red-check Amendments to regulations on practicing in construction sector

Circular No. 100/2018/ND-CPstatus2 dated July 16th, 2018 of the Government on amending and annuling some regulations on necessary business conditions in fields under the management of the Ministry of Construction
Posted: 19/7/2018 12:54:07 PM | Latest updated: 2/4/2021 4:10:14 PM (GMT+7) | LuatVietnam: 4512 | Vietlaw: 368

According to the new regulations of this Decree, any individual that has not yet to obtain a practicing certificate is entitled to participate in the construction sector where appropriate for his/her major, and is not authorized to run his/her own construction business as well as hold any title that requires the practicing certificate (Clause 2 Article 1).

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-CPstatus2 dated September 28th, 2009; Article 19 of Decree No. 64/2010/ND-CPstatus2 dated June 11th, 2010; Article 27, Article 34 of Decree No. 24a/2016/ND-CPstatus1 dated April 5th, 2016 and Article 16 of Decree No. 11/2013/ND-CPstatus2 dated January 14th, 2013.

Xem Văn bản hợp nhất số 01/VBHN-BXD ngày 20/7/2018.
Xem Văn bản hợp nhất số 02/VBHN-BXD ngày 20/7/2018.
Xem Văn bản hợp nhất số 03/VBHN-BXD ngày 13/9/2018.
Xem Văn bản hợp nhất số 04/VBHN-BXD ngày 13/9/2018.
Xem Văn bản hợp nhất số 05/VBHN-BXD ngày 13/9/2018.
Xem Văn bản hợp nhất số 07/VBHN-BXD ngày 13/9/2018.
Xem Văn bản hợp nhất số 04/VBHN-BXD ngày 5/3/2020.
Amendement notes
  • Please be informed that the attached forms are neither translated nor included in the English file.
  • Article 1, Article 4, Annex I thru Annex IX of this Decree shall be expired from March 3rd, 2021, according to the regulations at Decree No. 15/2021/ND-CP dated March 3rd, 2021.

Related documents

Penalty document

stop-check 139/2017/NĐ-CPFines imposed on administrative violations against regulations on construction sector and real estate business shall be added


Effective Date 15-Sep-2018
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 368

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