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Circular 17/2016/tt-Bxd: Guide To The Capacity Of The Organization, Individuals Involved In Construction Activities

Original Language Title: Thông tư 17/2016/TT-BXD: Hướng dẫn về năng lực của tổ chức, cá nhân tham gia hoạt động xây dựng

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CIRCULAR tutorial about the capacity of the Organization, individuals involved in building operation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 50/2014/QH13;
Pursuant to Decree No. 62/2013/ND-CP dated 25/6/2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 59/2015/ND-CP dated 18/6/2015 the Government investment project management construction (hereinafter abbreviated as the Decree 60/CP);
Proposal of the Director General operations management building, construction Minister issued circulars about the capacity of the Organization, individuals involved in the construction activities as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1.     Scope: this circular guidance on capacity building activities, including capacity building activities in practice of the individual; the capacity building activities of the Prosecutor; publication of information on capacity-building activities.
2. Objects: this circular apply to agencies, organizations, individuals in the country; organizations, foreign individuals building activity on the territory of Vietnam.
Article 2. Explanation of terms 1.     The code of practice: the number has 8 digits using professional management empire building activity of the individual (hereafter abbreviated as practising certificate). The code of practice issued by the Ministry of construction and management. Each of the individuals involved in the construction activities when the proposal first practice certificate under the provisions of this circular was issued a code of practice. The code of practice does not change when individuals suggest go back; adjust or practice certificate supplements have been issued.
2. capacity: certificate number is the series of numbers have 8 digits used to Certificate Manager operational capacity building of organizations (hereafter abbreviated as the certificate of competence). Code certificate of competence issued by the Ministry of construction and management. Each participating organization building activity when the proposal first certificate of competency under the provisions of this circular was issued a certificate code capacity. Capacity certificate codes do not change when the Organization grant proposals; adjust or plug-in capacity certificate has been issued.
Article 3. Practice building activities 1.     Individuals under the provisions of paragraph 3 to article 148 2014 construction Law must have the certificate of practice when construction activities in the following areas: a) building survey includes topographic surveys; Geological Survey works; hydrogeology.
b) planning design construction.
c) construction design including architectural design works; the sentence works fin design; design of electricity-electricity works; level design-drainage works; ventilation-heat supply; the design of information network-contact in the construction works; safety design of fire prevention and building construction.
d) construction supervision: supervise the construction works; supervise equipment installation works; installation of monitoring equipment.
building inspection).
e) construction.
2. Individuals practising certificate for one or more of the fields when there is sufficient capacity in the prescribed conditions.
3. eligibility the capacity for individuals in charge of industrial safety work or undertake specialised labour safety in construction works in compliance with the provisions of the law on safety, hygiene and labour.
Article 4. Model of certificate of practice 1.     The certificate of practice is kind of pale yellow cover, size 15x21cm. Specification and content of the certificate of practice prescribed in paragraph 3 of this article, according to the model in annex 5 of this circular.
2. management of the certificate of practice: the number of the certificate of practice consists of 2 groups of symbols, are connected by hyphens (-), defined as follows: a the first Group: 03) characters expressing where certificates are specified in Appendix 7 of this circular;
b) the second group: code of practice.
3. The content of the certificate of practice construction activities include: a) the basic information of the individual certificates: Photo 4x6cm size, full name, date of birth, ID number (ID card or passport);
b) name, signature and stamp;
c) qualification training, training, training facility;
d) areas of practice, types of works (if any), and the duration of practice for each sector to be granted.
Article 5. Practising certificate-authority bodies, organizations that have permeable authorities practice contains: 1. construction management Bureau of the Ministry of construction issued the certificate of practice. 2.     Department of construction of certificate of practice, class II, class III: a) for individuals involved in building activities held with the local headquarters;
b) for individual construction activity independent permanent residence or residence registration.
3. professional social organizations related to construction activities have the range of activities in the country are considered professional level II, III for individuals as its members when it meets the following requirements: a) the eligible Council vetting certificate of practice (hereafter abbreviated as the practising certificate) pursuant defined in article 7 of this circular.
b) Have active regulation of the practising certificate and certificate vetting rules of practice guarantee according to the provisions.
c) meets the facilities serving the test prescribed in paragraph 4 to article 8 of this circular.
d) Has recognised application according to the form prescribed in annex 8 of this circular enclosed copies of records, proof of the conditions stipulated in the Whore a, b and c of this Paragraph Whore Whore posted on the Ministry of construction recognized Emperor eligible certificate of practice. Time to consider and decide on accreditation no more than 20 days from the date of the application.
The decision recognized social organizations eligible profession practising certificate according to the model in annex 9 of this circular.
4. Individual cases suggest they practice only levels with the different class bodies are impervious to the highest certificate authority chaired made go practice for that individual.
5. The duration of practice corresponding to each field of activity of the individual building is 5 years. Upon expiry, the individual need of building operations procedures to practice under the provisions of this circular.
Article 6. Principles for determining the appropriate expertise and time experience review certification practice determining the expertise of trained and experienced time according to the provisions in paragraph 2 of the Decree 59/45 sculptures made of CP to go review the certificate of practice due to the grant of the certificate of practice define and follow the following principles : 1. The expertise of trained individuals determined to be fit when the specialization or the content of the training program of individuals that fit the field suggest practising certificate are specified in article 16 of this circular.
2. time experiences of individuals recommended operating certificate pair is of personal time to officially join the construction activity in the fields match the content of the proposed certificate of practice.

3. for individuals not yet had enough time to experience taking regulatory action since graduation but before that there was an associate or intermediate level and participated in building activity, the time experiences are calculated by the total time that individual participated in building activity since graduating college or intermediate level to consider the evidence only class II and class III practice.
4. for individuals already working in the State administration, the time and the experience is the song of time and personal experience that has participated in the work of State management relevant to the field of practising certificate proposal.
Article 7. The certificate of practice 1.     The certificate of practice by the Agency have the right specified in clause 1 absorbent and item 2 article 5 this circular (hereafter abbreviated as practising certificate authorities) decided to form: a) depending on the field, consider the certificate of practice, certification agency heads practice decide the composition the structure factor and the number of members of the Board for the match, in which the President is the head of the Agency granting them professional, Captain of the members are civil servants, employees of the Agency.
b) The other members join the Board are public servants, officers have specialized match meeting with field review certification practice and professionals have expertise in the field of professional-level review by the President of the Council invited.
2. The certificate of practice prescribed in paragraph 3 article 5 this circular by the head of the professional social organization, decided to establish the organizing members and accord with the field consider the certificate of practice, in which the President of the Council is the leadership and the Commissioner is a member of professional societies organizing.
3. the President of the Council decided to establish the testing Division to the East. Completing parts include the Chief is a member of the Council, other members are civil servants, officers of the Agency granting a certificate of practice or membership of social occupation for certification bodies as occupational social Car.
4. The Council operates under the concurrent mode, working under regulation by the President of the Council decided accordingly to the provisions in Clause 5 of this Article.
5. The model regulations of the practising certificate and certificate vetting rules of practice by the Ministry of construction issued publicly on electronic information page.
Article 8. Test certification practice 1.     Completing the certificate of practice is done in the form of tests.
2. the Proposed measure consists of 15 questions about the professional knowledge and 10 questions about legal knowledge relevant to the field of professional-level recommendations are taken at random from a set of multiple choice questions stipulated in clause 4 of this Sculptor. Maximum test time is 30 minutes.
3. the maximum score for each test subject is 100 points, in which the maximum score for the knowledge portion was 60 points, the maximum score for the legal knowledge is 40 points. Individual test results from 80 points to meet the requirements to consider the certificate of practice.
Individual cases are exempting vetting of expert knowledge, the testing results on legal knowledge must whore from 32 whore over.
4. The multiple choice questions and guidance on infrastructure testing service by the Ministry of construction issued and publicized on electronic information page.
Article 9. Fostering professional 1.     The training facility is eligible under the provisions of article 68 of the Decree 60/CP are organizing professional training on building activity for personal needs.
2. The professional training to keep abreast of the programme framework on professional training of the field related to the activity content built by the Ministry of construction issued.
Article 10. The certificate of capacity-building activities of the Organization 1. The Organization must have the capacity to participate in construction activities in the following areas: a) building survey: surveys; geological survey, hydrogeological works.
b) construction planning.
c) design, infiltration of construction design: architectural design works; structural design works; design of electricity-electricity works; level design-drainage works; ventilation-heat supply; the design of information network-contact in building construction.
d) Establishment, infiltration investigation project to build.
DD) manage investment projects in construction.
e) construction works.
g) construction supervision: supervise the construction works; equipment installation supervision works; installation of monitoring equipment.
h) Engine construction.
I) manage, verify construction costs.
2. An institution may offer certificates of competence to one or more fields that correspond to the different class under the provisions of this circular. Bowl officials not yet eligible certificate of competence is join the activities build the areas specified in this project only requires reporting of technical economic construction investment scale level IV; project repair, restoration and maintenance of works the scale level IV when the person in charge of the areas of expertise of the Organization has the capacity consistent with that field.
3. Foreign organizations are not required to have a certificate of competence as prescribed in this circular when construction activities in Vietnam.
Article 11. Sample certificate of competence 1.     The certificate of competence has a light blue cover, size 21x29, 7 cm. Specifications capacity certificate according to the model in annex 6 of this circular, the content of the certificate of competence as defined in paragraph 3 of this article.
2. certificate of competence management: certificate Number consists of 2 groups of symbols, the groups are connected by hyphens (-), namely: a) the first Group: there is a maximum of 16 characters expressing where certificates are prescribed in annex 7 of this circular.
b) the second group: code certificate of capacity.
3. The content of the certificate of competence include: a) basic information about the certificate: organization name of organization; Corporate code or number of the establishment; name, title of the representative under the law; Head Office address; Office address (if available); phone number; fax number; e-mail address (email); website (if any);
b) scope of activities building (construction field operations, the type of process (if any), and class period);
c) agency name, signature and stamp.
Article 12. Certificate authorities competent bodies competence certification of competencies (here written as certificate authority capacity) are: 1. construction management Bureau of the Ministry of construction issued the certificate of capacity. 2.     Department of building certification class II, class III capability for the organization with headquarters in the administrative areas in the scope of his management.
3. where the proposed organization certificate of competence with the different organs of class certification of competencies for the highest class will perform certification capacity for organizing it.
4. certificate authorities have recovered the right absorbent capacity, level back, adjust, supplement the contents of certificates of competency issued by his organization.

5. The certificate of competence in effect within a period of 5 years. The Organization has capacity certificate has expired or needs adjustment, additional content capability certificate to do the procedure of granting leave under the provisions of this circular.
Article 13. The certificate of competence 1.     The certificate of competence experienced by agency heads the authority as defined in article 12 of this circular formation, in which the President of the Council, Lieutenant officer and the other members are civil servants, staff of subordinate agencies.
2. The Council works in part-time mode and follow the regulations due to the President of the Council decision.
Chapter II CERTIFICATION of PRACTICE CONSTRUCTION ACTIVITIES article 14. Records suggest practising certificate records suggest practising certificate includes the following documents: 1. the recommended Application practice certificate according to the model in annex 1 attached to this circular number 2 color photos 4x6cm size has a white background.
2. Files containing color images taken from the original of the diploma, certificate by the professional legal training.
3. Files containing color images taken from the original of the affidavit of experience have confirmed about the work of the Agency, held direct management or is a member of professional societies organizing (if is a member of professional organizations) according to the model in annex No. 2 to this circular.
4. Files containing color photos taken from the originals of the contract construction activities that individuals have participated in the work or text assigned to the job (assigned) of the Agency, held for individuals related to the content of the Declaration.
5. for individuals are specified in point b of Paragraph 5 article 16 of this circular, the suggested profile coral certificate of practice include: a) the documents prescribed in paragraph 1, item 2, paragraph 3 and paragraph 4 of this Article;
b) files contain color photos taken from the original of the certificate of practice that the suit was seeping right level.
Article 15. Order and procedure of vetting, certification practice 1.     Individuals submit 1 record suggest practising certificate to the competent authority issued the certificate of practice prescribed in article 5 of this circular.
2. During 3 working days from the date of the record, completing parts are responsible for checking the completeness and validity of the records before submitting the certificate of practice to review the decision. The case of missing or invalid records, completing parts is responsible for announcing a Unicorn to personally recommend certification of additional requirements, complete the profile.
3. The test is conducted by the Organization, or local area. Organization time testing is conducted quarterly or irregular due to the grant of the certificate of practice decisions consistent with the recommended certification needs. Before testing on 5th organization, the certificate of practice informed in writing and posted on the website of the electronic certificate authority information on the time, venue and code testing of each individual project.
4. in the maximum period of 3 days from when the testing organization, the certificate of practice is responsible for escorting session, the results of testing of the individual to have the right absorbent Heads decided to grant a certificate of practice. Test results of the individual be reserved during the 6th design from testing.
In the maximum period of 3 working days from the date of the decision to grant the certificate of practice, the Agency issued a certificate of practice submit grant proposal writing certificate code of practice according to the model in annex 10 of this circular to the Ministry of construction to release the code of practice. During 5 working days from the date the text stats suggest, the Ministry of construction is responsible for issuing the code of practice, and make the area of meeting Emperor information management practice has posted information and capacity-building activities of the individual page on the electronic information as specified in paragraph 2 to article 25 of this circular.
Competent authority certificate of practice is responsible for issuing the certificate of practice for individuals who have been granted the certificate code of practice.
5. The collection and use of the cost of testing performed according to the regulations of the Ministry of construction; the fee for the certificate of practice made under the provisions of the Ministry of finance. Recommended personal certificate must complete the obligation to submit the costs and fees when filing suggest practising certificate. Costs and fees are not refundable in any case.
Article 16. Professional level and time experience on the basis of the principle that the provisions of article 6 of this circular and the records suggest practising certificate, the certificate of practice review, the actual capacity rating for each field below to the Chairman to decide , specifically: 1. With respect to the field of practice building a survey) surveys: individuals with professional level training in geology; surveying or construction, when there is enough time and practical experience to participate or do the owner surveys prescribed in clause 2 Article 46 the Decree 60/CP, was granted the certificate of practice surveys.
b) survey, hydrogeological works: individuals with professional level training in geology, with enough time and experience real participation or Dean, geological survey hydrology chât works as prescribed in clause 2 Article 46 the Decree 60/CP, was granted the certificate of practice survey , hydrogeological works.
2. for the field of practice planning design build qualified individuals in University majoring in architecture; construction planning; the technical infrastructure of the municipality; the urban economy or majors match the requirements of the construction plan, with enough time and practical experience to join or host designed the building plan as specified in paragraph 1 to article 47 Decree 59/CP, was granted the certificate of practice planning design construction.
3. With regard to the field of design, design verification built a) architectural design works: individuals with professional level training in specialization in architecture, with enough time and practical experience to participate or lead the design; chaired permeability; impervious design works architecture as defined in clause 2 Article 48 decrees 59/CP, was granted the certificate of practice architectural design works.
b) structural design works: individuals with professional level training in specialized construction, when there is enough time and practical experience to participate; Chairman; hosted or permeability of design projects of construction design type as specified in paragraph 2 to article 48 decrees 59/CP shall be granted a certificate of practice to design structures that kind.
c) for individuals with professional level training in other disciplines related to design engineering systems such as electricity-electricity works, water supply, ventilation-heat supply network, the info-communications, fire-and explosion prevention of construction works: permit the content must match the specialization are trained based on the time and practical experience that individuals that have participated in the design.
4. With regard to the field of practice construction supervision

a) supervise the construction: qualified personal training in specialized construction, when there is enough time and practical experience to join design, execute, supervise the construction type as specified in paragraph 2 to article 49 Decree 59/CP, was granted the certificate of practice supervise construction of that kind.
b) "monitoring equipment installation works" and "equipment technology": individuals have the level of training in the disciplines such as electrical, mechanical, ventilation-heat supply, water supply, air-conditioning, information network-contact, fire-and explosion prevention of construction works and the specialization of other suitable When there is enough time and experience to participate in the work of the monitoring areas shall be granted a certificate of practice to monitor "equipment installation works" or "tech" equipment installation or both this content.
5. for auditing practice field built a) individuals not yet have professional supervision of construction or building design, has a level of training in specialized construction, when there is enough time and experience real work as defined in paragraph 1 to article 50 of the Decree 60/CP of any kind shall be granted a certificate practice of the construction control for that type of work.
b) individuals have had the practice of monitoring the construction or building design in the field of structural design of works under the provisions of this circular shall be granted a certificate of practice building control corresponds to the type and class of works stated in the certificate was issued.
6. With regard to the field of construction practice qualified personal training in economics or engineering and have the time, experience made the relevant work to manage the investment costs of building works in accordance with item 2 Article 52 Decree 59/CP, was granted the certificate of practice construction.
Article 17. Level again or adjust, supplement the contents of certificates of practice 1.     The certificate of practice issued or adjusted, the plug-in content in the market after the meeting: a) the old expired certificate.
b) adjust the plug-in content, practice.
c) old ragged, torn certificate.
d) certificate is lost.
2. Emperor conditions level again or adjust the plug-in content, practice: a) Has recommended single level again or adjust, additional content practice according to the model in annex 1 of this circular, filed at the Agency have permeability authorities practice;
b) Have the old certificate for the old certificate case broke, ragged or suggest additional content levels of practice or the old certificate has expired;
c) have a copy of the diploma, they and the affidavit of experience pertaining to the suggested additional content field operations for levee Conference cases adjust, additional content of practice;
d) does not infringe the provisions of the construction activities and relevant legislation.
3. the review procedure in order to grant leave or adjust, adding professional content: a) for cases prescribed in Points a and b of Paragraph 1 of this article: the sequence and time granted them only as practice for new grant proposals.
b) for cases stipulated in Points c and d of Paragraph 1 of this article: the order made as for meeting new levels but does not require testing, time taken considering the level not exceeding 25 days for class I certificate, not more than 15 days for class II and III certificate.
4. content and duration of the practice as follows: a) according to Records of the content and duration of the old practice only for cases of lost or torn, ragged.
b) additional contents of practice, according to the term of the certificate of practice for old cases adjust, plug-in the baggage content pair.
c) for cases to expire the contents and the duration stated in the certificate of practice shall be as prescribed for cases of new levels.
5. The authority granted; adjust the additional content, certificate of practice made under the provisions of article 5 of this circular.
6. Individuals should complete the obligation to file charges and fees when submitting preliminary coral de Conference level again or supplement the content of certificate of practice. Fees and charges not refundable in any case.
Article 18. Practice of foreign individuals 1.     Practice of the individual is of foreign or Vietnam people settled abroad (hereinafter abbreviated to foreign individuals) are made according to the provisions in paragraph 2 to article 44 of the Decree 59/CP. 2.     Meeting foreign individual school building activities in Vietnam under 6 month certificate of practice by the Agency, foreign organization level must be legalized consular, translated into Vietnamese and be notarized, certified in accordance with the law of Vietnam.
3. foreign individual cases building activity in Vietnam from 6 months or more must make for a certificate of practice under the following regulations: a proposal for trip records) include:-form change of practice according to the model in annex 11 of this circular;
-a copy of the certificate of practice, certified professional training have been legalized consular, translated into Vietnamese and be notarized, certified in accordance with the law of Vietnam;
-a copy of the French meeting papers about the residence or work permit the permeability of Vietnam and passport rights endorsement as prescribed;
-A declaration of experience performing the work related to the field trip suggestions for practice during the minimum 7 years for grades I, II class for 5 years, 3 years for class III until the recommended conversion practice according to the model in annex No. 2 to this circular.
b) sequence, procedures convert the certificate of practice:-individual grant proposal submission move for providing certificates by post or directly at the Ministry of construction;
-in time 7 working days from the date of the application, the Ministry of construction is responsible for checking the adequacy of the record and a notification to the individual recommendations in the case of records missing or not qualified to review;
-in the period up to 30 days from the date of receipt of a valid application, the certificate of practice is responsible for the review, the actual capacity rating of the individual to the Ministry of construction decided the level switch for the certificate of practice.
c) the assessment of the competence, level switch for providing certificates for foreign individuals to comply with the provisions of article 16 of this circular that corresponds to the field that building activities that individual recommendations.
d) individuals suggest switching duty practising certificate fees certificate of practice under the rules.
4. The time limit for the practice of building activity in Vietnam by foreign individuals is determined by the duration of the work permit issued by the competent authorities not to exceed 5 years. Upon expiry, foreign individuals wishing to continue to practise in Vietnam made the grant of the certificate of practice again under the provisions of Paragraph 3 of this article.
5. for individual citizenship in other countries, if the international treaties to which Vietnam is a member, there are other provisions with the provisions of this circular shall follow the provisions of international treaties.
Article 19. The rights and obligations of individuals practising certificate proposal

1. the recommended personal certificate of practice building activity have the following rights: a) asked to be provided with information about the certificate of practice;
b) Are practice activities built on nationwide according to the prescribed content recorded on the certificate; practicing permeability the appropriate work content corresponds with the field recorded on the certificate;
c) complaints, accusations of violations of the provisions of the law on the grant of the certificate of practice.
2. the recommended personal certificate of practice building activity have the following obligations: a) to declare truthfully records suggest practising certificate as prescribed in this circular; responsible before the law about the accuracy of the content in your profile, submit the prescribed fees;
b) practice properly with the field, scope of activity recorded on the certificate of practice issued, compliance with the provisions of the law on construction and other related legislation;
c) is not for others to rent, borrow, use certificates of practice issued;
d) are not erased, corrected the certificate of practice;
DD) compliance with professional ethics;
e) presented the certificate of practice and observance of the requirements of the inspection, test when the Agency has the right to question repellent.
Chapter III CERTIFICATE of CAPACITY BUILDING ACTIVITIES in article 20. Records suggest that capacity certificate profile recommended capacity certificate includes the following documents: 1. the recommended Unit capacity certificate according to the specimen in Appendix 3 of this circular.
2. Files containing color images taken from the original of the certificate of registration of business or decide to establish organizations; a management process make the work; quality management system corresponds to the recommended areas of competence certificate.
3. Files containing color photos, taken from a list of key individuals, staff, technical workers (if any) relevant experience and paying the construction activities of the Organization as specified in annex 4 of this circular number attached to the diploma, certificate and the labour contract of the private key , technical workers (if applicable) pertaining to the suggested content competency certificate; the contract and the minutes of trials completed were done (each field and type not too 3 contract, 3 minutes of test completion of typical jobs have done).
4. Files containing color photos taken from the originals of the Declaration means adjust in time, until certification proposal capacity, machinery, equipment and computer software related to suggested areas of the Organization's certificate.
Article 21. Order capacity certificate procedure 1.     The organization suggested the sending capacity 11 certification record as defined in article 12 of this circular by post or direct to the authorities right absorbent capacity certificate.
2. During 10 days from the date of the application, the Agency has the right absorbent capacity certificate is responsible for checking the completeness and computer records of the meeting. The meeting school profile is missing or is not valid, the Agency had raised capacity certificate once notice in writing to the organizing conference capacity certificate go dyke on the requirement profile modifier or organizing welfare check de verify the profile if necessary.
3. The Organization reviews, certification of competence: a) the certificates of competence are responsible for assessing the capacity building activities of the Organization as specified in article 22 of this circular process capability certification agency decisions.
Time evaluation, certification of capacity not exceeding 15 days with only the I class capacity; 10 days for first class capacity certificate II and III stats from getting enough of meeting records.
b) during a maximum of 3 working days from the date of the decision to grant the certificate of competence, the Agency issued a certificate of competence as defined in clause 2 article 12 this circular are responsible to submit the grant proposal writing certificate code capacity according to the model in annex 15 to this circular to the Ministry of construction. During 5 days from the date of the proposed text, the Ministry of construction is responsible for issuing the certificate code capacity, at the same time implementing the integrated information to management, certificate lookup capability and information disclosure the capacity building activities on electronic information page of the Ministry of construction as defined in item 1 Article 26 of this circular.
4. The collection and uses the fees certificate of capacity (including the case suggest granting additional or construction field operations) made under the provisions of the Ministry of finance. The suggested organization certificate have the obligation to submit certificate fee when filing capacity. The fee is non-refundable in any case.
Article 22. Reviews, certificate of capacity building activities 1. The certificate of competence is responsible for assessing the capacity building activities of the organization according to the method of calculation set forth in annex 14 to this circular for making certified facility capacity. The award organization works to build high quality prize package or build a high quality in the field of competency certification proposal be plus a maximum of 10 points, but the total score no more than 100 points.
2. the competent authority issued the certificate of competence to decide the grant of the certificate of competence after the results of the evaluation of the Board.
Article 23. Level again or adjust, additional capacity certificate contents 1.     Certificate of competence issued or adjusted, the plug-in content in the market after the meeting: a) the old expired certificate.
b) adjust, additional active content.
c) old ragged, torn certificate.
d) certificate is lost.
2. Conditions for granting leave or adjust, supplement the contents of certificates ỉực skills: a) Has recommended single level again or adjust, additional content capability certificate according to the specimen in Appendix 3 of this circular sent by post or submitted directly at the Agency have issued the certificate;
b) Have the old certificate for the old certificate case broke, ragged or suggest additional adjustment, active content or old certificate has expired;
c) Have the documents as specified in the item 2, Clause 3 and clause 4 article 20 this circular with regard to the case suggest adjustments, active content modifier;
d) does not infringe the provisions of the construction activities and relevant legislation.
3. The time limit for review again or adjust, additional capacity as the certificate content rules for meeting the new level field.
4. content and duration of the certificate in the capacity as follows: a) according to Records of the content and duration of the old certificate with regard to the case of missing or torn, ragged.
b) additional active content, according to the term of the old certificate with respect to the case suggest adjustments, additional active content.
c) for cases to expire the contents and the duration stated in the certificate shall be as prescribed for cases of new levels.
5. the authorities back, adjust, additional potential certificate ỉực content made in accordance with article 12 of this circular.
Article 24. Rights and obligations of the organization recommended certification of competencies 1.     The organization recommended capacity certificate has the following rights: a) asked to be provided with information about the certificate of capacity;
b) acted elaborate on nationwide according to the prescribed content recorded on the certificate of competence;
c) complaints, accusations of violations of the provisions of the law on granting and use of certificates of competence.

2. the proposed organization of the competency certificate has the following obligations: a) honest report suggested record certificate of competency under the provisions of this circular; responsible before the law about the accuracy of the content in your profile, submit the prescribed fee.
b) works properly with the field, scope of activity recorded on the certificate of competence is granted, in compliance with the provisions of the law on construction and other related laws.
c) are not erased, corrected certificate of capacity.
d) legal representative of the Organization to present the certificate of competence and compliance inspection requirements, check when the agencies have the right dog repellent.
DD) notice to Agency certificate of capacity when there are changes related to capacity building activities.
Chapter IV POSTING the INFORMATION CAPACITY and FOSTERING PROFESSIONAL SERVICE CONSTRUCTIVE ACTIVITIES article 25. Posted rules load information about the capacity of the Organization, the individual building activity 1.     Organizations, domestic and foreign individuals involved building activity in Vietnam under the provisions of Clause 21 Article 3 of law build 2014 is responsible for publicizing information on capacity-building activities under the provisions of this circular.
2. Organizations and individuals have the capacity certificate, certificate of practice as prescribed in this circular are publicizing the private information on the capacity of electronic certificate authority.
3. the competent authority in accordance with paragraph 1 Article 69 Decree 59/CP review, check when the need for information on the capacity building activities of organizations and individuals to post public information on electronic information page by the governing body.
4. All information on the capacity building activities of the Organization, individuals are posted on the electronic information page of the build Facility must be built on the trip to review, data integration and electronic information management by the Ministry of construction as the basis of lookup , select the Organization, individuals involved in construction activities within the country.
Article 26. Posting of information capacity building activities 1.     Within 7 days from the date of issue of certificate of practice, competency certificates, certificate authorities and the Ministry of construction is responsible for posting information on the capacity building activities of individual organizations to up its electronic information management.
2. Faculty of organizing professional training on building activity posted proposal submission information on The building for review, posted on electronic information Page of the Ministry of construction, include the following documents: a) A suggested posting the information according to the model in annex No. 12 this circular;
b) a copy of the diploma of professional training in accordance with the content taught;
c) affidavit of qualification, experience of professional activity in the lordship according to the model in annex No. 2 to this circular.
3. The participating organizations of the construction activity outside of areas that require the certificate of competence and foreign contractors involved in construction activities in Vietnam posted proposal submission information at the Ministry of construction to be reviewed, posted on electronic information Page of Ministry of construction , including the following: a) A suggested posting potential information ỉực construction activities according to the model in annex 13 of this circular;       
b) a copy of the certificate of registration of business or investment certificates or equivalent documents held by the Agency have the right absorbent;
c) files contain a color image format scan or other format (*.pdf) diploma, certificate, certificate of practice, the labor contract of the individual presiding over the Division in organizing;
d) files contain a color image format scan or other format (*.pdf) contract and the minutes of trials completed made (each field of no more than 3 of the contract, 3 minutes of trials of typical job completion). Where necessary, the competent authority may require the Organization, individuals proposed posting information provided the original document to compare.
DD) the document of the foreign contractor specified in point b, point c of this paragraph must be French consular chemistry meeting and translated into Vietnamese be notarized, certified in accordance with the law of Vietnam.
4. During the 7 day ke receiving records, the Ministry of construction announced once in writing to the Prosecutor, personally prescribed in clause 2, paragraph 3 of this article the perfect profile if the profile is incomplete or not valid. During 15 days from the receipt of a valid application, the Ministry of construction is responsible for considering posting information on the website of the Ministry of construction.
5. Content posted information on the capacity-building activities such as the following: a) for individuals: first and last name, year of birth, permanent address; qualification, the certificate number, and areas of practice.
b) for organizations: name of organization, address of Head Office; legal representative; the decision established; business registration certificate; the number of individuals take key titles; capacity certificate class was granted or active capacity range corresponding to each sector. Bowl officials have the right to suggest posting additional information on a number of projects projects by type, the scale has been made, forms of participation, the work performed, form rewarding.
Article 27. To change additional information, capacity building activities 1.      During 15 days from when the Organization, individuals have changed, adjust the information that has been posted then held individuals responsible for providing the content adjusted in writing attached files contain a color image format scan or other format (*.pdf) document related agencies have posted information to consider adjustments.
2. In the time up to 15 days after receiving the information, the Agency has posted the information have a responsibility to check and upload the information to the Organization, individuals on its electronic information management.
Article 28. Remove the information capacity-building activities of the Organization, the individual who posted the airline 1.     Organization, removed personal information capacity building activities when in violation of any of the following acts: a) provided the information is not correct or change the information but not declared, according to the report the provisions; violation of article 25 paragraph 1 provisions of this circular.
b b) misconduct in investment construction.
c) join building activity exceeds the capacity condition.
2. the posted agencies responsible capacity information notice in writing and on its electronic information page the violations of individual officials. Within 30 days from the date of sending the notification, if held, no personal explanation, remedy the breach removed information that has been posted.
Article 29. Records posted 1.      The Agency posted the information capacity is responsible for filing was posted to serve additional checks and the posted information as needed.
2. An archive including the material contained in the record to suggest practising certificate, certificate of competency; recognition of professional training organization of construction activities; posting of information according to the provisions of this circular.
Chapter V IMPLEMENTATION article 30. State management on operational capacity building 1.     The construction of governance capability building activities include: a) instructions, check and process violations relating to the implementation of this circular within the country.

b) issued the framework program fostered professional expertise on construction activities; published, updated and adjusted the trăc test questions serve the practising certificate;
c) issued the model regulations of the practising certificate, the certificates of competence;
d) Issued the code of practice certificate, certificate of capacity-building activities within the country.
DD) the posted information management capacity building activities within the country.
e) decided the level switch for the certificate of practice of foreign individuals building activity in Vietnam.
g) assigned to the professional bodies of the construction Department of the building made the content according to the provisions of this circular.
2. The traffic management Bureau building construction activities performed the following tasks: a) is the focal agency management and professional codes and the code number of the certificate of competence within the country; levels, adjust, add, again, practicing certificate revocation, certificate of competency and posting of information capacity-building activities under the provisions of this circular; handling of the breach of the condition of capacity building activities according to the permeability;
b) summing practising certificate, the certificate of capacity-building activities on nationwide.
4. the local construction Department a) implement the provisions on the management condition of capacity building activities under the provisions of this circular.
b) levels, adjust, add, again, practicing certificate revocation, certificate of class II, class III capability and capacity information of the posted construction activity according to the provisions of this circular.
c) test, the Inspector on the capacity building activities of organizing and individuals in administrative boundary; handling of the breach of the condition of capacity building activities according to permeability.
d) periodically before December 15, annual or irregular construction Ministry report about the situation of practising certificate, certificate of competence of the posted information, capacity building activities and management capacity building activities at the local level.
Article 31. Handle forward 1.     Before September 1, 2016, the grant of the certificate of practice of individual reviews of the capacity building activities of to servants and public information on the capacity building activities of the Organization, individuals involved in construction activities performed as specified in circular No. 12/2009/TT-BXD dated June 24, 2009 by Ministry of construction detailed instructions about certification practice of construction activities; Circular No. 05/2009/TT-BXD dated 26 May 2010 of the Ministry of construction guide on training construction professional and certified construction engineers; Circular No. 03/2009/TT-BXD DATED July 6, 2009 by Ministry of construction stipulated details about the condition of capacity building activities and circular No. 11/2014/TT-BXD dated 25 August 2014 of the elaborate public information about capacity building activities of the Organization , individuals involved in construction activities.
2. Rules of practice were the competent bodies of the level before the time this circular effect: a) for practising certificate has a validity period records the individuals continued to use until it expired. For the certificate of practice does not record the validity period, the individual continued to use until the end of June 30, 2018.
b) Ke from this circular effect, individuals have the certificate of practice prescribed in this Clause if a Whore that needs the modified tour practice shall follow the provisions of Paragraph 3 of this article.
3. The conversion of the certificate of practice shall be as follows: a) individual filed 01 record suggest converting the certificate of practice about the Agency has issued certificates of practice, including: flight form for the certificate of practice according to the model in annex 11 of this circular; files containing color images taken from the original of the certificate of practice remaining old shelf; files containing color images taken from the original of the affidavit of professional work experience in construction activity as defined in article 14 paragraph 3 of this circular.
b) determine the qualifications and experience of time involved building activity corresponds to the professional class suggest specialized change made under the provisions of clause 2 Article 45 Decree 59/CP and article 6 of this circular.
c) sequence, testing procedures, the certificate shall be as prescribed for cases of new levels. Individuals recommended practice conversion was long content vetting of expert knowledge.
Article 32. Handle violation 1.     Violation: a) individual organizations do not perform the obligation prescribed in clause 2 article 19 and article 24 item 2 of this circular.
b b) misconduct in investment construction.
2. Form processing: a) Organization, individual violations of the provisions of Paragraph 1 of this article shall not be granted or revoked certificates, remove information capacity building activity during 1 year from the date of detection of violations.
b) apart from being revoked certificates, depending on the degree of violation of personal violation, organizing also sanctioned administratively, damages or prejudice criminal liability under the law.
3. handling rights violation of Permeability: a) the Agency has the right to practice certificate permeable, certificate of processing capacity for the meetings violation violation prescribed in clause 2 of this Thing a Courtesan.
b) bodies are impervious to the rights under the provisions of law handling violation for violations of the provisions in Paragraph 2 b of this Whore.
Article 33. Effect 1. This circular has effect from 1 September 2016. Private prescribed in clause 1 article 31 of this circular in force from the date of the circular was issued.
2. From the date of this circular effect the enforcement of the provisions of the circular: circular No. 12/2009/TT-BXD dated June 24, 2009 by The build instructions for details of certificate of practice construction activities; Circular No. 05/2009/TT-BXD dated 26 May 2010 of the Ministry of construction guide on training construction professional and certified construction engineers; Circular No. 03/2009/TT-BXD DATED July 6, 2009 by Ministry of construction stipulated details about conditions in the capacity-building activities; Circular No. 25/2009/TT-BXD dated July 29, 2009 by Ministry of construction guide on improving project management of construction works and supervision of building works and circular No. 11/2014/TT-BXD dated 25 August 2014 of the elaborate public information about capacity building activities of the Organization personal participation, investment and construction activity.
3. The central organ:, ministries, ministerial agencies, government agencies; Provincial people's Committee, the central cities; organizations and individuals involved in building and operating the Organization, individuals are responsible for implementation of the guidelines of this circular.