According to Article 4 of this Circular, corresponding to each class and area under request for the issue of the construction capacity certificate, each enterprise must have individuals taking up positions that require practice certificates and individuals participating in performance of tasks with appropriate specialties.
Each individual may take up one or more positions that require practice certificates if they concurrently satisfy capacity requirements of such positions.
Especially, with regard to foreign contractors, this Circular removed the requirements of operation license and capacity certificate when they engage in construction activities in Vietnam (Clause 5 Article 4 and Article 5)
This Circular takes effect from November 20th, 2018 and replaces Circular No. 17/2016/TT-BXD dated June 30th, 2016.
Article 1, Article 2 of Circular No. 24/2016/TT-BXD dated September 1st, 2016; Articles 2, 3, 10, 11, 12 of Circular No. 14/2016/TT-BXD dated June 30th, 2016 shall be abolished.
Accordingly, in the cost structure of total construction investment, there is no content about costs of value of invention (costs of scientific and technological research). As the result, the costs of scientific and technological research relating to the project (if any) belong to other costs in the total construction investment as prescribed in Article 3 of Circular No. 06/2016/TT-BXD.
Conditions, procedures for and competence to issue, revoke a construction practicing certificate; construction design, supervision, inspection and evaluation are also amended, supplemented in comparison with the earlier regulations (Clauses 3, 4, 5, 6, 7, 8 and 9 Article 1 of this Decree).
With regard to the certificate of eligibility for construction activities, this Decree increases its valid duration from 5 years to 10 years (Clause 20 Article 1).
Relating to foreign contractors, under this Decree, a foreign contractor has to establish an executive office in the area where the project is executed. Regarding the contract on planning formulation, construction project formulation, construction survey or construction design, the foreign contractor may establish an executive office in the area where the investor’s head office is located (Clause 40 Article 1)
In addition, according to the new regulations, a foreign contractor shall have its construction license revoked in one of the following cases: fails to take remedial actions against violations after the regulatory authority requests it in writing to take remedial actions more than once; It has incurred administrative penalties for the tasks covered by the granted construction license for the second time (Clause 39 Article 1).
This Decree takes effect from September 15th, 2018.
To abolish Article 22 of Decree No. 79/2009/ND-CP dated September 28th, 2009; Article 19 of Decree No. 64/2010/ND-CP dated June 11th, 2010; Article 27, Article 34 of Decree No. 24a/2016/ND-CP dated April 5th, 2016 and Article 16 of Decree No. 11/2013/ND-CP dated January 14th, 2013.
One of the conditions for obtaining the construction operating license is the report on bid results or the decision on lawful contract award or the lawful contract agreement. As the result, validity duration of the construction operating license is the duration for performance of tasks based on report on bid results or the decision on lawful contract award or the lawful contract agreement.
In addition, according to Point a Clause 3 Article 73 of Decree No. 59/2015/ND-CP, the construction operating license shall be invalid when the contract agreement is completed and terminated.
Notably, duration for performance of construction tasks to be used as the basis for determination of validity duration of the construction operating license shall comprise both construction duration and duration for maintenance of construction works.
1. Suspension of building permit within a definite period
2. Compensation for adjoining building which has been collapsed or is facing collapse
3. Enforced demolition of the works or works items which have been illegally constructed
4. Enforced suspension of execution of the construction works for adjustments to or issuance of a new building permit
5. Enforced transfer of illegal benefits obtained from illegal construction
Accordingly, for the case of executing the construction works inconsistently with the building permit or failure to obtain a building permit, the violating entity is obliged to suspend the execution of the construction works from the time when the administrative violation is recorded and within a maximum period of 60 days from the date on which the administrative violation is recorded, the violating entity is obliged to carry out procedure for applying for a new building permit or approval for changes or modifications to the existing building permit.
Over the aforesaid time limit, if the violating entity is unable to present the new building permit or the modified one, he/she is compulsory to demolish the construction works or works items built inconsistently with law regulations.
Notably, if the violating entity can present the new building permit or the modified one within the time limit but it is not consistent with the existing construction works, he/she is also subject to the compulsory demolition of such the construction works.
This Circular takes effect from June 12th, 2018 and replaces Circular No. 02/2014/TT-BXD dated 12th, 2014.
This Circular shall apply to organizations and individuals that use state funding to determine and manage the costs of formulation of urban classification project, urban development program, and proposals for development of an area into urban areas, and relevant costs.
This Circular takes effect from February 1st, 2018.
This Circular replaces Circular No. 23/2010/TT-BXD dated December 23rd, 2010; Article 4 of Circular No. 12/2014/TT-BXD dated August 25th, 2014.