BUSINESS LAW IN VIETNAM

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Granting for Foreign Contracting Licences (FCL) in Vietnam

1. Subjects of application:
Applying 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.

2. Condititons for granting FCL
To be granted contracting licenses, foreign contractors must satisfy the following conditions and
requirements:

For bidding packages subject to compulsory application of the provisions of the Vietnamese
bidding legislation:
- Having won biddings or having been selected for contracting.
- Having signed contracts.

For bidding packages not subject to compulsory application of the provisions of the Vietnamese
bidding legislation:
- Having won biddings or having been selected for contracting.
- Having signed contracts.
- Having full capability suitable to contracted works according to Vietnamese law provisions.

In all cases of being contracted (as a result of winning bids or being selected as contractors),
foreign contractors shall have to enter into partnership with Vietnamese contractors or employ
Vietnamese subcontractors (except for cases permitted by the Prime Minister or provided for by
Vietnamese laws).
They must commit to fully observe the Vietnamese law provisions concerning contracting
activities in Vietnam.

3. Dossiers of application for contracting licenses
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).


BUSINESS LAW IN VIETNAM
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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.
Applications for contracting licenses shall be made in Vietnamese. Other foreign papers and
documents must be consularly legalized (except otherwise provided for by Vietnamese laws or
international agreements which Vietnam has signed or acceded to). Papers and documents in
foreign languages must be translated into Vietnamese and the translations must be notarized or
authenticated according to Vietnamese laws.

5. Competent Authority to issue the Contracting License
- The Ministry of Construction grant, withdraw the Contracting License in cases where foreign
contractors undertake bidding packages of group-A projects.
- The provincial/municipal Construction Services is authorized by Peoples Committee to grant
and withdraw contracting licenses in cases where foreign contractors undertake bidding packages
under group-B or group-C projects in their localities.


I f you would like further information on Granting contracting license to foreign contactor in Viet
Nam, please contact:
Ms. Nguyn Thanh Loan
Website: http://b-contract.com
Email: thanhloan.businesslaw@gmail.com
Phone: 0972514897