Vietnam: Does the application for issuance of construction operating licenses for foreign contractors include bid results?
- Vietnam: Does the application for issuance of construction operating licenses for foreign contractors include bid results?
- Which agency has the authority to issue construction permits to foreign contractors in Vietnam?
- Vietnam: Can application form for issuance of construction operating license be made in English?
Vietnam: Does the application for issuance of construction operating licenses for foreign contractors include bid results?
According to the provisions of Clause 1, Article 104 of Decree 15/2021/ND-CP regulating application dossiers and authority to grant construction activity licenses 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 foreign contractor must send an application directly or by post to the agency issuing construction operating license, including:
- An application form for construction operating license No. 01, 04 of Appendix IV of Decree 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.
Accordingly, when submitting documents, foreign contractors must provide a certified true copy of the report on bid results or the decision on lawful contract award.
Vietnam: Does the application for issuance of construction operating licenses for foreign contractors include bid results?
Which agency has the authority to issue construction permits to foreign contractors in Vietnam?
Pursuant to the provisions of Clause 3, Article 104 of Decree 15/2021/ND-CP amended by Clause 33, Article 12 of Decree 35/2023/ND-CP stipulating application for and competence in issuance of construction operating license as follows:
Application for and competence in issuance of construction operating license
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3. Authority to issue construction permits
Departments of Construction shall issue construction permits (including the adjusted permits) 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 permits.
Thus, the authority to issue construction permits belongs to the Department of Construction.
Departments of Construction shall issue construction permits (including the adjusted permits) to foreign contractors in charge of construction investment of provinces.
Note: 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 permits.
Vietnam: Can application form for issuance of construction operating license be made in English?
Pursuant to Clause 2, Article 104 of Decree 15/2021/ND-CP stipulates as follows:
Application for and competence in issuance of construction operating license
...
2. The application form for issuance of construction operating license shall be made in Vietnamese. The foreign establishment license or the foreign business registration certificate must bear consular authentication, unless an international treaty to which Vietnam and relevant countries are signatories provides for exemption for consular authentication. If documents prescribed in Point b, c, dd and e Clause 1 of this Article are made in foreign languages, they are required to be translated into Vietnamese and the translations must be notarized or certified as prescribed in Vietnamese law.
According to the above regulations, the application for issuance of construction operating license for foreign contractor must be made in Vietnamese.
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