Thông tư 12/2009/TT-BXD

CIRCULAR

DETAILING THE ISSUANCE OF CONSTRUCTION PRACTICE CERTIFICATES

Pursuant to the Government s Decree No. 17/2008/ND-CP of April 2, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on the management of work construction investment projects;
The Ministry of Construction details the issuance of construction practice certificates as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Persons to be issued construction practice certificates

1. Architect profession practice certificates, construction engineer profession practice certificates and construction supervision practice certificates (below collectively referred to as construction practice certificates) may be issued to Vietnamese citizens, overseas Vietnamese and foreigners lawfully conducting construction activities in Vietnam who apply for those certificates and satisfy all capability conditions in the domains they register for practice as specified in Articles 38, 39 and 40 of the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on the management of work construction investment projects (below referred to as Decree 12/CP).

2. Foreigners or overseas Vietnamese who already possess practice certificates issued by foreign agencies or organizations and remaining effective may have these certificates recognized for practice. When practicing their professions in Vietnam, these individuals shall send lawfully authenticated Vietnamese translations of these practice certificates to provincial-level Construction Departments of localities where they operate for information and management.

3. Civil servants performing state administration jobs will not be issued construction practice certificates.

Article 2. Construction practice certificates

1. Construction practice certificates shall be uniformly issued by the Ministry of Construction. Such a certificate has a hard cover of 85 mm x 125 mm in size. It shall be made according to a form provided in Appendix 3 A, 3B or 3C to this Circular (not printed herein), and has its color specified below:

a/ Blue, for architect profession practice certificates;

b/ Brown, for engineer profession practice certificates;

c/ For construction supervision practice certificates:

Red, for certificates issued to holders of university degree;

Pink, for certificates issued to holders of collegial and intermediate degrees.

2. Method of numbering a construction practice certificate:

a/ A certificate number comprises 3 sets of signs as follows:

- The first set of signs is based on the kind of certificate (i.e., KTS, for architect profession practice certificates; KS, for engineer profession practice certificates; GS1, for construction supervision practice certificates in red; and GS2, for construction supervision practice certificates in pink);

- The second set of signs is the telephone code of the locality (province or centrally run city);

- The third set of signs is the 5-digit serial number of the certificate.

The three sets are linked by hyphens (-).

For example: For an individual, the Hanoi Construction Department will issue an architect profession practice certificate No. KTS-04-00001.

b/ Signs of a re-issued certificate:

For re-issued practice certificates, the third set of signs will be followed by letter A (B or C) denoting the first (second or third) re-issuance.

For example: An individual who has been issued an architect profession practice certificate by the Hanoi Construction Department now applies for the re-issuance of such certificate because it is lost, torn or crumpled. Upon expiration of the use duration or the time limit for first revocation, the re-issued practice certificate is numbered KTS-04-00001-A.

3. A construction practice certificate comprises:

a/ Information on personal identification of the certificate holder;

b/ Trained professional qualifications;

c/ Domain and scope of practice;

d/ Validity duration of the certificate;

e/ Other instructions.

4. Competence to issue construction practice certificates:

Directors of provincial-level Construction Departments shall issue construction practice certificates and manage construction practice activities in their localities under Decree 12/CP, this Circular and other relevant laws.

5. A construction practice certificate is valid for 5 years. When it expires, procedures for its re-issuance shall be carried out.

Article 3. Advisory councils considering the issuance of construction practice certificates

I. Advisory councils considering the issuance of construction practice certificates (below referred to as advisory councils) shall be established under decisions of directors of provincial-level Construction Departments to assist the latter in considering the issuance of these certificates. Specifically:

a/ Depending on the kind of dossier of application for a construction practice certificate and local situation, the director of the provincial-level Construction Department shall decide on the appropriate composition, organizational structure and number of members of an advisory council, with a leader of the Department as its chairman and a civil servant of the Department as a standing member.

b/ The advisory council's members must have professional qualifications and experience and prestige, who act as representatives of provincial-level Departments related to construction (such as Agriculture and Rural Development Department, Transport Department, Industry and Trade Department or Construction Department) and are recommended by central or local professional associations to directors of provincial-level Construction Departments for consideration and decision.

2. An advisory council has a term of office of 3 years.

3. An advisory council shall operate under the Regulation promulgated under a decision of the director of the provincial-level Department under the guidance in Appendix 4 to this Circular (not printed herein).

Article 4. Determination of working seniority for considering the issuance of construction practice certificates

1. Working seniority is a duration counting from the date an applicant for a construction practice certificate is officially engaged in construction activities in the domain he/she registers for practice.

2. For individuals engaged in construction activities after graduation from universities for a duration not long enough as prescribed who previously obtained collegial or intermediate diplomas and participated in designing, construction or construction supervision for a certain period, such period will be regarded as a working period for considering the issuance of construction practice certificates.

Article 5. Rights and obligations of construction practice certificate applicants

Construction practice certificate applicants have the following rights and obligations:

1. Rights:

a/ To request supply of information on the issuance of practice certificates;

b/ To practice their professions nationwide in accordance with law;

c/ To lodge complaints and denunciations about violations of Decree 12/CP and this Circular;

2. Obligations:

a/ To truthfully declare in dossiers of application for practice certificates in accordance with this Circular; take responsibility before law for the accuracy of dossiers; and pay prescribed fees;

b/ To practice their professions strictly according to the issued practice certificates, undertake and perform construction jobs indicated in their certificates, and observe the construction law and other relevant laws;

c/ Neither to lease nor lend their certificates or allow others to use them for professional practice;

d/ Neither to erase nor modify their certificates without permission;

e/ Not to breach professional ethics;

f/ Produce their certificates to, and comply with inspection or examination requests of, competent agencies.

Chapter II

ISSUANCE OF CONSTRUCTION PRACTICE CERTIFICATES

Section I. ORGANIZATION OF ISSUANCE OF CONSTRUCTION PRACTICE CERTIFICATES

Article 6. Conditions for issuance of construction practice certificates

To be issued construction practice certificates, applicants must satisfy the following conditions:

1. General conditions:

a/ Having civic rights and full civil act capacity as provided for by law; having permits for residence in Vietnam under law, for foreigners and overseas Vietnamese;

b/ Possessing professional ethics and submitting certificate application dossiers as specified in Article 7 of this Circular, and having paid fees under regulations.

2. Conditions for issuance of architect profession practice certificates:

a/ Satisfying the conditions specified in Clause 1 of this Article;

b/ Possessing a university or higher-degree diploma in architecture or construction planning, issued by a lawful Vietnamese or foreign training institution;

c/ Having at least 5 years' experience in designing and having participated in architectural designing of at least 5 works or 5 construction plans already approved;

3. Conditions for issuance of engineer profession practice certificates:

a/ Satisfying the conditions specified in Clause 1 of this Article;

b/ Possessing a university or higher-degree diploma in a discipline relevant to the domain registered for practice, issued by a lawful Vietnamese or foreign training institution;

c/ Having at least 5 years' experience in the domain registered for practice and having participated in designing or surveying at least 5 works;

4. Conditions for issuance of construction supervision practice certificates:

a/ Satisfying the conditions specified in Clause 1 of this Article;

b/ Possessing a university or higher-degree diploma (for practice certificates in red), or a collegial or intermediate diploma (for practice certificates in pink) in a discipline relevant to the domain registered for practice, issued by a lawful Vietnamese or foreign training institution;

c/ Having personally participated in designing or construction for at least 3 years or having participated in designing or construction of at least 5 works already tested before take-over;

d/ Having supervised construction for at least 3 years (applicable to cases prior to the effective date of the Construction Law);

e/ Possessing construction supervision certificates suitable to the kinds of works for which applicants apply for certificates, issued by the Construction Ministry-accredited training institutions.

Article 7. Dossiers of application for construction practice certificates

A dossier of application for a construction practice certificate comprises:

1. Application for a practice certificate, made according to a form provided in Appendix 1 to this Circular (not printed herein).

2. Copies of diplomas and certificates relevant to the domain registered for practice. A copy of the construction supervision certificate, in case of application for a construction supervision practice certificate.

3. Declaration of construction experience relevant to the domain registered for practice, made according to a form provided in Appendix 2 to this Circular (not printed herein). Such declaration must be certified by the applicant-managing agency or organization or a professional association (if the applicant is a member of this association). The certifier shall take responsibility for the certification truthfulness.

Article 8. Order of and procedures for issuance of construction practice certificates

1. A practice certificate applicant shall send 2 dossier sets (enclosed with two 3 cm x 4 cm color photos taken within the year of application) specified in Article 7 to the provincial-level Construction Department to which he/she applies for a certificate.

2. Within 5 working days after receiving the dossiers, the provincial-level Construction Department shall examine the dossiers and request the supplementation of dossiers that are incomplete or invalid; and transfer them to the advisory council for examination.

3. Within 30 working days after receiving complete and valid dossiers, the provincial-level Construction Department shall consider the issuance of construction practice certificates under regulations.

4. The director of the provincial-level Construction Department shall decide to issue construction practice certificates to eligible applicants under regulations.

5. The fee for issuance of construction practice certificates (even the case of re-issuance of certificates or addition of practice activities) shall be collected and used under the Finance Ministry's regulations.

Article 9. Re-issuance or supplementation of construction practice certificates

1. A construction practice certificate shall be re-issued or supplemented in the following cases:

a/ The old certificate has expired;

b/ Practice activities arc added;

c/ The old certificate is torn or crumpled;

d/ The certificate is lost;

e/ The certificate is revoked by a competent agency and the revocation duration has expired.

2. Conditions for an applicant to be re-issued a construction practice certificate:

a/ Submitting an application for the certificate re-issuance to the provincial-level Construction Department which has issued the old certificate;

b/ Submitting the old certificate (in case the old certificate is torn or crumpled; practice activities are supplemented; or the old certificate has expired);

c/ Submitting copies of diplomas and certificates and the declaration of experience relevant to to-be-supplemented practice activities (in case of supplementation of practice activities);

d/ Not violating construction regulations and relevant laws.

3. The time limit for considering the re-issuance or supplementation of a construction practice certificate is the same as for the issuance of a new certificate. Provincial-level Construction Departments shall consider the re- issuance of certificates to eligible persons under regulations.

In case of re-issuance of certificates because old certificates are lost, torn or crumpled, directors of provincial-level Construction Departments shall consider the case and decide to re-issue certificates without having to consult advisory councils.

4. Details and validity duration of a re-issued certificate are specified as follows:

a/ The details and validity duration of a re-issued certificate are the same as those of the old certificate, in case the certificate is lost, torn or crumpled.

b/ The practice contents of a re-issued certificate will be added with new practice activities to be carried out within the validity duration of the old certificate, in case of application for the supplementation of practice activities.

c/ In case the old certificate has expired, the re-issued certificate will have details and validity duration as prescribed in the case of issuance of a new certificate.

Section II. GUIDANCE ON THE ISSUANCE OF CONSTRUCTION PRACTICE CERTIFICATES

Article 10. Construction practice domains

Based on professional qualifications and construction experience of applicants, practice certificates shall be issued in the following domains:

1. Architect profession practice domains, including:

a/ Construction planning designing;

b/Architectural designing;

c/ Interior and exterior designing.

2. Construction engineer practice domains, including:

a/ Construction survey, covering:

- Topographical survey;

- Geological survey;

- Hydrogeological survey.

b/ Construction designing, covering the following major disciplines:

- Structural designing;

- Electrical designing;

- Electro-engineering designing;

- Water supply-drainage designing;

- Thermo-supply designing;

- Ventilation and air-conditioning designing;

- Designing of information and communica-tion networks within construction works;

- Fire prevention and fighting designing;

- Designing for other disciplines.

3. Construction supervision domains:

a/ Construction survey supervision, covering:

- Supervision of geological survey;

- Supervision of hydrogeological survey.

b/ Construction and completion supervision;

c/ Supervision of installation of equipment for works;

d/ Supervision of installation of technological equipment.

Article 11. Details to be considered for issuance of construction practice certificates

Construction activities permitted for practice shall be considered by the advisory council on the principle that, for individuals trained in similar disciplines, practice activities shall be considered mainly based on construction experience of these individuals. Specifically:

1. Architect profession practice certificates:

Architect profession practice certificates may be issued to individuals holding a university degree in engineering architecture or construction planning. Activities to be permitted for practice are not necessarily based on disciplines in which these individuals have been trained but mainly on working seniority and experience they have in engineering architectural designing, construction planning designing or interior-exterior designing. Individuals who have sufficient working seniority and experience in architectural designing, interior-exterior designing or construction planning designing under regulations may be permitted to operate in one or all of these domains.

For example: A university graduate in engineering architecture who has 5 years' experience in architectural designing, has participated in architectural designing or interior-exterior designing of 5 works, has 5 years' experience in construction planning designing, and has participated in designing 5 construction plans may be issued an architect profession practice certificate covering architectural designing, interior-exterior designing and construction planning designing.

2. Engineer profession practice certificates:

Engineer profession practice certificates may be issued to individuals holding a university degree in disciplines relevant to construction survey and construction work designing. Activities permitted for practice are specified as follows:

a/ For individuals holding a university degree in engineering geology survey and hydrogeology survey: Activities permitted for practice are not necessarily based on the survey discipline in which these individuals have been trained but mainly on their working seniority and experience in surveys in order to issue practice certificates.

For example: A university graduate in geological survey who has 5 years' experience in topographical survey and has participated in topographical survey of 5 works may be issued an engineer profession practice certificate covering topographical survey of construction works.

b/ Individuals possessing university diplomas in construction disciplines or collegial or intermediate degree in construction survey who have 5 years' experience in topographical survey and have participated in topographical survey of 5 works may be issued engineer profession practice certificates covering topographical survey within work construction investment projects.

c/ Individuals holding a university degree in construction (civil and industrial construction, transport construction or irrigation construction): Activities permitted for practice are not necessarily based on the construction discipline in which these individuals have been trained but mainly on their working seniority and experience in designing civil, industrial, transport or irrigation works.

For example: A university graduate in irrigation construction who has at least 5 years' experience in designing civil works and has participated in designing at least 5 civil works may be issued an engineer profession practice certificate covering the designing of civil works.

d/ Individuals holding a university degree in other disciplines relevant to designing (such as water supply and drainage; mechano-electricity; thermo-supply; ventilation; air conditioning; information and communication; fire prevention and fighting): Activities to be permitted for practice must suit their trained disciplines and be based on their working seniority and experience in designing.

For example: A university graduate in mechanical engineering or electricity may only be issued an engineer profession practice certificate covering engineering mechano-electric designing if he/she has at least 5 years' designing experience in this domain and has performed at least 5 works.

3. Construction supervision practice certificates:

a/ Individuals holding a university degree in a construction discipline (civil and industrial construction, transport construction or irrigation construction) who have at least 3 years' experience in designing or construction (or in construction supervision prior to the effective date of the Construction Law) or have participated in the designing and construction of 5 works already tested and accepted may practice supervision of "construction and completion" of works of those kinds.

For example: A university graduate in civil and industrial construction who has at least 3 years' experience in designing or construction of irrigation works or has participated in the designing or construction of 5 irrigation works already tested and accepted may be issued a construction supervision practice certificate covering the supervision of "construction and completion" of irrigation works.

b/ For supervision practice domains "installation of equipment for works" and "installation of technological equipment", only individuals already trained in relevant disciplines (such as electricity, mechanical engineering, thermo-supply, ventilation, air conditioning, information and communication, fire prevention and fighting) who have at least 3 years' experience in designing and construction (or in construction supervision prior to the effective date of the Construction Law) of jobs in these disciplines may be issued practice certificates covering supervision of either ' or both of "installation of equipment for works" and "installation of technological equipment" if they have sufficient working seniority and experience prescribed for each domain.

c/ Construction supervision practice certificates issued to individuals holding collegial and intermediate degrees are in pink. The scope of practice covers supervision of grade-IV works. Details to be indicated in these practice certificates are similar to those guided at Points a and b of this Clause.

Chapter III ORGANIZATION OF IMPLEMENTATION

Article 12. Examination and inspection

1. The Ministry of Construction shall assign the Construction Management Department to assume the prime responsibility for, and collaborate with concerned units in:

a/ Guiding and examining the implementation of this Circular nationwide.

b/ Reviewing the issuance of construction practice certificates and manage construction practice nationwide.

2. Provincial-level Construction Departments shall:

a/ Supply information to those involved in the issuance of construction practice certificates;

b/ Set up advisory councils for considering the issuance of construction practice certificates;

c/ Receive dossiers and, if the dossiers are incomplete or invalid, notify within 5 working days applicants thereof for supplementation;

d/ Issue construction practice certificates to fully capable individuals under regulations;

e/ Not issue construction practice certificates to ineligible individuals under regulations;

f/ Examine and inspect professional activities of individuals within administrative boundaries under their management;

g/ Revoke certificates of violators under regulations;

h/ Handle according to their competence or request competent agencies to handle violations in construction practice;

i/ Post onto the Construction Ministry's website information on the issuance of construction practice certificates and on violations already handled as specified in Article 13 of this Circular;

j/ Settle according to their competence or report to competent authorities for consideration and handling complaints and denunciations about violations in the implementation of this Circular;

k/ Archive original dossiers;

1/ Report biannually and annually to the Ministry of Construction on the issuance of construction practice certificates and manage construction practice in their localities.

Article 13. Handling of violations

1. Applicants for construction practice certificates who fake documents or make untruthful declaration will not be considered for issuance of such certificates within one year.

Individuals who have obtained construction practice certificates who violate the provisions of this Circular and relevant laws shall be handled as follows:

a/ They will have their certificates revoked for one year, if untruthful declaration is detected in dossiers of application for practice certificates, or practice of activities not indicated in the certificates;

b/ They will have their certificates revoked for 3 years if they erase or modify certificates without permission; lend, lease, or allow others to use their certificates for practice; or violate construction-related laws;

c/ In addition to revocation of practice certificates, depending on the severity of their violations, violators shall also be administratively handled, pay compensation or be examined for penal liability in accordance with law.

3. Competence to handle violations:

a/ Provincial-level Construction Departments shall revoke practice certificates they have issued in the cases of violation specified at Points a and b, Clause 2 of this Article (or at the request of the Ministry of Construction), and concurrently notify the Ministry of Construction and concerned agencies thereof for handling according to their competence.

b/ The Ministry of Construction shall handle violators of regulations in the issuance of practice certificates.

Article 14. Implementation provisions

The following practice certificates remain effective and may be used until their expiration:

1. Plan-manager architect certificates issued under the Construction Minister's Decision No. 91/BXD-DT of April 16, 1993, promulgating the Regulation on architect profession practice;

2. Engineering designing practice certificates issued under the Construction Minister's Decision No. 23/2000/ QD-BXD of November 13, 2000, promulgating the Regulation on issuance of engineering designing practice certificates;

. Construction supervision practice certificates issued under the Construction Minister's Decision No. 12/2005/ QD-BXD of April 18,2005, promulgating the Regulation on issuance of construction supervision practice certificates;

4. Architect and engineer profession practice certificates issued under the Construction Minister's Decision No. 15/2005/QD-BXD of April 25, 2005, promulgating the Regulation on issuance of construction architect and engineer profession practice certificates.

Upon the expiration of the above practice certificates, individuals shall apply for re-issuance of practice certificates in accordance with this Circular.

Article 15. Effect

1. This Circular takes effect on August 10, 2009.

2. This Circular replaces the following documents:

a/ The Construction Minister's Decision No. 91/BXD-DT of April 16, 1993, promulgating the Regulation on architect profession practice.

b/ The Construction Minister's Decision No. 23/2000/ QD-BXD of November 13, 2000, promulgating the Regulation on issuance of engineering designing practice certificates.

c/ The Construction Minister's Decision No. 12/2005/ QD-BXD of April 18,2005, promulgating the Regulation on issuance of construction supervision practice certificates.

d/ The Construction Minister's Decision No. 15/2005/ QD-BXD of April 25,2005, promulgating the Regulation on issuance of construction architect and engineer profession practice certificates.