Real Estate

Risks of disputes over land lease contracts in industrial parks

Vietnam continues to be considered an important destination for production investment capital flows, the demand for land lease in industrial parks and industrial clusters is increasing. For investors, especially foreign investors, obtaining the right to stably use an area of land in an industrial park is often a prerequisite for implementing projects, applying for investment registration certificates, building factories, organizing production and operating supply chains. However, practice shows that a land lease contract in an industrial park is not just a normal commercial transaction. This type of transaction is located at the intersection of civil law, land law, investment law, real estate business law and also foreign exchange, tax, and invoice law.

The complexity of transferring investment projects associated with land use rights as seen from a court judgment

Project transfer associated with land use rights (LUR) is a form in which an investor transfers all or part of an investment project to another investor, including land and attached assets. For businesses and investors, this method helps save time and take advantage of available planning and infrastructure. However, the transfer of projects associated with land use rights is a complex legal field, many regulations on investment and land must be complied with, so it is easy to arise legal risks if not careful. In this article, we will analyze legal regulations, point out some core legal issues and lessons learned for stakeholders, through the case 43/2023/KDTM-PT of the High Court in Ho Chi Minh City on May 23, 2023 on the transfer dispute of the cashew oil factory project in Binh Phuoc.

Guidance on procedures for mortgage cancellation of Land use right certificates at banks for enterprises

In the course of business, if the land use rights or land-attached assets are being mortgaged at the bank, the enterprise will be restricted when transacting these assets. To remove, enterprises need to carry out mortgage deregistration procedures when they meet the statutory conditions.

Why does Vietnam continue to propose amendments to the Land Law 2024?

The Land Law 2024, passed by the National Assembly and effective from August 1, 2024, marks an important step forward in the reform of land management and use in Vietnam. The Land Law, when promulgated and enforced, carries with it a lot of expectations of people and businesses about the State's management of one of the most valuable assets and has a special position in society. However, after only one year of implementation, the Government has proposed to amend and supplement a number of articles of this Law to submit to the National Assembly for approval at the next October session. The Draft Amendment to the Land Law 2024 (the "Draft Amendment") is formulated to institutionalize the Party's guidelines, solve practical problems and be in line with the two-level local government organizational model.

Positive impact of the new Land and Real Estate Business Law on M&A transactions

The article is made in collaboration between VCCI-HCM and HM&P Law Firm. In this article, Lawyer Nguyen Nhat Duong and Vu Trung Thanh (HM&P) will mention some positive impacts of the new Law on Land 2024 and the Law on Real Estate Business 2023 on M&A deals in the coming period. Besides, this article was published in the Legal Electronic Magazine on May 7, 2024.

Is the transfer of 100% of the shares of a real estate company is considered a project transfer?

In this article, our Managing Partner Nguyen Van Phuc will address the shares of a real estate company is considered a project transfer. The article was published in The Saigon Times No. 10-2024, dated on March 07, 2024.