Construction Services - Amendment to Government Regulation

Government Regulation No. 4 of 2010 - an amendment to Government Regulation No. 28 of 2000 on the Business and Role of the Construction Service Community - essentially gives structure to the certification systems for both workers and companies in the construction industry. In so doing, the amendment establishes both National and Provincial Labor Certification Units, which administrate skill certification procedures, and register qualified workers in the construction labor force.

National and Provincial Certification Units are subordinated to the National and Provincial Construction Boards. Whereas previously, those Boards were to be internally regulated through their Articles of Association, the amendment instead mandates their operations be governed by Ministerial or Gubernatorial Regulation. In an effort to improve the quality and composition of those Boards, the amendment requires the Board membership to include construction and development-related specialists from universities.

For construction workers, Articles 28A and 28C will now regulate the critical procedures for the labor certification system - correspondingly, Section III (Articles 15, 16, 17, 18, 19) of the original regulation has been repealed and replaced. For construction businesses, Article 28B obliges National and Provincial Construction Boards to establish National and Provincial Business Certification Units, and regulates how those Units are to go about certifying the qualifications of a construction business.

Whereas previously, the following matters were to be regulated by the National and Provincial Construction Boards, the amendment calls for further Ministerial and Gubernatorial implementing regulation to address: elaborated tasks and authorities of National and Provincial Construction Board Secretariat; sub-classification and sub-qualification of construction businesses; risk criteria, and; technology and expenses for construction businesses.

National and Provincial Construction Boards are given until the end of December 2011 to implement the provisions of the amended regulation, and to bring their management structure in line with the amended regulation’s requirements. Until then, the existing Boards can continue their normal duties.

Among many modifications, along with Section III, Articles 13 and 33 of the original regulation (provisions on accreditation institutions, professional associations, and sanctions) have been repealed and replaced by the amendment

This Regulation has been in force since 6 January 2010.