The development of real estate projects and the new provisions of the “Bid Law”, “Construction Law” and “Investment Law” encourage foreign investors to participate in Vietnamese bidding. A foreign bidder can be: a general contractor, a prime contractor, a partnership contractor or a subcontractor. However, unlike local contractors, foreign contractors must award a building permit for each construction contract after winning the bid. The procedures for the issuance of foreign contractor building permits are specified in Decree 59/2015 /NĐ-CP ((Construction Project Management) and 14/2016 / TT-BXD Notice (providing Vietnamese building permit and foreign construction contracting) The guidelines for business management are effective as of August 15, 2016. The required files are issued for the construction permit of the foreign contractor: the construction permit application form (using the provisions of Annex 1 of the Notice No. 14/2016 / TT-BXD) Format; a true copy of the report of the bid result or a legal decision on the tender decision; a certified copy of the authorized institution or a business registration certificate and practice license issued by an authorized agency (if any) held by the foreign contractor Country of nationality; report of contract execution experience and financial audit report in the last 03 years (bid package not complying with the “Tendering Law”); joint venture contractor signed with Vietnamese or official contract or rule signed with Vietnamese subcontractor Contract for tendering (provided in the tender envelope); authorizing the statutory power of attorney of the non-contractor (using the provisions of Annex 3 of Circular No. 14/2016 / TT-BXD) Note: The application must be in Vietnamese; the certificate of establishment issued overseas, the business registration certificate must be legalized by the consular; all foreign documents must be translated into Vietnamese, notarized and notarized. The file is submitted at: For projects belonging to Group A, the construction project is located in 2 or more: the specialized agency of the Ministry of Construction; the project belonging to Group B and Group C: Provincial Construction Department. Duration: Within 05 working days, the authorization for the file is received. The organization will review and request that the modification or adjustment of the file be incomplete or inappropriate, and provide guidance in writing. Within 20 working days from the date of receipt of the valid file, the authorized institution will review and issue the construction permit or rejection of the foreign contractor. Do this and provide instructions. Daiyin INS services: consulting construction permit conditions. Foreign contractors in Vietnam; consulting and drafting joint venture contracts between foreign contractors and Vietnamese partners; consulting procedures for issuing construction permits by Vietnamese contractors outside Vietnam Consultation with foreign contractor construction permit law to prepare the file in Vietnam; translation to prove the truth and consular legalization in the process Documents used; provide complete documentation for clients to obtain construction permits for contractors outside Vietnam; execute procedures for issuing construction permits from foreign contractors at authorized institutions; register and request for seals of execution offices for foreign contractors Notice: If the foreign contractor obtains the construction permit in accordance with the following provisions: Construction Law 2003, Decision No. 87/2004 /QĐ-TTg (Regulations on the Operation of Foreign Contractors in Construction) Vietnamese Domain Name); /2012 /QĐ-TTg Decision (Some Provisions on Amending and Supplementing the Regulations on the Administration of Foreign Contractors in the Construction Sector in Vietnam and Decision No. 87/2004 /QĐ-TTg); Notice No. 01/2012 (on Contract Licensing Procedures and The guidance for the management of foreign contractors operating buildings in Vietnam) then the construction permit is still valid and can be used before the termination of the tender contract. Foreign contractor who needs a construction permit. Please feel free to contact Daiyue INS for legal advice and get support in the process!
