Circular No. 24/2016/TT-BXD dated September 01, 2016 of the Ministry of Construction on amending a number of articles of the Circular regarding construction project management

THE MINISTRY OF CONSTRUCTION

Circular No. 24/2016/TT-BXD datedSeptember 01, 2016 of the Ministry of Construction on amending a number of articles of the Circular regarding construction project management

Pursuant to the Law No.50/2014/QH13 on Construction dated June 18, 2014;

Pursuant to the Government’s Decree No.62/2013/ND-CP defining the functions, responsibilities, entitlements and organizational structure of the Ministry of Construction dated June 25, 2013;

Pursuant to the Government’s Decree No.59/2015/ND-CP dated June 18, 2015 on construction project management;

In consideration of the request of Departments of Construction Management ,

The Minister of Construction hereby promulgates this Circular specifying amendment to a number of articles of Circulars regarding construction projects management.

Article 1. To amend  theClause 2 Article 31, Appendix 2a and Appendix 7 of the Circular No.17/2016/TT-BXD dated  June 30, 2016 on capacity of entities participating in construction activities (hereinafter referred to as “Circular No.17/2016/TT-BXD) as follows:

1.To amend Clause 2, Article 31 as follows:

“2.For practice certificates issued before the effective date of this Circular by the competent authority:

a) If the validity period is specified on the practice certificate, the certificate holder shall be entitled to use it until its expiry date. Where the validity period is not specified on the practice certificate, the certificate holder shall be entitled to use it until June 30, 2018 inclusive. Use and renewal of practice certificate shall conform to point b of this clause.

b) Since the effective date of this Circular, entities wishing to renew practice certificate as prescribed in point a of this clause shall follow clause 3 of this Article.In case of refusal to renew practice certificate, the certificate shall be classified as follows:

Pursuant to clauses 1 and 2, Article 45 of the Decree No.59/CP and requirements for practice certificate prescribed in Articles 46, 47, 48, 49 and 52 of the Decree No.59/CP, entities obtaining practice certificate shall make declaration and classification of their practice certificate on their own using the form in Appendix 2a hereof as the basis for participation in construction .

c) Entities having certificates in construction supervision practice or construction design practice shall be entitled to continue to work in the field of construction quality control up to December 31, 2016 inclusive. The scope of construction quality control shall be conformable to clause 2, Article 50 of Decree No. 59/CP  according to the existing practice certificate class.

d) Entities whose practice certificate expires after March 01, 2016 are entitled to continue to practice up to December 31, 2016 inclusive. Such certificate practice shall be classified in accordance with point b of this clause. The  practice certificate shall be renewed, where necessary, in accordance with clause 3 of this Article”.

2.To add attached Appendix 01 to Appendix 2a issued with the Circular No.17/2016/TT-BXD .

3.To add the attached Appendix 02 to Appendix 07 issued with the Circular No.17/2016/TT-BXD .

Article 2.To amendClause 1 Article 33 of the Circular No.17/2016/TT-BXD as follows:

“1. This Circular takes effect on September 01, 2016. As for clause 1 Article 31 hereof, it comes into effect from June 30, 2016; and provisions on testing and issue of practice certificate under this Circular takes effect on December 01, 2016.”

Article 3.To annul theClause 3 Article 13 of Circular No. 18/2016/TT-BXD dated June 30, 2016 detailing and guiding some aspects of construction project verification, approval, design and estimation.

Article 4.Implementation and effect

1.This Circular takes effect on September 01, 2016.

2.State competent authorities in charge of construction capacity management shall evaluate and provide instructions on evaluation of construction capacity upon request of relevant entities.

3.Any issue arising in connection to the implementation of this Circular should be promptly reported to the Ministry of Construction./.

For the Minister

The Deputy Minister

Le Quang Hung