Thông tư 11/2014/TT-BXD

CIRCULAR

ON PUBLISHING INFORMATION ON CONSTRUCTION CAPABILITY OF ENTITIES ENGAGED IN CONSTRUCTION

Pursuant to the Decree no. 62/2013/NĐ-CP dated June 25, 2013 of the Goverment defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;

Pursuant to the Decree no. 15/2013/NĐ-CP dated June 2, 2013 of the Government on construction quality control;

Pursuant to the Decree no. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management;

Pursuant to the Decree no. 83/2009/NĐ-CP dated October 15, 2009 of the Government on amending a number of articles in the Decree no 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management;

Pursuant to the Decree no. 37/2010/NĐ-CP dated April 07, 2010 of the Government on developing, assessing, approving and managing urban planning;

At the request of the Director of Construction Activity Management Agency;

The Minister of Construction promulgates the Circular on publishing information on construction capability of entities engaged in construction (hereinafter referred to construction entities).

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

This Circular provides for the provision, receipt, assessment, disclosure and management of information on the entities’ capability of:

a) Developing construction project;

b) Providing construction project management;

c) Developing construction planning;

d) Reviewing the construction design;

dd) Conducting construction tests;

e) Supervising construction process;

g) Inspecting construction quality;

h) Making surveys, developing designs and carrying out construction;

2. Regulated entities

a) Vietnamese and foreign entities who want to publish their capabilities of providing the services mentioned in Clause 1 this Article within Vietnam’s territory;

b) State agencies in charge of construction who are responsible for reviewing and publishing the entities’ information on their websites;

c) Investors who need to review the entities’ capability in order to select suitable contractors.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. A managing authority means an agency which is authorized to receive, publish and manage information on construction capability of the construction entities by the President of the People’s Committee of central-affiliated cities and provinces, including:

a) Central managing authority: Construction Activity Management Agency of the Ministry of Construction, Managing authorities of the Ministry of Public Security, the Ministry of National Defense, and other Ministries are their affiliated units that are in charge of construction management;

b)Provincial managing authorities: Provincial Departments of Construction.

2. Capability information:

a) Information on construction ability of an organization engaged in construction includes information on its address or address of its headquarter, legal representative, Establishment Decision, Enterprise registration certificate, charter capital, personel especially the heads of departments, the quality control system, some typical projects of each category, details of each project and the organization’s role, tasks and achievements in the project.

b) Information on construction ability of an individual engaged in construction includes his/her personal information i.e. full name, date of birth, residence, his/her qualifications, experience of construction and typical projects.

Article 3. Regulations on publishing information on construction capability of construction entities.

1. Every information on construction capability provided by an entity must be accurate. When there is any change in the information, the entity must provide the adjusted information for the managing authority according to Article 8 of this Circular.

2. The managing authority must verify the information on construction capability of an entity before publishing it on the website.

3. Every information on construction capability of an entity which is published on the website of a managing authority must be forwarded to the Construction Activity Management Agency of the Ministry of Construction for analyzing and publishing on the website of the Ministry of Construction. Such information is the basis for the selection of contractors according to Clause 3 Article 8 in the Decree no 15/2013/NĐ-CP dated February 06, 2013 of the Government on construction quality control.

Chapter II

PROVIDING, PUBLISHING AND MANAGING CAPABILITY INFORMATION

Article 4. Providing capability information

1. An entity who wants to publish its information on construction capability shall send an application for information on construction capability disclosure, profile and soft files in accordance with Article 5 of this Circular to the managing authority for considering publishing the information on construction capability on the website of the managing authority. The soft files sent to the managing authority must be in the prescribed formats (having .pdf, .doc or .docx; .zip or .rar extensions)

2. The application for information on construction capability disclosure shall be submitted in the forms enclosed with this Circular, i.e:

a) The form in Appendix 01 shall be used in case the applicant is an organization;

a) The form in Appendix 02 shall be used in case the applicant is an individual.

3. The submitted profile includes:

a) Scans of certified copies (in .pdf) of the organization’s documents i.e. valid enterprise registration certificate and Investment certificate and/or the operation license issued by the competent agencies of the country from which the foreign contractor come (if it is a foreign organization);

b) Scans of certified copies (in .pdf) of the documents i.e. qualifications, practice certificates, labor contracts of the staff members holding managerial positions in the organization.

4. With regard to foreign organizations, their applications for information on construction capability disclosure, profiles and relevant documents must be translated into Vietnamese and certified or consularly legalized.

Article 5. Managing authority

1. The Construction Activity Management Agency of the Ministry of Construction shall receive applications for publishing information on construction capability of construction entities affiliated to Ministries, entities under the management of State Capital Investment Corporation, entities affiliated to the Ministry of Public Security and the Ministry of National Defense which participate in constructions of projects serving purposes other than national defense and security, entities issued investment certificates, construction entities affiliated to Research Institutes, Universities and professional associations, companies established in Vietnam with 100% foreign-owned capital, foreign entities engaged in construction who want to publishtheir information on construction capability in Vietnam; construction entities under the management of managing authorities prescribed in Clause 1 Article 2 in this Circular which do not have enough conditions for publishing information on construction capability and other entities which is not yet prescribed in Clauses 2 and 3 this Article.

2. The managing authorities affiliated to the Ministry of Transport, The Ministry of Industry and Trade and the Ministry of Agriculture and Rural development shall receive applications of the construction entities affiliated to the Ministries.

3. The local Department of Construction shall receive applications of the construction entities having enterprise registration issued by the local business registration office of the Department of Planning and Investment, or the individual issued practice certificate by the local Departments of Construction except the entities prescribed in Clause 1 and 2 this Article.

Article 6. Publishing information

1. Within 07 working days from the receipt of an application, the managing authority shall check the application. If the application is not satisfactory, the managing authority shall send a notification only once to the applicant.

2. The managing authority shall review and verify the profile to determine:

a) The validity and accuracy of the profile;

b) Actual capability of the entities if necessary.

During the verification, if the information provided an applicant is inconsistent, the managing authority must send a written request to the applicant for the explanation and adjustment.

3. Within 30 working days from the receipt of the satisfactory information, the managing authority shall publish the information on construction capability on its website and send a confirmation to the applicant.

4. Within 07 working days after publishing on the website, the managing authority must send a notification together with the files to the managing authority of the Ministry of Construction in order to analyze and publish the information on construction capability of the applicant on the website www.moc.gov.vn of the Ministry of Construction.

Article 7. Keeping published profiles

1. Every managing authority is responsible for keeping the published profiles according to the regulations of the Law in order to to facilitate the verification of and adjustment to the published information.

2. The managing authority shall keep the profiles prescribed in Clauses 2, 3, 4 Article 4 in this Circular and adjusted documents.

Article 8. Adjusting information

1. The applicant must provide adjustments in writing and the soft files (having .pdf, .doc or .docx; .zip or .rar extensions) for the managing authority every 12 months or within 10 working days from the occurrence of any change in the profiles.

2. Within 20 working days from the receipt of the adjusted information, the managing authority shall verify it and post it on the website. The managing authority shall then send a notification together with the adjusted files immediately to the managing authority of the Ministry of Construction.

Article 9. Managing disclosure of capability information

1. The Ministry of Construction shall publish on its website information on construction capability of construction entities nationwide. The information on construction capability of construction entities published on the website www.moc.gov.vn is the basis for selecting contractors for the services prescribed in Clause 1 Article 1 in this Circular.

2. The Department of Construction shall take charge and cooperate with the Department of Transportation, the Department of Industry and Trade, the Department of Agriculture and Rural Development in reviewing and verifying the published capability information.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of entities providing capability information

1. The entities must comply with the provisions prescribed in Clause 1 Article 3 of this Circular.

2. The legal representative of the entities shall take legal reponsibility for the accuracy of the provided information.

Article 11. Responsibilities of relevant authorities

1. The Ministry of Construction is responsible for:

a) Carrying out the verification or cooperate with The Ministry of Transportation, The Ministry of Industry and Trade, the Ministry of Agriculture and Rural development, the Departments of Construction and other Departments managing local specialzed works in verifying and publishing the information on construction capability of the entities prescribed in Clauses 2 and 3 Article 5 in this Circular.

b) Receiving and verifying information on construction capability provided by the managing authorities of the Ministry of Transportation, The Ministry of Industry and Trade, the Ministry of Agriculture and Rural development and the Departments of Construction then publish on its website the information on construction capability of the construction entities nationwide.

c) Regularly monitoring, managing and inspecting the access and process of published information on construction capability of the construction entities and their operation nationwide.

d) Removing published information on construction capability of an entity comitting violations from the website of the Ministry and request the managing authorities of the Ministry of Transportation, The Ministry of Industry and Trade, the Ministry of Agriculture and Rural development and the Departments of Construction to remove the information on construction capability of such entity from their website. The removal is prescribed in Article 13 of this Circular.

2. The managing authorities affiliated to the Ministry of Transport, The Ministry of Industry and Trade and the Ministry of Agriculture and Rural development are responsible for:

a) Within their area of competence, informing, instructing and inspecting the entities to ensure their compliance with this Circular

c) Regularly monitoring, managing and inspecting the access and process of published information on construction capability of the entities prescribed in Clauses 2 and 3 Article 5 of this Circular and their operation;

c) Removing the information on construction capability of an entity committing violations from their website, and send the confirmation of removal to the Ministry of Construction for coordination in management.

3. The professional associations and other entities are responsible for reporting any published information which is inconsistent or incorrect to the managing authorities.

Article 12. Violations committed by entities having information published

1. Provide incorrect information or make adjustments without notice according to the regulations. Commit violations against the regulations prescribed in Article 8 of this Circular.

2. Commit a violation against the Law pertaining to construction concluded according to an effective judgement.

3. Provide construction services beyond its capability.

Article 13. Removing published capability information

1. The construction entities committing violations prescribed in Article 12 of this Circular shall be notified in writing and via the website of the managing authority.

2. Within 60 working days from the dispatch of the notification, if the entity does not provide any explanation and/or make any rectification, the published information shall be removed from the website of the managing authority.

Article 14. Transitional Clauses

The entities to whom the Decision no 02/2008/QĐ-BXD dated February 20, 2008 of the Minister of Construction providing for managing the disclosure of information on construction capability of the construction entities on the website of the Ministry of Construction is applied shall provide the information for the managing authorities in accordance with the regulations in this Circular in order to have the information published on the website of the Ministry of Construction.

Article 15. Implementation

1. This Circular takes effenct on December 10, 2014. It shall replace the Decision No. 02/2008/QĐ-BXD dated February 20, 2008 of the Minister of Construction providing for managing the disclosure of information on construction capability of the construction entities on the website of the Ministry of Construction. All contraventions of this Circular which are prescribed in a number of Circulars issued by the Ministry of Construction shall be invalidated.

2. After 30 days from the effective date of this Circular, every information published according to the Decision No. 02/2008/QĐ-BXD dated February 20, 2008 of the Minister of Construction shall be no longer valid.

3. The Ministry of Transport, The Ministry of Industry and Trade, the Ministry of Agriculture and Rural development, provincial People’s Committees, the Departments of Construction, other Departments managing local specialzed works and the relevant entities are responsible for implementing this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration.

APPENDIX 01

(Enclosed with the Circular no. 11/2014/TT-BXD dated August 25, 2014 of the Ministry of Construction. This Appendix provides for the Form for entities engaged in construction to provide their information)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-----------------------

...................[location],..............[date]

APPLICATION FOR PUBLISHING INFORMATION ON CONSTRUCTION CAPABILITY

To: [the managing authority]

I. GENERAL INFORMATION

1. Name of the applicant:

2. Address of the Headquarter:

Telephone:……………………… Fax:……………..

Email:                                                   Website:

3. Addresses of representative offices and branch offices (if any):

4. Legal representative:

- Full name:

- Position:

5. Establishment Decision:

Approved by:…………………… No………………………, dated:…………………

6. Certificate of Enterprise registration

No………………………, issued on:………………, by: …………………………

7. Charter capital:

8. Number of employees having high-level qualifications (only those who have social insurance count):……..

Including:

+ Holders of postgraduate degrees: …………..[number]

+ Holders of bachelor degrees: …………..[number]

List of employees having high-level qualifications

(Notes: Pursuant to the Decree no. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management and the Decree No. 37/2010/NĐ-CPdated April 07,2010 of the Government on formulation, evaluation, approval and management of urban planning, the Project Planning Director, Project management chief advisor, urban planning director, urban planning manager, construction survey director, Construction designing director; Site manager and master designer must specify their levels of the (1, 2, etc.) and classes (I, II, etc.) of the constructions which they are involved in)

The List of key permanent employees

9.  Quality control system:  □ Yes                        □ No

- ISO certificate no.

- Issued by:

10. Construction testing laboratory (if any)

- Name, address and code of the laboratory:

11. List of the typical projects in which the organization engaged over the last 03 years (not more than 02 projects for each field of construction)

12. The core construction fields of the organization:

………………………………………………………………………………………………

13. Award-winning constructions:

14. Projects in which the organization committed violations

15. Self-assessment of the organization’s capability and rating according to regulations and standards

(Pursuant to the Decree no. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management)

………………………………………………………………………………………………

II. INFORMATION ON CAPABILITY OF ENTITIES ENGAGED IN PROJECT PLANNING, CONSTRUCTION PROJECT MANAGEMENT, URBAN PLANNING, CONSTRUCTION SURVEY, CREATIONG AND ASSESSMENT OF CONSTRUCTION DESIGN, CONSTRUCTION QUALITY SUPERVISION AND CONSTRUCTION QUALITY INSPECTION.

1. Project planning;

2. Project management:

3. Urban planning

4. Construction survey:

5. Creation and assessment of construction design:

6. Construction quality supervision:

7. Construction quality inspection:

II. INFORMATION ON CAPABILITY OF ENTITIES ENGAGED IN CONSTRUCTION

1. List of completed projects:

2. List of owned important equipment

We hereby certify the above information is true and correct. We shall bear full responsibility to the Law should such information be proved false.