In the context of Vietnam’s rapidly expanding real estate, construction, and project development sectors, legal regulations have become increasingly detailed and stringent. Consequently, seeking legal consultation on construction and project development has become an essential trend to safeguard legitimate rights, minimize risks, and enhance the effectiveness of project implementation.

I. Current demand for legal consultation on construction and project development

With the growth of urbanization and infrastructure development, projects of all scales from small to large require strict compliance with legal procedures. Many enterprises face challenges in handling legal documents, obtaining permits, clearing land, and fulfilling financial obligations.

Failure to comply properly may result in project suspension or severe administrative sanctions. Therefore, engaging a professional legal consulting firm from the early preparation stage is a strategic move to ensure lawful, efficient, and sustainable project execution.

II. Legal provisions governing consultation on construction and project development

1. What is legal consultation on construction and project development?

Legal consultation on construction and project development refers to professional legal assistance that provides information, analysis, legal interpretation, advice, and recommendations to investors, contractors, or other stakeholders throughout the formation, implementation, and completion of a construction or development project.

Proper and timely legal advice helps enterprises proactively handle all legal issues, avoid potential risks, and prevent disputes arising during investment and construction.

2. The role of legal consultation on construction and project development

Legal consultation plays an indispensable role in construction and project development activities, especially for high-value or long-term projects. The major functions of lawyers and consulting firms include:

  • Conducting legal due diligence to ensure the project complies with all procedural and substantive legal requirements;
  • Advising and assisting in completing investment, construction, environmental, and land-related procedures lawfully and on schedule;
  • Reviewing and drafting contracts with contractors and partners clearly and comprehensively to best protect clients’ interests;
  • Minimizing legal risks during the construction, operation, and exploitation stages.

Having legal experts involved from the beginning helps enterprises save time, reduce costs, and improve project performance and compliance.

3. Responsibilities of parties involved in consultation on construction and project development

For lawyers and law-practicing organizations:

When providing consultation, lawyers must comply with the professional principles set out in Article 5 of the Law on Lawyers (2006), as amended in 2012, including:

  • Compliance with the Constitution and the law;
  • Adherence to the Code of Ethics and Professional Conduct for Vietnamese Lawyers (promulgated under Decision No. 201/QĐ-HĐLSTQ dated December 13, 2019, by the National Bar Council);
  • Independence, honesty, and respect for objective truth;
  • Use of lawful measures to best protect clients’ legitimate rights and interests;
  • Accountability before the law for professional practice.

For consulting contractors involved in project formulation and management:

Under Clause 2, Article 70 of the Law on Construction (2014), consulting contractors have the following obligations:

  • Executing contractual obligations in accordance with their licensed professional capacity;
  • Being responsible for the quality of work performed under the contract;
  • Compensating for damages caused by the use of inaccurate information, documents, standards, or technical solutions that result in loss to the investor;
  • Fulfilling other obligations stipulated in the contract and relevant laws.

For organizations and individuals providing consulting services in Vietnam:

Pursuant to Article 7 of Decree No. 87/2002/NĐ-CP, consulting activities must adhere to the following principles:

  • Complying with the law;
  • Being accountability for all professional activities;
  • Adhering professional ethics;  
  • Ensuring independence, honesty, objectivity, and scientific integrity;
  • Maintaining confidentiality of client information, unless consented to by the client or otherwise required by law.

For clients using consulting services:

According to Article 12 of Decree No. 87/2002/NĐ-CP, clients are obligated to:

  • Provide truthful and necessary information and documents for consulting purposes;
  • Fully pay consulting fees as agreed in the service contract;
  • Fulfill other obligations as prescribed by law.

III. Questions on legal consultation in construction and project development

1. What dispute resolution methods are permitted by law?

In case of disputes between investors and consulting firms, the following dispute resolution methods are available: 

  • Negotiation and mediation: Parties may directly discuss or involve a neutral intermediary to reach a mutually acceptable solution;
  • Commercial arbitration: If an arbitration clause exists, disputes may be referred to a competent commercial arbitral center under the Law on Commercial Arbitration 2010;
  • Court litigation: Parties may initiate proceedings at the People’s Court to protect their lawful rights and interests under the Civil Procedure Code 2015, as amended in 2025.

2. How much does legal consultation on construction and project development typically cost?

The cost of engaging a lawyer or legal expert varies depending on project scale, complexity, and the client’s specific requirements. For small and medium-sized projects, fees may range from several tens to several hundreds of millions of VND.

For large-scale or long-term projects requiring specialized legal support, fees may be higher. To obtain an accurate quotation, clients should contact the consulting firms directly and provide detailed project information and consultation needs.

3. What criteria should enterprises use to select consulting partners? 

When selecting a legal consulting firm for construction and project development, enterprises should consider the following criteria:

  • Possession of all legally valid operating licenses/certificates;
  • Proven experience in handling similar or large-scale projects;
  • A team of highly qualified lawyers, engineers, and experts specialized in investment and construction law;
  • Positive client feedback and transparent reputation in the market.

By carefully assessing these factors, enterprises can identify a reliable legal partner who will contribute significantly to project success.

4. What administrative sanctions apply to consulting firms that commit violations?

According to Article 23 of Decree No. 16/2022/NĐ-CP on administrative sanctions in construction activities, violations concerning project management are sanctioned as follows:

  • If a consulting contractor or project management unit acts as the investor, they may be administratively penalized for any violations specified from Articles 7 to 22 of this Decree, depending on the scope of their assigned duties.
  • Accordingly, sanctions include warnings and monetary fines. The violating consulting entity must also take corrective measures, such as supplementing or completing project documents as required by law. 
  • For lawyers or law-practicing organizations, violations in legal consulting activities may be subject to administrative fines of up to 10,000,000 VND under Article 10 of Decree No. 82/2020/NĐ-CP. In addition, under Clause 5, Article 40 of the Law on Lawyers (2006, as amended 2012), the law-practicing organization is liable for damages caused by its lawyers’ professional misconduct.

Thus, depending on the nature and severity of the violation, consulting entities may be sanctioned accordingly.

5. What are the risks of failing to follow proper consultation procedures?

Failure to perform proper consultation or neglecting professional legal advice during project development may lead to numerous legal risks, such as:

  • Lack of required permits or use of invalid permits, leading to project suspension or revocation;
  • Incomplete legal documents preventing project implementation or fundraising;
  • Delays in project progress, causing financial losses to investors and stakeholders;
  • Contractual or regulatory disputes with contractors and authorities;
  • Administrative sanctions and reputational damage resulting in significant financial loss.

Therefore, investing in legal consultation is not merely a precautionary measure but a fundamental guarantee of legal compliance and project success.

IV. Legal consulting services on construction and project development

The above article by NGOC PHU LAW COMPANY LIMITED (NPLaw) provides an overview of legal consultation on construction and project development. With a team of experienced lawyers and legal professionals, NPLaw delivers reputable and professional legal services that ensure the optimal protection of clients’ lawful rights and interests.