Decision 03/2012/qd-Ttg Dated: About The Amendments And Supplements To Some Articles Of The Statute To Manage The Operations Of Foreign Contractors In The Field To Build In Vietnam Issued The Attached Decision.

Original Language Title: Quyết định 03/2012/QĐ-TTg: Về việc sửa đổi, bổ sung một số điều của quy chế quản lý hoạt động của nhà thầu nước ngoài trong lĩnh vực xây dựng tại Việt Nam ban hành kèm theo Quyết định số...

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Numbers: 03 /2012/QĐ-TTg
Hanoi, January 16, 2012


As for the amendment, adding some of the provisions of the operating management process of foreign contractors.

in the field of construction in Vietnam issued by Decision No. 87 /2004/QĐ-TTg



Government Law Base December 25, 2001;

Construction of the Law Building on November 26, 2003;

The amended Law Base, which complements several of the provisions of the Law Related to Investment Building Investment on June 19, 2009;

At the suggestion of the Minister of Construction,


What? 1. The amendment, which adds some of the "Statements of the Operations Management of Foreign contractors in the field of construction in Vietnam" issued with Decision No. 1 Decision. 87 /2004/QĐ-TTg May 19, 2004 by the Prime Minister as follows:

1. Renamed "The Rules of Operations Management of Foreign contractors in the Field of Construction in Vietnam" issued with Decision No. 1. 87 /2004/QĐ-TTg May 19, 2004 by the Prime Minister of the Government of the Government of the Government of the State of the Republic of Vietnam.

2. Modified, add Article 1 as follows:

" Article 1. Subject and scope applicable

The statute applies to foreign contractors operating in Vietnam in areas of construction planning, construction of construction projects, construction surveys, construction design, construction construction, construction construction, construction construction, construction and construction projects. building, construction project management project, contractor selection in construction activities, supplies supplies-technology equipment attached to the engineering services associated with construction work.

In the case of the International Treaty that the Socialist Republic of Vietnam is another regulated member with regulation at this Statue, it applies under that International Convention. "

3. Modified, add Article 5 as follows:

" Article 5. The filing of a bid for the tender.

1. To be considered issuing bids in Vietnam, foreign contractors must submit directly or through the postal route 1 sets of files to the regulatory licenses authority at Article 10 and Article 16 of this Regulation.

The profile recommends granting a bid of:

a) The application to grant the tender license (in a form provided by the Ministry of Construction).

b) The copy of the text endorsement of the result of the bid or the decision to choose the bid or contract for the legal tender.

c) A copy of the Establishment Permit (or a Business Registration Certificate for the organization, the license for the individual) and the certificate of practice (if any) of the country, where the foreign contractor carries the nationality.

d) The operational experience report is related to the receiving job and report of the total financial audits in the last 3 years (for the specified case at paragraph 2 Article 4 of this Regulation).

The contract is affiliated with the Vietnamese contractor or the pledge to use the Vietnamese subcontractor to perform the bid (already in bids or bids).

e) The legal authorship for the non-representative of the contractor's law.

2. The application to grant the tender licenses must be made in Vietnamese. Established permits or foreign business registration certificates must be legally legalised, except for the case of international treaties that Vietnam and the relevant countries are members of a regulatory exemption for the legal exemption. Papers, documents stipulated at point b, c, e, e paragraph 1 This, if foreign language must be translated into Vietnamese and the translation must be certified, corroborated by the law of the Vietnamese law. "

4. Modified, add 1 Article 6 as follows:

" Article 6. The deadline for the bid for the bid and the tender license fee

1. The state authority has jurisdiction under regulation at Article 10 and Article 16 of this Statenet review of the filing to issue a bid for the foreign contractor for a 15-day period of work, since the date of receiving sufficient records under the provisions at Article 5 of this Regulation. The case is not granted, the authorities have the authority to issue a bid to respond in writing to the contractor and specify the reason. "

5. Modified, add a paragraph 2 Article 7 as follows:

" Article a paragraph 2 Article 7 is modified, added as follows:

a) Address the address, telephone number, fax, e-mail of the Executive Office and the agent performing the contract at the relevant authorities on the regulations of the Provincial People ' s Committee where the project is receiving a bid. For the contractor to implement construction planning packages, construction of construction investment projects, construction surveys, construction design design can register on other local sites that are not the site of a bid.

After the implementation of the registration of the above content, the contractor announced these information directly or via post-mail to the Ministry of Construction, Ministry of Public Security, Ministry of Finance, Ministry of Commerce, State Bank of Vietnam, the Provincial People ' s Committee, the city online. It's the Central Committee where construction works, according to the Ministry of Construction. "

6. Repel 8, paragraph 9 Article 2 of Regulation

7. The phrase "Commerce Department" of the Regulation is changed to the phrase "Ministry of Commerce."

What? 2. Effect of execution

1. This decision has been in effect since March 1, 2012.

2. The bases to issue number Decision 87 /2004/QĐ-TTg The Prime Minister's March 19, 2004, on 19 May 2004, on the issue of the Regulation Management Regulation of foreign contractors in the field of construction in Vietnam " are replaced by the bases at this Decision.

3. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this decision.

Prime Minister


Dao Dung