Procedures for applying for construction permits for foreign contractors take place in a certain order, initially you need to complete documents and documents.
After a period of slowdown, the real estate market of Vietnam is gradually operating again in a more positive and vibrant way. The change of legal regulations such as Bidding Law, Construction Law, Investment Law has created conditions for foreign investors to participate in Vietnam’s construction projects. Foreign contractors may participate as a main contractor, joint venture contractor or subcontractor. The only requirement is to comply with construction permit procedures for foreign contractors in accordance with Vietnamese law.
From August 15, 2016, when Circular 14/2016 / TT-BXD takes effect, foreign contractors can only build Vietnamese construction after being granted by Vietnamese competent state agencies. construction permit. In order to be granted this license, foreign contractors must also meet certain conditions during the implementation of construction projects in Vietnam.
Conditions for granting construction permits to foreign contractors
First of all, foreign contractors must ensure that their operations in Vietnam must comply with Vietnamese regulations and international treaties which Vietnam has signed or acceded to. In addition, the contractor must meet the conditions prescribed by law:
- For projects subject to bidding organization, it must be ensured that at the time of submitting dossiers of application for construction activity permits, foreign contractors must have the winning decisions or decide to choose contractors. .
- For projects (bidding packages) that are not required to organize bidding, if there is no winning decision, it must ensure that the foreign contractor meets the capacity conditions suitable to the contractor. .
- Most importantly, foreign contractors must partner with Vietnamese contractors or use Vietnamese subcontractors
In addition, foreign contractors must commit to comply with all provisions of Vietnamese law relating to contracting activities in Vietnam.
Documents, procedures for applying for construction permits for foreign contractors:
- The application file for construction permits for foreign contractors has two cases:
- One is an application for construction permit for a foreign contractor.
- Second, the application for construction permits for foreign contractors is individual.
Application for foreign contractors as organizations
The application is made in accordance with Article 4 of Circular 14/2016 / TT-BXD, including the following documents:
- Application for construction permit (Declaration according to form)
- Copies of bidding results or decisions on selection of contractors or contractor-accepting contracts
- Copy of the contractor’s business registration certificate
- Report of construction activity experience related to contracting work, declaration according to the form
- A copy of the partnership contract with a Vietnamese contractor or a Vietnamese subcontractor contract, which clearly identifies the part of the work performed by Vietnamese contractors.
Applications for foreign contractors as personals
The application includes the following documents:
- Application for operation license
- A copy of the bidding result or the decision to select a contractor or contractor contract
- Copy of passport and copy of individual license or practice certificate
The entire application file must be expressed in Vietnamese, for operating licenses and practice certificates issued by foreign competent agencies, it must be consular legalized. Remaining documents in other foreign languages must be translated into Vietnamese and notarized and authenticated.
Time to apply for a license
Applications for construction business licenses for foreign contractors will be processed within 20-25 business days from the date of receipt of the valid documents of the contractor.
The agency competent to issue construction permits may be the construction operation management department of the Ministry of Construction or the Construction Department. The Department will issue licenses for Group A projects or projects implemented within inter-provincial or higher levels, and the Department will grant projects in Groups B and C and be implemented within a province. The classification of construction projects into groups A, B, and C is carried out by project classification issued with Decree 59/2015 / ND-CP.
The above are some regulations related to the application for construction permit of foreign contractors. If you need to learn more about this content, please contact HNLAW & PARTNERS for more in-depth advice.