The Construction Practicing License (practicing license) shall be issued to any Vietnamese
citizens, overseas Vietnamese or foreigners who legally carry out construction
activities in Vietnam in order to hold certain positions or operate their own
construction business as prescribed in the amended Law on Construction 2020.
Holders of titles and
individuals practicing construction activities who are required to possess
practicing licenses as prescribed in Law on Construction include construction
investment project managers, construction planning design managers,
construction survey managers, construction design or design verification
managers, construction supervision consultants, and managers in charge of
formulating, verifying and managing construction investment costs. Any
foreigner who obtained a practicing certificate issued by a foreign authority
or organization and has practiced construction in Vietnam for less than 06
months shall be permitted to practise construction activities. If he or she has
practised construction in Vietnam for at least 06 months, he or she is required
to change the construction practicing license.
A foreigner shall be
issued with the practicing license if he or she: has full legal capacity as
prescribed by law and obtains a residence permit or work permit in Vietnam; has
qualifications and experience relevant to requirements of the practicing
certificate; passes the test in the field that is covered by the practice
license applied for.
Practicing licenses
shall be classified into Rank-I, Rank-II and Rank-III. In particular, a Rank-I
practicing license is granted to the individual who gains a bachelor’s degree
in appropriate major and at least 07 years’ experience relevant to requirements
of that practicing license; a Rank-II practicing license is granted to the
individual who gains a bachelor’s degree in appropriate major and at least 04
years’ experience relevant to requirements of that practicing license; a
Rank-III practicing license is granted to the individual who has appropriate
qualifications and at least 02 years’ experience relevant to requirements of
that practicing license with respect to the holder of the undergraduate degree
and at least 03 years’ experience with respect to the holder of the associate
degree or intermediate diploma.
The competence
authority in Vietnam to grant practice licenses: the construction-specialized
agencies directly under the Ministry of Construction shall grant Rank-I
practicing licenses; The Department of Construction issues Rank-II, Rank-III
practicing license and recognized socio-professional organizations grant
Rank-II, Rank-III practicing license to individuals who are their members and
members.
An application for
issuance of the construction practicing license for the first time includes: An
application form enclosed with the applicant’s 02 color 4 x 6 cm and white
background pictures which are taken within the last 06 months; Qualification(s)
granted by a legal training institution in accordance with the type or rank of
the certificate applied for; Decisions on task assignment (responsibility
assignment) issued by an organization to an individual or written confirmation
of completed typical tasks provided by the legal representative of the
investor, in case the individual runs his/her own construction business, a
contract and record on commissioning of listed typical tasks are required;
Legal residence-related documents or work permit issued by a Vietnam competent
authority, applicable to foreigners. The above documents must be notarized,
legalized, authenticated then translated with certified true copies into
Vietnamese or included in a file that contains color photos of originals or
copies presented together with the originals for comparison. Besides,
satisfactory test result in case the test is done before the date of submission
of the application for the practicing license.
For application of the
practicing license, the applicant shall submit an application form for issuance
of the practicing license, electronically or by post or in person, to the
issuing authority. From the date on which the satisfactory application is
received, the issuing authority shall issue the construction practicing license
within 20 days in the case of issuance of the license for the first time. In
the case the application is unsatisfactory, the issuing authority shall notify
the applicant in writing once within 05 days from the date on which the
application is received.
The practicing license
of a foreign individual, its effective period shall be determined according to
the period specified in the work permit or temporary resident card issued by a
competent authority but not exceed 05 years.
The above are
provisions on the process of granting construction practicing licenses for
foreign individuals working in Vietnam under the amended Law on Construction
2020. The amended Law on Construction 2020 takes effect from January 1, 2021.
ANT Lawyers, a law firm in Vietnam with offices in Hanoi, Da Nang, Ho Chi Minh city could assist
clients with application process.
0 nhận xét:
Đăng nhận xét