THE MINISTRY OF CONSTRUCTION
Circular No. 08/2018/TT-BXD dated October 5, 2018 of the Ministry of Construction on guiding a number of provisions on construction practice certificates, construction capacity certificates, and management of foreign contractors conducting construction activities in Vietnam[1]
Pursuant to Construction Law No. 50/2014/QH13;
Pursuant to Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;
Pursuant to the Government’s Decree No. 42/2017/ND-CP of April 5, 2017, amending and supplementing a number of articles of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;
Pursuant to the Government’s Decree No. 100/2018/ND-CP of July 16, 2018, amending, supplementing or annulling a number of provisions on investment and business conditions in the fields under the state management of the Ministry of Construction (below referred to as Decree No. 100/2018/ND-CP);
At the proposal of the Director of Construction Activities Management Agency,
The Minister of Construction promulgates the Circular guiding a number of provisions on construction practice certificates, construction capacity certificates, and management of foreign contractors conducting construction activities in Vietnam.
Article 1.Scope of regulation and subjects of application
1. Scope of regulation: This Circular guides a number of provisions on construction practice certificates, construction capacity certificates, and management of foreign contractors conducting construction activities in Vietnam.
2. Subjects of application: This Circular applies to domestic agencies, organizations and individuals, and foreign organizations and individuals conducting construction activities in the territory of Vietnam.
Article 2.Professional qualifications considered relevant for grant of a construction practice certificate
Professional qualifications of an individual applicant shall be considered relevant when his/her major or training program contents conform(s) to the field in which he/she applies for a construction practice certificate, specifically as follows:
1. For construction survey
a/ Topographic survey: The applicant must have professional qualifications in geology, geodesy, mapping, or construction;
b/ Geological survey: The applicant must have professional qualifications in geology or construction.
2. For construction planning designing practice: The applicant must have professional qualifications in architecture, construction planning, urban economics, technical infrastructure, or another major related to the requirements of the formulation of construction plans.
3. For construction designing practice
a/ Architectural designing: The applicant must have professional qualifications in architecture;
b/ Structural designing of civil-industrial works: The applicant must have professional qualifications in construction which cover the contents on types of structures of civil-industrial works;
c/ Mechanical-electrical designing: The applicant must have professional qualifications in a technical major relating to the designing of electrical, mechanical engineering systems, or air ventilation-heat supply and ventilation;
d/ Water supply and drainage designing: The applicant must have professional qualifications in a technical major relating to water supply and drainage designing;
dd/ Transport work construction designing: The applicant must have professional qualifications in transport work construction designing;
e/ Construction designing of agriculture and rural development works: The applicant must have professional qualifications in a construction major relating to the designing of agriculture and rural development works;
g/ Construction designing of technical infrastructure works: The applicant must have professional qualifications in a technical major relating to the designing of types of technical infrastructure works.
4. For construction supervision practice
a/ Supervision of construction: The applicant must have professional qualifications in construction, construction economics, architecture, or another construction technical major relating to construction;
b/ Supervision of equipment installation: The applicant must have professional qualifications in electricity, mechanical engineering, air ventilation-heat supply and ventilation, water supply and drainage, or another technical major relating to equipment installation.
5. For construction valuation practice: The applicant must have professional qualifications in technical economics or another technical major relating to construction.
6. For project management practice: The applicant must have professional qualifications in construction, architecture, construction economics, or another technical major relating to types of projects or works for which the applicant applies for a practice certificate.
Article 3.Organization of testing for grant of construction practice certificates
1. If an individual applies for a new practice certificate or requests re-grant of a practice certificate which has expired, or requests modification of practice activities or class promotion of a practice certificate, a test must consist of 5 questions about legal knowledge and 20 questions about professional experience (professional knowledge) relevant to the field for which he/she applies for a practice certificate. The test period must not exceed 30 minutes. The maximum score for a test is 100 points, of which the maximum score for questions about professional knowledge is 80 points and that for questions about legal knowledge is 20 points. A practice certificate may be granted for an individual who achieves at least 16 points for questions about legal knowledge and a total score of at least 80 points.
2. If an individual is exempt from testing of professional knowledge, a test must consist of 10 questions about legal knowledge. The test period must not exceed 12 minutes. The maximum score for a test is 40 points. A practice certificate may be granted for an individual who earns at least 32 points.
3. No test is required for an individual who requests re-grant of a practice certificate in case the certificate remains valid but is lost or damaged.
4. For an individual who submits a dossier of application for a construction practice certificate while the test result is not available, the time limit for grant of a practice certificate prescribed in Clause 17, Article 1 of Decree No. 100/2018/ND-CP shall be counted from the time of obtaining the test result.
5. An agency competent to grant practice certificates shall notify the time and place of testing and list of individuals eligible/ineligible for testing at least 3 days before the date of testing.
Article 4.Evaluation for grant of construction capacity certificates
1. A council for grant of construction capacity certificates shall take responsibility for evaluating the construction capacity of organizations based on the conditions relevant to each class and field of construction activities as prescribed in Decree No. 100/2018/ND-CP and this Article. A construction capacity certificate shall be granted to organizations that are evaluated as satisfying the prescribed conditions.
2. For each class and field for which an organization applies for a construction capacity certificate, such organization must have individuals holding relevant titles who possess practice certificates; individuals shall perform tasks corresponding to their professional qualifications as prescribed. Each individual holding one or more than one title must possess relevant practice certificates and shall perform relevant tasks when satisfying the prescribed capacity conditions.
An individual performing tasks of an organization shall be regarded as suitable to the field or type for which he/she applies for a capacity certificate if he/she possesses professional qualifications prescribed in Article 2 of this Circular relevant to his/her tasks. Particularly for an individual in charge of construction activities, he/she must possess professional qualifications relevant to those prescribed for individuals who apply for construction supervision practice certificates.
3. In case an organization only has individuals who hold the titles for which practice certificates are required for one or more than one field, type or major, the evaluation is prescribed as follows:
a/ For a construction survey organization: In case the organization declares an individual holding the title of construction survey manager for a certain type of construction survey, a construction capacity certificate shall be granted only for such type of construction survey;
b/ For a construction planning organization: An individual holding the title of construction planning design manager, or chief designer of architecture-planning, urban economics, or technical infrastructure tasks must possess a construction planning design practice certificate relevant to the class of certificate to be granted to the organization;
c/ For a construction designing organization
For construction designing of civil-industrial works: An individual holding the title of construction design manager or chief designer of construction designing tasks of the organization must possess a construction designing practice certificate, covering architectural designing of works, structural designing of civil-industrial works, mechanical-electrical designing of works, or water supply and drainage designing of works relevant to his/her tasks and class of certificate to be granted to the organization. In case the organization declares individuals holding the titles of chief of one or more than one task of construction designing, a construction capacity certificate shall be granted only for such task(s).
For construction designing of transport works: An individual who holds the title of construction design manager or chief construction designer of an organization must possess a practice certificate of construction designing of transport works relevant to the types of works and class of certificate to be granted to the organization.
For construction designing of agriculture and rural development works: An individual holding the title of construction design manager or chief construction designer of an organization must possess a construction designing practice certificate of agriculture and rural development works relevant to the types of works and class of certificate to be granted to the organization.
For construction designing of technical infrastructure works: An individual holding the title of construction design manager or chief construction designer of an organization must possess a practice certificate of construction designing of technical infrastructure works relevant to the types of works and class of certificate to be granted to the organization.
d/ For a project management consultancy organization: Individuals taking charge of professional matters of the organization must possess a practice certificate of construction supervision or construction valuation relevant to their tasks and class of certificate to be granted to the organization;
dd/ For a construction supervision organization: In case the organization declares an individual holding the title of chief supervisor or supervisor who possesses only a practice certificate for a number of construction supervision activities under Clause 9, Article 1 of Decree No. 100/2018/ND-CP, a construction capacity certificate may be granted only for such activities.
4. An agency competent to grant capacity certificates shall decide on the grant of construction capacity certificates after obtaining evaluation results from a council for grant of construction capacity certificates. If an organization requests class promotion, or modification of capacity certificates, the validity period of certificates must comply with Clause 20, Article 1 of Decree No. 100/2018/ND-CP.
5. Foreign organizations are not required to possess construction capacity certificates under this Circular when conducting construction activities in Vietnam.
Article 5.To annul, amendor supplement a number of regulations on management of foreign contractors conducting construction activities in Vietnam
1. To annul Articles 2, 3, 10, 11 and 12 of the Ministry of Construction’s Circular No. 14/2016/TT-BXD of June 30, 2016, guiding the grant of construction licenses and management of foreign contractors conducting construction activities in Vietnam (below referred to as Circular No. 14/2016/TT-BXD).
2. To amend and supplement Article 8 of Circular No. 14/2016/TT-BXD as follows:
“Article 8. Regulations on reporting
1. Before December 10 every year, foreign contractors shall send reports on performance of their contracts, made according to the form in Appendix 9 to this Circular, to construction licensing agencies and provincial-level Departments of Construction in localities where their projects are performed.
2. Before December 15 every year, provincial-level Departments of Construction shall send to the specialized agency under the Ministry of Construction reports on the grant, modification and revocation of construction licenses and operation of foreign contractors in their respective localities, made according to the form in Appendix 10 to this Circular.”
Article 6.Effect
1. This Circular takes effect on November 20, 2018.
2. The Minister of Construction’s Circular No. 17/2016/TT-BXD of June 30, 2016, providing guidance on capacity of organizations and individuals engaged in construction activities, and Articles 1 and 2 of the Minister of Construction’s Circular No. 24/2016/TT-BXD of September 1, 2016, amending and supplementing a number of articles of the circulars relating to management of construction investment projects, cease to be effective on the effective date of this Circular.
3. Ministries, ministerial-level agencies, People’s Committees at all levels, and related organizations and individuals shall implement this Circular. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Construction for consideration and settlement.-
For the Minister of Construction
Deputy Minister
LE QUANG HUNG
* The appendices to this Circular are not translated.
Vietnamese
Circular 08/2018/TT-BXD DOC (Word)
Circular 08/2018/TT-BXD PDF (Original)
