It is our understanding that foreign company has been selected to be the construction service provider, and currently under subcontract negotiation with general contractor of the project in Vietnam
In this case you do not need to setup a branch or subsidiary company in Vietnam. What you need to do is to obtain Contractor Permit and Registration of the Executive Office in Vietnam from the competent authority.
After obtaining Contractor Permit, you can register an executive office with Competent Authority to
(i) Open accounts and make payments for the project;
(ii) Recruit and employ Vietnamese and foreign workers;
(iii) Carry out the procedures for exporting or importing supplies, machines and equipment related to the contracts in Vietnam;
(iv) Register for temporary import for re-export of construction supplies, machines and equipment;
(v) Register the list of import raw materials, fuels, materials, complete and synchronous equipment for works under the contracts;
(vi)Perform partnership contracts already signed with Vietnamese contractors or commitments to use Vietnamese sub-contractors determined when participating in biddings or offering bids and so on.
OBTAININING CONTRACTOR PERMIT IN VIETNAM
Under Vietnam Law, in order to obtain contractor permit, you must satisfy following conditions:
– Having won biddings or having been selected for contracting;
– Having signed contract;
– Having full capacity suitable to contracted works according to Vietnamese law provisions; and
– Committing to enter into an association contract with local partner(s), for carrying out the winning project.
Depending on group of the project, the licensing authority can be the Ministry of Construction and Provincial Department of Construction or the Provincial Department of Construction only.
The administrative procedure shall comprise two steps:
-Step 1: Obtaining Contractor Permit (15 working days from submission of application dossier to competent authority).
-Step 2: Registration of the Executive Office (05 working days from submission of application dossier to competent authority).
OUR SCOPE OF WORKS
Preparation of the application documents:
Notifying application documents required in accordance with Vietnamese law;
Drafting application documents required for submission purpose;
Liaising with SBLaw to discuss the draft application documents;
Amending the application documents based on Client’s comments;
Obtaining preliminary comments from the licensing authority on the draft application documents;
Finalizing the application documents following comments from the licensing authority; and
Translating the final version of the application documents into Vietnamese for execution.
Submitting the application dossier to the licensing authority on Client’s behalf;
SCOPE OF SERVICES
Monitoring and following up with the relevant authorities on the approval process;
Keeping your company updated on the developments and additional requirements, if any; and
Assisting Client in obtaining the Contractor Permit and Registration of the Executive Office.
Upon the registration, the Executive Office shall be required to carry out immediate administrative procedures.
Our services include:
Obtaining the seal of the Executive Office;
The Deliverables will include documents prepared in Vietnamese as required for submission to licensing bodies.
Client will review, approve and where necessary sign these documents. SBLaw may provide English translations of these documents (or extracts thereof), but the translated documents should be used for reference other the purposes of discharging Client’s responsibility for the positions taken and the underlying company information.