LICENSING CONSTRUCTION ACTIVITIES FOR FOREIGN INVESTORS

Foreign investors wishing to conduct construction activities in Vietnam need to obtain a construction operating license. Below, the lawyer would like to share about the procedure for obtaining a construction operating license so that readers can better understand this issue.

dự thảo về giấy phép thầu của bộ xây dựng cho nhà thầu nước ngoài

1. Conditions for grant of construction operation licenses
Foreign contractors are granted construction operation licenses when satisfying the following conditions:
– The investor has a decision to win a tender or is allowed to select a contractor;
– Having capacity conditions suitable to the contractual jobs according to the provisions of construction law.
– Foreign contractors must associate with Vietnamese contractors or employ Vietnamese subcontractors, unless domestic contractors are incapable of participating in any work of the bidding package. When making a partnership or using a Vietnamese contractor, it is required to clearly identify the contents, volume and value of the work performed by the Vietnamese contractor in the joint venture; Vietnamese subcontractors do.
– Foreign contractors must commit to fully comply with the provisions of Vietnamese law related to contractor activities in Vietnam.

2. A dossier of application for a construction operation license for a foreign contractor comprises:
Dossiers of application for construction operation licenses for foreign contractors being organizations:
– An application for a construction operating license, made according to a set form;
– A copy or a file containing a color copy of the original text in a photo format or other format (* .pdf) text of the bidding results or the decision to select a contractor or a lawful contract on delivery and receipt of the contract;
– A copy or a file containing a color copy of the original text in a photo format or other format (* .pdf) of the establishment license (or certificate of business registration of the organization) and the practicing certificate (if have) of the country, where the foreign contractor is granted nationality or where the contractor is implementing the project;
– A file containing color copies of the original text in image format or other format (* .pdf) reports on construction experience related to the contractor work according to the form and general report on audit results in the last 3 years;
– A copy or a file containing a color copy of the original text in a photo format or other format (* .pdf) a partnership contract with a Vietnamese contractor or a contract with a Vietnamese subcontractor (included in the project dossier). bid or bidding document), clearly defining the work performed by Vietnamese contractors;
– In case the bidder or contractor has not yet been identified with a subcontractor, the application for a construction operating license must contain a contract with the Vietnamese subcontractor enclosed with the investor’s approval and a copy of the written notice. business registration of Vietnamese subcontractors;
– A lawful power of attorney for the applicant who is not the legal representative of the contractor;
– The file contains a color copy of the original text in image format or other format (* .pdf) of the project investment decision or investment certificate or investment policy approval.
Dossiers of application for construction operation licenses, for foreign contractors being individuals:
– An application for a construction operating license, made according to a set form;
– A copy or a file containing a color copy of the original text in a photo format or other format (* .pdf) text of the bidding results or the decision to select a contractor or a lawful contract on delivery and receipt of the contract;
– A copy or a file containing a color copy of the original text in an image format or other format (* .pdf) of the operating license or practice certificate issued by the country of which the individual is a national or where the individual is made project grant and copy of individual passport;
– The file contains a color copy of the original text in image format or other format (* .pdf) of the project investment decision or investment certificate or investment policy approval.
Note:
– The request must be made in Vietnamese;
– Establishment license, business registration certificate of the contractor being a foreign legal entity; Practicing certificates of foreign individual contractors must be consularly legalized;
– Papers in foreign languages ​​must be translated into Vietnamese and notarized or authenticated;
– For a dossier of application for a construction activity permit, arising in the same year, the dossier need not include documents on the establishment license; practicing certificate; report of construction experience related to the contractor.
– Agencies receiving dossiers of application for construction operation licenses for foreign contractors
+ For Group A projects and construction investment projects in 2 or more provinces: Specialized agencies under the Ministry of Construction;
+ For projects of group B and group C: Department of Construction of provinces and cities.
III. Procedures for applying for construction operation license for foreign contractors
– Foreign contractor submits 01 set of dossier to the construction licensing agency.
– Within 05 working days, the receiving authority will review and request additional or corrected if the application is missing or inappropriate; at the same time issuing written instructions.
– Within 20 working days after receiving a valid dossier, the licensing agency will and will consider and grant the construction activity license to the foreign contractor or refuse to issue and state the reason.

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