A construction competency certificate is the legal basis for an organization to be permitted to participate in construction activities in accordance with the scope of the granted capacity.
Applying for a competency certificate, especially for Grade III, must be done in accordance with the correct order, procedures, and dossier components as stipulated by law.
The following article provides detailed information on the administrative procedures, dossier requirements, competent authorities, and related content regarding the issuance of construction competency certificates to assist organizations in preparing fully, correctly, and promptly in the process of carrying out the procedures.
1. Implementation Procedure3:
Step 1: The organization submits 01 set of dossiers requesting the issuance of a construction competency certificate directly, via postal service, or online to the Division of Receiving and Returning Results of Administrative Procedures of the Department of Construction where the organization’s head office is located or a qualified Professional Social Organization for Grade III competency certificates.
Step 2: Within 05 days from the date of receiving the dossier, the Department of Construction or the qualified Professional Social Organization is responsible for checking the dossier. If the dossier is incomplete or invalid, they must notify the organization requesting the competency certificate once in writing.
Step 3: Within 20 days from the date of receiving a complete and valid dossier, the Department of Construction or the qualified Professional Social Organization is responsible for issuing the competency certificate.
Step 4: After the certificate is issued, the competent certificate-issuing authority is responsible for posting information about the organization’s construction capacity on its managed website and simultaneously integrating the information on the website http://www.nangluchdxd.gov.vn. The time for posting construction capacity information is no more than 05 days from the date of certificate issuance.
2. Dossier components4:
- An application form which is made using Form No. 03 in Appendix IV of Decree No. 175/2024/ND-CP dated December 30, 2024, of the Government;
- Certified true copy or certified electronic copy: The establishment decision (if available);
- Certified true copy or certified electronic copy: Unexpired decision on recognition of specialized construction laboratory or an agreement on cooperation in carrying out tests serving construction surveys which is signed with a recognized construction laboratory according to regulations of the civil code (for an organization applying for a competency certificate in geological survey);
- Certified true copy or certified electronic copy: Records or contracts on lease or purchase of machines and equipment declared in the submitted application (for an organization applying for competency certificate in construction survey or execution of construction works);
- Certified true copy or certified electronic copy: The competency certificate issued by a competent authority. With respect to an individual holding the position of site manager, the application shall include his/her qualifications appropriate to the tasks that he/she will take charge of as prescribed in Section 07 in Appendix VI hereof, accompanied with the statement which is made using Form No. 04 in Appendix IV enclosed herewith; qualifications of the individuals engaged in performance of tasks;
- Certified true copy or certified electronic copy: employment contracts and social insurance-related documents of the individuals holding job positions of which the holder is required to obtain practicing certificate;
- Certified true copy or certified electronic copy: Documents on split-off, split-up, merger or consolidation (for an organization undergoing split-off, split-up, merger or consolidation as prescribed in the law on enterprises).
3. Processing time:
20 days from the date of receipt of a complete and valid dossier.
4. Administrative procedure processing agency:
Department of Construction, qualified Professional Social Organization.
5. Results of administrative procedure implementation:
Construction competency certificate.
6. Fees and charges:
According to the provisions of Item 21.2, Section III, Table B, Appendix No. 01 of the Law on Fees and Charges of 2015 of the Ministry of Finance.
(3) Article 100 of Decree 175/2024/ND-CP dated December 30, 2024, on Detailing a Number of Articles and Measures for the Implementation of the Construction Law on Construction Activities Management (replacing Decree 93/2019/ND-CP)
(4) Article 99 of Decree 175/2024/ND-CP
Related posts
- Decree No. 16/2022/ND-CP on imposing penalties for administrative violations in construction
- Decree No. 37/2015/ND-CP provides detailed regulations on construction contract
Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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