I. Legal grounds

– Law on construction 2014;

– Decree No. 59/2015/NĐ-CP on management of construction project;

– Decree No. 42/2017/NĐ-CP amending some articles of Decree No. 59/2015/NĐ-CP on management of construction project; and

– Decree No. 100/2018/NĐ-CP on amendment, supplementation and deregulation on some articles concerning conditional businesses under Ministry of Construction’s supervision.

II. Legal advice

1. General conditions on issuance of certificate of construction capability applicable to companies

Article 1.19 of Decree No. 42/2017/NĐ-CP provides conditions on issuance of certificate of construction capability as follows:

– The company has a business registration certificate or an establishment decision issued by the competent agency under the laws;

– Every individual occupying key position must conclude a labor contract with the company for issuance of the certificate of construction capability; and

– With regard to particular projects or Works, namely: Nuclear power plants, harmful chemicals manufacturers, explosive manufacturers, the individuals occupying key positions shall participate in training courses related to the project field beside their required license.

2. Specific conditions applicable to companies constructing work

Other specific conditions on issuance of certificate of construction capability are set out in Article 65 of Decree No. 59/2015/NĐ-CP and Article 1.32 of Decree No. 100/2018/NĐ-CP on management of construction project, particularly as follows:

a) For Rank-I certificate, the company can construction work with the same rank if the company eligible for the following conditions:

– The individual working as a site manager shall satisfy requirements applied to a Rank I site manager, relevant to his/her specialized field;

– The individual in charge of execution of a specialized field shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diploma relevant to his/her tasks, and has a work duration of at least 03 years and 05 years with respect to the holder of the bachelor’s degree and Level 5 of VQF Advanced Diploma respectively;

– Technical workers shall obtain a qualification or certificate of completion of professional training program relevant to requirements of the certificate;

– The company shall be capable of providing sufficient machinery and equipment meeting construction execution requirements that match its tasks; and

– The company has directly executed tasks of a permanent work item relevant to the requirements of the certificate of at least 01 Class I work or higher or 02 Class II works or higher of the same type.

b) For Rank-II certificate, the company can construct rank-II or lower work if the company is eligible for the following conditions:

– The individual working as a site manager shall satisfy requirements applied to a Rank-II or higher site manager relevant to his/her specialized field;

– The individual in charge of execution of a specialized field shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diploma relevant to his/her tasks, and has a work duration of at least 01 year and 03 years with respect to the holder of the bachelor’s degree and Level 5 of VQF Advanced Diploma respectively;

– Technical workers shall obtain a qualification or certificate of completion of professional training program relevant to requirements of the eligibility certificate;

– The company shall be capable of providing sufficient machinery and equipment meeting construction execution requirements that match its tasks; and

– The company has directly executed tasks of a permanent work item relevant to the requirements of the certificate of at least 01 Class II work or higher or 02 Class III works or higher of the same type.

c) For Rank-III certificate, the company can construct rank-III or lower work if the company is eligible for the following conditions:

– The individual working as a site manager shall satisfy requirements applied to a Rank III or higher site manager relevant to his/her specialized field;

– The individual in charge of a specialized field shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diploma relevant to his/her tasks;

– Technical workers shall obtain a qualification or certificate of completion of professional training program relevant to requirements of the certificate; and

– The company shall be capable of providing sufficient machinery and equipment meeting construction execution requirements that match its tasks.