From 01/7/2026, one of the biggest changes in construction law takes effect: organizations participating in construction activities no longer need a construction capacity certificate. The long-standing “apply — issue” mechanism for Grade I, II and III capacity certificates is officially abolished, replaced by self-declaration of capacity on the national data system.
This article analyzes the new rules under the 2025 Construction Law and Decree 212/2026/ND-CP, helping contractors understand their new obligations — and avoid misunderstandings that could create legal risk.
1. The core change: organizational capacity certificates abolished
Under Clause 6 of Article 88 of the 2025 Construction Law, organizations participating in construction activities shall self-declare their construction capacity information on the Ministry of Construction’s portal. The Department of Construction Economics and Investment Management (Ministry of Construction) has confirmed: from 01/7/2026, organizations are no longer required to hold a construction capacity certificate.
This marks a shift from “pre-approval” management (licensing, certification) to management by data and post-inspection — fewer administrative procedures, greater transparency and corporate responsibility.
2. Where and what to declare?
Organizations self-declare on the National Database on Construction Activities — at csdlhdxd.gov.vn. Under Article 41 of Decree 212/2026/ND-CP (issued 17/6/2026, effective 01/7/2026), declared information includes:
- Name, head office, legal representative, enterprise code;
- Construction capacity information: fields of operation (survey, design, construction, supervision, project management, inspection, etc.), key personnel, completed project experience, machinery and equipment.
The organization’s legal representative is responsible for the accuracy and truthfulness of declared information. Regulators may verify (post-inspection) and sanction false declarations.
3. “No certificate” does not mean “no capacity requirements”
This is the most dangerous misunderstanding. Abolishing the certificate requirement does not mean companies may take on any construction work. For each specific project, work or bid package, companies must still:
- Assign personnel with capacity appropriate to the assigned work;
- Ensure individuals holding professional or key management titles possess practice certificates as required (individual practice certificates are retained — see our article on individual practice certificates);
- Meet capacity conditions for each field when bidding and contracting.
4. Impact on bidding: tender dossiers must be updated
Declared capacity information is the basis for investors to consider when selecting contractors. The direct consequence: bidding dossiers (HSMT) still requiring contractors to submit a “construction capacity certificate” are no longer consistent with the new law — similar to the earlier lesson when many dossiers still demanded practice certificates for site managers after Decree 175/2024 had abolished that requirement.
Investors and bid solicitors must update dossiers: replace the certificate submission requirement with lookup and cross-checking of contractor capacity on the National Database. State agencies also may not require organizations or individuals to provide documents already available on the database.
5. What should businesses do now?
- Review and standardize capacity dossiers: corporate legal information, key personnel files, labor contracts, project experience, machinery and equipment;
- Self-declare on the Ministry of Construction’s system — truthfully, completely, and updated when changes occur;
- Review bidding dossiers: remove outdated organizational capacity certificate requirements; add database lookup mechanisms;
- Do not “borrow” capacity: self-declaration with post-inspection and legal-representative liability makes false declarations riskier than before.
Frequently asked questions
Q: Is our company’s Grade I capacity certificate issued in 2024 still valid?
A: From 01/7/2026, the organizational capacity certificate mechanism no longer exists — the old certificate has no legal value for proving capacity conditions. Companies switch to self-declaring capacity on the Ministry of Construction’s system.
Q: A newly established company with no completed works — can it self-declare?
A: Yes — organizations declare their actual capacity status (current personnel, equipment). Investors will assess suitability for each specific bid package based on this information.
Q: Do individuals in the company still need practice certificates?
A: Yes. The abolition applies only to organizations; individuals holding titles or practicing independently in the 4 fields (survey, planning, design, supervision) must still hold practice certificates under Decree 212/2026.
Need to review capacity dossiers and bidding procedures under the new mechanism? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.
