Different from local contractors, a foreign contractor must be granted the Construction License in accordance with each construction contract after winning bid. Procedures for issuance of the Construction License of foreign contractor is regulated in Decree No. 59/2015/NĐ-CP (on construction project management) and Circular No. 14/2016/TT-BXD (providing guidelines for the issuance of construction licenses and the management of foreign construction contractor in Vietnam, which has been effective from August 15, 2016).
A dossier for requirement for issuance of the Construction License of foreign contractor:
– An application form for the Construction License (using the form prescribed in the Annex 1 of Circular No. 14/2016/TT-BXD);
– Certified as true copies of the report on bidding result or legal decision on bidding award;
– Certified as true copies of the Certificate of establishment or the Certificate of Business Registration and practice license (if any) issued by authorized bodies in the country where the foreign contractor holds that nationality;
– Report on experiences in contract execution and report on financial audit within 03 latest years (for bidding packages which are not subject to regulations of the Law on Bidding);
– A joint-venture contract with a Vietnamese contractor or an official contract or a rule contract with a Vietnamese sub-contractor to carry out the bidding (available in the bid-envelopes);
– A legal power of attorney to authorize the person who is not the legal representative of the contractor (using the form prescribed in the Annex 3 of Circular No. 14/2016/TT-BXD).
Notice:
– The application must be made in Vietnamese;
– The Certificate of establishment, the Certificate of Business Registration which are issued overseas must be consular legalized;
– All of the documents which are in foreign languages must be translated into Vietnamese, certified as true and notarized.
Dossier submitted at:
– For projects belong to Group A, construction projects locate in 2 provinces or more: specialized bodies of the Ministry of Construction;
– For projects belong to Group B and C: Construction Department of provinces.
Duration:
Within 05 working days, the authorized body which receives the dossier will examine and require amendments or adjustments if the dossier is not complete or unsuitable and provide guidelines in written form. Within 20 working days from the day on which the valid dossier is received, the authorized body will examine and issue the Construction License for foreign contractor or refuse to do so and provide explanation.
If clients have any question please feel free to contact Kim Huc company. We are willing to give legal advice and support you during the procedures!
KIM HUC CONSULT AND TRADING COMPANY LIMITED
Add: C36-TT8, Van Quan, Dist Ha Đong, Ha Noi, VietNam
Phone: 024.3225.2641 Fax: 024.3225.2640
Hotline: 024.3225.2641 / 0943.980.222
Email: consultant@kimhuc.com
