Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on management of construction investment projects

Conditions on construction practice certificates

On June 18, 2015, the Government issued the Decree No. 59/2015/ND-CP on management of construction investment projects, within that the important regulations is that construction practice certificates shall be granted to Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam for them to hold certain titles or perform tasks for certain title holders or work as independent practitioners as prescribed.

An individual shall be granted a construction practice certificate if he/she has full civil act capacity as prescribed by law; possessing a residence permit in Vietnam, for foreigners and overseas Vietnamese; and possesses trained qualifications and working time and experience relevant to the practice certificate applied for Class I: Possessing a bachelor’s degree in a relevant specialty and at least 7 (seven) years’ experience of work relevant to the practice certificate applied for; Class II: Possessing a bachelor’s degree in a relevant specialty and at least 5 (five) years’ experience of work relevant to the practice certificate applied for; and Class III: Possessing relevant professional qualifications and at least 3 (three) years’ experience of work relevant to the practice certificate applied for, for those who possess a bachelor’s degree; or at least 5 (five) years’ experience of work relevant to the practice certificate applied for, for those who possess a college or professional secondary school degree.

The construction practice certificate must be valid for 5 (five) years at most. When it expires, procedures shall be carried out for re-grant. Construction practice certificates already granted by competent state agencies may be further used until they expire. Conversion of these practice certificates before their expiry dates must comply with this Decree. After March 1, 2016, individuals who need to use practice certificates shall carry out the application procedures.

Foreigners or overseas Vietnamese who possess practice certificates granted by a foreign agency or organization and conduct construction activities in Vietnam for under 6 (six) months shall be allowed to practice construction activities. An individual who conducts construction activities in Vietnam for 6 (six) months or longer must have his/her construction practice certificate changed at the Ministry of Construction. The other important content is on Posting of information on capacity of organizations participating in construction activities, organizations participating in construction activities shall provide their construction capacity information to specialized construction agencies for posting on these agencies’ websites. Information about construction capacity serving as the basis for the selection of organizations and individuals participating in construction activities includes construction planning; construction investment project formulation and appraisal; construction investment project management; construction cost management of construction investment projects using state budget funds….

This Decree takes effect on August 05, 2015.