THE MINSITRY OF CONSTRUCTION
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 08/2018/TT-BXD
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Hanoi, October 05, 2018
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CIRCULAR
GUIDELINES FOR CERTAIN DETAILS REGARDING CONSTRUCTION
PRACTICING CERTIFICATE, CERTIFICATE OF ELIGIBILITY FOR CONSTRUCTION ACTIVITIES,
AND MANAGEMENT OF FOREIGN CONSTRUCTION CONTRACTORS IN VIETNAM
Pursuant to the Law on
Construction No. 50/2014/QH13;
Pursuant to the
Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining functions,
tasks, entitlements and organizational structure of the Ministry of
Construction;
Pursuant to the
Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction
project management;
Pursuant to the
Government’s Decree No. 42/2017/ND-CP dated April 05, 2017 on amendments to
some Articles of the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015
on construction project management;
Pursuant to the
Government’s Decree No. 100/2018/ND-CP dated July 16, 2018 amending and annulling
some regulations on necessary business conditions in fields under the
management of the Ministry of Construction (hereinafter referred to as “the
Decree No. 100/2018/ND-CP”);
At the request of the
Director of the Construction Activities Management Agency,
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Article
1. Scope and regulated entities
1. Scope: This Circular
provides guidelines for certain details regarding construction practicing
certificate, certificate of eligibility for construction activities, and
management of foreign construction contractors in Vietnam.
2. Regulated entities:
This Circular applies to domestic organizations and individuals; foreign
organizations and individuals carrying out construction activities within the
territory of Vietnam.
Article
2. Appropriate disciplines as the basis for issuance of the construction
practicing certificate
The discipline of an
individual shall be considered appropriate if it is relevant to the field that
is covered by the construction practicing certificate applied for. To be specific:
1. Regarding construction
survey
a) Topographical survey:
one of the following disciplines is required: geology, geodesy, mapping,
construction engineering;
b) Geological survey: one
of the following disciplines is required: geology, construction engineering.
2. Regarding construction
planning, one of the following disciplines is required: architecture,
construction planning, urban economics, infrastructure or other disciplines
related to requirements for setting up construction planning project.
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a) Architecture design:
the discipline must be architecture;
b) Civil - industrial
structure design: the discipline must be construction engineering and the
training program must provide subjects related to types of civil - industrial
structures;
c) Mechanical -
electrical design: the disciplines must be engineering related to electrical
engineering, mechanical engineering, air ventilation – heat supply and
dissipation engineering;
d) Water supply and
drainage design: the discipline must be engineering related to water supply and
drainage;
dd) Transport
construction engineering design: the discipline must be transport construction
engineering;
e) Agricultural and rural
development engineering design: the discipline must be construction engineering
related to agricultural and rural development engineering design;
d) Infrastructural
engineering design: the discipline must be engineering related to
infrastructural engineering design.
4. Regarding construction
supervision practicing
a) Construction
supervision: one of the following disciplines is required: construction
engineering, construction economics, architecture or other engineering
disciplines related to construction engineering;
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5. Regarding construction
valuation practicing, engineering economics or other engineering disciplines
are required.
6. Regarding project
management practicing, one of the following disciplines is required:
construction engineering, architecture, construction economics or other
engineering disciplines related to the type of project or work covered in the
practicing certificate applied for.
Article
3. Organization of tests for issuance of the construction practicing
certificate
1. If an individual
applies for issuance or reissuance of the practicing certificate in case of its
expiry, adjustment or upgrade of the practicing certificate, the test consists
of 05 questions about legal knowledge and 20 questions about working experience
(professional knowledge) related to the field covered by the practicing
certificate applied for. A test lasts up to 30 minutes and Maximum score for
each test is 100 points of which the maximum score for professional knowledge
questions and legal knowledge questions is 80 and 20 points respectively. Any
individual that gets at least 16 points for legal knowledge questions and a
total of at least 80 points is eligible to be issued with the practicing
certificate.
2. In case of exemption
from professional knowledge questions, the test includes 10 legal knowledge
questions. The test lasts up to 12 minutes. The maximum score for each test is
40 points. Any individual that gets at least 32 points is eligible to be issued
with the practicing certificate.
3. The applicant for
reissuance of the practicing certificate in case of loss or damage is not
required to take the test.
4. Regarding the
individual that applies for issuance of the construction practicing certificate
but has yet to obtain the test result, the time limit for considering issuing the
certificate specified in Clause 17 Article 1 of the Decree No. 100/2018/ND-CP
begins from the date on which the test result is available.
5. The issuing authority
shall notify the date and place of the test, and list of individuals
eligible/ineligible to take the test at least 03 days before the test is
organized.
Article
4. Issuance of the certificate of eligibility for construction activities
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2. Corresponding to each
rank and field covered by the certificate of eligibility for construction
activities applied for, the organization must employ qualified individuals to
hold titles whose holders are required to have the practicing certificate
corresponding to their title and individuals performing tasks appropriate to
their qualification. Each individual of an organization may hold one or
multiple titles whose holders are required to have the practicing certificate
and perform tasks if corresponding eligibility requirements are satisfied as
prescribed.
Tasks performed by an
individual of the organization shall be considered relevant to the field or type
covered by the practicing certificate applied for if his/her discipline
specified in Article 2 of this Circular are relevant to his/her tasks. The
discipline of the individual in charge of construction must correspond to the
discipline of the individual applying for issuance of the construction
supervision practicing certificate.
3. If the organization
only employs individuals to take positions whose holders are required to have
the practicing certificate for one or some fields, types and disciplines, the
assessment shall be carried out as follows:
a) Regarding the
organization responsible for construction survey: If the organization lists the
individual working as a president in charge of carrying out construction survey
with respect to a type of construction survey, the certificate of eligibility
for construction activities shall only cover such type of construction survey.
b) Regarding the
organization responsible for construction planning formulation: The
individual working as a president in charge of designing construction planning
or chairperson in charge of designing architecture - planning, urban economics
or infrastructure disciplines must have a construction planning practicing
certificate relevant to the rank of the certificate applied for;
c) Regarding the
organization responsible for engineering design
For civil - industrial
engineering design: The individual working as a president in charge of
engineering design or chairperson in charge of engineering design-related
disciplines must have a practicing certificate for the architectural design,
civil - industrial structure design, mechanical - electrical design or water
supply – drainage design relevant to his/her tasks covered by and rank of the
certificate applied for. If the organization lists the individual working as a
president in charge of one or some engineering design-related discipline(s),
the certificate of eligibility for construction activities shall only cover
such discipline(s).
For transport engineering
design: The individual working as a president in charge of engineering design
or chairperson in charge of engineering design must have a practicing
certificate for transport engineering design relevant to the class of work
covered by and rank of the certificate applied for.
For agricultural and
rural development engineering design: The individual working as a president in
charge of engineering design or chairperson in charge of engineering design
must have a practicing certificate for agricultural and rural development
engineering design relevant to the class of work covered by and rank of the
certificate applied for.
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d) For the project
management consultancy: The individual in charge of specialized fields of the
consultancy must have a practicing certificate for construction supervision
practicing or construction valuation relevant to his/her tasks covered by and
rank of the certificate applied for;
dd) Regarding the
organization responsible for construction supervision: If the organization
lists the individual working as a chief supervisor or supervisor who only has a
practicing certificate for some fields of construction survey as prescribed in
Clause 9 Article 1 of the Decree No. 100/2018/ND-CP, the certificate of
eligibility for construction activities shall only cover such fields.
4. The issuing authority
shall decide to issue the certificate of eligibility for construction
activities after obtaining the assessment result given by the council for
issuance of the certificate of eligibility for construction activities. If an
organization applies for upgrade or adjustment of the certificate of
eligibility for construction activities, the effective period of the
certificate is prescribed in Clause 20 Article 1 of the Decree No. 100/2018/ND-CP.
5. Foreign organizations
are not required to have the certificate of eligibility for construction
activities as prescribed in this Circular when carrying out construction
activities in Vietnam.
Article
5. Repealing and amending some regulations on management of foreign
construction contractors in Vietnam
1. Articles 2, 3, 10, 11
and 12 of the Circular No. 14/2016/TT-BXD dated June 30, 2016 of the Ministry
of Construction (hereinafter referred to as “the Circular No. 14/2016/TT-BXD”)
are repealed.
2. Article 8 of the
Circular No. 14/2016/TT-BXD is amended as follows:
“Article 8. Reporting
regulations
1. Before December 10,
every foreign contractor shall submit a report on contract execution made using
the Form in the Appendix 9 of this Circular to the issuing agency and the
Department of Construction of the area where the project is executed.
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Article
6. Effect
1. This Circular comes
into force from November 20, 2018.
2. The Circular No.
17/2016/TT-BXD dated June 30, 2016 of the Minister of Construction and Articles
1 and 2 of the Circular No. 24/2016/TT-BXD dated September 01, 2016 of the
Minister of Construction are null and void from the effective date of this
Circular.
3. Ministers, ministerial
agencies, People’s Committees at all levels and relevant organizations and
individuals are responsible for the implementation of this Circular.
Difficulties that arise during the implementation of this Circular should be
promptly reported to the Ministry of Construction for consideration./.
PP. THE MINISTER
THE DEPUTY MINISTER
Le Quang Hung