CIRCULAR

AMENDMENT TO A NUMBER OF ARTICLES OF CIRCULARS REGARDING CONSTRUCTION PROJECT MANAGEMENT

Pursuant to the Law No.50/2014/QH13 on Construction dated June 18, 2014;

Pursuant to the Government’s Decree No.62/2013/ND-CP defining the functions, responsibilities, entitlements and organizational structure of the Ministry of Construction dated June 25, 2013;

Pursuant to the Government’s Decree No.59/2015/ND-CP dated June 18, 2015 on construction project management;

In consideration of the request of Departments of Construction Management ,

The Minister of Construction hereby promulgates this Circular specifying amendment to a number of articles of Circulars regarding construction projects management.

Article 1. Clause 2 Article 31, Annex 2a and Annex 7 of the Circular No.17/2016/TT-BXD dated  June 30, 2016 on capacity of entities participating in construction activities (hereinafter referred to as “Circular No.17/2016/TT-BXD) are amended as follows:

1. Clause 2, Article 31 is amended as follows:

“2.For practice certificates issued before the effective date of this Circular by the competent authority:

a) If the validity period is specified on the practice certificate, the certificate holder shall be entitled to use it until its expiry date. Where the validity period is not specified on the practice certificate, the certificate holder shall be entitled to use it until June 30, 2018 inclusive. Use and renewal of practice certificate shall conform to point b of this clause.

b) Since the effective date of this Circular, entities wishing to renew practice certificate as prescribed in point a of this clause shall follow clause 3 of this Article. In case of refusal to renew practice certificate, the certificate shall be classified as follows:

Pursuant to clauses 1 and 2, Article 45 of the Decree No.59/CP and requirements for practice certificate prescribed in Articles 46, 47, 48, 49 and 52 of the Decree No.59/CP, entities obtaining practice certificate shall make declaration and classification of their practice certificate on their own using the form in Annex 2a hereof as the basis for participation in construction .

c) Entities having certificates in construction supervision practice or construction design practice shall be entitled to continue to work in the field of construction quality control up to December 31, 2016 inclusive. The scope of construction quality control shall be conformable to clause 2, Article 50 of Decree No.59/CP  according to the existing practice certificate class.

d) Entities whose practice certificate expires after March 01, 2016 are entitled to continue to practice up to December 31, 2016 inclusive. Such certificate practice shall be classified in accordance with point b of this clause. The  practice certificate shall be renewed, where necessary, in accordance with clause 3 of this Article”.

2. Annex 01 attached hereto shall be added to Annex 2a issued together with the Circular No.17/2016/TT-BXD .

3. Annex 02 attached hereto shall be added to Annex 07 issued together with the Circular No.17/2016/TT-BXD .

Article 2.Clause 1 Article 33 of the Circular No.17/2016/TT-BXD is amended as follows:

“1. This Circular enters into force from September 01, 2016. As for clause 1 Article 31 hereof, it comes into effect from June 30, 2016; and provisions on testing and issue of practice certificate under this Circular comes into effect from December 01, 2016.”

Article 3.Clause 3 Article 13 of Circular No. 18/2016/TT-BXD dated June 30, 2016 detailing and guiding some aspects of construction project verification, approval, design and estimation shall be annulled.

Article 5. Implementation and entry into force

1. This Circular enters into force from September 01, 2016.

2. State competent authorities in charge of  construction capacity management shall evaluate and provide instructions on evaluation of construction capacity upon request of relevant entities.

3. Any issue arising in connection to the implementation of this Circular should be promptly reported to the Ministry of Construction ./.