Chương VIII Luật Xây dựng 2014: Điều kiện năng lực hoạt động xây dựng

Chapter VIII

CONSTRUCTION OPERATION CAPABILITY CONDITIONS

Article 148. General provisions on capability condition of organizations and individuals engaged in construction activities

1. Individuals conducting construction activities must have diplomas and training certificates relevant to their construction jobs granted by lawful training institutions.

2. Contractors being foreign organizations and individuals conducting construction activities in Vietnam shall comply with the law on bidding and must possess operation licenses granted by state management agencies in charge of construction.

3. Holders of titles and individuals independently practicing construction activities who are required to possess practice certificates include labor safety supervisor; project manager, individual personally participating in project management; construction planning design manager; construction survey manager; construction design or design verification manager; site chief commander; construction supervisor; construction appraiser; and construction valuator. Practice certificates shall be classified into class I, class II and class III.

4. Organization conducting construction activities shall be classified into class I, class II and class III and assessed and granted capability certificates by competent state agencies. The Ministry of Construction shall grant class-I capability certificates; provincial-level Construction Departments shall grant class-II and class-III capability certificates. Organizations conducting construction activities shall register appropriate business lines in accordance with law.

5. The Government shall detail capability conditions for organizations and individuals conducting construction activities; conditions, competence, order and procedures for licensing operations of contractors being foreign organizations and individuals; program, contents, forms of holding tests to grant practice certificates and capability certificates of organizations, and conditions on professional construction training and retraining institutions.

Article 149. Construction practice certificates

1. Construction practice certificate is a document certifying practice capability granted by a competent agency to individuals prescribed in Clause 3, Article 148 of this Law who have adequate professional qualifications relevant to and experiences about the field of practice.

2. To be granted a construction practice certificate, an individual must meet the following conditions:

a/ Possessing professional qualifications relevant to the content of application for a practice certificate;

b/ Having a working period and experience relevant to the content of application for a practice certificate;

c/ Having passed a test on professional experience and legal knowledge related to the field of practice.

3. The competence to hold tests and grant construction practice certificates is prescribed as follows:

a/ Specialized agencies of the Ministry of Construction are competent to hold tests and grant class-I construction practice certificates;

b/ Provincial-level Construction Departments and socio-professional organizations that have all the conditions prescribed by the Government are competent to hold tests and grant construction practice certificates of the remaining classes.

Article 150. Conditions on construction planning designing organizations

1. Having full relevant capability conditions for making construction planning designs.

2. Individuals holding the title of construction plan design manager must possess practice and capability certificates relevant to each type of construction plan.

Article 151. Conditions on organizations formulating and verifying construction investment projects

1. Having full construction capability conditions suitable to the formulation or verification of construction investment projects.

2. Individuals holding the title of project formulation or verification manager; individuals participating in project formulation or verification must have practice capabilities relevant to each type of construction investment project. Participants must have full project formulation practice capabilities meeting requirements of construction investment projects.

Article 152. Conditions on construction investment project management consultancy organizations and construction investment project management units

1. Construction investment project management consultancy organizations must meet the following conditions:

a/ Having full construction capability conditions suitable to project management work according to sizes and types of projects;

b/ Individuals holding the title of project manager, individuals personally participating in project management must have relevant qualifications, training certificates, working experiences and practice certificates relevant to sizes and types of projects.

2. Construction investment project management units must meet the following conditions:

a/ Possessing the establishment decision issued by a competent agency or organization, for specialized construction investment project management units and regional construction investment project management units or project owners for project management units they have established;

b/ Having full construction capability conditions suitable to project management work according to sizes and types of project;

c/ Having an organizational structure meeting project management requirements; having a fixed working office;

d/ Individuals holding the title of project manager, individuals personally participating in project management must possess relevant qualifications, training certificates, working experiences and practice certificates relevant to sizes and types of projects.

Article 153. Conditions on construction survey organizations

1. Possessing adequate construction survey capabilities.

2. For every construction survey task, there must be a construction survey manager appointed by the construction survey contractor. A construction survey manager must have full construction survey capabilities and relevant practice certificates. Individuals participating in each construction survey job must have qualifications relevant to the assigned job.

3. Machinery and equipment serving construction survey must meet quality requirements and ensure safety for survey and environmental protection activities.

4. Laboratories serving construction survey must satisfy prescribed standards and shall be accredited by competent state management agencies.

Article 154. Conditions on construction designing and design-verifying organizations

1. Having full capability conditions for work construction designing and verifying work construction designs.

2. Individuals holding the title of design manager must have construction designing practice capabilities and practice certificates relevant to requirements of each type and grade of work.

Article 155. Conditions on construction supervision and testing consultancy organizations

1. Having full capability conditions suitable to construction supervision and testing.

2. Individuals engaged in construction supervision and testing consultancy must possess practice certificates relevant to performed jobs.

Article 156. Conditions on construction investment cost management consultancy organizations

1. Having full capability conditions suitable to construction investment cost management.

2. Individuals in charge of estimating, verifying and managing construction investment costs must possess construction valuation practice certificates.

Article 157. Conditions on work construction organizations

1. Having full work construction capabilities corresponding to types and grades of construction works.

2. Site chief commanders must possess construction practice capabilities and relevant practice certificates.

3. Having construction equipment meeting requirements on construction safety and quality.

Article 158. Conditions on independent practitioners

Individuals independently practicing construction plan designing, construction survey, work construction designing, construction survey supervision, work construction supervision or construction valuation must meet the following conditions:

1. Having registered operations in the fields relevant to the practicing content;

2. Possessing practice and capability certificates relevant to performed jobs.

Article 159. Management and supervision of construction capabilities

1. Organizations engaged in construction activities shall register information about their construction capabilities with the Ministry of Construction and provincial-level Construction Departments of localities where their head offices are located.

2. Independent construction practitioners shall register information about their practice capabilities with provincial-level Construction Departments of localities where they permanently reside.

3. The Ministry of Construction and provincial-level Construction Departments shall guide the registration of information about construction capabilities of organizations and practice capabilities of individuals on the websites under their respective management; examine and handle violations in the observance of regulations on capability conditions by project owners, organizations and individuals engaged in construction activities.

4. Project owners shall examine and asses the declaration of construction capabilities and practice capabilities of bidders against requirements of bidding packages and information about construction capabilities registered under this Article.