Decision No. 03/2012/QD-TTg on Amending and Supplementing Certain Provisions of the Regulation on Managing the Activities of Foreign Contractors in the Construction Sector in Vietnam issued together with Decision No. 87/2004/QD-TTg

Pursuant to …;

Regarding the amendment and supplementation of certain provisions of the regulation on the management of foreign contractors' activities in the construction sector in Vietnam issued together with Decision No. 87/2004/QĐ-TTg

in the field of construction in Vietnam promulgated together with Decision No. 87/2004/QD-TTg

_____________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment dated June 19, 2009;

Considering the proposal of the Minister of Construction,

DECISION:

Article 1. Amending and supplementing certain provisions of the "Regulation on Management of Foreign Contractors' Activities in the Construction Sector in Vietnam" issued together with Decision No. 87/2004/QĐ-TTg dated May 19, 2004 of the Government as follows:

1. Change the name of the "Regulation on Management of Foreign Contractors' Activities in the Construction Sector in Vietnam" issued together with Decision No. 87/2004/QĐ-TTg dated May 19, 2004 of

2. Amend and supplement Article 1 as follows:

"Article 1. Scope and scope of application This Regulation applies to foreign contractors operating in the construction sector in Vietnam in the fields of planning construction, investment project preparation, construction survey, construction design, construction works, construction supervision, project management, contractor selection in construction activities, provision of materials - equipment technology accompanied by related technical services for construction projects.

In case international treaties to which the Socialist Republic of Vietnam is a member have different provisions from those stipulated in this Regulation, such treaties shall be applied."

3. Amend and supplement Article 5 as follows:

"Article 5Application dossier for tender permit
1. To be considered for issuance of a tender permit in Vietnam, foreign contractors must submit directly or through postal service one set of application dossier to the authority issuing the tender permit as prescribed in Articles 10 and 16 of this Regulation. The application dossier for a tender permit includes:
a) An application form for a tender permit (in accordance with the model guided by the Ministry of Construction).
b) A certified copy of the bidding result document or the decision to select the bidder or the lawful subcontracting contract.
c) A certified copy of the Business Registration Certificate (or the Business Registration Certificate for organizations, or the consulting activity license for individuals) and the professional certificate (if any) issued by the country or place where the foreign contractor holds nationality.
d) A report on relevant experience in performing contracted work and a consolidated financial audit report for the last three years (for cases as stipulated in Clause 2 of Article 4 of this Regulation).
đ) A joint venture contract with a Vietnamese contractor or a commitment to use a Vietnamese sub-contractor to perform the contracted work (already included in the bidding dossier or tender offer dossier).
e) A lawful power of attorney for persons who are not the legal representatives of the contractor.

2. The application for a tender permit must be in Vietnamese. The business registration certificate or business registration certificate of foreign countries must be legalized by consular authentication, except in cases where international treaties to which Vietnam and the relevant countries are members provide for exemption from consular authentication. Documents and materials specified in points b, c, đ, e of Clause 1 of this Article, if in a foreign language, must be translated into Vietnamese and the translation must be notarized and authenticated in accordance with Vietnamese law."

4. Amend and supplement Clause 1 of Article 6 as follows:

"Article 6. Time limit for granting tender permits and fees for issuing tender permits 1. The competent state agency as prescribed in Articles 10 and 16 of this Regulation shall examine the dossier to grant a tender permit to foreign contractors within 15 working days from the date of receipt of the complete dossier as prescribed in Article 5 of this Regulation. In case of refusal, the competent authority issuing the permit must notify the contractor in writing and specify the reasons."

6. Amending and supplementing some clauses of Article 9 as follows:

"Clause a of Clause 2 of Article 7 is amended and supplemented as follows:
a) Register the address, telephone number, fax, email of the management office and the representative implementing the contract at relevant agencies according to the regulations of the People's Committee of the province where the bid-received project is located. For contractors implementing packages of planning construction, investment project preparation, construction survey, construction design projects, they may register the above contents in other localities that are not the location of the bid-received project.

After completing the registration of the above contents, the contractor shall notify this information directly or through postal service to the Ministry of Construction, Ministry of Public Security, Ministry of Finance, Ministry of Industry and Trade, State Bank of Vietnam, People's Committee of provinces and centrally-run cities where the construction project is located, in accordance with the guidance of the Ministry of Construction."

6. Repeal Clause 8, Clause 9 of Article 2 of the Regulation

7. Replace the term "Ministry of Trade" in the Regulation with the term "Ministry of Industry and Trade."

Article 2. Effective Date

1. This Decision takes effect from March 1, 2012.

2. The basis for issuing Decision No. 87/2004/QĐ-TTg dated May 19, 2004 of

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees and centrally-run city People's Committees and related organizations and individuals are responsible for implementing this Decision.