Adjusting a Foreign Contractor Construction Permit

Adjusting a foreign contractor construction permit is an essential procedure when there are changes to the content of an issued license. This adjustment ensures the contractor’s operations in Vietnam remain legal and compliant with current regulations. This analysis from Long Phan Consulting Company details the procedure for adjusting a foreign contractor construction permit according to the latest legal framework.

Conditions for the Adjustment of a Foreign Contractor Construction Permit

Based on Subsection 16.5, Section B, Part II of the Administrative Procedures amended and supplemented in the construction sector, issued with Decision No. 864/QD-BXD on June 19, 2025, a foreign contractor may proceed with the adjustment procedure upon meeting three concurrent conditions:

• The entity is an organization established under foreign law or an individual with foreign nationality.
• The entity has been granted a construction operation permit in Vietnam by a competent authority.
• There is a change in the contractor’s name or address, a change in the members of a joint venture or subcontractors, or other details recorded in the issued construction operation permit.

Competent Authority for Permit Adjustment

The authority to resolve the procedure for adjusting a foreign contractor construction permit is specified in Subsection 16.6, Section B, Part II of Decision No. 864/QD-BXD. The competent agency varies depending on the scope of the construction activities:

• The provincial Department of Construction issues the adjusted construction operation permit for a foreign contractor operating within the administrative territory of that province.
• If a foreign contractor operates in two or more provinces, the competent authority is the Department of Construction in the locality where the contractor plans to establish its executive office.

Required Application Dossier

Pursuant to Subsection 16.3, Section B, Part II of Decision No. 864/QD-BXD, clients requesting the adjustment of a foreign contractor construction permit must prepare one complete dossier set, including the following documents:

• An application for the adjustment of the construction operation permit, using Form No. 08 in Appendix III of Decree No. 175/2024/ND-CP.
• Documents providing evidence for the proposed adjustments.
• All documents must be translated into Vietnamese and authenticated or notarized as required by Vietnamese law.

Procedure for Adjusting a Foreign Contractor Construction Permit

As stipulated in Subsection 16.1, Section B, Part II of Decision No. 864/QD-BXD, the process for adjusting a foreign contractor construction permit includes the following steps:

• Step 1: The foreign contractor submits one complete application dossier to the Provincial Public Administration Service Center.
• Step 2: The Department of Construction issues the decision to adjust the construction operation permit within 10 days of receiving a valid and complete dossier.

>>> See more at: Foreign Contractor Construction License in Vietnam

Consulting Services by Long Phan Consulting Company

Long Phan Consulting Company delivers expert services to support clients through the process of adjusting a foreign contractor construction permit, ensuring efficiency and legal compliance. Our professional support encompasses three key areas:

• Comprehensive Dossier Preparation:
  • We provide detailed consultation on the legal conditions and procedural requirements for the permit adjustment.
  • Our team accurately prepares all necessary application forms and supporting documents based on the information you provide.
  • We manage the translation, notarization, and consular legalization of foreign documents to guarantee their legal validity in Vietnam.
• Official Representation and Follow-up:
  • We act as your authorized representative to submit the completed dossier to the competent state authority.
  • Our experts diligently monitor the processing of your application, providing you with consistent progress reports.
  • We liaise directly with government agencies to provide clarification or supplement information as requested.
• Result Acquisition and Handover:
  • We receive the adjusted construction operation permit on your behalf upon its issuance.
  • Our team ensures the secure and prompt delivery of the final legal documents to you.
  • We offer continued support for any post-licensing matters that may arise.

Frequently Asked Topics About Permit Adjustment

Below are common topics related to adjusting a foreign contractor construction permit.

Fees for Adjusting a Foreign Contractor Construction Permit

Yes, a fee is required. The fee for the procedure is implemented according to Circular No. 38/2022/TT-BTC, issued on June 24, 2022, by the Minister of Finance.

Submission Methods for the Application Dossier

As per Subsection 16.2, Section B, Part II of Decision No. 864/QD-BXD, the application dossier can be submitted directly, via postal service, or online through the National Public Service Portal.

Legal Conditions for the Adjustment Procedure

According to Subsection 16.10, Section B, Part II of Decision No. 864/QD-BXD, the law does not stipulate specific prerequisite conditions for carrying out the procedure for adjusting a foreign contractor construction permit.

Cases of Permit Expiration

Pursuant to Clause 3, Article 117 of Decree 175/2024/ND-CP, a construction operation permit expires in the following cases:

• The construction contract has been completed and liquidated.
• The contract is no longer valid because the foreign contractor is suspended, dissolved, bankrupt, or for other reasons stipulated by Vietnamese law and the laws of the contractor’s home country.

Conclusion

The procedure for adjusting a foreign contractor construction permit requires deep legal knowledge and practical experience. Strict adherence to dossier requirements and procedural steps ensures that a contractor’s operations in Vietnam remain uninterrupted and fully compliant. For professional and effective assistance, please contact Long Phan Consulting Company at hotline 1900636389.