Procedures for Obtaining a Construction Operation License for Foreign Contractors

On May 13, 2026, the Minister of Construction issued Decision No. 708/QD-BXD announcing the amended and supplemented administrative procedures in the field of construction activities under the management of the Ministry of Construction.

Procedures for Obtaining a Construction Operation License for Foreign Contractors (Effective from May 13, 2026)

Accordingly, the procedures for obtaining a Construction Operation License for foreign contractors have been amended and supplemented as follows:

1. Application Procedures

- Foreign contractors shall submit one (01) application dossier for a Construction Operation License directly, via postal service, or online to the Provincial Public Administration Service Center.

- Within 06 working days from the date of receipt of a complete and valid dossier, the Department of Construction shall review the application and issue the Construction Operation License using Form No. 05 (for organizations) or Form No. 06 (for individuals) as provided in Appendix III to Decree No. 175/2024/ND-CP. Where the application is rejected, the Department of Construction must provide the contractor with a written notification clearly stating the reasons.

Method of Submission:

Applications may be submitted:

• Directly;
• Online; or
• Via the public postal service.

2. Application Dossier

The application dossier consists of the following documents:

• An application for a Construction Operation License in Vietnamese, using Form No. 01 (for organizations) or Form No. 04 (for individuals) in Appendix III to Decree No. 175/2024/ND-CP.
• A certified copy or a certified electronic copy of the bidding result or the lawful contractor selection decision. If the document is in a foreign language, it must be translated into Vietnamese and notarized or certified in accordance with Vietnamese law.
• A certified copy or certified electronic copy of the establishment license or enterprise registration certificate of the foreign organization. These documents must be consularly legalized, unless exempt under an international treaty to which Vietnam and the relevant country are parties. Professional practice certificates (if any) issued by the country of the foreign contractor's nationality must also be translated into Vietnamese and notarized or certified in accordance with Vietnamese law.
• A report on the contractor's experience relevant to the contracted works, prepared using Form No. 02 in Appendix III to Decree No. 175/2024/ND-CP, together with a certified copy or certified electronic copy of the audited financial statements for the most recent three (03) years (applicable where the contractor is not selected under the law on bidding). Contractors established for less than three years shall submit audited financial statements corresponding to their actual years of operation.
• A certified copy or certified electronic copy of the joint venture agreement with a Vietnamese contractor, or an official contract or memorandum of understanding with a Vietnamese subcontractor for the performance of the contracted works (where such document formed part of the bidding dossier or proposal). Documents in foreign languages must be translated into Vietnamese and notarized or certified in accordance with Vietnamese law.
• A lawful power of attorney where the applicant is not the legal representative of the foreign contractor. If issued in a foreign language, the document must be translated into Vietnamese and notarized or certified in accordance with Vietnamese law.

3. Number of Application Dossiers

One (01) dossier.

4. Processing Time

Six (06) working days from the date of receipt of a complete and valid application dossier.

5. Eligible Applicants

Foreign organizations established under foreign law or foreign individuals that have been selected, entered into, and are performing construction contracts in Vietnam (collectively referred to as foreign contractors).

A foreign contractor may act as:

• A general contractor;
• A joint venture contractor;
• A main contractor; or
• A subcontractor.

6. Competent Authority

- The Department of Construction shall issue Construction Operation Licenses to foreign contractors carrying out construction activities within the administrative boundaries of the relevant province.

- Where a foreign contractor performs construction activities in two or more provinces, the competent authority shall be the Department of Construction of the locality where the foreign contractor intends to establish its project management office.

7. Result of the Administrative Procedure

- A Decision granting a Construction Operation License to a foreign contractor in accordance with Form No. 05, Appendix III to Decree No. 175/2024/ND-CP; or

- A Decision granting a Construction Operation License to a foreign individual in accordance with Form No. 06, Appendix III to Decree No. 175/2024/ND-CP.

8. Fees

Fees shall be collected in accordance with Circular No. 156/2025/TT-BTC dated December 31, 2025 of the Minister of Finance, amending and supplementing a number of provisions of Circular No. 199/2016/TT-BTC dated November 8, 2016 and Circular No. 38/2022/TT-BTC dated June 24, 2022, which prescribe the collection, payment, management, and fee rates for the issuance of Construction Operation Licenses and Architect Practicing Certificates.

As Vietnam continues to attract significant foreign investment, international contractors are increasingly participating in construction projects across the country. However, before carrying out any construction activities in Vietnam, foreign contractors are generally required to obtain a Construction Operation License in accordance with Vietnamese laws and regulations. The licensing process involves strict legal requirements, comprehensive documentation, and close coordination with competent authorities, making professional legal assistance essential.

Khanh An Business Law LLC provides a comprehensive Construction Operation License for Foreign Contractors in Vietnam service, helping international construction companies complete the licensing process efficiently and in full compliance with Vietnamese law. Our experienced legal team supports clients at every stage, from assessing eligibility and preparing application documents to liaising with government authorities and obtaining the required license. With our in-depth legal expertise and practical experience, we are committed to delivering reliable, timely, and cost-effective solutions that enable foreign contractors to commence their projects in Vietnam with confidence and legal certainty.

Contact Information

KHANH AN BUSINESS LAW LLC

Hotline: (+84) 24 6688 5821 / (+84) 976 529 499

Address: 88 To Vinh Dien, Khuong Dinh, Hanoi, Vietnam

Website: khanhanlaw.com

Email: info@khanhanlaw.net