MINISTRY OF CONSTRUCTION | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 10/VBHN-BXD | Hanoi, April 17, 2020 |
CIRCULAR
GUIDELINES FOR ISSUANCE OF CONSTRUCTION LICENSES AND MANAGEMENT OF FOREIGN CONSTRUCTION CONTRACTORS IN VIETNAM
The Circular No. 14/2016/TT-BXD dated June 30, 2016 of the Minister of Construction on guidelines for issuance of construction licenses and management of foreign construction contractors in Vietnam, which comes into force from August 15, 2016, is amended by:
The Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Minister of Construction on guidelines for certain details regarding construction practicing certificate, certificate of eligibility for construction activities, and management of foreign construction contractors in Vietnam, which comes into force from November 20, 2018.
The Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on elaboration of periodic reporting regulations; amendments and replacement of some Articles of the Circulars related to periodic reporting regulations under the management of the Ministry of Construction, which comes into force from August 15, 2019.
Pursuant to the Law on Construction No. 50/2014/QH13 dated June 18, 2014;
Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;
Pursuant to Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;
At the request of the Director of theConstruction Activities Management Agency,[1]
The Minister of Construction hereby promulgates a Circular on guidelines for issuance of construction licenses and management of foreign construction contractors in Vietnam.
Article 1. Scope and regulated entities
1. Scope: This Circular provides guidelines for issuance of construction licenses and management of foreign construction contractors in Vietnam.
2. Regulated entities: This Circular applies to foreign construction contractors carrying out construction activities in Vietnam, including formulation of construction planning, formulation of construction investment project, construction survey, construction design, construction, construction supervision, construction project management, selection of contractors, commissioning and transfer of works for use; construction work warranty and maintenance; provision of technological supplies and equipment accompanying technical services related to construction works and other activities related to construction.
Other provisions related to activities of foreign contractors according the Law on Construction 2014, Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management (hereinafter referred to as “the Decree No. 59/CP”) and other relevant law provisions.
3. In cases where an international treaty to which Vietnam is a signatory has a provision contrary to this Circular, such international treaty shall prevail.
Article 2. [2](abolished)
Article 3. [3](abolished)
Article 4. Application for issuance of the construction license submitted by an organization
The foreign contractor shall submit an application directly or by post to the issuing authority. The application shall include:
1. An application form for the construction license, which is made using the form in the Appendix 1 of this Circular.
2. A copy or a digital file containing a color copy of the original which is an image or other format (*.pdf) of the announcement of winning bidder or the contract award which is lawful.
3. A copy or a digital file containing a color copy of the original which is an image or other format (*.pdf) of the establishment license (or the organization’s business registration certificate) and the practicing certificate (if any) issued by the country being the home country of the foreign contractor or by the country where the construction project is executed.
4. A digital file containing a color copy of the original which is an image or other format (*.pdf) of a report on experience in contract execution prepared using the form in the Appendix 2 of this Circular and a consolidated audit report for the last 3 years (applicable to the case where the contractor executes a bidding package not subject to regulations of Vietnam's law on bidding).
5. A digital file containing a color copy of the original which is an image or other format (*.pdf) of the joint-venture contract with the Vietnamese contractor or a contract with the Vietnamese sub-contractor (included in the bid) which specifies the tasks to be performed by the Vietnamese contractor.
If the sub-contractor fails to be determined during the selection of contractor, the application for the construction license shall include the contract with the Vietnamese sub-contractor enclosed with the written approval of the investor and a copy of the business registration certificate of the Vietnamese sub-contractor.
6. A lawful power of attorney held by the person who is not a legal representative of the contractor, which is prepared using the form in the Appendix 3 of this Circular.
7. A digital file containing a color copy of the original which is an image or other format (*.pdf) of the decision to invest in the project or the investment certificate or the written approval for the investment guidelines.
The application form for a construction license shall be made in Vietnamese language. The establishment license or the business registration certificate issued by a foreign authority shall be consularly legalized, unless an international treaty to which Vietnam and the relevant country are signatories contains provisions on exemption from consular legalization. Papers and documents made in foreign languages must be translated into Vietnamese and the translations must be notarized/authenticated according to Vietnamese laws.
Applications for construction licenses submitted in the same year by the same applicant are not required to include the documents specified in Clauses 3 and 4 of this Article.
Article 5. Application for issuance of the construction license submitted by an individual
The foreign contractor being an individual shall submit an application directly or by post to the issuing authority. The application shall include:
1. An application form for the construction license, which is made using the form in the Appendix 4 hereof.
2. A copy or a digital file containing a color copy of the original which is an image or other format (*.pdf) of the announcement of winning bidder or the contract award which is lawful.
3. A copy or a digital file containing a color copy of the original which is an image or other format (*.pdf) of the operation license or the practicing certificate issued by the country being the home country of the foreign contractor or by the country where the construction project is executed and a copy of his/her personal passport.
4. A digital file containing a color copy of the original which is an image or other format (*.pdf) of the decision to invest in the project or the investment certificate or the written approval for the investment guidelines.
The application form for a construction license shall be made in Vietnamese language. A copy of an operation license or a practicing certificate issued by a foreign authority shall be consularly legalized, unless an international treaty to which Vietnam and the relevant country are signatories contains provisions on exemption from consular legalization. Papers and documents made in foreign languages must be translated into Vietnamese and the translations must be notarized/authenticated according to Vietnamese laws.
Applications for construction licenses submitted in the same year by the same applicant are not required to include the documents specified in Clause 3 of this Article.
Article 6. Procedures for issuance of the construction license
1. Within 05 working days from the day on which the application is received, the issuing authority shall consider it. If the application is unsatisfactory, notify and instruct the applicant in writing to complete it.
2. Within 20 working days from the day on which the satisfactory application is received, the issuing authority shall consider issuing the construction license to the contractor. If the application is rejected, the issuing authority shall notify the applicant in writing of the refusal.
3. The template of the construction license issued to a contractor being an organization and being an individual is provided in the Appendix 5 and Appendix 6 of this Circular respectively.
4. The contractor shall pay charges when receiving the construction license or the modified construction license according to regulations of the Ministry of Finance.
Article 7. Modification of the construction license
1. After receiving the construction license, if the foreign contractor wishes to change name or address of the contractor or a party of the joint venture or a sub-contractor or other contents specified in the issued construction license, such foreign contractor shall submit an application directly or by post to the issuing authority.
The template of a modified construction license is provided in the Appendix 7 of this Circular.
2. An application for modification of the construction license shall consist of:
a) An application form, which is made using the form in the Appendix 8 of this Circular.
b) Documents proving the modifications. Documents made in foreign languages must be translated into Vietnamese and translations must be authenticated according to Vietnamese laws.
3. The modification of the construction license shall be made within 20 working days from the day on which the satisfactory application is received.
1. By December 16, the foreign contractor shall submit a report on contract execution according to the form in the Appendix 08 of this Circular to the issuing authority and the Department of Construction of the province where the project is located.
2. By December 20, the provincial Department of Construction shall report to the construction authority affiliated to the Ministry of Construction on the issuance of construction licenses and management of construction activities of foreign contractors within their provinces according to the form in the Appendix 09 of this Circular.
Article 9. Reporting to the executive office
1. After receiving the construction license, the foreign contractor shall establish an executive office at the place where the project is executed and register the name, phone number, fax number, e-mail address, seal, bank account and TIN of the executive office.
Regarding contracts pertaining to the formulation of construction planning, formulation of construction investment project, construction survey or construction design, the foreign contractor may establish an executive office in the same place where the project owner's registered headquarters is located.
Regarding contracts pertaining to the construction and supervision of construction of works involving multiple provinces, the foreign contractor may establish an executive office in an area where part of the work is located.
2. After registering information about the executive office, the foreign contractor shall send a written notification directly or by post to the Department of Construction of the province where the executive office is located, the construction authority affiliated to the Ministry of Construction and relevant agencies using the form in the Appendix 11 of this Circular. If any information about the executive office is changed, the foreign contractor shall notify such agencies.
Article 10. [5](abolished)
Article 11. [6](abolished)
Article 12. [7](abolished)
Article 13. State management of construction licenses
1. The Ministry of Construction shall perform uniform state management of construction activities of foreign contractors in Vietnam, including:
a) Providing guidelines for and inspecting the implementation of this Circular.
b) Imposing penalties for violations and revoking construction licenses nationwide.
c) Assigning construction authorities affiliated to the Ministry of Construction to conduct the activities specified in this Circular.
2. The Ministry of Construction shall assign the Construction Activities Management Agency to carry out the following tasks:
a) Conduct an annual inspection of activities of foreign contractors nationwide; conduct irregular inspections of activities of foreign contractors when any violation against regulations of law on construction is discovered.
b) Request the Ministry of Construction to impose penalties for violations or revoke construction licenses nationwide.
c) Organize online issuance of construction licenses.
3. Provincial Departments of Construction shall:
a) preside over and cooperate with relevant agencies in monitoring, supervising and conducting periodic inspections of activities of foreign contractors in areas under their management;
b) conduct irregular inspections of activities of foreign contractors in areas under their management when any violation against regulations of law on construction is discovered.
c) By December 15 or on an ad hoc basis, submit a report to the construction authority affiliated to the Ministry of Construction on issuance of construction licenses and management of activities of foreign contractors in areas under their management.
1. This Circular comes into force from August 15, 2016 and replaces the Circular No. 01/2012/TT-BXD dated May 08, 2012 of the Ministry of Construction.
2. Any contractual license issued according to the regulations laid down in the Law on Construction 2003, the Prime Minister’s Decision No. 87/2004/QD-TTg dated May 19, 2004, the Prime Minister’s Decision No. 03/2012/QD-TTg dated January 16, 2012 and the Circular No. 01/2012/TT-BXD dated May 08, 2012 of the Minister of Construction shall remain effective until the contract award is terminated.
3. Agencies, organizations and individuals concerned are responsible for the implementation of this Circular./.
| PP. THE MINISTER |
| CERTIFIED BY PP. THE MINSITER |
[1] The Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Minister of Construction on guidelines for certain details regarding construction practicing certificate, certificate of eligibility for construction activities, and management of foreign construction contractors in Vietnam, which comes into force from November 20, 2018, is promulgated pursuant to:
“The Law on Construction No. 50/2014/QH13;
The Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;
The Government's Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;
The Government's Decree No. 42/2017/ND-CP dated April 05, 2017 on amendments to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;
The Government’s Decree No. 100/2018/ND-CP dated July 16, 2018 amending and annulling some regulations on necessary business conditions in fields under the management of the Ministry of Construction.
At the request of the Director of the Construction Activities Management Agency”
The Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on elaboration of periodic reporting regulations; amendments and replacement of some Articles of the Circulars related to periodic reporting regulations under the management of the Ministry of Construction, which comes into force from August 15, 2019, is promulgated pursuant to:
“The Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;
The Government’s Decree No. 09/2019/ND-CP dated January 24, 2019 on regulations on reporting by state administrative agencies;
At the request of the Chief of the Ministry Office;”
[2] This Article is abolished by Clause 1 Article 5 of the Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Ministry of Construction, which comes into force from November 20, 2018.
[3] This Article is abolished by Clause 1 Article 5 of the Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Ministry of Construction, which comes into force from November 20, 2018.
[4] This Article is replaced by Clause 1 Article 11 of the Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Ministry of Construction, which comes into force from August 15, 2019.
[5] This Article is abolished by Clause 1 Article 5 of the Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Ministry of Construction, which comes into force from November 20, 2018.
[6] This Article is abolished by Clause 1 Article 5 of the Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Ministry of Construction, which comes into force from November 20, 2018.
[7]This Article is abolished by Clause 1 Article 5 of the Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Ministry of Construction, which comes into force from November 20, 2018.
[8] Article 6 of the Circular No. 08/2018/TT-BXD dated October 05, 2018 of the Minister of Construction on guidelines for certain details regarding construction practicing certificate, certificate of eligibility for construction activities, and management of foreign construction contractors in Vietnam, which comes into force from November 20, 2018, stipulates that:
“Article 6. Effect
1. This Circular comes into force from November 20, 2018.
2. The Circular No. 17/2016/TT-BXD dated June 30, 2016 of the Minister of Construction and Articles 1 and 2 of the Circular No. 24/2016/TT-BXD dated September 01, 2016 of the Minister of Construction shall cease to have effect from the effective date of this Circular.
3. Ministries, ministerial agencies, People's Committees at all levels and relevant organizations and individuals are responsible for the implementation of this Circular. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration and resolution./.”
Article 13 of the Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on elaboration of periodic reporting regulations; amendments and replacement of some Articles of the Circulars related to periodic reporting regulations under the management of the Ministry of Construction, which comes into force from August 15, 2019, stipulates that:
“Article 13. Effect
This Circular comes into force from August 15, 2019.
Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration./.”
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