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Monday, 28/06/2021

Key takeaways about construction practicing certificate according to Decree 15/2021/ND-CP guiding the contents of the Law on Construction (as amended)

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Decree 15/2021/ND-CP issued by the Government on 3 March 2021 detailing the contents on management of construction projects of the Law on Construction 50/2014/QH13 issued by the National Assembly on 18 June 2014 (amended on 17 June 2020) (“Decree 15”). Decree 15 takes effect from 3 March 2021, replacing Decree 59/2015/ND-CP issued by the Government on 18 June 2015 and Decree 42/2017/ND-CP amending Decree 59/2015/ND-CP issued by the Government on 5 April 2017 on management of construction projects.

Construction practicing certificate for individuals being Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam to hold certain positions or practice independently (“Practicing Certificate”) is regulated under Decree 15 with the following key takeaways:

  • Positions requiring the Practicing Certificate. (i) Construction survey manager; (ii) construction planning design personnel/manager; (iii) construction designs/construction designs appraisal personnel/manager; (iv) chief supervisor/supervisor; (v) personnel for managing construction investment costs; and (vi) project manager according to Article 3.13, 3.14, 3.15 and 3.17 of Decree 15.
  • Issuance of the Practicing Certificate. According to Article 63.1 of Decree 15 including: (i) applying for the Practicing Certificate for the first time or adjusting the Practicing Certificate rank; (ii) applying for renewal of the Practicing Certificate; (iii) applying for amendments of contents of the Practicing Certificate; (iv) applying for reissuance of the Practicing Certificate in case the old unexpired Practicing Certificate is lost or damaged or misstated; or (v) applying for conversion of the practicing certificate of foreigners or overseas Vietnamese with a practicing certificate issued by foreign authorities or organizations according to Article 62.2 of Decree 15.
  • Renewal of the Practicing Certificate. (i) the individual shall apply for renewal of the Practicing Certificate within 3 months before the expiry date of the Practicing Certificate according to Article 63.4 of Decree 15 (the individuals are still required to take the test for issuance of the Practicing Certificate with exemption from professional knowledge test according to Article 77.3 of Decree 15); (ii) after such period, if the individual would like to continue to practice construction activities, the individual shall proceed as applying for the Practicing Certificate for the first time or adjusting the Practicing Certificate rank according to Article 63.4 of Decree 15 (the individuals shall take the test for issuance of the Practicing Certificate for all legal knowledge and professional knowledge according to Article 77.3 of Decree 15).
  • Transitional clause. (i) The individuals who have been granted the Practicing Certificate with a definite term according to Law on Construction 2003 are permitted to use the Practicing Certificate up to its expiration date according to Article 110.10 of Decree 15; (ii) The individuals who have been granted the Practicing Certificate according to Law on Construction 2014 before the effective date of Decree 15 (i.e. 3 March 2021) are permitted to use the Practicing Certificate up to its expiration date according to Article 110.11 of Decree 15; và (iii) The individuals have submitted the application for issuance of the Practicing Certificate before the effective date of Decree 15 (i.e. 3 March 2021) shall comply with Decree 100/2018/ND-CP issued by the Government on 16 July 2018 according to Article 110.12 of Decree 15.

Reported by Nguyen Chau Phong/Nguyen Tuan Phat (Legal Department of PECC3)

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