Construction of a work (including the construction of, and installation of equipment for, a newly built, repaired, renovated, relocated, embellished or restored work; dismantlement of a work; warranty and maintenance of a construction work) is a conditional activity as prescribed by laws, therefore, the organization must meet the conditions and complete all procedures to be issued eligibility certificate for construction execution Class I when participating in such activities.
1. Eligibility certificate for construction activities
Certificate of eligibility for construction activities is a certification document issued by competent state agencies to organizations that meet all conditions when participating in construction activities, according to the provisions of the Construction Law and implementation manuals.
The organization’s eligibility certificate for construction is classified into class I, class II and class III.
2. Conditions on the organization’s construction capacity
Organizations participating in construction execution activities must satisfy the following conditions, for the capacity of Class I:
– 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 year and 05 years with respect to the holder of the bachelor’s degree and Level 5 of VQF Advanced Diploma respectively;
– The organization shall be capable of providing sufficient machinery and equipment meeting construction execution requirements that match its tasks;
– The organization has directly executed tasks of a work item, work or component (in case of specialized construction) 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 in case of the construction execution;
– The organization has directly installed equipment of the work item or work 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 in case of installation of equipment to the work.
3. Procedures for issuance of eligibility certificate for construction execution Class I
Organizations with demand to apply for a eligibility certificate for construction execution Class I shall follow the order and procedures as follows:
– Step 1: Application submission
The organization submits 01 set of application documents for the issuance of construction execution Class I as prescribed. Method of submission: through online network; post office; or submit directly to the competent authority.
Competent agency for procedure handle: Ministry of Construction.
– Step 2: Dossiers handling
Competent agency handle the dossiers that have been fully and duly submitted.
Time for processing:
+ In case of first-time issuance of eligibility certificate: 20 working days.
+ In case of adjustment, amendment, supplement or extension of eligibility certificate: 20 working days.
+ In case of re-issue of capacity certificate: 10 working days.
In case the dossier is incomplete or invalid, the agency competent to issue the eligibility certificate must notify once in written to the applicant organization within 5 working days from the date of receiving the application for the eligibility certificate.

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4. Penalties for violations
Organizations engaged in construction activities may be handled according to regulations in case of non-compliance or incomplete compliance with legal requirements related to certificates of capacity for construction activities.
– A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on a construction organization that commits one of the following acts:
+ Engage in construction work without the appropriate eligibility as per the law;
+ Engage in construction work without valid certificate of eligibility as per the law.
– Additional forms of penalty that may be applied: Suspension of construction work for 3 months to 12 months.
Legal basis:
- Law on Construction 2014;
- Decree 15/2021/ND-CP guiding some contents on construction investment project management promulgated on 03/03/2021;
- 16/2022/ND-CP imposing penalties for administrative violations in construction promulgated on 28/01/2022.
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