a) Personal information of the certificate holder;

b) Specialized education qualifications;

c) Scope and field of authorized practice;

d) Validity period of the certificate;

d) Other instructions.

3. The professional practice certificate for architects and construction engineers shall be uniformly issued by the Ministry of Construction, with the format of the certificate according to Model 3A and 3B of these Rules. The architect’s certificate will be 85mm x 125mm in size, hard cover, blue color, and four white pages inside; the engineer’s certificate will be 85mm x 125mm in size, hard cover, brown color, and four white pages inside.

4. Certificate numbering method:

a) The certificate number consists of two groups of numbers:

- The first group of numbers: Code of the local administrative region (province, centrally governed city);

- The second group of numbers: Serial number of the certificate, which is a four-digit number.

The two groups of numbers are connected by a hyphen (-).

b) Marking for reissued certificates:

- In case of the first reissue, the letter A will be added after the second group of numbers;

- In case of the second reissue, the letter B will be added after the second group of numbers.

5. The professional practice certificate for architects and construction engineers is valid for five years, and upon expiration, procedures for reissuance must be followed.

6. Individuals holding a professional practice certificate for architects and construction engineers are allowed to practice throughout the country in accordance with the law.

Article 4. Fields of practice for architects and construction engineers

1. The fields of practice for architects engaged in construction include:

a) Urban planning design;

b) Architectural design of buildings.

2. The fields of practice for construction engineers include:

a) Construction surveying;

b) Construction project design including: Civil engineering projects, industrial projects, transportation projects, water conservancy projects, technical infrastructure projects (as defined in Decree No. 209/2004/NĐ-CP dated December 16, 2004, on the management of construction quality);

c) Construction project execution.

Article 5. Authority to issue professional practice certificates for architects and construction engineers

1. The Ministry of Construction shall uniformly manage the issuance of professional practice certificates and the practice of architects and construction engineers nationwide; stipulate the contents and uniformly issue professional practice certificates for architects and construction engineers; operate the website on professional practice certificates for construction activities; inspect and audit the issuance of certificates in accordance with these Rules.

2. The Director of the Construction Department of provinces and centrally governed cities shall issue certificates for architects and engineers engaged in construction activities and manage such professional activities locally in accordance with the provisions of this Regulation and relevant laws; coordinate with related agencies to inspect professional activities; coordinate with the Ministry of Construction to manage and operate the website on issuing certificates and professional activities in construction.

3. The Director of the Construction Department shall decide to establish the Advisory Board and promulgate the Operation Regulations of the Advisory Board as stipulated in Appendix 4 of this Regulation.

Article 6. Procedures and formalities for issuing professional practice certificates for architects and engineers engaged in construction

1. Individuals applying for a professional practice certificate shall submit three sets of application files as prescribed in Article 8 of this Regulation to the Construction Department where they apply for the certificate.

2. The Construction Department shall receive and examine the application files, request additional information if necessary, and assign the Advisory Board to study and review the files.

3. Within thirty working days from the date of receiving complete and valid application files, the Construction Department shall organize the examination and issuance of professional practice certificates in accordance with the provisions of this Regulation.

4. The Director of the Construction Department shall decide to issue professional practice certificates to individuals meeting the conditions stipulated in Article 7 of this Regulation; bear responsibility before the Minister of Construction and the law for their decisions.

5. The collection and use of fees for issuing professional practice certificates shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 7. Conditions for issuing professional practice certificates for architects and engineers engaged in construction

1. Conditions for issuing professional practice certificates for architects engaged in construction.

Individuals eligible for a professional practice certificate for architects engaged in construction must meet the following conditions:

a) Possess citizenship rights and have full civil capacity as prescribed by law; Vietnamese citizens must have a national identity card, while foreign citizens and overseas Vietnamese must have a passport and a residence permit in Vietnam as prescribed by law;

b) Hold a bachelor's degree or higher in architecture or urban planning issued by a legitimate organization in Vietnam or abroad;

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

d) Not have caused any incidents due to violations during professional activities;

đ) Submit an application for a professional practice certificate in accordance with Article 8 of this Regulation and pay the prescribed fee.

2. Conditions for issuing professional practice certificates for engineers engaged in construction.

Individuals eligible for a professional practice certificate for engineers engaged in construction must meet the following conditions:

a) Possess citizenship rights and have full civil capacity as prescribed by law; Vietnamese citizens must have a national identity card, while foreign citizens and overseas Vietnamese must have a passport and a residence permit in Vietnam as prescribed by law;

b) Hold a bachelor's degree or higher issued by a legitimate organization in Vietnam or abroad. The major studied must be relevant to the intended professional registration;

c) Have at least five years of experience in the intended professional registration area and have participated in designing or surveying at least five projects;

d) Not have caused any incidents due to violations during professional activities in design or surveying;

đ) Submit an application for a professional practice certificate in accordance with Article 8 of this Regulation and pay the prescribed fee.

Article 8. Application documents for issuing professional practice certificates for architects and engineers engaged in construction

Application documents for issuing professional practice certificates for architects and engineers engaged in construction include the following:

1. An application for a professional practice certificate according to the model in Appendix 1 of this Regulation, accompanied by three color photographs measuring 3 x 4 inches taken within the year of application;

2. A letter of introduction from the agency or organization directly managing the applicant or the People's Committee of the commune (township, town) where the applicant resides if not employed in an agency or organization;

3. Copies of relevant diplomas and certificates related to the application for a professional practice certificate;

4. A statement of professional experience in construction activities according to the model in Appendix 2 of this Regulation, confirmed by the direct management agency or organization or the professional association; the person signing the confirmation bears responsibility for the truthfulness of the confirmed content.

Article 9. Composition of the Advisory Board for issuing professional practice certificates for architects and engineers engaged in construction

1. The Advisory Board for issuing professional practice certificates for architects engaged in construction shall consist of five to seven members, including the following components:

a) Representative of the Construction Department;

b) Representative of the Vietnam Architects Association;

c) Representative of the Vietnam Urban Planning and Development Association;

d) Individuals who have been issued professional practice certificates for architects engaged in construction and have reputable practices introduced by the Vietnam Architects Association or the Vietnam Urban Planning and Development Association.

2. The Advisory Board for issuing professional practice certificates for engineers engaged in construction shall consist of five to seven members, including the following components:

a) Representative of the Construction Department;

b) Representative of the Construction Association;

c) Representative of the Vietnam Consulting Engineers Association;

d) Representative of the relevant professional association related to the field of professional registration being considered;

đ) Individuals who have been issued professional practice certificates for engineers engaged in construction and have reputable practices introduced by the Construction Association or the relevant professional association;

e) Depending on specific cases, the Director of the Construction Department may invite representatives of specialized construction management departments to participate in the Advisory Board.

3. The Advisory Board has a term of three years. The operation regulations of the Advisory Board are in the model in Appendix 4 of this Regulation.

Article 10. Reissuing professional practice certificates for architects and engineers engaged in construction

1. Professional practice certificates for architects and engineers engaged in construction shall be reissued in the following cases:

a) The old certificate has expired;

b) Supplementing professional activities;

c) The old certificate is torn or damaged;

d) The certificate is lost.

2. Conditions for reissuing professional practice certificates for architects and engineers engaged in construction:

a) Submit an application for reissuing a professional practice certificate;

b) Present the old certificate, in case of loss, a verification letter from the police or local authorities is required;

c) Have a declaration of results of practice according to the certificate already issued;

d) Not violate the provisions of this Regulation and related laws;

đ) For applications to supplement professional activities, in addition to the above requirements, copies of relevant diplomas and certificates related to the supplementary activities must also be provided.

3. Within fifteen working days from the date of receiving complete and valid application files, the Construction Department shall be responsible for reviewing and reissuing certificates for those meeting the conditions stipulated in Clause 2 of this Article.

4. In case the certificate is lost or damaged and needs to be reissued, the content and validity period of the new certificate must be recorded according to the content and validity period of the old certificate.

Article 11. Rights and obligations of individuals applying for a professional practice certificate for architects and construction engineers

Individuals applying for a professional practice certificate have the following rights and obligations:

1. Requesting information on the issuance of professional practice certificates;

2. Complaining or reporting violations of this Regulation;

3. Truthfully declaring the application file for a professional practice certificate in accordance with Article 8 of this Regulation; being responsible under the law for the accuracy of the file; paying fees as prescribed.

4. Practicing in accordance with the content of the issued certificate, undertaking construction activities within the scope permitted by the certificate, and complying with laws and regulations related to construction;

5. Not renting, lending, or allowing others to use the certificate for practicing;

6. Not arbitrarily erasing or altering the certificate;

7. Not violating professional ethics requirements;

8. Presenting the certificate and complying with inspection and audit requests when required by competent authorities.

Article 12. Rights and obligations of the Department of Construction in issuing professional practice certificates for architects and construction engineers

1. Establishing an Advisory Board to review applications for professional practice certificates.

2. Receiving applications, if incomplete or not in accordance with regulations, requesting the applicant to supplement within five days.

3. Issuing professional practice certificates to individuals meeting the prescribed conditions.

4. Not issuing professional practice certificates to individuals who do not meet the conditions stipulated in this Regulation.

5. Inspecting and managing professional practice activities locally.

6. Handling violations in professional practice activities of architects and construction engineers within their authority or referring them to competent authorities for handling.

7. Providing information to relevant parties regarding the issuance of professional practice certificates.

8. Storing original files.

9. Regularly reporting to the Ministry of Construction and managing the operation of the local website.

Chapter III

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 13. Inspection and Audit

1. The Ministry of Construction shall be responsible for:

a) Conducting inspections and audits of the implementation of this Regulation throughout the country;

b) Resolving complaints and reports about violations of this Regulation.

2. The Construction Department shall be responsible for:

a) Conducting inspections and audits of professional practice activities of architects and construction engineers within the administrative boundaries under their management;

b) Resolving complaints and reports within their authority.

Article 14. Handling Violations

1. Individuals granted certificates who violate the provisions of this Regulation and related laws will have their certificates revoked or be subject to warnings.

a) The following violations will result in revocation of the certificate:

- Falsely declaring in the application file for a professional practice certificate;

- Arbitrarily erasing or altering the certificate;

- Renting, lending, or allowing others to use the certificate for practicing;

- Practicing outside the scope specified in the certificate;

- Violating laws related to construction activities causing serious consequences.

b) For other violations of the obligations of individuals granted professional practice certificates stipulated in Article 11 of this Regulation that do not warrant revocation of the certificate, they will be subject to warnings. An individual granted a certificate who receives three warnings will have their certificate revoked.

2. Organizations and individuals involved in the issuance of professional practice certificates who violate the provisions of this Regulation will be disciplined, administratively sanctioned, required to compensate material losses, or criminally prosecuted depending on the severity of the violation, in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effectiveness

This Regulation shall take effect fifteen days from the date of publication in the Official Gazette and shall be uniformly implemented throughout the country.

Certificates for chief architects of design projects issued in accordance with Decision No. 91/BXD-ĐT dated April 16, 1993 of the Minister of Construction on the issuance of the Regulation on Architectural Practice and certificates for professional practice in engineering design issued in accordance with Decision No. 23/2000/QĐ-BXD dated November 13, 2000 of the Minister of Construction on the issuance of the Regulation on the Issuance of Professional Practice Certificates for Engineering Design remain valid and may continue to be used until their expiration date as indicated on the certificates./.