PART 1 – General : Consultancy

Published: Wednesday, 21 May 2014 Written by ConstructionAddis

 

PART 1 – General


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1. Short Title
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This directive may be cited as the Amended Directives for the registration of Design Professionals and Consultants No 22/2013


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2. Definition
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In this Directive:

1. Applicant means any construction professional or consulting firm who has applied to the Ministry for Registration.

2. Bureau means Construction Industry Development and Regulatory Bureau.

3. Professional means an individual or legal personality registered with the Ministry after having satisfied the various requirements specified in this Directive.

4. Consultant means an individual or legal personality registered with the Ministry after having satisfied the various requirements specified in this Directive.

5. Department means The Department for Registration of Contractors, Consultants, Professionals, and Construction Equipment in the Ministry under the Bureau.

6. Ministry and Minister means the Ministry and the Minister of Urban Development and Construction, respectively.

7. Person means natural or juridical person.

8. Project means a consultancy project.

9. Register means the record containing entries of the names of the Construction Professionals and Contractors who are qualified to be registered as provided for in this Directive.

10. Any expression in the masculine gender includes the feminine and firms.


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3. Scope of Application
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This Directive shall apply to Design Professionals and Consultants who registered as a professional and consultant in the ministry and involved in the Federal and Regional government financed projects

 

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4. Powers and Duties of the Department
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1. The Department shall accept all applications submitted to the Ministry for registration, renewal and upgrading and shall examine such applications as objectively as possible on the basis of the requirements specified in this Directive.

2. The Department, having examined the application, may decide that the applicant may register, his certificate of registration renewed, upgraded or may reject the application.

3. The Department shall keep an up-to-date register of all persons registered with the Ministry in accordance with this Directive.

4. The Department shall make a quarterly meeting with the relevant Associations to evaluate the registration activities.

 

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5. Registration
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1. Any natural or juridical person who satisfied the requirements specified to these guidelines may file an application with the Ministry to be registered and to have his name entered in the register.

2. The application shall be submitted through one of the formats annexed with this Directive.

3. All practicing professionals and consultants already registered require to renew their registrations with the Ministry yearly in accordance with this Guideline. Other professionals are to renew once in two years.

4. A professional may be registered both for design and construction fulfilling the requirements independently. A professional may take part in one and same project if and only if the project is turn key (design and build) project.

5. A consulting company can also have a construction firm fulfilling the requirements independently. Both the construction company and the consulting firm could take part in one and same project if and only if the project is turn key (design and build) project.

6. All Design professionals and Consultants desiring to carry out activity related to construction works are required to register with the Ministry in accordance with this Directive. No company or professional may carry out any design or supervision without getting certificate of competence from the Ministry.

7. All foreign consulting companies and their professionals who may undertake any activity related to construction works in the country ere to be register in the Ministry.

8. All foreign consultants who want to take part in National Competitive Biddings shall be registered as Consulting firm of class I for all category, and they shouldn’t participation NCB below class one.

9. Foreign professionals and consultants who are presently engaged or are planning to undertake any activity related to building, transport and civil engineering construction design and supervision works ,of any duration, in Ethiopia are obliged to register with the Ministry.

10. Every person whose name is entered in the register shall keep the Department promptly informed on any change at the particulars listed in his application and the Department shall amend the Register accordingly.

11. The Department shall keep an up-to-date register of all persons with the Ministry in accordance with this guideline.

 


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6. Certificate of Registration
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1. Any person who, according to the examination of the Department, has satisfied the requirements under this Directive, shall be entitled to have his name entered in the Register and to hold certificate of competence.

2. The Certificate of Competence shall contain:

Full name of the registered applicant and name of firm;

Category and grade or professional classification and specialized fields;

Date of first registration; and

Dates of all subsequent renewals.

3. The certificate of competence shall bear the seal of the Ministry end being serially numbered, shall be signed by the Department Director.

4. In the event a certificate is lost or destroyed and such a loss or destruction is proved to the satisfaction of the Department by the responsible institutions, a duplicate of such registration certificate may be issued to the holder upon payment of twice the fee for registration.


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7. Renewal of Registration
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1. Registration of consultants and practicing professionals shall be valid for a period of one year beginning from the date of such registration and may be renewed for additional one year period (renewal for every year).

2. Registration of other professionals shall be valid for a period of two years beginning from the date of such registration, and may be renewed for additional two years period (renewal for every two years).

3. Any professional who wants to take part in any design and supervision activity should have a renewed professional registration certificate.

4. For renewal of registration an applicant should bear a letter (authenticated by the relevant Association) that proves he stayed active in the industry at least for one year or participated in one project in his area of competence.

5. No registration may be renewal unless the person seeking renewal has been complying with the requirements for registration set out herein.

6. Practicing professionals applying for renewal within one year (one term) after the expiry date of their certificate of registration may renew their certificate upon payment of Birr 200.

7. Other professionals applying for renewal within two yeas (one term) after the expiry date of their certificate of registration may renew their certificate upon payment of Birr 100.

8. Any registration that is not renewed within two terms of its expiry date shall be deemed to be canceled automatically. If the professional wants to be registered, he should start as new registration.

9. For renewal the professional himself should apply or the employer should write a letter that request renewal.

10. Registration of Consultants shall be valid from the date of such registration till end of October that comes after the date of registration.

11. Registration of consultants that is not renewed within one year after its expiry date shall be deemed to be canceled automatically.

 


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8. Suspension of Registration Certificate
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A registration certificate may be suspended if its holder.


1. Fails to comply with the requirements set out in the procedure for carrying out the design and supervision of building, transport and all civil engineering construction projects;

2. Shows misconduct or gross negligence in matters relating to his professional practice;

3. Fails to submit programs, reports and other relevant information as required by the Ministry;

4. Contributes to the delays (does not assure the timely completion) of the project it is designing, supervising or managing;

5. Employs government employees without requiring them to produce release of employment, or

6. Fails to abide by the codes of practice and or the best standards of professional practice in the trade for design and supervision of project.

7. Pursuant suspension, the certificate shall be returned forth with to the Ministry.

8. If its certificate of competence is suspended, the consultant may be allowed to complete its ongoing projects provided that the contractual agreement allows it to do so.

 


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9. Cancellation or Renovation of Certificate
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Certificate of registration shall be canceled or revoked as the case may be:

1. When the registered person dies, is incapacitated, quits the business or fails to comply with the requirements in this Directives or other Rules and Regulations which may be issued by the Ministry from time to time;

2. When the registered person exhibits the defects stated under article 1.6 twice.

3. If the person passes its registration certificate to other person without eligible employment.

4. When registered juridical person is bankrupt or dissolved.

5. If its certificate of competence of a consultant is, cancelled or revoked, the consultant may be allowed to complete its ongoing projects provided that the contractual agreement allows it to do so.

 


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10. Appeal
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1. Upon receipt of notification of the rejection of their application, or suspension, cancellation or revocation of their certificates of registration applicants may, within thirty (30) days from the date of receipt of the said notification, appear before the Bureau in defense of their application.

2. The Bureau shall fix the place and time of hearing and shall give adequate notice thereof to the concerned applicant.

3. If the applicant fails to defend his application within the prescribed thirty (30) days, no hearing shall take place.

4. Having heard the defense of the applicant, the Bureau shall submit its decisions in writing to the Minister for his approval or views thereon.

 


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11. Representation
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Individuals and juridical persons registered or to be registered may be represented by legally authorized individuals. This representation does not apply for registration of professionals and contractors who acquire their certificate of competence due to their education and experience.

 

 

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12. Prerogative of the Ministry
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The Ministry has the right to suspend, cancel or revoke the certificate of registration for reasons arising from policy or administrative circumstances.

 

 

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13. Transfer
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If the bearer of a certificate of registration is incapacitated or dies, the certificate is eligible for transfer to the legal inheritor provided the inheritor fulfills the requirements of this Directive. This representation does not apply for registration of professionals and contractors who acquire their certificate of competence due to their education and experience.

 

 

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14. Follow-up
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The Department shall be responsible to follow-up the decision it made and to make sure that each registered person under these Directive is operating legally and efficiently in accordance with the requirements under which his certificate of competence is issued.

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