Chương IV Nghị định 59/2015/NĐ-CP: Điều kiện năng lực hoạt động xây dựng

Chapter IV

CONDITIONS OF CONSTRUCTION CAPACITY

Section 1: Conditions of construction capacity applied to individuals

Article 44. Licenses for construction practice

1. Licenses for construction practice shall be issued to any Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam in order for them to hold certain positions or practice construction as independent professionals as prescribed in Clause 3 Article 148 of the Law on Construction dated 2014.

2. Any foreigner or overseas Vietnamese who obtained the license to practice construction activities issued by a foreign agency or organization and has carried out construction activities in Vietnam for less than 6 months, he/she shall be permitted to practice construction activities. If he/she has carried out construction activities in Vietnam for at least 6 months, he/she is required to change the license for construction practice at the Ministry of Construction.

3. The license for construction practice is valid for 5 years and it shall be reissued upon its expiry.

4. The Ministry of Construction shall be in charge of management of license for construction practice nationwide, including issuance of forms of licenses for construction practice prescribed in this Decree.

5. Competence in issuance of licenses for construction practice:

a) Construction authorities affiliated to the Ministry of Construction shall issue Class I license for construction practice; and license for construction practice applied to foreigners or overseas Vietnamese;

b) Services of Construction shall issue Class II and Class III license for construction practice;

c) Socio-professional organizations satisfying conditions as prescribed may issue Class II and Class III license for construction practice to their members within their operation scope as prescribed by the Ministry of Construction.

Article 45. General requirements for issuance of construction practicing certificate

Each individual shall be issued a construction practicing certificate if he/she meets requirements below:

1. Having civil dispositive capacity as prescribed; obtaining residence permit in Vietnam if he/she is a foreigner or overseas Vietnamese.

2. Having qualifications and year’s experience in conformity with the application for certificate, in particular:

a) Class I: Obtaining a bachelor’s degree with appropriate major and year’s experience in conformity with the application for certificate that is valid for at least 7 years;

b) Class II: Obtaining a bachelor’s degree with appropriate major and year’s experience in conformity with the application for certificate that is valid for at least 5 years;

c) Class III: Obtaining a bachelor’s degree and year’s experience in conformity with the application for certificate that is valid for at least 3 years; or obtaining a college degree or junior college degree and year’s experience in conformity with the application for license that is valid for at least 5 years.

3. Passing examination in occupational experience and relevant legal knowledge.

Article 46. Construction survey practicing certificate

1. Construction survey practicing certificate shall be issued to following fields:

a) Topographical survey;

b) Geological and hydro geological survey of Works.

2. Each individual shall be issued a construction survey practicing certificate equivalent to each type of construction survey prescribed in Article 73 of the Law on Construction dated 2014 if he/she meets requirements below :

a) Class I: The person has held the position of construction survey leader in charge of at least 1 (one) project group A or 5 (five) projects group B or at least 2 (two) Class I Works or 3 (three) Class II Works that conform to his/her license / of the same type as those mentioned in his/her license;

b) Class II: The person has held the position of construction survey leader in charge of at least 2 (two) projects group B or 5 (five) projects group C or at least 2 (two) Class II Works or 3 (three) Class III Works that conform to his/her license;

c) Class III: The person has held the position of construction survey leader in charge of at least 3 (three) projects group C or at least 2 (two) Class III Works or 3 (three) class VI Works that conform to his/her license.

3. Construction survey scope:

a) Class I: Holding the position of construction survey leader in charge of all project groups, all Works that conform to his/her certificate;

b) Class II: Holding the position of construction survey leader in charge of projects group B, Works less than or equivalent to class II that conform to his/her certificate;

c) Class III: Holding the position of construction survey leader in charge of projects group C, Works less than or equivalent to class III that conform to his/her certificate.

Article 47. License for construction planning practice

1. Any individual who is issued with a license for construction planning practice must obtain at least a bachelor’s degree in architecture, planning or other majors suitable for the request of planning project and meet requirements below:

a) Class I: The person has held the position of planning leader or planning appraisal leader in charge of at least 1 (one) construction planning project of an interprovincial area, 2 (two) construction planning projects of a provincial area or 3 (three) construction planning projects of an interdistrict area or 5 (five) construction planning projects of a district area, or 5 (five) common construction planning projects of a particular area;

b) Class II: The person has held the position of planning leader or planning appraisal leader in charge of at least 1 (one) construction planning project of a provincial area, 2 (two) construction planning projects of an interdistrict area or 3 (three) construction planning projects of a district area or 3 (three) common construction planning projects of a particular area;

c) Class III: The person has held the position of planning designer or planning appraiser in charge of at least 1 (one) construction planning project of a district area, 3 (three) common construction planning projects of a particular area or 5 (five) construction planning projects of a rural area.

2. Operation scope:

a) Class I: The person has held the position of project leader or leader in a certain aspect of construction planning projects;

b) Class II: The person has held the position of project leader or leader in a certain aspect of construction planning projects of a provincial, an interdistrict, a district or a particular area with population size equivalent to urban area lower than or equivalent to class II, zoning plan and detailed planning for particular area, or rural area planning;

c) Class III: The person has held the position of project leader or leader in a certain aspect of construction planning projects a district area, zoning plan and detailed planning for particular area, or rural area planning.

Article 48. License for construction design practice, license to assess construction design

1. Licenses for construction design practice shall be issued to following fields:

a) Construction architecture design;

b) Construction interior – exterior design; scenery design;

c) Construction structure design;

d) Construction electricity – mechanics design;

dd) Water supply – drainage design;

e) Air ventilation – heat supply and dissipation design;

g) Communications network design in Works;

h) Fire safety design.

2. Each individual shall be issued a license for construction design practice if he/she meets requirements below:

a) Class I: The person has held the position of design, appraisal and assessment leader in charge of at least 2 (two) Class II Works and at least 1 (one) Class I construction work or higher that conform to his/her license.

b) Class II: The person has held the position of design, appraisal and assessment leader in charge of at least 5 (five) Class III Works and at least 1 (one) Class II construction work or higher that conform to his/her license.

c) Class III The person has held the position of designer, appraiser or design assessor in charge of at least 3 (three) Class III Works and at least 5 (five) Class IV Works that conform to his/her license.

3. Operation scope:

a) Class I: The person has held the position of design, appraisal and assessment leader of all Works that conform to his/her license; The person has held the position of leader in charge of formulation of project groups that conform to his/her license;

b) Class II: The person has held the position of design, appraisal and assessment leader of Works less than or equivalent to class II that conform to his/her license; The person has held the position of leader in charge of formulation of project group B or projects group C that conform to his/her license;

a) Class III: The person has held the position of design, appraisal and assessment leader of Class III or Class IV Works that conform to his/her license; The person has held the position of leader in charge of formulation of projects group C that conform to his/her license;

Article 49. License for construction supervision practice

1. Licenses for construction supervision practice shall be issued to following fields:

a) Construction and completion supervision;

b) Equipment installation supervision;

c) Technological equipment installation supervision;

2. Each individual shall be issued a license for construction supervision practice if he/she meets requirements below:

a) Class I: The person had held the position of direct supervisor in charge of at least 1 (two) Class I construction work or at least 2 (two) Class II Works that conform to his/her license;

b) Class II: The person had held the position of direct supervisor or design and execution leader in charge of at least 1 (one) Class II construction work or at least 2 (two) Class III Works that conform to his/her license;

c) Class III: The person had held the position of direct supervisor, designer, design appraiser or executor in charge of at least 1 (one) Class III construction work or 2 (two) Class IV Works that conform to his/her license.

3. Operation scope:

a) Class I: The person had held the position of supervision leader in charge of all project groups that conform to his/her license;

b) Class II: The person had held the position of supervision leader in charge of Works less than or equivalent to class II; or involved in some tasks of Class I Works that conform to his/her license;

c) Class III: The person had held the position of supervision leader in charge of Works less than or equivalent to class III; or involved in some tasks of Class I Works that conform to his/her license.

Article 50. License for construction inspection practice

1. Each individual shall be issued a license for construction inspection practice if he/she meets requirements below:

a) Class I: Obtaining a Class I license for construction supervision practice; a Class I certificate in construction design; holding the position of inspection or design leader or direct supervisor in charge of at least 1 (one) Class I construction work or at least 2 (two) Class II Works that conform to his/her license;

b) Class II: Obtaining a Class II license for construction supervision practice; a Class II certificate in construction design; holding the position of inspection or design leader or direct supervisor in charge of at least 1 (one) Class II construction work or at least 2 (two) Class III Works that conform to his/her license;

c) Class III: Obtaining a Class III license for construction supervision practice; a Class III certificate in construction design; holding the position of inspection or design leader or direct supervisor in charge of at least 2 (two) Class III Works or at least 3 (three) Class IV Works that conform to his/her license.

2. Operation scope:

a) Class I: The person has held the position of inspection leader in charge of all Works that conform to his/her license;

b) Class II: The person has held the position of inspection leader in charge of Works less than or equivalent to class II that conform to his/her license;

c) Class III: The person has held the position of inspection leader in charge of Class III or Class IV Works that conform to his/her license.

Article 51. License for construction safety practice

1. Each individual shall be issued a license for construction safety practice if he/she meets requirements below:

a) Class I: Holding the position of direct executor of construction or full-time occupational safety officer in charge of at least 1 (one) Class I construction work or 2 (two) Class II Works;

b) Class II: Holding the position of direct executor of construction or full-time or part-time occupational safety officer in charge of at least 1 (one) Class II construction work or 2 (two) Class III Works;

c) Class III: Holding the position of direct executor of construction or full-time or part-time occupational safety officer in charge of at least 1 (one) Class III construction work or 2 (two) Class IV Works;

2. Operation scope:

a) Class I: The person has held the position of full-time or part-time occupational safety officer in charge of all Works;

b) Class II: The person has held the position of full-time or part-time occupational safety officer in charge of Works less than or equivalent to class I;

c) Class III: The person has held the position of full-time or part-time occupational safety officer in charge of Class II or Class III Works;

Article 52. Construction valuation practicing certificate

1. Each individual obtaining a construction valuation practicing certificate shall be in charge of construction cost management as follows:

a) Determine and assess total construction investment; analyze risks and evaluate investment effectiveness;

b) Determine investment rates, construction norms, construction prices, and construction price indexes;

c) Measure construction quantity;

d) Determine and assess construction estimate;

dd) Determine contract value and contractual prices in construction activities;

e) Control construction cost;

g) Formulate and assess documents on payment or settlement of construction investment and convert construction investment after the construction is completed, transferred and put into operation.

2. Each individual shall be issued a construction valuation practicing certificate if he/she meets requirements below:

a) Class I: Participating in construction cost management or estimating total investment of at least 1 (one) project group A or 3 (three) projects group B or at least 2 (two) Class I Works or 5 (five) Class II Works;

b) Class II: Participating in construction cost management or estimating total investment of at least 1 (one) project group B or 3 (three) projects group C or at least 1 (one) Class I construction work or 3 (three) Class II Works or 10 (ten) Class III Works;

c) Class III: Participating in construction cost management of at least 1 (one) project group C or 2 (two) construction economic-technical reports or at least 2 (two) Class III Works or 10 (ten) Class IV Works.

3. Operation scope:

a) Class I: Taking charge of construction valuation consultancy regardless of project groups or construction work classifications;

b) Class II: Taking charge of construction valuation consultancy of projects group B or lower and Works less than or equivalent to class I;

c) Class III: Taking charge of construction valuation consultancy of projects group C, projects requiring construction economic-technical reports and Works less than or equivalent to class II.

Article 53. Requirements pertaining to construction site managers

1. Each individual holding the position of construction site manager must meet requirements below:

a) Class I: Obtaining a Class I license for construction practice or a Class I license for construction safety practice; holding the position of construction site manager in charge of at least 1 (one) Class I construction work or at least 2 (two) Class II Works that conform to his/her license;

b) Class II: Obtaining a Class II license for construction supervision or a Class II license for construction safety practice; holding the position of construction site manager in charge of at least 1 (one) Class II construction work or at least 2 (two) Class III Works that conform to his/her license;

c) Class III: Obtaining a Class III license for construction supervision practice or a Class III license for construction safety practice; holding the position of construction site manager in charge of at least 1 (one) Class III construction work or at least 2 (two) Class IV Works that conform to his/her license.

2. Operation scope:

a) Class I: The person has held the position of construction site manager of all construction work classifications that conform to his/her license;

b) Class II: The person has held the position of construction site manager of Works less than or equivalent to class II that conform to his/her license;

c) Class III: The person has held the position of construction site manager of Class III or Class IV Works or lower that conform to his/her license.

Article 54. Requirements pertaining to project managers

1. Any project manager of field-based PMB, area-based PMB, CPM consultancies, direct investor and single-project PMB is required to meet all requirements prescribed in this Clause.

2. The project manager must have qualifications in conformity with the project requirements, obtain a certificate in project management and meet requirements below:

a) Class I project manager: Obtaining a Class I license for design practice or a Class I license for construction supervision practice or holding the position of project manager of 1 (one) project group A or 2 (two) projects group B that conform to his/her license or holding the position of Class I construction site manager;

b) Class II project manager: Obtaining a Class II license for design practice or a Class II license for construction supervision practice or holding the position of project manager of 1 (one) project group B or 2 (two) projects group C that conform to his/her license or holding the position of Class II construction site manager;

c) Class III project manager: Obtaining a Class III license for design practice or a Class III license for construction supervision practice or holding the position of project manager of 1 (one) project group C that conform to his/her license or holding the position of class III construction site manager.

3. Operation scope:

a) Class I project manager: The person has held the position of project manager of all project groups;

b) Class II project manager: The person has held the position of project manager of projects group B and projects group C;

c) Class III project manager: The person has held the position of project manager of projects group C and projects that require only construction economic-technical reports.

Article 55. Application for construction practicing certificate

An application for construction practicing certificate includes:

1. An application form for construction practicing certificate using form as prescribed by the Ministry of Construction.

2. Copies of degrees or certificates issued by lawful organizations.

3. A declaration of professional experience in construction industry related to the field mentioned in the certificate using form prescribed by the Ministry of Construction enclosed with copies of contracts related to construction activities that he/she involved in as declared. The declarant must take responsibility for the honesty and accuracy of his/her declaration.

Article 56. Test for issuance of construction practicing certificate

1. Contents of the examination include 2 parts below:

a) Professional knowledge;

b) Legal knowledge.

2. Examination organization:

a) License-issuing agency shall establish a testing council;

b) Composition of the Council of test for issuance of the license includes: the representative of the license-issuing agency shall be President of Council and Standing member of Council; representative(s) of related occupational unions; relevant specialists that the President of Council invites;

c) The Ministry of Construction shall be in charge of management of construction practicing certificates nationwide by issuing and managing license numbers; and publicly posting list of individuals obtaining construction practicing certificates on its website.

3. The Ministry of Construction shall provide guidance on the Council of examination for issuance of license; form, time and content of examination for issuance and reissuance of construction practicing certificates.

Section 2: REQUIREMENTS FOR CONSTRUCTION CAPACITY OF ORGANIZATIONS

Article 57. General conditions applied to an organization involved in construction activities

1. Having a business registration certificate or an establishment decision issued by the competent agency as prescribed.

2. The contents of the application for issuance of the certificate of eligibility for construction activities must conform to the business registration certificate or the establishment decision issued by the competent agency as prescribed.

3. Every individual occupying key position must conclude a labor contract with the applicant for issuance of the certificate of eligibility for construction activities.

4. With regard to particular projects or Works, such as: nuclear power plants, harmful chemicals manufacturers, explosive manufacturers, the individuals occupying key positions shall participate in training courses related to the project field beside their required practice licenses.

5. The certificate of eligibility for construction activities of the organization is valid for 5 years. Within 20 days from the date on which the license changes or expires, it is required to be reissued.

Article 58. Certificate of eligibility for construction activities

1. The application for the certificate of eligibility for construction activities includes:

a) An application form for certificate of eligibility for construction activities using form as prescribed by the Ministry of Construction;

b) A copy of the business registration certificate or the establishment decision;

c) A declaration of list and professional experience enclosed with practice licenses and labor contracts of key individuals using the forms as prescribed;

d) A declaration of professional experience of the organization that includes at least 3 (three) typical latest tasks equivalent to each field used for registration;

dd) A declaration of finance capacity; machinery, equipment or computer software as required;

e) A task management process; and a quality management system equivalent to each registered field.

2. The power to issue certificates of eligibility for construction activities:

a) Construction authorities affiliated to the Ministry of Construction shall issue Class I certificates of eligibility for construction activities ;

b) Services of Construction shall issue Class II and Class III certificate of eligibility for construction activities to organizations whose head offices are located in administrative divisions under management of the Service of Construction.

3. The Ministry of Construction shall provide guidance on application; forms of practice licenses; methods and process for issuance and reissuance of certificate of eligibility for construction activities .

Article 59. Certificate of eligibility for construction survey

An organization shall be issued a certificate of eligibility for construction survey if it meets requirements below:

1. Class I:

a) There are at least 3 (three) people obtaining Class I licenses for construction survey practice appropriate to the field applying for the certificate;

b) There are at least 10 (ten) people in the quality control system of the construction survey organization who have professional competence appropriate to the filed applying for the certificate;

c) It carried out construction survey on at least 1 (one) project group A; 1 (one) Class I construction work or 2 (two) project group B or 2 (two) Class II Works or higher as mentioned in their certificate.

2. Class II:

a) There are at least 3 (three) people obtaining Class II licenses for construction survey practice appropriate to the field applying for the certificate;

b) There are at least 10 (ten) people in the quality control system of the construction survey organization who have professional competence appropriate to the filed applying for the certificate;

c) It carried out construction survey on at least 1 (one) project group B; 1 (one) Class II construction work or 2 (two) projects group C or 2 (two) Class III Works or higher as mentioned in their certificate.

3. Class III:

a) There are at least 3 (three) people obtaining Class III licenses for construction survey practice appropriate to the field applying for the certificate;

b) There are at least 5 (five) people in the quality control system of the construction survey organization who have professional competence appropriate to the filed applying for the certificate.

4. Operation scope:

a) Class I: The organization is entitled to carry out construction survey for all projects and Works classifications as mentioned in their certificate;

b) Class II: The organization is entitled to carry out construction survey for projects group B or lower or Class II Works or lower as mentioned in their certificate;

b) Class III: The organization is entitled to carry out construction survey for projects group C or lower or Class III Works or lower as mentioned in their certificate.

Article 60. Certificate of eligibility for construction planning consultancy

An organization shall be issued a certificate of eligibility for construction planning consultancy if it meets requirements below:

1. Class I:

a) There are at least 10 (ten) people obtaining Class I licenses for construction planning practice; the persons in charge of various aspects of the project must obtain Class I practice licenses that match their fields and tasks;

b) There are at least 30 (thirty) people having qualifications suitable for the construction planning that conform to their certificate;

c) The consultancy formulated at least 1 (one) construction planning project of a provincial area or 2 (two) construction planning projects of a Class I urban area or 2 (two) construction planning projects of a particular area.

2. Class II:

a) There are at least 10 (ten) people obtaining Class II licenses for construction planning practice; the persons in charge of various aspects of the project must obtain Class II practice licenses that match their fields and tasks;

b) There are at least 20 (twenty) people having qualifications suitable for the construction planning that conform to their certificate;

c) The consultancy formulated at least 1 (one) construction planning project of an interdistrict area or 2 (two) construction planning projects of a Class II urban area or 2 (two) construction planning projects of a particular area.

3. Class III:

a) There are at least 5 (ten) people obtaining Class III licenses for construction planning practice; the persons in charge of various aspects of the project must obtain Class III practice licenses that match their fields and tasks;

b) There are at least 10 (ten) people having qualifications suitable for the construction planning that conform to their certificate.

4. Operation scope:

a) Class I: The organization is entitled to formulate all types of construction planning projects;

b) Class II: The organization is entitled to formulate construction planning projects of a provincial, an interdistrict, a district, an urban area less than or equivalent to class II or a particular area of the province, detailed planning and rural area planning;

c) Class III: The organization is entitled to formulate construction planning projects of a district, an urban area less than or equivalent to class IV, a particular area of districts, detailed planning and rural area planning.

Article 61. Certificate of eligibility for construction design and construction design appraisal

An organization shall be issued a certificate of eligibility for construction design and construction design appraisal if it meets requirements below:

1. Class I:

a) There are at least 10 (ten) people obtaining Class I licenses for design practice; the persons in charge of various aspects of the project must obtain Class I practice licenses that match their fields and tasks;

b) There are at least 15 (fifteen) people in the quality control system of the construction design organization who have professional competence appropriate to the field applying for the certificate;

c) It carried out at least 1 (one) Class I construction work or 2 (two) Class II Works that conform to their certificate.

2. Class II:

a) There are at least 10 (ten) people obtaining Class II licenses for design practice; the persons in charge of various aspects of the project must obtain Class II practice licenses that match their fields and tasks;

b) There are at least 10 (ten) people in the quality control system of the construction design organization who have professional competence appropriate to the filed applying for the certificate;

c) It carried out at least 1 (one) Class II construction work or 2 (two) Class III Works that conform to their certificate.

3. Class III:

a) There are at least 5 (five) people obtaining Class III licenses for design practice; the design leaders must obtain Class III practice licenses that match their fields and tasks;

b) There are at least 5 (five) people in the quality control system of the construction design organization who have professional competence appropriate to the filed applying for the certificate.

4. Operation scope:

a) Class I: The organization is entitled to design and assess construction designs for all types of Works that conform to their certificate;

b) Class II: The organization is entitled to design and assess construction designs for Works less than or equivalent to class II that conform to their certificate;

c) Class III: The organization is entitled to design and assess construction designs for Works less than or equivalent to class III that conform to their certificate;

Article 62. Certificate of eligibility for construction project planning and appraisal

An organization shall be issued a certificate of eligibility for construction project planning and appraisal if it meets requirements below:

1. Class I:

a) There are at least 3 (three) people qualified to hold the position of the leader in charge project group A planning appropriate to the project applying for the license;

b) The persons in charge of various aspects of the project must obtain Class I practice licenses that match their fields and tasks;

c) There are at least 30 (thirty) people having qualifications suitable for the project that conform to their certificate;

d) It formulated and assessed at least 1 (one) project group A or 2 (two) projects group B that conform to their certificate.

2. Class II:

a) There are at least 3 (three) people qualified to hold the position of leader of project group B planning appropriate to the project that conform to their certificate;

b) The persons in charge of various aspects of the project must obtain Class II practice licenses that match their fields and tasks;

c) There are at least 20 (twenty) people having qualifications appropriate to the project that conform to their certificate;

d) It formulated and inspected at least 1 (one) project group B or 2 (two) projects group C that conform to their certificate.

3. Class III:

a) There are at least 3 (three) people qualified to hold the position of leader of project group C planning appropriate to the project that conform to their certificate;

b) The persons in charge of various aspects of the project must obtain Class III practice licenses that match their fields and tasks;

c) There are at least 10 (twenty) people having qualifications appropriate to the project that conform to their certificate.

4. Operation scope:

a) Class I: The organization is entitled to formulate and assess all types of projects that conform to their certificate;

b) Class II: The organization is entitled to formulate and assess projects group B or lower that conform to their certificate;

b) Class III: The organization is entitled to formulate and assess projects group C and construction economic-technical reports that conform to their certificate.

Article 63. Certificate of eligibility for project management consultancy

An organization shall be issued a license to consult on project management if it meets requirements below:

1. Class I:

a) There are at least 3 (three) people qualified to hold the positions of project group A managers;

b) The persons in charge of various aspects of the project must obtain Class I practice licenses that match their fields and tasks;

c) There are at least 20 (twenty) people in the quality control system of the consultancy organization or PMB who have professional competence appropriate to the field applying for the certificate;

d) It managed at least 1 (one) project group A or 2 (two) projects group B that conform to their license.

2. Class II:

a) There are at least 3 (three) people qualified to hold the positions of project group B managers;

b) The persons in charge of various aspects of the project must obtain Class II practice licenses that match their fields and tasks;

c) There are at least 15 (fifteen) people in the quality control system of the consultancy organization or PMB who have professional competence appropriate to the filed applying for the certificate;

d) It managed at least 1 (one) project group B or 2 (two) projects group C that conform to their certificate.

3. Class III:

a) There are at least 3 (three) people qualified to hold the positions of project group C managers that conform to their certificate;

b) The persons in charge of various aspects of the project must obtain Class III practice licenses that match their fields and tasks;

c) There are at least 10 (ten) people in the quality control system of the consultancy organization or PMB who have professional competence appropriate to the filed applying for the certificate.

4. Operation scope:

a) Class I: The organization is entitled to manage all types of projects that conform to their certificate;

b) Class II: The organization is entitled to manage projects group B or lower that conform to their certificate;

c) Class III: The organization is entitled to manage projects group C and Works that require only construction economic-technical reports.

Article 64. Requirements pertaining to the project management boards

1. Field-based PMBs or area-based PMBs affiliated to Ministries, ministerial-level agencies, People's Committees of provinces, economic groups, or state-owned general companies must meet requirements below:

a) Project managers must satisfy requirements prescribed in Clause 2 Article 54 of this Decree;

b) The persons in charge of various aspects of the project must obtain practice licenses that match the project size, construction work classifications and their fields and tasks;

c) There are at least 20 (twenty) people having qualifications suitable for the project.

2. Field-based PMBs or the area-based PMBs affiliated to People’s Committees districts must meet requirements below

a) Project managers must satisfy requirements prescribed in Clause 2 Article 54 of this Decree;

b) The persons in charge of various aspects of the project must obtain practice licenses that match the project size, construction work classifications and their fields and tasks;

c) There are at least 10 (ten) people having qualifications suitable for the project.

3. Single-project PMBs must meet requirements below:

a) Project managers must satisfy requirements prescribed in Clause 2 Article 54 of this Decree;

b) The persons in charge of various aspects of the project must obtain practice licenses that match the project size, construction work classifications and their fields and tasks;

c) There are at least 10 (ten) people having qualifications suitable for the project.

Article 65. Certificate of eligibility to execute construction

An organization shall be issued a certificate of eligibility to execute construction if it meets requirements below:

1. Class I:

a) There are at least 3 (three) people qualified to hold the positions of class I construction site managers as mentioned in their certificate;

b) The persons in charge of various aspects of the project must obtain bachelor’s degrees or vocational college degrees that match their fields and tasks and at least 3 (three) years’ experience regarding bachelor’s degrees or at least 5 (five) years regarding vocational college degrees;

c) There are at least 15 (fifteen) people in the quality control system and occupational safety management who have professional competence appropriate to the construction work types;

d) There are at least 30 (thirty) technical workers having certificates appropriate to their certificate;

dd) It is capable of mobilizing sufficient machinery and equipment meeting construction execution requirements that match their fields and tasks;

e) It acted as general contractor for at least 1 (one) Class I construction work or 2 (two) Class II Works that conform to their certificate.

2. Class II:

a) There are at least 2 (three) people qualified to hold the positions of Class II construction site managers that conform to their certificate;

b) The persons in charge of various aspects of the project must obtain college, vocational college or trade school degrees that match their fields and tasks and at least 3 (three) years’ experience;

c) There are at least 10 (ten) people in the quality control system and occupational safety management who have professional competence appropriate to the construction work type;

d) There are at least 20 (twenty) technical workers having certificates of professional training appropriate to their certificate;

dd) It acted as general contractor for at least 1 (one) Class II construction work or 2 (two) Class III Works as that conform to their certificate.

3. Class III:

a) There is at least 1 (one) person qualified to hold the position of Class III construction site manager that conform to their certificate;

b) The persons in charge of various aspects of the project must have professional competence that match their fields and tasks;

c) There are at least 5 (five) people in the quality control system and occupational safety management who have professional competence appropriate to the construction work type;

d) There are at least 5 (five) technical workers having certificates of professional training appropriate to their certificate.

4. Operation scope:

a) Class I: The organization is entitled to execute all Works classifications that conform to their certificate;

b) Class II: The organization is entitled to execute Works less than or equivalent to class II that conform to their certificate;

b) Class III: The organization is entitled to execute Works less than or equivalent to class III that conform to their certificate.

Article 66. Certificate of eligibility for construction supervision and inspection

An organization shall be issued a certificate of eligibility for construction supervision and inspection if it meets requirements below:

1. Class I: There are at least 10 (ten) people obtaining Class I licenses for construction supervision and inspection that match their fields and tasks.

2. Class II: There are at least 10 (ten) people obtaining Class II licenses for construction supervision and inspection that match their fields and tasks.

3. Class III: There are at least 5 (five) people obtaining Class III licenses for construction supervision and inspection that match their fields and tasks.

4. Operation scope:

a) Class I: The organization is entitled to supervise and appraise all construction work classes that conform to their certificate;

b) Class II: The organization is entitled to supervise and appraise Works less than or equivalent to class II that conform to their certificate;

c) Class III: The organization is entitled to supervise and appraise Works less than or equivalent to class III that conform to their certificate.

Article 67. Certificate of eligibility to construction cost management consultancy

An organization shall be issued a license to consult on construction cost management if it meets requirements below:

1. Class I:

a) There are at least 5 (five) people obtaining Class I practice licenses to evaluate construction;

b) There are at least 15 (fifteen) people having qualifications suitable for the construction cost management;

c) It managed at least 2 (two) projects group A or 5 (five) projects group B.

2. Class II:

a) There are at least 3 (three) people obtaining Class II practice licenses to evaluate construction;

b) There are at least 10 (ten) people having qualifications suitable for the construction cost management;

3. Class III:

a) There are at least 3 (three) people obtaining Class III practice licenses to evaluate construction;

b) There are at least 5 (five) people having qualifications suitable for the construction cost management.

4. Operation scope:

a) Class I: Entitled to carry out construction cost management for all types of projects;

b) Class II: Entitled to carry out construction cost management for projects group B or lower;

c) Class III: Entitled to carry out construction cost management for projects group C or projects that require only construction economic-technical reports.

Article 68. Requirements applied to organizations providing training courses in construction activities

1. The following organizations are entitled to provide training in construction activities: junior colleges or higher training institutions; institutions providing training for officials of Ministries, ministerial-level agencies; public service providers of the State; construction associations. Other circumstances shall be considered recognition by the Ministry of Construction.

An organization providing training courses in construction activities (hereinafter referred to as training organization) must satisfy requirements below:

2. Facilities serving training in construction activities:

a) Size and conveniences of classrooms are appropriate to the number of students and equipment meets requirements pertaining to teaching and learning;

b) There are labs or video tapes for presentation of construction experiments.

3. Lecturers:

a) The training organization has at least 40% lecturers on its payroll or having indefinite duration contracts over total number of lecturers involved in the training courses;

b) Qualifications: Having bachelor’s degrees suitable for their teaching major; having at least 7 (seven) years’ experience in project management, construction economic management; survey, design; construction execution; construction supervision; and study and teaching about construction major;

c) Their declarations of professional competence and experience are posted on the website of the Ministry of Construction.

4. Teaching materials:

a) Teaching materials must be printed, bound and enclosed with test paper sets of the training courses;

b) Contents of teaching materials appropriate to the frame program as prescribed by the Ministry of Construction.

5. Management of the training organization:

a) There is an organizational structure that satisfies requirements for provision of training courses, archives of student record or relevant documents;

b) There is a process for managing and controlling quality of training courses;

c) There are persons in charge of training courses who have at least 5 (five) year’s experience in provision of training courses in construction activities.

6. The Ministry of Construction shall provide guidance on regular or irregular inspection of the training organization and frame program for training courses in construction activities.

Article 69. Posting construction capacity of organizations participating in construction activities (hereinafter referred to as participating organizations)

1. Participating organizations must provide their construction capacity information to construction authorities in order to post that information on the websites of the construction authorities. Competence in receiving and posting information:

a) Construction authorities affiliated to the Ministry of Construction: Receiving and posting information of participating organizations or individuals involved in projects of national importance, projects group A or Class I Works or higher; wholly foreign-owned organizations, foreigners involved in construction activities in Vietnam; organizations under management of Ministries, ministerial-level agencies, Governmental agencies, central governments, groups, or state-owned general companies;

b) Services of Construction: Receiving and posting information of participating organizations having head offices located in administrative divisions under their management or individuals that they issue practice licenses (other than organizations or individuals prescribed in Point a of this Clause).

2. Within 30 (thirty) days from the date on which the application for posting information sent by the participating organization, the construction authority shall appraise and post information about construction capacity of the organization on their website.

3. Following information about construction capacity shall be the basis to select participating organizations or individuals:

a) Construction planning formulation;

b) Construction project formulation and assessment;

c) Construction project management; construction cost management of construction projects funded by government budget capital;

d) Construction survey;

dd) Construction design and estimate; assessment of construction design and estimate;

e) Construction experiments;

g) Construction supervision;

h) Construction execution;

i) Inspection and appraisal of construction quality.

4. The Ministry of Construction shall provide guidance on documents and process for posting information about construction capacity.

Section 3: ISSUANCE OF CONSTRUCTION OPERATING LICENSE TO FOREIGN CONTRACTORS

Article 70: Rules for management of foreign contractor operation

1. The foreign contractor is only permitted to carry out construction activities in Vietnam after receiving construction operating license issued by state agency in charge of construction.

2. The operation of the foreign contractor in Vietnam must comply with Vietnamese law and international treaties that Vietnam concluded or acceded.

Article 71. Requirements for issuance of the construction operating license

1. The foreign contractor involved in construction activities prescribed in Clause 3 Article 69 of this Decree must post information on the website of the Ministry of Construction and Service of Construction in charge.

2. If bidding packages subject to regulations of law on bidding of Vietnam, the foreign contractor must ensure that it is awarded the contract.

3. If bidding packages not subject to regulations of law on bidding of Vietnam, the foreign contractor must satisfy following conditions:

a) It is awarded the contract by the investor;

b) It is qualified to execute the contract as prescribed in law on construction.

4. The foreign contractor must set up a joint venture with a Vietnamese contractor or employ Vietnamese sub-contractors, unless the Vietnamese contractor is not qualified to execute any tasks of the bidding package. Upon the joint venture or employment of Vietnamese contractor, it is required to clarify contents, quantity and value of tasks performed by Vietnamese contractor in the joint venture or Vietnamese sub-contractors.

5. The foreign contractor must commit to comply with regulations of Vietnamese law on contract execution in Vietnam.

Article 72. Application for and competence in issuance of license for construction

1. The foreign contractor must send an application directly or by post to the agency issuing construction operating license (hereinafter referred to as issuing agency), including:

a) An application form for construction operating license (using form as prescribed by the Ministry of Construction);

b) A certified true copy of the report on bid results or the decision on lawful contract award;

c) A certified true copy of the establishment license or the Certificate of Business registration and practice license (if any) of the foreign contractor issued by its home country;

d) A report on experience in contract execution and a report on finance auditing within 3 (three) latest years (for the case prescribed in Clause 3 Article 71 of this Decree);

dd) A joint-venture contract with the Vietnamese contractor or an official contract or a rule contract with the Vietnamese sub-contractor to carry out the contract (available in the bid-envelopes);

e) A lawful power of attorney held by the person who is not the legal representative of the contractor.

2. The application form for construction operating license shall be made in Vietnamese. The foreign establishment license or the foreign business registration certificate must be consularly legalized, unless an international treaty to which Vietnam and relevant countries are signatories provides for exemption for consular legalization. If documents prescribed in Point b, c, dd and e Clause 1 of this Article are made in foreign languages, they are required to be translated into Vietnamese and the translations must be notarized or certified as prescribed in Vietnamese law.

3. Competence in issuance of construction operating licenses:

a) Construction authorities affiliated to the Ministry of Construction shall issue construction operating licenses to foreign contractor in charge of projects group A or construction projects located in at least two provinces;

b) Services of Construction shall issue construction operating licenses to foreign contractor in charge of B or projects group C of provinces.

Article 73. Time limit and fees for issuance of the construction operating license

1. The construction authority prescribed in Clause 3 Article 72 of this Decree shall verify the application for construction operating license to the foreign contractor within 20 (twenty) days, from the date on which the sufficient application prescribed in Article 72 of this Decree is received. If the application is rejected, the issuing agency must provide explanation in writing for the contractor.

2. When receiving the construction operating license, the foreign contractor must pay fees as prescribed by the Ministry of Finance.

3. The construction operating license shall be invalid in following cases:

a) The contract agreement is completed and terminated;

b) The contract is invalid due to the suspension, dissolution, bankrupt of the foreign contractor or other reasons as prescribed in Vietnamese law and law of the home country of the contractor.

Article 74: Rights and obligations of the foreign contractor

1. The foreign contractor has rights to:

a) Request the competent agency to give instructions in formulation of application for construction operating license and issues related to the contractor as prescribed in this Decree;

b) Make denunciation or complaints against violations of organizations or individuals prescribed in this Decree;

c) Request for protection of their lawful business interests in Vietnam according to their contract permit.

2. The foreign contractor has obligations to:

a) Register address, phone number, fax, email of executive office and the representative exercising the contract at agencies involved in about regulations as prescribed by the People’s Committee of the province where the project is located. If the contractor executes bidding packages of construction planning formulation, construction project formulation, construction survey or construction design, it may register above packages at another local government other than the local government where the project is located.

After registering above packages, the contractor shall send notification directly or by post to the Ministry of Construction, the Ministry of Public Security, the Ministry of Finance, the Ministry of Industry and Trade, the State bank of Vietnam, the People’s Committee of the central-affiliated city or province where the construction work is located, according to the instructions of the Ministry of Construction;

b) Register the seal of the executive office at the Service of Public security where the construction work is located. The foreign contractor may only use this seal for exercising contract in Vietnam as prescribed in its contract permit. When the contract expires, the foreign contractor must return the seal to the issuing agency;

c) Register and pay taxes as prescribed in Vietnamese law, follow accounting policies, open accounts and make payments in accordance with instructions of the Ministry of Finance and the State bank of Vietnam to serve its business;

d) Recruit employees, employment of Vietnamese and foreign labors as prescribed in Vietnamese law on labors.

The foreign contractor may only send economic management specialists, technical management specialists and skilled labors to Vietnam that Vietnam is unable to satisfy.

Each foreigner working for the foreign contractor in individual is required to comply with Vietnamese law on exit and entry, temporary or permanent residence registration and application for work permit issuance as prescribed in Vietnamese law on labors;

dd) Follow procedures for export and import of materials, machinery or equipment related to the contract award agreement in Vietnam as prescribed in Vietnamese law and instructions of the Ministry of Industry and Trade, including:

Register temporary import of materials, machinery or equipment of construction;

Register list of import of materials, fuel, * of the contract agreement;

e) Execute joint-venture contract concluded with the Vietnamese contractor or employ Vietnamese sub-contractors mentioned in the application for construction operating license;

g) Buy insurance as prescribed in Vietnamese law for contractors, including: professional liability insurance for construction consultancy contractors; cargo insurance for procurement contractors; insurance for construction execution contractors and other insurance policies as prescribed in Vietnamese law;

h) Register and inspect quality of imported materials or equipment provided by the contract agreement;

i) Register and inspect construction equipment safety and means of transport related to business activities of the foreign contractor as prescribed in Vietnamese law;

k) Conform to regulations on standards, criteria, construction quality control, occupational safety and environment protection as well as other regulations of Vietnamese law;

l) Follow reporting policies prescribed in the construction operating license;

m) When the construction work is completed, the foreign contractor must formulate the as-built documents; take responsibility for warranty; make statement of exported materials; handle remaining materials in the construction contract as prescribed in regulations of law on import and export; re-export materials registered temporary import – re-export; and complete the contract. Concurrently, the foreign contractor shall send notification of the contract termination and shutdown of the executive office to the competent agencies.

Article 75. Responsibility of the investor or the project owner to the foreign contractor

The investor or the project owner has responsibility to:

1. Conclude the contract agreement with the foreign contractor only when the foreign contractor has been issued the construction operating license; instruct the foreign contractor to comply with this Decree and relevant law provisions; support the foreign contractor in preparation of documents related to the construction work that the foreign contractor declares in the application for contract permit issuance and relevant procedures as prescribed in Vietnamese law. Register export or import of materials, machinery or equipment related to the contract execution in company with the foreign contractor as prescribed herewith.

2. Supervise the foreign contractor executing the joint-venture contract with the Vietnamese contract or employment of Vietnamese sub-contractors as prescribed in Article 71 of this Decree.

3. Consider the capacity of domestic construction equipment supply of the foreign contractor before making a list of construction machinery, equipment that applies for temporary import – re-export.

4. Consider capacity of technical labor supply in Vietnam of the foreign contractor before making a list of foreigner staff working for the contractor before they apply for entering Vietnam.

5. Certify the statement of imported materials of the foreign contractor upon the construction completion.

6. Send notification of functions and tasks of the foreign contractor carrying out project management consultancy and supervising construction quality on behalf of the investor or the project owner to other contractors and agencies in charge of construction quality management.

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