Contents of Administrative procedures - Department of Construction

Procedure Granting the contracting license for foreign contractors operating construction in Ha Noi.
Process

- Organizations, individuals submit dossier at the One-Stop-Shop (OSS) of the Department of Construction (or sent by post) and receive reply coupon with the written date of the result returning.


- Integrated Planning Division receives, handle and return the results for the OSS on the date of appointment.


- Organizations, individuals receive the outcome on the date of appointment at the OSS.

Where to submit Dossier may be submitted in person or sent by post to OSS of the Department of Construction (No. 52 Le Dai Hanh Street, Hai Ba Trung District, Ha Noi).
Contents and number of the dossier

1/ Dossier for granting the contracting license for organizations


a) Number of the dossier: 01 (one) set.


b) Contents of the dossier:


1. An application for contracting license in the form in Appendix No. 1 of Circular No. 14/2016/TT-BXD dated June 30, 2016.


2. A copy or file including color copies of the original documents which are images or other format (*.pdf) of the bidding result or contractor selection decision or legal contract of contracting delivery.


3. A copy or file including color copies of the original documents which are images or other format (*.pdf) of applicant’s establishment license (or business registration certificate) and the Certificate of practice (if any) granted in the country where the foreign contractor has citizenship or where the contractor is implementing the project.


4. A file including color copies of the original documents which are images or other format (*.pdf) of the report on experience in construction operation related to the contracting work in the form in Appendix No. 2 of Circular No. 14/2016/TT-BXD dated June 30, 2016 and report on the annual audit results of the last three years (For the case the contractor receives the performance of the tender package not subject to required application of the regulations of the Vietnamese law on tender).


5. A copy or file including color copies of the original documents which are images or other format (*.pdf) of a partnership contract with a Vietnamese contractor or contracts with Vietnamese sub-contractors (identified upon tendering or tender offering), clearly defining the work performed by the Vietnamese contractor.


In case the list of Vietnamese sub-contractors was identified upon tendering or tender offering, when applying for a construction permit, there must be a contract with Vietnamese subcontractors, enclosed with the investor's written approval and a copy of the business registration certificate of the Vietnamese subcontractor.


6. The lawful authorization letter, for person who is not legal representatives of contractors (according to the form in Appendix No. 3 of Circular No. 14/2016/TT-BXD dated June 30, 2016).


7. A file including color copies of the original documents which are images or other format (*.pdf) of a project investment decision or an investment certificate or a written approval of the investment policy.


• Note:


- The application for construction license must be made in Vietnamese. The establishment license or the Certificate of Business Registration of foreign countries must be consularly legalized except for the case of international agreement in which Viet Nam and the concerned countries are members has regulations on exemption from consular legalization. Papers and documents in foreign languages must be translated into Vietnamese and the translations must be notarized or authenticated according to Vietnamese laws.


- Those applying for a construction license for the second time in the same year will be exempt from submitting the documents mentioned in Clause 3, Clause 4


* Dossiers for granting the contracting license for individuals


a) Number of the dossier: one (01) set.


b) Contents of the dossier:


1. An application for contracting license in the form in Appendix No. 4 of Circular No. 14/2016/TT-BXD dated June 30, 2016.


2. A copy or file including color copies of the original documents which are images or other format (*.pdf) of the bidding result or contractor selection decision or legal contract of contracting delivery.


3. A copy or file including color copies of the original documents which are images or other format (*.pdf) of applicant’s establishment license (or business registration certificate) and the Certificate of practice (if any) granted in the country where the foreign contractor has citizenship or where the contractor is implementing the project.


4. A file including color copies of the original documents which are images or other format (*.pdf) of a project investment decision or an investment certificate or a written approval of the investment policy.


• Note:


- The application for contracting license must be made in Vietnamese. The establishment license or the Certificate of Business Registration of foreign countries must be consularly legalized except for the case of international agreement in which Viet Nam and the concerned countries are members has regulations on exemption from consular legalization. Papers and documents in foreign languages must be translated into Vietnamese and the translations must be notarized or authenticated according to Vietnamese laws.


- Those applying for a construction  license for the second time in the same year will be exempt from submitting the documents mentioned in Clause 3.

Processing duration Within 15 days after receiving complete dossier.
Objects Organization, individual
Competent agency Department of Construction
Outcome License
Fee Pursuant to Circular No. 172/2016/TT-BTC dated October 27, 2012 of the Ministry of Finance guiding the collection, remittance and use management of construction fees.)
Form/Declaration

- Application for contracting license for organization in the form in Appendix No. 1 of Circular No. 14/2016/TT-BXD dated June 30, 2016.


- Application for contracting license for individual in the form in Appendix No. 4 of Circular No. 14/2016/TT-BXD dated June 30, 2016.


- Report on experience in construction operation related to the contracting work in the form in Appendix No. 2 of Circular No. 14/2016/TT-BXD dated June 30, 2016 and report on the annual audit result of the last 3 years.


- The lawful authorization letter for person who is not legal representatives of contractors (according to the form in Appendix No. 3 of Circular No. 14/2016/TT-BXD dated June 30, 2016).

Other requirements None
Legal basis

- Construction Law 2014.


- Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on construction project management.


- Circular No. 14/2012/TT-BXD dated June 30, 2016 of the Ministry of Construction, guidance on contractual licensing procedures and management of foreign contractors operating construction in Viet Nam.


- Circular No. 172/2016/TT-BTC dated October 27, 2016, prescribing the rates and collection and remittance of fee for grant of construction activity licenses.

Administrative procedures