Sample List of foreign contractors, foreign contractors in the latest tax registration documents for 2022 in Vietnam?
- What are foreign contractors and subcontractors in Vietnam?
- What are the regulations on subcontracting contracts in Vietnam?
- What are the conditions for granting construction permits to foreign contractors in Vietnam?
- Dossier of application for a construction permit for a foreign contractor in Vietnam include what?
- Sample list of foreign contractors and foreign sub-contractors in Vietnam in the latest tax registration documents in 2022?
What are foreign contractors and subcontractors in Vietnam?
Pursuant to Clause 37, Article 4 of the Law on Bidding 2013 stipulates: "Foreign contractor is an organization established under foreign law or an individual of foreign nationality participating in bidding in Vietnam".
Pursuant to Clause 36, Article 4 of the Law on Bidding 2013 stipulates: "Sub-contractor" is a contractor participating in the performance of a bidding package under a contract signed with the main contractor. Special sub-contractor is a sub-contractor performing important work. importance of the bidding package proposed by the main contractor in the bid dossier, dossier of proposals on the basis of requirements stated in the bidding dossier, dossier of requirements."
According to Clause 2, Article 3 of Circular 103/2014/TT-BTC, there are two types of subcontractors: foreign subcontractors in Vietnam and Vietnamese subcontractors.
Sample List of foreign contractors, foreign contractors in the latest tax registration documents for 2022 in Vietnam?
What are the regulations on subcontracting contracts in Vietnam?
Pursuant to Article 12 of Circular 01/2015/TT-BKHDT stipulating the subcontractor contract as follows:
- Contractors may enter into contracts with sub-contractors in the list of sub-contractors mentioned in the DKCT to perform part of the work stated in the Proposal. The use of subcontractors in Vietnam will not alter the contractor's obligations. The contractor must be responsible before the investor for the volume, quality, schedule and other obligations for the work performed by the subcontractor.
The replacement and addition of subcontractors outside the list of subcontractors in Vietnam mentioned in the DKCT can only be done when the investor approves.
- The value of work performed by the subcontractors in Vietnam specified in Clause 1 of this Article must not exceed the percentage according to the contract price stated in the DKCT.
- Contractors are not allowed to use subcontractors for jobs other than the declaration of using subcontractors stated in the Proposal.
- Other requirements on subcontractors specified in DKCT.
What are the conditions for granting construction permits to foreign contractors in Vietnam?
Pursuant to the provisions of Article 103 of Decree 15/2021/ND-CP as follows:
- Foreign contractors are granted a construction operation license when there is a winning decision or a contractor is selected from the investor/main (sub-contractor).
- Foreign contractors must form a partnership with Vietnamese contractors or use Vietnamese sub-contractors, unless the domestic contractors are not capable of participating in any work of the bidding package. When entering into a partnership or using a Vietnamese contractor, the contents, volume and value of the work performed by the Vietnamese contractor in the joint venture must be clearly defined; Vietnamese subcontractors in Vietnam perform.
- Foreign contractors must commit to fully comply with the provisions of Vietnamese law related to contracting activities in Vietnam.
Dossier of application for a construction permit for a foreign contractor in Vietnam include what?
Pursuant to Article 104 of Decree 15/2021/ND-CP stipulating dossiers of application for construction permits to foreign contractors as follows:
- The foreign contractor submits 01 set of documents directly or by post to the construction licensing agency, including:
+ An application form for a construction license according to Form No. 01, Form No. 04, Appendix IV to this Decree;
+ A certified copy or an electronic copy of the legal tendering result or decision on selection of a contractor;
+ A certified true 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;
+ The report of operation experience related to the jobs under the contract and a certified true copy or an electronic copy of the financial audit summary report for the last 3 years (in case of failure to comply with regulations of law). provisions of the law on bidding);
+ 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 (included in the project dossier); tenders or bidding documents);
+ A lawful power of attorney for a person who is not the contractor's legal representative;
+ A certified copy or an electronic copy of the project approval decision or investment decision or the investment certificate of the project/work.
- An application for a construction permit must be made in Vietnamese. The establishment license or the foreign business registration certificate must be consularly legalized, except in the case of an international treaty to which Vietnam and relevant countries are members, which provide for legal immunity. consularization. The papers and documents specified at Points b, c, dd and e, Clause 1 of this Article, if they are in a foreign language, must be translated into Vietnamese and the translations must be notarized and authenticated in accordance with Vietnamese law. Male.
Sample list of foreign contractors and foreign sub-contractors in Vietnam in the latest tax registration documents in 2022?
Pursuant to Appendix II issued together with Circular 105/2020/TT-BTC stipulating the form of list of foreign contractors and foreign sub-contractors used for organizations (form BK04-DK-TCT) as follows:
Download the latest list of foreign contractors and foreign subcontractors inVietnam in 2022 tại đây.
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