Decision No. 27/2000/QD-BXD On Issuing Regulations on Conditions for Construction Business Operations

DECISION

Regarding the issuance of theProvisions on Conditions for Construction Business

 _______________

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CPdated March 4, 1994 of the Government on the functions, tasks, powers, andorganizational structure of the Ministry of Construction;

Pursuant to the Investment andConstruction Management Regulations issued together with Decree No. 52/1999/NĐ-CPdated July 8, 1999 of the Government;

Pursuant to Decree No. 03/2000/NĐ-CP dated February 3, 2000 of theGovernment guiding the implementation of certain Articles of the Enterprise Law;

Pursuant to Decree No. 30/2000/NĐ-CP dated August 11, 2000 of theGovernment on the abolition of some licenses and the conversion of some licensesinto business conditions;

At the proposal of the Directorof the Policy Department and the Director of the Legal Department.

DECISION:

Article 1. The attached Decision promulgates the "Provisions on Conditionsfor Construction Business".

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. Ministries; ministerial-levelagencies; agencies under the Government; central agencies of mass organizations;People's Committees of provinces and centrally governed cities and relevantorganizations and individuals shall be responsible for organizing theimplementation of this Decision.

PROVISIONS ON CONDITIONS FORCONSTRUCTION BUSINESS

(Issued together with DecisionNo. 27/2000/QĐ-BXD dated December 8, 2000 of the Minister of Construction)

The following constructionbusiness areas must meet conditions when conducting business (no license required):

1. Construction SurveyBusiness;

2. Engineering Design Business;

3. Construction InstallationBusiness.

I. Conditions for ConstructionSurvey Business:

1. Possess a Business RegistrationCertificate for Construction Survey Business;

2. Labor usage must complywith labor laws;

3. If using a laboratory forconstruction survey business purposes, such laboratory must be recognized asstandard-compliant according to the "Regulations on Recognition ofSpecialized Construction Laboratories" issued together with Decision No. 65/BXD-KHCN dated March 22, 1995 of the Minister of Construction;

4. When using machinery, equipment,materials, and substances with strict safety requirements, compliance with theprovisions of Circular No. 22/TT-LĐTBXH dated November 8, 1996 of the Ministryof Labor, Invalids, and Social Affairs on "Guidelines for Reporting, Registeringand Applying for Licenses to Use Machinery, Equipment, Materials, and Substanceswith Strict Safety Requirements" must be ensured.

II. Conditions for EngineeringDesign Business:

1. Possess a Business RegistrationCertificate for Engineering Design Business;

2. Professional labor usagemust be trained and comply with labor laws;

3. Establish a product qualitymanagement organization for engineering design projects according to theInvestment and Construction Management Regulations (issued together with DecreeNo. 52/1999/NĐ-CP dated July 8, 1999 of the Government) and construction projectquality management regulations (issued together with Decision No. 17/2000/QĐ-BXDdated August 2, 2000 of the Minister of Construction);

4. Implement related insurancepolicies as prescribed by law;

5. The enterprise manager (asprovided in Clause 3, Article 6 of Decree No. 03/2000/NĐ-CP dated February 3,2000 of the Government) must hold a professional practice certificate forengineering design projects and comply with the provisions of the "Regulationson Issuance of Professional Practice Certificates for Engineering DesignProjects" issued together with Decision No. 23/2000/QĐ-BXD dated November13, 2000 of the Minister of Construction.

III. Conditions for ConstructionInstallation Business:

1. Possess a Business RegistrationCertificate for Construction Business;

2. Labor usage must complywith labor laws;

3. Establish a constructionproject quality management organization according to the Investment andConstruction Management Regulations (issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government) and construction project qualitymanagement regulations (issued together with Decision No. 17/2000/QĐ-BXD datedAugust 2, 2000 of the Minister of Construction);

4. Implement related insurancepolicies as prescribed by law;

5. If using a laboratory forconstruction installation business purposes, such laboratory must be recognizedas standard-compliant according to the "Regulations on Recognition ofSpecialized Construction Laboratories" issued together with Decision No. 65/BXD-KHCN dated March 22, 1995 of the Minister of Construction;

6. Machinery and equipment usagefor construction operations must ensure safe operation. When using machinery,equipment, materials with strict safety requirements, compliance with theprovisions of Circular No. 22/TT-LĐTBXH dated November 8, 1996 of the Ministryof Labor, Invalids, and Social Affairs on "Guidelines for Reporting,Registering and Applying for Licenses to Use Machinery, Equipment, Materials, andSubstances with Strict Safety Requirements" must be ensured;

7. Direct constructioninstallation supervisors must have a degree in the relevant construction field(at least a college diploma) and have directly participated in at least oneconstruction project. Workers used in construction operations must be trainedand hold certificates in their specialty and be proficient in occupational safetyskills.

IV. Management of ConstructionBusiness Activities:

1. Enterprises, organizations,and individuals engaged in construction business must fully meet the conditionsset forth herein, bear full responsibility for their products, and be subject toinspection and supervision by local construction management authorities andother competent authorities as prescribed by law.

2. Construction managementauthorities at all levels shall be responsible for organizing inspections andaudits of the implementation of construction business conditions and handlingviolations within their authority or referring them to competent authorities forlegal action.