The development of real-estate projects as well as the new regulations of the Law on Bidding, the Law on Construction and the Law on Investment have encourage foreign investors participate in bidding in Vietnam. Foreign bidders may be: general contractors, prime contractors, partnership contractors or sub-contractors. However, different from local contractors, a foreign contractor must be granted the Construction License in accordance with each construction contract after winning bid.
Procedures for issuance of the Construction License of foreign contractor is regulated in Decree No. 59/2015/NĐ-CP (on construction project management) and Circular No. 14/2016/TT-BXD (providing guidelines for the issuance of construction licenses and the management of foreign construction contractor in Vietnam, which has been effective from August 15, 2016).
A dossier for requirement for issuance of the Construction License of foreign contractor:
Dossier submitted at:
Duration: Within 05 working days, the authorized body which receives the dossier will examine and require amendments or adjustments if the dossier is not complete or unsuitable and provide guidelines in written form. Within 20 working days from the day on which the valid dossier is received, the authorized body will examine and issue the Construction License for foreign contractor or refuse to do so and provide explanation.
Services at Viet An Law Firm:
If foreign contractor was granted the Construction License as prescribed by: The Law on Construction 2003, Decision No. 87/2004/QĐ-TTg (on promulgating the regulations on management of operations of foreign contractors in the construction domain in Vietnam); Decision No. 03/2012/QĐ-TTg (on amending and supplementing a number of articles of the regulation on management of operations of foreign contractors in the construction domain in Vietnam promulgated together with decision No. 87/2004/QĐ-TTg); Circular No. 01/2012 (guidance on contractual licensing procedures and management of foreign contractors operating construction in Vietnam) then the Construction License is still valid and can be used until the bidding contract is terminated.
Foreign contractors who need to gain the Construction License in Vietnam please feel free to contact Viet An Law Firm to receive legal advice and to be supported during the process!
Ho Chi Minh city office