When a foreign contractor wins the bid for one or more construction projects in Vietnam, the order and procedures for applying for a permit related to construction activities are required by Vietnamese law.
Decree No. 59/2015/ND-CP of the Government on construction project management (amended by Decree 42/2017/ND-CP) and Circular No. 14/2016/TT-BXD came into effect August 15, 2016 regulates foreign contractors operating in construction in Vietnam in the fields of construction planning, construction investment projects, construction survey, design of public construction submission, construction supervising, management of construction investment projects, selection of contractors in construction activities, supply of materials – technological equipment together with technical services Construction works are obliged to prepare dossiers of application for contracting licenses.
In accordance to the Law on Construction No. 50/2014/QH13 dated June 18, 2014 and guiding documents that are in effect, foreign contractors must follow legal procedures to apply for the operation license. construction, seal sample registration, establishment of a Project Managment Office (PMO), apply for a tax code. Specifically:
Place of execution
|1.||Apply for a construction license for foreign contractors||Department of Construction or Department of Construction of the province/city implementing the Project|
|2.||Register seal sample for foreign contractor||Ministry of Public Security or Police of province/city implementing the project |
|3.||Establish Project Management Office||The Department of Construction of the province/city implementing the project|
|4.||Registrating tax code||Provincial/City Tax Department implementing the project|
At that time, SB Law can assist contractors in implementing the above procedures. Immediately after signing a consulting service contract, the SB Law’s scope of work will be specified through the following steps:
Step 1: Receiving information, documents and authorize to do the job
The foreign contractor (“Client”) must provide all documents and information according to the list requested by the service provider. If the Client has difficulty or cannot prepare one of the documents, it must notify the other party as soon as possible to limit the possible risk.
After receiving the documents provided by the Client, the service provider may conduct translation into Vietnamese (if necessary). Translation fee may be charged separately or included in the service fee stated in the signed consulting service contract, depending on the quantity and type of documents to be translated.
During this time, the service provider receives authorization from the Client to perform work (submit, amend, supplement if necessary and receive results) at the competent state agency. However, in case when receiving the result of the seal sample, the Project Director is required by law to come directly to receive the results, the Attorney of the service provider will accompany to deal with the signed service contract.
Step 2: Preparing the profile
At this step, the service provider will prepare a profile (based on the information and documents provided by the Client) in accordance with the laws of Vietnam. This record will be sent to the Client for checking and modification (not more than 03 times) before being moved to the next step.
Step 3: Complete the profile
At this step, the final copy of the dossier will be selected for signature and stamp and it is the copy that will be submitted to the competent state agency.
Clients are responsible for contacting related parties to sign and stamp. And must send the record (the original) to the service provider immediately after completing this.
Step 4: Processing documents
Upon receipt of the signed and stamped document, the service provider will conduct checks to prevent any errors then proceed to the next work.
Step 5: Announcing results
The Service Provider will send the Client the results (copy) via email for notification. After all work is done and the service fee is received, the provider will deliver the original results.
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