Is an operational construction capability certificate required for organizations?
Recently, Mr. Dinh Tan T. (Da Nang) underwent procedures to apply for a Class II operational construction capability certificate in the field of design and design review for power line and transformer station construction.
Mr. T.'s documents were prepared following the guidance of Decree No. 15/2021/ND-CP and submitted to the Department of Construction.
However, Mr. T.'s office received a response stating that an operational construction capability certificate would not be issued for the field of design and design review of power line and transformer station construction with the reason: "... Article 89 of Decree No. 15/2021/ND-CP does not stipulate the issuance of operational construction capability certificates for the field of design and design review..."
Mr. T. inquired whether the response about not issuing the aforementioned operational construction capability certificate is appropriate.
The operational construction capability certificate for the mentioned design and design review field from Mr. T.'s organization has expired, but it hasn't been evaluated and renewed. Can Mr. T.'s organization rely on the capability conditions stipulated in Article 93 of Decree No. 15/2021/ND-CP to continue performing design and design review work for power line and transformer station construction?
The Ministry of Construction responds to this issue as follows:
According to the regulations in Article 83 and Section 3.5.6 of Appendix VII of Decree No. 15/2021/ND-CP dated March 3, 2021, issued by the Government, which details certain contents about the management of construction investment projects, organizations must possess an operational construction capability certificate when participating in the design and design review of industrial energy projects (power lines and transformer stations).
By: Translator: LeAnh-Bizic
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