Circular No. 01/2012/TT-BXD dated May 08, 2012 of the Ministry of Construction guidance on contractual licensing procedures and management of foreign contractors operating construction in Vietnam
MINISTRY OF CONSTRUCTION
THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
Hanoi, May 08, 20128
GUIDANCE ON CONTRACTUAL LICENSING PROCEDURES AND MANAGEMENT OF FOREIGN CONTRACTORS OPERATING CONSTRUCTION IN VIETNAM
Pursuant to Decree No. 17/2008/ND-CP dated February 04, 2008 of the Government stipulating functions, duties, powers and organizational structure of the Ministry of Construction;
Pursuant to Decision No. 87/2004/QD-TTg dated May 19, 2004 of the Prime Minister promulgating the Regulation on the management of operations of foreign contractors in the constructional sector in Vietnam;
Pursuant to Decision No. 03/2012/QD-TTg dated January 16, 2012 of the Prime Minister on amendment and supplement of some articles of the Regulation on management of operations of foreign contractors in the constructional sector in Vietnam, promulgated together with Decision No. 87/2004/QD-TTg dated May 19, 2004 of the Prime Minister;
The Ministry of Construction issues guidelines on procedures for granting the contracting licenses and management of foreign contractors operating their construction in Vietnam as follows:
Article 1. Dossier for granting the contracting license for organizations
The contractors shall submit in person or by mail of 01 set of original dossier and 01 set of copied dossier at the contracting licensing agency; each set of dossier consists of:
>> See also: DECREE No.107/2009/ND-CP ON TRADING OF LIQUEFIED PETROLEUM GAS THE GOVERNMENT
1. An application for contracting license in the form in Appendix 1 of this Circular.
2. A certified copy of documents on the bidding result or contractor selection decision or legal contract of contracting delivery.
3. The certified copy of the Certificate of establishment (or Certificate of Business Registration of Organization) and the Certificate of practice (if any) granted in the country where the foreign contractor has citizenship.
4. The report on experience in construction operation related to the contracting work in the form in Appendix 2 of this Circular and report on the annual audit result of the last 3 years ( For the case the contractor receives the performance of the tender package not subject to required application of the regulations of the Vietnamese law on tender.
5. Contract or joint-venture agreement with Vietnamese contractors for the case the joint-venture contract has been signed upon tendering or tender offering. The contract with Vietnamese sub-contractors in case the list of Vietnamese sub-contractors was identified upon tendering or tender offering.
>> See also: How to establish a foreign-invested company in Vietnam?