Documents Requested for Issuance and Adjustment of Construction Activity Permit 2023: What Papers Are Included?
Application Dossier for Construction Activity Permit Adjustment - Latest 2023 Regulations
Based on Clause 34, Article 12 of Decree 35/2023/ND-CP, which supplements Article 104a about adjusting construction activity permits following Article 104 of Decree 15/2021/ND-CP as follows:
Adjustment of Construction Activity Permit
1. After being granted a construction activity permit, if there are changes in the contractor's name, address, changes in members of the joint venture or subcontractors, or other contents recorded in the granted construction activity permit, the foreign contractor must submit directly or send by mail one application dossier to the licensing authority to be considered for adjusting the granted construction activity permit. The adjusted construction activity permit is regulated according to Form No. 7, Appendix III of this Decree.
2. The application dossier for adjusting the construction activity permit includes:
a) Application form for adjusting the construction activity permit as regulated in Form No. 8, Appendix III of this Decree;
b) Documents proving the contents requested for adjustment. Documents must be translated into Vietnamese and certified according to Vietnamese legal regulations.
3. The adjustment of the construction activity permit shall be carried out within 20 days from the receipt of complete and valid dossiers.
The dossier for adjusting the construction activity permit includes:
- Application form for adjusting the construction activity permit;- Documents proving the contents requested for adjustment.
Documents must be translated into Vietnamese and certified according to Vietnamese legal regulations.
Documents required for granting and adjusting the latest 2023 construction activity permit
What Documents are Included in the Application Dossier for a Construction Activity Permit?
Based on Clause 1, Article 104 of Decree 15/2021/ND-CP regulating the application dossier for a construction activity permit as follows:
Application Dossier, Authority to Issue Construction Activity Permit
1. Foreign contractors submit directly or send by mail one dossier to the construction activity permit issuing authority, including:
a) Application form for a construction activity permit according to Form No. 01, Form No. 04, Appendix IV of this Decree;
b) Certified copy or electronic copy of the bidding results or the legal contractor selection decision;
c) Certified copy or electronic copy of the establishment permit or business registration certificate for the organization and the practice certificate (if any) issued by the country where the foreign contractor holds nationality;
d) Report on experience related to the contracted works and a certified copy or electronic copy of the financial audit summary report for the last 3 years (for cases not conducted under the bidding regulations of Vietnam law);
e) Certified copy or electronic copy of the joint venture contract with the Vietnamese contractor or the official contract or principle contract with the Vietnamese subcontractor to undertake the contracted work (already included in the bid dossier or bidding documents);
f) Legal authorization for individuals not representing the contractor as per law;
g) Certified copy or electronic copy of the project approval decision or investment decision or the investment certificate of the project/work.
Thus, the application dossier for a construction activity permit includes the above-mentioned documents.
Among them:
- The application form for a construction activity permit must be in Vietnamese.- The establishment permit or foreign business registration certificate must be consular legalized unless otherwise stipulated by international treaties to which Vietnam and the relevant countries are members that exempt consular legalization.- The documents and materials as stated in points b, c, e, and f, Clause 1, Article 104 of Decree 15/2021/ND-CP, if in a foreign language, must be translated into Vietnamese and the translations must be notarized and authenticated according to Vietnamese law.
Authority to Issue Construction Activity Permits According to the Latest Regulations
Based on the regulations in Clause 3, Article 104 of Decree 15/2021/ND-CP (amended by Clause 33, Article 12 of Decree 35/2023/ND-CP) as follows:
Application Dossier, Authority to Issue Construction Activity Permit
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3. Authority to Issue Construction Activity Permits
The Department of Construction issues construction activity permits (including adjustment permits) to foreign contractors for construction investment within the province's administrative boundaries. For projects spanning two or more provinces, the competent authority is the Department of Construction of the locality where the foreign contractor intends to set up the management office.
Thus, the authority to issue construction activity permits is determined as discussed above.
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