CONSTRUCTION OPERATION LICENSE FOR FOREIGN CONTRACTORS

The current regulations on construction operation license for foreign contractors comply with Decree 15/2021/ND-CP.

 

1. Conditions for issuance of construction operation license

– Foreign contractors shall be granted construction operation permits upon the issuance of decisions on winning bids or selected bids of investors/main (sub-contractors).

– Foreign contractors must enter into a partnership with Vietnamese contractors or use Vietnamese sub-contractors, unless the domestic contractors are not capable enough to participate in any work of the bidding package.

When entering into a partnership or using a Vietnamese contractor, the content, volume and value of the work performed by the Vietnamese contractor in the joint venture or the Vietnamese sub-contractor must be clearly identified.

– Foreign contractors must commit to fully comply with the provisions of Vietnamese law related to contracting activities in Vietnam.

2. Dossier of application

The foreign contractor shall submit 01 set of documents directly or by post to the construction licensing agency, including:

Ordinal number Dossier composition
1 An application form for a construction license, made according to Form No. 01, Form No. 04 Appendix IV of Decree 15/2021/NĐ-CP
2 A certified copy or an electronic copy of the legal tendering result or decision on selection of a contractor
3 A certified copy or an electronic copy of the establishment license or the business registration certificate for the organization and the practice certificate (if any) of the country where the foreign contractor is a national
4 The report of operational experience related to the jobs under the contract and a certified copy or an electronic copy of the financial audit summary report for the last 3 years (in case of failure to perform in accordance with the law on bidding)
5 A certified copy or an electronic copy of the joint venture contract with a Vietnamese contractor or an official contract or a principle contract with a Vietnamese sub-contractor to perform the contract work
6 Lawful power of attorney for a person who is not the contractor’s legal representative
7 Certified copy or electronic copy of project approval decision or investment decision or investment certificate of the project/work

Note: 

– An application for a construction permit must be made in Vietnamese.

– The establishment license or business registration certificate of a foreign country must be consularly legalized, unless an international treaty to which Vietnam and relevant countries are members contains provisions on legal immunity consular legalization.

– Papers and documents (2), (3), (5) and (6) if in a foreign language must be translated into Vietnamese and the translation must be notarized and authenticated in accordance with Vietnamese law.

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3. Authority to issue construction permits

– The specialized construction agency under the Ministry of Construction shall grant construction operation permits to foreign contractors performing contracts of national important projects, group A projects, and construction investment projects in their respective localities two or more provinces;

– The Department of Construction shall grant construction operation permits to foreign contractors to perform contracts of group B, group C projects invested in construction in the administrative division of the province.

4. Time limit and fee 

– The specialized construction agency specified in Clause 3, Article 104 of this Decree considers the dossier to grant the construction operation license to the foreign contractor within 20 days from the date of receipt of a complete dossier. In case of refusal, the agency competent to grant the construction operation license must reply in writing to the contractor and clearly state the reason.

– When receiving the construction operation license, the foreign contractor must pay a fee according to regulations of the Ministry of Finance.

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