Projects must apply for a foreign contractor license at the Ministry of Construction

Article overview

Foreign contractor license is the key to opening up potential international cooperation opportunities and creating conditions for international businesses to participate in the Vietnamese construction market. The transparent and efficient licensing process reflects Vietnam’s commitment to attracting international investment and expertise. The following article by Long Phan will provide detailed instructions on the necessary steps to help foreign contractors quickly integrate and contribute to the development of Vietnam’s construction industry.

Apply for a foreign contractor license at the Ministry of Construction
Apply for a foreign contractor license at the Ministry of Construction

Conditions for granting foreign contractor licenses

According to Article 103 of Decree 15/2021/ND-CP, foreign contractors must meet the following conditions to be granted a construction license in Vietnam. Specifically as follows:

  • First: Foreign contractors need to have a winning decision or be selected to bid from the investor or main (sub)contractor.
  • Second: The requirement to enter into a joint venture with a Vietnamese contractor or use a Vietnamese subcontractor is mandatory, unless the domestic contractor is not qualified to participate. When entering into a joint venture or using a Vietnamese contractor, the content, volume and value of the work performed by the Vietnamese contractor in the joint venture must be clearly defined; performed by Vietnamese subcontractors.
  • Third, foreign contractors must commit to fully comply with Vietnamese laws related to contracting activities in Vietnam.

Projects must apply for a foreign contractor license at the current Ministry of Construction

Pursuant to Clause 3, Article 104 of Decree 15/2021/ND-CP, the Ministry of Construction has the authority to issue foreign contractor licenses for the following projects:

  • Nationally important project
  • Group A projects, construction investment projects in two or more provinces.
 The project is required to apply for a foreign contractor license at the Ministry of Construction
The project is required to apply for a foreign contractor license at the Ministry of Construction

Procedure for applying for a foreign contractor license at the Ministry of Construction

Prepared documents

According to the provisions of Clause 1 and Clause 2, Article 104 of Decree 15/2021/ND-CP, foreign contractors when applying for a License need to prepare a complete dossier including the following documents:

  1. Application for construction license according to Form No. 01, Form No. 04, Appendix IV of Decree 15/2021/ND-CP;
  2. Certified copy or electronic copy of bidding results or decision on legal bidding;
  3. A certified copy or electronic copy of the establishment license or Business Registration Certificate for the organization and practice certificate (if any) issued by the country where the foreign contractor holds the nationality;
  4. Report on operational experience related to contracted work and a certified copy or electronic copy of the financial audit summary report for the most recent 3 years (in case of failure to comply with regulations). of the law on bidding);
  5. Certified copy or electronic copy of the joint venture contract with the Vietnamese contractor or the official contract or principle contract with the Vietnamese subcontractor to perform the bidding work (already included in the bid documents). or bidding documents);
  6. Legal power of attorney for a person who is not the contractor’s legal representative;
  7. Certified copy or electronic copy of project approval decision or investment decision or investment certificate of the project/construction.

Note:

  • Applications for construction permits must be made in Vietnamese. Foreign establishment licenses or business registration certificates must be consularly legalized, except in cases where international treaties to which Vietnam and related countries are members have provisions on legal exemptions. consularization.
  • Documents in sections 2, 3, 5 and 6, if in a foreign language, must be translated into Vietnamese and the translation must be notarized and authenticated according to the provisions of Vietnamese law.

Implementation procedures

The process of applying for a foreign contractor license at the Ministry of Construction is carried out according to Article 105 of Decree 15/2021/ND-CP. Specifically as follows:

Step 1: The foreign contractor submits an application for a construction license at the Ministry of Construction. Applications can be submitted directly or via postal service

Step 2: Within 20 days from the date of receipt of complete documents, the specialized construction agency will review the documents to issue a Construction Activity License to the foreign contractor. In case of refusal, the agency competent to issue the Construction Activity License must respond in writing to the contractor and clearly state the reason.

Consulting and support services for applying for foreign contractor licenses at the Ministry of Construction

Using professional consulting services helps foreign contractors save time, avoid errors and increase the likelihood of being quickly licensed. With experience in the construction field, Long Phan will help you carry out licensing procedures to ensure legal compliance and increase efficiency in the process of applying for construction licenses in Vietnam. Consulting and support services at Long Phan include:

  • Consulting on issues related to construction activities in Vietnam.
  • Consulting on conditions, processes and procedures for applying for licenses.
  • Support the preparation of complete and accurate documents as required by the Ministry of Construction.
  • Representing customers to submit documents and monitor processing progress.
  • Answer questions and handle problems that arise during the licensing process.
 Long Phan's consulting and support services for applying for foreign contractor licenses
Long Phan’s consulting and support services for applying for foreign contractor licenses

Applying for a Foreign Contractor License at the Ministry of Construction opens up opportunities for cooperation and development in the Vietnamese construction industry, helping foreign contractors confidently participate in construction projects in Vietnam smoothly. . If you still have questions about the process and procedures for applying for a license, please contact Long Phan via hotline. 0906735386 for detailed advice and effective solutions.