New rules tighten transfer conditions and add zoning disclosure requirements. What should companies and individuals prepare?
Land use right transfers remain the most closely watched topic in Vietnamese real estate. Recent adjustments concentrate on three areas: transfer conditions, disclosure obligations and processing deadlines.
Stricter transfer conditions
The transferor must hold a certificate, the land must be free of disputes and distraint for judgment enforcement, and the use term must still be valid. In practice, many deals stall when the land turns out to be mortgaged or subject to zoning.
Review before paying a deposit
Deposits are usually paid before the parties complete their legal checks. That is a common source of disputes. We recommend finishing due diligence before signing anything binding.
- Check the certificate and its change history
- Verify zoning information with the competent authority
- Confirm mortgage and distraint status
- Verify identity and authority to dispose of jointly owned property
A few extra days of checks at the start usually saves months of litigation later.