Decision No. 03/2012/QD-TTg dated January 16, 2012 of the Prime Minister amending and supplementing a number of Articles of the regulation on management of operations of foreign contractors in the construction domain in Vietnam promulgated together with Decision No. 87/2004/QD-TTg

DECISION

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON MANAGEMENT OF OPERATIONS OF FOREIGN CONTRACTORS IN THE CONSTRUCTION DOMAIN IN VIETNAM PROMULGATED TOGETHER WITH DECISION NO. 87/2004/QD-TTG

THE PRIME MINISTER

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

Pursuant to the November 26, 2003 Construction Law;

Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Laws Related to Capita! Construction Investment;

At the proposal of the Minister of Construction,

DECIDES:

Article 1.To amend and supplement a number of articles of the Regulation on management of operations of foreign contractors in the construction domain in Vietnam promulgated together with the Prime Minister s Decision No. 87/2004/QD-TTg of May 19, 2004, as follows:

1. To rename the Regulation on management of operations of foreign contractors in the construction domain in Vietnam promulgated together with (he Prime Minister s Decision No. 87/2004/QD-TTg of May 19, 2004, into Regulation on management of foreign contractors engaged in construction activities in Vietnam.

2. To amend and supplement Article 1 as follows:

"Article 1. Subjects and scope of application

This Regulation applies to foreign contractors engaged in construction activities in Vietnam covering construction planning, formulation of construction investment projects, construction survey, work construction designing, work construction, construction supervision, construction investment project management, contractor selection in construction and provision of supplies, equipment and technology accompanying technical services related to construction works.

When a treaty to which the Socialist Republic of Vietnam is a contracting party provides otherwise, such treaty prevails."

3. To amend and supplement Article 5 as follows:

"Article 5. Dossiers of application for contracting licenses

1. To be considered for grant of a contracting license in Vietnam, a foreign contractor shall submit directly or by post 1 dossier set to a licensing agency specified in Article 10 or 16 of this Regulation.

A dossier of application for a contracting license comprises:

a/ An application for a contracting license (made according to the form guided by the Ministry of Construction).

b/ A certified copy of the bidding result document or the decision on contractor selection or the lawful contracting agreement.

c/ Certified copies of the establishment license (or the business registration certificate, for organizations: the consultancy license, for individuals) and the professional practice certificate (if any) granted by the country of which the foreign contractor bears the nationality.

d/ A report on operational experiences related to contracted works and a financial audit report of the latest 3 years (for the cases mentioned in Clause 2, Article 4 of this Regulation).

e/ A partnership contract with a Vietnamese contractor or a written commitment to employing Vietnamese subcontractors to perform the contracted works (already included in the bid dossier or tender dossier).

f/ A lawful authorization letter, for a person other than the contractor s representative at law.

2. Applications for contracting licenses shall be made in Vietnamese. Foreign establishment licenses or business registration certificates must be consularly legalized, unless treaties to which Vietnam and related countries are contracting parties provide the exemption of consular legalization. The documents and papers specified at Points b, c. e and f. Clause 1 of this Article in foreign languages must be translated into Vietnamese and the translations must be notarized or certified according to Vietnamese laws.

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

"Article 6. Time limits for granting contracting licenses and licensing fee

Competent state agencies specified in Articles 10 and 16 of this Regulation shall examine dossiers before granting contracting licenses to foreign contractors within 15 working days after receiving complete and valid dossiers under Article 5 of this Regulation. In case of refusal to grant licenses, they shall reply the contractors in writing, clearly stating the reasons."

5. To amend and supplement Point a, Clause 2, Article 7, as follows:

"To amend and supplement Point a. Clause 2, Article 7, as follows:

a/ To register the addresses, telephone and fax numbers, and e-mails of their executive offices and representatives for contract performance with related agencies according to regulations of the People s Committees of the provinces or centrally run cities which accommodate contracted projects. Contractors performing packages of construction planning, construction investment project formulation, construction survey or work construction designing may register the above-mentioned contents in localities other than those accommodating the contracted projects.

After registering the above-mentioned contents, contractors shall notify such information directly or by post to the Ministries of Construction; Public Security; Finance; and Industry and Trade; the State Bank of Vietnam and the People s Committees of the provinces and centrally-run cities in which construction works are located, according to the Ministry of Construction s guidance."

6. To annul Clauses 8 and 9, Article 2 of the Regulation.

7. To replace the phrase "Ministry of Trade" in the Regulation with the phrase "Ministry of Industry and Trade."

Article 2.Effect

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

2. The promulgation grounds of the Prime Minister s Decision No. 87/2004/QD-TTg of May 19, 2004, promulgating the Regulation on management of operations of foreign contractors in the construction domain in Vietnam, are replaced with the promulgation grounds of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People s Committees and related organizations and individuals shall implement this Decision.-