To perform a construction project in Vietnam, a foreign contractor must obtain a construction license from local competent authorities. Then, it must establish a project management office (PMO). The PMO is responsible to report the foreign contractor’s activities to management authorities.
According to Circular No. 14/2016/TT-BXD, the foreign contractor will establish a PMO at the place where the project is conducted. Such contractor needs to register the name, phone number, fax number, e-mail address, seal, bank account and tax code of the PMO. For construction contracts regarding construction planning, construction investment project, construction survey or construction design, PMO should be placed at the same location with the project. For construction contracts regarding the construction and supervision of construction involving multiple provinces of Vietnam, PMO could be placed at where a part of the construction is located. After completing the registration procedures for PMO, the foreign contractor shall notice its PMO information to all management authorities.
This article will provide you 03 notes for the procedure of notice on changing PMO’s address based on our experience in same cases:
• Firstly, the contractor needs to notice the address change to the Ministry of Construction and the Department of Construction where the PMO established.
• Secondly, within 10 working days from the date of changing the address, the PMO must register tax information change to the management tax department.
If changing the address within the same province, the PMO needs to declare the amendment and supplement of registered taxation information along with documents supporting for the change (if any). The tax department shall update the new address on tax registration application system. The PMO will receive the tax registration certificate or tax identification number notification within 03 working days.
If moving address to another province, before that the PMO must complete all its tax obligation at the current tax department. In addition, the PMO must conduct the notice procedure at both the current tax agency and the tax agency where it will move to and the limit-time for resolving this procedure is 10 working days.
• Finally, the PMO needs to conduct procedure for changing the information written on invoices and seal in accordance with the law.
For invoices, the PMO needs to notice about the change of information recorded on invoices and then they can write/ seal the new address on current invoices. In case of change of the tax code and tax management authority, the PMO must conduct the notice procedure at both the current and new tax authorities. Of notes, the above procedure is applied for Vietnamese and foreign organizations and individual that participating in business activities. There is not a separate regulation a PMO, so the PMO should check directly with the competent tax authority.
In addition, if PMO’s seal carved the former address, the PMO must apply a dossier for re-registration of seal sample to the competent authority. Within 03 working days from the date of receiving the application, the seal sample registrar will return the seal sample re-registration result.