Obtainment of construction operating license to foreign contractors Service

Obtainment of construction operating license to foreign contractors Service

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This is reference to your requirement, from which, we understand that currently you (hereinafter referred to as “Client) is looking for a professional law firm to support the Obtainment of construction operating license to foreign contractors. Therefore, we are grateful to set our legal services proposal for your review and consideration as follows:

  1. Scope of works and performance time:

1.1. Scope of works:

Our scope of work shall be as follows:

Description of work
Preparation of the application documents:

·                 Notifying required application documents as prescribed ;

·                 Drafting application documents required for submission purpose;

·                 Liaising with Client to discuss the draft application documents;

·                 Amending the application documents based on Client’s comments;

·                 Obtaining preliminary comments from the licensing authority on the draft application documents;

·                 Finalizing the application documents following comments from the licensing authority;

Licensing procedures:

·                 Submitting the application dossier to the licensing authority on Client’s behalf;

·                 Monitoring and following up with the relevant authorities on the approval process;

·                 Keeping Client updated on the developments and additional requirements, if any; and

·                 Receiving result from the competent authority and hand over to Client.

1.2. Performance time:

– Preparing the application dossier: We shall collect necessary information and documents from you. Upon receipt of necessary information and documents from you, we shall prepare the application dossier under the standard forms. The initial drafted application dossier shall be sent to you for your comments. Then, after updating the application dossier based on your comments, we shall obtain the preliminary comments from the competent authority and send the finalized application dossiers for you to sign and seal. We anticipate that this phase shall be completed within 05 working days.

  • Licensing Procedure:

Step 1. Obtainment of construction operating license for foreign contractors: Upon receipt of duly application dossier, we shall submit the application dossier to relevant competent authority. After 20 – 25 working days from submission of application dossiers to Licensing Agency, Client shall obtain the Construction operating license for foreign contractors.

Step 2. Establishment of executive office of the project: After the obtainment of the Construction operating license for foreign contractors, we shall proceed to carry out the procedure for establishing executive office and register information of the Office in the competent agency. The estimated time to complete this task is 03 working days.

Step 3. To register use of seal of the Executive office: After establishing the operating office, we will proceed to register the use of the seal at the Police Department of the province or city where the construction work is located. Time to complete this step is expected to be 03 working days.

Step 4. To register tax code: Within 03 workings days after the obtainmnent of the seal registration certificate, if Clients requests, we shall proceed to carry out the procedure for registering tax code in Provincial/city Tax Department where the project is executed.

For avoidance of any doubt, in practice, the administrative procedure can be longer due to that the competent authority must consult relevant ministries before granting license. In such case, SB Law shall try our best to accelerate the progress in order to obtain the approval at the soonest.

  1. Service fees and payment

2.1. Service fees

Service fees for SB Law to undertake the tasks mentioned in Section 1.1 is as follows:

  • The service fee for Step 1 is: 2,000 USD (In words: Two thousand dollars)
  • The service fee for Step 2 is: 500 USD (In words: Five hundred dollars)
  • The service fee for Step 3 is: 1,000 USD (In words: One thousand dollars)
  • The service fee for Step 4 is: 500 USD (In words: Five hundred dollars)

Total fee for SB Law to undertake all steps above is: 4,000 USD (In words: Four thousands dollars)

The aforesaid service fee is inclusive of state fees but exclusive of 10% VAT

2.2. Payment

Service fees shall be paid to SB Law as follows:

– Within 03 (three) working days from the signing date of Legal Service Contract between Client and SB Law, Client shall pay SB Law an advance payment which is equivalent to 60% of the professional fee, VAT.

– Within 05 (five) working days from the date of SB Law’s completion of work scope, Client shall pay SB Law the remaining 40% of the professional fee, VAT.

– Client will immediately notify SB Law of when actual payment(s) will be made on the amount specified in the invoice(s). SB Law will start working only upon receipt of payment of the respective invoice(s). Alternatively, SB Law reserves the right to withdraw the service if payment is not received 10 days after the date of the invoice. Further, in the event payments are not received by the payable date, SB Law reserves the right to suspend services and/or levy and collect a late payment fee of 0.5% per month up to the date of receipt of payment by SB Law.