According to Article 5 of the said Regulation, in cases where foreign contractors being organizations undertake bidding packages of group-A projects, they must send their dossiers to the Ministry of Construction; for bidding packages of group-B or -C projects, they must send their dossiers to provincial/municipal Construction Services. A dossier of application for contracting license comprises:
- An application for contracting license.
- A copy of the document on the bidding result or the decision on selection of the contractor or the lawful contract.
- Copies of the establishment license and the company’s charter (or the business registration certificate, for organizations; the consultancy practice license, for individuals) and the practice certificate granted by the country of which the foreign contractor bears the nationality.
- The report on operation experiences related to the contracted works and the financial audit report for the latest 3 years (for bidding packages not subject to the application of Vietnam’s law provisions on bidding).
- The partnership contract with a Vietnamese contractor or the written commitment to employ Vietnamese subcontractors to perform the contracted works (already included in the bids or tender dossier).
- The lawful authorization letter, for persons other than the contractor’s representative at law.
Applications for contracting licenses must be made in Vietnamese. Other foreign papers and documents must be consularly legalized. Papers and documents in foreign languages must be translated into Vietnamese and the translations must be notarized or authenticated according to Vietnamese laws.
The duration for consideration of dossiers to grant contracting licenses to foreign contractors is 20 working days as from the date of receipt of the complete and valid dossiers.