1

Real estate business

-Being an enterprise of a cooperative; -Having registered the real estate business; -Having legal capital

Article 8 of the Law on Real Estate Business

Provincial or Municipal the Department of Planning and Investment

2

The business of real estate services

- Being an enterprise of a cooperative; - Having registered the real estate business

Article 8 of the Law on Real Estate Business

Provincial or Municipal the Department of Planning and Investment

3

Real estate brokerage

- Having staff who have obtained certificate in real estate brokerage

Article 44 of the Law on Real Estate Business

Training institutions

4

Real estate valuation

- Having staff who have obtained certificate in real estate valuation

Article 51 of the Law on Real Estate Business

Training institutions

5

Real estate exchange

-Having staff who have obtained certificate in real estate brokerage, and/or real estate valuation; -Having obtained certificate of completion of the training course in management and operation of real estate exchange; -Having appropriate physical facilities

Article 56 of the Law on Real Estate Business

Provincial or Municipal the Department of Construction

6

Training and fostering training on real estate broker, real estate evaluation, management of real estate trading floor

- Official letter of the Ministry of Construction - Certifying the establishment meeting conditions for -providing training services; - Having training materials; - Having list of registered lecturers; - Having training regulations

- Article 50, 55 of the Law on Real Estate Business; - Article 11 to Article 21 Decree No. 153/2007/ND-CP; - Part V Circular No.13/2008/TT- BXD; - Decision No. 29/2007/QĐBXD

The Ministry of Construction

7

Training and fostering training on expertise and management of building apartment

-Having functions of providing trading services; -Having appropriate classrooms; -Having lecturers in accordance with the regular; -Having teaching materials in accordance with the regular; -Having management apparatus meeting the requirements; -Having registration dossiers in accordance with the regulations;

Circular No 14/2011/TT-BXD

The Ministry of Construction

8

Fostering training on management of investment project on construction works

-Certifying the establishment meeting conditions -for providing training services;

Circular No. 25/2009/TT-BXD

the Ministry of Construction

9

Project management consultan

- Class 1: Director of the project management consultancy for a Class 1 project; having at least 30 engineers, architects or quantity surveyors, economic engineers (at least 3 persons); already managed one Group A project or two Group B projects - Class 2: Director of the project management consultancy for a Class I project or class 2 project; - Having at least 20 engineers, architects or quantity -surveyors, economic engineers (at least 2 persons); - Already managed one Group B project or two -Group C projects

Decree No. 12/2009/NĐ-CP

the Employer

10

Survey and construction consultant

- Class 1: Having at least 20 engineers, one of whom capable of acting as person in charge of Class I construction survey; having a laboratory satisfying the standards; already conducted at least one survey task of special level or level I works or 02 survey tasks of level II works. - Class 2: Having at least 10 engineers, one of whom capable of acting as person in charge of Class 2 construction survey; having sufficient survey equipment; already conducted at least one survey task of special level or level II works or 02 survey tasks of level III works.

Decree No. 12/2009/NĐ-CP

the Employer

11

Design and construction design review consultant

- Class 1: Having at least 20 engineers, one of whom capable of acting as person in charge of Class 1 construction survey; head designer of class 1 level works; already conducted at least one survey task of special level or level I works or 02 survey tasks of level II works. - Class 2: Having at least 10 engineers, one of whom capable of acting as person in charge of Class 2 construction survey; head designer of class 2 level works; already conducted at least one survey task of level II works or 02 survey tasks of level III works

Decree No. 12/2009/NĐ-CP

the Employer

12

Consultancy organizations conducting supervision of execution of building works

- Class 1: 20 individuals with practicing certificates for supervision of execution of building works; already supervised execution of at least on special level or level I works or at least two level II works of the same type. - Class 2: 10 individuals with practicing certificates for supervision of execution of building works; already supervised execution of at least one level II works or at least two level IIworks of the same type

Decree No. 12/2009/NĐ-CP

the Employer

13

Organizations with respect to execution of building works

- Class 1: having a head of building site; having sufficient architects or engineers in the specialty appropriate for the type of works to be constructed; having sufficient technicians with certificates of training appropriate for the task accepted; having basic building equipment appropriate for the type of works to be constructed; has already built at least 1 special level or level I work or at least two level II works of the same type - Class 2: having a head of building site; having sufficient architects or engineers in the specialty appropriate for the type of works to be constructed; having sufficient technicians with certificates of training appropriate for the task accepted; having basic building equipment appropriate for the type of works to be constructed; has already built at least 1 special level or level II work or at least two level III works of the same type

Decree No. 12/2009/NĐ-CP

the Employer

14

Organizations formulating investment projects for construction of works

- Organizations and individuals organizing formulation of investment projects for construction of works must satisfy the following conditions: a) Be registered for the activity of formulation of investment projects for construction of works; b) Having capability for construction activities consistent with the work of formulating investment projects for construction of works; c) Having an individual who satisfies the conditions on capability to practice project formulation and who satisfies the demand of the investment project for construction of works to undertake the job of chief formulator of the project. Any individual participating in project formulation must have capability for practice appropriate for each type of investment project for construction of works. Any individual who independently practices formulation of investment projects for construction of works must satisfy the following conditions: a) Be registered for the activity of formulation of investment projects for construction of works; b) Having the capability to practice formulation of investment projects for construction of works.

Article 38 of the Law on Construction 2003

15

Organizations undertaking construction survey

- Organizations undertaking construction survey must satisfy the following conditions: a) Be registered for the activity of construction survey; b) Having full capability for construction survey; c) Any surveying task must have a person in charge of construction survey who has full capability to practice construction survey and who has the appropriate practicing certificate. The construction survey contractor shall appoint the person in charge of construction survey. Individuals participating in each construction surveying work must have expertise appropriate for the work assigned to them; d) Machinery and equipment servicing construction survey must satisfy the requirements on quality, must ensure the safety of surveying work and must ensure protection of the environment. - Laboratories servicing construction survey must satisfy the stipulated standards and must be recognized by the State administrative body for construction.

Article 49 of the Law on Construction 2003

16

Organization of design for construction of works

- Organizations which undertake design for construction of works must satisfy the following conditions: a) Be registered for the activity of design for construction of works; b) Having full capability for the activity of design for construction of works; c) Having individuals undertaking the job of person in charge of design or head designer must have full capability for construction design practice and must have a practicing certificate appropriate for each type and level of works. - Any individual who independently practices design for construction of works must satisfy the following conditions: a) Having full capability for construction design practice and a practicing certificate for design for construction of works; b) Be registered for the activity of design for construction of works. The Government shall provide regulations on the scope of activity of design for construction of works by individuals who independently practice design for construction of works. - With respect to construction design of separate dwelling-houses: a) Where a separate dwelling-house has a total floor construction area of more than two hundred and fifty (250) square meters, the house has three or more stores, or the house is situated on a cultural or historical heritage site, the design must be undertaken by a design organization which satisfies the conditions on capability for construction design activities or by an individual designer who satisfies the conditions on capability for construction design practice. b) Where a separate dwelling-house is on a smaller scale than that stipulated in paragraph (a) above, an individual or household may itself do the design but the design must conform with the approved construction master plan and such individual or household shall be responsible before the law for the quality of the design and the effect of the works on the environment and for the safety of adjacent works.

Article 56 of the Law on Construction 2003

17

Organization of execution of building works

- Contractors engaged in the activity of execution of building works must satisfy the following conditions: a) Be registered for the activity of execution of building works; b) Having full capability for the activity of execution of the relevant type and level of building works; c) The head of the construction site must have full capability for construction practice in execution of the relevant building works; d) Having equipment for execution of building works which guarantees safety and quality of the works. - Any individual who undertakes self-organization of construction of a separate dwelling-house with a total floor construction area of less than two hundred and fifty (250) square meters or where the house has less than three stores must have capability for construction practice in execution of building works, and shall be liable for quality, safety and environmental hygiene.

Article 73 of the Law on Construction 2003

18

Foreign investors engaged in construction activities

- Foreign organizations and individuals engaged in construction activities in the territory of the Socialist Republic of Vietnam must be granted an operating permit by the State administrative body for construction and satisfy the following conditions: a. Capability for construction practice shall be regulated with respect to individuals participating in construction activities. Capability for construction activities shall be regulated with respect to organizations participating in construction activities. b. Capability for construction practice of individuals shall be determined in accordance with grades on the basis of professional levels which a lawful professional training organization certifies and on the basis of experience and professional ethics. Any individual operating independently and participating in the design of construction master planning, construction survey, design of works or supervision of execution of works must have the appropriate practicing certificate and shall be personally liable for his or her work. c. Capability for construction activities of organizations shall be determined in accordance with grades on the basis of the capability for construction practice of individuals within such organization and on the basis of experience in construction activities, financial capacity, equipment, and management capability of the organization. - The construction activities include: + Construction of high-rise buildings; + Construction of civil works; + Erection and installation; + Finalization of high-rise building; + Other constructions works. WTO’s commitments: + Within 2 years from the admission date to WTO, the 100% foreign-owned enterprises shall only provide services for foreign-invested enterprises and the foreign-funded projects in Vietnam. + The foreign enterprise must be an entity belonging to a WTO’s member d. + After 3 years from the date of establishment, [the enterprises] are permitted to establish their branches.

19

Consultant for cost management

-Class 1: 05 individuals having cost engineering certificate, grade 1 - Class 2: 03 individuals having cost engineering certificate, grade 2, or 01 individual having cost engineering certificate, grade 1

Decree No. 112/2009/NĐ-CP

the Employer

20

Organizing the inspection, certification of quality conformity of the construction works

Announcement

Circular No. 03/2001/TT-BXD

the Ministry of Construction

21

Unit managing and operating the lighting system; green trees.

Eligibility

Decree No. 79/2010/NĐ-C

22

Unit managing and operating the sharing infrastructure

Eligibility

Decree No.72/2012/NĐ-CP

23

Conditions for the consultant in preparing urban planning

Having sufficient qualified individuals to ensure the full performance of all planning areas; having sufficient persons to be in charge of the project, class I

Decree No. 37/2010/NĐ-CP

the Department of Construction

24

Conditions for foreign individuals, organizations in preparing urban planning

Having proper consultancy capacity for the tasks undertaken

Decree No. 37/2010/NĐ-CP

- the Ministry of Construction ; - the people’s committee at all levels