Chứng chỉ xây dựng là gì? Chứng chỉ năng lực xây dựng có bắt buộc không?

What is a Construction Competency Certificate? Is a Construction Competency Certificate compulsory? Is a Certificate of Competency in Construction Necessary? Regulations on conditions and procedures for construction capacity certificates?

Construction is one of the professions that play a very important role in human life and the development of the economy. Therefore, in order to manage construction activities as well as arising related issues, our country’s law has regulated the types of competency certificates when operating in the construction field. So what are the regulations on construction competency certificates? Is a Construction Competency Certificate required?

Legal advice on construction capacity certificates:

Legal grounds:

  • Decree 59/2015/ND-CP on construction investment project management;
  • Decree 100/2018/ND-CP amending, supplementing and abolishing a number of regulations on business investment conditions in the fields of State management of the Ministry of Construction;
  • Decree No. 42/2017/ND-CP amending and supplementing a number of articles Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on construction investment project management;

Construction competency certificate is understood as an abbreviated capacity assessment of the Ministry of Construction, Department of Construction for units and organizations participating in construction activities, and is the condition and competence of such organizations. organizations participating in construction activities in the territory of Vietnam. According to regulations, the Construction Competency Certificate will include the following contents:

1. Organizations participating in which fields must have a certificate of capacity for construction activities?

+ Class I: To carry out construction survey of all projects and work levels of the same type;

+ Class II: To carry out construction survey of projects up to group B, works up to grade II of the same type;

+ Class III: To carry out construction survey of projects up to group C, works up to grade III of the same category;

  • Construction planning;

+ Class I: To make all kinds of construction planning projects;

+ Class II: Being allowed to make construction planning projects of provincial, inter-district and district regions, urban construction general planning of grade II or lower, planning of specific functional areas at provincial level, detailed construction planning rural construction and planning;

+ Class III: Being allowed to make construction planning projects in district areas, urban construction general plannings of grade IV or below, district-level specific-function zone plannings, detailed construction plannings and agricultural construction plannings village.

see more: Conditions and procedures for granting 1st, 2nd and 3rd class construction capacity certificates

  • Design and verify the construction design of works;

+ Class I: Being allowed to design and verify the design of works of the same grade;

+ Class II: Being permitted to design and verify the design of works of the same grade II or lower;

+ Class III: Being permitted to design and verify the design of works of the same grade III or lower;

  • Formulate and verify construction investment projects;

+ Class I: Being allowed to formulate and verify projects of the same type;

+ Class II: Being allowed to prepare and verify group B projects of the same type or less;

+ Class III: Being allowed to prepare and verify group C projects and construction investment economic-technical reports of the same type;

  • Project management consultancy;
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+ Class I: Being able to manage projects of the same type;

+ Class II: Being allowed to manage group B projects of the same type or less;

see more: What are the areas for granting construction competency certificates? How to look up?

+ Class III: Being allowed to manage group C projects and works that only require the preparation of economic – technical reports on construction investment

  • Construction works;

+ Grade I: Being permitted to construct all grades of works of the same type;

+ Class II: Being permitted to construct works of grade II or below of the same type;

+ Class III: Being permitted to construct works of grade III or below of the same type.

  • Construction supervision and construction inspection;

+ Class I: Having construction supervision, construction inspection of all grades of works of the same type;

+ Class II: The person is permitted to supervise the construction, inspect the construction of works of grade II or below of the same type;

+ Class III: The person is permitted to supervise and inspect the construction of works of grade III or below of the same type.

  • Management of construction investment costs;

+ Class I: To perform jobs related to construction investment cost management for all projects;

+ Class II: To perform jobs related to construction investment cost management for projects of group B or below;

+ Class III: To perform jobs related to construction investment cost management for group C projects and projects that only require the preparation of economic – technical reports on construction investment.

2. General conditions for being granted a construction operation capacity certificate:

  • Having a business registration certificate or establishment decision of a competent agency in accordance with the law;
  • Individuals holding key positions must have a labor contract with the organization applying for the certificate of capacity for construction activities;

– For projects and works with specific characteristics such as: nuclear power plants, factories producing toxic chemicals, producing explosives, individuals holding key positions are not required to must have a practicing certificate corresponding to the type of work performed, and must also receive professional training in the specific field of the project.

Third, the validity of the operational capacity certificate

The certificate of capacity for construction activities is valid for a maximum period of 5 years. Organizations must carry out procedures for re-issuance when the capacity certificate expires or when there is a need. In case there is a change in the contents of the capacity certificate, the procedures for re-issuance must be carried out within 20 days from the date of change.

– The Ministry of Construction shall uniformly manage the construction capacity certificate nationwide through the issuance and management of construction capacity certificate codes; publicize the list of organizations that have been granted construction activity certificates on their websites.

3. Dossier of application for a capacity certificate:

  • An application form for a certificate of capacity for construction activities, made according to the form prescribed by the Ministry of Construction;
  • A copy of the business registration certificate or the decision to establish the organization;
  • A declaration of the list, experiences, practice certificates, and labor contracts of key individuals, according to the form;
  • A declaration according to the form of the organization’s experience of at least 3 (three) typical jobs in the latest time for each field related to the registered content;
  • Declaration of financial capacity; computer machines, equipment and software as required for each registered field;
  • Work performance management process; quality management system corresponding to each registered field.
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4. Authority to issue construction certificates:

  • A specialized agency under the Ministry of Construction shall issue a Class I certificate of capacity for construction activities;
  • The Department of Construction shall issue Class II and Class III certificates of capacity for construction activities to organizations whose head office is located in the administrative areas under their management.

In case an organization applies for the issuance of a construction capability certificate with different grades, the highest-class certification-issuing agency will issue a certificate of competency to that organization. The Ministry of Construction uniformly manages construction capacity certificates nationwide through the issuance and management of construction capacity certificate codes.

5. Time and validity of competency certificates:

  • The certificate of capacity for construction activities is valid for a maximum period of 10 years. The organization must carry out procedures for re-issuance of the certificate of competence or when there is a need.
  • In case there is a change in the contents of the capacity certificate, the procedures for re-issuance must be carried out within 20 days from the date of change.

6. Scope of operation of construction capacity certificates:

  • Certificate of Construction Competency Grade I: yes construction supervision of construction works all levels of the same type are recorded in the certificate of competence;
  • Class II construction capacity certificate: To supervise the construction of works of grade II or below of the same type as stated in the capacity certificate.
  • Class III construction capacity certificate: To supervise the construction of works of grade III or below of the same type as stated in the capacity certificate.

7. Classification of construction investment projects:

  • Construction investment projects are classified according to the size, nature and type of main works of the project. Projects according to the criteria prescribed by the law on public investment, including: Nationally important projects, group A projects, group B projects and group C projects.

Construction investment project Just request to make an economic – technical report on construction investment including:

+ Construction works used for religious purposes;

+ New construction, repair, renovation or upgrading works with a total investment of less than 15 billion VND (excluding land use fees).

  • Construction investment projects are classified by type of capital used, including: projects using state budget capital, projects using non-budget state capital and projects using other capital.

8. Construction investment order:

  • Project preparation phase includes the following tasks: Organization of preparation, appraisal and approval of the pre-feasibility study report (if any); elaborating, appraising and approving the feasibility study report or the economic – technical report on construction investment to consider and decide on construction investment and perform other necessary works related to project preparation. judgment;
  • The project implementation phase includes the following tasks: Land allocation or land lease (if any); preparation of construction sites, demining (if any); Construction survey; elaboration, appraisal and approval of construction designs and estimates; granting construction permits (for works as prescribed, a construction permit is required); organize the selection of contractors and sign construction contracts; Construction works; supervision of construction; advance, payment of completed volume; pre-acceptance test of completed construction works; hand over the completed works and put them into use; operate, test run and perform other necessary jobs;
  • The phase of finishing construction and putting the project’s works into operation and use includes the following tasks: Finalization of construction contracts, warranty of construction works.
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Depending on the specific conditions and technical requirements of the project, the investment decider shall decide the sequence of sequential or simultaneous implementation of the above-said work items.

Design drawings that have been appraised and stamped are returned to the investor, and the investor is responsible for archiving them in accordance with the law on archiving. The investor is responsible for promptly responding to the request of the specialized construction agency when it is necessary to consider this archived file. The investor shall submit the file (file) of drawings and cost estimates or a photo file (edited according to the appraisal results) to a specialized agency as prescribed in Clause 13, Article 3 of the Law on Construction 2014 on construction. to manage.

9. Is Construction Competency Certificate Compulsory?

Construction competency certificates are only required for some fields as follows:

  • Construction survey;
  • Construction planning;
  • Design and verify the construction design of works;
  • Formulate and verify construction investment projects;
  • Project management consultancy;
  • Construction works;
  • Supervision of construction;
  • Construction inspection;
  • Construction investment cost management.

Therefore, for other fields, it is not mandatory. It can be seen that these are fields that require high professional and technical qualifications, so it is necessary to have a certificate of construction competence. Having a construction competency certificate not only helps investors feel secure, but also gives individuals and organizations the opportunity to work in these fields. Thus, according to the content presented above, it can be understood that individuals and organizations participating in construction activities must have a construction competency certificate to be eligible for construction activities nationwide according to the content regulations are written on the construction capacity certificate.

The above is the content of advice from Duong Gia Law on regulations on construction competency certificates, is construction competency certificate mandatory? If you have any questions, please contact us for specific answers.

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