Circular No. 02/1998/TT-BXD guiding the registration of activities for construction enterprises and consulting enterprises with foreign direct investment in Vietnam.

CIRCULAR

Guidelines for registering activities for construction enterprises and construction consulting enterprises with foreign direct investment in Vietnam
vốn đầu tư trực tiếp nước ngoài tại Việt Nam

Based on Decree No. 10/1998/NĐ-CP dated January 23, 1998 of the Government regarding certain measures to encourage and ensure the operation of foreign direct investment in Vietnam.

Implementing Directive No. 11/1998/CT-TTg dated March 16, 1998 of the Prime Minister on implementing Decree No. 10/1998/NĐ-CP of the Government and improving procedures for foreign direct investment;

Pursuant to the Government Decree No. 15/CP dated March 4, 1994, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Ministry of Construction provides guidelines for registering activities in the fields of construction works and construction consulting for enterprises established under the Law on Foreign Investment in Vietnam as follows:

1. Enterprises engaged in construction and construction consulting established under the Law on Foreign Investment in Vietnam (hereinafter referred to as enterprises) are not required to register their practice in construction or construction consulting as stipulated in the "Regulations on Registration and Issuance of Construction Practice Certificates" issued together with Decision No. 500/BXD-CSXD dated September 18, 1996 and the "Regulations on Activities and Registration of Construction Consulting Practices" issued together with Decision No. 19/BXD-CSXD dated June 10, 1995 of the Minister of Construction.

2. To operate, enterprises must register with the Ministry of Construction regarding their capacity and specialized activity content according to the provisions of this Circular so that the Ministry of Construction can confirm and manage the enterprise's activities based on such registration.

The content of the enterprise's activity registration must be based on its actual capacity, the content of the Investment License, and economic and technical explanations or the Articles of Operation when applying for an investment permit.

3. Within ten days from receiving the enterprise's registration form, the Ministry of Construction will confirm the enterprise's activity registration according to the model number 1 attached to this Circular.

Enterprises are not required to pay any registration fee.

Enterprises operating in a local area must submit the confirmation letter of registration from the Ministry of Construction to the local Department of Construction for management purposes.

4. At the end of each fiscal year, enterprises must submit a report to the Ministry of Construction on their operational status during the year according to the content specified in Table No. 3 attached to this Circular.

5. Enterprises that have been granted Construction Practice Certificates or Construction Consulting Practice Certificates by the Ministry of Construction may continue to use those certificates until their expiration date. After the expiration date, they must follow the registration procedures stipulated in this Circular.

This Circular takes effect fifteen days after the date of signature. During implementation, if there are any difficulties, relevant state agencies at all levels and enterprises are requested to send their comments to the Ministry of Construction for appropriate handling and adjustment.

APPENDIX 1

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

..., day ... month ... year ...

REGISTRATION FORM FOR CONSTRUCTION ACTIVITY

(OR CONSTRUCTION CONSULTING)

To: Ministry of Construction

Name of the enterprise:

Vietnamese Name:

Trading Name:

Registered Office:

Branches:

Telephone: Fax:

Legal Representative:

Established under Investment Permit No.: ...issued by (attached copy of the Investment Permit).

Request to register capacity and content of construction (or construction consulting) activities as follows:

Competencies:

Investment Capital:

Statutory capital:

Professional Technical Staff: (according to Table No. 1 or copies from the application for the Investment Permit)

Equipment: (according to Table No. 2 or copies from the application for the Investment Permit)

Activity Content: (Construction or construction consulting according to types of projects or areas of work listed in Appendix No. 1a of this Circular)

Operating Area: Scope of Operation:

Duration of Operation: From to

I hereby certify that the information provided above is true. If it is false, I will bear full responsibility under the law.

(Legal Representative of the Enterprise)

(signature, seal)

Note: When actual capacity changes, the enterprise must re-register.

APPENDIX 1A

A. CLASSIFICATION OF CONSTRUCTION PROJECTS AND WORKS

(FOR CONSTRUCTION ENTERPRISES)

1. Civil Engineering Projects

2. Industrial Projects

3. Transportation Projects (road, railway, waterway, airway, bridges, culverts, etc.)

4. Mining Projects

5. Oil and Gas Extraction Projects

6. Water Conservancy, Hydropower, Power Transmission Lines, and Substations

7. Agricultural, Forestry, Aquaculture Projects

8. Postal, Telecommunications, and Communication Projects

9. Foundation Construction Works

10. Installation of technological equipment, fabrication of non-standard structures and equipment, installation of building mechanical and electrical systems, power transmission lines and substations, communication systems, gas and liquid pipelines, water supply systems, fire protection systems, and other installation works.

11. Interior and exterior decoration works.

B. CLASSIFICATION OF CONSTRUCTION CONSULTING WORKS

(FOR CONSTRUCTION CONSULTING ENTERPRISES)

1. Project Investment Feasibility Studies

2. Tendering and Economic Contract Consulting

3. Construction Surveying

4. Testing to provide or verify technical parameters for design and quality assessment of construction projects.

5. Detailed Planning Design, Construction Design (architectural, structural, technological design), Preparation of Total Budget Estimates

6. Project Investment Feasibility Study Review

7. Technical Design Review of Construction Projects

8. Total Budget Estimate Review of Construction Projects

9. Quality Inspection of Construction Projects

10. Quality Supervision of Construction Projects

11. Project Management

12. Determination and Evaluation of Causes of Project Failures and Related Factors to Develop Reinforcement and Repair Plans.

13. General Contracting for Design and Total Budget Estimates.

TABLE 1

TECHNICAL STAFF QUALIFICATIONS FORM
OF THE ENTERPRISE

TABLE 2

EQUIPMENT AND MACHINERY FORM OF THE ENTERPRISE

(Enterprise Representative)

(signature, seal)

FORM NO. 1

CONFIRMATION LETTER OF REGISTRATION
CONSTRUCTION ACTIVITY

(OR CONSTRUCTION CONSULTING)

The Ministry of Construction confirms: (Name of Enterprise)

By: (Full Name) representing the enterprise before the law

Registered Office:

Established under Investment Permit No.: issued by Has registered activities with the Ministry of Construction as follows:

-

-

-

-

Operating Area:

Scope of Activities:

Duration of Operation:

Minister of Construction

TABLE NO. 3

REPORT

BUSINESS OPERATIONS STATUS IN YEAR...OF... (ENTERPRISE NAME)....

(name, position)

(signature, stamp)