Common Legal Mistakes Logistics Businesses Make in Vietnam

31/12/2025

Table of Contents

Logistics is one of the fastest-growing sectors in Vietnam, driven by manufacturing expansion, e-commerce growth, and cross-border trade. However, logistics companies also operate in a highly regulated and enforcement-sensitive environment, where legal mistakes are easy to make and costly to fix.

Many logistics businesses believe they are compliant because they hold the necessary licenses or have operated for years without major issues. In reality, most legal problems in the logistics sector do not arise from missing licenses, but from operational and compliance gaps that are often overlooked.

This article explains where logistics businesses most commonly make legal mistakes, why these issues keep recurring, and how ongoing legal consultancy helps logistics companies operate safely and sustainably in Vietnam.

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Confusing Business Scope with Actual Operations

One of the most frequent legal mistakes in the logistics sector is operating beyond the registered business scope.

Logistics companies often:

  • Add services gradually (warehousing, customs brokerage, last-mile delivery)

  • Assume related services are automatically permitted

  • Fail to update enterprise registration or licenses

Authorities assess compliance based on actual activities, not business intentions. Even small deviations from registered scope can lead to administrative penalties during inspections.

Misunderstanding Conditional Business Requirements

Logistics is a conditional business sector in Vietnam. Holding a logistics license does not eliminate ongoing compliance obligations.

Common mistakes include:

  • Failing to maintain required conditions after licensing

  • Not updating licenses when operational scale changes

  • Overlooking sub-licensing requirements for specific services

Many penalties arise because companies stop monitoring license conditions after approval, assuming compliance is permanent.

Weak or Inconsistent Contracts with Clients and Partners

Contracts are the backbone of logistics operations, yet they are often treated as standard paperwork.

Logistics businesses frequently rely on:

  • Generic contract templates

  • Foreign templates not adapted to Vietnamese law

  • Client-drafted terms with unbalanced risk allocation

Common contract issues include:

  • Unclear liability limits

  • Weak force majeure clauses

  • Inadequate claims and compensation mechanisms

  • Inconsistent dispute resolution provisions

When cargo loss, delays, or damage occur, these contractual weaknesses become major financial risks.

Improper Allocation of Liability and Risk

Logistics involves multiple parties—shippers, carriers, warehouses, customs agents, and subcontractors. Without careful legal structuring, liability can easily fall on the logistics provider.

Many companies fail to:

  • Clearly limit liability in contracts

  • Align liability clauses with insurance coverage

  • Coordinate responsibilities across subcontractors

As a result, logistics businesses may bear losses that could have been legally avoided.

Labor Compliance Gaps in Operations and Warehousing

Labor law compliance is a major risk area for logistics companies, especially those operating warehouses, fleets, or shifts.

Common mistakes include:

  • Improper overtime arrangements

  • Missing written employee consent for overtime

  • Inconsistent working hour records

  • Improper termination procedures

These issues are frequently discovered during labor inspections and can result in fines or labor disputes—even when employment contracts exist.

Overlooking Compliance in Subcontracting and Outsourcing

Logistics companies often rely heavily on subcontractors for transportation, warehousing, or last-mile delivery.

Legal risks arise when companies:

  • Do not clearly define subcontracting responsibilities

  • Fail to include compliance obligations in subcontractor contracts

  • Assume subcontractor violations will not affect them

In practice, authorities and clients often hold the main logistics provider responsible for subcontractor non-compliance.

Inadequate Handling of Customs and Cross-Border Compliance

For logistics companies involved in import-export activities, customs compliance is critical.

Common legal mistakes include:

  • Improper authorization when acting on behalf of clients

  • Ambiguous responsibility for customs declarations

  • Failure to document client instructions clearly

These issues can lead to penalties, disputes with clients, or increased scrutiny from customs authorities.

Poor Documentation and Record-Keeping

Logistics operations generate a high volume of documents—transport records, delivery confirmations, warehouse logs, invoices, and contracts.

Many businesses:

  • Store documents inconsistently

  • Fail to align operational records with legal requirements

  • Cannot produce complete documentation during inspections

In inspections and disputes, lack of documentation is often treated as non-compliance, regardless of actual performance.

Treating Compliance as an Administrative Task

In many logistics companies, legal compliance is handled informally by:

  • Operations teams

  • Accounting departments

  • Branch managers

Without legal oversight, compliance becomes fragmented and reactive. Legal risks accumulate silently until inspections, disputes, or audits expose them.

Why These Legal Mistakes Keep Happening

Logistics businesses often make the same mistakes because:

  • Operations move faster than legal review

  • Compliance responsibilities are unclear

  • Legal advice is sought only after problems arise

  • There is no internal legal function

This reactive approach increases risk as operations scale.

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Why Ad-Hoc Legal Advice Is Not Enough for Logistics Companies

Many logistics businesses consult lawyers only when:

  • A dispute has escalated

  • An inspection is announced

  • A penalty has already been imposed

At that point, legal advice focuses on damage control rather than prevention. Options are limited, and costs are higher.

Logistics operations require continuous legal monitoring, not occasional legal intervention.

Ongoing Legal Consultancy: A Practical Solution for Logistics Businesses

Ongoing legal consultancy functions as an outsourced legal department, embedded into daily operations.

With ongoing legal support, logistics companies benefit from:

  • Regular review of business scope and licenses

  • Contract risk assessment and updates

  • Labor compliance monitoring

  • Guidance on subcontracting and liability allocation

  • Support during inspections and regulatory interactions

Legal compliance becomes part of operational planning rather than an afterthought.

Why This Is Especially Important for FDI Logistics Companies

FDI logistics companies face additional challenges:

  • Language barriers

  • Use of global contract templates not aligned with Vietnamese law

  • Differences between headquarters policies and local enforcement

  • Increased scrutiny from authorities

Local ongoing legal consultancy helps bridge these gaps and reduce compliance risk.

How DEDICA Law Firm Supports Logistics Businesses

DEDICA provides ongoing legal consultancy services tailored for logistics companies operating in Vietnam.

As an outsourced legal department, DEDICA supports logistics clients by:

  • Reviewing and updating business scope and licensing compliance

  • Strengthening contracts with clients and subcontractors

  • Advising on liability, insurance alignment, and risk allocation

  • Supporting labor compliance and inspections

  • Preventing disputes before they disrupt operations

DEDICA’s approach is practical, prevention-focused, and industry-aware, designed to support fast-moving logistics operations.

Conclusion

Logistics businesses rarely fail because of a single legal violation. Instead, problems arise from small, repeated compliance gaps in contracts, labor management, licensing, and operations.

In a sector where margins are tight and operations are complex, legal mistakes can quickly erode profitability and damage reputation.

By engaging ongoing legal consultancy, logistics companies gain continuous protection, operational clarity, and the confidence to grow without being derailed by avoidable legal risks.

Contact DEDICA Law Firm for Professional Legal Support

📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)

🕒 Working Hours: Monday – Friday (8:30 – 18:00)

Contact us today for a free initial consultation with our experienced lawyers!

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