Regulations Regarding the Classification of Construction MerchantsIssued pursuant to I. General Provisions1. This Regulation prescribes: 1.1. the information to be submitted for the receipt of a classification document; 1.2. the types of and criteria for the classification of construction merchants; 1.3. the conditions for the receipt of the single and temporary classification document; 1.4. the conditions for the amendment or revocation of the decision to grant a classification document; 1.5. the powers of the classification authority; 1.6. the procedures for placing, maintaining, updating and checking information on the classification of construction merchants. 2. Classification shall be applied to: 2.1. construction merchants - performers of construction work (hereinafter - the building contractor) registered with the Enterprise Register and the Construction Merchant Register of the Republic of Latvia (hereinafter - the Register); 2.2. foreign merchants which are applying for the performance of construction works in accordance with the procedures laid down in Section 23, Paragraph one of the Construction Law; 2.3. associations of building contractors which are applying for the performance of construction works in accordance with the procedures laid down in Section 23 of the Construction Law. [25 April 2017] 3. The classification system (hereinafter - the system) shall include the following types of classification: 3.1. classification under general procedures; 3.2. temporary classification; 3.3. single classification; 3.4. repeated classification; 3.5. classification of associations of building contractors; 3.6. transfer of the qualification. [25 April 2017] 4. Building contractors shall be classified, amendments to the decision on the classification shall made, and also classification shall be revoked by the State Construction Control Bureau (hereinafter - the classification authority). [13 December 2016] 5. The classification authority shall enter information on classification in the Register and ensure public availability thereof free of charge in electronic environment, except for the data access to which is restricted in accordance with the laws and regulations regarding commercial secret and data protection. The Register shall be a part of the Construction Information System. [25 April 2017] 6. The classification authority shall obtain information on the conformity of the building contractor with the requirements referred to in Sub-paragraph 36.2 of this Regulation electronically in the online regime of data transmission from the State Information System "Punishment Register" maintained by the Information Centre of the Ministry of the Interior (hereinafter - the Punishment Register). [10 May 2022] II. Procedures for the Classification of the Building Contractor7. The classification authority shall classify under general procedures the building contractors which meet the following conditions at the time of the classification: 7.1. the building contractor is registered with the Register for at least three years and data on three full years of activity are available in the Register; 7.2. on the day of taking the decision the contractor employs at least one certified construction specialist (hereinafter - the construction specialist) the field of activity of which includes the management of general or specialised construction works; 7.3. [25 April 2017]. 8. Class 5 shall be assigned to the building contractors on which data for less than one year of activity are available in the Register. [3 May 2018 / The new wording of the Paragraph shall come into force on 1 March 2019. See Paragraph 3 of Amendments] 8.1 The building contractor shall not be classified under general procedures if its registration with the Register has been suspended or the building contractor has been excluded from the Register for more than six months in one calendar year within the last four calendar years. [25 April 2017; 3 May 2018 / Amendment to the Paragraph shall come into force on 1 March 2019. See Paragraph 3 of Amendments] 9. The classification institution shall assign a qualification class from the first until fifth where the first class is the highest qualification, but the fifth - the lowest. [10 May 2022] 10. [25 April 2017] 11. [10 May 2022] 12. The qualification class characterises the professional experience, financial and economic indicators of the building contractor, and also its conformity with such technical criteria which characterise the sustainability of the contractor (hereinafter - the sustainability criteria). [25 April 2017] 13. The classification authority shall recognise the conformity of the building contractor with the qualification on the basis data from public registers and information provided by the building contractor. 14. The qualification class shall be determined by calculating the arithmetic mean result from the sum obtained in professional experience criteria (criterion 1, 3 and 4) which is adjusted in conformity with financial and economic indicators of the building contractor and assessment of its sustainability criteria. [10 May 2022] 15. Qualification classes shall be calculated using the following formula: BK.Kl. = Σ P.Kl., Fe.Kl., I.Kl., where
Fe.Kl. = adjustment of P.Kl. or exclusive condition and I.Kl.= adjustment of P.Kl. or exclusive condition; BK.Kl. - qualification class of the building contractor; P.Kl. - professional experience indicator; Fe.Kl. - financial and economic indicators; I.Kl. - sustainability indicator; Kl. - class; n.n. - criterion sequence number, sequence number of the assessment period (year). [3 May 2018 / Amendment to the Paragraph shall come into force on 1 March 2019. See Paragraph 3 of Amendments] 15.1 The classification authority shall, upon its own initiative, classify the building contractor which has been entered in the Enterprise Register of the Republic of Latvia as a partnership at least once a year and calculate its qualification class in accordance with Paragraph 44 of this Regulation if the building contractor meets the conditions referred to in Sub-paragraph 44.1 of this Regulation. [25 April 2017; 3 May 2018 / Amendment to the Paragraph shall come into force on 1 March 2019. See Paragraph 3 of Amendments] 16. The classification authority shall compile information on the building contractor, examine the conformity of data with the qualification criteria and take one of the decisions referred to in Paragraph 54 of this Regulation. 17. The decision shall be prepared in the form of an electronic document, signed with a secure electronic signature and sent to the building contractor to such electronic mail address which the building contractor has indicated to the Register. 18. The classification authority shall carry out the classification of the building contractor under general procedures at least once a year. 19. The building contractors which are registered with the Register for less than three years but more than a year may apply for a temporary classification. 19.1 The building contractors which meet the conditions referred to in Sub-paragraph 8.1 of this Regulation and the registration of which with the Register at the moment of classification has been renewed for more than one year may apply for a temporary classification. [3 May 2018 / The Paragraph shall come into force on 1 March 2022. See Paragraph 3 of Amendments] 20. The qualification may be transferred to one acquiring building contractor if the building contractor is being reorganised by dividing it. The qualification may be transferred only under a written agreement of all divestitured companies in accordance with the procedures referred to in Chapter VII of this Regulation provided that significant competences and resources characterising the qualification are transferred to one of the divestitured companies. When qualifying the building contractor which has received the transferred qualification, the classification authority shall assess the data on competences, resources and commitments of the reorganised undertaking insofar as they characterise the qualification of the divestitured building contractor. [25 April 2017] 21. The information and data used for qualification, except for the information from the Punishment Register, shall be compiled and maintained in the Register in the electronic environment on the website of the Construction Information System. 22. Within the classification process, the circulation of documents shall be completely electronic. 23. The building contractor may electronically submit a submission to the classification authority by completing a special online form on the website of the Construction Information System https://bis.gov.lv, provided that the State Information System Integrator Authentication Module managed by the State Regional Development Agency is used for authentication. 24. The classification authority shall send all the correspondence related to the classification of the building contractor to the electronic mail address which the building contractor has indicated to the Register. III. Data, Information to be Used for Classification and Sources Thereof25. In order to classify the merchants registered in Latvia, the following data shall be acquired from the Register: 25.1. the name of the merchant; 25.2. the registration number of the merchant; 25.3. the registration date of the merchant with the Register; 25.4. the number and sphere of certification of those construction specialists which have been employed with the building contractor during the previous three years; 25.5. the duration of registration of the building contractor with the Register; 25.6. the total amount of the construction services provided during the previous three years; 25.7. [10 May 2022]; 25.8. the information on the introduced and certified systems or quality assurance systems equivalent thereto which are based on the relevant European standard series approved by accredited bodies: 25.8.1. quality management systems; 25.8.2. environmental quality management systems or the European Union Eco-Management and Audit Scheme (EMAS); 25.8.3. occupational safety and occupational health management systems; 25.8.4. other accredited specialised construction sector certification which is based on the relevant European standard series which is approved by accredited bodies; 25.9. the certification on belonging to an employersʼ or professional organisation of the construction sector registered in the Republic of Latvia or any country of the European Economic Area in conformity with group 94.1 of NACE Rev. 2; 25.10. the certification of collective employment agreement in effect which has been entered into by the contractor which is a member of a national level association of organisations of employers with a trade union which is a member of a national level association of trade unions. 26. In order to classify the merchants registered in Latvia, the classification authority shall receive information from the Punishment Register on the violations of the norms of the Criminal Law and other laws committed by the building contractor (the name of the legal act, and also the legal norm violated and a period for which the information is to be verified are provided in Annex 3 to this Regulation). [10 May 2022] 27. In order to classify the merchants registered in Latvia, the following data shall be obtained from the registers of the Enterprise Register: 27.1. the name of the merchant; 27.2. the registration number of the merchant; 27.3. [10 May 2022]; 27.4. the actual data on the merchant in the insolvency register. 28. In order to classify the merchants registered in Latvia, the following data shall be obtained from the State Revenue Service: 28.1. the name of the merchant; 28.2. the registration number of the merchant; 28.3. [3 May 2018 / See Paragraph 3 of Amendments]; 28.4. [10 May 2022]; 28.5. equity proportion of the merchant in assets in accordance with the submitted annual statements (by years) within the previous three years; 28.6. performance of the tax payment commitments in conformity with the database of public tax debtors of the State Revenue Service on the date of the last data update; 28.7. average monthly work income of the persons employed by the merchant (by years) within the previous three years. 29. In order to classify the merchants registered in Latvia, the data on the average monthly work remuneration of the employed persons shall be obtained from the Central Statistical Bureau in conformity with Section F "Construction" of NACE Rev. 2 for the previous three years. IV. Classification Criteria and Determining the Conformity of the Building Contractors30. The classification authority shall classify the building contractors in three criteria groups - professional experience, financial and economic indicators and sustainability. 31. The classification authority shall establish the conformity with one general qualification class in the criteria group of professional experience. [10 May 2022] 32. The following criteria have been determined for the assessment of professional experience: 32.1. criterion 1 - the number of permanent practices granted to the construction specialists employed with the building contractor during the previous three years. If the construction specialists employed with the building contractor: 32.1.1. have been granted 15 or more permanent practice rights in each reporting year, the building contractor corresponds to Class 1; 32.1.2. have been granted 10-14 permanent practice rights in each reporting year, the building contractor corresponds to Class 2; 32.1.3. have been granted five to nine permanent practice rights in each reporting year, the building contractor corresponds Class 3; 32.1.4.have been granted one to four permanent practice rights in each reporting year, the building contractor corresponds to Class 4; 32.1.5. have not been granted any permanent practice rights in any reporting year, the building contractor corresponds to Class 5; 32.2. [25 April 2017]; 32.3. [10 May 2022]; 32.4. criterion 3 - experience of the building contractor in construction: 32.4.1. more than eight years - the building contractor corresponds to Class 1; 32.4.2. more than six years and three months up to eight years - the building contractor corresponds to Class 2; 32.4.3. more than four years and seven months up to six years and three months - the building contractor corresponds to Class 3; 32.4.4.more than three years up to four years and seven months - the building contractor corresponds to Class 4; 32.4.5. up to three years - the building contractor corresponds to Class 5; 32.5. criterion 4 - the total amount of construction services provided during the previous three years of activity: 32.5.1. more than EUR 15 000 000 in each reporting year - the building contractor corresponds to Class 1; 32.5.2. between EUR 5 000 000.01 and 15 000 000 in each reporting year - the building contractor corresponds to Class 2; 32.5.3. between EUR 1 000 000.01 and 5 000 000 in each reporting year - the building contractor corresponds to Class 3; 32.5.4. between EUR 75 000.01 and 1 000 000 in each reporting year - the building contractor corresponds to Class 4; 32.5.5. up to EUR 75 000 in each reporting year - the building contractor corresponds to Class 5; 32.6. [3 May 2018 / See Paragraph 3 of Amendments]. [25 April 2017; 3 May 2018; 10 May 2022] 33. [10 May 2022] 33.1 [10 May 2022] 34. The following criteria have been determined for the assessment of financial and economic indicators: 34.1. [10 May 2022]; 34.2. criterion 7 - equity ratio which is expressed by equity percentage proportion against the total amount of assets: 34.2.1. 20 % and more - the building contractor corresponds to Class 1; 34.2.2. from 15 % to 19.99 % - the building contractor corresponds to Class 2; 34.2.3. from 10 % to 14.99 % - the building contractor corresponds to Class 3; 34.2.4. from 5 % to 9.99 % - the building contractor corresponds to Class 4; 34.2.5. less than 5 % - the building contractor corresponds to Class 5. 34.3. criterion 8 - the indicator of work remuneration for the previous three years against the average work remuneration within the sector in the country of registration of the merchant is at least within the scope of -10 %. If the average work remuneration within the sector in the country of registration of the building contractor is lower than in the Republic of Latvia, work remuneration shall be assessed against the indicators of the Republic of Latvia. If work remuneration in the building contractor in any of previous three years has been lower for more than 10 % than the average work remuneration of the relevant year in the sector, an adjustment in the amount of 0.245 points shall be applied to the class determined in the result of the qualification of professional experience for each year when the indicator has not been reached; 34.4. criterion 9 - information on the debt of taxes (duties) administered by the State Revenue Service which in the taxation period exceeds EUR 150 as of the last update date (by taxation periods during one year from taking the decision on classification). If the contractor has had tax debts in any of the calendar months of the assessment period, an adjustment in the amount of 0.1 points shall be applied for each such established case; 34.5. criterion 10 - insolvency. If at the time when the qualification is determined the economic activity of the merchant has been suspended or insolvency has been declared, the contractor shall not be classified; 34.6. [3 May 2018 / See Paragraph 3 of Amendments]. [25 April 2017; 3 May 2018; 10 May 2022] 35. The conformity with the sustainability criteria shall be determined by assessing the adherence to the principles of good entrepreneurship and fair professional practice in the contractor. 36. The following criteria have been determined for the assessment of sustainability indicators: 36.1. criterion 12 - certification systems meeting the international and sectoral standards or quality assurance systems equivalent thereto which are based on the relevant European standard series approved by accredited bodies have been introduced and certified in the building contractor: 36.1.1. the quality management system, environment management system or the European Union Eco-Management and Audit Scheme (EMAS), and also occupational safety and occupational health management system have been introduced and certified in the building contractor - the building contractor corresponds to Class 1; 36.1.2. the quality management system, environmental management system or the European Union Eco-Management and Audit Scheme (EMAS) has been introduced and certified in the building contractor - the building contractor corresponds to Class 2; 36.1.3. the quality management system has been introduced and certified in the building contractor - the building contractor corresponds to Class 3; 36.1.4. for each next management system of the construction sector or entrepreneurship processes recognised by the notified certification authority which has been introduced in the contractor or quality assurance system equivalent thereto which is based on the European standard series approved by accredited bodies, an adjustment in the amount of 0.25 classification points, but not more than 0.5 points, shall be applied; 36.1.5. for the building contractors which in the result of professional experience qualification have obtained Class 4 or 5, the certification systems are not a classification condition. Maximum adjustment which such building contractors may receive for certified management systems of the construction sector or entrepreneurship processes shall be 0.5 points; 36.2. criterion 13 - the assessment principle laid down in the building contractor for the compliance with the principles of good entrepreneurship practice in all classes - if at the time of classification the Punishment Register contains data on binding and valid decision which cannot be contested, a public prosecutor's penal order or relevant final judgment of the court by which the decision to suspend construction works or punishment imposed in accordance with the procedures laid down in the laws and regulations has been retained in effect which is substantiated by: 36.2.1. violations of the norms governing construction; 36.2.2. violations of the norms governing environmental pollution; 36.2.3. violations of ire safety norms; 36.2.4. violations of occupational safety norms; 36.2.5. criminal offences in the national economy; 36.2.6. violations of the regulations regarding employment of persons; 36.2.7. a coercive measure which has been imposed for the violation of the norms of the Criminal Law referred to in Annex 3 to this Regulation for a period of 36 months or violation of the norms of other laws for a period of 12 months before taking the decision on classification. If the data of the Punishment Register indicate to a violation of the norms of the Criminal Law or Labour Law referred to in Annex 3 to this Regulation in the field of employment relations, an adjustment in the amount of 0.5 points shall be applied. For the violations of the norms of other laws referred to in Annex 3 to this Regulation, an adjustment in the amount of 0.1 point shall be applied; 36.3. criterion 14 - participation in an employers' and professional organisation of the construction sector registered in the Republic of Latvia or in any country of the European Economic Area (NACE Rev. 2, group 94.1.). For current and at least one calendar year long membership in one or several organisations, an adjustment in the amount of -0.25 points shall be applied; 36.4. criterion 15 - a valid collective agreement. If the contractor which is a member of a national level association of employers has entered into the collective agreement with a trade union which is a member of a national level association of trade unions, and at the time of qualification such collective agreement is in effect, an adjustment in the amount of -0.25 points shall be applied; 36.5. criterion 16 - a party to a generally binding general agreement. If the building contractor has signed a generally binding general agreement in conformity with Section 18, Paragraph four of the Labour Law and the general agreement is in effect at the time of qualification, an adjustment in the amount of -0.25 points shall be applied. [25 April 2017; 3 May 2018; 10 May 2022] 36.1 If the classification authority establishes, while calculating the qualification class in conformity with Paragraph 15 of this Regulation, that the class acquired is higher than the conformity requirements of the class laid down in Sub-paragraphs 36.1.1, 36.1.2 and 36.1.3 of this Regulation, the qualification class shall be adjusted so that it would conform to the requirements for the management systems introduced and certified in the building contractor. [25 April 2017] V. Provisions for Single and Temporary Classification37. The classification authority shall carry out temporary qualification for registered building contractors which on the day of qualification have been registered with the Register for less than three years. 38. The classification authority shall carry out temporary qualification after receipt of the submission from the building contractor (Annex 4). 39. The classification authority shall carry out a single qualification for foreign merchants who are applying for the performance of construction works in accordance with the procedures of Section 23 of the Construction Law if the classification submission (Annex 5) has been received and the contractor requesting the classification has submitted documents to the classification authority which validate the information to sufficient extent in accordance with Chapter III of this Regulation. 40. The decision on the classification of the building contractor classified under the temporary and single qualification process shall be in effect for one year. [10 May 2022] 41. In order to carry out the single and temporary classification, the classification authority shall verify the data on the building contractor available at the time of qualification in conformity with Chapter III of this Regulation. The building contractor shall be assessed under Chapter IV of this Regulation in those criteria for which the data on the verification period are available. If data are available for a shorter period than provided by this Regulation, an adjustment in the amount of 0.245 points shall be applied for each assessment period for which the data are not available. VI. Conditions for the Classification of Associations of Building Contractors42. The classification authority shall carry out classification of the associations of building contractors (hereinafter - the association) on the basis of the submission of the association (Annex 6). 43. The decision on classification issued to the association shall be in effect for one year. After expiry of the term of validity of the decision, the classification authority shall not carry out repeated classification of the association under general procedures. 44. The conditions for the qualification of the association: 44.1. all building contractors forming the association have been qualified in accordance with any of the types of classification referred to in this Regulation; 44.2. one common qualification class shall be assigned to the association which is determined: 44.2.1. by summing up the data of the members of the association in criterion 1 and 4; 44.2.2. in criterion 3, the duration of registration of the member which has been registered with the Register for the longest period shall be applied to the association; 44.2.3. [3 May 2018 / See Paragraph 3 of Amendments]; 44.2.4. by summing up the adjustment which must be applied to each member of the association in conformity with the qualification in criterions 7, 8, 9, 12, 13, 14, 15 and 16; 44.2.1 the qualification principles referred to in Paragraph 36.1of this Regulation shall be applied to the qualification result obtained in accordance with the procedures referred to in Sub-paragraph 44.2 of this Regulation; 44.3. [10 May 2022]; 44.4. if any of the merchants included in the association is not a building contractor within the meaning of this Regulation, the details of this undertaking shall not be assessed; 44.5. if any member of the association does not meet the requirements of criterion 10, the classification authority shall take the decision to discontinue the qualification; 44.6. if any member of the association has been classified under the procedures laid down in Paragraph 8 of this Regulation, the qualification Class 5 shall be assigned to the association. [25 April 2017; 3 May 2018; 10 May 2022] 44.1 [10 May 2022] VII. Transfer of Qualification45. The classification authority shall take the decision on the transfer of the assigned and valid qualification to the merchant established in the result of reorganisation on the basis of the submission of the acquiring building contractor (Annex 7). 46. The qualification may be transferred only when by reorganisation one building contractor is divestitured and the acquiring building contractor employs all certified specialists employed in the reorganised building contractor on the day of classification, and conformity with financial and economic and sustainability qualification criteria does not change after reorganisation. 47. If several building contractors are established by separation, the classification of the reorganised building contractor shall not transferred to any of the acquiring building contractors. VIII. Amendment, Revocation of Classification and Repeated Classification48. The classification authority shall make amendments to the decision on classification or take the decision to revoke the classification before the end of the period referred to in the decision if it establishes by verifying the conformity of the building contractor or association with the classification provisions referred to in Chapter IV of this Regulation that the information referred to in Chapter III of this Regulation indicates to changes as a result of which the building contractor or association no longer corresponds to the assigned qualification class or it does not have the competence indicated in the decision. 49. If the classification authority establishes non-conformity with the qualification, it shall inform the building contractor or the association thereon in accordance with the procedures laid down in Paragraph 24 of this Regulation. If within 10 working days after providing information to the building contractor or association the established non-conformity with the qualification has not been eliminated, the classification authority shall make amendments to the decision on classification or take the decision to revoke classification, if due to non-conformities the building contractor or association no longer meets the classification conditions referred to in Chapter IV of this Regulation. 50. The decision on classification shall be revoked if the building contractor is excluded from the Register. 51. After receipt of the submission from the building contractor (Annex 8), the classification authority may decide on repeated classification of the building contractor if changes have occurred in the building contractor or operating indicators thereof which affect the qualification indicators referred to in Chapter IV of this Regulation, and if the decision referred to in Sub-paragraphs 54.1, 54.3 or 54.5 of this Regulation is in effect in respect of the building contractor. [25 April 2017] IX. Operation and Powers of the Classification Authority52. The classification authority has the following duties: 52.1. to carry out classification of building contractors in conformity with this Regulation; 52.2. to ensure classification of building contractors under general procedures not less than once a year; 52.3. to take the decision on the classification of the building contractor within five working days after receipt of the submission for temporary classification and within 10 working days after receipt of the submission for the single classification; 52.4. to take the decision on the classification of the association within five working days after receipt of the submission for the classification of the association; 52.5. to verify that all data to be submitted for classification in conformity Chapter III of this Regulation is available to it; 52.6. to compile and maintain information on the classified building contractors and information used for the classification in electronic environment in conformity with Chapter X of this Regulation; 52.7. to provide explanations on the process of the assessment of the building contractor and decisions taken. 53. The classification authority has the right to request and receive the information necessary for classification, and also explanations from the registers of State and local government institutions and building contractors. 54. The classification authority shall take one of the following decisions: 54.1. the decision on classification; 54.2. the decision on the transfer of qualification; 54.3. the decision to discontinue qualification; 54.4. the decision to make amendments in the classification; 54.5. the decision to revoke classification; 54.6. the decision to refuse the transfer the qualification. [25 April 2017] 55. In addition to that laid down in Section 67, Paragraph two of the Administrative Procedure Law, the following shall be included in the decision on the classification of the building contractor: 55.1. the registration number of the building contractor; 55.2. the details of the assigned qualification; 55.3. [10 May 2022]; 55.4. the indication that updated information on the qualification of the building contractor is electronically available in the Register after authorisation in the Construction Information System. [25 April 2017] 56. If the classification authority establishes during the qualification that the building contractor for which none of the decisions referred to in Sub-paragraphs 54.1, 54.2 or 54.4 of this Regulation is in effect does not correspond to any of the qualification classes, the classification authority shall take the decision to discontinue the qualification. The building contractor for which the qualification process carried out under general procedures has been discontinued shall be classified under the procedures laid down in Paragraph 18 of this Regulation. [25 April 2017] 57. If the classification authority makes amendments to the classification or takes the decision to discontinue the qualification or to revoke the classification, the substantiation for making amendments, and also discontinuing the qualification or revocation of the classification shall be indicated in the decision. [25 April 2017] 58. The decision shall come into effect on the next working day after notification thereof in the Construction Information System. 59. The decision of the classification authority may be contested in accordance with the procedures laid down in the Cabinet Regulation No. 576 of 30 September 2014, By-laws of the State Construction Control Bureau. [13 December 2016] X. Public Availability, Maintaining, Updating and Checking of the Data on the Classification of Building Contractors60. Information on the result of the classification shall be entered and kept in electronic environment on the website of the Construction Information System https://bis.gov.lv, except for the data the accessibility to which is restricted by the laws and regulations regarding protection of commercial secret and personal data protection. 61. The classification authority shall prepare the decisions in the Construction Information System, and they shall be signed with a secure electronic signature. 62. [25 April 2017] 63. The part of the Register accessible to the public shall include the date of taking the decision and class assigned to the contractor. [10 May 2022] 64. The classification authority shall keep the documents used for qualification and drawn up during the qualification process in the form of electronic data in conformity with the laws and regulations governing the operation of the information system. 65. The classification authority shall obtain the information necessary for the classification from the building contractor, and also from such official registers of State, local government, professional organisations and responsible authorities where the data certified by the building contractor are compiled. The building contractor shall be responsible for the veracity of the submitted data. 66. The building contractor shall, within the shortest possible time period, inform the classification authority of the changes which may affect the assigned qualification. XI. Closing Provisions67. Classification of building contractors under general procedures in accordance with Paragraph 7 of this Regulation shall be carried out for the first time on1 May 2017. 68. The classification authority shall include the opinion on the experience of the building contractor in the performance of the construction works in groups of structures and types of structures in accordance with Paragraphs 9 and 11 of this Regulation, and also Sub-paragraphs 25.7 and 55.3 in the decisions on the classification issued after 30 April 2019. If the building contractor voluntarily submits the information referred to in Sub-paragraph 25.7 of this Regulation to the classification authority, the opinion may be included in the decision issued before 30 April 2019. [25 April 2017] 69. Paragraphs 33.1 and 44.1 of this Regulation shall not be applied until 28 February 2019. [3 May 2018] Prime Minister Māris Kučinskis Deputy Prime Minister,
Annex 1 Qualification of the Types of Construction Works According to the Experience of the Building Contractor into the Classes and Groups of Structures[10 May 2022]
Annex 2 Alignment of the Spheres of Certification Activity with the Classification of Economic Activities of NACE Revision 2[25 April 2017]
Annex 3 [10 May 2022] Legal Norms to be Verified in the Punishment Register for the Needs of Classification of the Building Contractors
Annex 4 SUBMISSION FOR TEMPORARY CLASSIFICATIONIndications for completing the submission If the submission is completed electronically, the submitter shall complete only non-marked fields. By approving the selection "Copy from the information in the official registers", the fields will be automatically completed. Data in non-marked fields can be manually edited. Data shall be completed for the previous 3 years or for such period on which the data are available. Section I shall be completed by the employee of the CIS. The following sections shall be completed by the submitter. I. BASIC INFORMATION on the document
II. Basic information on the MERCHANT
Here and hereinafter, if the form is completed electronically, after entering the registration number assigned by the Enterprise Register the automatic completion of other fields shall be initiated by clicking on "Copy from the information in the official registers". If data do not correspond to the actual situation, they cannot be edited in non-marked fields. If the submitter has made the abovementioned corrections, documentary proof for the justification of changes must be appended to the submission. III. Qualification Information 1. Financial data*
Note. * Data from the balance sheet of the contractor (the Law on the Annual Statements and Consolidated Statements). 2. TOTAL AMOUNT OF CONSTRUCTION SERVICES PROVIDED Indicate the amount excluding value added tax.
3. Average Work Remuneration in the Contractor
4. Solvency The submitter shall attest that on the day of completing the submission the decision on the suspension of economic activity is not in effect for the merchant, and also insolvency of the contractor has not been declared.
5. Information on the debt of taxes administered by the State Revenue Service which exceeds EUR 150 in the taxation period Complete for one year period counting from the date of the submission.
6. CURRENT INFORMATION ON CONSTRUCTION SPECIALISTS
7. Certified Management Systems Introduced by the Contractor
8. Data on Imposed Punishments Shall be noted if a binding incontestable decision, a penal order of the public prosecutor or a final court judgment has come into effect within the last 3 years by which the decision to suspend construction works or decision on the punishment imposed in accordance with the procedures laid down in the laws and regulations has been kept in effect, which is substantiated by: (a) violations of the norms governing construction, (b) violations of the norms of environmental pollution, (c) violations of fire safety norms, (d) violations of occupational safety norms, (e) criminal offences in the national economy, (f) violations of the regulations for the employment of persons, and also (g) coercive means imposed on the basis of violations of general safety and public order or violations of any of the abovementioned norms.
9. Membership in a Professional Organisation of the Construction Sector Shall be completed if the building contractor is a member of any employersʼ or professional organisation of the construction sector registered in the Republic of Latvia or a country of the European Economic Area (group 94.1 of NACE Rev. 2).
10. COLLECTIVE AGREEMENT Shall be completed if the contractor which is a member of a national level association of employers' organisation has entered into collective employment agreement with a trade union which is a member of a national level association of trade unions, and such collective agreement is in effect.
IV. ADDITIONAL INFORMATION If data in the CIS system do not correspond to the content of the submission or if additional information is provided, the submitter shall append supporting documents and indicate the content of the appended documents.
Signatory
Note. * The detail of the document "signature" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents. Date, time
Annex 5 [10 May 2022] SUBMISSION FOR SINGLE CLASSIFICATIONIndications for completing the submission Data shall be completed for the previous 3 years or for such period on which the data are available. Section I shall be completed by the employee of the CIS. The following sections shall be completed by the submitter. I. BASIC INFORMATION on the document
II. Basic information on the MERCHANT
Here and hereinafter documentary evidence of the conformity of data, for example, a statement from the registration institution of merchants in the country of registration of the contractor, a statement issued by a competent authority or certification of the merchant on activity in the construction sector must be appended to the submission. Electronic documents shall be uploaded by clicking on the option "Add documents" in Section III. III. Qualification Information 1. Financial data*
Note. * Data from the balance sheet of the contractor. 2. TOTAL AMOUNT OF CONSTRUCTION SERVICES PROVIDED Indicate the amount excluding value added tax.
3. Average Work Remuneration in the Contractor
4. Solvency The submitter shall attest that on the day of completing the submission the decision on the suspension of economic activity is not in effect for the merchant, and also insolvency of the contractor has not been declared.
5. Information on the Tax Debt which Exceeds EUR 150 in the Taxation Period Complete for one year period counting from the date of the submission.
6. CURRENT INFORMATION ON CONSTRUCTION SPECIALISTS
7. Certified Management Systems Introduced by the Contractor
8. Data on Imposed Punishments Shall be noted if a binding incontestable decision, a penal order of the public prosecutor or a final court judgment has come into effect within the last 3 years by which the decision to suspend construction works or decision on the punishment imposed in accordance with the procedures laid down in the laws and regulations has been kept in effect, which is substantiated by: (a) violations of the norms governing construction, (b) violations of the norms of environmental pollution, (c) violations of fire safety norms, (d) violations of occupational safety norms, (e) criminal offences in the national economy, (f) violations of the regulations for the employment of persons, and also (g) coercive means imposed on the basis of violations of general safety and public order or violations of any of the abovementioned norms.
9. Membership in a Professional Organisation of the Construction Sector Shall be completed if the building contractor is a member of any employersʼ or professional organisation of the construction sector registered in the Republic of Latvia or a country of the European Economic Area (group 94.1 of NACE Rev. 2).
10. Collective Agreement Shall be completed if the contractor which is a member of a national level association of employers' organisation has entered into collective employment agreement with a trade union which is a member of a national level association of trade unions, and such collective agreement is in effect.
IV. ADDITIONAL INFORMATION If additional information is provided, the submitter shall append supporting documents and indicate the content of the appended documents.
Signatory
Note. * The detail of the document "signature" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents. Date, time
Annex 6 [10 May 2022] SUBMISSION FOR THE CLASSIFICATION OF AN ASSOCIATION OF BUILDING CONTRACTORSIndications for completing the submission If the submission is completed electronically, the submitter shall complete only non-marked fields. By approving the selection "Copy from the information in the official registers", the fields will be automatically completed. Data in non-marked fields can be manually edited. Data shall be completed for the last 3 years or for such period on which data are available. Section I shall be completed by the employee of the CIS. The following sections shall be completed by the submitter. I. BASIC INFORMATION on the document
II. Basic Information on MERCHANTS 1. Information on a Member of the Association (1)
Here and hereinafter, if the form is completed electronically, after entering the registration number assigned by the Enterprise Register the automatic completion of other fields shall be initiated by clicking on "Copy from the information in the official registers". If data do not correspond to the actual situation, they cannot be edited in non-marked fields. If the submitter has made the abovementioned corrections, documentary proof for the justification of changes must be appended to the submission. 2. Information on a Member of the Association (2)
Where necessary.
III. Qualification Information 1. Financial data* 1.1. Data on a Member of the Association (1)
Note. * Data from the balance sheet of the contractor (the Law on the Annual Statements and Consolidated Statements). 1.2. Data on a Member of the Association (2)
Where necessary.
2. TOTAL AMOUNT OF CONSTRUCTION SERVICES PROVIDED 2.1. Data on a Member of the Association (1) Amounts are indicated excluding value added tax.
2.2. Data on a Member of the Association (2) Indicate the amount excluding value added tax.
Where necessary.
3. Average Work Remuneration in the Contractor 3.1. Data on a Member of the Association (1)
3.2. Data on a Member of the Association (2)
Where necessary.
4. Solvency The submitter shall attest that on the day of completing the submission the decision on the suspension of economic activity is not in effect for the merchant, and also insolvency of the contractor has not been declared. 4.1. Information on a Member of the Association (1)
4.2. Information on a Member of the Association (2)
Where necessary.
5. Information on the debt of taxes administered by the State Revenue Service which exceeds EUR 150 in the taxation period Complete for one year period counting from the date of the submission. 5.1. Information on a Member of the Association (1)
5.2. Information on a Member of the Association (2)
Where necessary.
6. CURRENT INFORMATION ON CONSTRUCTION SPECIALISTS 6.1. Information on a Member of the Association (1)
6.2. Information on a Member of the Association (2)
Where necessary.
7. Certified Management Systems Introduced by the Contractor 7.1. Information on a Member of the Association (1)
7.2. Information on a Member of the Association (2)
Where necessary
8. Data on Imposed Punishments Shall be noted if a binding incontestable decision, a penal order of the public prosecutor or a final court judgment has come into effect within the last 3 years by which the decision to suspend construction works or decision on the punishment imposed in accordance with the procedures laid down in the laws and regulations has been kept in effect, which is substantiated by: (a) violations of the norms governing construction, (b) violations of the norms of environmental pollution, (c) violations of fire safety norms, (d) violations of occupational safety norms, (e) criminal offences in the national economy, (f) violations of the regulations for the employment of persons, and also (g) coercive means imposed on the basis of violations of general safety and public order or violations of any of the abovementioned norms. 8.1. Information on a Member of the Association (1)
8.2. Information on a Member of the Association (2)
Where necessary.
9. Membership in a Professional Organisation of the Construction Sector Shall be completed if the building contractor is a member of any employersʼ or professional organisation of the construction sector registered in the Republic of Latvia or a country of the European Economic Area (group 94.1 of NACE Rev. 2). 9.1. Information on a Member of the Association (1)
9.2. Information on a Member of the Association (2)
Where necessary.
10. Collective Agreement Shall be completed if the contractor which is a member of a national level association of employers' organisation has entered into collective employment agreement with a trade union which is a member of a national level association of trade unions, and such collective agreement is in effect. 10.1. Information on a Member of the Association (1)
10.2. Information on a Member of the Association (2)
Where necessary
IV. ADDITIONAL INFORMATION If data in the CIS system do not correspond to the content of the submission or if additional information is provided, the submitter shall append supporting documents and indicate the content of the appended documents.
Signatories
Note. * The detail of the document "signature" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents. Date, time
Annex 7 SUBMISSION FOR THE TRANSFER OF QUALIFICATIONIndications for completing the submission If the submission is completed electronically, the submitter shall complete only non-marked fields. By approving the selection "Copy from the information in the official registers", the fields will be automatically completed. Data in non-marked fields can be manually edited. Data shall be completed for the previous 3 years or for such period on which the data are available. Section I shall be completed by the employee of the CIS. The following sections shall be completed by the submitter. I. BASIC INFORMATION on the document
II. Basic information on the MERCHANT 1. Basic information on the acquiring merchant to which the qualification is transferred
Here and hereinafter, if the form is completed electronically, after entering the registration number assigned by the Enterprise Register the automatic completion of other fields shall be initiated by clicking on "Copy from the information in the official registers". If data do not correspond to the actual situation, they cannot be edited in non-marked fields. If the submitter has made the abovementioned corrections, documentary proof for the justification of changes must be appended to the submission. 2. Basic information on the reorganised merchant to the obtaining of qualification of which the merchant candidates
3. Substantiation for transfer of qualification and appended documents
III. ADDITIONAL INFORMATION If data in the CIS system do not correspond to the content of the submission or if additional information is provided, the submitter shall append supporting documents and indicate the content of the appended documents.
Signatory/ies If the merchant is divided, the submission shall be signed by authorised persons of all divided undertakings.
Note. * The detail of the document "signature" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents. Date, time
Deputy Prime Minister,
Annex 8 [10 May 2022] SUBMISSION FOR REPEATED CLASSIFICATIONIndications for completing the submission If the submission is completed electronically, the submitter shall complete only non-marked fields. By approving the selection "Copy from the information in the official registers", the fields will be automatically completed. Data in non-marked fields can be manually edited. Data shall be completed for the previous 3 years or for such period on which the data are available. Section I shall be completed by the employee of the CIS. The following sections shall be completed by the submitter. I. BASIC INFORMATION on the document
II. Basic information on the MERCHANT
Here and hereinafter, if the form is completed electronically, after entering the registration number assigned by the Enterprise Register the automatic completion of other fields shall be initiated by clicking on "Copy from the information in the official registers". If data do not correspond to the actual situation, they cannot be edited in non-marked fields. If the submitter has made the abovementioned corrections, documentary proof for the justification of changes must be appended to the submission. III. Qualification Information 1. Financial data*
Note. * Data from the balance sheet of the contractor (the Law on the Annual Statements and Consolidated Statements). 2. TOTAL AMOUNT OF CONSTRUCTION SERVICES PROVIDED Indicate the amount excluding value added tax.
3. Average Work Remuneration in the Contractor
4. Solvency The submitter shall attest that on the day of completing the submission the decision on the suspension of economic activity is not in effect for the merchant, and also insolvency of the contractor has not been declared.
5. Information on the debt of taxes administered by the State Revenue Service which exceeds EUR 150 in the taxation period Complete for one year period counting from the date of the submission.
6. CURRENT INFORMATION ON CONSTRUCTION SPECIALISTS
7. Certified Management Systems Introduced by the Contractor
8. Data on Imposed Punishments Shall be noted if a binding incontestable decision, a penal order of the public prosecutor or a final court judgment has come into effect within the last 3 years by which the decision to suspend construction works or decision on the punishment imposed in accordance with the procedures laid down in the laws and regulations has been kept in effect, which is substantiated by: (a) violations of the norms governing construction, (b) violations of the norms of environmental pollution, (c) violations of fire safety norms, (d) violations of occupational safety norms, (e) criminal offences in the national economy, (f) violations of the regulations for the employment of persons, and also (g) coercive means imposed on the basis of violations of general safety and public order or violations of any of the abovementioned norms.
9. Membership in a Professional Organisation of the Construction Sector Shall be completed if the building contractor is a member of any employersʼ or professional organisation of the construction sector registered in the Republic of Latvia or a country of the European Economic Area (group 94.1 of NACE Rev. 2).
10. COLLECTIVE AGREEMENT Shall be completed if the contractor which is a member of a national level association of employers' organisation has entered into collective employment agreement with a trade union which is a member of a national level association of trade unions, and such collective agreement is in effect.
IV. ADDITIONAL INFORMATION If data in the CIS system do not correspond to the content of the submission or if additional information is provided, the submitter shall append supporting documents and indicate the content of the appended documents.
Signatory
Note. * The detail of the document "signature" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents. Date, time
Translation © 2023 Valsts valodas centrs (State Language Centre) |
Document information
Title: Būvkomersantu klasifikācijas noteikumi
Status:
In force
Language:   Related documents
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