GILS Construction and Infrastructure: Tajikistan

TAJIKISTAN

1. What types of design and construction work require a licence in your country?

In Tajikistan, the following types of design and construction activities require licensing:

• Engineering and design work, essential for initiating any construction project;
• Construction of buildings and facilities, including those related to the energy sector;
• Expansion, reconstruction, repair, and restoration of existing structures.

The construction of private residential houses for personal use is exempt from licensing requirements.

2. Can legal entities registered in foreign countries obtain a licence for design or construction?

In Tajikistan, only entities registered within the country are eligible to obtain licenses for design or construction activities.

3. Which foreign licences and permits in the field of construction and design can be recognized in your country?

In Tajikistan, the current legal framework does not recognize foreign licenses and permits related to construction and design.

4. Is it necessary to register a legal entity in your country to carry out design or construction work?

Yes, as stated above, only entities registered within the country are eligible to obtain licenses for design or construction activities.

5. What requirements are imposed on construction contracts and design and survey contracts, including when one of the parties is a non-resident of your country?

As stated above, foreign entities are ineligible to provide services that require licensure, as only locally registered entities can obtain such licenses. Regarding construction and design and survey contracts, there are no statutory requirements dictating their provisions. Consequently, parties have flexibility in drafting these contracts.

6. In what cases should construction contracts and design and survey contracts be concluded following a special procurement procedure?

Construction contracts and design and survey contracts must adhere to a special procurement procedure when the project is funded by the state budget and the contracting party is a state entity. 

7. What are the features of hiring local and foreign personnel in the implementation of construction and design and survey activities?

To hire qualified foreign personnel for construction, design, and survey activities in Tajikistan, employers must first obtain a hiring license from the migration service. Additionally, the foreign personnel are required to secure several documents to establish their eligibility to work in Tajikistan.

8. Is it possible to use foreign standard construction contracts?

Yes, foreign standard construction contracts can be utilized, provided that their provisions align with the existing laws of Tajikistan. It is essential to ensure that any such contract adheres to local regulatory requirements and legal standards to avoid potential legal disputes.

9. Is it possible to use foreign law and foreign courts when concluding construction contracts and design and survey contracts?

Yes, parties may stipulate foreign law as the governing law for contracts involving construction, design, and surveying.

Authors: Kamoliddin Mukhamedov (Partner), Bahodur Nurov (Senior Associate)