Thông tư 05/2010/TT-BXD

CIRCULAR

GUIDING ON TRAINING, RETRAINING FOR PROFESSIONAL SKILLS OF CONSTRUCTION VALUATION AND GRANTING CERTIFICATES OF CONSTRUCTION VALUATION ENGINEER

Pursuant to the Decree No.17/2008/ND-CP dated 04/02/2008 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Decree No.112/2009/ND-CP dated 14/12/2009 of the Government on managing costs of work construction investment;

Ministry of Construction guides on training, retraining for professional skills of construction valuation and granting certificates of construction valuation engineer as follows:

Chapter 1.

GENERAL PROVISION

Article 1. Scope of governing

This Circular guides the training, retraining for professional skills of construction valuation and granting certificates of construction valuation engineer as prescribed in Decree No.112/2009/ND-CP dated 14/12/2009 of the Government on cost management of work construction investment.

Article 2. Subjects of application

1. Organizations and individuals involved in the training, retraining for professional skills of construction valuation and granting certificates of construction valuation engineer; the State management agency on construction.

2. Certificates of construction valuation engineer are issued to individuals who are citizens of Vietnam, the Vietnamese residing abroad, foreigners who wish and are eligible under the provisions of Article 20 of Decree No.112/2009/ND-CP dated 14/12/2009 of the Government.

Chapter 2.

ABILITY CONDITIONS, REGISTRATION, APPRAISAL, AND RECOGNITION OF FACILITIES OF TRAINING, RETRAINING CONSTRUCTION VALUATION PROFESSIONAL SKILLS

Article 3. Conditions to be recognized as a training facility

1. To be considered, recognized as a facility of training, retraining professional skill of construction valuation in addition to meeting the requirements as prescribed in clause 1 of Article 23 of Decree No.112/2009/ND-CP dated 14/12/2009 of the Government, the training facilities must also meet the following conditions:

a) The material facilities for training, retraining professional skill of construction valuation: To ensure the rooms to have scale, facilities consistent with the number of students and facilities and equipment to meet the requirements of teaching and learning.

b) Teaching materials:

- The content of teaching materials compiled by the facilities for training, retraining professional skill of construction valuation must be in accordance with the framework program as prescribed in Appendix 1 attached to this Circular;

- Training materials must include names of facilities of training, retraining professional skill of construction valuation, be printed, bound into volume;

- There are at least 3 sets of questions for multiple choice of the programs of training, retraining professional skill of construction valuation.

c) Teachers: the teachers joining in teaching must have qualifications from level of university or higher. Form of list of information of team of teachers as prescribed in Appendix 2 attached to this Circular.

d) Training Management:

- With the management apparatus to meet requirements of professional skills and to organize training courses; store learners’ records, dossiers and documents related to the training, retraining of construction valuation profession;

- With process of management and quality control of the training, retraining of construction valuation;

- With personnel in charge of courses having experience in organizing the courses of training or retraining profession skills of the areas related to construction activities.

Article 4. Registration dossiers

1. Registration: the facilities with needs for training, retraining professional skills of construction valuation, and meeting the conditions specified in Article 3 of this Circular document to submit to the Ministry of Construction to be considered and recognized as the facilities of training or retraining professional skills of construction valuation.

2. Registration dossier comprises:

a) A written request to be recognized as the facility of training or retraining professional skills of construction valuation, which should show the information related to the facility of training such as: the legal representative, contact address, phone number, email, website.

b) Legal documents: copy of business registration certificate or establishment decision for the facilities without certificates of business registration or Regulation on functions, tasks, or registration of scientific activities.

c) List of teachers (Declaration on professional qualifications, practical experience in professional activities) together with teaching contracts or labor contracts.

d) Teaching materials compiled by the facility of training, retraining professional skills of construction valuation in accordance with the framework program as prescribed and at least have 3 sets of questions of multiple choices.

đ) The explanation documents of the facility of training expressing the satisfaction of the conditions specified in Article 3 of this Circular.

Article 5. Appraisal and recognition of training facilities

1. Evaluation: The Ministry of Construction sets up a Council to appraise the registration dossiers of the training facilities. Before the Council’s meeting, the Ministry of Construction may inspect directly the capacity of training facility according to the contents specified in Article 3 of this Circular.

2. Recognition: Based on the appraisal results, the Ministry of Construction decides to recognize the training facility eligible for organizing the training, retraining professional skills of construction valuation and up load to the website of the Ministry of Construction.

Chapter 3.

ORGANIZATION OF RETRAINING AND GRANTING CERTIFICATES OF RETRAINING PROFESSIONAL SKILLS OF CONSTRUCTION VALUATION

Article 6. Organization of training and retraining professional skill of construction valuation

1. Training facilities implement the regulations on training, retraining professional skill as follows:

a) Notice of enrollment, demands for learners, programs, and contents of the training course, time, location, funding and other necessary information.

b) Seven (07) days before the opening date of each course of training, retraining, the written notice shall be sent to the Department of Construction where the training course is expected to organize on the location, time, number of learners, teachers participating in the retraining, training course. Where there are changes of plan, the training facility must promptly notify the Department of Construction where the training course is expected to organize.

c) Dissemination of the rules and regulations of the course and provision of full documentation of the course for learners in the starting date.

d) Organization of teaching and learning according to the programs to ensure the content and time not less than 56 class hours for each retraining course, to ensure that teachers join the class as proper as the list registered; organization to control their learners' learning time.

đ) Organization to take contest, examination and evaluation and classification of learning results to certify for learners.

e) Getting the opinions of learners on the courses.

g) Submission of certificates granting decision and list of certified learners, the report on implementation of the changed plan (if any) to the Department of Construction where the course was organized not later than 7 days from the end of the course.

2. The courses of training, retraining professional skill of construction valuation must be organized in focus; ensured sufficient time, content in accordance with provisions of the framework program. Encourage the training facilities to expand the contents of each topic and add more advanced topics for the course. The number of learners does not exceed 150 people for 01 class to ensure the quality of teaching and learning.

3. In case of having had certificates of other programs training, retraining professional skills, learners shall be exempted from attending the topics that have learned in the above mentioned retraining, training programs with the conditions that contents and time are equivalent compared to those specified in this Circular. The training facility inspects, stores copies of certificates of the learners, and is responsible for the decision to allow learners to be exempted from these topics.

4. Tuition fees and the management and use of tuition fees shall be decided by the training facilities on the basis of making sure to cover the reasonable costs of the course.

Article 7. Council of assessment of learning results and consideration of granting certificates

Heads of the training facilities decided to establish the Council to assess the learning results, issue the Regulation on operation of the Council to execute the organization of training, retraining, assessing the results of examination, ranking at the end of the course and review to grant certificates of retraining professional skills of construction valuation for learners.

Article 8. Grant of certificates of training, retraining professional skill of construction valuation

1. Learners who attend the course of training, retraining professional skill ensuring the time as prescribed, and having the learning results to be evaluated from satisfactory or more by the Council shall be granted certificates of retraining professional skill of construction valuation. The training facilities must have books to monitor and manage the grant of certificates of retraining professional skill of construction valuation of their units.

2. The training facilities are responsible for printing, managing certificates of retraining professional skill of construction valuation. Contents; form and specifications of certificates of retraining professional skill of construction valuation according to prescribed form in Appendix No.3 issued together with this Circular.

Article 9. Re-issuance of certificates of retraining professional skill of construction valuation

1. Those who have been certified the training, retraining professional skill of construction valuation may request the training facilities for re-issuance of the certificates to be torn or lost.

2. Those who apply for re-issuance of certificates of retraining professional skill of construction valuation must send written request and photos to the training facilities and pay costs to the training facilities as prescribed.

3. The training facilities that have certified the first training, retraining professional skill for learners based on original records to re-grant certificates. Contents of the certificates re-granted are recorded as same as the first version.

Article 10. Training, retraining to improve professional skill of cost management and mechanism, policies of construction investment

1. Purpose: To improve knowledge for individuals with certificates of second-grade valuating engineer and used as a condition for requesting to be granted certificates of first-grade valuating engineer.

2. Conditions of the training facilities: the training facilities, in addition to meeting the capacity conditions specified in Article 3 of this Circular, must also meet the following conditions:

a) Materials: having teaching materials in accordance with regulations under the framework program specified in Appendix No.10 issued together with this Circular.

b) Teachers: having at least 03 affiliated teachers to be first-grade valuating engineers and have taught professional skill of construction valuation.

c) Duration of training: not less than 14 class hours.

3. Organization of training: facilities of training, retraining to improve professional skill of cost management and construction investment policies, mechanism comply with the regulations on organization of training, retraining to improve professional skill; assess the learning results; review to re-grant the certificates of training to improve professional skill as specified in Article 6, 7, 8 and 9 of this Circular.

4. Certificates: Certificates of training, retraining to improve professional skill of cost management and construction investment policies, mechanism comply with the form prescribed in Appendix No.11 issued together with this Circular.

Article 11. Archiving of records

The training facilities are responsible for making archiving records after each training course for at least five years for the inspection of the competent state agencies and the re-issuance of the certificates for learners, including:

1. Lists, records of enrollment of learners, decisions, and lists of learners granted certificates (full name, year of birth, occupation, qualifications, contact address, place of residence) for each training course, the examination results certified by the training facility.

2. List of teachers teaching each training course includes: full name, year of birth, occupation, qualifications, contact address, place of working.

3. Original books of signature, management of the grant of certificates of training, retraining professional skill of construction valuation, certification of training, retraining to improve professional skill of cost management and construction investment policies, mechanism.

Chapter 4.

ORGANIZATION TO GRANT CERTIFICATES OF CONSTRUCTION VALUATION ENGINEER

Article 12. Certificates of construction valuation engineer

1. A certificate of construction valuation engineer includes the following main contents:

a) Number of certificate and times of granting certificate.

b) The personal information of person granted certificate.

c) Professional level to be trained.

d) The grade of engineer of construction valuation.

đ) Responsibilities of person granted certificate.

2. Form of certificate of engineer of construction valuation according to form prescribed in Appendix 4, issued together with this Circular. Certificate of engineer of construction valuation has the size 85 mm x 125 mm, dark blue hardcover, with two white pages inside.

3. The numbering plan for certificate and times of issuing certificate of engineer of construction valuation as follows:

a) The number of certificate consists of 2 groups of number:

- The first group of number: by the local telephone code (provinces or cities under central authority);

- The second group of number: ordinal number of the certificate consists of 4 digits.

Two groups of numbers are connected with each other by a hyphen (-).

b) Times of issuing certificate of construction valuation engineer:

- The first issue: record as the first issue;

- Reissue: record by the number of time of reissue.

Article 13. The order and procedures for granting certificates of construction valuation engineers

1. Person who proposes for granting certificate of construction valuation engineer sends 01 set of dossier as prescribed in Article 14 of this Circular to the Department of Construction where registers for granting Certificate.

2. The Department of Construction receives and examines dossiers, requests for additional documents if it is missed or invalid.

3. Within maximum period of 10 working days after receiving complete and valid dossiers, the Department of Construction reviews to issue certificate of construction valuation engineer in accordance with provisions of this Circular.

4. The collection and use of fees for granting certificate of construction valuation engineer comply with provisions of the Ministry of Finance.

Article 14. Dossiers requesting for granting and upgrading certificates of construction valuation engineers

1. Dossier requesting for granting second-grade certificate of construction valuation engineer includes:

a) An application for granting a certificate of construction valuation engineer in the form prescribed in Appendix No.5, issued together with this Circular.

b) 02 color photos of size 3x4 taken within 6 months before the date requesting for issuance of the certificate.

c) A certified copy (or copy if having the original for comparison), the diplomas, certificates of training, retraining professional skill of construction valuation, identification card or passport of the person who requests for issuance of certificate.

d) Declaration of experience of professional skill related to operations consulting investment cost management of work construction in the Form prescribed in Appendix 6, issued together with this Circular, be certified by the agency, organizations directly managing or by the investor.

2. A dossier of application for upgrading class of engineer of construction valuation from second grade to first grade includes:

a) An application for upgrading class of engineer of construction valuation in the Form provided in Appendix 7, issued together with this Circular.

b) 02 color photos of size 3x4 taken within 6 months before the date requesting for upgrading class.

c) Copy of second grade certificate of construction valuation engineer (unless those specified in Clause 3 of Article 20 of Decree 112/2009/ND-CP dated 14/12/2009 of the Government).

d) Written certification of attended the retraining, training course to improve professional skill of cost management and mechanism, policies of investment and construction.

đ) Declaration of experience of professional skill related to operations consulting investment cost management of work construction since the date of issuance of second grade certificate of engineer of construction valuation in the Form prescribed in Appendix 6, issued together with this Circular, is certified by the agency, organizations directly managing or by the investor.

3. Dossier of application for granting first grade certificate of engineer of construction valuation when having not yet granted second grade certificate of engineer of construction valuation (For the case meeting the provisions of Clause 3 of Article 20 of Decree 112/2009/ND-CP dated 14/12/2009 of the Government) include the documents as prescribed in Clause 1 of Article 14 of this Circular.

Article 15. Re-issuance of certificates of construction valuation engineers

1. Certificates of construction valuation engineers are reissued when the certificates are torn or lost.

2. Conditions for being re-granted the certificate of construction valuation engineer:

a) With written request for being re-granted the certificate of construction valuation engineer in the form prescribed in Appendix No.12 issued together with this Circular;

b) The old certificate in the case of being torn.

c) Paying fees as prescribed.

3. Procedures for re-granting certificates:

a) Applicants for the certificate file dossiers under the conditions specified in Clause 2 of this Article. Agency granting certificate reviews, re-issues certificates of engineers of construction valuations for individuals eligible under the regulations. Time to reissue is within 10 working days after receiving full valid dossiers.

b) The content of the certificate reissued is recorded properly as the former certificate.

Article 16. Rights and obligations of people issued certificate of engineers of construction valuation

1. People issued certificate of engineers of construction valuation have the following rights:

a) To carry out the consultancy of investment cost management of work construction suitable to the grade of engineer of construction valuation to be granted.

b) To be signed in the role of preside in the record of the consultancy product of investment cost management of work construction.

c) To exercise other rights as prescribed by law.

2. People issued certificate of engineers of construction valuation have the following obligations:

a) To be responsible before the employers, investors and law for the performance according to content of the consultancy contract of cost management of work construction investment signed.

b) Operating investment cost management consultancy of work construction correctly with the grade of engineer of construction valuation to be granted.

c) Not to rent out, lend other persons certificates to practice.

d) Not to arbitrarily erase or repair the certificates.

đ) Not to violate the requirements of professional ethics.

e) Annually provide information for the Department of Construction where there is consultancy activities related to investment cost management consultancy of work construction after being granted certificate. The contents of the information provided in the Form specified in Appendix No.8, issued together with this Circular.

g) To present the certificate and observe the requirements for inspection and examination as the competent agencies’ requirements.

3. For individuals who have not got yet certificates of training professional skill of construction valuation, have not got yet certificates of engineers of construction valuation may participate in the investment cost management consultancy activities of work construction but may not be signed in the role of presides in the records of the consultancy products.

Chapter 5.

REGIME OF MANAGEMENT, REPORT, INSPECTION, AND HANDLING OF VIOLATIONS

Article 17. Management of activities of training, retraining professional skill of construction valuation and grant of certificates of engineers of construction valuation

1. Ministry of Construction:

a) To unify the State management of activities of training, retraining professional skill of construction valuation; training and retraining to improve professional skill of cost management and construction investment mechanism, policies and grant of certificates of engineers of construction valuation.

b) To inspect and examine the observance of the regulations on training, retraining professional skill of construction valuation; training and retraining to improve professional skill of cost management and construction investment mechanism, policies and grant of certificates of engineers of construction valuation.

c) To handle according to competence for the violations in the activities of training, retraining professional skill of construction valuation; training and retraining to improve professional skill of cost management and construction investment mechanism, policies and grant of certificates of engineers of construction valuation.

2. Department of Construction:

a) To inspect and examine the training, retraining of professional skill of construction valuation; training and retraining to improve professional skill of cost management and construction investment mechanism, policies of the training establishments in the area.

b) To provide information for stakeholders on the grant of certificates of construction valuation engineers.

c) To receive registration dossiers for granting certificates of construction valuation engineers and grant certificates of construction valuation engineers for the individuals who are eligible under the regulations.

d) To settle complaints and denunciations according to competence.

đ) To maintain records in accordance with current regulations.

e) To revoke certificates, handle according to competence or propose competent agencies to handle violations of individuals certified in the process of participating in the investment cost management consultancy of work construction.

Article 18. Handling of violations

1. Forms of violation of the training establishment: renting out, lending the legal entities; shortening the duration of the program, not organizing the examination for learners; teachers do not meet the requirements of regulations; not publicizing the necessary contents for learners upon notice of enrollment; having no management process; not setting up a Council to assess the learning outcomes; not sending written notice to the Construction Department before the course; not sending the decision on the grant of certificates and list of learners certified to the Department of Construction; not sending periodic reports to the Department of Construction and the Construction Ministry; no recording documents of learners after the course; violating other provisions of this Circular.

2. Handling of violations for the training establishments: depending on the seriousness of their violations that the training establishments can be handled according to the forms: warning, remedy of consequence, compensation for damages, temporary suspension, revocation with a term or indefinite revocation of the Decisions to accredit the establishments retraining professional skill of construction valuation. The heads of training establishments and concerned individuals, depending on the seriousness of their violations, shall be disciplined, sanctioned administratively, compensated damages, or prosecuted criminal liabilities under the provisions of law.

3. Handling of violations of grant of certificates of engineers of construction valuation

a) Those who are granted certificates of engineers of construction valuation will be revoked their certificates upon violating one of the following circumstances:

- Arbitrarily erase, repair certificates, lend, or lease certificates;

- Violate professional ethics;

- After 3 continuous years, not operating management consultancy of work construction investment cost.

b) If the concerned organizations and individuals for the grant of certificates of engineers of construction valuation violate the provisions of this Circular, depending on seriousness of the violation, in addition to the penalties as prescribed by this Circular may be disciplined, administratively sanctioned or examined for penal liability as prescribed by law.

4. Competence to handle violations:

a) The competence of the Ministry of Construction:

- To make decision on requirement to overcome consequence of violations, temporary suspension and revocation with a term or indefinite revocation of the Decisions to accredit the training establishments; notify on the website of the Ministry of Construction on the violations of the training establishments;

- To revoke the Decision on accreditation of eligibility for training, retraining professional skill of construction valuation if the training establishments fail to organize the courses of training, retraining professional skill of construction valuation within 24 months from the date of accreditation decision.

b) Competence of Department of Construction:

- To remind in writing for the violations of the local training establishments and report to the Ministry of Construction;

- To declare the cancellation of the certificates of training, retraining professional skill of construction valuation; training and retraining to improve professional skill of cost management and construction investment mechanism, policies of the individuals if detecting violations of the training establishments in the grant of certificates, or recommend the other forms processing violations, report to the Ministry of Construction;

- To revoke the certificates, handle according to competence or propose the competent agencies to handle violations in the operations of management consultancy of work construction investment cost.

Article 19. Report Regime

1. Every 6 months, the training establishments must report in writing the results of training including the contents: training courses, quantity, and brief list of participants (full name, year of birth, place of residence,...) have been issued certificates to complete the training courses to the Department of Construction where their head offices are located and the training is organized.

2. Once every year, the training establishments must report in writing to the Ministry of Construction and through electronic information page (website) of the Ministry of Construction including: the number of training courses and the number of participants or irregular reports at request of the Construction Ministry.

3. Once every year, the Department of Construction must report in writing and via electronic information page (website) of the Ministry of Construction on the results of grant and revocation of certificates of construction valuation engineers, the results for declaring cancellation of certificates of training or irregular reports at request of the Construction Ministry.

4. Information Center - Ministry of Construction shall update the list of the training establishments accredited the training, retraining of professional skill of construction valuation; training, and retraining to improve professional skill of cost management and construction investment mechanism, policies, information on training establishments and individuals of violations for posting on the website of the Ministry of Construction.

Chapter 6.

ORGANIZATION OF IMPLEMENTATION

Article 20. Transitional handling

1. The the establishments of training, retraining professional skill of construction valuation accredited by the Ministry of Construction before the effective date of this Circular shall allowed to continue the training, retraining of professional skill of construction valuation, but must have responsibilities to improve and supplement by the conditions prescribed in this Circular and report to the Ministry of Construction within 60 days from the effective date of this Circular.

2. The courses of training, retraining of professional skill of construction valuation are being conducted before the effective date of this Circular shall continue to use the curriculum as prescribed in Decision No.01/2008/QD-BXD on 01/02/2008 and Document No.734/BXD-VP dated 21/4/2008 of the Ministry of Construction on announcement of the frame program of retraining professional skill of construction valuation of the Ministry of Construction.

3. The courses of training, retraining professional skill of construction valuation deployed after the effective date of this Circular, shall be used the curriculum as prescribed in this Circular.

4. The certificates of training, retraining professional skill of construction valuation issued by the training establishments before effective date of this Circular shall remain their validity.

5. The certificates of engineers of construction valuations issued before effective date of this Circular shall remain their validity.

6. The grant of certificates of engineers of construction valuations for the dossiers requesting for granting certificates of engineers of construction valuations filed before the effective date of this Circular shall comply with the regulations before this Circular takes effective. For the dossiers requesting for granting certificates of engineers of construction valuations filed after the effective date of this Circular, the grant of certificates shall comply with the provisions of this Circular.

Article 21. Implementation provisions

1. This Circular takes effect from 15/07/2010 and replaces the following documents:

a) Decision No.01/2008/QD-BXD dated 01/02/2008 of the Minister of Construction promulgating the framework program for training, retraining professional skill of construction valuation.

b) Document No.734/BXD-VP dated 21/4/2008 of Ministry of Construction on the publication of the basic contents of materials of training, retraining professional skill of construction valuation.

c) Decision No.06/2008/QD-BXD dated 18/04/2008 of the Minister of Construction promulgating the Regulations on grant of certificates of construction valuation engineers.

d) Decision No.905/QD-BXD dated 14/07/2008 of the Minister of Construction on correcting Decision No.01/2008/QD-BXD dated 01/02/2008 promulgating the framework program for training, retraining professional skill of construction valuation and Decision No.06/2008/QD-BXD dated 18/04/2008 of the Minister of Construction promulgating the Regulations on grant of certificates of construction valuation engineers.

đ) Decision No.17/2008/QD-BXD dated 31/12/2008 of the Minister of Construction on amendment and supplement of the basic contents of materials of training, retraining professional skill of construction valuation issued attached to Decision No.01/2008/QD-BXD dated 01/02/2008 and the Regulations on grant of certificates of construction valuation engineers issued together with Decision No.06/2008/QD-BXD dated 18/4/2008 of the Minister of Construction.

2. In the implementation process if any problems arise, the organizations and individuals submit comments to the Ministry of Construction for reviewing and settling.

APPENDIX NO.1

FRAME PROGRAM OF TRAINING, RETRAINING PROFESSIONAL SKILL OF CONSTRUCTION VALUATION
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

The program of training, retraining professional skill of construction valuation includes 9 special subjects with 56 class hours, specifically as follows:

Special subject 1: Project Management of work construction investment under current regulations (8 class hours)

I. The basic contents of the legal system related to investment in work construction (Construction Law, Investment Law, Procurement Law, Land Law)

1. The basic contents of the Construction Law

1.1. Scope, objects and structure of the Construction Law

1.2. Construction activities

1.3. Contents of state management on construction

2. The basic contents of the Land Law related to construction activities

2.1. Scope of governing and application subjects

2.2. On planning, land use plan

2.3. On land allocation, land lease, conversion of land use object to implement investment projects in work construction

2.4. Finance for land and land prices

2.5. Rovocation of land, compensation and resettlement related to work construction investment projects

2.6. State management on land

3. The basic contents of the Investment Law related to construction activities

3.1. Scope of governing and application subjects

3.2. Forms of investment

3.3. Procedures on investment when implementing projects

3.4. State management on investment

4. The basic contents of the Procurement Law related to construction activities

4.1. Scope of governing and application subjects

4.2. General provisions on bidding

4.3. The participants in the bidding

4.4. Contents of state management on bidding

II. The order of formation, appraisal and approval of investment projects in work construction

1. For important national projects, project of groups A, B, C

1.1. Identification of work construction investor

1.2. Report on investment in work construction

1.3. Consultation on planning approval

1.4. Formation of investment projects in work construction

1.5. Appraisal of investment projects in work construction

1.6. Approval of the investment projects in work construction

2. Appraisal of of economic – technical reports of work construction

2.1. Scope of application of the works to establish economic - technical reports

2.2. Contents of economic – technical report of work construction

2.3. Appraisal, approval of economic – technical report of work construction

3. Adjustment of investment projects in work construction

3.1. The cases to be adjusted

3.2. Competence to adjust and organization to adjust

III. Organization of investment project management in work construction

1. The forms of project management

1.1. The cases that investors directly manage projects

1.2. The cases of hiring consultants of project management

2. The requirements of content of project management

2.1. Volume management, cost management

2.2. Management of work construction

2.3. Management of progress of work construction

2.4. Management of occupational safety on the construction sites

2.5. Management of the construction environment

IV. Management of investment costs in work construction

1. The concept of investment cost in work construction

2. The process of formation of work construction price

3. Professional skill of construction valuation

4. Principles of management of the investment cost in work construction

5. Management of total investment amount

6. Management of the work estimate

7. Management of construction norms

8. Management of work construction cost

9. Management of the construction price index

10. Management of the construction contracts

11. Management of payment and settlement of investment capital

V. Conditions of the capacity of participants in the process of investment in work construction

1. The general provisions on the capability conditions for organizations and individuals engaged in construction activities.

2. Conditions on construction practicing capability for individuals engaged in construction activities

3. Conditions on capacity and scope of building activities of the organizations

Special subject 2: Method to determine total investment amount and evaluate investment effect of investment projects in work construction (8 class hours)

I. Method of determining the total investment amount of the project

1. Some general issues on the total investment amount

1.1. The concept and the role of total investment amount

1.2. The content and structure of the cost components of the total investment amount

1.3. Principles for determining the total investment amount

1.4. Requirements of the calculation

2. Some methods of determining the total investment amount

2.1. Method of determining the total investment amount by the basic design of investment project

2.2. Method of determining the total investment amount by the area or use capacity of the work and general construction cost

2.3. Method of determining the total investment amount by data of the projects with the same economic – technical norms.

2.4. Combination of methods to determine the total investment amount

3. Analysis of application levels of the methods

II. Method of determining the investment efficiency of the projects

1. The concept of investment activities and investment efficiency of the projects

1.1. The concept of investment activities

1.2. The basic characteristics of the investment activities

1.3. The efficiency of investment projects

1.4. Analysis and assessment of project efficiency

2. Determination of factors used as a basis for analysis, economic – financial calculations of the projects

2.1. The total investment amount

2.2. Making investment plan

2.3. Making operation plan

2.4. Plan of depreciation and handling of recovered amounts

2.5. Working capital

2.6. Payment plan

3. Determination of the evaluation criteria of economic - financial efficiency of the project

3.1. Financial statement in analysis, evaluation of the project’s efficiency

3.2. Determination of economic - financial criteria of the investment projects

4. Analysis and evaluation of economic - social criteria of the investment projects

5. Comparison of results and selection of the method

III. Introduction of methods of determining the investment capital rate

1. Some general issues on investment capital rate

1.1. Concept, meaning and role of the investment capital rate

1.2. Economic content of the criteria of investment capital rate

1.3. Classification of investment capital rate

2. Method and calculation steps of investment capital rate in work construction

2.1. Some of the basic viewpoints

2.2. The basis for calculating the investment capital rate

2.3. The steps to identify investment capital rate

IV. Method of determining the construction price index

1. Concept, meaning, the importance of price index

2. Classification of the construction price index

2.1. Index of work construction price

2.2. The construction price index by the cost structure

2.3. The construction price index by the cost factor

2.4. Price index of major construction materials

3. Principles and methods of determining the price index of work construction

3.1. General principles of calculations

3.2. The basis for determining the construction price index

3.3. Method of determining work construction price index

 V. Introduction of methods of determining the length of construction time

1. The role and significance of the length of construction time

2. The methods of determining the length of construction time

Special subject 3: Methods of determining the norms, unit price of work construction (12 class hours)

I. Method of setting norms for work construction

1. System of construction norms

1.1. The economic - technical norms

1.2. The percentage norms

2. Method of setting norms for estimates of work construction

2.1. Order of norm formation for work construction estimates

2.2. Making the norms of new estimate for the construction that has not got norms yet

2.3. Applying with adjustment of the norms of the construction estimate has had

2.4. Applying the norms of the construction estimate has had

3. The necessary documents for the establishment of the construction estimate norms

II. Method of determining the unit price of work construction

1. Concepts, requirements and classification of unit price of work construction

1.1. The concept of unit price of work construction

1.2. Requirements for work construction unit price

1.3. Classification of work construction unit prices

2. The method of making the unit price of work construction

2.1. For detailed unit price of work construction

2.2. For the general unit price of work construction

III. Method of determining the price of machine shift, rental of machines and work construction equipment

1. Some general arguments on the price of machinery shift, rental of machineries and work construction equipment

1.1. The concept of machinery and construction equipment

1.2. The concept and role of the price of machinery shift, rental of machineries and work construction equipment

2. Method of determining the price of machinery shift, and work construction equipment

2.1. The order of determination

2.2. Method of determining price of new machinery shift for types of machinery and equipment that have not got yet the price of machinery shift

3. Method of determining the rental of machineries and work construction equipment

3.1. The order of determination

3.2. The content and method of determining the rental of machineries and work construction equipment

4. The examples calculating the price of machinery shift, rental of machineries and work construction equipment

IV. Method of determining the cost of investment consultancy of work construction

1. Some general issues related to the cost of investment consultancy of work construction

1.1. The concept of investment consultancy of work construction

1.2. Classification of consultancy activities

1.3. Contents of cost of investment consultancy of work construction

1.4. The current provisions related to management of consultancy cost

2. Method of determining the cost of consultancy

2.1. Determination by the norm of consultancy costs (percentage %) to be published

2.2. Determination by estimate

3. Use of the above methods to determine consulting fees in the total investment amount, work estimates

3.1. Determination of consultancy fees in the total investment amount of the project

3.2. Determination of consultancy fees in cost estimate

Special subject 4: Methods of measurement of quantity and cost control (4 class hours)

I. The method of measuring volume.

1. The concept of measuring construction volume and the role of the measurement of volume in the construction valuation

1.1. The concept

1.2. The role of measurement of volume in the construction valuation

2. Method of measurement of volume in the work construction

2.1. Principles for measuring volume of work construction

2.2. The order of implementation of measuring volume of work construction

2.3. Some specific provisions when measuring volume of work construction

II. Control of costs by the periods of work construction investment

1. Concept, role of control of work construction investment cost

1.1. The concept

1.2. The role

2. The purpose and requirements of the costs control

3. Necessary conditions to implement the process of cost control

4. Content of control of work construction investment cost

4.1. Cost control in the period before construction

4.2. Cost control in the period of work construction implementation

5. Organization to manage the control of work construction investment cost

5.1. Organizational form of cost control

5.2. Responsibilities of investors for cost control

5.3. Responsibilities of individuals and organizations of cost control consultancy

Special subject 5: Method to determinate work construction estimate (4 class hours)

I. Concept, content and role of the work construction estimates

1. The concept

2. Content

3. The role

II. Method of determining the work construction cost estimates

1. The principles of determination

2. Method of determining the expenditure items in the work construction estimates

2.1. Determination of the construction costs

2.2. Determination of equipment costs

2.3. Determination of the project management costs

2.4. Determination of the cost of construction investment consultancy

2.5. Determination of other costs

2.6. Determination of the reserve cost

III. Management of work construction estimates

1. Appraisal and approval of work construction estimate

1.1. The contents of appraisal and approval of work construction estimates

1.2. Competent of appraisal and approval of construction estimate

2. Adjustment of the work construction estimates

Special subject 6: Selection of contractors in construction activities (4 class hours)

1. The purpose and requirements of the contractor selection in construction activities

2. The forms of selection of contractors in construction activities

3. The order and procedures for contractor selection in construction activities

- Formation and submission of the bidding plans, tendering documents

- Organization of bidding, evaluation of bidding documents

- Approval and announcement of the bidding results

- Negotiation, discussion and signing contracts

Special subject 7: Management of contracts in construction activities (8 class hours)

A. General Provisions

I. General issues on contracts in construction activities

II. Types of construction contracts

1. According to the nature and type of work in construction activities need to be conducted  

1.1. Construction consulting contract

1.2. The contracts for work construction

1.3. The contracts to supply technical equipment

1.4. Design contracts for work construction

1.5. The contracts of design and supply of technological equipment

1.6. The contracts of provision for technological equipment and work construction

1.7. The contracts of design and supply of technological equipment and work construction.

1.8. Turnkey contracts

2. According to the contract price

2.1. Package contract

2.2. Contract by fixed price

2.3. The contract by adjusted unit price

2.4. Contract by time

2.5. Contract by a percentage

III. Principles of signing the construction contracts

IV. Implementation principles of the construction contracts

V. The validity and legality of the construction contracts

VI. Performance management of the construction contracts

B. The specifically provisions

I. The information on construction contract

1. Information on construction contracts

2. Bases to sign the contracts

3. Construction contract documents

4. Law and language used in the construction contracts

II. Content and workload, quality requirements and progress of implementation

1. Content and workload of the construction contracts

2. Quality requirements of products and acceptance, handover of products of construction contracts

3. Time and progress of the construction contracts

III. Contract price, advance, payment and settlement and liquidation of the construction contracts

1. Price of construction contracts

2. Assurance of the implementation of construction contracts and contract performance guarantee

3. Advances for construction contracts

4. Payment of construction contracts

5. Payment dossiers

6. Currencies and forms of payment of construction contracts

7. Construction contract settlement

8. Liquidation of the construction contracts

IV. Rights and obligations of the parties to the construction contracts

1. General rights and obligations of the parties to the principals and the contractors

2. Rights and obligations of the consultantcy principals

3. Rights and obligations of the consultantcy contractors

4. Rights and obligations of the principals for work construction

5. Rights and obligations of the contractors for work construction

6. Rights and obligations of the principals for providing equipment and technology

7. Rights and obligations of the contractors for providing equipment and technology

8. Rights and obligations of the EPC principals

9. Rights and obligations of the EPC contractors

10. Rights and obligations of the principals in the turnkey contracts

11. Rights and obligations of the contractors in the turnkey contracts

V. Price adjustment and adjustment of construction contracts

1. Principles of price adjustment and adjustment of construction contracts

2. Adjustment of the workload in construction contracts

3. Adjustment of price in construction contracts

4. Adjustment of the construction contracts

5. Adjustment of the progress of the construction contracts

VI. Suspension, termination, bonus, penalty for breach of construction contracts

1. Suspension of performance of the works in construction contracts

2. Termination (cancellation) of construction contracts

3. Reward, penalty for breach of construction contracts

4. Liabilities for breach of contracts

VII. Complaints and dispute resolution of construction contracts

1. Complaints made during the performance of construction contract

2. Settlement of Contract Dispute

VIII. Other contents of the contract

1. Insurance and warranty under construction contracts

2. Subcontract

3. Occupational safety, environmental protection and fire and explosive prevention

4. Electricity, water and construction site security

5. Transport of equipment and technology

6. Risk and force majeure

Speicial subject 8: Payment and settlement of work construction investment capital (4 class hours)

I. Payment for investment capital

1. The basic requirements

2. Records, procedures and competence in investment capital payment

II. Settlement of investment capital

1. The basic requirements

2. Content, dossiers, competence to appraise settlement statement

2.1. The contents of settlement statement

2.2. Forms of settlement statement

2.3. Dossier of submission for approving Settlement

2.4. Competence to appraise settlement

3. Audit and settlement of investment capital

4. Appraisal of settlement of completed projects

4.1. The appraisal contents

4.2. The order of appraisal and content of report on the settlement appraisal result of completed projects

5. Approval of the settlement

5.1. Competence to approve settlement

5.2. Management of decision on approval of settlement

6. The expenses for appraisal and approval of settlement, audit

6.1. Identification of costs of appraisal, approval of settlement, audit costs

6.2. Management, use of costs of appraisal and approval of settlement

6.3. Contents of costs of appraisal and approval of settlement

7. Time limits for settlement

8. Responsibility in settlement of completed projects

8.1. Responsibilities of the investors

8.2. Responsibilities of the contractors

8.3. Responsibilities of the agencies controlling payment, investment loan

8.4. The responsibilities of the audit contractors

8.5. The responsibilities of the agencies of appraisal and approval of the settlement

8.6. Responsibilities of the ministries, branches, and localities

8.7. The responsibilities of financial institutions at all levels

III. Guidance of method of conversion for costs of construction investment projects at the time of handover to put into use

1. The requirements and principles

2. The conversion methods

2.1. The Bases for conversion

2.2. The order of conversion

2.3. The method of conversion

2.4. Conversion of costs for compensation and ground clearance, resettlement

2.5. Conversion of costs of project management, construction investment consultancy costs, and other costs

 IV. Determination of the value of assets handed over to put into use

1. General requirements

2. Specific provisions on the valuation of assets handed over to put into use

2.1. Fixed assets

2.2. Current assets

2.3. Report of valuation of assets handed over to put into use

Special subject 9: Discussion and examination of the evaluation of the training results (4 class hours)

APPENDIX 2

FORM OF DECLARATION OF LIST AND INFORMATION OF TEAMS OF TEACHERS
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

(NAME OF THE TRAINING ESTABLISHMENT)

LIST AND INFORMATION OF TEAMS OF TEACHERS

APPENDIX 3

FORM OF CERTIFICATE OF COMPLETION OF THE COURSE OF TRAINING, RETRAINING PROFESSIONAL SKILL OF CONSTRUCTION VALUATION
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

Note:

1. Certificate of completion of the course of training, retraining professional skill of construction valuation of 210mm x 150mm size.

2. The Certificate has two sides: the outer side with reddish-brown background, yellow letters; the inside with white background, with the logo of the training establishment, black letters.

APPENDIX 4

FORM OF CERTIFICATE OF CONSTRUCTION VALUATION ENGINEER
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

- Note: (*) Number of the certificate recorded by the following example: Certificate of construction valuation engineer issued in Hanoi stated as: 04-0001; in HCMC stated as: 08-0001….

- Size: 85 mm x 125 mm.

APPENDIX 5

FORM OF APPLICATION FOR GRANTING CERTIFICATE OF CONSTRUCTION VALUATION ENGINEER
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

APPLICATION FOR GRANTING CERTIFICATE OF CONSTRUCTION VALUATION ENGINEER

To: Department of Construction …………………………

1. Name of individual:

2. Date, month, year of birth:

3. Place of birth:

4. Nationality:

5. ID number (Passport number):

6. Place of permanent residence:

- Phone number:

- Email:

- Website:

7. Address of working place (if any):

8. Qualifications:

- Professional degrees have been granted;

- Certificate of completion of the course of training, retraining professional skill of construction valuation has been issued.

9. Occupational experience:

- Duration operated in the sector of work construction investment;

- The jobs related to the consultancy of investment cost management of work construction have been implemented.

Request for being re-granted certificate of construction valuation engineer of grade:….

I am responsible for all information declared in this application and commit to practice in accordance with certificate of construction valuation engineer issued and comply with provisions of concerned law

APPENDIX 6

DECLARATION OF PROFESSIONAL EXPERIENCE IN THE CONSULTANCY OF INVESTMENT COST MANAGEMENT OF WORK CONSTRUCTION
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

1. Full name:

2. The process of working related to the consultancy of investment cost management of work construction (declaring clearly duration, working unit, the consultancies of investment cost management of work construction have been performed and type of works):

I am responsible for the information of this declaration.

APPENDIX 7

APPLICATION FOR UPGRADING CLASS OF ENGINEER OF CONSTRUCTION VALUATION
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

APPLICATION FOR UPGRADING CLASS OF ENGINEER OF CONSTRUCTION VALUATION

To: Department of Construction ……………………………..

1. Name of individual:

2. Date, month, year of birth:

3. Place of birth:

4. Nationality:

5. ID number (Passport number):

6. Place of permanent residence:

- Phone number:

- Email:

- Website:

7. Address of working place (if any):

8. Occupational experience:

- Duration operated the consultancy of investment cost management of work construction (from the time granted second grade certificate of engineer of construction valuation to the time of upgrading class)

- The jobs related to the consultancy of investment cost management of work construction have been implemented.

9. Certificate of participation in the course of training, retraining to improve professional skill of cost management and mechanism, policies of construction investment.

Request for being upgraded second-grade construction valuation engineer into first-grade construction valuation engineer.

I am responsible for all information declared in this application and commit to practice in accordance with certificate of construction valuation engineer issued and comply with provisions of concerned law.

APPENDIX 8

PERSONAL INFORMATION OF CONSTRUCTION VALUATION ENGINEER
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

1. Name of individual:

2. Place of permanent residence:

- Phone number:

- Email:

- Website:

3. Address of working place (if any):

4. Certificate of construction valuation engineer No.:

5. Agency granting certificate:

6. Current grade of construction valuation engineer:

7. Date, month, year to be transferred grade:

8. Qualifications:

- Diplomas, degrees have been issued.

9. The jobs related to the consultancy of investment cost management of work construction have been implemented till the time of updating information (address of the work where the consultancy of investment cost management of work construction, level of work, type of the consultancy of investment cost management of work construction being perform…).

APPENDIX 9

FORM OF REPORT OF THE TRAINING ESTABLISHMENT ON THE RETRAINING OF PROFESSIONAL SKILL OF CONSTRUCTION VALUATION
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

To: .......................

- Full name of the training establishment: ...............................................................................

- English name: (if any)..........................................................................................................

- Address: ............................................................................................................................

- Tel: ....................................................................................................................................

- Fax: ...................................................................................................................................

- Legal representative: ..........................................................................................................

INFORMATION OF THE COURSES OF RETRAINING PROFESSIONAL SKILL WERE ORGANIZED

(From date… month …. year ….to … date… month …. year)

- Other information, opinions of the program:

............................................................................................................................................

- Proposal, recommendation:

............................................................................................................................................

APPENDIX 10

FRAME PROGRAM OF TRAINING, RETRAINING TO IMPROVE PROFESSIONAL SKILL OF COST MANAGEMENT AND MECHANISM, POLICIES OF CONSTRUCTION INVESTMENT
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

Frame program of training, retraining to improve professional skill of cost management and mechanism, policies of construction investment includes 04 special subjects with 14 class hours; specifically as follows:

Special subject 1: Improving skills of formation, appraisal of the total investment amount, investment efficiency evaluation (4 class hours):

I. Skills of formation of total investment mount for the large scale projects, with complex technical requirements or national importance;

II. Skills to appraise total investment amount of the above mentioned projects.

III. Skills of performance evaluation of investment projects of work construction:

1. The role and significance of risk assessment of the project;

2. Introduction of contents of the method of analysis, risk assessment of the project;

3. Skills to assess the effects of large-scale projects, with complex technical requirements or national importance.

Special subject 2: Improving skills of management and investment cost control of work construction (4 class hours):

I. International experience in management and investment cost control for the large-scale projects;

II. Improving skills of management and investment cost control of work construction for the large scale projects, with complex technical requirements;

Special subject 3: Updating the policy mechanism of construction investment (4 class hours):

I. The new provisions related to selection of contractors in the construction activities;

II. The new regulations on mechanisms and policies for management of construction investment projects;

III. The innovation on mechanisms and policies related to investment management cost of work construction.

Special subject 4: Discussion and examination of evaluation of the training results (2 class hours).

APPENDIX 11

FORM OF CERTIFICATE OF COMPLETION OF THE COURSE OF TRAINING, RETRAINING TO IMPROVE PROFESSIONAL SKILL OF COST MANAGEMENT AND MECHANISM, POLICIES OF CONSTRUCTION INVESTMENT
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

Note:

1. Certificate of completion of the course of training, retraining to improve professional skill of cost management and mechanism, policies of construction investment of 210mm x 150mm size.

2. The Certificate has two sides: the outer side with red background, yellow letters; the inside with white background, with the logo of the training establishment, black letters.

APPENDIX 12

FORM OF APPLICATION FOR REISSUE OF CERTIFICATE OF CONSTRUCTION VALUATION ENGINEER
(Issued together with Circular No.05/2010/TT-BXD dated 26/5/2010 of Ministry of Construction)

APPLICATION FOR REISSUE OF CERTIFICATE OF CONSTRUCTION VALUATION ENGINEER

To: Department of Construction ………………………………..

1. Name of individual:

2. Date, month, year of birth:

3. Place of birth:

4. Nationality:

5. ID number (Passport number):

6. Place of permanent residence:

- Phone number:

- Email:

- Website:

7. Address of working place (if any):

8. Number of certificate of construction valuation engineer to be issued:

9. Reason of requesting for reissue:

Request for being re-granted certificate of construction valuation engineer of grade:….

I am responsible for all information declared in this application and commit to practice in accordance with certificate of construction valuation engineer issued and comply with provisions of concerned law.