Contract and project
Identify the awarded package, site, scope, contract term and investor.
Foreign contractor operating office in Vietnam
Set up the project-linked operating office of a foreign construction contractor after checking the construction activity permit and contract-specific obligations.
START WITH THE RIGHT ROUTE
An office linked to a construction contract
A foreign construction contractor’s operating office supports the performance of a specific Vietnam contract or package. It is not the same as a foreign-trader representative office, a branch or a permanent foreign-invested company. The construction activity permit and the office are separate compliance steps.
The contract, project location, scope, execution period and construction permit determine the appropriate route. Multiple projects or provinces need a joined-up review rather than one generic office address.
KEY DECISIONS
Four information groups to clarify
Contractor status
Check overseas legal records and the construction activity permit.
Office location
Align the office address with the project, permit and any multi-province rule.
People and operations
Identify the representative, foreign staff, tax and close-out responsibilities.
PRACTICAL GUIDANCE
When and where to establish the office
Under the current construction framework, a foreign contractor holding the required construction activity permit generally establishes an operating office at the project location and registers the specified address and operational details. Rules can accommodate particular consultancy contracts or works crossing provincial boundaries; assess those exceptions against the precise contract before deciding that no office is needed.
The office normally exists for the contract term. Plan its termination and related tax, seal, account and employment close-out when the contract ends.
PRACTICAL GUIDANCE
Information and documents to prepare
Start with the signed construction contract or award, the construction activity permit, project and investor details, the contractor’s foreign legal records, the proposed office address, authorised representative and staff plan. Check how foreign documents will be certified, translated and used in Vietnam.
The office records must match the permit and contract. Inconsistency in scope, duration or project address can affect subsequent tax and personnel steps.
HOW WE WORK
Implementation support
Duong Tri Law reviews the contract and licence position, identifies the proper office location and any exception, prepares the relevant notifications and registrations, tracks responses and coordinates the operating checklist. Work permits or exemptions, visas, tax, subcontracting and contract changes are assessed as separate workstreams where needed.
A CLEAR SEQUENCE
From initial review to the next decision
- Review the contract and permitRead the construction contract and identify the site and permit status.
- Confirm the office locationAssess the office location and any consultancy or multi-province exception.
- Prepare project and personnel recordsPrepare contractor, representative, site and personnel records.
- Register and close out correctlyRegister the office, coordinate operation and plan closure at contract completion.
PRACTICAL GUIDANCE
Timing and cost
The timetable depends on when the construction permit and contract records are available, how many locations are involved and whether foreign documents need formalities. We set out legal fees, official charges and outside costs after the initial review. An operating office filing does not cure a missing construction activity permit.
BEFORE YOU FILE
Construction permit and office: two distinct steps
The construction activity permit establishes the contractor’s permission for the relevant works. The operating office supports performance of the licensed project or contract. Registering an office does not replace a missing construction permit.
Construction activity permit
Assess the awarded work, permit conditions and scope.
Operating office
Record the project-linked address, responsible person and operational details.
BEFORE YOU FILE
Exceptions, location and office term
Some consultancy contracts have different office arrangements, and works across more than one province require a location analysis. The office ordinarily runs only for the contract period and should be closed out when the contract ends.
Consultancy work
Check whether the specific planning, design or survey exception applies.
Several provinces
Match the location rule to the permit and actual project geography.
Contract completion
Plan tax, seal, account, staff and authority notifications.
BEFORE YOU FILE
Project operations beyond registration
Foreign personnel, subcontracting, construction compliance and taxation are separate but connected workstreams. We identify which of these belongs in the agreed engagement for the actual project.
INITIAL REVIEW
What to send for the first review
These copies help us identify the route and a realistic scope. We will specify originals, authentication and translations after checking the case.
- Construction contract or award, project site and planned start and completion dates.
- Construction activity permit or the current permit application and the authority that issued it.
- Contractor's foreign registration and appointment of the person responsible in Vietnam.
- Number of project locations, subcontractors and foreign personnel expected on site.
Questions before you proceed
Can we open the office before obtaining the construction activity permit?
The permit and office sequence should be checked first; an office filing cannot substitute for the required permit.
Do consultancy contractors always need a separate office?
Some consultancy contracts are treated differently. The contract type and statutory exception must be verified.
What happens when the contract ends?
The office is project-linked. Close-out steps for registrations, staff, tax and other obligations need to be planned.
When should the office be considered?
Review it as soon as the construction contract and activity-permit route are clear, so premises and personnel steps do not lag behind project mobilisation.
Do foreign staff need separate procedures?
Potentially. The operating office does not itself replace work-authorisation or immigration requirements.
How are service time and cost estimated?
They depend on permit status, number of sites, foreign records and connected work such as personnel or tax setup.
LEGAL FRAMEWORK
Legal and procedure references
The requirements, authority and current procedure must be checked for the facts and filing date of each case.
NEXT STEP
Discuss the facts before choosing a filing route
Send the current documents, proposed change and timing. We will identify the initial questions and agree the scope of work.