Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?
Due to changes in law attracting foreigners to come to live, and
invest in Vietnam, foreigners have growing interest in investment and acquiring
real estate. However, as real estate is valuable assets, the law on real estate
ownership and real estate transactions are complicated, especially for
foreigners.
Under the land ownership regime in Vietnam, land
belongs to the entire people with the State acting as the owner’s
representative and uniformly managing land. Hence, in Vietnam, the land users
will have the land use right without the private ownership of the land.
Land law 2013 does not allow foreigner to have land use rights in
Vietnam. It only allows foreign invested enterprises to be permitted to use
land through the form of land allocation or lease.
Although foreigners do not have land use rights
in Vietnam, they are allowed to own houses in Vietnam under the Law on Housing.
In addition, the Law on Real Estate Business has certain limitations for
foreign investors to conduct real estate business in Vietnam and must meet the
legal requirements.
Foreign investors investing in Vietnam wish to
use the land to conduct business activities, or intend to conduct real estate
business in Vietnam, or simply a foreigner wishing to purchase and own real
estate in Vietnam should be aware of the legal provisions on conditions of
implementation, orders and procedures to of the transactions to minimize risks.
The assistance of the lawyers on real estate in Vietnam shall be worthwhile.
Real
estate dispute lawyers in Vietnam would have
in-depth knowledge of the Land Law, Law on Housing, Law on Real Estate Business
and related regulations. In addition, they would have practical experience in
implementing legal procedures, handling disputes, and supporting real estate
transactions in Vietnam. The real estate lawyers could explain the restrictions
on land use rights of foreign organizations and individuals in Vietnam and the
conditions for conducting business in real estate in Vietnam. The lawyers at
request could assist the foreigners with the process and procedures to work
with state agencies to obtain land use rights for enterprise and home ownership
rights for individual more effectively.
When conducting transactions related to real estate such as
buying, selling, transferring, renting, leasing, real estate lawyers could also
provide assistance in in legal due diligence of the real estate to minimize
legal risk to clients. It is important to evaluate the legal status of the
property, the owner of property, whether property is in dispute, or subject to
additional requirements of government before being sold by the developer and the
people eligible for entering into the transaction. In addition, the lawyers in Vietnam can advise clients to draft or review the
agreements, sales contract as well as the process to legalize the process to
comply with the law in Vietnam.
ANT Lawyers - a real estate
dispute law firm in Vietnam with international standard, local
expertise and strong international network. We focus on customers’ needs and
provide clients with a high quality legal advice and services. For advice or
service request, please contact us via email ant@antlawyers.vn, or call us +84
24 730 86 529.
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