Question

Answer

Construction license for foreign contractor in Vietnam ?

Construction license in Vietnam:

Contractors being foreign organizations and individuals conducting construction activities in Vietnam shall comply with the law on bidding and must possess operation licenses granted by state management agencies in charge of construction (Clause 2 Article 148 Law on Construction No. 50/2014/QH13 dated June 18, 2014).

Construction operation license is a license issued by competent state management agencies of Vietnam, granted to foreign contractors for each contract after obtaining the bid-winning results in accordance with Vietnam’s law (Clause 8 Article 2 Decree No. 59/2015/NĐ-CP dated June 18, 2015).

Foreign contractors shall only conduct construction activities in Vientam after obtaining construction license granted by state management agencies in charge of construction. Foreign contractors’ operation in Vietnam shall comply with provisions of law in Vietnam and international treaties to which Vietnam is a contracting party or member (Article 70 Decree No. 59/2015/NĐ-CP dated June 18, 2015).

Application for issuance of a construction license submitted by a foreign contractor, include:

An application form for the construction license using the form prescribed in Annex 1 of this Circular.

A copy or a digital file containing a color copy of the original which is an image or other format (*.pdf) of a report on the bid results or the decision on lawful contract award.

A copy or a digital file containing a color copy of the original which is an image or other format (*.pdf) of the establishment license (or the Certificate of Business registration of the organization) and the practice certificate (if any) issued by the country being the home country of the foreign contractor or by the country where the contruction project is conducted.

A digital file containing a color copy of the original which is an image or other format (*.pdf) of a report on experience in contract execution using the form in Annex 2 of this Circular and a report on finance auditing within 3 (three) latest years (applicable to cases where the contractor executes a bidding package not subject to regulations of law on bidding of Vietnam).

A copy or digital file containing a color copy of the original which is an image or other format (*.pdf) of the joint-venture contract with the Vietnamese contractor or a contract with the Vietnamese sub-contractor (available in the bid-envelopes) which specifies the tasks of the Vietnamese contractor.

A lawful power of attorney held by the person who is not the legal representatives of the contractor using the form in Annex 3 of this Circular.

A digital file containing a color copy of the original which is an image or other format (*.pdf) of the decision to invest in the project or the investment certificate or the written approval for the investment policies (Article 4 Circular No. 14/2016/TT-BXD dated June 30, 2016)./.

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DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son