Decree 212/2026/ND-CP construction capability requirements, Information System and National Database on construction activities
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ATTRIBUTE
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 212/2026/ND-CP | Signer: | Pham Gia Tuc |
| Type: | Decree | Expiry date: | Updating |
| Issuing date: | 17/06/2026 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Construction, Information - Communications |
The Effect status of this document is known.This feature is available to Advanced account holders. Please log in to a subscriber account to view Effect status. Don’t have an account? Register here
THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
DECREE
Prescribing construction capability requirements, the Information System
and National Database on construction activities
Pursuant to Law No. 63/2025/QH15 on Organization of the Government;
Pursuant to Law No. 64/2025/QH15 on Promulgation of Legal Documents, which is amended and supplemented by Law No. 87/2025/QH15;
Pursuant to Law No. 104/2016/QH13 on Access to Information;
Pursuant to Law No. 20/2023/QH15 on E-Transactions;
Pursuant to Law No. 60/2024/QH15 on Data;
Pursuant to Law No. 93/2025/QH15 on Science, Technology and Innovation;
Pursuant to Law No. 116/2025/QH15 on Cybersecurity;
Pursuant to Law No. 135/2025/QH15 on Construction;
Pursuant to Law No. 143/2025/QH15 on Investment;
Pursuant to Law No. 47/2024/QH15 on Urban and Rural Planning, which is amended and supplemented by Law No. 144/2025/QH15;
Pursuant to Law No. 148/2025/QH15 on Digital Transformation;
Pursuant to Law No. 91/2025/QH15 on Personal Data Protection;
At the proposal of the Minister of Construction;
The Government hereby promulgates the Decree prescribing construction capability requirements, the Information System and National Database on construction activities.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details Clause 3, Article 14 and Clause 7, Article 88 of Law No. 135/2025/QH15 on Construction (hereinafter referred to as the Law on Construction 2025); and Clause 3, Article 54 of Law No. 47/2024/QH15 on Urban and Rural Planning (which is amended and supplemented by Law No. 144/2025/QH15), including the following details:
a) Developing, managing, operating, exploiting, and using the Information System and National Database on construction activities;
b) Capability and experience requirements for individuals participating in construction activities; competence, sequences, and procedures for issuance and revocation of construction practising certificates; requirements, competence, sequences, and procedures for issuance and revocation of construction operation licenses for foreign contractors being organizations and individuals; construction capability information of organizations to be disclosed to the public; posting of construction practising experiences of individuals on the Information System and National Database on construction activities.
2. Master plans, projects, and construction works of national defense, security, cryptography, and state secrets do not fall under the scope of regulation of this Decree.
Article 2. Subjects of application
1. Authorities, organizations, and individuals related to the development, updating, maintenance, exploitation, use, and management of the Information System and National Database on construction activities.
2. Domestic authorities, organizations, and individuals; foreign organizations and individuals involved in construction activities in the territory of Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Construction practising certificate means a certification of practising capability issued to an individual as prescribed in Clause 1, Article 88 of the Law on Construction 2025 who has adequate professional qualifications and professional experience in the relevant area of practice.
2. Manager means the title of an individual assigned by an organization to manage and coordinate the performance of all consultancy work involving multiple areas of expertise, including: Manager of urban and rural planning; manager of construction surveying; manager of construction design and verification of construction design.
3. Person in charge means the title of an individual assigned by an organization to take charge of the work in a specific area of expertise, including: Person in charge of urban and rural planning; person in charge of construction design and verification of construction design; person in charge of construction inspection; person in charge of determination, verification, and management of construction investment costs.
4. Site chief commander or project director of a contractor (hereinafter collectively referred to as site chief commander) means the title of an individual assigned by a construction organization to manage and operate construction activities for one or a number of specific works or bidding packages.
5. Chief supervisor means the title of an individual assigned by an organization supervising the construction of works to manage and coordinate the supervision of construction of a specific work or bidding package.
6. Project management director means the title of an individual assigned by the Director of the Construction Investment Project Management Board, the legal representative of the project management consultancy organization, or the legal representative of the project owner to manage and coordinate the project management for a specific construction investment project.
7. Procedure means one of the administrative procedures, internal procedures, and operations carried out by competent State authorities, organizations, and individuals in accordance with the law regulations on construction and other relevant laws. Depending on management requirements, procedures include the following types:
a) Appraising and approving urban and rural planning tasks; appraising and approving adjustments to urban and rural planning tasks;
b) Appraising and approving urban and rural master plans; appraising and approving adjustments to urban and rural master plans;
c) Appraising, and appraising adjustments to, construction investment Feasibility Study Reports;
d) Approving, and approving adjustments to, construction investment projects and construction investment Economic-Technical Reports;
dd) Appraising, and appraising adjustments to, construction designs after projects are approved;
e) Approving, and approving adjustments to, construction designs after projects are approved;
g) Issuing construction permits;
h) Notifying the commencement of construction;
i) Deciding on imposition of penalties on administrative violations against violations related to construction investment projects and construction works;
k) Inspecting acceptance tests of completion of construction works by specialized construction authorities or the State Inspection Council for acceptance testing of construction works;
l) Giving opinions on extending the service life of works whose design service life has expired but their continued use is necessitated (unless otherwise they are individual houses);
m) Reporting information on construction work incidents during construction and exploitation or operation;
n) Issuing construction practising certificates;
o) Documents on disclosure and promulgation of construction norms and prices, prices of direct cost elements constituting prices of construction jobs and construction price indexes;
p) Data and information on construction norms, construction prices, prices of direct cost elements constituting prices of construction works, and construction price indexes provided by organizations.
8. Foreign contractor as prescribed in this Decree means an organization established under foreign law regulations or an individual of foreign nationality that has been selected; and enters into and performs a construction contract in the territory of Viet Nam. A foreign contractor may be a general contractor, a consortium, a principal contractor, or a subcontractor.
9. The information system and data on construction norms, construction prices, and construction price indexes constitutes a component of the Information System and National Database on construction activities.
Article 4. Development of the Information System and National Database on construction activities
1. The Information System and National Database on construction activities shall be developed centrally and uniformly on a nationwide scale, and must:
a) Operate continuously, stably, and smoothly, and provide adequate, accurate, and timely information to serve State-level governance;
b) Meet the requirements for carrying out fully online or partially online procedures as prescribed by the relevant laws in order to automatically collect and update data in accordance with the roadmap as prescribed in Clause 2, Article 50 of this Decree;
c) Meet the requirements for tracking, monitoring, examining, and inspecting construction investment activities in accordance with the requirements of sectoral and domain-specific management and socio-economic development;
d) Ensure the creation, updating, maintenance, exploitation, use, management, sharing, and connection are appropriate as prescribed by law on data, electronic transactions, national databases, data connection and sharing, cybersecurity, and other law regulations for the purpose of operations of State authorities, organizations, and individuals.
2. The Ministry of Construction shall be the managing authority of the Information System on construction activities as prescribed by law.
3. The Information System on construction activities is operated at the address https://csdlhdxd.gov.vn, including the following components:
a) The National Database on construction activities and other data and information on construction activities;
b) The information technology technical infrastructure serving data storage, processing, connection, and sharing;
c) The system of applications, software services, and cloud computing platforms for the purpose of management, operation, and exploitation of information on construction activities.
4. The information system and data on construction norms, construction prices, and construction price indexes are developed, exploited, and operated independently at the address https://cemia.gov.vn, including the following data components:
a) The data as prescribed at Point o, Clause 7, Article 3 of this Decree, which are extracted, selected, and synchronized into the National Database on construction activities as prescribed in Clause 3, Article 6 of this Decree;
b) The data and information on construction norms, construction prices, prices of direct cost elements constituting prices of construction jobs, and construction price indexes provided by organizations that do not fall under the provisions at Point a of this Clause.
5. The Information System on construction activities shall serve as a basis to create the following application platforms:
a) Application platforms for reporting, directing, and operating of relevant authorities and organizations, which extract reports upon ad-hoc requests, monthly, quarterly, and annually to meet the requirements of management, operation, and formulation of mechanisms, policies, and legal norms by competent levels, and other relevant requirements;
b) Platforms and applications for management, analysis, and exploitation of data, and supporting relevant operations;
c) Platforms for data analysis, artificial intelligence, early warning, decision-making support, and risk control serving State-level governance in the construction sector on the basis of data that is standardized, interconnected, and updated in real-time or near real-time;
d) Applications for making publicly available and sharing open data as prescribed;
dd) Other relevant application platforms to meet the requirements of management and socio-economic development in the construction investment sector.
6. In cases where data in the National Database on construction activities are created, updated, and authenticated in accordance with the correct competence, sequences, and procedures, they shall have the value for exploitation and use as prescribed by law on data, electronic transactions, construction, and relevant laws.
7. The master data in the National Database on construction activities shall be the data established, updated, and modified by the competent authorities as prescribed in this Decree.
8. In cases where the data and information in the National Database on construction activities displayed on the Information System on construction activities are not complete or accurate compared to the procedure resolution results as prescribed in Article 6 of this Decree, the authority competent to issue the procedure results shall be responsible for reviewing, checking, and updating the data and information into the National Database on construction activities to ensure conformity as prescribed by the relevant laws.
9. The Minister of Construction shall detail Clause 7 and Clause 8 of this Article regarding the competent State authority reviewing, checking, and updating data and information to ensure completeness and accuracy in the system.
Article 5. Responsibilities and details of developing the Information System on construction activities
1. The Ministry of Construction shall organize the development of the Information System on construction activities; and direct, guide, inspect, and urge the implementation on a nationwide scale.
2. The provincial-level and communal-level People's Committees, and relevant authorities and organizations shall be responsible for coordinating in providing, updating, connecting, and sharing data on construction activities as prescribed by law and guidelines of the Ministry of Construction.
3. Developing the Information System on construction activities shall mainly include:
a) Developing the overall architecture of the Information System, the deployment model, the operation organization plan, and the development roadmap suitable for each stage;
b) Developing and investing in the information technology technical infrastructure, digital platforms, and systems for storage, processing, analysis, and exploitation of data for the purpose of operations of the Information System;
c) Developing and deploying application software systems and software services for the purpose of management, operation, exploitation, and use of information and data within the scope of this Decree;
d) Formulating, promulgating, and applying uniform data standards and technical regulations, data structures, data components, and data catalogs on a nationwide scale for the construction activities sector.
4. Technical processes, data standards, methods of connection, sharing, updating, and exploiting the Information System on construction activities, and the roadmap for developing and putting into exploitation and use the application platforms as prescribed in Clause 5, Article 4 of this Decree shall comply with the guidelines of the Ministry of Construction.
Article 6. Principles of collecting and updating data to create the National Database on construction activities
The National Database on construction activities shall be collected, created, and updated based on the procedure resolution results carried out, issued, and data-standardized by competent State authorities and specialized construction authorities, and other sources into the Information System on construction activities. It is specified as follows:
1. The database on urban and rural planning shall follow the procedure steps as prescribed at Point a, Point b, Clause 7, Article 3 of this Decree.
2. The database on construction investment projects and construction works shall follow the procedure steps as prescribed at Point c, Point g, Point h, Point i, Point k, and Point l, Clause 7, Article 3 of this Decree (particularly, data collected through the procedure at Point i, Clause 7, Article 3 shall be interconnected, connected, and shared from other relevant databases and information systems).
3. The database on construction norms, construction prices, and construction price indexes implemented at the procedure step as prescribed at Point o, Clause 7, Article 3 of this Decree shall be extracted, selected, and data-synchronized from the information system and data on construction norms, construction prices, and construction price indexes that have been developed, operated, and exploited.
4. The database on standards and technical regulations under the management scope of the Ministry of Construction shall be connected, shared, and exploited from the National Database on standards, metrology, and quality.
5. The database on construction capabilities of organizations and individuals participating in construction activities shall follow the procedure steps as prescribed at Point b, Point c, Point g, Point k, and Point n, Clause 7, Article 3 of this Decree.
6. Data and information extracted, selected, and relevantly data-synchronized from other national databases, specialized databases, and shared databases of ministries, sectors, and localities.
7. Proposals for amendments and supplements from authorities, organizations, and individuals when changing information or discovering information in the National Database on construction activities incomplete or inaccurate.
8. Digitization and standardization of information and data from the management records of State authorities.
9. Other information and data sources as prescribed by law on data and other relevant laws.
10. The collection of data through procedure resolution results to create the National Database on construction activities as prescribed in this Article shall be carried out in accordance with the roadmap in Clause 2, Article 50 of this Decree, with the principles as follows:
a) Data in the National Database on construction activities referred to in this Article shall be collected and created entirely via interactive electronic forms on relevant information systems or automatically collected through connection and sharing with other national databases, specialized databases, and relevant information systems;
b) Interactive electronic forms shall be developed on the basis of the forms promulgated under relevant specialized laws;
c) Data shall be connected and shared between the Information System on construction activities and other national databases, specialized databases, and relevant information systems as prescribed in Article 23 of this Decree.
Article 7. Principles of collecting and updating other data and information on construction activities to create the specialized Database
Other data and information on construction activities as prescribed at Point a, Clause 3, Article 4 of this Decree shall be collected based on the procedure results implemented, issued, and updated by organizations and individuals into the Information System on construction activities to create the specialized Database. The data and information shall be collected through the procedures as follows:
1. Data and information on construction investment projects and construction works shall be collected through the procedure steps as prescribed at Point c, Point d, Point dd, Point e, and Point m, Clause 7, Article 3 of this Decree.
2. Data and information on construction norms, construction prices, prices of direct cost elements constituting prices of construction jobs, and construction price indexes provided by organizations as prescribed at Point p, Clause 7, Article 3 of this Decree.
3. Data and information on construction capabilities of organizations and individuals shall be collected through the procedure steps as prescribed at Points c, d, dd, and e, Clause 7, Article 3 of this Decree.
4. The organization must provide information and data as prescribed in Clause 1, Clause 2, and Clause 3 of this Article and take legal accountability for the accuracy, reliability, and legal basis of the provided information and data. The Minister of Construction shall detail the data fields, forms, and sequences for inputting, updating, and posting data and information on construction investment projects, construction works, and construction capabilities based on the procedure results in Clause 1 and Clause 3 of this Article into the Information System on construction activities.
5. For construction investment projects and works that have undergone one or a number of procedures related to construction activities previously, when carrying out the procedures, the competent State authority and the specialized construction authority shall request the applicant to report, input, and update the procedure resolution results self-implemented by the investment decision-maker or the investing organization relating to the construction investment project and construction work.
6. The Minister of Construction shall detail the processes, forms for providing information and data, and responsibilities for managing the provision of information and data on construction norms, construction prices, and construction price indexes as prescribed in Clause 2 of this Article into the information system and data on construction norms, construction prices, and construction price indexes.
7. The specialized Database shall be gradually collected, created, and updated as prescribed in this Article to serve professional operations related to construction investment activities, other related activities, and shall not fall into the cases requiring data synchronization with the national comprehensive Database managed by the National Data Center.
8. The collection of data through procedure resolution results to create the specialized Database as prescribed in this Article shall be carried out in accordance with the roadmap in Clause 2, Article 50 of this Decree, with the principles for implementation as follows:
a) Data in the specialized database referred to in this Article shall be collected and created entirely via interactive electronic forms on relevant information systems or automatically collected through connection and sharing with other national databases, specialized databases, and relevant information systems;
b) Interactive electronic forms shall be developed on the basis of the forms promulgated under relevant specialized laws;
c) Data shall be connected and shared between the specialized database and other national databases, specialized databases, and relevant information systems as prescribed in Article 23 of this Decree.
Article 8. Identification codes in the Information System on construction activities
1. Each urban and rural master plan, construction investment project, construction work, and organization or individual participating in construction activities must be associated with a unique identification code, which is initialized on the Information System on construction activities to ensure uniformity and synchronization in the management, exploitation, and use of data.
2. An identification code is mandatory information that is created when data or information is created or updated on the Information System on construction activities and is used consistently throughout the lifecycle of the managed entity.
3. The procedure resolution results at the subsequent steps relating to urban and rural master plans, construction investment projects, and construction works must have the identification codes initialized in Clause 2 of this Article attached, in accordance with the forms of procedure resolution results prescribed in the law regulations on management of construction activities, quality management, construction and maintenance of construction works, management of construction investment costs, and construction contracts.
4. The dossiers accompanying the procedure resolution results in Clause 3 of this Article must be updated into the Information System on construction activities as prescribed by the Minister of Construction.
5. The competent State authority, the specialized construction authority, and related organizations and individuals, when developing and issuing procedure resolution processes, must include steps to initialize the identification codes, and input and update data on urban and rural master plans, construction investment projects, construction works, construction norms, construction prices, construction price indexes, construction practising capabilities, and areas requiring the collection and creation of data to ensure conformity with the provisions of this Decree and the relevant laws.
Chapter II
NATIONAL DATABASE ON CONSTRUCTION ACTIVITIES
Section 1
DATABASE, IDENTIFICATION CODES, PROCESSES
FOR CREATION OF DATA ON URBAN AND RURAL PLANNING
Article 9. The database on urban and rural planning
1. The database on urban and rural planning includes data on planning tasks, urban and rural master plans, and shall be classified as follows:
a) The database on urban master plans for cities, provincial cities, municipal cities, special zones that are urban areas, and new urban areas;
b) The database on rural master plans for communes; and special zones not falling into the cases as prescribed at Point a of this Clause;
c) The database on functional zone master plans for functional zones;
d) The database on underground space master plans for cities;
dd) The database on specialized technical infrastructure master plans for cities.
2. Data on urban and rural planning tasks collected into the National Database on construction activities through the procedure as prescribed at Point a, Clause 7, Article 3 of this Decree includes:
a) General data: name of the planning task; type and level of planning; location, scope of planning, and area scale for planning task formulation; authority organizing the formulation of the planning task; authority appraising the planning task; authority approving the planning task; year of submission for approval of the planning task; number of the decision approving the planning task (for approved planning tasks);
b) Detailed data: dossiers submitted for appraisal or dossiers submitted for approval of the planning task, and adjustments to the planning task as prescribed by law on urban and rural planning; and other relevant data.
3. Data on urban and rural master plans collected into the National Database on construction activities through the procedure as prescribed at Point b, Clause 7, Article 3 of this Decree includes:
a) General data: name of the urban and rural master plan; type and level of planning; location, planning scope, and area scale for master plan formulation; authority organizing the formulation of the master plan; planning manager, persons in charge of the relevant areas of planning expertise; authority appraising the master plan; authority approving the master plan; year in which the master plan is approved; number of the decision approving the master plan (if the master plan is approved);
b) Detailed data: dossiers submitted for appraisal or dossiers submitted for approval of the master plan, and adjustments to the urban and rural master plan as prescribed by law on urban and rural planning; and other relevant data.
Article 10. Identification codes of urban and rural master plans
1. Each urban and rural master plan shall be associated with an urban and rural master plan identification code, which is initialized at the time information is updated for the first time on the Information System on construction activities.
2. The identification code of an urban and rural master plan is a string of characters.
Article 11. Open data and master data of the database on urban and rural planning
1. General data and some detailed data in the database on urban and rural planning are open data, which are detailed and disclosed by the Ministry of Construction on the national data portal and the portal of the Ministry of Construction.
2. The master data of the database on urban and rural planning shall include the general data as prescribed at Point a, Clause 2, and Point a, Clause 3, Article 9, and the identification code of the urban and rural master plan as prescribed in Article 10 of this Decree.
Article 12. Processes for initializing identification codes and creating, updating data into the database on urban and rural planning
1. The identification code of the urban and rural master plan shall be initialized through the Information System on construction activities upon submitting the master plan dossier for appraisal, and shall be attached to the master plan dossier in urban and rural planning activities.
2. The authority organizing the formulation of the urban and rural master plan shall be responsible for inputting data on the Information System on construction activities to initialize the identification code on the Information System on construction activities upon submitting the planning task for appraisal.
3. After 15 days from the date the urban and rural master plan is approved by the competent authority and is checked and certified by the authority appraising the master plan as prescribed by law on urban and rural planning, the authority organizing the appraisal of the urban and rural master plan shall be responsible for coordinating with the authority organizing the formulation of the urban and rural master plan to update the appraised and approved master plan dossier into the National Database on construction activities.
4. The Minister of Construction shall detail the data fields of planning tasks, and urban and rural master plans that are collected and updated to create the National Database on construction activities as prescribed in Article 9 of this Decree; and the processes for collecting and updating the database on urban and rural planning in this Article during the activities of formulating, appraising, and approving planning tasks, and urban and rural master plans via the Information System on construction activities.
Section 2
DATABASE, IDENTIFICATION CODES, PROCESSES FOR GENERATION OF DATA ON CONSTRUCTION INVESTMENT PROJECTS AND CONSTRUCTION WORKS
Article 13. Database on construction investment projects and construction works
1. Database on construction investment projects and construction works includes:
a) The database on construction investment projects and construction works collected and updated through the procedures as prescribed in Clause 2, Article 6 of this Decree;
b) The database on construction works investigated and surveyed in accordance with the guidelines of the Minister of the Ministry managing specialized construction works.
2. Data on construction investment projects collected and updated in the National Database on construction activities includes:
a) General data include: Name of the project; location of the construction;
b) Detailed data include: Procedure resolution results and data in the accompanying dossiers and legal documents.
3. Data on construction works collected and updated in the National Database on construction activities includes:
a) General data include: Name of the work; location of the construction work;
b) Detailed data include: Procedure implementation results and data in the accompanying dossiers and legal documents.
4. Based on management needs, the Minister of the Ministry managing specialized construction works shall issue guidelines and roadmaps for investigating, surveying, collecting, and updating data and information on construction works into the National Database on construction activities as prescribed at Point b, Clause 1 of this Article.
5. The authority resolving the procedure shall be responsible for checking and standardizing the data inputted by organizations and individuals as prescribed in Clause 1, Article 14 of this Decree as a basis for updating into the National Database on construction activities along with the procedure resolution results.
6. For construction investment projects and works that have undergone one or a number of procedures related to construction activities previously, when carrying out the procedures, the competent State authority and the specialized construction authority shall request the applicant to report, input, and update the procedure resolution results of the competent State authority and specialized construction authority (if any) relating to the construction investment project and construction work.
Article 14. Identification codes of construction investment projects and construction works
1. Each construction investment project and construction work must be associated with a construction investment project identification code and a construction work identification code, which are initialized when the Single-Window division or the procedure receiving division, and the organization or individual requesting the implementation of the procedure input general data and detailed data on the construction investment project and construction work on the Information System on construction activities using the forms for requesting procedure implementation and the forms of procedure implementation results as prescribed in the relevant laws.
2. The identification code of the construction investment project and the identification code of the construction work are strings of characters.
Article 15. Open data and master data of the database on construction investment projects and construction works
1. General data and some detailed data in the database on construction investment projects and construction works are open data, which are detailed and disclosed by the Ministry of Construction on the national data portal and the portal of the Ministry of Construction.
2. The master data of the database on construction investment projects and construction works shall include the general data as prescribed at Point a, Clause 2, and Point a, Clause 3, Article 13, and the identification codes as prescribed in Article 14 of this Decree.
3. The Minister of Construction shall detail the data fields, forms, sequences, and responsibilities for inputting and updating data on construction investment projects and construction works into the National Database on construction activities.
Section 3
DATABASE, PROCESSES, RESPONSIBILITIES FOR UPDATING THE DATABASE ON CONSTRUCTION NORMS, CONSTRUCTION PRICES, AND CONSTRUCTION PRICE INDEXES
Article 16. The database on construction norms, construction prices, and construction price indexes
1. The database on construction norms, construction prices, and construction price indexes includes data on construction norms, data on construction prices, data on prices of direct cost elements constituting prices of construction jobs, and data on construction price indexes.
2. Data on construction norms includes:
a) Data on economic-technical norms (including basic norms and cost estimate norms);
b) Data on cost norms.
3. Data on construction prices includes:
a) Data on prices of construction jobs;
b) Data on prices of construction job groups;
c) Data on prices of parts and structural units of the work;
d) Data on cost rates and construction investment capital rates.
4. Data on prices of direct cost elements constituting prices of construction jobs includes:
a) Data on material prices;
b) Data on labor prices;
c) Data on construction machinery and equipment shift prices;
d) Data on machinery rental prices.
5. Data on construction price indexes includes:
a) Data on construction price indexes by work types;
b) Data on construction price indexes by cost structure of works (including: price index for the construction part, price index for the equipment part, and price index for the other cost part);
c) Data on construction price indexes by cost elements of works (including: price index for construction materials, price index for construction labor, and price index for construction machinery and equipment);
d) Data on price indexes of certain primary materials.
Article 17. Master data, identification codes, data update processes, and responsibilities for managing data updates
1. The master data of the database on construction norms, construction prices, and construction price indexes shall be the data on construction norms, construction prices, and construction price indexes established based on the disclosure and promulgation documents, and associated with identification codes.
2. The identification code of the data as prescribed in Clause 1 of this Article shall be initialized upon updating the data into the information system and data on construction norms, construction prices, and construction price indexes. The identification code of the data on construction norms, construction prices, and construction price indexes is a string of characters.
3. The data of the database on construction norms, construction prices, and construction price indexes shall be updated as follows:
a) The competent authority promulgating and announcing data on construction norms, construction prices, and construction price indexes as prescribed by law on management of construction investment costs shall be responsible for organizing the update of the promulgated and announced data into the information system and data on construction norms, construction prices, and construction price indexes that has been developed, and is being exploited and operated;
b) Within a time limit of 05 working days from the date of promulgation and disclosure, the competent authority stated at Point a of this Clause shall be responsible for reviewing, standardizing, inputting, and updating the promulgated and announced data as prescribed into the System at Point a of this Clause. In particular, data on economic-technical norms as prescribed at Point a, Clause 2, Article 16 of this Decree shall be reviewed, standardized, and input within a time limit of 10 working days.
4. The Minister of Construction shall detail the processes and forms for updating data; and the responsibilities for managing the update of data into the database on construction norms, construction prices, and construction price indexes.
Section 4
DATABASE, IDENTIFICATION CODES, PROCESSES FOR CREATION OF DATA ON CONSTRUCTION CAPABILITIES
Article 18. Data on construction capabilities of organizations and individuals participating in construction activities
1. Data on construction capabilities of organizations and individuals participating in construction activities shall be collected into the National Database on construction activities as prescribed in Clause 5, Article 6 of this Decree.
2. For individuals participating in construction activities:
a) General data include: Area of practice; certificate class; certificate validity period;
b) Detailed data include: Training institution; professional qualifications; number of the construction practising certificate; decision on new issuance or re-issuance; issuing authority.
3. For organizations participating in construction activities:
a) General data include the name of the contractor;
b) Detailed data include information on construction capabilities collected through the procedures.
Article 19. Identification codes of construction capabilities
1. Each organization and individual participating in construction activities that creates data on construction capabilities must be associated with a unique construction capability identification code to serve as a basis for management as prescribed.
2. The construction capability identification codes include the construction capability identification codes of organizations and the construction capability identification codes of individuals.
3. The construction capability identification code of an individual is prescribed as follows:
a) For an individual who is a Vietnamese citizen, the identification code shall be established based on his/her personal identification number in the National Population Database;
b) For other individuals conducting construction activities in the territory of Vietnam, the identification code shall be established based on the issued passport number.
4. The construction capability identification code of an organization shall be its enterprise identification number as prescribed by law on enterprise registration.
Article 20. Open data and master data of the database on construction capabilities
1. General data and some detailed data in the database on construction capabilities are open data, which are detailed and disclosed by the Ministry of Construction on the national data portal and the portal of the Ministry of Construction.
2. The master data of the database on construction capabilities shall include the general data as prescribed at Point a, Clause 2, and Point a, Clause 3, Article 18, and the identification codes as prescribed in Article 19 of this Decree.
Article 21. Processes for initializing identification codes, creating, and updating the database on construction capabilities
1. The construction capability identification code of the organization and individual shall be initialized for the first time on the Information System on construction activities.
2. For satisfying dossiers of application for construction practising certificates, the competent State authority shall be responsible for organizing the input of data as prescribed in Clause 2, Article 18 of this Decree to initialize the identification codes on the Information System on construction activities.
3. Data on construction capabilities of organizations and individuals shall be automatically collected and updated when implementing the procedures as prescribed in Clause 1, Article 18 of this Decree.
4. When implementing the subsequent procedures, data on construction capabilities of organizations and individuals shall be automatically updated into the construction capability identification codes that were initialized as prescribed in Clause 1 of this Article.
5. The competent State authority or the specialized construction authority shall only issue the administrative procedure resolution results after the construction capability identification code of the individual has been validly initialized and the data has been fully updated on the Information System on construction activities.
6. The administrative procedure resolution results regarding the issuance of the construction practising certificate shall be issued and returned in electronic form, associated with the construction capability identification code of the individual, and updated and stored on the Information System on construction activities. Electronic results shall have the same legal value as paper copies as prescribed by law on construction and electronic transactions, and shall be used for exploitation, sharing, and serving procedure resolution.
7. The Minister of Construction shall detail the data fields on construction capabilities of organizations and individuals as prescribed in Article 18 of this Decree; and the processes for creating and updating data on construction capabilities of individuals as prescribed in this Article.
Chapter III
EXPLOITATION, USE, CONNECTION, DATA SHARING, AND UPDATING AND MODIFYING DATA AND INFORMATION IN THE INFORMATION SYSTEM ON CONSTRUCTION ACTIVITIES
Article 22. Exploitation and use of the Information System on construction activities
1. The exploitation and use of the Information System on construction activities shall be carried out as prescribed by law on data, electronic transactions, access to information, network information safety, cybersecurity, and other relevant laws; and ensure the correct purposes, scope, competence, and State-level governance requirements in the construction activities sector.
2. Scope of exploitation of the database
a) State authorities shall be entitled to exploit and use data in the information system on construction activities in accordance with their functions, tasks, competence, decentralized scope, and defined exploitation purposes. The exploitation of personal data, restricted access data, state secrets, and trade secrets shall be carried out as prescribed by the relevant laws;
b) Individuals and organizations are entitled to exploit and use the disclosed open data, and to exploit the remaining data in the Information System on construction activities via a written request, as prescribed by law on digital transformation, electronic transactions, cybersecurity, access to information, and in conformity with the usage needs of individuals and organizations.
3. Methods of exploitation of the database
a) Via the national data integration and sharing platform, and data connection and sharing systems as prescribed by the relevant laws;
b) Via the information portal of the Information System on construction activities;
c) In writing as prescribed by law on access to information for information and data that are not open data as prescribed in this Decree.
4. State authorities must not request organizations and individuals to provide documents and information that are already available on the National database on construction activities.
5. Organizations and individuals exploiting and using the information system on construction activities at the address https://csdlhdxd.gov.vn are responsible for:
a) Accessing the correct domain name address and the correct issued account; and refraining from disclosing system passwords;
b) Only exploiting and using information and data within the decentralized scope, and refraining from unauthorized intrusion into the database system; and using information and data for the correct purposes;
c) Refraining from making changes, deletions, cancellations, duplications, disclosures, displays, or unauthorized movements of a portion or all of the data; refraining from creating or disseminating software programs that affect or falsify the database on construction norms, construction prices, prices of direct cost elements constituting prices of construction jobs, and construction price indexes; and promptly notifying the authority managing the database system of errors in information and data on the database system on construction norms, construction prices, and construction price indexes;
d) Complying with the law regulations on protection of state secrets and the law regulations on cybersecurity; and taking accountability for violations in the exploitation and use of information and data.
6. Organizations and individuals registering accounts and meeting the conditions for activation are granted the right to exploit and use information, data, and shared software from the Information System and data on construction norms, construction prices, and construction price indexes at the address https://cemia.gov.vn, specifically including:
a) Exploiting and using the catalog of information and data on construction norms, construction prices, prices of direct cost elements constituting prices of construction jobs, and construction price indexes;
b) Exploiting and using information and data on construction norms, construction prices, prices of direct cost elements constituting prices of construction jobs, and construction price indexes as prescribed by law that are publicly disclosed and widely disseminated;
c) Using functions and shared software available on the database system to serve professional works.
7. The exploitation and use of data and information that are not open data as prescribed in this Decree shall be carried out by the unit operating, exploiting, and using the Information System on construction activities, which provides online utility services via the information portal belonging to the Information System on construction activities, in accordance with the roadmap in Clause 2, Article 50 of this Decree. It is specified as follows:
a) The organization or individual shall send an electronic document requesting the provision and exploitation of information in the Information System on construction activities;
b) The electronic document requesting the provision of information in the Information System on construction activities must clearly state the purpose and scope of information to be provided and exploited, and guarantee to take responsibility for using the information for the correct purposes and as prescribed by law when provided;
c) In cases where the provision of information is agreed upon, within a time limit of 03 working days from the date of receiving the electronic request document, the unit operating, exploiting, and using the Information System on construction activities or the decentralized or authorized unit shall issue an electronic document of agreement in accordance with the requested details;
d) In cases where the provision of information is refused, there must be an electronic written reply clearly stating the reason;
dd) The form of the electronic document requesting the provision and exploitation of information and the form of the electronic document providing information in the Information System on construction activities shall be implemented as prescribed by the Minister of Construction.
8. The Ministry of Construction shall disclose open data to the public; and make publicly available utility services for providing and exploiting data and information in the Information System on construction activities as prescribed by law on data and other relevant laws.
Article 23. Regulations on connection to the Information System on construction activities
1. The connection and sharing of data between the Information System on construction activities and other national databases and specialized databases shall be carried out as prescribed by law on data, electronic transactions, and management, connection, and sharing of digital data of State authorities, ensuring information safety and security, and the right to access information as prescribed by law.
2. The connection and sharing of data with the Information System on construction activities shall be carried out on the following principles:
a) To meet the requirements of State-level governance, administrative procedure resolution, public service provision, and the lawful exploitation needs of organizations and individuals;
b) To ensure the data being connected and shared are valid and uniform, and are designated with codes as prescribed in this Decree;
c) To connect and share data in real-time or periodically, and minimize data duplication and replication;
d) To comply with regulations on data protection, network information safety, cybersecurity, and other relevant laws.
3. Data connected and shared from the National Database on construction activities shall be official data, used by authorities, organizations, and individuals as a basis in State-level governance, administrative procedure resolution, and relevant activities, unless otherwise prescribed by the law regulations. In cases where discrepancies exist, they shall be handled as prescribed in Article 25 of this Decree.
4. The connection and sharing of data with information systems and databases of organizations and individuals outside the State sector shall be carried out as prescribed by law and data sharing agreements, ensuring no impact is made on the safety and security of the Information System on construction activities.
5. The Ministry of Construction shall establish and announce data sharing services within the scope of the Information System on construction activities. It shall issue documents related to technical regulations on structure, data format, packets, connection, and sharing of data with the Information System on construction activities.
Article 24. Connection and sharing of data with the National Land Database
The connection of the Information System on construction activities with the National Land Database to share land data for the purpose of management of construction investment activities shall be carried out as prescribed by law on data, electronic transactions, and other relevant laws.
Article 25. Updating and modification of data and information in the Information System on construction activities
1. Upon receiving proposals or discovering that information in the Information System on construction activities is incomplete, inaccurate, or has discrepancies between the electronic data and the original dossier documents, the competent authority or organization issuing the procedure resolution results, or the authority or organization creating the data, shall be responsible for reviewing, updating, standardizing, and modifying the data as prescribed.
2. The Ministry of Construction shall issue guidelines for the input, updating, and modification of data and information; addresses for inputting and updating data; and the decentralization of administration, exploitation, and use of data and information in the Information System on construction activities.
Article 26. Funding for development, upgrading, maintenance, exploitation, use, management, and operation of the Information System on construction activities
1. Funding for development, upgrading, maintenance, exploitation, use, management, and operation of the Information System on construction activities as prescribed in Clause 3, Article 4 of this Decree shall be covered by State budget and other lawful capital sources as prescribed by law.
2. Funding for implementing the management, exploitation, ensuring of information safety, and operation shall be allocated from recurrent expenditure sources in accordance with current budget decentralization regulations, and other lawful capital sources as prescribed by law.
3. It is encouraged to mobilize other lawful resources for the purpose of development, operation, and exploitation of the Information System on construction activities as prescribed by law.
Chapter IV
CONSTRUCTION CAPABILITIES
Section 1
CONSTRUCTION CAPABILITY REQUIREMENTS FOR INDIVIDUALS
Article 27. Construction practising certificates
1. The construction practising certificate (hereinafter referred to as the practising certificate for short) shall be issued to an individual who is a Vietnamese citizen, a Vietnamese national residing overseas, or a foreigner lawfully engaging in construction activities in Vietnam in order to assume the titles or practice independently as prescribed in Clause 1, Article 88, and Article 90 of the Law on Construction 2025.
2. In cases where an individual who is a foreigner or a Vietnamese national residing overseas has a practising capability license issued by a foreign authority or organization, if he/she practices construction activities in Vietnam for less than 06 months or practices overseas but performs construction consultancy services in Vietnam, his/her training diploma and practising capability license must be consularly authenticated and accompanied by a Vietnamese translation notarized and authenticated as prescribed by law of Vietnam in order for him/her to be eligible to practice. In cases where the individual practices construction activities in Vietnam for 06 months or more, he/she must convert his/her practising certificate at the authority competent to issue practising certificates as prescribed in Article 31 of this Decree.
3. The titles and individuals as prescribed in Clause 1, Article 88 of the Law on Construction 2025 are not required to hold practising certificates as prescribed in this Decree when performing the following construction activities:
a) Designing, and verifying preliminary designs prepared in construction investment Prefeasibility Study Reports;
b) Designing, verifying designs, and supervising communication and telecommunication systems in works;
c) Designing, verifying designs, and supervising the finishing works of construction works such as plastering, tiling, painting, door installation, and designing, verifying designs, and supervising the construction of works that do not affect the force-bearing structures of the works;
d) Construction activities for green parks; public lighting works; telecommunication signal transmission cables; and projects comprising only the works stated at this Point.
4. An individual without a practising certificate shall only be permitted to participate in construction activities within areas appropriate to his/her training major as prescribed in this Decree, and in conformity with the Labor Code, and shall not be permitted to assume titles for which practising certificates are required by regulations.
5. A newly issued practising certificate shall be valid for 10 years. Particularly for the practising certificate of a foreigner, the validity period shall be based on the time limit stated in the work permit or temporary residence card issued by the competent authorities, but shall not exceed 10 years.
In cases where the practising certificate is re-issued as prescribed at Point b, Clause 1, Article 29 of this Decree, the validity period shall be recorded in accordance with the previously issued practising certificate.
6. The practising certificate has specifications and main details as in Form No. 03 provided in Appendix III to this Decree.
7. The practising certificate shall be managed through the practising certificate code, comprising 02 groups, connected by a hyphen (-), which is prescribed as follows:
a) First group: 03 characters indicating the place of certificate issuance specifically prescribed in Appendix IV to this Decree;
b) Second group: The practising certificate number.
8. The practising certificate number as prescribed at Point b, Clause 7 of this Article shall be an 8-digit numerical string used to manage the construction practising certificate of the individual. Each individual participating in construction activities, upon applying for the issuance of a practising certificate, shall automatically be issued with a practising certificate number on the system. The practising certificate number shall be attached and linked to the personal identification code of the person issued with the certificate, managed in the Information System on construction activities, and shall ensure data connection and sharing with relevant national and specialized databases. The practising certificate number shall remain unchanged when the individual applies for new issuance, re-issuance, or conversion of the practising certificate.
9. Work grades during the consideration for issuance of practising certificates and the operational scope shall be determined as prescribed by law on grading of works. Particularly for the consideration of issuance of practising certificates and the operational scope for the field of structural design of works, the work grade shall be determined with priority given to criteria relating to the scale of work structures as prescribed by law on grading of construction works.
10. The Ministry of Construction shall uniformly carry out State-level governance regarding the issuance and revocation of practising certificates; and manage the issuance of practising certificate numbers.
Article 28. Areas for which practising certificates shall be issued and operational scope
1. An individual must satisfy the capability requirements as prescribed in this Decree when assuming titles or independently practicing in the following areas:
a) Construction surveying, including: Topographic surveying; and engineering geology surveying;
b) Urban and rural planning;
c) Construction design, including: Architectural design of works (implemented as prescribed by law on architecture); construction design of works; and mechanical-electrical design of works;
d) Supervision of construction, including: Supervising the construction of works; and supervising the installation of equipment in works.
2. The operational scope of a practising certificate shall comply with Appendix II to this Decree.
Article 29. Issuance and revocation of practising certificates
1. A practising certificate is issued to an individual in one of the following cases:
a) New issuance of the practising certificate, including the cases of: initial issuance of the certificate; adjustment of the certificate class; the certificate expiring or application for re-issuance of a certificate with remaining validity period that does not fall into the cases as prescribed at Point b, Clause 1 of this Article;
b) Re-issuance of the practising certificate, including the cases where: the practising certificate is still valid but lost, damaged, incorrectly recorded, or personal information requires adjustment or supplementation, or it falls into the cases as prescribed in Clause 4 of this Article;
c) Conversion of the practising certificate for individuals in the cases as prescribed in Clause 2, Article 27 of this Decree;
d) In cases where the host country lacks a system for issuing practising capability licenses, the foreign individual shall implement the procedure for new issuance of the practising certificate as prescribed at Point a, Clause 1 of this Article;
dd) In cases where a foreign individual who has been issued with a practising certificate as prescribed at Point a, Clause 1 of this Article continues construction activities in Vietnam, he/she shall be subject to the conversion of the practising certificate as prescribed at Point c, Clause 1 of this Article after having his/her work permit or temporary residence card extended.
2. The practising certificate of an individual shall be revoked in one of the following cases:
a) The individual no longer meets the requirements as prescribed in Clause 1, Article 33 of this Decree;
b) The individual forges documents or makes untruthful declarations in the dossier of application for the practising certificate;
c) The individual leases, lends, or allows another person to use, the practising certificate;
d) The individual tampers with or falsifies the details on the practising certificate;
dd) The practising certificate is incorrectly recorded due to the fault of the authority issuing the practising certificate;
e) The practising certificate is issued ultra vires;
g) The practising certificate is issued when it fails to meet the capability requirements as prescribed;
h) The individual commits violations and the functional authorities propose the revocation of the practising certificate.
3. The individual whose practising certificate has been revoked may apply for the new issuance of the practising certificate in accordance with the sequences and procedures as prescribed at Point a, Clause 2, Article 30 of this Decree when he/she satisfies the following requirements:
a) After a time limit of 12 months from the date of the decision to revoke the practising certificate in the cases as prescribed at Point b, Point c, and Point d, Clause 2 of this Article;
b) After the time limit in the decision imposing the administrative penalty of deprivation of the right to use the practising certificate or suspension of operations in the case as prescribed at Point h, Clause 2 of this Article.
4. In cases where the practising certificate contains areas that are not revoked as prescribed at Point e, Point h, Clause 2 of this Article, the individual shall be re-issued with the practising certificate for the non-revoked areas on the previously issued practising certificate when he/she requests such to be implemented in accordance with the sequences and procedures as prescribed at Point b, Clause 2, Article 30 of this Decree.
5. An individual whose practising certificate has been revoked falling into the case as prescribed at Point dd, Clause 2 of this Article shall be re-issued with the practising certificate in accordance with the sequences and procedures as prescribed at Point b, Clause 2, Article 30 of this Decree.
Article 30. Sequences for issuance and revocation of practising certificates
1. The individual shall submit 01 application dossier for issuance of a practising certificate as prescribed in Clause 1, Clause 2, and Clause 3, Article 39 of this Decree to the authority competent to issue practising certificates via one of the following methods:
a) In person at the Single-Window division;
b) By postal services;
c) Online on the national public service portal.
2. From the date of receiving a complete and valid dossier as prescribed in Article 39 of this Decree, the authority competent to issue practising certificates shall be responsible for issuing the practising certificate within a time limit of:
a) 06 working days in cases of new issuance as prescribed at Point a, Point d, Clause 1, Article 29 of this Decree from the date of the notification of the evaluation results deeming the dossier eligible;
b) 05 working days in cases of re-issuance as prescribed at Point b, Clause 1, Article 29 of this Decree;
c) 11 working days in cases of conversion as prescribed at Point c, Clause 1, Article 29 of this Decree from the date of the notification of the evaluation results deeming the dossier eligible.
3. The construction practising capability of the individual shall be evaluated based on the criteria of meeting the general requirements and the professional experience requirements as prescribed in this Decree.
4. The authority competent to issue practising certificates shall decide on the issuance of the practising certificate after receiving the evaluation results from the Council for considering the issuance of practising certificates regarding the dossiers of application for new issuance and conversion of practising certificates.
Within a time limit of 02 working days from the date of receiving the dossier evaluation results from the Council, the authority competent to issue practising certificates shall notify the evaluation results indicating the dossier of application for the practising certificate is eligible or ineligible for the issuance of the practising certificate (via the national public service portal or by electronic document or an appropriate method corresponding to the submission method) prior to the last day of the month for dossiers that have been fully and validly received before the 15th day of that month, or prior to the 15th day of the following month for the remaining cases.
5. In cases where the dossier is incomplete or invalid, the authority competent to issue practising certificates must notify the individual applying for the practising certificate in writing (clearly stating the reason) once within a time limit of 05 working days from the date the individual submits the dossier.
6. In cases where, during the review process of the dossier of application for the practising certificate, the authority competent to issue practising certificates or the Council for considering the issuance of practising certificates discovers that the individual forged documents or made untruthful declarations in the dossier, the authority competent to issue practising certificates shall cease reviewing the dossier, notify the individual in writing, and discontinue resolving such dossier. An individual falling into this case shall only be permitted to resubmit the dossier of application for the practising certificate after a time limit of 12 months from the date of the written notification from the authority competent to issue practising certificates.
7. In cases where the practising certificate is revoked:
a) Within a time limit of 07 working days from the date of receiving the inspection and examination conclusion from the competent authorities, which includes a proposal for revocation of the practising certificate, or upon detecting or having grounds to determine one of the cases of revocation of the practising certificate as prescribed in Clause 2, Article 29 of this Decree, the authorities competent to revoke the practising certificate shall issue a revocation decision and declare the cancellation of the practising certificate. In cases where the certificate is not revoked, a written opinion must be sent to the authorities, organizations, or individuals proposing the revocation.
b) The authority issuing the decision on revocation of the construction practising certificate shall be responsible for sending the revocation decision to the individual whose certificate is revoked; disclosing it to the public on its electronic information page; and simultaneously updating or sending information to update the revocation status into the Information System on construction activities;
c) The individual whose practising certificate is revoked must return the original practising certificate to the authority issuing the decision on revocation thereof within a time limit of 05 working days from the date he/she receives such revocation decision.
Article 31. Competence to issue and revoke practising certificates
1. Competence to issue practising certificates: The provincial-level People's Committees shall organize the implementation of the issuance of practising certificates to individuals as prescribed. Based on the local reality, the provincial-level People's Committees shall decentralize or authorize the competence to issue practising certificates as prescribed by law on organization of local government.
2. Competence to revoke practising certificates:
a) The authority competent to issue practising certificates is the authority competent to revoke the practising certificate issued by it;
b) In cases where the practising certificate is issued improperly and the authority competent to issue practising certificates fails to revoke it, the Ministry of Construction shall directly decide to revoke the practising certificate.
3. The authority competent to issue practising certificates as prescribed in Clause 1 of this Article shall re-issue the practising certificate that it has previously issued.
4. In cases where an individual has his/her practising certificate revoked, the revoking authority shall update the revocation status of the practising certificate into the Information System on construction activities within a time limit of 01 working day from the date the revocation decision takes effect.
Article 32. Rights and obligations of the individual applying for the practising certificate
1. The individual applying for the construction practising certificate has the following rights:
a) To be entitled to request the provision of information on the issuance of the practising certificate;
b) To be entitled to practice construction activities on a nationwide scale in accordance with the details recorded on the practising certificate;
c) To complain and denounce violations of the law regulations on the issuance of the practising certificate.
2. The individual applying for the construction practising certificate has the following obligations:
a) To make truthful declarations in the dossier of application for the practising certificate as prescribed in this Decree; to take legal accountability for the declarations in the dossier; to provide information upon the request of the competent authorities;
b) To practice in accordance with the details stated on the practising certificate, and comply with the law regulations on construction and other relevant laws;
c) Not to lease, lend, or allow other persons to use, the practising certificate;
d) Not to tamper with or falsify the practising certificate;
dd) To comply with professional ethics;
e) To present the practising certificate and comply with requests for inspection and examination upon the request of the competent authorities.
Article 33. General requirements for being issued with construction practising certificates
An individual shall be issued with a construction practising certificate when he/she satisfies the general requirements as follows:
1. He/she must have full civil act capacity as prescribed by law; and have residence documents or a work permit in Vietnam if he/she is a foreigner or Vietnamese national residing overseas.
2. He/she must have appropriate professional qualifications as prescribed in Appendix I to this Decree. Appropriate professional qualifications shall be determined based on the educational major stated on the diploma. In cases where the diploma does not clearly specify the educational major, the appropriate educational major shall be determined based on the academic transcript or diploma appendix. An educational major shall be considered appropriate where the academic transcript or diploma appendix includes a subject, course project, or graduation project relevant to the field and subject matter of the practising certificate of which issuance is applied for, as prescribed in Appendix I to this Decree.
3. He/she must have professional experience appropriate to the class and area of the practising certificate for which issuance is applied for within the 10 years preceding the date of application for practising certificate. In cases where the experience is appropriate but was gained more than 10 years prior, the applicant may apply for a practising certificate 01 class lower from the competent authority as prescribed in Article 31 of this Decree.
4. The duration of experience in participating in work appropriate to the details of the practising certificate applied for shall be as follows:
a) Class I: A university degree in an appropriate major or field of study and at least 07 years of experience relevant to the subject matter of the practising certificate of which issuance is applied for;
b) Class II: A university degree in an appropriate major or field of study and at least 04 years of experience relevant to the subject matter of the practising certificate of which issuance is applied for;
c) Class III: Educational attainment in an appropriate major or field of study and, if the applicant is an individual holding a university degree, at least 02 years of experience relevant to the subject matter of the practising certificate of which issuance is applied for; or, if the applicant is an individual holding a college degree, at least 03 years of such experience.
5. The period of experience in participating in appropriate work as prescribed in Clause 4 of this Article shall be calculated from the time the individual participates in construction activities as indicated on the application form for issuance or the application form for conversion of the practising certificate, or the labor contract, or the certification from the employer, or social insurance, or similar documents. In cases where this information is already available on the Information System on construction activities and eligible for exploitation and use as prescribed, it shall be used to replace the corresponding documents.
Article 34. Professional experience requirements for being issued with construction practising certificates for construction surveying
An individual shall be considered and issued with a construction practising certificate for construction surveying when he/she meets the general requirements as prescribed in Article 33 of this Decree and the professional experience requirements corresponding to the classes of practising certificates as follows:
1. Class I:
a) For topographic surveying: He/she must have worked as the construction surveying manager within the area of the practising certificate for which he/she applies for 01 Group-A or higher project, or 02 Group-B projects, or 01 Grade-I or higher work, or 02 Grade-II works;
b) For geological surveying: He/she must have worked as the construction surveying manager within the area of the practising certificate for which he/she applies for 01 Grade-I or higher work, or 02 Grade-II works.
2. Class II:
a) For topographic surveying: He/she must have worked as the construction surveying manager within the area of the practising certificate for which he/she applies for 01 Group-B project, or 02 Group-C projects, or 01 Grade-II work, or 02 Grade-III works;
b) For geological surveying: He/she must have worked as the construction surveying manager within the area of the practising certificate for which he/she applies for 01 Grade-II work, or 02 Grade-III works.
3. Class III: He/she must have participated in construction surveying within the area of the practising certificate for which he/she applies for 01 Group-C or higher project, or 01 Grade-III or higher work, or 02 Grade-IV works.
Article 35. Professional experience requirements for being issued with construction practising certificates for urban and rural planning
An individual shall be considered and issued with a construction practising certificate for urban and rural planning when he/she meets the general requirements as prescribed in Article 33 of this Decree and the professional experience requirements corresponding to the classes of practising certificates as follows:
1. Class I: He/she must have worked as the manager or person in charge of formulating urban and rural master plans of the area of expertise for 01 urban and rural master plan that was approved by the Prime Minister, or 02 urban and rural master plans (including 01 general master plan or zoning master plan) that were approved by the provincial-level People's Committee.
2. Class II: He/she must have worked as the manager or person in charge of formulating urban and rural master plans of the area of expertise for 01 urban and rural master plan that was approved by the provincial-level People's Committee, or 02 urban and rural master plans that were approved by the communal-level People's Committee.
3. Class III: He/she must have participated in formulating urban and rural master plans of the area of expertise for 02 approved urban and rural master plans.
Article 36. Professional experience requirements for being issued with construction practising certificates for construction design
An individual shall be considered and issued with a construction practising certificate for construction design when he/she meets the general requirements as prescribed in Article 33 of this Decree and the professional experience requirements corresponding to the classes of practising certificates as follows:
1. Class I: He/she must have worked as the manager or person in charge of construction design, or verification of construction design for work portions falling under the details of the practising certificate for which he/she applies for 01 Grade-I or higher work, or 02 Grade-II works.
2. Class II: He/she must have worked as the manager or person in charge of construction design, or verification of construction design for work portions falling under the details of the practising certificate for which he/she applies for 01 Grade-II work, or 02 Grade-III works.
3. Class III: He/she must have participated in construction design or verification of construction design for work portions falling under the details of the practising certificate for which he/she applies for 03 Grade-III or higher works, or 05 Grade-IV works.
Article 37. Professional experience requirements for being issued with construction practising certificates for construction supervision
An individual shall be considered and issued with a construction practising certificate for construction supervision when he/she meets the general requirements as prescribed in Article 33 of this Decree and the professional experience requirements corresponding to the classes of practising certificates as follows:
1. Class I: He/she must have worked as the chief supervisor or person in charge of construction design for work portions falling under the details of the practising certificate for which he/she applies for 01 Grade-I or higher work, or 02 Grade-II works.
2. Class II: He/she must have worked as the chief supervisor or person in charge of construction design for work portions falling under the details of the practising certificate for which he/she applies for 01 Grade-II work, or 02 Grade-III works.
3. Class III: He/she must have participated in construction supervision, or participated in construction design, or participated in the construction of works for work portions falling under the details of the practising certificate for which he/she applies for 01 Grade-III or higher work, or 02 Grade-IV works. In cases where he/she participates in construction supervision as prescribed in this Clause, a practising certificate shall not be required.
Article 38. Professional experience requirements for practicing as project management directors and site chief commanders
1. An individual assuming the title of project management director must have appropriate expertise as prescribed in Section 5, Appendix I to this Decree and meet the requirements corresponding to the classes as follows:
a) Class I: He/she must have a university degree; have a period of experience participating in construction activities of 07 years or more; have worked as the project management director for 01 Group-A or higher project, or 02 Group-B projects, or have worked as the site chief commander for work portions falling under the practising details for 01 Grade-I or higher work, or 02 Grade-II works;
b) Class II: He/she must have a university degree; have a period of experience participating in construction activities of 04 years or more; have worked as the project management director for 01 Group-B project, or 02 Group-C projects, or have worked as the site chief commander for work portions falling under the practising details for 01 Grade-II work, or 02 Grade-III works;
c) Class III: He/she must have a period of experience participating in construction activities of 02 years or more for an individual with a university degree; 03 years or more for an individual with a college degree; have participated in managing construction investment projects for 01 Group-C or higher project, or have participated in the construction of works for work portions falling under the practising details for 01 Grade-III or higher work, or 02 Grade-IV works.
2. An individual who has appropriate expertise as prescribed in Section 6, Appendix I to this Decree and meets the requirements corresponding to the classes as prescribed at Point a, Point b, and Point c, Clause 1 of this Article shall be eligible to assume the title of site chief commander with the corresponding classes.
Article 39. Dossiers of application for construction practising certificates
1. A dossier of application for issuance of a new construction practising certificate as prescribed at Point a, Point d, Clause 1, Article 29 of this Decree shall comprise:
a) A written application for issuance of a practising certificate, made using Form No. 01 provided in Appendix III to this Decree, shall be the original if submitted in person or by postal services. If submitted online, the information shall be entered into the interactive electronic form on the national public service portal;
b) A 4 x 6 cm color portrait photo file of the applicant for the practising certificate, taken against a white background within the last 06 months;
c) A diploma issued by a lawful training institution and appropriate to the field and class of the practising certificate applied for. In cases where the diploma does not specify or unclearly specifies the training major, an academic transcript or diploma appendix shall be submitted as a basis for checking and evaluation (in cases where the individual is a foreigner or a Vietnamese national residing overseas, a diploma issued by a foreign training institution shall be a consular authenticated copy accompanied by a Vietnamese translation notarized or authenticated in accordance with the law regulations of Vietnam; in other cases, a diploma issued by a foreign training institution shall be recognized by the Vietnamese education system). In cases where information on the diploma, training level, and training major has been stored, connected, shared, and authenticated from the Database of the Education sector or other competent databases, the individual shall not be required to submit this document;
d) A practising certificate (if any) previously issued by a competent authority, appropriate to the period and scope of experience proof. In cases where the practising certificate information has been stored, updated, connected, shared, and authenticated in the National Database on construction activities or the database of the specialized construction authority, the individual shall not be required to submit this document;
dd) Decisions on task assignments (delegation of tasks) from the organization to the individual, or written certifications from the legal representative of the project owner who shall take accountability for the truthfulness of the certification regarding the works the individual has completed in accordance with the declared details, or documents from specialized construction authorities containing details related to the experience declared by the individual; economic contracts and acceptance testing minutes of the executed works declared in cases where the individual practices independently;
e) Any residence document or a work permit in Vietnam if he/she is a foreigner or Vietnamese national residing overseas;
g) The documents as prescribed at Point c, Point d, Point dd, and Point e of this Clause must be authenticated copies when submitting the dossier in person or via postal services, or properly authenticated electronic copy files when submitting online.
2. A dossier of application for re-issuance of the construction practising certificate as prescribed at Point b, Clause 1, Article 29 of this Decree shall comprise:
a) A written application for issuance of a practising certificate, made using Form No. 01 provided in Appendix III to this Decree, shall be the original if submitted in person or by postal services. If submitted online, the information shall be entered into the interactive electronic form on the national public service portal;
b) A 4 x 6 cm color portrait photo file of the applicant for the practising certificate, taken against a white background within the last 06 months;
c) The original practising certificate, of which the re-issuance is applied for. In cases where the practising certificate is lost or has been revoked by the competent authority as prescribed in Clause 4, Article 29 of this Decree, there must be a commitment from the applicant for re-issuance.
3. A dossier of application for conversion of the construction practising certificate as prescribed at Point c, Clause 1, Article 29 of this Decree shall comprise:
a) A written application for conversion of a practising certificate, made using Form No. 02 provided in Appendix III to this Decree, shall be the original if submitted in person or by postal services. If submitted online, the information shall be entered into the interactive electronic form on the national public service portal;
b) A 4 x 6 cm color portrait photo file of the applicant for the practising certificate, taken against a white background within the last 06 months;
c) Diplomas and practising capability licenses issued by foreign training institutions, and foreign authorities or organizations that have been consularly authenticated and accompanied by Vietnamese translations notarized and authenticated in accordance with the law regulations of Vietnam;
d) Any residence document or a work permit in Vietnam;
dd) The documents as prescribed at Point c and Point d of this Clause must be authenticated copies or properly authenticated electronic copy files.
4. The individual shall pay fees when submitting the dossier of application for construction practising certificate. The collection, payment, and management of the use of fees for issuing practising certificates shall be implemented as prescribed by law on fees and charges.
Article 40. Council for considering the issuance of the construction practising certificate
1. The head of the authority competent to issue practising certificates shall decide to establish the council for considering the issuance of the practising certificate (hereinafter briefly referred to as the council) to evaluate the construction capabilities for the purpose of consideration of issuance of the practising certificate in cases of applications for new issuance and conversion. The evaluation shall be carried out based on the compiled results of the construction capability dossiers of the individuals applying for practising certificates by the subordinate unit of the authority competent to issue practising certificates that is assigned the task of resolving the dossiers.
2. The council shall consist of:
a) The council chairperson, who is the head or the deputy head of the authority issuing the practising certificate;
b) The standing members, who are civil servants or public employees of this authority;
c) The members participating in the council, who are civil servants, public employees, and experts with majors appropriate to the areas of the requested new issuance or conversion of the practising certificate;
d) The council secretary, who is a civil servant or public employee of the authority issuing the practising certificate.
3. The council shall operate on a part-time basis, in accordance with the regulations decided and issued by the council chairperson.
4. The operating regulations of the Council shall include details on working principles; structure, tasks, powers, and responsibilities of the Council and each Council member; processes for evaluating the construction capabilities of individuals; and operating funding of the Council.
Section 2
DISCLOSURE OF INFORMATION ON CONSTRUCTION CAPABILITIES OF ORGANIZATIONS TO THE PUBLIC
Article 41. Disclosure of information on construction capabilities of organizations participating in construction activities to the public
1. Organizations participating in construction activities shall autonomously publicize information on their capacity for construction activities on the web portal at the address https://csdlhdxd.gov.vn.
2. The legal representative of the organization shall bear comprehensive accountability for the accuracy and truthfulness of the information disclosed to the public.
3. Details to be disclosed:
a) Name of the organization;
b) Address of the head office;
c) Legal representative: Full name; position; contact phone number;
d) Enterprise identification number/Establishment decision;
dd) Construction capabilities collected from the Information System on construction activities;
e) Class and area of practice in accordance with the issued capability certificate (if any).
4. The legal representative of the organization shall declare information and comply with authentication as prescribed on the system. The updating, modification, and correction of information must be logged on the electronic information page.
Section 3
CONSTRUCTION OPERATION LICENSES FOR FOREIGN CONTRACTORS
Article 42. Principles for managing operations of foreign contractors
1. The foreign contractor shall only be permitted to engage in construction activities in Vietnam after being issued with the construction operation license by the State authority in charge of construction.
2. The operations of the foreign contractor in Vietnam must comply with the regulations of the laws of Vietnam and relevant international treaties that Vietnam has signed or acceded to.
Article 43. Requirements for issuing construction operation licenses
1. A foreign contractor shall be issued with a construction operation license when it has a decision on winning the bid or is selected for the bid by the project owner or principal contractor (subcontractor).
2. The foreign contractor must form a consortium with a Vietnamese contractor or use a Vietnamese subcontractor, unless otherwise domestic contractors are not qualified to participate in any work of the bidding package. When forming a consortium or using a Vietnamese contractor, it must clearly delineate the details, volume, and value of the work portion performed by the Vietnamese contractor in the consortium, or the Vietnamese subcontractor.
Article 44. Dossiers of application, and competence to issue construction operation licenses
1. The foreign contractor shall submit 01 dossier as prescribed in Clause 2 of this Article to the authority issuing the construction operation license via one of the following methods:
a) In person at the Single-Window division;
b) By postal services;
c) Online on the national public service portal.
2. A dossier of application for construction operation license shall comprise:
a) A written application for issuance of the construction operation license, made using Form No. 04 and Form No. 07 provided in Appendix III to this Decree. If submitted online, the information shall be entered into the interactive electronic form on the national public service portal;
b) Authenticated copies or properly authenticated electronic copies regarding the bidding results or lawful bid selection decisions;
c) Authenticated copies or properly authenticated electronic copies regarding the establishment license or business registration certificate for organizations, and the practising certificate (if any) issued by the country of which the foreign contractor holds nationality;
d) A summary report of operating experience relating to the contracted works, and authenticated copies or properly authenticated electronic copies of the consolidated financial audit reports for the last 03 years (in cases not implemented in accordance with the law regulations on bidding); for contractors established for less than 03 years, consolidated financial audit reports shall be submitted corresponding to the number of years since establishment;
dd) Authenticated copies or properly authenticated electronic copies of the consortium contract with a Vietnamese contractor, or official contract or in-principle contract with a Vietnamese subcontractor to execute the contracted work (already included in the bidding dossier or bidding offer dossier);
e) A lawful power of attorney for a person who is not the legal representative of the contractor, made using Form No. 06 provided in Appendix III to this Decree, or a lawful power of attorney with equivalent details.
3. The written application for construction operation license shall be in Vietnamese. Foreign establishment licenses or business registration certificates must be consularly authenticated, unless otherwise international treaties to which Vietnam and related countries are members stipulate exemptions from consular authentication. If the papers and documents as prescribed at Point b, Point c, Point dd, and Point e, Clause 2 of this Article are in a foreign language, they must be translated into Vietnamese and the translation must be notarized and authenticated as prescribed by law of Vietnam.
4. Competence to issue construction operation licenses
a) The provincial-level People's Committee shall organize the issuance of construction operation licenses (including modified licenses) for foreign contractors operating in the administrative territory of the province. Based on the practical situation of the locality, the provincial-level People's Committee shall decentralize or authorize the competence to issue construction operation licenses as prescribed by law on organization of local government. In cases where the foreign contractor carries out construction activities in the territories of 02 or more provincial-level administrative units, the competent authority to issue the license shall be the provincial-level People's Committee of the locality where the foreign contractor plans to locate its executive office.
b) The construction operation licenses shall be made using Form No. 08 and Form No. 09 provided in Appendix III to this Decree.
Article 45. Modification of construction operation licenses
1. After being issued with the construction operation license, in cases where there is a change in the name or address of the contractor, or a change in the members of the contractor consortium or subcontractor, or other details already recorded in the issued construction operation license, the foreign contractor shall submit 01 dossier via one of the methods as prescribed in Clause 1, Article 44 of this Decree to the authority issuing the construction operation license to be considered for modification of the issued construction operation license. The modified construction operation licenses shall be made using Form No. 10 provided in Appendix III to this Decree.
2. A dossier of application for modification of the construction operation license shall comprise:
a) A written application for modification of the construction operation license, made using Form No. 11 provided in Appendix III to this Decree. If submitted online, the information shall be entered into the interactive electronic form on the national public service portal;
b) The documents proving the details requested for modification, which are authenticated copies or properly authenticated electronic copies. In cases where the document is in a foreign language, it must be translated into Vietnamese and the translation must be notarized and authenticated as prescribed by law of Vietnam; in cases where the law requires consular authentication, it shall be implemented as prescribed.
Article 46. Time limits and fees for issuing and modifying construction operation licenses for foreign contractors
1. The competent authority as prescribed at Point a, Clause 4, Article 44 of this Decree shall review the dossier to issue or modify the construction operation license for the foreign contractor within a time limit of 06 working days from the date of receiving a complete and valid dossier. In cases where the construction operation license is not issued or modified, the authority competent to issue the construction operation license must reply in writing to the contractor and clearly state the reason.
2. Upon receiving the construction operation license, the foreign contractor must pay fees as prescribed by law on fees and charges.
3. The construction operation license shall cease to be effective in the following cases:
a) The bidding contract has been completed and liquidated;
b) The contract is no longer effective when the foreign contractor is suspended from operations, dissolved, bankrupt, or for other reasons as prescribed by law of Vietnam and the laws of the country where the contractor holds nationality.
Article 47. Revocation of construction operation licenses
1. The foreign contractor shall have its construction operation license revoked when it falls into one of the following cases:
a) It forges documents in the dossier of application for construction operation license;
b) It tampers with or falsifies the details on the construction operation license;
c) The construction operation license is incorrectly recorded due to the fault of the authority issuing the construction operation license.
2. Competence to revoke construction operation licenses:
a) The authority competent to issue the construction operation license is the authority competent to revoke the construction operation license issued by it;
b) In cases where the construction operation license is issued improperly and the authority competent to issue the license fails to revoke it, the Ministry of Construction shall directly decide to revoke the construction operation license.
3. Sequences for revoking construction operation licenses:
a) Within a time limit of 08 working days from the date of receiving the inspection conclusion or examination document from the State authorities on construction, which includes a proposal for revocation of the operation license for construction activities, or upon detecting or having grounds to determine one of the cases of revocation of the operation license for construction activities as prescribed in Clause 1 of this Article, the authority competent to revoke the operation license for construction activities shall issue a decision to revoke the operation license for construction activities. In cases where the license is not revoked, a written opinion must be sent to the proposing authority;
b) The authority competent to revoke the construction operation license shall be responsible for sending the decision revoking the construction operation license to the organization or individual whose license is revoked; and simultaneously sending it to the project owner and relevant authorities for their information;
c) The organization or individual whose construction operation license is revoked must return the original construction operation license to the authority issuing the decision on revocation of the construction operation license within a time limit of 05 working days from the date it/he/she receives the revocation decision;
d) In cases where the construction operation license is revoked because it was incorrectly recorded due to the fault of the authority issuing the construction operation license, the authority competent to revoke the construction operation license shall be responsible for re-issuing the construction operation license within a time limit of 03 working days from the date of receiving the revoked construction operation license; for violations at Point a and Point b, Clause 1 of this Article, the authority competent to issue the construction operation license to the foreign contractor shall only consider issuing the license after 12 months from the date the revocation decision is issued;
dd) In cases where the organization or individual whose construction operation license is revoked fails to return the construction operation license as prescribed, the competent revoking authority shall issue a decision declaring the cancellation of the construction operation license, send it to the organization or individual whose construction operation license is declared canceled, and simultaneously send information to the project owner and relevant authorities for their information.
Article 48. Rights and obligations of foreign contractors
1. A foreign contractor has the following rights:
a) To request functional authorities to guide the formulation of dossiers applying for construction operation licenses and other issues related to the operations of the contractor as prescribed in this Decree;
b) To complain and denounce violating acts by organizations and individuals carrying out works as prescribed in this Decree;
c) To have its lawful rights and interests in doing business in Vietnam protected in accordance with the issued construction operation license.
2. A foreign contractor has the following obligations:
a) To establish its executive office at the location of the project after being issued with the construction operation license; and register the address, phone number, fax number, e-mail, seal, account, and tax code of the executive office. For contracts to execute urban and rural planning, formulate construction investment projects, survey construction, and design construction works, the foreign contractor is permitted to establish its executive office at the registered head office of the project owner, or not establish an executive office in Vietnam. For contracts to execute the construction and supervise the construction of works traversing multiple provinces, the foreign contractor shall establish its executive office in the locality that issued the construction operation license. The executive office shall only exist during the performance period of the contract and shall be dissolved when the contract expires. To notify the executive office of the foreign contractor using Form No. 13 provided in Appendix III to this Decree;
b) To register and cancel the seal specimen, and return the seal upon contract termination as prescribed by law. The foreign contractor shall only use this seal in works for the purpose of contract performance in Vietnam as prescribed in the construction operation license;
c) To register and pay taxes as prescribed by law of Vietnam, implement the accounting regime, open accounts, and make payments in accordance with the guidelines of the Ministry of Finance and the State Bank of Vietnam to serve business activities under the contract;
d) To recruit and use Vietnamese workers and foreign workers as prescribed by law of Vietnam on labor; and only be permitted to register to bring into Vietnam economic management experts, technical management experts, and highly skilled workers that Vietnam is incapable of providing;
dd) To implement procedures for exporting and importing supplies, machinery, and equipment related to the contract awarded in Vietnam as prescribed by law of Vietnam;
e) To perform the consortium contract signed with a Vietnamese contractor or use the Vietnamese subcontractor identified in the dossier of application for construction operation license;
g) To purchase insurance as prescribed by law of Vietnam for the works of the contractor, including: Professional liability insurance for construction investment consultancy contractors; goods and property insurance for procurement contractors; various types of insurance for construction execution contractors, and other insurance regimes as prescribed by law of Vietnam;
h) To register for quality inspection of imported supplies and equipment provided under the awarded contract;
i) To register for safety inspection of construction execution equipment and transport vehicles related to the business operations of the foreign contractor as prescribed by law of Vietnam;
k) To comply with regulations on technical regulations, standards, quality management of construction works, occupational safety, and environmental protection, as well as other relevant laws of Vietnam;
l) Upon completion of the work, the foreign contractor must compile the as-built dossier; take responsibility for warranty; account-finalize imported supplies and equipment; process surplus supplies and equipment in the construction execution contract as prescribed by export-import regulations; re-export execution supplies and equipment registered under the temporary import - re-export regime; liquidate the contract; and simultaneously notify relevant State authorities of the contract termination and the cessation of operations of the work's executive office using Form No. 12 provided in Appendix III to this Decree.
Article 49. Responsibilities of the project owner or principal contractor towards the foreign contractor
1. To only sign a bidding contract when the construction operation license issued by the competent State authority to the foreign contractor is available; to guide the foreign contractor to comply with the provisions of this Decree; and to provide information and documents related to the awarded work that the foreign contractor must declare in the dossier of application for bidding license. Management of the registration for export and import of supplies, machinery, and equipment related to contract performance shall fall under the responsibility of the foreign contractor as prescribed in this Decree.
2. To monitor the foreign contractor to strictly perform commitments in the consortium contract with a Vietnamese contractor or the use of a Vietnamese subcontractor as prescribed by the details in Article 43 of this Decree.
3. To review the capability of supplying construction execution equipment domestically prior to agreeing on the catalog of execution machinery and equipment requested for temporary import and re-export by the foreign contractor.
4. To review the capability of supplying technical labor in Vietnam prior to agreeing with the foreign contractor on the list of foreign personnel working for the contractor requesting entry into Vietnam to execute works under the contract of the foreign contractor.
5. To certify the account-finalization of imported supplies and equipment of the foreign contractor upon completion of the work.
6. To notify other contractors and authorities managing construction quality in writing about the functions and tasks of the contractor when using a foreign contractor to execute project management consultancy and construction quality supervision.
Chapter V
RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS
Article 50. The Ministry of Construction shall:
1. Organize the development, management, administration, and maintenance of the Information System on construction activities, including:
a) Developing the technical infrastructure and management software system of the Information System on construction activities;
b) Updating, supplementing, connecting, and sharing data in the Information System on construction activities;
c) Connecting other specialized databases and information systems to the Information System on construction activities; sharing data on construction activities with national database systems, specialized database systems, and other information systems;
d) Selecting, cleaning, and updating data and information in the National Database on construction activities.
2. Promulgate a roadmap for carrying out the tasks in Clause 1 of this Article.
3. Connect and provide data from the National Database on construction activities to the national data portal to serve exploitation of information by authorities, organizations, and individuals in accordance with this Decree. The connection and sharing of information must ensure the protection of state secrets and personal secrets in accordance with the Government's regulations on the management, connection, and sharing of digital data of State authorities.
4. Assume the prime responsibility for, and coordinate with the Ministry of Public Security and relevant authorities in, developing plans and solutions to respond to information safety and cybersecurity incidents for the Information System on construction activities; to develop and implement solutions to monitor the safety of the Information System on construction activities.
5. Assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Science and Technology, and relevant authorities in developing and issuing, in accordance with their competence, technical regulations on the structure of data to be exchanged, and regulations and procedures for sharing data within the scope of specialized data under their management competence.
6. Assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of Industry and Trade in, determining and unifying the open data catalog for construction investment projects and energy works falling under the list of important works related to national security.
7. Guide the implementation of this Decree; inspect the collection, provision, updating, modification, management, exploitation, and use of data and information in the Information System on construction activities; examine and supervise the issuance of construction practising certificates and the issuance of construction operation licenses.
8. Develop a scheme for collecting fees for exploiting and using information in national databases and specialized databases, and send it to the Ministry of Finance to draft normative legal documents in accordance with competence.
9. The Ministry of Construction shall promulgate guidelines for master plan identification codes, construction investment project identification codes, construction work identification codes, and identification codes for data on construction norms, construction prices, and construction price indexes; processes for inputting, updating, and modifying data and information; and decentralization of administration, exploitation, and use of data and information in the Information System on construction activities.
Article 51. The Ministry of Science and Technology shall:
1. Coordinate with the Ministry of Construction to connect the Information System on construction activities with the national data integration and sharing platform to provide data services for information systems within State authorities.
2. Coordinate with the Ministry of Construction to connect, share, and exploit data and information from the National Database on standards, metrology, and quality with the Information System on construction activities.
Article 52. The Ministry of Public Security shall:
1. Coordinate with the Ministry of Construction to determine the catalog of master data in the National Database on construction activities for synchronization to the National Data Center.
2. Coordinate with the Ministry of Construction to ensure data security and safety, prevent, detect, and handle acts of law violation related to data belonging to the National Database on construction activities in accordance with assigned functions and tasks.
3. Coordinate with the Ministry of Construction in connecting and sharing data between the National Database on construction activities and the National Data Center, as well as other national databases and specialized databases as prescribed by law on data.
4. Coordinate with the Ministry of Construction to ensure data connection and sharing between the National Database on construction activities and the national public service portal, for the purpose of resolution of administrative procedures and the provision of online public services as prescribed.
5. Coordinate with the Ministry of Construction in connecting and sharing administrative procedure dossier data pertaining to planning and construction activities on the national public service portal with the Information System on construction activities for the purpose of resolution of administrative procedures, provision of public services, and State-level governance.
Article 53. The Ministry of Finance shall:
Coordinate with the Ministry of Construction in determining expenditure levels for activities to support funding for ensuring connections and sharing; and supporting compensation for costs of creating and collecting data.
Article 54. Responsibilities of ministries, ministerial-level authorities, provincial-level and communal-level People's Committees
1. Ministries, ministerial-level authorities, provincial-level and communal-level People's Committees are responsible for directing subordinate authorities and units to input and update data under their competence into the Information System on construction activities as prescribed in this Decree; and formulating regulations on data input and update to ensure conformity with the provisions of this Decree and guidelines of the Ministry of Construction.
2. Ministries, ministerial-level authorities, provincial-level and communal-level People's Committees are responsible for sharing and connecting national databases, specialized databases, and information systems under their management with the Information System on construction activities as prescribed by law on access to information, electronic transactions, and data, and the Government's regulations on the management, connection, and sharing of digital data of State authorities, in conformity with regulations on information security and safety, ensuring national defense and security.
3. For data from State authorities’ management records that have not been digitized, standardized, or updated on the system, the Ministries managing specialized construction works are responsible for defining roadmaps for update thereof for the purpose of management.
4. The heads of authorities and units promulgating procedures as prescribed in Clause 7, Article 3 of this Decree shall be responsible for:
a) Ensuring accuracy, legality, and scheduling of input and update of data;
b) Promulgating internal regulations on powers and responsibilities of organizations and individuals assigned to manage and use accounts for inputting and updating data into the Information System on construction activities, ensuring valid and efficient enforcement in conformity with the provisions of this Decree, other law regulations prescribing procedures, and regulations of the Minister of Construction;
c) Considering, evaluating, and handling organizations and individuals based on data reports on the information system on construction activities as prescribed by the current law regulations.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 55. Transitional provisions
1. For procedures whose results have been promulgated from January 01, 2026 to the end of June 30, 2026, but data has not been fully updated into the National Database on construction activities as prescribed in the Government's Decree No. 111/2024/ND-CP dated September 06, 2024 prescribing the Information System and National Database on construction activities, the organizations promulgating procedures as prescribed in Clause 7, Article 3 of this Decree are responsible for updating data into the system at the address https://csdlhdxd.gov.vn as prescribed.
2. An individual who has submitted a dossier of application for a practising certificate prior to the effective date of this Decree shall be considered for the issuance of a certificate as prescribed in the Government’s Decree No. 175/2024/ND-CP dated December 30, 2024 detailing a number of articles of and measures to implement the Law on Construction on the management of construction activities. In cases where the dossier is eligible for a test, the individual shall be issued with the practising certificate by the competent authority in accordance with the evaluation details of the council without having to take a test.
For an individual applying for a Project Management practising certificate or a Construction Valuation practising certificate, the competent authority shall not implement the issuance of such certificates.
3. In cases where the individual has submitted a dossier and taken a test but has not passed and the reservation period remains unexpired as prescribed in Decree No. 175/2024/ND-CP at the effective date of this Decree, he/she shall implement the submission of a dossier for new issuance as prescribed in this Decree.
4. The authority competent to issue practising certificates as prescribed in Clause 1, Article 31 of this Decree shall implement the re-issuance of practising certificates previously issued by the specialized construction authority under the Ministry of Construction, or socio-professional organizations to individuals in need.
5. An individual issued with a practising certificate as prescribed by the Law on Construction 2014 prior to the effective date of this Decree shall be permitted to continue using the certificate in accordance with the field and scope of construction activities recorded on the certificate until expiration. In cases where areas have an expanded scope as prescribed in Decree No. 175/2024/ND-CP and this Decree, they shall be applied as prescribed in this Decree.
6. Socio-professional organizations recognized as eligible to issue practising certificates as prescribed in Decree No. 175/2024/ND-CP shall implement the issuance of certificates to individuals who are members, or members of member units that have submitted dossiers of application for practising certificates prior to the effective date of this Decree.
Article 56. Handling of violations, rewards, disciplines, and related responsibilities when developing and updating data into the National Database on construction activities
1. Authorities, organizations, and individuals committing acts of falsification, forgery, creation and updating of incorrect or untimely data, or other violating acts shall, based on the violating act, occurring consequences, and aggravating and mitigating circumstances as prescribed by law on handling of administrative violations, be subjected to disciplinary actions, administrative penalties, or examination for penal liability; if damage is caused, compensation must be paid as prescribed by law.
2. Administering penalties on administrative violations in creating and updating data shall be implemented as prescribed by law on handling of administrative violations in the construction sector and other relevant sectors.
3. For public investment projects, construction works belonging to public investment projects, public-private partnership investment projects, projects using recurrent expenditures from the State budget, and other State budget capital not falling under the scope of regulation of the law regulations on public investment, if the appraising authority of the investment decision-maker, the specialized construction authority, the project owner, or the person authorized by the project owner creates and updates data without correctness and sufficiency in details, sequences, and times as prescribed in this Decree and guidelines of the Ministry of Construction, they shall, depending on the severity of the violation, be handled as prescribed by law and relevant regulations.
4. Monthly, quarterly, and annual automated reports on the Information System on construction activities concerning the situation of input, creation, and updating of data shall serve as a basis for evaluating the level of task completion, rewards, and disciplines of relevant organizations and individuals when executing the provisions of this Decree.
5. The system-managing authority shall be responsible for organizing the cross-checking, post-inspection, and modification-logging of data self-declared and publicly self-disclosed by organizations and individuals; in cases where inaccurate or untruthful data is discovered, it shall request updating, correction, temporary hiding, or removal, and handle such as prescribed by law.
Article 57. Effect
1. This Decree takes effect from July 01, 2026.
2. The Government's Decree No. 111/2024/ND-CP dated September 06, 2024 prescribing the Information System and National Database on construction activities ceases to be effective from the effective date of this Decree.
3. The Information System and National Database on construction activities developed and operated as prescribed in Decree No. 111/2024/ND-CP may continue implementing until the Information System on construction activities is operated as prescribed in this Decree.
4. The following regulations cease to be effective from the effective date of this Decree:
a) Clause 1, Article 4; Clause 3, Article 10; and Clause 4, Article 45 of the Government’s Decree No. 144/2025/ND-CP dated June 12, 2025 prescribing decentralization and delegation of power in the field of State-level governance by the Ministry of Construction;
b) Point a, Point m, Point n, and Point r, Clause 1, Article 28 of the Government’s Decree No. 178/2025/ND-CP dated July 01, 2025 detailing a number of articles of the Law on Urban and Rural Planning;
c) Article 22 of the Government’s Decree No. 14/2026/ND-CP dated January 13, 2026 amending and supplementing a number of articles of the Decrees to reduce and simplify administrative procedures related to production and business operations under the management scope of the Ministry of Construction.
Article 58. Responsibilities for implementation
Ministers, Heads of ministerial-level authorities, Chairpersons of provincial-level People's Committees, Heads of authorities, political organizations, socio-political organizations, socio-political-professional organizations, and related organizations and individuals shall be responsible for implementing this Decree.
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