Circular No. 438/BXD-XL Registration of Project Management Offices for Foreign Contractors

Regarding Registration of Project Management Offices for Foreign Contractors

managing the works of

foreign contractors.

                                            To: People's Committees of Provinces and Cities under Central Government

            On May 19, 2004, the Prime Minister issued Decision No. 87/2004/QĐ-TTg promulgating the Regulation on Management of Activities of Foreign Contractors in Construction in Vietnam. Point a, Clause 2, Article 7 of the Decision stipulates that foreign contractors must register their Project Management Office with the relevant authority after obtaining the bidding license.

To carry out transactions related to the implementation of signed contracts, contractors only need to register with the provincial-level construction department regarding certain information and this department merely needs to confirm the registration of the contractor.

However, currently, the registration procedures for Project Management Offices in various localities are inconsistent and complex, causing difficulties for contractors. To facilitate foreign contractors and standardize management of Project Management Office registrations nationwide, the Ministry of Construction provides guidance as follows:

1- The People's Committees of provinces and cities under central government should delegate the provincial construction department to be responsible for managing construction activities in their locality to receive and confirm registration certificates for Project Management Offices for foreign contractors undertaking construction projects of all types within their jurisdiction.

2- After obtaining a bidding license, the contractor shall submit an application for registering a Project Management Office according to the form attached as Appendix No. 1 to this document along with a certified copy of the bidding license to the provincial construction department where the project is located.

3- Within five working days from the date of receiving the registration application, the provincial construction department shall issue a confirmation certificate for Project Management Office registration according to the form attached as Appendix No. 2 to this document without collecting any fees.

4- Within its functions and responsibilities, the provincial construction department is responsible for monitoring and inspecting all activities of contractors in accordance with the law.

The Ministry of Construction requests People's Committees of provinces and cities under central government to instruct their construction departments to implement Project Management Office registration for foreign contractors as guided above.