Legal process of establishing a construction design company

Establishing a construction design company is an important process, requiring compliance with legal regulations and careful preparation of documents, practice certificates, and business registration procedures. This process not only helps businesses operate legally but also ensures that the company meets the requirements of Vietnamese law in the construction sector. Below are the detailed process and steps to establish a construction design company, from preparing documents to related legal procedures.

Conditions for establishing a construction design company

Before carrying out establishment procedures, a construction design company needs to meet the following basic conditions:

Professional conditions

The construction design company must have at least one member with a construction design practice certificate. According to the provisions of Clause 3, Article 67 of Decree No. 15/2021/ND-CP, individuals participating in construction design companies must have a practicing certificate appropriate to the fields of construction design in which they work. company participates. Specifically, the areas include:

• Structural design: Related to the structure of construction projects (excluding mining, transportation, and irrigation).
• Mechanical and electrical design of works: Related to electrical, mechanical, ventilation, and heat supply techniques.
• Water supply and drainage design: Related to the water supply and drainage system in the project.
• Transportation project design: Related to the design of roads, bridges, railways, and inland waterways.
• Irrigation project design: Related to irrigation projects and dykes.

Conditions for issuance of practicing certificates

According to Clause 3, Article 67 and Article 70 of Decree No. 15/2021/ND-CP, individuals who want to be granted a construction design practice certificate must have expertise and experience. Practicing certificates are divided into three classes: Class I, Class II, and Class III, depending on the complexity of the project and practical experience.

• Class I: Individual who is in charge or in charge of designing at least 1 Class I project or 2 Class II projects or higher.
• Class II: Individual who is in charge or in charge of designing at least 1 level II project or 2 level III works or higher.
• Class III: Individuals participating in the design of at least 3 works of class III or higher.

Procedures for establishing a construction design company

After fully preparing the conditions, the company needs to carry out legal procedures for business registration. This process includes the following steps:

Documents need to be prepared

Documents to establish a construction design company include the following legal documents:

• Application for business registration.
• Company charter: Regulations on the rights and obligations of members, and the company’s organizational structure.
• List of founding members or founding shareholders.
• Legal documents of founding members: Identity card, citizen identification card, or passport.
• Certificate of land use rights or office lease contract: To prove the legal headquarters address.
• Practicing certificates of founding members.

Implementation steps

• Step 1: Prepare documents to establish a company.
• Step 2: Submit application to the Department of Planning and Investment at the provincial or district level.
• Step 3: After the application is accepted, the company will receive a Business Registration Certificate.
• Step 4: The company publishes business information on the national portal.
• Step 5: After successful registration, the company needs to apply for a certificate of operating capacity for the construction design company.

Some notes when establishing a construction design company

When registering to establish a business design company, you should keep in mind the following issues:

• Check the company name: Make sure the company name does not overlap with registered businesses and complies with legal regulations on business naming.
• Ensuring practicing certificate: Founding members or legal representatives must have a practicing certificate in the field of construction design according to the provisions of law.
• Legal headquarters address: The company must have a legal headquarters address, proven by documents such as Land Use Rights Certificate or office lease contract.
• Choose an appropriate registered profession: You need to choose a construction design profession suitable to the field of operation of the company, including architectural design, structure, electromechanical design, water supply and drainage, transportation, and hydraulic design. profit,…
• Register for a tax code and tax obligations: After establishing a company, it is necessary to register a tax code and fulfill all tax and social insurance obligations for employees.
• Prepare complete documents: Company registration documents need to include business registration application, company charter, list of founding members, legal documents of members and representatives.
• Disclosure of business information: After receiving the business registration certificate, the company needs to disclose information according to the provisions of law.
• Certificate of operational capacity: Make sure the company has a certificate of operational capacity in the field of construction design if necessary for construction projects.
• Check regulations on labor safety and environmental protection: The company needs to comply with regulations on labor safety, environmental protection and other legal requirements in the construction industry.

Full support service for establishing a construction design company

To help customers save time and costs, Long Phan provides the service of establishing a full-service construction design company. Services include:

• Consulting on regulations related to the construction industry.
• Prepare all necessary documents to establish a company.
• Support for application submission and registration at authorities.
• Guidance and support in issuing practice certificates to founding members.
• Check and complete documents to avoid errors.
• Support the disclosure of business information according to regulations.
• Support in applying for operating capacity certificates for construction design companies.

Establishing a construction design company requires careful preparation and compliance with procedures. To ensure the company operates legally, customers need to prepare complete documents, practice certificates and carry out business registration procedures. If you need support in establishing a company, please contact Long Phan immediately via the hotline 0906735386 for detailed advice and comprehensive support.