What is the application for issuance of construction operating license for a foreign contractor in Vietnam?
- What is the application for issuance of construction operating license for a foreign contractor in Vietnam?
- Which agency is competent to issue a construction operating license to a foreign contractor in Vietnam?
- What are the time limit and fees for issuance of the construction operating license to a foreign contractor in Vietnam?
What is the application for issuance of construction operating license for a foreign contractor in Vietnam?
In Clause 1, Article 104 of Decree No. 15/2021/ND-CP stipulating the application for and competence in issuance of construction operating license as follows:
Application for and competence in issuance of construction operating license
1. The foreign contractor must send an application directly or by post to the agency issuing construction operating license (hereinafter referred to as issuing agency), including:
a) An application form for construction operating license No. 01, 04 of Appendix IV hereto;
b) A certified true copy of the report on bid results or the decision on lawful contract award;
c) A certified true copy or e-copy of the establishment license or the Certificate of Business registration and practice license (if any) of the foreign contractor issued by its nationality country;
dd) A report on experience in contract execution and certified true copy or e-copy of a report on finance auditing within 3 (three) latest years (for the case not in accordance with procurement law);
dd) A certified true copy or e-copy of a joint-venture contract with the Vietnamese contractor or an official contract or a rule contract with the Vietnamese sub-contractor to carry out the contract (available in the bid);
e) A lawful power of attorney held by the person who is not the legal representative of the contractor;
g) A certified true copy or e-copy of project approval decision or investment decision or investment certificate of the project/work.
Thus, the application for issuance of construction operating license for a foreign contractor in Vietnam includes:
- An application form for construction operating license No. 01, 04 of Appendix IV to Decree No. 15/2021/ND-CP;
- A certified true copy of the report on bid results or the decision on lawful contract award;
- A certified true copy or e-copy of the establishment license or the Certificate of Business registration and practice license (if any) of the foreign contractor issued by its nationality country;
- A report on experience in contract execution and certified true copy or e-copy of a report on finance auditing within 3 (three) latest years (for the case not in accordance with procurement law);
- A certified true copy or e-copy of a joint-venture contract with the Vietnamese contractor or an official contract or a rule contract with the Vietnamese sub-contractor to carry out the contract (available in the bid);
- A lawful power of attorney held by the person who is not the legal representative of the contractor;
- A certified true copy or e-copy of project approval decision or investment decision or investment certificate of the project/work.
What is the application for issuance of construction operating license for a foreign contractor in Vietnam?
Which agency is competent to issue a construction operating license to a foreign contractor in Vietnam?
According to the provisions of Clause 3, Article 104 of Decree No. 15/2021/ND-CP as amended by Clause 33, Article 12 of Decree No. 35/2023/ND-CP, stipulating the application for and competence in issuance of construction operating license as follows:
Application for and competence in issuance of construction operating license
…
3. Competence to issue construction operating licenses
Departments of Construction shall issue construction operating licenses (including the adjusted licenses) to foreign contractors in charge of construction investment of provinces. Regarding construction projects located in at least two provinces, Departments of Construction of provinces where the administration offices of foreign contractors are located shall issue construction operating licenses.
Thus, Departments of Construction shall issue construction operating licenses (including the adjusted licenses) to foreign contractors in charge of construction investment of provinces. Regarding construction projects located in at least two provinces, Departments of Construction of provinces where the administration offices of foreign contractors are located shall issue construction operating licenses.
What are the time limit and fees for issuance of the construction operating license to a foreign contractor in Vietnam?
Article 105 of Decree No. 15/2021/ND-CP stipulates the time limit and fees for issuance of the construction operating license as follows:
- The construction authority prescribed in Clause 3 Article 104 of Decree No. 15/2021/ND-CP shall verify the application for issuance of construction operating license to the foreign contractor within 20 (twenty) days, from the date on which the sufficient application prescribed in Article 104 of Decree No. 15/2021/ND-CP is received. If the application is rejected, the issuing agency must provide explanation in writing for the contractor.
- When receiving the construction operating license, the foreign contractor must pay fees as prescribed by the Ministry of Finance.
- The construction operating license shall be invalid in following cases:
+ The contract is completed and finalized;
+ The contract is invalid due to the suspension, dissolution, bankrupt of the foreign contractor or other reasons as prescribed in Vietnamese law and the legislation of the country which the foreign contractors hold nationality.
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