Decision No. 158-BXD/QLXD on the issuance of the Regulation on the operation and registration of practice for Construction Consulting Companies

  Pursuant to …;

OF THE MINISTRY OF CONSTRUCTION ON THE ISSUANCE OF REGULATIONS ON OPERATIONS AND REGISTRATION FOR PRACTICE OF CONSULTING ENGINEERING COMPANIES 

THE MINISTER OF CONSTRUCTION

Pursuant to the Law on Government Organization dated September 30, 1992;

Pursuant to Decree No. 59/HĐBT dated April 14, 1990 of the Council of Ministers (now the Government) stipulating the functions, tasks, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 385/HĐBT dated November 7, 1990 of the Council of Ministers promulgating the Regulations on Construction Management;

To implement Directive No. 171/TTg dated December 16, 1992 of the Prime Minister assigning the Ministry of Construction to promote the establishment of trial consulting engineering companies and quality control of construction projects,

DECISION:

Clause 4 of Article 6Now hereby promulgates with this Decision the Regulations on Operations and Registration for Practice of Consulting Engineering Companies.

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentThese Regulations shall be uniformly implemented throughout the country from July 1, 1993.

Article 3. The Heads of the Ministry's Office, Heads of the Ministry's Departments and Bureaus, Directors of Construction and Architecture Departments of centrally-administered cities are responsible for disseminating and guiding relevant sectors and levels to implement these Regulations.

Chapter I. GENERAL PROVISIONS

Article 1. - Consulting engineering companies are enterprises operating in the field of consulting and services related to construction, conducting investigations, surveys, project investment planning; urban planning; surveying, designing, and preparing cost estimates for projects; preparing documentation and organizing bidding for design, procurement of materials and equipment, construction works, managing construction contracts, ensuring project quality, and registering insurance for basic construction projects.

Consulting engineering companies operate according to laws and register their practice in accordance with the provisions of these Regulations.

Article 2. - Consulting engineering companies may be established under laws governing state-owned enterprises, company laws, or joint ventures with foreign countries under current laws, in the following forms:

Consulting engineering company. Joint venture consulting engineering company with foreign countries, having a specific name or full name suitable for the registered profession.

Article 3. - Classification of consulting activities.

1. Consulting on investigation, survey, and project investment planning: Assisting investors in determining investment policies, market access investigation, economic and technical surveys to prepare pre-feasibility studies, economic and technical justifications, and other procedures for effective and lawful basic construction investments consistent with national economic strategies and plans. Consulting for investors in preparing and receiving tender documents, organizing tenders or selecting contractors for design, procurement of materials and equipment, and construction works.

2. Survey and design of planning including territorial planning, urban and rural planning, comprehensive planning for industrial development, urbanization, and infrastructure systems serving basic construction investments.

3. Survey, design, and preparation of construction project cost estimates: Topographic, geological, hydrogeological, environmental surveys to prepare designs. Technical, technological, construction drawing, and construction organization designs. Preparation of project cost estimates. Supervision and inspection of material and equipment quality during construction to ensure compliance with the design.

4. Contract for reviewing design, including technical review of design drawings and accompanying cost estimates.

5. Construction management: Consulting engineering companies can contract with investors to undertake partial or full construction management tasks according to the functions of a project management board as defined, based on approved project designs and cost estimates.

6. General contracting for design and construction management: Consulting companies with sufficient qualifications and capabilities in design and management can undertake general contracting for design and construction management from technical design, construction drawing design, supervision to ensure quality, construction management for sub-contractors throughout the construction process until the handover of the project to the investor and implementation of warranty and insurance for the project. Consulting companies do not undertake construction work themselves. Depending on their capacity, consulting organizations can register to operate partially or fully within the scope mentioned above and only operate within the scope specified in their license.

Article 4. - Funding for advisory work:

For construction advisory services for projects funded by state budget, the costs of such advisory work shall be calculated according to current regulations of the inter-ministerial bodies or Circulars issued by the Ministry of Finance or the Ministry of Construction. For construction advisory services for projects funded by other sources (including foreign capital), the costs of such advisory work shall be agreed upon between the project owner and the consulting company based on the principle of applying Vietnam's regulations or international consulting practices and experiences agreed upon through economic contracts signed between both parties.

Chapter II. CONDITIONS AND SCOPE OF ACTIVITY OF CONSTRUCTION CONSULTING COMPANIES

Article 5. - Professional Qualifications: A construction consulting company must have sufficient staff and principal experts to undertake the registered advisory work. Principal experts leading or heading projects need to meet the following professional standards:

1. For those heading survey or design projects, they must have professional expertise and be proficient in their field, recognized by the Science Council of the construction design consulting company, decided by the Head of the Company and registered with the Ministry of Construction according to the standards set out in the Regulation on Surveying Practice, Urban Planning Design Standards, and Building Construction Design Standards issued pursuant to Decision No. 92-BXD/GD dated April 17, 1993 of the Minister of Construction.

2. They must be listed in the official list of the construction consulting company and not participate in any other business entity, whether financially or otherwise, which may affect the objectivity of their advisory work decisions.

3. They must ensure ethical conduct, understand and fully comply with national laws, standards, and regulations, and protect the rights of society and citizens when practicing consultancy.

4. They must bear full responsibility before the State and the law for their products such as survey documents, design proposals, and other advisory materials.

Article 6. - Legal Capital of Consulting Organizations at Establishment: The legal capital of consulting organizations at establishment shall be applied according to the current regulations for enterprises.

Article 7. - Technical Equipment:

Construction consulting companies must have appropriate technical equipment to practice surveying, designing, and calculation tools and other devices to ensure that survey products, design proposals, drawings, and advisory materials meet international standards. For tasks requiring high technology that cannot yet be equipped, construction consulting companies may hire foreign experts and equipment or from other units to carry out the work.

Article 8. - Construction consulting companies must have a formal headquarters under their ownership (or use) and registered with local authorities.

Article 9. - Scope of Construction Advisory Practice:

1. Construction consulting companies approved by the Ministry of Construction for advisory licenses to operate nationwide and bid abroad.

2. Joint venture construction consulting companies with foreign countries, holding joint venture investment licenses, when registering for advisory practice with the Ministry of Construction will be granted advisory licenses nationwide for each part or the entire work specified in Article 3.

REGULATIONS ON THE ACTIVITY AND REGISTRATION OF CONSTRUCTION CONSULTING COMPANIES (Annexed to Decision No. 158-BXD/QLXD dated

June 22, 1993 of the Minister of Construction).

Chapter III. REGISTRATION AND ISSUANCE OF PRACTICE LICENSES FOR CONSTRUCTION CONSULTING SERVICES

Article 10. - The Ministry of Construction is the authority responsible for issuing practice licenses for construction consulting services to construction consulting organizations across all sectors and regions.

1. For construction consulting organizations that only engage in construction surveying and design activities, the registration procedures and issuance of practice licenses shall be carried out in accordance with the Regulation on "Engaging in Construction Surveying, Urban Planning Design, and Construction Project Design" issued pursuant to Decision No. 92-BXD/GD dated April 17, 1993 of the Ministry of Construction.

2. For construction consulting organizations that perform multiple functions as stipulated in Article 3 of this Regulation, the procedures for registering construction consulting services shall follow the guidance provided in Article 11 below.

Article 11. - Procedures for applying to register construction consulting services (as per Point 2 of Article 10).

1. For Vietnamese Construction Consulting Companies, the application for registration includes: Application for issuance of construction consulting service practice license. Establishment decision of the Construction Consulting Company by the competent ministry or provincial-level city directly under the central government. Copy of the company's operational charter. Declaration of professional capacity of key experts. Professional certificates of the General Director and declaration of professional capacity of the General Director and the company. List of specialized equipment and tools. Capital certification issued by the Bank or financial management agency.

2. For joint venture construction consulting companies with foreign entities, the application for registration includes: Application for issuance of construction consulting service practice license. Investment permit issued by the State Committee on Cooperation and Investment (copy). Copy of the operational charter. Professional certificates of the General Director and declaration of professional capacity of major members (both Vietnamese and foreign sides). Declaration of capital assets and equipment for engaging in construction consulting services.

Article 12. - Receiving applications and organizing the issuance of construction consulting service practice licenses:

Ministries managing economic and technical sectors assign the Department responsible for basic construction management to receive applications from construction consulting companies under their jurisdiction, review them, and submit formal opinions in writing to the Ministry of Construction for approval. Provincial Construction Departments directly under the central government receive applications from construction consulting companies under their local jurisdiction, review them, and submit formal opinions in writing to the Ministry of Construction for approval. The issuance of construction consulting service practice licenses is conducted by a Council established by the Minister of Construction. The time limit for reviewing and issuing practice licenses within thirty days from the date of receipt of complete and valid applications as prescribed. When submitting applications, construction consulting companies must pay a licensing fee according to regulations set forth by the Ministry of Finance and the Ministry of Construction.

Chapter IV. INSPECTION AND HANDLING OF VIOLATIONS

Article 13. - Annually, construction consulting companies must submit reports on their operations to the establishment decision-making body and send one copy to the Ministry of Construction for monitoring and compiling reports to the Government.

The Ministry of Construction organizes regular or spot inspections of the activities of construction consulting companies; Ministries and Provincial Construction Departments inspect and supervise the activities of construction consulting companies under their respective jurisdictions to ensure compliance with laws and this Regulation.

Article 14. - Handling of violations.

Construction consulting companies that violate the provisions of the Code of Conduct for survey and design practice or construction practice shall be handled according to such Code. Violations in other consultancy areas causing damage to the project owner shall be handled according to the Ordinance on economic contracts. In cases of serious violations causing significant damage, criminal responsibility must be pursued under the law.

Chapter V. IMPLEMENTATION PROVISIONS

This Code shall be uniformly applied throughout the country and shall take effect from July 1, 1993.

Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees of provinces and centrally governed cities; Construction Departments and Chief Architects of cities shall guide affiliated consultancy organizations to register and operate in accordance with this Code.