Circular No. 17/2016/TT-BXD guiding the capacity of organizations and individuals participating in construction activities

CIRCULAR

Guidelines on the capacity of organizations and individuals participating in construction activities

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Pursuant to the Construction Law No. 50/2014/QH13;

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

Based on Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project management for investment in construction (hereinafter referred to as Decree 59/CP);

Considering the proposal of the Director of the Construction Activity Management Department,

The Minister of Construction issues this Circular guiding the capacity of organizations and individuals participating in construction activities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1.     Scope of regulation: This Circular guides the capacity for construction activities, including: the capacity for individual construction practice; the capacity for organizational construction activities; and the publication of information on construction activity capacity.

2.     Applicability: This Circular applies to domestic agencies, organizations, and individuals; and foreign organizations and individuals engaged in construction activities within the territory of Vietnam.

Article 2. Interpretation of Terms

1.     Professional license code: It is an eight-digit number used to manage the professional license for construction activities of individuals (hereinafter referred to as professional license). The professional license code is uniformly issued and managed by the Ministry of Construction. Each individual participating in construction activities when applying for a professional license for the first time according to the provisions of this Circular shall be granted a professional license code. The professional license code does not change when the individual re-applies for, adjusts, or supplements the professional license already issued.

2.     Capacity certificate code: It is an eight-digit number used to manage the capacity certificate for construction activities of organizations (hereinafter referred to as capacity certificate). The capacity certificate code is uniformly issued and managed by the Ministry of Construction. Each organization participating in construction activities when applying for a capacity certificate for the first time according to the provisions of this Circular shall be granted a capacity certificate code. The capacity certificate code does not change when the organization re-applies for, adjusts, or supplements the capacity certificate already issued.

Article 3. Professional License for Construction Activities

1.     Individuals as prescribed in Clause 3, Article 148 of the Construction Law 2014 must have a professional license when participating in construction activities in the following fields:

a)     Construction surveying including topographic survey; geotechnical investigation; hydrogeological investigation.

b)     Urban planning design.

c)     Building design including architectural design; structural design; electrical and mechanical design; water supply and drainage design; ventilation and air conditioning design; telecommunications network design within building construction; fire prevention and explosion protection design in building construction.

d)     Construction supervision including construction work supervision; installation work supervision; technological equipment installation supervision.

đ)     Construction inspection.

e)     Construction cost estimation.

2.     Individuals may be granted a professional license for one or more fields if they meet the required capacity conditions as stipulated.

3.     The capacity conditions for individuals responsible for labor safety or serving as dedicated labor safety officers during construction activities comply with the regulations of the Labor Safety and Health Law.

Article 4. Sample of the Professional Practice Certificate

1. The Professional Practice Certificate is a light yellow cover with dimensions of 15x21cm. The specifications and main content of the Professional Practice Certificate are stipulated in Clause 3 of this Article, according to Model 05 of this Circular.

2. Management of Professional Practice Certificate numbers:

The Professional Practice Certificate number consists of two groups of symbols connected by a hyphen (-), specified as follows:

a. The first group: three characters representing the issuing authority, specifically defined in Model 07 of this Circular;

b. The second group: the certificate number.

3. Main content of the Professional Practice Certificate for construction activities includes:

a. Basic information of the individual receiving the certificate: a 4x6cm photo, full name, date of birth, national identity card number (or citizen identification card or passport number);

b. Name of the issuing authority, signature, and stamp;

c. Specialized qualifications obtained, education system, training institution;

d. Field of practice, type of project (if applicable), grade and duration of practice for each field granted.

Article 5. Authority to Issue Professional Practice Certificates

Authorities and organizations with the authority to issue Professional Practice Certificates include:

1. The Construction Activity Management Department under the Ministry of Construction issues Grade I Professional Practice Certificates.

2. Provincial Construction Departments issue Grade II and Grade III Professional Practice Certificates:

a. For individuals participating in construction activities within organizations whose main office is located in their province;

b. For individuals independently practicing construction who have permanent residence registration or reside registration in their province.

3. Professional social organizations related to construction activities operating nationwide may be considered to issue Grade II and Grade III Professional Practice Certificates to their members if they meet the following requirements:

a. Meeting the conditions to establish an Examination Board for Issuing Professional Practice Certificates (hereinafter referred to as the Examination Board for Issuing Certificates) as stipulated in Article 7 of this Circular;

b. Having operational regulations for the Examination Board for Issuing Certificates and examination regulations for issuing certificates that comply with the provisions;

c. Fulfilling all material conditions required for examinations as stipulated in Clause 4 of Article 8 of this Circular;

d. Submitting a request for recognition according to the form prescribed in Model 08 of this Circular along with copies of relevant documents proving compliance with the conditions set out in Points a, b, and c of this Clause to the Ministry of Construction for recognition of eligibility to issue Professional Practice Certificates. The time for consideration and decision on recognition shall not exceed 20 days from the date of receipt of complete files.

The decision recognizing professional social organizations as eligible to issue Professional Practice Certificates is made according to the model at Model 09 of this Circular.

4. In cases where individuals apply for Professional Practice Certificates for different grades, the authority responsible for issuing the highest grade certificate will take charge of issuing the Professional Practice Certificate for such individuals.

5. The duration of practice corresponding to each field of construction activity for individuals is five years. Upon expiration of the period, individuals wishing to continue construction activities must follow the procedures for reissuing the Professional Practice Certificate as stipulated in this Circular.

Article 6. Principles for Determining Suitable Specialization and Professional Experience for Issuing Practice Certificates

The determination of the specialization trained and professional experience as stipulated in Clause 2, Article 45 of Decree 59/CP shall serve as the basis for considering the issuance of practice certificates by the Certificate Issuance Examination Board, which shall be carried out according to the following principles:

1.     An individual's training specialization is deemed suitable when the field or content of their training program aligns with the area specified for the issuance of a practice certificate as detailed in Article 16 of this Circular.

2.     The professional experience of an individual applying for a practice certificate is the total time the individual officially participates in construction activities within the relevant field as specified in the application for a practice certificate.

3.     For individuals who have not yet accumulated sufficient professional experience in construction activities as required from the date of graduation but had previously obtained a college or vocational school degree and participated in construction activities, their professional experience will be calculated as the total time they engaged in construction activities from the date of graduation from college or vocational school to qualify for a Class II or Class III practice certificate.

4.     For individuals who have worked at state management agencies, their time and experience shall be the total time and experience they have participated in state management tasks related to the field specified for the issuance of a practice certificate.

Article 7. Certificate Issuance Examination Board

1.     The Certificate Issuance Examination Board shall be established by the authority stipulated in Clause 1 and Clause 2 of Article 5 of this Circular (hereinafter referred to as the Certificate Issuance Authority):

a)     Depending on the field for issuing practice certificates, the head of the Certificate Issuance Authority shall determine the composition, organizational structure, and number of members of the Board to be appropriate, where the Chairman of the Board is a leader of the Certificate Issuance Authority, and the permanent member is a civil servant or staff member of that agency.

b)    Other members participating in the Board are civil servants, staff members with specializations matching the field for issuing practice certificates, and experts with professional qualifications in the relevant field, invited by the Chairman of the Board.

2.     The Certificate Issuance Examination Board stipulated in Clause 3 of Article 5 of this Circular shall be established by the head of the Professional Social Organization, having an organizational structure and number of members appropriate to the field for issuing practice certificates, where the Chairman of the Board is a leader and the members of the Board are members of the Professional Social Organization.

3.     The Chairman of the Board decides to establish an examination team to assist the Board. The examination team consists of a Team Leader who is a member of the Board, and other members are civil servants or staff members of the Certificate Issuance Authority or members of the Professional Social Organization if the Certificate Issuance Authority is a Professional Social Organization.

4.     The Board operates on a part-time basis and works according to regulations determined by the Chairman of the Board in accordance with the provisions of Clause 5 of this Article.

5. The Model Regulation on the Operation of the Certificate Issuance Examination Board and the Examination Regulation for Issuing Practice Certificates shall be promulgated publicly on the electronic information website by the Ministry of Construction.

Article 8. Examination for Issuance of Professional Practice Certificate

1.     The examination for issuance of the professional practice certificate shall be conducted in the form of a multiple-choice test.

2.     The examination questions shall include 15 questions on specialized knowledge and 10 questions on relevant legal knowledge related to the field for which the professional practice certificate is requested, randomly selected from the multiple-choice question bank prescribed in Clause 4 of this Article. The maximum examination time is 30 minutes.

3.     The maximum score for each examination is 100 points, with a maximum of 60 points for the specialized knowledge section and 40 points for the legal knowledge section. An individual must achieve a score of 80 points or higher to meet the requirements for issuance of the professional practice certificate.

In cases where an individual is exempted from the examination on specialized knowledge, the examination result on legal knowledge must reach a score of 32 points or higher.

4.     The multiple-choice question bank and guidelines on physical facilities serving the examination shall be issued and publicly announced on the electronic information website by the Ministry of Construction.

Article 9. Specialized Vocational Training

1.     Educational institutions meeting the conditions stipulated in Article 68 of Decree 59/CP may organize specialized vocational training on construction activities for individuals with such needs.

2.     Specialized vocational training must closely follow the framework program on specialized vocational training for fields related to construction activities issued by the Ministry of Construction.

Article 10. Construction Activity Capacity Certificate of Organizations

1. An organization must have a construction activity capacity certificate when participating in construction activities in the following fields:

a)     Construction surveying including: topographic survey; geological and hydrogeological surveys of structures.

b)    Urban planning.

c)     Design and review of construction design including: architectural design of structures; structural design of structures; electrical and mechanical design of structures; water supply and drainage design of structures; ventilation and thermal control design; communication network design within construction structures.

d)    Preparation and review of investment project plans.

đ) Investment project management.

e)     Construction of structures.

g)     Construction supervision including: construction work supervision; installation equipment supervision; installation technology equipment supervision.

h)       Construction valuation.

i)       Management and review of construction investment costs.

2.     An organization may apply for a construction activity capacity certificate for one or more fields corresponding to different categories as prescribed in this Circular. An organization that does not yet meet the conditions for obtaining a construction activity capacity certificate may participate in construction activities in the fields specified in this Article for projects only requiring preparation of economic and technical reports for construction projects of Class IV scale; repair, renovation, and maintenance projects of Class IV scale when the organization's responsible person for the specialized field has appropriate capacity qualifications for that field.

3.     Foreign organizations are not required to hold a construction activity capacity certificate as prescribed in this Circular when conducting construction activities in Vietnam.

Article 11. Model of Competence Certificate

1.     The Competence Certificate has a light blue cover with dimensions of 21x29,7cm. The format of the Competence Certificate follows the model at Appendix No. 06 of this Circular, and the main content of the Competence Certificate is regulated in Clause 3 of this Article.

2.     Management of Competence Certificate numbers:

The certificate number includes two groups of symbols, which are connected by a hyphen (-), specifically as follows:

a)     The first group: up to three symbols representing the issuing authority as specified in Appendix No. 07 of this Circular.

b)     The second group: the Competence Certificate code.

3.     The content of the Competence Certificate includes:

a)     Basic information about the organization receiving the certificate: name of the organization; Business Registration Number or Establishment Decision Number; full name and position of the legal representative; main office address; representative office address (if applicable); telephone number; fax number; email address; website (if applicable);

b)     Scope of construction activities (construction field, type of project (if applicable), competence level and validity period);

c)     Name of issuing authority, signature, and stamp.

Article 12. Authority to Issue Competence Certificates

The authority to issue Competence Certificates (hereinafter referred to as the Issuing Authority) includes:

1.     The Construction Activity Management Department under the Ministry of Construction issues Competence Certificates for Level I.

2.     Provincial Construction Departments issue Competence Certificates for Levels II and III for organizations whose main offices are located within their administrative areas.

3.     In cases where an organization requests Competence Certificates for different levels, the Issuing Authority with the highest level will issue the Competence Certificate for that organization.

4.     The Issuing Authority has the power to revoke, reissue, adjust, and supplement the content of Competence Certificates issued by itself.

5.     The Competence Certificate is valid for five years. Organizations with expired certificates or those requiring adjustments or supplements to the content of their Competence Certificates must apply for reissuance according to the provisions of this Circular.

Article 13. Examination Board for Competence Certificate Issuance

1.     The Examination Board for Competence Certificate Issuance is established by the head of the authority with the relevant authority as stipulated in Article 12 of this Circular, including the Chairman of the Board, the permanent member, and other members who are civil servants or employees directly subordinate to the authority.

2.     The Board operates on a part-time basis and implements regulations decided by the Chairman of the Board.

Chapter II

ISSUE OF PRACTICE CERTIFICATES FOR CONSTRUCTION ACTIVITIES

Article 14. Application Documents for Practice Certificate

Application documents for a Practice Certificate include the following materials:

1.     An application form for a Practice Certificate according to the model at Appendix No. 01 of this Circular, accompanied by two color photographs measuring 4x6cm with a white background.

2.     A file containing color images scanned from original academic diplomas and certificates issued by legitimate educational institutions.

3.     A file containing color images scanned from original work experience declarations confirmed by the workplace management agency or organization, or by a professional social organization (if the individual is a member of such an organization) according to the model at Appendix No. 02 of this Circular.

4.     A file containing color images scanned from original construction activity contracts in which the individual participated in performing tasks or work assignment documents (task assignments) issued by agencies or organizations related to the declared content.

5.     For individuals as defined in Point b Clause 5 Article 16 of this Circular, the application documents for a Practice Certificate include:

a)     Materials as prescribed in Clauses 1, 2, 3, and 4 of this Article;

b)     A file containing color images scanned from original practice certificates issued by competent authorities.

Article 15. Procedures and formalities for examination, issuance of practice certificates

1.     An individual submits one set of application documents for issuance of a practice certificate to the competent authority for issuing practice certificates as stipulated in Article 5 of this Circular.

2.     Within three working days from the date of receipt of the application documents, the Examination Department shall be responsible for checking the completeness and validity of the documents before submitting them to the Certification Committee for review and decision. In case the documents are incomplete or invalid, the Examination Department shall notify the individual applying for the certificate once about the requirements for supplementing and completing the documents.

3.     The examination shall be organized by region or locality. The time for organizing the examination shall be conducted quarterly or at short notice as decided by the Certification Committee in accordance with the demand for issuance of practice certificates. Five days prior to the examination date, the Certification Committee shall notify in writing and post on the website of the issuing authority information regarding the time, location of the examination, and the examination code for each individual.

4.     Within a maximum of three days following the completion of the examination, the Certification Committee shall be responsible for convening and presenting the examination results of individuals to the head of the competent authority for issuing practice certificates. The examination results of individuals shall be retained for six months from the date of the examination.

Within a maximum of three working days from the date of the decision to issue a practice certificate, the issuing authority shall submit a request for issuance of the Practice Certificate Code according to the model at Appendix 10 of this Circular to the Ministry of Construction for issuance of the Practice Certificate Code. Within five working days from the date of receipt of the request, the Ministry of Construction shall be responsible for issuing the Practice Certificate Code, simultaneously implementing the collection of information for managing issued practice certificates and posting information on the construction activity capacity of individuals on the website in accordance with Clause 2, Article 25 of this Circular.

The competent authority for issuing practice certificates shall be responsible for issuing practice certificates to individuals who have been issued a Practice Certificate Code.

5.     The collection and use of examination costs shall be carried out in accordance with the regulations of the Ministry of Construction; the examination fee for issuing a practice certificate shall be implemented in accordance with the regulations of the Ministry of Finance. Individuals applying for a certificate must fulfill their obligation to pay examination costs and fees when submitting the application documents for issuance of a practice certificate. Examination costs and fees will not be refunded under any circumstances.

Article 16. Professional Qualifications and Experience Period

Based on the principles stipulated in Article 6 of this Circular and the application documents for issuance of a practice certificate, the Certification Committee shall examine and assess the actual capability of individuals in the following fields for the Chairman of the Committee to decide, specifically:

1.     For the field of construction survey practice

a)     Topographic survey: an individual with a professional qualification trained in geology, surveying, or construction engineering fields, who has sufficient time and practical experience participating or leading topographic surveys as prescribed in Clause 2, Article 46 of Decree 59/CP, shall be eligible for issuance of a construction survey practice certificate.

b)     Geological and hydrogeological survey: an individual with a professional qualification trained in geology, who has sufficient time and practical experience participating or leading geological and hydrogeological surveys as prescribed in Clause 2, Article 46 of Decree 59/CP, shall be eligible for issuance of a geological and hydrogeological survey practice certificate.

2.     For the field of construction planning design practice

An individual with a university degree in architecture, urban planning, urban technical infrastructure, urban economics, or a relevant field suitable for preparing urban construction plans, who has sufficient time and practical experience participating or leading the implementation of construction planning designs as prescribed in Clause 1, Article 47 of Decree 59/CP, shall be eligible for issuance of a construction planning design practice certificate.

3.     For the field of construction design and design review practice

a)     Architectural design of construction projects:

An individual with a professional qualification trained in architecture, who has sufficient time and practical experience participating or leading architectural design, design review, and design verification of construction projects as prescribed in Clause 2, Article 48 of Decree 59/CP, shall be eligible for issuance of an architectural design of construction projects practice certificate.

b)     Structural design of construction projects:

An individual with a professional qualification trained in construction engineering, who has sufficient time and practical experience participating, leading, or reviewing the design of any type of construction project design as prescribed in Clause 2, Article 48 of Decree 59/CP, shall be eligible for issuance of a structural design of that type of construction project practice certificate.

c)     For individuals with a professional qualification trained in other related fields such as electrical and mechanical construction, water supply and drainage, ventilation and air conditioning, telecommunications networks, fire prevention and explosion protection in construction projects: the scope of permitted practice must be consistent with the trained field, based on the time and practical experience the individual has participated in design work.

4.     For the field of construction supervision practice

a)     Construction supervision: an individual with training in construction engineering, who has sufficient time and practical experience participating in design, construction, and supervision of any type of construction project as prescribed in Clause 2, Article 49 of Decree 59/CP, shall be eligible for issuance of a construction supervision practice certificate for that type of construction project.

b) Supervising "installation of construction equipment" and "installation of technological equipment": individuals with training qualifications in relevant fields such as electricity, mechanical engineering, ventilation - heat supply, water supply - drainage, air conditioning, information - communication networks, fire prevention and control in construction works, and other appropriate fields, when having sufficient time and experience to supervise tasks in these fields, shall be considered for issuance of a professional practice certificate for supervising "installation of construction equipment" or "installation of technological equipment" or both contents.

5. For the field of construction inspection practice

a) Individuals without a professional practice certificate for construction supervision or design, with training qualifications in the construction engineering field, when having sufficient time and practical experience in performing work as prescribed in Clause 1, Article 50 of Decree 59/CP for a certain type of construction project, shall be considered for issuance of a professional practice certificate for construction inspection of that type of construction project.

b) Individuals who already have a professional practice certificate for construction supervision or design in the field of structural design of construction projects as stipulated in this Circular shall be considered for issuance of a professional practice certificate for construction inspection corresponding to the category and type of construction project recorded in the previously issued certificate.

6. For the field of construction valuation practice

Individuals with training qualifications in the economic or construction engineering field and having time and practical experience in performing tasks related to construction investment cost management as prescribed in Clause 2, Article 52 of Decree 59/CP shall be considered for issuance of a professional practice certificate for construction valuation.

Article 17. Reissuance or adjustment, supplementation of the content of the professional practice certificate

1. The professional practice certificate may be reissued or its content adjusted or supplemented in the following cases:

a) The old certificate has expired.

b) Adjustment or supplementation of the practice content.

c) The old certificate is torn or damaged.

d) The certificate is lost.

2. Conditions for reissuance or adjustment, supplementation of the content of the professional practice certificate:

a) Submitting an application form for reissuance or adjustment, supplementation of the content of the professional practice certificate according to Form 01 attached to this Circular, to the competent authority issuing the professional practice certificate;

b) Having the old certificate for cases where the old certificate is torn or damaged, or requesting supplementation of the practice content, or the old certificate has expired;

c) Providing copies of diplomas, certificates, and experience declarations related to the proposed supplementary activity area for cases requesting adjustment or supplementation of the practice content;

d) Not violating regulations on investment in construction and related laws.

3. Procedures and formalities for reissuance or adjustment, supplementation of the content of the professional practice certificate:

a) In cases as provided for in Point a and b of Clause 1 of this Article: the procedures and time limit for issuing the professional practice certificate shall be carried out as for new applications.

b) In cases as provided for in Point c and d of Clause 1 of this Article: the procedures shall be carried out as for new applications but without examination requirements, and the time limit for issuing the certificate shall not exceed 25 days for Category I certificates, and not more than 15 days for Categories II and III.

4. The content and validity period of the professional practice certificate are as follows:

a) For cases of loss or damage: the content and validity period shall be recorded as those of the old professional practice certificate.

b) For cases of adjustment or supplementation of the practice content: the additional content shall be recorded according to the validity period of the old professional practice certificate.

c) For cases of expiration: the content and validity period recorded in the professional practice certificate shall be carried out as prescribed for new issuances.

5. The authority for reissuance or adjustment, supplementation of the content of the professional practice certificate shall be implemented as prescribed in Article 5 of this Circular.

6. Individuals must fulfill the obligation to pay fees and charges when submitting an application for reissuance or supplementation of the content of the professional practice certificate. Fees and charges will not be refunded under any circumstances.

Article 18. Professional Certificate of Foreign Individuals

1.     The professional certificate of foreign individuals, including foreign individuals or Vietnamese individuals residing abroad (hereinafter referred to as foreign individuals), shall be implemented in accordance with Clause 2, Article 44 of Decree No. 59/CP.

2.     In cases where foreign individuals engage in construction activities in Vietnam for less than six months, their professional certificates issued by foreign authorities must be apostilled, translated into Vietnamese, and notarized in accordance with Vietnamese law.

3.     In cases where foreign individuals engage in construction activities in Vietnam for six months or more, they must undergo a professional certificate conversion process in accordance with the following regulations:

a) The application dossier for conversion includes:

- An application form for converting the professional certificate according to Appendix No. 11 of this Circular;

- A certified true copy of the professional certificate and training certification related to the field of expertise, which have been apostilled, translated into Vietnamese, and notarized in accordance with Vietnamese law;

- A certified true copy of the residence permit or work permit issued by the competent authority in Vietnam and the passport, which have been notarized in accordance with the regulations;

- A declaration of experience in performing relevant tasks in the field of the requested professional certificate conversion for at least seven years for Class I, five years for Class II, and three years for Class III up to the date of applying for the professional certificate conversion according to Appendix No. 02 of this Circular.

b) Procedures and formalities for issuing converted professional certificates:

- Foreign individuals submit the application dossier for issuing converted professional certificates through postal service or directly to the Ministry of Construction;

- Within seven working days from the date of receiving the dossier, the Ministry of Construction is responsible for checking the completeness of the dossier and notifying the applicant once if the dossier is incomplete or does not meet the conditions for review;

- Within a maximum period of thirty days from the date of receiving a complete and valid dossier, the Council for Issuing Professional Certificates is responsible for reviewing and assessing the actual capability of the individual to present to the Ministry of Construction for deciding on issuing converted professional certificates.

c) The assessment of capability and issuance of converted professional certificates for foreign individuals shall be carried out in accordance with the provisions of Article 16 of this Circular corresponding to the construction field that the individual requests.

d) Foreign individuals applying for professional certificate conversion are obligated to pay the fee for issuing the professional certificate in accordance with the regulations.

4.     The duration of engaging in construction activities in Vietnam by foreign individuals is determined based on the validity period stated in the work permit issued by the competent authority but not exceeding five years. Upon expiration of the period, foreign individuals wishing to continue practicing in Vietnam must reapply for the professional certificate in accordance with Clause 3 of this Article.

5.     For individuals holding citizenship of other countries, if international treaties to which Vietnam is a party provide different provisions from those stipulated in this Circular, such provisions shall be followed.

Article 19. Rights and Obligations of Individuals Applying for Professional Practice Certificates

1. Individuals applying for professional practice certificates for construction activities have the following rights:

a) Request to be provided with information on issuing professional practice certificates;

b) Engage in construction activities throughout the country according to the contents specified on the certificate; conduct inspections of work items corresponding to the fields recorded on the certificate;

c) Lodge complaints and denunciations against violations of laws on issuing professional practice certificates.

2. Individuals applying for professional practice certificates for construction activities have the following obligations:

a) Truthfully declare the application dossier for professional practice certificates in accordance with this Circular; bear legal responsibility for the accuracy of the contents declared in the dossier, pay fees and charges as prescribed;

b) Engage in construction activities within the scope and fields recorded on the issued professional practice certificate, comply with laws on construction and other relevant laws;

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

d) Not erase or alter the professional practice certificate;

đ) Adhere to professional ethics;

e) Present the professional practice certificate and comply with requests for inspection and examination when competent authorities require it.

Chapter III

ISSUANCE OF PROFESSIONAL CAPACITY CERTIFICATES FOR CONSTRUCTION ACTIVITIES

Article 20. Application Dossier for Issuance of Professional Capacity Certificates

The application dossier for issuance of professional capacity certificates includes the following documents:

1. An application form for issuance of professional capacity certificates according to Model 03 of this Circular.

2. A file containing color photographs of the original business registration certificate or establishment decision of the organization; management procedures for performing tasks; quality management systems corresponding to the field for which the professional capacity certificate is requested.

3. A file containing color photographs of the original list of key individuals, employees, technical workers (if any) related and declaration of construction activity experience of the organization according to Model 04 of this Circular, accompanied by diplomas, certificates, and labor contracts of key individuals, technical workers (if any) related to the content of the professional capacity certificate request; contracts and acceptance completion records (each field and type not exceeding three contracts, three acceptance completion records of outstanding works completed).

4. A file containing color photographs of the original declaration of financial capacity over a period of three years up to the date of requesting the professional capacity certificate, machinery, equipment, and computer software related to the field for which the professional capacity certificate is requested by the organization.

Article 21. Procedures and Formalities for Issuance of Professional Capacity Certificates

1. Organizations applying for professional capacity certificates submit one set of application dossiers in accordance with Article 12 of this Circular through postal service or directly to the authority responsible for issuing professional capacity certificates.

2. Within ten days from the date of receiving the dossier, the authority responsible for issuing professional capacity certificates has the responsibility to check the completeness and compliance of the dossier. In case the dossier is incomplete or non-compliant, the authority responsible for issuing professional capacity certificates will notify the organization applying for the professional capacity certificate once in writing about the requirement to supplement the dossier or for the organization to re-examine the dossier if necessary.

3. Evaluation and Issuance of Professional Capacity Certificates:

a) The Council for Issuing Professional Capacity Certificates is responsible for evaluating the construction activity capacity of organizations in accordance with Article 22 of this Circular and submitting the evaluation results to the authority issuing professional capacity certificates for decision.

The time for evaluation and issuance of professional capacity certificates shall not exceed fifteen days for Class I certificates; ten days for Class II and III certificates from the date of receipt of complete and compliant dossiers.

b) Within a maximum of three working days from the date of the decision to issue the professional capacity certificate, the authority issuing professional capacity certificates as prescribed in Clause 2, Article 12 of this Circular shall have the responsibility to send a written request for issuance of the Certificate Number according to Model 15 of this Circular to the Ministry of Construction. Within five days from the date of receipt of the request, the Ministry of Construction shall have the responsibility to issue the Certificate Number, simultaneously perform information integration for management and search of professional capacity certificates, and announce construction activity capacity information on the Ministry of Construction's electronic information website in accordance with Clause 1, Article 26 of this Circular.

4. Collection and use of fees for issuance of professional capacity certificates (including cases of reissuance or supplementation of construction activities) shall be carried out in accordance with the regulations of the Ministry of Finance. Organizations applying for professional capacity certificates have the obligation to pay the issuance fee when submitting the dossier. The fee is not refundable under any circumstances.

Article 22. Evaluation and Issuance of Construction Activity Capacity Certificates

1. The Council responsible for issuing capacity certificates shall evaluate the construction activity capacity of organizations according to the point calculation method specified in Appendix 14 of this Circular to serve as the basis for issuing capacity certificates. Organizations that have won high-quality construction project awards or high-quality construction contract awards in the field for which they are applying for capacity certificates will be awarded up to five additional points, but the total score must not exceed 100 points.

2. The competent authority issuing capacity certificates shall decide on the issuance of capacity certificates after receiving the evaluation results from the Council.

Article 23. Reissuing or Adjusting and Supplementing the Content of Capacity Certificates

1. Capacity certificates may be reissued or their content adjusted or supplemented in the following cases:

a) The old certificate has expired.

b. Adjustment or supplementation of the content of activities.

c) The old certificate is torn or damaged.

d) The certificate is lost.

2. Conditions for reissuing or adjusting and supplementing the content of capacity certificates:

a. Submitting an application for reissuing or adjusting and supplementing the content of capacity certificates according to the form at Appendix 3 of this Circular via postal service or directly to the issuing authority;

b. Providing the old certificate in cases where the old certificate is torn, damaged, or where there is a request to adjust or supplement the content of activities, or if the old certificate has expired;

c. Providing the required documents as stipulated in Clauses 2, 3, and 4 of Article 20 of this Circular in cases where there is a request to adjust or supplement the content of activities;

d) Not violating regulations on investment in construction and related laws.

3. The time limit for reissuing or adjusting and supplementing the content of capacity certificates shall be as prescribed for new issuances.

4. The content and validity period of capacity certificates are as follows:

a. Recording the content and validity period of the old certificate accurately in cases of loss or tearing, damage;

b. Supplementing the content of activities according to the validity period of the old certificate in cases of requests to adjust or supplement the content of activities;

c. In cases of expiration, the content and validity period recorded in the certificate shall be implemented as prescribed for new issuances.

5. The authority to reissue, adjust, and supplement the content of capacity certificates shall be carried out as prescribed in Article 12 of this Circular.

Article 24. Rights and Obligations of Organizations Applying for Capacity Certificates

1. Organizations applying for capacity certificates have the following rights:

a. Requesting information about the issuance of capacity certificates;

b. Engaging in construction activities nationwide within the scope defined in the capacity certificate;

c. Filing complaints or reports against violations of laws related to the issuance and use of capacity certificates.

2. Organizations applying for capacity certificates have the following obligations:

a. Truthfully declaring the application dossier for capacity certificates as prescribed in this Circular; bearing legal responsibility for the accuracy of the contents declared in the dossier, and paying the prescribed fees;

b. Operating within the scope and range of activities recorded in the issued capacity certificate, complying with laws on construction and other relevant laws;

c. Not erasing or altering capacity certificates;

d. Legal representatives of organizations presenting capacity certificates and complying with inspection and audit requirements when requested by competent authorities;

đ. Notifying the issuing authority of capacity certificates of any changes related to construction activity capacity.

Chapter IV

ANNOUNCEMENT OF CAPACITY INFORMATION AND PROFESSIONAL TRAINING FOR CONSTRUCTION ACTIVITIES

Article 25. Principles for Publishing Information on the Capacity of Organizations and Individuals Engaged in Construction Activities

1.     Domestic and foreign organizations and individuals participating in construction activities in Vietnam in accordance with Clause 21, Article 3 of the Construction Law 2014 shall be responsible for publicly publishing information on their construction capacity in accordance with this Circular.

2.     Organizations and individuals who have been issued certificates of capacity and practice certificates in accordance with this Circular shall publish information on their capacity on the electronic information website of the issuing authority.

3.     The competent authority as stipulated in Clause 1, Article 69 of Decree 59/CP shall examine and inspect, if necessary, the information on the construction capacity of organizations and individuals to be publicly published on the electronic information website managed by the supervisory agency.

4. All information on the construction capacity of organizations and individuals published on the electronic information websites of Construction Departments must be transferred to the Ministry of Construction for review, data integration, and publication on the electronic information website managed by the Ministry of Construction as a basis for searching and selecting organizations and individuals participating in construction activities nationwide.

Article 26. Publishing Information on Construction Capacity

1.     Within seven days from the date of issuance of the practice certificate or capacity certificate, the issuing authority and the Ministry of Construction shall be responsible for publishing information on the construction capacity of organizations and individuals on the electronic information website they manage.

2.     Lecturers of organizations providing professional training in construction activities shall submit an application for publishing information to the Ministry of Construction for review and publication on the electronic information website of the Ministry of Construction, including the following documents:

a)     An application for publishing information according to Form 12 of this Circular;

b)    Copies of diplomas relevant to the content of their teaching activities;

c)     A declaration of professional qualifications and practical experience in professional activities according to Form 2 of this Circular.

3.     Organizations participating in construction activities outside the fields requiring capacity certificates and foreign contractors participating in construction activities in Vietnam shall submit an application for publishing information to the Ministry of Construction for review and publication on the electronic information website of the Ministry of Construction, including the following documents:

a)     An application for publishing information on construction capacity according to Form 13 of this Circular;

b)     Copies of the business registration certificate or investment certificate or equivalent documents of the organization issued by the competent authority;

c)     A file containing color scans in image format or other formats (*.pdf) of diplomas, training certificates, practice certificates, labor contracts of key individuals in the organization;

d)     A file containing color scans in image format or other formats (*.pdf) of contracts and completion acceptance records (no more than three contracts and three completion acceptance records for each field of outstanding work). In case of necessity, the competent authority may request organizations and individuals applying for information publication to provide original documents for verification.

đ)     Documents of foreign contractors specified in Points b and c of this Clause must be legalized and translated into Vietnamese and notarized or certified in accordance with Vietnamese law.

4.     Within seven days from the date of receipt of the application, the Ministry of Construction shall notify once in writing to the organizations and individuals specified in Clauses 2 and 3 of this Article to complete the application if it is incomplete or invalid. Within fifteen days from the date of receipt of valid applications, the Ministry of Construction shall be responsible for reviewing and publishing the information on its electronic information website.

5.     The content of publishing information on construction capacity is as follows:

a)     For individuals: full name, year of birth, permanent address; professional qualifications, number of certificates, grade, and scope of practice.

b)     For organizations: name of the organization, main office address; legal representative; establishment decision; business registration certificate; number of individuals holding key positions; grades of capacity certificates issued or corresponding scope of activities in each field. The organization has the right to request additional information on outstanding projects and works undertaken, forms of participation, tasks performed, and forms of recognition.

Article 27. Amendment and Supplement of Construction Activity Capacity Information

1.     Within fifteen days from the date when organizations or individuals have changes or adjustments to the information that has been published, such organizations or individuals shall be responsible for providing the contents of the adjustment in writing accompanied by a color scanned file in image format or other formats (*.pdf) related documents to the authority that published the information for review and adjustment.

2.     Within a maximum period of fifteen days from the date of receiving complete information, the authority that published the information shall be responsible for reviewing and publishing the adjusted information of organizations or individuals on its managed electronic information website.

Article 28. Removal of Construction Activity Capacity Information of Organizations and Individuals Already Published

1.     Organizations and individuals will have their construction activity capacity information removed when they violate any of the following acts:

a)     Providing incorrect information or failing to declare and report changes in information as required; violating the provisions of Clause 1, Article 25 of this Circular.

b)     Violating laws in construction investment activities.

c)     Engaging in construction activities beyond their capacity conditions.

2.     The authority that publishes construction activity capacity information shall be responsible for notifying in writing and on its electronic information website about the violations committed by organizations and individuals. Within thirty days from the date of sending the notification, if organizations or individuals do not provide explanations or rectify the violations, their published information will be removed.

Article 29. Archiving of Published Records

1.     The authority that publishes construction activity capacity information shall be responsible for archiving the published records to serve inspection work and supplement published information when necessary.

2.     The archived records include documents within the application dossier for issuance of practice certificates, capacity certificates; recognition of organizations providing vocational training for construction activities; and publication of information as stipulated in this Circular.

Chapter V

IMPLEMENTATION

Article 30. State Management of Construction Activity Capacity

1.     The Ministry of Construction shall uniformly manage state administration over construction activity capacity including:

a)     Directing, inspecting, and handling violations related to the implementation of this Circular throughout the country.

b)     Issuing a framework program on professional vocational training for construction activities; announcing, updating, and adjusting multiple-choice questions for examination to issue practice certificates.

c)     Issuing model regulations on the operation of the Examination Board for issuing practice certificates and the Examination Board for issuing capacity certificates.

d)     Issuing certificate number for practice certificates and capacity certificates for construction activities throughout the country.

đ) Managing the publication of construction activity capacity information throughout the country.

e)     Deciding on the conversion of foreign individual practice certificates for construction activities in Vietnam.

g) Assigning specialized agencies under the Ministry of Construction to implement the contents as prescribed in this Circular.

2.     The Ministry of Construction shall assign the Construction Activity Management Department to perform the following tasks:

a) Being the central agency for issuing and managing certificate numbers for practice certificates and capacity certificates throughout the country; issuing, adjusting, supplementing, reissuing, revoking practice certificates and capacity certificates, and publishing construction activity capacity information as prescribed in this Circular; handling violations regarding construction activity capacity conditions according to its authority.

b) Summarizing the situation of issuing practice certificates and capacity certificates for construction activities nationwide.

4. Provincial Construction Departments

a)     Implementing management regulations on construction activity capacity conditions as prescribed in this Circular.

b)     Issuing, adjusting, supplementing, reissuing, revoking practice certificates and capacity certificates of Class II and Class III, and publishing construction activity capacity information as prescribed in this Circular.

c)     Inspecting and auditing the construction activity capacity of organizations and individuals within their administrative boundaries; handling violations regarding construction activity capacity conditions according to their authority.

d)     Regularly reporting to the Ministry of Construction before December 15th each year or at any time about the situation of issuing practice certificates and capacity certificates, publishing construction activity capacity information, and managing construction activity capacity at the local level.

Article 31. Transitional Provisions

1.     Before September 1, 2016, the issuance of individual practice certificates, assessment of organizational construction activity capacity, and public disclosure of construction activity capacity information of organizations and individuals participating in construction activities shall be implemented according to the provisions of Circular No. 12/2009/TT-BXD dated June 24, 2009, of the Ministry of Construction detailing the issuance of construction activity practice certificates; Circular No. 05/2010/TT-BXD dated May 26, 2010, of the Ministry of Construction guiding the training and issuance of construction valuation engineer certificates; Circular No. 22/2009/TT-BXD dated July 6, 2009, of the Ministry of Construction detailing the conditions for construction activity capacity; and Circular No. 11/2014/TT-BXD dated August 25, 2014, of the Ministry of Construction detailing the public disclosure of construction activity capacity information of organizations and individuals participating in construction works.

2.     Provisions concerning practice certificates issued by competent authorities prior to the effective date of this Circular:

a)     For practice certificates with an expiration date noted, individuals may continue to use them until the expiration date. For practice certificates without an expiration date noted, individuals may continue to use them until June 30, 2018.

b)     From the effective date of this Circular, individuals holding practice certificates as specified in Point a of this Clause who wish to convert their practice certificates shall follow the provisions of Clause 3 of this Article.

3. The conversion of practice certificates shall be carried out as follows:

a) An individual submits one set of application files for converting the practice certificate to the competent authority issuing the practice certificate, including: the application form for converting the practice certificate according to Model 11 of this Circular; a color scanned file of the original practice certificate that is still valid; a color scanned file of the original declaration on professional experience in construction activities as prescribed in Clause 3, Article 14 of this Circular.

b) The determination of professional qualifications and the period of professional experience participating in construction activities corresponding to the category of the requested converted practice certificate shall be implemented in accordance with the provisions of Clause 2, Article 45 of Decree 59/CP and Article 6 of this Circular.

c) The procedures and formalities for examination and conversion of certificates shall be carried out as prescribed for new issuance cases. Individuals requesting conversion of the practice certificate are exempted from examinations on professional knowledge content.

Article 32. Handling Violations

1. Violation acts:

a) Organizations and individuals failing to fulfill obligations as stipulated in Clause 2, Article 19 and Clause 2, Article 24 of this Circular.

b)     Violating laws in construction investment activities.

2. Forms of handling:

a) Organizations and individuals committing violations as prescribed in Clause 1 of this Article shall not be considered for issuance or have their certificates revoked and their construction activity capacity information removed from public records for a period of one year from the date of discovery of the violation.

b) In addition to having their certificates revoked, depending on the level of violation, organizations and individuals who violate may also be subject to administrative penalties, compensation for damages, or criminal liability as prescribed by law.

3. Competent authority for handling violations:

a) The competent authority issuing practice certificates and capacity certificates shall handle violations as prescribed in Point a, Clause 2 of this Article.

b) The competent authority as prescribed by law shall handle violations as prescribed in Point b, Clause 2 of this Article.

Article 33. Effective Date

1. This Circular takes effect from September 1, 2016. However, the provisions of Clause 1, Article 31 of this Circular take effect from the date of issuance of this Circular.

2. From the date this Circular takes effect, the regulations in the following Circulars: Circular No. 12/2009/TT-BXD dated June 24, 2009 of the Ministry of Construction guiding detailed implementation of the issuance of practice certificates for construction activities; Circular No. 05/2010/TT-BXD dated May 26, 2010 of the Ministry of Construction guiding training and upgrading skills in construction cost estimation and issuance of construction cost estimator certificates; Circular No. 22/2009/TT-BXD dated July 6, 2009 of the Ministry of Construction detailing conditions for capacity in construction activities; Circular No. 25/2009/TT-BXD dated July 29, 2009 of the Ministry of Construction guiding training and upgrading skills in project management and construction supervision; and Circular No. 11/2014/TT-BXD dated August 25, 2014 of the Ministry of Construction prescribing public disclosure of capacity information of organizations and individuals participating in construction investment activities shall cease to be effective.

3. Central agencies, Ministries, agencies equivalent to Ministries, agencies under the Government; People's Committees of provinces and centrally-administered cities; organizations and individuals participating in construction activities and related organizations and individuals are responsible for implementing the guidelines of this Circular./.