Công văn 438/BXD-XL

To: People’s Committees of provinces and central-affiliated cities (referred to as People’s Committees of provinces)

On 19 May 2004, Prime Minister issued the Decision No. 87/2004/QD-TTg on releasing the Regulation on the administration of foreign contractors’ construction activities in Vietnam.  Point a, section 2, Article 7 of the Decision regulates that every contractor must register an executive office for construction management with the authorities as defined by the People’s Committee of the province where the project is located, upon the issuance of the contractor license.

In order to perform transactions for the execution of a signed contract, a contractor is only required to register certain information with the authorities, as defined by the People's Committee of the province where the project is located, and have such registration confirmed by the said authorities.

The registration of an executive office, however, varies in different localities while contractors face formalities of obstructive complexity. In order to support contractors and unanimously administer the registration of executive offices on nation-wide scale, the Ministry of Construction provides the following guidelines:

1- People’s Committees are recommended to assign the Departments of Construction of provinces to receive and endorse the written Registration of executive offices to permit foreign contractors' undertaking of building contracts in all local project categories, to support such People's Committees' management of local construction activities.

2- Upon receiving the contractor license, a contractor must submit an application for executive office registration, via the form available in Appendix 1 hereof, and a certified true copy of the contractor license to the Department of Construction within the location of the project.

3- Upon receiving a contractor's application for registration, the Department of Construction, in 5 working days, is responsible for issuing the Letter of confirmation of the registration of the executive office to the contractor, via the form available in Appendix 2 hereof, without any charges.

4- Department of Construction, in the scope of its functions and missions, is responsible for supervising and inspecting every activity of a contractor according to the laws.

Ministry of Construction requests People’s Committees to command their Departments of Construction to facilitate foreign contractors' registration of executive offices according to the said guidelines.

APPENDIX 1

APPLICATION FOR THE REGISTRATION OF THE EXECUTIVE OFFICE

No. …

.........Date …

To: Director of Department of Construction of …

I (full name) am:                                               Position:

Representing:

Registered address in the original nation:

We are licensed by Ministry of Construction (Department of Construction of ...) Contractor License No. … dated … to undertake the main contract (sub-contract) for … in the project … at …

Address of Executive office:

Telephone:                                                      Fax:

We request the Department of Construction to issue a Certificate of the registration of the executive office to allow our consummation of contract-related transactions.

Our executive office undertakes to abide by every regulation of the laws of Vietnam.

APPENDIX 2

CERTIFICATE OF

REGISTRATION OF EXECUTIVE OFFICE

Pursuant to the application n^o … dated … by ... on the registration of the executive office in the province (city) of ... Department of Construction confirms:

1- Contractor’s name:

2- Main address:

3- Contract (work, project):

4- Contractor license n^o .... dated ...

Issuing place: …

5- Address of the executive office

Telephone:                                                      Fax:

6- Representative of the executive office:

The executive office’s activities must conform to relevant regulations of the laws of Vietnam.