Thông tư 17/2016/TT-BXD

CIRCULAR

INSTRUCTIONS ON CAPACITY OF ORGANIZATIONS, INDIVIDUALS INVOLVED IN CONTRUCTION ACTIVITIES

Pursuant to the Law of Construction No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 regulating functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on investment project management (Hereinafter referred to as the Decree No. 59/2015/ND-CP);

At the request of general director of Department of Construction Management,

The Minister of Construction has promulgated the Circular providing instructions on capacity of organizations, individuals involved in construction activities as follows:

Chapter I

GENERAL PROVISION

Article 1. Scope and regulated entities

1. Governing scope: This Circular provides instructions on construction capacity of individuals and organizations; publishes information about construction capacity.

2. Regulated entities: This Circular applies to agencies, organizations, and individuals at home and abroad carrying out construction in the territory of Vietnam.

Article 2. Interpretation of terms

1. Practice certificate codes refer to an eight-digit series used to manage construction practice certificates of individuals (hereinafter referred to as practice certificates). Practice certificate codes shall be granted and managed by the Ministry of Construction. Individuals that participate in construction and apply for the issue of practice certificates for the first time as prescribed hereof shall be granted a code of practice certificate. Practice certificate codes shall remain unchanged even though requests for renewal, amendments or supplements to the issued certificates are made.

2. Capacity certificate codes refer to an eight-digit series used to manage construction capacity certificates of organizations (hereinafter referred to as capacity certificates). Capacity certificate codes shall be granted and managed by the Ministry of Construction. Individual organizations that participate in construction and apply for the issue of capacity certificates for the first time as prescribed hereof shall be granted a code of capacity certificate. Capacity certificate codes shall remain unchanged even though requests for renewal, amendments or supplements to the issued certificates are made.

Article 3. Practice certificates

1. Individuals as prescribed in Clause 3, Article 148 of the Law on Construction in 2014 should attain practice certificates for participating in construction activities in the following areas:

a) Construction survey including topographical survey; geological and hydrographical investigations;

b) Construction planning designing.

c) Construction designs include architectural designs; structural designs; electrical and mechanical designs; water supply and drainage designs; ventilation – heat supply & release designs; communications network designs; fire safety designs.

d) Construction supervision includes supervision of civil work construction, installation of equipment and technological equipment of works;

dd) Construction inspection.

e) Construction valuation.

2. Individuals to be granted practice certificates in one or several areas should meet requirements for capacity as prescribed.

3. Requirements for capacity of an individual in charge of labor safety in construction should conform with labor safety regulations.

Article 4. Specimen practice certificate

1. Practice certificate has light yellow cover sized 15x21 cm. Specification and information of the practice certificate is instructed in Clause 3 of this Article, according to the form in Annex 05 enclosed herewith.

2. Management of codes of practice certificates:

Number of practice certificates includes two code groups joined together by a hyphen as follows:

a) First group includes three characters representing the place of issue as prescribed in Annex 07 enclosed herewith.

b) Second group: Codes of practice certificates:

3. Main content of a practice certificate includes:

a) Basic information of individuals granted the certificate: 4x6 cm photo, full name, date of birth, ID card number (or passport number);

b) Name of the issuing agency, signature and seal;

c) Level of specialty training, training system, training institution;

d) Practice areas, type of works (if any), class and practicing period of individual areas granted the certificate.

Article 5. Authority to issue practice certificates

Agencies or organizations having authority to issue practice certificates:

1. Class I practice certificates: Construction Management Department affiliated to the Ministry of Construction.

2. Class II, III practice certificates: the Service of Construction:

a) For individuals as members of a construction organization headquartered in the locality;

b) For individuals that have permanent residence or register residence in the locality.

3. For a socio-occupational organization that is involved in construction across the country and meets following requirements, its individual members shall be considered for the issue of Class II, III practice certificates:

a) Meet requirements for the establishment of the Council for testing performance and issuing practice certificates (hereinafter referred to as ‘Testing Council’) according to Article 7 hereof.

b) Have operation regulation of the Testing Council and regulations on testing performance and issuing practice certificates as prescribed.

c) Have adequate facilities serving performance testing as prescribed in Clause 4, Article 8 hereof;

d) Have the written request according to the form in Annex 08 enclosed herewith and accompanied by a copy of the application, papers proving satisfaction of all requirements as prescribed in Points a, b and c of this Clause delivered to the Ministry of Construction for recognition of satisfaction of requirements for the issue of practice certificates. The time for review and making decision on recognition is no more than 20 days since receipt of the application.

Decision on recognition of satisfaction of requirements for the issue of practice certificates by socio-occupational organizations is instructed in Annex 09 enclosed herewith.

4. If individuals make request for the issue of practice certificates of different classes, the competent agency that issues practice certificates of highest class shall issue practice certificates to such individuals.

5. Practicing period corresponding to each area is five years. When the certificate expires, the individual may make a request for re-issue of the practice certificate as prescribed hereof.

Article 6. Principles of determining appropriate specialties and experience for issue of practice certificates

Determination of appropriate specialties and experience as prescribed in Clause 2, Article 45 of the Decree No. 59/CP as foundations for considering issue of practice certificates shall be carried out by the Testing Council in following principles:

1. Specialties of individuals shall be considered as appropriate when disciplines or content of the training program attended by such individuals are appropriate for the areas under request for the issue of practice certificates as prescribed in Article 16 hereof.

2. Experience of individuals who make requests for the issue of practice certificates is the total period of time such individuals have been participating in construction in the areas appropriate for the areas under request for the issue of practice certificates.

3. For individuals whose experience in construction is insufficient since the date of university graduation but previously were awarded college or vocational school degrees and did spend some time in construction activities, the experience shall be determined as the total period of time such individuals participated in construction since the date of graduation from colleges or vocational schools as foundations for the issue of Class II and III practice certificates.

4. For individuals working in state management agencies, experience is the total period of time such individuals have participated in state management tasks in relation to the areas under request for the issue of practice certificates.

Article 7. Testing Council

1. The Testing Council is established under the decision of competent agencies as prescribed in Clauses 1 and 2, Article 5 hereof (herein 'the issuing agency'):

a) Depending on areas under request for the issue of practice certificates, head of the issuing agency shall make decision on composition, organizational structure and number of members of the Testing Council as appropriate in which president and standing executive members shall be head and officials and civil servants of the issuing agency respectively.

b) Other executive members joining the Testing Council shall be officials and civil servants who have specialties appropriate for the areas considered for the issue of practice certificates and experts in relevant areas invited by the Testing Council.

2. The Testing Council as prescribed in Clause 3, Article 5 hereof shall be established under the decision of heads of socio-occupational organizations with organizational structure and number of members in conformity with the areas considered for issue of practice certificates in which president and executive members of the Testing Council shall be head and members of the socio-occupational organization respectively.

3. President of the Testing Council shall make decision on establishment of the testing unit as an assistant apparatus to the Council. The testing unit includes a head (as member of the Testing Council), and other members (as officials and civil servants of the issuing agency or members of socio-occupational organizations (in case the issuing agency is the socio-organizational organization)).

4. The Council shall hold several offices concurrently and work in accordance with the regulation decided by president of the Council as prescribed in Clause 5 of this Article.

5. Operation regulations of the Testing Council and regulations on testing performance and issuing practice certificates shall be published on the website by the Ministry of Construction.

Article 8. Testing performance for issue of practice certificates

1. Testing shall be carried out in the form of tests.

2. The test includes 15 questions on professional knowledge and 10 questions on knowledge of law on the areas under request for issue of practice certificates which are randomly taken from the set of questions as prescribed in Clause 4 of this Article. Testing period is 30 minutes at the maximum.

3. Maximum score for each test is 100 points of which maximum score for professional knowledge and knowledge of law is 60 points and 40 points respectively. Any individual that achieves from 80 points and over shall be granted the practice certificate.

If an individual is exempted from doing the test in professional knowledge, the test in knowledge of law should reach at least 32 points.

4. The set of questions and instructions on facilities serving performance testing shall be published by the Ministry of Construction on the website.

Article 9. Specialty training

1. Training institutions that meet requirements as prescribed in Article 68 of the Decree No. 59/CP shall be eligible for conducting specialty training in construction for individuals who need.

2. Specialty training should closely follow the framework program for specialty training in the areas relating to construction-related contents promulgated by the Ministry of Construction.

Article 10. Capacity certificates

1. Organizations should attain capacity certificates when engaging in following activities:

a) Construction survey including topographical survey; geological and hydrogeological survey;

b) Formulation of construction planning

c) Construction designs and design verifications includes architectural design; structural designs; electrical and mechanical designs; water supply and drainage designs; ventilation – heat supply and release designs; communications network designs; fire safety designs.

d) Formulation and verification of construction investment projects

dd) Construction investment project management

e) Construction work

g) Construction supervision includes supervision of civil work construction, installation of equipment and technological equipment of works;

h) Construction inspection.

i) Construction cost management and verification

2. One organization may make request for issue of capacity certificates for one or more areas corresponding to different classes as prescribed hereof. Organizations that are yet to meet requirements for issue of capacity certificates may engage in the areas as prescribed in this Article with respect to projects which require establishment of economic and technical reports for investment and construction of Class IV works; projects on repairs, renovation and maintenance of Class IV works when persons in charge of specialist areas from such organizations meet capacity requirements.

3. Foreign organizations are not required of capacity certificates as prescribed hereof when engaging in construction in Vietnam.

Article 11. Specimen capacity certificate

1. Capacity certificate has light blue cover sized 21 x 29.7 cm. Specification of a capacity certificate is instructed in Annex 06 enclosed herewith and main content of the certificate is instructed in Clause 3 of this Article.

2. Management of capacity certificate number:

Number of practice certificates includes two code groups joined to each other by a hyphen as follows:

a) First group includes three characters representing the place of issue as prescribed in Annex 07 enclosed herewith.

b) Second group: Codes of capacity certificates.

3. Content of capacity certificate includes:

a) Basic information about the organization granted the certificate: name of the organization; enterprise code or establishment decision number; full name, title of legal representative; addresses of headquarter, representative office (if any); phone, facsimile, email and website (if any);

b) Scope of construction activities (areas, types of works (if any), capacity class and validity period);

c) Name of the issuing agency, signature and seal;

Article 12. Authority to issue capacity certificates

The competent agency that issues capacity certificates (herein ‘the issuing agency’) includes:

1. Class I capacity certificates: Construction Management Department affiliated to the Ministry of Construction.

2. Class II, III capacity certificates: the Service of Construction.

3. If an organization makes request for issue of capacity certificates of different classes, the agency that issues capacity certificate of the highest class shall issue capacity certificate to such organization.

4. The issuing agency has the authority to revoke, re-issue, make amendments and supplements to capacity certificates it has issued.

5. Validity period of a capacity certificate is five years. Any organization with the capacity certificate that expires or needs to make amendments or supplements to the certificate may file procedures for re-issue as prescribed hereof.

Article 13. Testing Council

1. The Testing Council shall be established under the decision of heads of competent agencies as prescribed in Article 12 hereof, of which president and executive members of the Testing Council are officials and civil servants of this agency.

2. The Council shall hold several offices concurrently and work in accordance with the regulation prescribed by president of the Council.

Chapter II

ISSUE OF CONSTRUCTION PRACTICE CERTIFICATES

Article 14. Applications for construction practice certificates

The application includes:

1. A written request (According to the form in Annex 01 enclosed herewith) accompanied by two color 4x6 photos with white background.

2. A computer file containing color photos of relevant diplomas, certificates issued by training institutions.

3. A computer file of color photos of the declaration of experience confirmed by employers or heads of socio-occupational organizations (in case of members of socio–occupational organizations) according to the form in Annex 02 enclosed herewith.

4. A computer file of color photos of the construction contract or the list of task assignments the individual engaged in.

5. For individuals as prescribed in Point b, Clause 5, Article 16 hereof, the application includes:

a) Documents as prescribed in Clauses 1, 2, 3 and 4 of this Article;

b) A computer file of color photos of relevant practice certificates issued by competent agencies;

Article 15. Sequential order and procedures for issue of practice certificates

1. One application should be submitted to the issuing agency as prescribed in Article 5 hereof.

2. Within three working days since receipt of the application, the testing unit shall be responsible for inspecting adequacy and eligibility of the application prior to submission to the Testing Council for decision. In case the application is found inadequate or ineligible, the testing unit shall give notification to the individual for supplements.

3. Testing shall be carried out on a quarterly or irregular basis as decided by the Testing Council in accordance with demands for issue of certificates. Five days prior to the date of testing, the Testing Council shall give notification on the website of the time and venue of the testing including testing codes of individuals.

4. Within three days at a maximum since the date of testing, the Testing Council shall compile results and make the submission to heads of competent agencies for issue of practice certificates. The results shall be maintained for six months since the date of testing.

Within three working days at a maximum since the decision on the issue of practice certificates is made, the issuing agency shall make a written request according to the form in Annex 10 enclosed herewith to the Ministry of Construction for the issue of practice certificate codes. Within five working days since receipt of the written request, the Ministry of Construction shall be responsible for issuing the codes, integrating information for management of the issued practice certificates and publishing information about construction capacity of the individuals on the website as prescribed in Clause 2, Article 25 hereof.

The issuing agency shall be responsible for issuing practice certificates to individuals who have already been granted the practice certificate codes.

5. Collection and use of testing fees are instructed by the Ministry of Construction; fees for testing performance and issuing practice certificates are instructed by the Ministry of Finance. Individuals who submit requests for the issue of practice certificates should fulfill obligations for paying relevant fees and charges. Fees and charges shall be in no case refunded.

Article 16. Professional qualifications and experience

Based on the principles as prescribed in Article 6 hereof and applications for the issue of practice certificates, the Testing Council shall evaluate actual capacity for each of following areas, specifically:

1. Construction survey:

a) Topographical survey: Individuals who have been trained in geological, land survey or construction disciplines and have had practical experience as topographical surveyors or chief surveyors as prescribed in Clause 2, Article 46 of the Decree No. 59/CP shall be considered for the issue of topographical survey practice certificates.

a) Geological and hydrographical survey: Individuals who have been trained in geological discipline and have had practical experience as geological, hydrogeological surveyors or chief surveyors as prescribed in Clause 2, Article 46 of the Decree No. 59/CP shall be considered for the issue of geological and hydrogeological survey practice certificates.

2. Construction planning design

Individuals who have attained university decrees in architecture, construction planning, urban technical infrastructure, urban economy or any discipline in conformity with requirements for the formulation of construction planning and have had sufficient practical experience as construction planning designers or chief designers as prescribed in Clause 1, Article 47 of the Decree No. 59/CP shall be considered for the issue of construction planning practice certificates.

3. Construction design and construction design appraisal

a) Architectural designs:

Individuals who have been trained in architectural disciplines and have had practical experience as architectural designers or chief designers,  chief design appraisers as prescribed in Clause 2, Article 48 of the Decree 59/CP shall be considered for the issue of design practice certificates.

b) Structural design:

Individuals who have been trained in construction disciplines and have had sufficient practical experience as structural designers, chief designers, major designers or design appraisers for a construction work of a particular type as prescribed in Clause 2, Article 48 of the Decree 59/CP shall be considered for the issue of practice certificates corresponding to such type.

c) Individuals who have been trained in other disciplines concerning designing of technical systems such as electrical & mechanical, water supply & drainage, ventilation – heat supply and release, communications networks, fire safety shall be considered for the issue of practice certificates corresponding to the disciplines being trained based on their practical experience in design practicing.

4. Construction supervision:

a) Individuals who have been trained in construction disciplines and have had practical experience in designing, construction and construction supervision with respect to a construction work of a certain type as prescribed in Clause 2, Article 49 of the Decree No. 59/CP shall be considered for the issue of construction supervision practice certificates corresponding to such type.

b) Equipment and technological equipment installation supervision: Individuals who have been trained in such disciplines as electricity, mechanical engineering, ventilation – heat supply and release, water supply and drainage, air conditioning, communications networks, fire safety and other suitable disciplines and have had sufficient practical experience as supervisors of activities related to such disciplines shall be considered for the issue of equipment installation or technological equipment installation (or both ) practice certificates.

5. Construction inspection:

a) Individuals who are yet to attain construction supervision or construction design practice certificates but have been trained in construction disciplines and have had sufficient practical experience in the tasks of a construction work of a particular type as prescribed in Clause 1, Article 50 of the Decree No. 59/CP shall be considered for the issue of construction inspection practice certificates corresponding to such type.

b) Individuals who have attained construction supervision or construction design practice certificates in the areas of structural design as prescribed hereof shall be considered for the issue of construction inspection practice certificates corresponding to classes and types of construction works as specified in the issued certificates.

6. Construction valuation:

Individuals who have been trained in economic or construction engineering disciplines and have had sufficient practice experience in performing activities related to construction cost management as prescribed in Clause 2, Article 52 of the Decree No. 59/CP shall be considered for the issue of construction valuation practice certificates.

Article 17. Re-issue, amendments and supplements to practice certificates

1. Practice certificates shall be re-issued or amended in following cases:

a) Existing certificates expire.

b) Make amendments and supplements to practice areas.

c) Existing certificates are torn or damaged.

d) Existing certificates are lost.

2. Requirements for re-issue, amendments, supplements to practice certificates:

a) A written request according to the form in Annex 01 enclosed herewith submitted to the issuing agency;

b) Attach existing certificates which are torn or damaged or expire;

c) Copy of diplomas, certificates and written declaration of experience in the areas under request for amendments and supplements;

d) Do not violate regulations on construction and relevant law provisions;

3. Sequential order and procedures for re-issue, amendments, supplements to practice certificates:

a) For the cases as prescribed in Points a and b, Clause 1 of this Article: sequential order and time for the issue of practice certificates are the same as the cases of renewal.

b) For the cases as prescribed in Points c and d, Clause 1 of this Article: sequential order is the same as that for the cases of renewal but testing is not required and the time for consideration is no more than 25 days (in case of Class I certificates) and 15 days (in case of Class II and III certificates).

4. Content and validity of a practice certificate as follows:

a) Content and validity is the same as existing certificates that are lost, torn and damaged.

b) Note supplements to practice areas according to validity period of existing certificates in case of amendments and supplements.

c) In case of expiration, content and validity of the practice certificate is instructed the same as the cases of renewal.

5. Authority to re-issue practice certificates, make amendments and supplements thereto is instructed in Article 5 hereof.

6. Individuals who submit application for the re-issue or supplements to practice certificates should fulfill obligations for paying relevant fees and charges. Fees and charges shall be in no case refunded.

Article 18. Practice certificates issued to foreigners

1. Practice certificates issued to individuals as foreigners or overseas Vietnamese (hereinafter referred to as ‘foreigners’) are instructed in Clause 2, Article 44 of the Decree No. 59/CP.

2. For foreigners carrying out construction in Vietnam under six months, practice certificates issued by foreign agencies or organizations should be legalized in Vietnam, translated in Vietnamese according to laws.

3. For foreigners carrying out construction in Vietnam from six months and over, conversion of practice certificates should be done as follows:

a) The application for conversion includes:

- A written request according to the form in Annex 11 enclosed herewith;

- Copy of practice certificates, professional training certificates which have been legalized and translated in Vietnamese according to laws;

- Copy of residence-related papers or work permits issued by Vietnam’s competent agencies, and passports;

- Written declaration of employment experience related to areas under request for conversion of practice certificates: at least seven years (Class I) five years (Class II) and three years (Class III) up to the time of requesting conversion according to the form in Annex 02 enclosed herewith.

b) Sequential order and procedures for conversion of practice certificates:

- Applications for conversion of practice certificates shall be submitted to the Ministry of Construction in person or by post.

- Within seven working days since receipt of the application, the Ministry of Construction shall be responsible for inspecting the application and give notification to the applicant.

- Within 30 days since receipt of the application, the Testing Council shall carry out examination and assessment of actual capacity of the applicant and make the submission to the Ministry of Construction for decision on conversion of practice certificates.

c) Examination and assessment of capacity of foreigners (foreign applicants) and conversion of practice certificates are instructed in Article 16 hereof corresponding to the areas requested by such applicants.

d) Applicants should fulfill obligations for paying relevant fees and charges.

4. Time limit for construction practice in Vietnam for foreigners shall be determined on the basis of the time limit specified in the work limit issued by competent agencies but no more than five years. In case of expiration, foreigners who need to continue practicing construction in Vietnam may file procedures for the re-issue of practice certificates as prescribed in Clause 3 of this Article.

5. For individuals from other nationalities, if the provisions set out in the international agreement to which Vietnam is a signatory are different from the provisions prescribed hereof, the former shall prevail.

Article 19. Rights and obligations of individuals applying for practice certificates

1. Individuals applying for construction practice certificates (applicants) shall have following rights:

a) Request supply of information about the issue of practice certificates;

b) Practice construction across the country in the areas specified in the practice certificate; practice construction verification in the areas corresponding to those as specified in the practice certificate;

c) Complaints and denunciations of acts in violation of regulations on the issue of practice certificates.

2. Applicants shall have following obligations:

a) Provide true statements in the application as prescribed hereof; take responsibility to the law for accuracy of the statements made in the application, paying fees and charges;

b) Practice within the scope and areas as specified in the issued practice certificate, comply with regulations on construction and other relevant law provisions;

c) Do not lend or rent out the practice certificate to others;

d) Do not make any modifications or corrections to the practice certificate;

dd) Observe professional ethics;

e) Present practice certificates and comply with inspection requirements at the request of competent agencies.

Chapter III

ISSUE OF CONSTRUCTION CAPACITY CERTIFICATES

Article 20. Applications for capacity certificates

The application includes:

1. A written request according to the form in Annex 03 enclosed herewith;

2. A computer file containing color photos of enterprise registration certificates or establishment decisions; implementation and management process, quality management system corresponding to the areas under request for the issue of capacity certificates.

3. A computer file containing color photos of the list of relevant important individuals, personnel and technical staff (if any) and the written declaration of experience in construction of the organization as prescribed in Annex 04 enclosed herewith, accompanied by relevant diplomas, certificates and employment contracts by important individuals, technical staff (if any); contracts and acceptance testing notes (no more than three contracts, three acceptance testing notes for each area and type).

4. A computer file containing color photos of the written declaration of financial resources for three years up to the time of under request for the issue of capacity certificates, machinery and equipment, computer software related to the areas under request for the issue of certificates.

Article 21. Sequential order and procedures for issue of capacity certificates

1. Organizations that apply for capacity certificates (applicants) shall submit one application as prescribed in Article 12 hereof in person or by post to the issuing agency.

2. Within ten days since receipt of the application, the issuing agency shall carry out examination and inspection of the application and give notification to the applicant.

3. Organizations carrying out evaluation and issue of capacity certificates:

a) The Testing Council shall be responsible for carrying out evaluation of construction capacity of the applicant according to Article 22 hereof and make the submission to the issuing agency for decision.

Time for evaluation and issue of capacity certificates is no more than 15 days (Class I), 10 days (Classes II and III) since receipt of the application.

b) Within three working days since the decision on the issue of capacity certificates is issued, the issuing agency as prescribed in Clause 2, Article 12 hereof shall be responsible for submitting a written request for the issue of capacity certificate codes according to the form in Annex 15 enclosed herewith to the Ministry of Construction. Within five working days since receipt of the written request, the Ministry of Construction shall be responsible for issuing the codes, integrating information for management of the issued practice certificates and publishing information about construction capacity on the website as prescribed in Clause 1, Article 26 hereof.

4. Collection and use of fees and charges (including re-issue, supplements and amendments) are instructed by the Ministry of Finance. Applicants shall fulfill obligations for paying relevant fees and charges. Fees and charges shall be in no case refunded.

Article 22. Evaluation and issue of capacity certificates

1. The Testing Council shall be responsible for carrying out evaluation of construction capacity of applicants based on marking method as prescribed in Annex 14 enclosed herewith as foundations for the issue of capacity certificates. Organizations that have won high-quality construction awards or high-quality construction procurement awards in the areas under request for the issue of capacity certificates shall be given a maximum of five extra points but no more than 100 points in total.

2. The issuing agency shall make decision on the issue of capacity certificates after receipt of evaluation results from the Testing Council.

Article 23. Re-issue or amendments, supplements to capacity certificates

1. Capacity certificates shall be re-issued, amended or supplemented in following cases:

a) Old certificates expire

b) Amendments and supplements to activities

c) Existing certificates are torn or damaged.

d) Existing certificates are lost.

2. Requirements for re-issue or amendments, supplements to capacity certificates:

a) Submit a written request according to the form in Annex 03 enclosed herewith to the issuing agency;

b) Attach existing certificates which are torn or damaged or expire;

c) Attach documents as prescribed in Clauses 2, 3 and 4, Article 20 hereof in case of requesting amendments or supplements to activities;

d) Do not violate regulations on construction and relevant law provisions;

3. Time limit for re-issue, or amendments and supplements to capacity certificates is instructed the same as cases of renewal.

4. Content and validity of a capacity certificate as follows:

a) Content and validity is the same as existing certificates that are lost, torn and damaged.

b) Specify amendments according to validity period of existing certificates in case of amendments, supplements.

c) In case of expiration, content and validity of the capacity certificate is instructed the same as cases of renewal.

5. Authority to re-issue capacity certificates, make amendments and supplements thereto is instructed in Article 12 hereof.

Article 24. Rights and obligations of organizations applying for capacity certificates

1. Rights

a) Request supply of information about the issue of capacity certificates;

b) Practice construction across the country in the areas as specified in the capacity certificate;

c) Make complaints and denunciations of acts in violation of regulations on the issue and use of capacity certificates.

2. Obligations

a) Provide true statements in the application as prescribed hereof; take responsibility to the law for accuracy of the statements made in the application, paying fees and charges;

b) Practice within the scope and areas as specified in the issued capacity certificate, comply with regulations on construction and other relevant law provisions;

c) Do not make any modifications or corrections to capacity certificates;

d) Present capacity certificates and comply with inspection requirements at the request of competent agencies.

dd) Make notifications to the issuing agency of changes in construction capacity.

Chapter IV

PUBLICATION OF INFORMATION ABOUT CONSTRUCTION CAPACITY AND SPECIALTY TRAINING

Article 25. Principles of publishing information about capacity of organizations and individuals engaging in construction activities

1. Organizations and individuals at home and abroad engaging in construction activities in Vietnam as prescribed in Clause 21, Article 3 of the Law on Construction in 2014 shall be responsible for publishing information about construction capacity as prescribed hereof.

2. Organizations and individuals who are granted capacity certificates and practice certificates as prescribed hereof may publish information about capacity on the website of the issuing agency.

3. Competent agencies as prescribed in Clause 1, Article 69 of the Decree No. 59/CP shall examine and inspect information about capacity of organizations and individuals for publication on their websites if need be.

4. All information about construction capacity of organizations and individuals published on the websites of the Service of Construction should be forwarded to the Ministry of Construction for review and integration and publication on its website as foundations for examination and selection of organizations or individuals to participate in construction activities across the country.

Article 26. Publication of information about construction capacity

1. Within seven days since the issue of practice certificates, capacity certificates, the issuing agency and the Ministry of Construction shall be responsible for publishing information about construction capacity of organizations and individuals on their websites.

2. Lecturers of construction specialty training institutions should submit applications for publication of information to the Ministry of Construction for review and publication on the website of the Ministry of Construction. The application includes:

a) A written request according to the form in Annex 12 enclosed herewith;

b) Copy of diplomas in relevant disciplines;

c) Written declaration of professional qualifications, practical experience in relevant areas according to the form in Annex 02 enclosed herewith.

3. Organizations engaging in construction activities outside the scope of areas requiring capacity certificates and foreign contractors practicing construction in Vietnam may submit applications to the Ministry of Construction for publication of information on the website of the Ministry of Construction. The application includes following documents:

a) A written request according to the form in Annex 13 enclosed herewith;

b) Copy of enterprise registration certificates or investment certificates or equivalent papers issued by competent agencies;

c) A computer file containing color scans of diplomas, training certificates, practice certificates, employment contracts by individuals presiding over disciplines in the organization;

d) A computer file containing color scans of contracts and acceptance testing notes (no more than three contracts, three acceptance testing notes for each type of work). If need be, competent agencies may request organizations and individuals to provide original documents for comparison.

dd) Documents submitted by foreign contractors as prescribed in Points b and c of this Clause should be legalized and translated into Vietnamese according to laws.

4. Within seven days since receipt of the application, the Ministry of Construction shall give notification to organizations and individuals as prescribed in Clauses 2, 3 of this Article for supplements and completion if the application remains inadequate or ineligible. Within 15 days since receipt of the eligible application, the Ministry of Construction shall be responsible for considering publication of the information on the website of the Ministry of Construction.

5. Information about construction capacity to be published is as follows:

a) Individuals: full names, year of birth, permanent residence, professional qualifications, certificate numbers, classes and practice areas.

b) Organizations: name of organization, address of headquarter; legal representatives; establishment decision; business registration certificate; number of individuals taking charge of important positions; classes of issued capacity certificate or scope of capacity corresponding to each area. Organizations may propose publication of information about past and ongoing typical projects by type, scale, manners of participation, implementation, commendation.

Article 27. Revisions and supplements to information about construction capacity

1. Within 15 days since the request for revisions or adjustments to the information published is made, organizations and individuals shall be responsible for providing written supplements or revisions accompanied by a computer file containing color scans of relevant documents to the publishing agency (agency in charge of publishing information on the website) for consideration.

2. Within 15 days since receipt of full information, the publishing agency shall be responsible for inspecting and publishing such revised information on the website.

Article 28. Removal of published information about construction capacity

1. Organizations and individuals shall have their information removed when committing one of following acts:

a) Provide false information or change information without declaration as prescribed; violate provisions set out in Clause 1, Article 25 hereof;

b) Commit acts in violation of regulations on construction investment;

c) Engage in construction activities beyond capacity;

2. The publishing agency shall be responsible for making a written notification of the violations committed by organizations and individuals or publish them on the website. Within 30 days since the notification is delivered, if no written explanation or remedial work from concerned organizations and individuals is made, the published information shall be removed.

Article 29. Storage of published documents

1. The publishing agency shall be responsible for keeping published documents as foundations for inspecting and supplementing information if need be.

2. The published documents include documents contained in applications for the issue of practice certificates, capacity certificates; recognition of construction specialty training institutions; publication of information as prescribed hereof.

Chapter V

IMPLEMENTATION

Article 30. State administration for construction capacity

1. The Ministry of Construction shall unify state administration for construction capacity as follows:

a) Provide instructions, inspect and handle violations regarding the implementation of this Circular across the country.

b) Promulgate framework programs for construction specialty training; publish, update and revise the set of questions serving testing and issue of practice certificates.

c) Issue forms of operation regulation of the testing councils (practice certificates and capacity certificates);

d) Issue practice certificate codes and capacity certificate codes across the country.

dd) Manage publication of information about construction capacity across the country;

e) Make decision on conversion of practice certificates by foreigners engaging in construction activities in Vietnam.

g) Assign construction authorities affiliated to the Ministry of Construction to implement provisions set out hereof.

2. The Ministry of Construction shall assign the Construction Management Department to carry out following tasks:

a) Play a central role in issuing and managing practice certificate codes and capacity certificate codes across the country; issuing, amending, re-issuing, revoking practice certificates, capacity certificates and publishing information about construction capacity as prescribed hereof; handle violations within competence;

b) Compile the issue of construction practice certificates and capacity certificate across the country.

4. The Service of Construction in localities:

a) Implement provisions on construction capacity management as prescribed hereof;

b) Issue, amend, re-issue and revoke practice certificates, capacity certificates (Classes II and III) and publish information about construction capacity as prescribed hereof.

c) Inspect construction capacity of organizations and individuals within administrative boundary; handle violations within competence.

d) Make annual (before December 15) or unexpected reports to the Ministry of Construction on the issue of practice certificates, capacity certificates, publication of information about construction capacity and management of construction capacity in localities.

Article 31. Transitional provisions

1. Issuing practice certificates to individuals, evaluating construction capacity of organizations and publication of information about construction capacity of organizations, individuals engaging in construction are instructed in the Ministry of Construction’s Circular No. 12/2009/TT-BXD dated June 24, 2009 detailing issue of construction practice certificates, Circular No. 05/2010/TT-BXD dated May 26, 2010 providing instructions on training in construction valuation specialties and issue of construction valuation certificates, Circular No. 22/2009/TT-BXD dated July 06, 2009 detailing requirements for construction capacity and Circular No. 11/2014/TT-BXD dated August 25, 2014 providing instructions on publication of information about construction capacity of organizations and individuals engaging in construction activities.

2. Regulations on practice certificates issued by competent agencies before the effective date of this Circular:

a) Practice certificates with validity period specified on shall be effective till expiration date. Practice certificates without validity period specified on shall be effective till June 30, 2018.

b) Since the effective date of this Circular, conversion of practice certificates (if need be) as prescribed in Point a of this Clause shall be instructed in Clause 3 of this Article.

3. Conversion of practice certificates is instructed as follows:

a) One application for conversion of practice certificate should be delivered to the issuing agency. The application includes a written request (according to the form in Annex 11 enclosed herewith, a computer file containing color photos of existing certificates that remain effective, written declaration of experience in construction as prescribed in Clause 3, Article 14 hereof.

b) Determination of professional qualifications and experience in construction corresponding to classes of practice certificates under request for conversion is instructed in Clause 2, Article 45 of the Decree 59/CP and Article 6 hereof.

c) Sequential order and procedures for testing, conversion of practice certificates are instructed the same as cases of renewal. Individuals requesting conversion of practice certificates shall be exempted from tests on professional knowledge.

Article 32. Handling of violations

1. Illegal acts:

a) Fail to fulfill obligations as prescribed in Clause 2, Article 19 and Clause 2, Article 24 hereof;

b) Commit acts in violation of regulations on construction investment;

2. Handling:

a) Any organization or individual that commits acts in violation of Clause 1 of this Article shall be subject to refusal to issue certificates, revocation of issued certificates and removal of published information about construction capacity for one year since the illegal act is detected.

b) Apart from revocation of certificates, depending on severity of violation, organizations and individuals that commit the illegal act shall be subject to administrative penalties, compensation for damage caused or criminal prosecution according to laws.

3. Authority to handle violations:

a) Agencies that have authority to issue practice certificates, capacity certificates (the issuing agency) shall handle violations as prescribed in Point a, Clause 2 of this Article.

b) Competent agencies as prescribed by laws shall handle violations as prescribed in Point b, Clause 2 of this Article.

Article 33. Effect

1. This Circular takes effect since September 01, 2016. Particularly for Clause 1, Article 31 hereof, this Circular shall take immediate effect upon promulgation.

2. Since the effective date of this Circular, following circulars: Circular No. 12/2009/TT-BXD dated June 24, 2009, Circular No. 05/2010/TT-BXD dated May 26, 2010, Circular No. 22/2009/TT-BXD dated July 06, 2009, Circular No. 25/2009/TT-BXD and Circular No. 11/2014/TT-BXD shall become invalid.

3. Ministries, ministerial-level agencies, governmental agencies, People’s committees of central-affiliated provinces, cities, organizations and individuals engaging in construction activities and other relevant organizations and individuals shall be responsible for executing this Circular./..

Annex 01

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------

……….., dated …

WRITTEN REQUEST FOR ISSUE, RE-ISSUE, AMENDMENTS TO PRACTICE CERTIFICATES

Respectfully addressed to: (Name of competent agency)

1. Full name: ………………………………………………………………………………………

2. Date of birth: ……………………………………………………………………….

3. Nationality: ………………………………………………………………………………………

4. ID card/passport number: ……. Date of issue: ……. Place of issue: …

5. Permanent residence: …………………………………………………………………………

6. Phone number: ………………………….. Email: ……………………………………..

7. Workplace: …………………………………………………………………………………

8. Professional qualifications (specify specialties, training system): …………………………

9 Issued practice certificate code (if any): ……………………………………….

Would like to make a request for issue/re-issue/amendments to the construction practice certificate as follows:

9.1. Issue of practice certificate □

Practice areas: ………….⁽¹⁾ ………………………. Class: ………………………

9.2. Re-issue of practice certificate □

Reasons for re-issue: ………………………………………………………….. ⁽²⁾

9.3. Amendments to practice certificate □

Practice areas to be amended: ..... ⁽¹⁾ ………………..Class: ……………………

I shall take full responsibility for the above statements and guarantee to practice construction activities in accordance with the issued certificates and relevant law provisions.

Notes:

 ⁽¹⁾ Practice areas as prescribed in Clause 1, Article 3 hereof.

 ⁽²⁾ Specify reasons as prescribed in Clause 1, Article 17 hereof.

Annex 02

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------

WRITTEN DECLARATION OF PROFESSIONAL EXPERIENCE IN CONSTRUCTION

1. Full name: …………………………………………………………………………………….

2. Professional qualifications: …………………………………………………………………

3. Time of experience (year, month): ……………………………………

4. Workplace: ………………………………………………………………………………

5. Work history: ……………………………………….

I guarantee all above statements are true and take full responsibility for any wrong statement.

Notes:

 (*) Individuals are lecturers of construction specialty training institutions should attain written confirmations of the workplace. Individuals who practice independently are not required to attain such papers.

Annex 03

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

WRITTEN REQUEST FOR ISSUE, RE-ISSUE, AMENDMENTS TO CAPACITY CERTIFICATES

Respectfully addressed to: (Name of competent agency)

1. Name of organization: …………………………………………………………………………

2. Address of headquarter: ………………………………………………………………………

3. Phone number: ………………………………. Facsimile: …………………………………..

4. Email: ……………………………………….. Website: ………………………………………

5. Legal representative:

Full name: ……………………………………. Business position: …………………………….

6. Business registration certificate/establishment decision No.: …………………………

Place of issue: ….…………………………………. Date of issue: …………………………….

7. Main practice areas: ………………………………………………………………

8. Issued capacity certificate code (if any): ……………………………………………………

Would like to request issue/re-issue/amendments to the construction capacity certificate as follows:

8.1. Issue of capacity certificate □

Practice areas: ………….. ⁽¹⁾ ………………Class: …………………

8.2. Re-issue of capacity certificate □

Reasons: ……………………………………… ⁽²⁾

8.3. Amendments to activities: □

Practice areas to be amended:...⁽¹⁾... Class: …: ………………….

 (Name of organization) shall take full responsibility for the above statements and guarantee to practice construction activities in accordance with the issued certificates and relevant law provisions.

Notes:

 ⁽¹⁾ Specify practice areas as prescribed in Clause 1, Article 10 hereof.

 ⁽²⁾ Specify reasons as prescribed in Clause 1, Article 23 hereof.

Annex 04

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

LIST

Important personnel, relevant technical staff and written declaration of experience in construction of the organization

I. Information about organization:

Name of organization: ……………………………………………………………………………

Phone number: ……………………………………………………………………………………

Contact address: ………………………………………………………………………………….

Areas under request for the issue of certificates: ……… Class: ………………………..

II. List of important personnel and relevant technical staff (if any) of the organization:

1. List of important personnel ^(*):

2. List of technical staff related to practice areas:

III. Professional experience in construction related to practice areas:

Notes:

 (*) Important personnel should have an employment contract for more than one year with the organization requesting the issue of certificates, hold major roles, be a chief supervisor, site superintendent. Each individual may engage in construction activities with different organizations but hold a major role in only one organization.

Annex 05

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SPECIMEN  CONSTRUCTION PRACTICE CERTIFICATE

Annex 06

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SPECIMEN CONSTRUCTION  CAPACITY CERTIFICATE

CONSTRUCTION  CAPACITY CERTIFICATE

No.: .........................

 (Issued under the Decision No.: ... …dated …)

Name of organization: …………………………………………………………………………

Business registration certificate/establishment decision No.: ………………………

Date of issue: ……….. Place of issue: ……………………………………

Name of legal representative: ……………………….. Business position: ………….

Address of headquarter: ………………………………………………………………………

Phone number: ………………….Facsimile: ………………………………

Email: ………………………………………………….. Website: ……………………………

Scope of construction activities:

1. Name of activities (Specify type of project/class of works): …………………………….

Class: ………………

2. Name of activities (Specify type of project/class of works): …………………………….

Class: ………………

3. …………..

This certificate is effective from …..to ……

Annex 07

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SYMBOLS OF PLACE OF ISSUE OF CONSTRUCTION PRACTICE CERTIFICATES , CAPACITY CERTIFICATES

Annex 08

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

WRITTEN REQUEST FOR RECOGNITION

The occupational organization have met requirements for the issue of construction practice certificate

Respectfully addressed to: Ministry of Construction

Name of the organization: ……………………………………………………………

Address of headquarter: …………………………………………………………………………

Establishment decision No.: ... Date of issue: … Issued by: ………..

Approval decision on operation regulation No.: ... Date of issue: … Issued by: ……

Purposes and practice areas: …………………………………………………………………

Scope of activities: …………………………………………………………………………….

Number of members: ……………………………………………………………………………

Would like to request recognition that the socio-occupational organization has met the requirements for the issue of Class II, III practice certificates to individuals as members of the organization in following construction activities:

1. ……………………………………………………………………………………………………

2. ……………………………………………………………………………………………………

…

n. ……………………………………………………………………………………………………

 (Name of the organization) shall take full responsibility for above statements and guarantee to comply with regulations on the issue of construction practice certificates./.

Annex 09

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

DECISION

On recognition that the occupational organization have met requirements for the issue of construction practice certificate

THE MINISTER OF CONSTRUCTION

Pursuant to the Law of Construction No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on investment project management;

Considering the written request submitted by …  (Name of the socio-occupational organization) …:

At the request of general director of Construction Management Department,

DECISION

Article 1. Recognize that (name of the socio-occupational organization) is the organization that has met the requirements for the issue of Class II, III practice certificates to individuals as members of the organization in following construction activities:

1. …………………………………………………………………………………………………

2. …………………………………………………………………………………………………

…

n. …………………………………………………………………………………………………

Symbol of place of issue: ……………………………………………………………………

Article 2. This Decision takes effect since the signing date.

Article 3. The Construction Management Department, the socio-occupational organization shall be responsible for executing this Decision./.

Annex 10

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

Respectfully addressed to: Construction Management Department – Ministry of Construction

Pursuant to the Law of Construction No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on investment project management;

Pursuant to the Minister of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016;

Pursuant to the Decision No. ………issued by (Name of the issuing agency) on the establishment of the Testing Council;

Based on the results evaluated by the Testing Council in the testing dated  ….

 (Name of the issuing agency) would like to request the Construction Management Department issue the practice certificate codes to …^(*)individuals who have met following requirements:

Notes:

 ^(*) Specify the number of individuals that have met requirements for the issue of practice certificates

Annex 11

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------

…….., dated …

WRITTEN REQUEST FOR CONVERSION OF CONSTRUCTION PRACTICE CERTIFICATES

Respectfully addressed to: (Name of competent agency)

1. Full name: ……………………………………….. 2. Date of birth: ……………

3. Nationality: ……………………………………………………………………………………..

4. ID card/passport number: …………Date of issue: ………….. Place of issue: …….

5. Permanent residence: …………………………………………………………………………

6. Phone number: ……….. 7. Email: ………………………………………

8. Workplace: ………………………………………………………………………………

9. Professional qualifications (specify specialties, training system): …………………………

10. Practice certificate number: …………..Date of issue: ……………Place of issue: ………

Would like to request conversion of practice certificates as follows: …. ^(*)

I shall take full responsibility for the above statements and guarantee to practice construction activities in accordance with the issued certificates and relevant law provisions.

Notes:

 (*) Specify practice areas as prescribed in Clause 1, Article 3 hereof and classes for conversion.

Annex 12

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------

WRITTEN REQUEST FOR PUBLICATION OF INFORMATION ABOUT CONSTRUCTION CAPACITY

Respectfully addressed to: (Name of competent agency)

1. Full name: ………………………………………………………………………………………

2. Date of birth: ……………………………………………………………………….

3. Permanent residence: …………………………………………………………………………

4. ID card/passport number: …………..Date of issue: ………..Place of issue: ..........

5. Phone number: ……………………………. Email: …………………………………………

6. Professional qualifications: ……………………………………………………………………

 (Specify diplomas and training certificates …)

7. Workplace: ……………………………………………………………………………….

8. Number of years of experience in construction: ……………………………

I guarantee that all above statements are true and take full responsibility to the law for any wrong statement.

Annex 13

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

WRITTEN REQUEST FOR PUBLICATION OF INFORMATION ABOUT CONSTRUCTION CAPACITY (used for organizations ^(*))

Respectfully addressed to: (Name of competent agency)

1. Name of organization: …………………………………………………………………………

2. Address of headquarter: ………………………………………………………………………

Phone number: ………………………………… Facsimile: ……………………………………

Email: ………………………………………….. Website: …………………………………….

3. Addresses of representative offices, branch offices (if any): …

4. Legal representative:

Full name: ………………………………….. Business position: ………………………………

5. Establishment decision:

No.: ……………..Dated: ……………………… Issued by: …………………………

6. Business registration certificate:

No.: Date of issue: … ………………… Issued by: ...................................

7. Charter capital: …………………………………………………………………………………..

8. Number of important personnel of the organization: …………………persons.

In which:

+ Postgraduate level: ….persons

+ Tertiary level: ….persons

9. Information proposed for publication:

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……………………………………………………………………………………………………

I guarantee that all above statements are true and take full responsibility to the law for any wrong statements.

Notes:

 ^(*) This form is intended for organizations involved in construction activities outside areas requiring practice certificates and foreign contractors engaging in construction in Vietnam.

Annex 14

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

EVALUATION CRITERIA FOR CONSTRUCTION CAPACITY OF ORGANIZATIONS

1. CONSTRUCTION SURVEY ORGANIZATION

2. CONSTRUCTION PLANNING CONSULTANCY

3. ORGANIZATIONS PERFORMING FORMULATION AND VERIFICATION OF CONSTRUCTION INVESTMENT PROJECTS

4. ORGANIZATIONS PERFORMING CONSTRUCTION DESIGN AND VERIFICATION

5. PROJECT MANAGEMENT CONSULTANCY

6. ORGANIZATIONS PERFORMING CONSTRUCTION SUPERVISION AND INSPECTION

7. ORGANIZATIONS PERFORMING CONSTRUCTION WORK

8. CONSTRUCTION COST MANAGEMENT ORGANIZATIONS

Notes:

 ⁽¹⁾ Organizations that meet the criteria "Number of implemented works and contracts" shall achieve 10 points; One point shall be added for each extra work, contract but no more than 15 points in total.

 ⁽²⁾ If organizations request the issue of capacity certificates for no more than two construction practice areas as prescribed in Point c, Clause 1, Article 10 hereof, the score is 10 points/person (Classes I, II), 20 points/person (Class III).

 ⁽³⁾ If organizations request the issue of capacity certificates for no more than two construction practice areas as prescribed in Point c, Clause 1, Article 10 hereof, the score is 5 points/person (Classes I, II), 10 points/person (Class III).

Annex 15

 (Enclosed with the Ministry of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016)

Respectfully addressed to: Construction Management Department – Ministry of Construction

Pursuant to the Law of Construction No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on investment project management;

Pursuant to the Minister of Construction’s Circular No. 17/2016/TT-BXD dated June 30, 2016;

Pursuant to the Decision No. ………issued by (Name of the issuing agency) on the establishment of the Testing Council;

Based on the results evaluated by the Testing Council in the testing dated ....

 (Name of the issuing agency) would like to request the Construction Management Department issue the capacity certificate codes to …^(*) organizations that have met following requirements:

Notes:

 ^(*) Specify the number of organizations that have met requirements for the issue of capacity certificates.