Circular No. 24/2016/TT-BXD Amending and supplementing certain provisions of related circulars concerning project management for investment construction

CIRCULAR

Amending and supplementing certain articles of circulars issued within the authority of the Minister of National Defense

relating to project management for investment construction

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Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

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;

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Project Management for Investment Construction;

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

The Minister of Construction issues the Circularamending and supplementing some Articles of related Circulars concerning project management for investment construction.

Article 1. Amending and supplementing Clause 2 Article 31, Appendix No. 2a and Appendix No. 07 of Circular No. 17/2016/TT-BXD dated June 30, 2016 guiding the capacity of organizations and individuals participating in construction activities (hereinafter referred to as Circular No. 17/2016/TT-BXD) as follows:

1. Amending and supplementing Clause 2 Article 31 as follows:

"2. Provisions regarding practice certificates that have been issued by competent authorities prior to the effective date of this Circular:
a) For practice certificates with validity periods indicated, individuals may continue to use them until their expiration dates. For practice certificates without validity periods indicated, individuals may continue to use them until June 30, 2018. The continued use and conversion of practice certificates shall be carried out in accordance with Point b of this Clause.
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. In cases where individuals do not convert their practice certificates, the determination of the grade of the practice certificate shall be carried out as follows:

Individuals holding practice certificates shall base their declarations and self-determination of the grade of the practice certificate according to the general conditions stipulated in Clause 1, Clause 2 of Article 45 of Decree 59/CP and the corresponding conditions for issuing practice certificates for each field stipulated in Articles 46, 47, 48, 49, and 52 of Decree 59/CP, using the form at Appendix No. 02a of this Circular as the basis for participating in construction activities as prescribed.
c) Individuals already holding practice certificates for construction supervision or design may engage in construction inspection work until December 31, 2016. The scope of construction inspection activities shall be carried out in accordance with the provisions of Clause 2 of Article 50 of Decree 59/CP corresponding to the grade of the construction supervision or design practice certificate that has been issued.

d) Individuals holding practice certificates that expire after March 1, 2016 may continue to practice until December 31, 2016. The determination of the grade of the practice certificate shall be carried out in accordance with Point b of this Clause. In cases where individuals wish to convert their practice certificates, they shall follow the provisions of Clause 3 of this Article."

2. Replacing Appendix No. 2a issued together with Circular No. 17/2016/TT-BXD with Appendix No. 01 issued together with this Circular.

3. Amending and supplementing Appendix No. 07 issued together with Circular No. 17/2016/TT-BXD with Appendix No. 02 issued together with this Circular.

Article 2. Amending and supplementing Clause 1 Article 33 of Circular No. 17/2016/TT-BXD as follows:

"1. This Circular takes effect from September 1, 2016. However, the provisions of Clause 1 Article 31 of this Circular take effect from June 30, 2016; the examination and issuance of practice certificates as prescribed in this Circular shall be implemented from December 1, 2016."

Article 3. Abolishing Clause 3 Article 13 of Circular No. 18/2016/TT-BXD dated June 30, 2016 detailing and guiding certain contents regarding project appraisal and approval and design and estimate of construction works.

Article 4. Implementation and Effectiveness

1. This Circular takes effect from September 1, 2016.

2. Competent state agencies managing construction activity capacity shall be responsible for resolving and guiding the determination of construction activity capacity when requested or required by relevant agencies, organizations, or individuals.

3. During the implementation process, if there are any difficulties, organizations and individuals are advised to send their opinions to the Ministry of Construction for review and appropriate amendments./.