Recently, the Ministry of Foreign Affairs of Vietnam issued Circular 03/2008/TT-BNG providing guidelines for the implementation of regulations on the management of projects for investment and construction of Vietnam representative offices located overseas and other overseas agencies.
Duties of the investor for the construction of Vietnam representative office located overseas (Illustration)
Circular 03/2008/TT-BNG stipulates that the investor for the construction of the Vietnam representative office located overseas has the following duties and powers:
- The investor will be an overseas Vietnamese mission directly assigned the responsibility for managing and using funds to exxecute the project and managing and using the facility after the investment.
- Where the overseas Vietnamese mission is not capable of performing the investor's tasks, the ministry or central authority managing the overseas Vietnamese mission shall undertake the investor's responsibilities for the project. The investor's team includes personnel directly working at the overseas Vietnamese mission to perform the investor's tasks and manage construction activities.
- If the investor is abroad, the ministry or central authority managing the overseas Vietnamese mission may establish an organization to perform tasks domestically on behalf of the investor.
- The investor has the duties and rights under Vietnamese law and must comply with the regulations of the host country from the project preparation phase through project execution and acceptance for use. The investor is responsible for the tasks and powers assigned under Vietnamese law and the regulations of the host country.
More details can be found in Circular 03/2008/TT-BNG effective from February 22, 2009.
Ngoc Tai
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