FROM 1 JULY 2026: CHANGES TO ENTERPRISES' CAPACITY FOR CONSTRUCTION ACTIVITIES
From 1 July 2026, Construction Law No. 135/2025/QH15 and Decree No. 212/2026/NĐ-CP officially take effect, introducing changes relating to enterprises’ capacity for construction activities. Accordingly, organizations participating in construction activities must disclose their capacity information themselves, replacing the previous system of issuing capacity certificates.
1. Transition to self-disclosure of capacity information
Under Clause 6, Article 88 of the 2025 Construction Law, organizations participating in construction activities are responsible for disclosing their capacity information on the Ministry of Construction’s website. This information serves as a reference for project owners when selecting contractors.
Under Article 41 of Decree No. 212/2026/NĐ-CP, enterprises must disclose information on the Construction Activities Information System (https://csdlhdxd.gov.vn/), including their name, head office address, legal representative, enterprise identification number, and data on their capacity for construction activities.
2. Responsibilities of enterprises
The legal representative is responsible for the accuracy and truthfulness of the disclosed information. When information changes or is found to be inaccurate, the enterprise must update, amend, or correct it on the system in accordance with regulations.
Despite the transition to self-disclosure, enterprises must still ensure that their professional requirements, staffing, and actual capacity are appropriate to the fields and scope of work they undertake. Disclosure of information does not replace these requirements.
3. Points for enterprises to note
Enterprises providing design consultancy, construction supervision consultancy, and project management services must review their legal information, update their capacity profiles, and disclose information in accordance with regulations. They must also maintain records of professional personnel, experience, and projects undertaken to demonstrate their capacity when participating in contractor selection.
The transition to self-disclosure changes the management approach while placing greater responsibility on enterprises to ensure the transparency and accuracy of their capacity information.