Mr. Luu Bao Long's company (Hanoi) provides a semi-automatic parking system with fewer than 100 parking spaces.

According to the provisions in Table 1.3.9, Appendix 1 of Circular No. 03/2016/TT-BXD dated March 10, 2016, issued by the Minister of Construction, which regulates the classification of construction works and provides guidance on application in managing construction investment activities, parking garages; parking lots for vehicles, machinery, and equipment fall under the category of technical infrastructure works. Therefore, the parking system provided by the company is classified as a Level IV construction work.

Mr. Long asked whether his company needs a competency certificate for participating in the design and construction of this project.

The Ministry of Construction responded to this issue as follows:

The classification of construction works based on their functional use is regulated in Appendix I issued along with Decree No. 06/2021/ND-CP dated January 26, 2021, by the Government, which provides details on quality management, construction execution, and maintenance of construction works.

Regulations on the classification of construction works and the application of work levels in managing construction investment activities are stipulated in Circular No. 06/2021/TT-BXD dated June 30, 2021, by the Minister of Construction.

Organizations involved in construction design and execution must comply with the regulations regarding the competency requirements for construction activities as specified in Clause 4, Article 148 of the Construction Law 2014, as amended and supplemented in Point a, Clause 53, Article 1 of Law No. 62/2020/QH14.

The competency requirements for construction activities are stipulated in Article 83 of Decree No. 15/2021/ND-CP dated March 3, 2021, by the Government, which provides details on project management of construction investment, and are amended and supplemented in Points a, b, Clause 26, Article 12 of Decree No. 35/2023/ND-CP dated June 20, 2023, by the Government, which amends and supplements several articles of the decrees in the field of state management by the Ministry of Construction.

The competency requirements for organizations involved in construction design are specified in Article 93 of Decree No. 15/2021/ND-CP, as amended and supplemented in Clause 32, Article 12 of Decree No. 35/2023/ND-CP, and the competency requirements for organizations involved in construction execution are specified in Article 95 of Decree No. 15/2021/ND-CP.

The scope of activities covered by the competency certificate is regulated in Appendix VII of Decree No. 15/2021/ND-CP, as amended and supplemented in Appendix VII of Decree No. 35/2023/ND-CP.

Mr. Long is advised to study and ensure compliance with the provisions of construction law and other relevant regulations.