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Decision 15/2005/qđ-Bxd: About Issuing Practising Certificate Regulation Of Architects, Engineers, Building Activity

Original Language Title: Quyết định 15/2005/QĐ-BXD: Về việc ban hành Quy chế cấp chứng chỉ hành nghề Kiến trúc sư, Kỹ sư hoạt động xây dựng

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The DECISION of the MINISTER on CONSTRUCTION regulation certificate of practice of architects, engineers, construction activities CONSTRUCTION MINISTER pursuant to Decree No. 36/2003/ND-CP on 04/04/2003 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction;
Proposal of the Director General, Legal Affairs, of the DECISION: article 1. Attached to this decision, "practising certificate regulation of architects, engineers, building activity".
Article 2. This decision has the effect after 15 days from the date The quote and replace decision 91/BXD-Tel 16/4/1993 of the Ministry of construction issued a regulation on practicing architects and decision No. 23/2000/QD-BXD dated 13/11/2000 of the Ministry of construction issued a regulation granting the certificate of practice design works.
Article 3. Ministries, ministerial agencies, government agencies, the central organs of the unions, the people's committees of provinces and cities under central and the Organization, individuals are responsible for implementation of this decision.
 
PRACTISING CERTIFICATE REGULATION of ARCHITECTS, CONSTRUCTION ENGINEERS (attached to decision No. 15/2005/QĐ-BXD dated April 25, 2005 the Minister of construction) chapter I GENERAL PROVISIONS article 1. Scope this regulation rules on certificate of practice for architects, engineers, construction activity according to the provisions of article 49, article 50 and article 51 of Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction; the rights and obligations of organizations and individuals involved in the provision of professional architects, engineers, construction activities.
Article 2. Application object 1. Professional architects, building activity, professional engineer construction activities for individual citizens, Vietnam Vietnam who settled in foreign, alien lawful action in Vietnam need to be certified, are eligible under the provisions of article 7 and have the records prescribed in article 8 of regulation This time.
2. Individuals must have the certificate of practice match as the job title: Chairman of the plan design construction, chaired the specialized design in construction plan; the Chairman of the projects of construction design, chaired the design expertise in projects of construction design; the Chairman of the building survey; independent practice personal planning design build, construction survey consultant, designed the building.
3. Individuals are public servants are working in the State administrative agencies shall not be granted a certificate of practice under this regulation; the case of these individuals had previously been granted the certificate of practice shall during the time worked in the State administrative agencies may not use that certificate to practice.
4. foreign individuals or foreign settlement in Vietnam if there was practice by the Agency, foreign organizations, recognized to practice. Held direct management or hire these individuals have a responsibility to check and record the content base in their practice to rent or make the active work to build capacity in the conditions of guarantee in accordance with the provisions of the law. Foreign individuals or foreign settlement in Vietnam, if not yet practice certificate must apply for certificates of practice according to the provisions of this regulation has been recently assumed the position stated in paragraph 2 of this Article.
Chapter II ORGANIZATION CERTIFICATE of PRACTICE of ARCHITECTS, ENGINEERS, CONSTRUCTION ACTIVITIES Articles 3. Professional architects, engineers, building activity 1. Practising certificate issued under this Regulation include 2 types: a) the practice of architects building activity;
b) professional engineer construction activities.
2. Professional architects, engineers, construction activities include the following: a) The information about the identity of the person who issued the certificate;
b) professional training;
c) areas and scope of practice are allowed;
d) the time limit for the value of the certificate;
d other indications).
3. Professional architects, engineers, construction activity by the Ministry of construction, the release of the certificate according to the model in annex No. 3A and 3B of this regulation. Professional architect has a size of 85mmx125mm, hardcover, blue, include the white page 4; Professional engineers have the size 85mmx125mm, hardcover, Brown, include 4 white page.
4. The numbering of certificates: a certificate Number) include two groups:-Group numbers: local area code (province or city level);
-Group second number: order number of the certificate is a four-digit number.
The two groups are connected by hyphens (-).
b) notation for the reissued certificate:-case level first, then again after the second number group to add the letter A;
-The case of the second level after the second number group add B. 5. Professional architects, engineers, construction activities have an effect within a period of five years, upon expiration should do the procedure again.
6. The certificate of practice of architects, engineers, construction activities are activities of practice within the country in accordance with the law.
Article 4. The areas of practice of architects, engineers, building activity 1. The areas of practice operations architects building include: a) planning design construction;
b) architectural design works.
2. The areas of practice operations engineers building include: a) building survey;
b) construction design including: civil, industrial, transportation, irrigation, technical infrastructure works (as stipulated in Decree No. 209/2004/ND-CP dated 16/12/2004 on the management of the quality of construction works);
c) construction works.
Article 5. Certificate authority practice of architects, engineers, building activity 1. The construction management of the certification and the practice of architects, engineers, construction activities within the country; content regulation and issue a certificate of practice of architects, engineers, construction activities; manage the operation of the Web page about the practice of building operations; check the certificate of inspection, according to this regulation.
2. The Director of the Department of construction of the central cities, certificate of practice of architects, construction engineers and operations management practice locally under the provisions of this regulation and the relevant legislation; coordinate with related agencies to check the activities of practice; in collaboration with the Ministry of construction management, operating the site about certification and the practice of building activity.
3. the Director of the Department of construction decided to set up Advisory Board and issued the regulations of the Advisory Council with the content specified in annex 4 of this regulation.
Article 6. Order and procedure for certification of practice of architects, engineers, building activity 1. Practising certificate applicants submit 3 sets of records in accordance with article 8 of this regulation to the Department building where certificate please.
2. The Department building to receive and check the record, additional requirements if the profile is missing or is not valid; Affairs Research Advisory Council and review the records.
3. within 30 working days from the date of receipt of a valid application, review organizations, practising certificate in accordance with the provisions of this regulation.

4. the Director of the Department of construction decide on certification for individuals with conditions specified in article 7 of this regulation; responsible to the Minister of construction, and before the law about his decision.
5. The collection and uses the fees certificate of practice made under the provisions of the Ministry of finance.
Article 7. Conditions of certificate of practice of architects, engineers, building activity 1. Conditions of certificate of practice of architects building activity.
The certificate of practice active architects building must have the following conditions: a) has a right of citizens and have full capacity for civil acts prescribed by law; For Vietnam citizens must have the ID people, for foreigners and people of Vietnam settled abroad must have Passport and residence permit in Vietnam in accordance with the law;
b) has a university diploma in architecture or planning on building legal organization of Vietnam or abroad;
c) has experience in design work for at least five years and has been involved in architectural design at least 5 works or 5 construction plan approved;
d) during occupational activities do not breach causing the problem works;
DD) Has application for certification under the provisions of article 8 of this regulation and have filed the prescribed fee.
2. Conditions of certificate of practice building operations engineer.
The certificate of practice active construction engineer must have the following conditions: a) has a right of citizens and have full capacity for civil acts prescribed by law; For Vietnam citizens must have the ID people, for foreigners and people of Vietnam settled abroad must have Passport and residence permit in Vietnam in accordance with the law;
b) has a university diploma due to Vietnam's legal organizations or foreign countries. Specialized training should match the content please register of practice;
c) Have at least 5 years experience about content please register of practice and has participated in the design or at least 5 survey works;
d) during occupational activity or survey design does not breach causing the problem works;
DD) Has application for certification under the provisions of article 8 of this regulation and have filed the prescribed fee.
Article 8. Application for certificate of practice of architects, construction engineers, application for certificate of practice of architects, engineers, construction activities include the following: 1. Application for a practising certificate according to the model in annex 1 of this regulation, accompanied by 3 photo 3 x 4 size jerseys are taken during the year please register;
2. The recommendation of the Agency, held direct management of certificate applicants or the Committee-level people's communes (communes, wards and towns) place of residence for people who do not work in agencies, organizations;
3. copy of diploma, certificate in relating to the content level of certificate of practice;
4. Affidavit of professional work experience on construction activities according to the model in annex 2 of this regulation, of the Agency, held direct management or professional associations; The signatories confirmed responsible for the honesty of the content validation.
Article 9. Component-level Advisory Council professional architects, engineers, building activity 1. Advisory Board reviews the certificate of practice active architects build number from 5 to 7 members, includes the following components: a) representatives;
b) Vietnam Architects Association representative;
c) represented the urban development planning association in Vietnam;
d) individuals who have been granted the certificate of practice of architects building activity, practice by the prestigious architect of Vietnam or the Vietnam urban development planning introduced.
2. the Advisory Board review certification practice active engineers build number from 5 to 7 members, includes the following components: a) representatives;
b) represented the Association building;
c) represented the Association building Vietnam;
d) representatives of specialized professional associations related to the field, consider the certificate of practice;
DD) individuals who have been granted the certificate of practice building operations engineer, reputable practitioners by building or career disciplines introduced;
e) depending on the particular case, the Director of the Department of construction can invite more representatives from the Department of construction management related professions joins Advisory Board.
3. the Advisory Board has a term of 3 years duration. Regulation of the activity of the Council according to the model in annex 4 of this regulation.
Article 10. Level professional architects, engineers, building activity 1. Professional architects, engineers, construction activity granted in the following cases: a) the old certificate expires;
b) additional content of practice;
c) old ragged, torn certificate;
d) certificate is lost.
2. The conditions to be granted leave professional architects, engineers, building activity: a) Has application a certificate of practice;
b) Have the old certificate, the case takes the certificate must have a verification certificate of the police or local authorities;
c) have the affidavit result of practice under certificate has been issued;
d) does not infringe the provisions of this regulation and the relevant legislation;
DD) for additional content, please practice, then in addition to the requirements mentioned above must have more copies of the diplomas, certificates regarding the content please additional certificates.
3. Within 15 working days from the date of receipt of a valid application, have the responsibility to consider reissuing the certificate for the objects are eligible as defined in paragraph 2 of this Article.
4. in case the certificate is lost or torn need to level again, the content and duration of the new certificate must be recorded in accordance with the content and duration of the old certificate.
Article 11. The rights and obligations of practice certificate applicants architects, construction engineers Who practice certificate, please have the following rights and duties: 1. Required to provide information about the certificate of practice;
2. The complaint, denouncing violations of the provisions of this regulation;
3. Declare the honest application practice certificate as defined in article 8 of this regulation; responsible before the law about the accuracy of records; the prescribed fees.
4. Practice with the right content-level certificate, and perform the work of construction activity in the scope of the certificate and comply with the provisions of the law on construction and other related legislation;
5. don't let others rent, borrow or use the certificate to practice;
6. Not be arbitrarily erasing, fix the certificate;
7. Do not violate the requirements for professional ethics;
8. Presentation of certificate and inspection requirements, check when the competent authority request.
Article 12. Rights and obligations of the Department building in the grant of the certificate of practice of architects, engineers, building activity 1. Establishment of the Advisory Council to the registration record review certificate of practice.
2. Receiving records, if missing or incorrect rules must require additional certificate applicants within 5 days.
3. Certificate of practice for individuals who are eligible under the rules.
4. no certificate of practice for individuals not qualified under the provisions of this regulation.
5. check, active management in local practice.
6. Processed under the authority or the competent agency proposal treats the offense in practice of architects, engineers, construction activities.
7. Provide information for objects related to the grant of the certificate of practice.
8. the original records.

9. Periodically report the Ministry of construction and site management.
Chapter III EXAMINATION, inspection and HANDLING VIOLATION of article 13. Test, inspection 1. The Ministry of construction is responsible for: a) check, inspection of the implementation of this regulation within the country;
b) complaints, accusations about violations of this regulation.
2. The Department is responsible for construction: a) check, active inspection practice of architects, engineers, construction activities within the administrative boundary management by themselves;
b) complaints, accusations by the authority.
Article 14. Handle violation 1. Individuals are granted the certificate if the violation of the provisions of this regulation and the relevant law will be revoked certificates or caution.
a) The following violations will be revoked certificate:-dishonest report in the application for certification;
-Erasing, arbitrarily fix the certificate;
Lend-lease or let others use the certificate to practice;
-Incorrect practice with the content stated in the certificate;
-Violation of the provisions of the law related to building activities entail serious consequences.
b) violations of the obligations of the person practising certificate as defined in article 11 of this regulation but not yet to the level of certificate revocation must be caution. The certificates were caution 3 times will be revoked the certificate.
2. organizations and individuals relevant to the grant of the certificate of practice if the violation of the provisions of this regulation depending on the extent to which violations were disciplined, administrative processing, material compensation or prejudice criminal liability under the law.
Chapter IV article 15 ENFORCEMENT TERMS. Effective enforcement of this regulation be effective after 15 days from the date The quote and make unity within the country.
The Chairman of the architects certificate map has been granted under the provisions of decision 91/BXD-Tel 16/4/1993 of the Ministry of construction issued a regulation on practicing architects and professional design works has been granted by decision No. 23/2000/QD-BXD dated 13/11/2000 of the Ministry of construction issued a regulation granting the certificate of practice set design works are still valued and continued use until expiration indicated on the certificate.