Circular No. 05/2004/TT-BXD guiding procedures and management for issuing tender licenses to foreign contractors operating in the construction sector in Vietnam.

CIRCULAR

Guidelines for procedures and management of tender license issuance

for foreign contractors operating in the construction sector in Vietnam

Pursuant to Article 10 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 dated May 19, 2004 of the Prime Minister; implementing the State management functions of the Ministry of Construction stipulated in Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government, the Ministry of Construction provides guidelines for procedures and management of tender license issuance for foreign contractors operating in the construction sector in Vietnam as follows:

1. Application dossier for tender license issuance for organizations:

The contractor submits one original set and two photocopy sets of the application dossier to the licensing authority, each set including:

a) An application form for tender license issuance according to Appendix No. 1 of this Circular.

b) A copy of the bidding result document or the decision to select the bidder or the lawful subcontracting contract.

c) A copy of the Business Registration Certificate and Company Charter (or business registration certificate of the organization) and the professional practice certificate issued by the country where the foreign contractor holds citizenship.

d) A report on relevant construction experience related to the contracted work according to Appendix No. 2 of this Circular and audited financial statements for the last three years (for cases where the contractor undertakes a tender package that is not required to be subject to the provisions of Vietnamese law on bidding).

e) A joint venture contract with a Vietnamese contractor or a commitment to use a Vietnamese subcontractor to perform the contracted work (already included in the bidding dossier or tender offer dossier).

f) A lawful power of attorney for persons who are not the legal representatives of the contractor.

The application for tender license issuance must be in Vietnamese. Foreign documents must be legalized by diplomatic channels for the first-time application for a tender license (except where otherwise provided by Vietnamese law or international treaties to which Vietnam is a party). Documents in foreign languages must be translated into Vietnamese and the translation must be notarized or certified in accordance with Vietnamese law.

For application dossiers for tender license issuance arising within the last three consecutive years, the dossier only includes the documents specified in items a, b, and e of Point 1 of this Circular.

2. Application dossier for tender license issuance for individuals engaged in investment construction consultancy:

The contractor submits one original set and two photocopy sets of the application dossier to the licensing authority, each set including:

a) An application form for tender license issuance according to Appendix No. 3 of this Circular.

b) A copy of the bidding result document or the decision to select the bidder or the lawful subcontracting contract.

c) A copy of the business operation permit or consultancy professional practice certificate issued by the country where the contractor holds citizenship and a copy of the individual's passport.

d) Personal professional history (self-declared) accompanied by copies of contracts for related works performed in the last three years.

The application for tender license issuance must be in Vietnamese. Foreign documents must be legalized by diplomatic channels for the first-time application for a tender license (except where otherwise provided by Vietnamese law or international treaties to which Vietnam is a party). Documents in foreign languages must be translated into Vietnamese and the translation must be notarized or certified in accordance with Vietnamese law.

For application dossiers for tender license issuance arising within the last three consecutive years, the dossier only includes the documents specified in items a and b of Point 2 of this Circular.

3. Authority to issue and revoke tender licenses:

a) The Ministry of Construction issues and revokes tender licenses for foreign contractors that are organizations undertaking tender packages of Category A projects and other tender packages in two provinces or more.

b) Local Construction Departments issue and revoke tender licenses for foreign contractors that are organizations undertaking tender packages of Category B and C projects in their localities and for foreign contractors that are individuals performing investment construction consultancy work in the locality where the project is located or where the project sponsor has registered its headquarters.

The tender license for organizations is issued according to Appendix No. 4 and for individuals according to Appendix No. 5 of this Circular.

4. Reporting requirements:

a) Foreign contractors shall submit reports every six months to the licensing authority regarding the implementation of contracts according to Appendix No. 6 of this Circular.

b) Local Construction Departments shall report every six months to the Ministry of Construction regarding the issuance of tender licenses and the activities of foreign contractors in their localities according to Appendix No. 7 of this Circular.

- Directing the Department of Information and Communications to advise on management, plan formulation, and implementation after approval by the Provincial People's Committee;

1. This Circular replaces the provisions in Part III on foreign contractor management of Circular No. 16/2000/TT-BXD dated December 11, 2000 of the Ministry of Construction and takes effect fifteen days after its publication in the Official Gazette.

2. Relevant agencies, organizations, and individuals are responsible for guiding and implementing this Circular. Any difficulties encountered during implementation should be reported to the Ministry of Construction for resolution./.