Circular No. 25/2009/TT-BXD guiding the training of project management skills for construction investment projects and construction site supervision.

CIRCULAR

Guidelines for training project management skills for construction investment projects

and construction supervision

 _______________

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

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

The Ministry of Construction provides guidelines for training project management skills for construction investment projects and construction supervision as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation: These guidelines regulate activities related to training project management skills for construction investment projects (hereinafter referred to as QLDA) and construction supervision (hereinafter referred to as GSTC) under Articles 36, 40, and 57 of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management, including: provisions on the capacity conditions of training institutions; registration, evaluation, and recognition of training institutions; framework program provisions; organization of training activities, issuance of training certificates; management, inspection, and handling of violations in training activities.

2. Applicability: Organizations and individuals, both domestic and foreign, involved in training project management skills for construction investment projects and construction supervision; state management agencies for construction.

Article 2. Purpose, Requirements, and Recipients of Training Activities

1. Purpose: To ensure that trainees have the necessary qualifications when participating in QLDA or GSTC.

2. Requirements: Provide legal and specialized knowledge about QLDA and GSTC; methods, skills, and practical experience for individuals directly involved in QLDA and GSTC.

3. Recipients: Individuals with a college degree or higher in fields related to construction activities.

Chapter II

CONDITIONS OF CAPACITY, REGISTRATION, EVALUATION AND RECOGNITION OF TRAINING INSTITUTIONS

Article 3. Conditions for Recognizing Training Institutions

1. Legal Status: Training institutions from vocational colleges upwards, schools for cadre training, institutes, academies, research centers with the function of training specialized construction skills; training centers with functions under relevant professional associations related to construction activities.

For other legal entities, the Ministry of Construction will consider specifically based on demand and actual circumstances to recognize them.

2. Physical Facilities for Training:

a) Ensure classrooms with appropriate scale and facilities suitable for the number of trainees and teaching equipment meeting teaching and learning requirements.

b) Have laboratories or video discs to introduce specialized construction experiments (for training GSTC skills).

3. Teacher:

a) Training institutions must have at least 40% of their instructors in permanent positions or on indefinite-term contracts among all instructors involved in QLDA or GSTC training.

b) Standards: Graduates of bachelor's degrees or higher in relevant majors; Instructors teaching QLDA and GSTC skills must have at least seven years of practical experience working in project management, construction economic management; surveying, design; construction; construction supervision; research and teaching in construction specialties.

c) Instructors must provide a declaration of their professional qualifications and practical experience in their profession.

4. Teaching Materials:

a) Teaching materials must be printed and bound into volumes along with test questions for the QLDA or GSTC training program.

b) Content of teaching materials must comply with the framework program stipulated in Appendix 1 and Appendix 2 issued together with this Circular.

5. Training Management:

a) Have a management system capable of meeting professional and operational requirements to organize training sessions, store student records, and related documentation for QLDA and GSTC training activities.

b) Have a quality management and control process for training activities.

c) Have a course supervisor with at least five years of experience organizing training or workshops in areas related to construction activities.

Article 4. Registration Documents

1. Registration: Training institutions that have needs and meet the capacity conditions specified in Article 3 of this Circular may prepare registration documents to be submitted to the Ministry of Construction for consideration and recognition as a training institution for construction project management or general technical supervision.

Training institutions wishing to organize training for multiple construction specialties (civil, industrial, technical infrastructure; transportation; water resources, hydropower) must prepare registration documents demonstrating their capacity for each specialty.

2. The registration documents include: Documents proving and explaining the training institution's compliance with the capacity conditions specified in Article 3 of this Circular, specifically as follows:

a) A letter requesting permission to organize training for construction project management or general technical supervision;

b) Legal documents: Decision on establishment, Regulations on functions and responsibilities, registration for scientific activities, Charter of organizational operations;

c) Declaration and confirmation of the training institution's capacity (facilities, equipment, laboratories);

d) Teaching materials and examination questions;

đ) List of lecturers (with declarations of professional qualifications and practical experience in their professions), accompanied by teaching contracts or labor contracts.

Article 5. Review and Recognition of Training Institutions

1. Review: The Ministry of Construction establishes a Committee to review the registration documents of training institutions. Prior to convening the Committee, the Ministry of Construction may conduct direct inspections of the training institution's capacity according to the provisions set out in Article 3 of this Circular.

2. Recognition: Based on the review results, the Ministry of Construction decides to recognize training institutions as having the necessary conditions to organize training for construction project management or general technical supervision.

For general technical supervision training programs, the Decision may recognize the training institution's ability to provide general technical supervision training for one or more construction specialties (civil, industrial, technical infrastructure; transportation; water resources, hydropower).

Chapter III

ORGANIZATION OF TRAINING AND ISSUANCE OF TRAINING CERTIFICATES

Article 6. Organization of Training for Construction Project Management or General Technical Supervision

1. Training institutions shall implement regulations on organizing training as follows:

a) Announce enrollment information, specifying the training field, requirements for students, course program and content, time, location, fees, and other necessary information;

b) Notify the plan for organization (time, location, duration, lecturers) to the Ministry of Construction and the local Construction Department before the start date of the course for monitoring and inspection if necessary. In case of changes to the plan, the training institution must promptly notify the Ministry of Construction and the local Construction Department;

c) Disseminate the rules and regulations of the course and provide all course materials to students on the first day of the course;

d) Organize teaching and learning according to the program, ensuring content and duration. Ensure that lecturers attend classes as listed in the registered schedule. Organize monitoring of student study hours;

đ) Organize examinations, evaluations, and grading to issue certificates to students;

e) Solicit feedback from students about the course;

g) Send the decision to issue certificates and list of students who received certificates, report on the implementation of any changes in the plan to the Ministry of Construction and the local Construction Department within seven days from the end of the course.

2. Courses for construction project management and general technical supervision training must be organized centrally, ensuring sufficient time and content as stipulated in the framework program. Encourage training institutions to expand the content of each topic and add advanced topics to the course. The number of students in one class should not exceed 150 to ensure the quality of teaching and learning.

3. Students are not required to attend all topics continuously in the same course but can participate in different topics of various courses offered by the same training institution. The period from the start to the completion of the training does not exceed twelve months.

If students already have certificates from other approved training programs by the Ministry of Construction and competent authorities, they may be exempted from attending topics they have already completed in those programs provided that the content and duration are equivalent to the provisions of this Circular. The training institution is responsible for verifying, retaining copies of the certificates, and bearing responsibility for the decision to exempt students from these topics.

4. For courses in remote areas, training institutions may adjust the content of topics to suit specific requirements for construction project management and general technical supervision of the locality, sending the adjusted content to the Ministry of Construction and the local Construction Department seven days prior to the course for review. Such adjustments must still comply with the number of topics and total duration as specified in the framework program.

5. The level of tuition fees and the management and use of tuition fees are determined by the training institution based on ensuring reasonable compensation for the costs of the course.

Article 7. Examination Council for Learning Results and Granting Certificates

The heads of training institutions decide to establish the Examination Council for Learning Results, issue the Rules of Operation of the Council to manage the organization of training, evaluation of examination results, final classification, and granting certificates for construction supervision business training or construction management business training for trainees.

Article 8. Issuing Training Certificates for Construction Supervision Business or Construction Management Business

1. Trainees participating in the training program must attend at least 80% of the scheduled time and achieve satisfactory learning outcomes as evaluated by the Examination Council to be eligible for issuance of a certificate for construction supervision business training or construction management business training. The training institution must maintain a record of the issuance of such training certificates.

2. The training institution is responsible for printing and managing the certificates for construction supervision business training or construction management business training. The content, form, and specifications of these certificates shall follow the models provided in Appendix 3 and Appendix 4 of this Circular.

Article 9. Reissuing Training Certificates for Construction Supervision Business or Construction Management Business

1. Individuals who have been issued a training certificate may request the training institution to reissue the certificate in cases where the certificate is torn, damaged, or lost.

2. The applicant must submit a formal application for reissuance of the training certificate with a photograph attached and confirmed by the direct supervising authority or professional association.

3. The training institution that initially issued the training certificate to the trainee must base the reissuance on the original file. The content of the reissued certificate must match the original. The training institution can only reissue the certificate once for each individual and clearly indicate it as the second issuance on the certificate. If requesting a third issuance, the individual must participate in a new training course as if they were attending for the first time.

Article 10. Recordkeeping of Documents

The training institution is responsible for establishing and retaining files for at least five years following each training course to serve state agencies' inspection work and the reissuance of certificates to trainees, including:

1. Lists and enrollment files of trainees, decisions and lists of trainees granted certificates (including full name, date of birth, profession, academic level, address, workplace) for each training course, examination scores confirmed by the training institution;

2. Lists of lecturers participating in teaching for each training course including: full name, date of birth, profession, academic level, address, workplace.

3. Original registers and management records for issuing certificates for construction supervision business training or construction management business training.

Chapter IV

MANAGEMENT REGIME, REPORTING, INSPECTION AND VIOLATION HANDLING

Article 11. Management and Inspection of Construction Supervision Business and Construction Management Business Training Activities

1. The Ministry of Construction uniformly manages the activities of construction supervision business and construction management business training, directs and coordinates with Provincial Construction Departments in inspecting compliance with regulations on construction supervision business and construction management business training and handling violations within their jurisdiction against training institutions.

2. The Construction Department shall be responsible for:

a) Proactively inspect and coordinate with the Ministry of Construction to inspect the construction supervision business and construction management business training activities of training institutions in their respective areas. Inspection results must be recorded in minutes.

b) Recommend measures to handle violations by training institutions with headquarters in their area and those organizing construction supervision business and construction management business training in their area.

Article 12. Handling Violations

1. Forms of violation by training institutions: leasing or lending legal status; organizing training outside recognized fields; shortening the duration of the program, not organizing examinations for trainees; lecturers not meeting required standards; failing to publicly disclose necessary information to trainees when announcing admissions; lacking management procedures; not establishing an examination council for learning results; not reporting to the Ministry of Construction and Provincial Construction Departments before organizing a training course; not submitting regular reports to the Ministry of Construction as required; not retaining student files after the course; not sending decisions on certificate issuance and lists of certificate recipients to the Ministry of Construction and Provincial Construction Departments; violating other provisions of this Circular.

2. Handling of violations by training institutions: Depending on the severity of the violation, training institutions may be subject to various forms of handling: warning, remedying consequences of the violation, compensating damages, temporary suspension, revocation for a period or permanently of the decision recognizing the training institution for construction supervision business or construction management business training.

The head of the training institution and related individuals may be subject to disciplinary action, administrative penalties, compensation for damages, or criminal prosecution depending on the severity of the violation according to the law.

3. Authority to handle violations:

a) The Ministry of Construction has the authority:

- To decide on requiring remediation of the consequences of violations, temporary suspension, revocation for a period or permanently of the decision recognizing the training institution; to announce on the Ministry of Construction's website about the violations of the training institution.

- To revoke the decision recognizing the conditions for organizing training if the training institution cannot organize construction supervision business or construction management business training courses within 24 months from the date of recognition.

b) The Provincial Construction Department has the authority:

- To warn in writing regarding violations by training institutions in their localities and report to the Ministry of Construction.

- To invalidate the training certificates of individuals in their locality if violations by the training institution in issuing certificates or by individuals in their practice are discovered and report to the Ministry of Construction.

Article 13. Reporting regime

1. Training institutions are responsible for reporting every six months and annually on the situation of construction supervision business or construction management business training, self-assessment, and suggestions for improvement of these activities (if any) to the Ministry of Construction to serve annual quality assessment. The content of the report follows the model specified in Appendix 5 of this Circular.

2. The Information Center of the Ministry of Construction is responsible for updating the list of recognized training institutions for construction supervision business and construction management business training, information about training institutions, and individuals who violate the rules to be published on the Ministry of Construction's website.

Chapter V

IMPLEMENTATION

Article 14. Transitional Provisions

1. Training institutions for construction supervision business that have been recognized by the Ministry of Construction prior to the effectiveness of this Circular:

a) Shall continue to organize training and professional supervision of construction works until December 31, 2009. After this period, they must re-register.

b) Must complete the revision of teaching materials and examination questions according to the framework program in Appendix 2 of this Circular and report to the Ministry of Construction before October 31, 2009.

c) Shall comply with other contents prescribed in this Circular.

2. Certificates of professional training for construction supervision issued by training institutions recognized by the Ministry of Construction prior to the effective date of this Circular shall remain valid.

3. Individuals who have participated in professional training courses for project management prior to the effective date of this Circular:

a) Shall register and participate in the examination according to the content of this Circular at training institutions recognized by the Ministry of Construction;

b) Shall be eligible for issuance of certificates of professional training for project management in accordance with this Circular if the examination results meet the requirements.

Article 15. Implementation Provisions

1. This Circular takes effect from September 10, 2009, and replaces the following documents:

a) Decision No. 12/2005/QĐ-BXD dated April 18, 2005, of the Minister of Construction on the Issuance of Professional Practice Certificates for Construction Supervision.

b) Decision No. 1857/QĐ-BXD dated September 29, 2005, of the Minister of Construction on the Framework Program for Professional Training in Construction Supervision.

2. Any issues arising during implementation shall be reported to the Ministry of Construction for consideration and resolution./.