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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
23/2000/QD-BXD
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Hanoi,
November 13, 2000
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DECISION
ISSUING THE REGULATION ON THE GRANTING OF CONSTRUCTION DESIGNING
PRACTICE CERTIFICATES
THE MINISTER OF CONSTRUCTION
Pursuant to the Government’s Decree No. 15/CP
of March 4, 1994 on the functions, tasks, powers and organizational structure
of the Ministry of Construction;
Pursuant to the Government’s Decree No. 03/2000/ND-CP of February 3, 2000
guiding the implementation of a number of articles of the Enterprises Law;
At the proposals of the director of the Construction Policy Department and the
director of the Legal Department,
DECIDES:
Article 1.- To issue
together with this Decision the "Regulation on the granting of
construction designing practice certificates".
Article 2.- This
Decision shall take effect as of January 1, 2001 and apply nationwide.
Article 3.- The ministries,
the ministerial-level agencies, the agencies attached to the Government, the
central agencies of mass organizations, the People’s Committees of the
provinces and centrally-run cities and the concerned organizations shall have
to organize the implementation of this Decision.
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MINISTER OF CONSTRUCTION
Nguyen Manh Kiem
REGULATION
ON THE GRANTING OF CONSTRUCTION DESIGNING PRACTICE
CERTIFICATES
(Issued together with Decision No. 23/2000/QD-BXD of November 13, 2000
of the Minister of Construction)
Chapter I
GENERAL PROVISIONS
Article 1.- A number
of principles
1. Construction designing practice certificates
shall be valid for determining the professional qualifications and experiences
of individuals in the field of construction designing, managing the
construction design quality and constitute a condition for business
registration of the construction designing service according to law provisions.
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Persons who have been trained and professionally
qualified but not yet granted the construction designing practice certificates
may only participate in the designing under the management and direction by
persons who have already been granted the construction designing practice
certificates and shall not be allowed to sign construction design dossiers in
the capacity of the leading construction designers or managers of the designing
blueprints.
3. The construction designing practice
certificates shall serve as a legal basis for the persons competent to evaluate
and approve designs to consider and approve construction designs.
Article 2.- Scope and
objects of regulation:
1. This Regulation prescribes the subjects,
conditions, procedures, and competence to manage and grant construction
designing practice certificates.
2. Construction designing practice certificates
shall be granted to individuals being Vietnamese citizens, overseas Vietnamese
and foreigners permanently residing in Vietnam, who wish to be granted the
construction designing practice certificates and meet all the conditions and
professional criteria specified in Articles 4 and 5 of this Regulation.
3. Construction designs in this Regulation
include:
a/ Designing forms:
- Design of the whole construction grounds;
- Architectural design;
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- Structural design;
- Mechanic-electric design;
- Water supply and drainage design;
- Heating system design;
- Ventilation and conditioning design;
- Information and communications design;
- Fire prevention and fight design;
- Other designs.
b/ Designing of different kinds of construction:
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- Technical infrastructures of urban centers;
industrial parks, export-processing zones and high-tech parks;
- Industrial works (workshops, support
structures, warehouses; dependent technical structures);
- Power works (power plants, power transmission
lines, transformer stations);
- Traffic works (road, railway, bridges,
tunnels, port, waterway, airports);
- Irrigation works (dams, tunnels, culverts,
canals, river bank protection works);
- Agricultural works (husbandry farms,
agricultural farms, agricultural warehouses, farm produce-processing stations);
- Forestry works;
- Aquaculture works;
- Information and telecommunications works
(receiving-transmitting stations, cable networks; antenna masts);
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- Oil and gas works (oil and gas exploration and
exploitation, oil and gas exploitation and refining, oil and gas transport,
petrol depots);
- Water supply-drainage works;
- Solid waste treatment works;
- Other works.
Article 3.- Contents
and effect of construction designing practice certificates
1. The contents of construction designing
practice certificates shall be made according to uniform form prescribed and
issued nationwide by the Ministry of Construction.
2. A construction designing practice certificate
shall be effective for 5 years, may be extended for another 5 years each time
when the certificate holder so requests and meets all the conditions and
professional criteria specified in Articles 4 and 5 of this Regulation.
3. The construction designing practice
certificate holders may practice the construction designing profession
nationwide and according to law provisions.
Chapter II
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Article 4.- Conditions
for being granted certificates
1. For Vietnamese citizens, they must have civic
rights, full capacity for civil acts and peoples identity cards; for foreigners
and overseas Vietnamese, they must have passports and permits for residence in
Vietnam according to law provisions.
2. Submitting valid dossiers as prescribed in
Article 9 of this Regulation.
3. Paying fees as prescribed.
Article 5.- Professional
criteria for being granted certificates
1. Professional qualifications:
- Holding university (or postgraduate) diplomas
granted by Vietnamese or foreign universities, academies, or competent bodies
of the Vietnamese State or foreign countries.
- The content of registration for granting of
construction designing practice certificates must be compatible with the
trained profession or specialty and personal construction designing capability.
2. Professional experiences:
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Chapter III
ORGANIZATION AND
MANAGEMENT OF THE CERTIFICATE GRANTING AND THE CONSTRUCTION DESIGNING PRACTICE
Article 6.- Organization
and management of the certificate granting and the construction designing
practice
1. The Ministry of Construction, with its
function of State management over construction, shall exercise the uniform
management over the certificate granting as well as the construction designing
practice nationwide; prescribe the contents and issue the uniform form of
construction designing certificates; organize and direct the training and
fostering in the construction designing practice management profession and
skills; supervise and inspect the certificate granting according to this
Regulation.
2. The Construction Services of the provinces and
centrally-run cities shall grant the construction designing practice
certificates to individuals residing in the localities and manage the
construction designing practice in the localities according to this Regulation.
Article 7.- Tasks and powers
of the bodies granting certificates and managing the construction designing
practice
1. Tasks:
a/ To organize the reception of dossiers, within
5 working days after receiving dossiers, if deeming them necessary to be
amended and/or supplemented, to request the applicants to make amendments
and/or supplements; to guide individuals and organizations to observe this
Regulation and the relevant law provisions.
b/ To issue construction designing practice
certificates within 15 working days after receiving complete dossiers, in case
of refusal, to notify the reasons and return dossiers to the applicants.
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d/ To supervise the construction designing
practice in the localities;
f/ To report once every six months to the
Ministry of Construction on the certificate granting and the construction
designing practice in the localities.
2. Powers:
a/ To check dossiers and ensure that all
conditions and professional criteria are met before granting certificates.
b/ To refuse to grant certificates to applicants
who fail to meet all conditions and professional criteria specified in Articles
4 and 5 of this Regulation.
c/ To supervise the construction designing
practice of the certificate holders according to the contents of the issued
certificates.
d/ To withdraw the certificates from violators
according to the provisions of this Regulation.
e/ To request the competent bodies to handle
violations according to law provisions.
Article 8.- Powers and
responsibilities of the construction designing practice certificate holders
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a/ To use the construction designing practice
certificates for business registration and provision of construction designing services
according to law provisions.
b/ To practice the construction designing
according to the provisions of this Regulation and the relevant law provisions.
c/ To request extension of or supplements to the
contents of their certificates when they meet all the prescribed conditions and
criteria.
d/ To request the certificate-granting bodies
and concerned organizations to comply with the regulations; lodge complaints
and/or denunciations or initiate lawsuits against individuals and organizations
that act in contravention of this Regulation.
2. Responsibilities:
a/ To practice the construction designing
according to the contents of their certificates.
b/ To abide by the construction legislation on
construction designing.
c/ To take responsibility for the quality of the
designing products made or managed by themselves; to comply with the
occupational insurance regime according to law provisions.
d/ Not to lease out or lend their certificates
to other persons to practice the construction designing, not to modify the
contents of the already granted certificates.
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Article 9.- Dossiers of
application for construction designing practice certificate shall be composed
of:
1. An application for construction designing
practice certificate, made according to the set form and enclosed with 03 3x4
cm color photos taken in the latest year.
2. Notarized copies of the professional diplomas
and certificates or notarized translations of diplomas and certificates issued
by foreign authorities.
3. A description of the professional activity
process.
4. Written certifications by the following organizations
or individuals (not required for dossiers filed by postgraduate degree
holders):
a/ A professional organization compatible with
the applicant’s profession;
b/ A professional association compatible with
the profession of the applicant who is one of its members.
c/ An individual who holds a construction
designing certificate and is engaged in a similar profession or an individual
who is engaged in a similar profession and holds a educational degree higher
that that of the applicant.
Such written certifications shall be made
according to the set form.
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1. The applicants shall submit to the
certificate-issuing bodies one dossier set (as prescribed in Article 9 of this
Regulation).
2. A construction designing certificate shall be
made in two originals, one of which shall be handed over to the applicant and
the other filed at the certificate-granting body.
3. Persons granted the certificates shall pay a
fee at the certificate-granting bodies according to regulations.
Chapter IV
SUPERVISION, INSPECTION
AND HANDLING OF VIOLATIONS
Article 11.-
1. The construction
designing practice certificate-granting bodies shall have to supervise the
construction designing practice in the localities; if detecting any violations,
they shall make records thereof and handle them according to their competence
or propose to the competent bodies to handle them according to law.
2. The Ministry of Construction shall supervise
and inspect the implementation of this Regulation nationwide, solve problems,
study and make amendments and supplements to this Regulation when necessary.
Article 12.- Handling
of violations
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- Practicing the construction designing at variance
with the contents of their certificates;
- Violating this Regulation;
- Violating the construction legislation on
construction designing.
2. If the persons competent to grant
construction designing practice certificates or the persons competent to evaluate
and approve construction designs violate the provisions of this Regulation or
the relevant law provisions, they shall, depending on the seriousness of their
violations, be disciplined, administratively sanctioned, subject to material
compensation, or examined for penal liability according to law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 13.-
Implementation provisions
1. This Regulation shall take effect as from
January 1, 2001 and apply nationwide.
2. The certificates of blueprint-manager
architects granted under the "Regulation on the architects’ practice"
(issued together with Decision No. 91/BXD-DT of April 16, 1993 of the Minister
of Construction) shall be as valid as the construction designing practice
certificates prescribed in this Regulation with regard to the designing of
total construction grounds, the designing of the works’ architecture and the
designing of the works’ interior and exterior decorations.