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blue-check Noticeable changes in requirements for real estate trading from March 1st, 2022

Decree No. 02/2022/ND-CP dated January 6th, 2022 of the Government on elaboration of certain articles of the Law on Real Estate Trading
Posted: 10/1/2022 7:52:54 AM | Latest updated: 24/8/2022 11:08:35 AM (GMT+7) | LuatVietnam: 5376 | Vietlaw: 549
VietlawOnline

One of the noticeable new points of this Decree is the removal of requirement relating to legal capital with regard to real estate trading enterprises instead of applying the legal capital of VND 20 billion under the earlier regulations. This amendment is aimed at ensuring the consistence with the amendments at clause 2 Article 17 of the Law on Investment No. 61/2020/QH14status2 .

However, the investor of a real estate project must have an equity of not less than 20% of the total investment capital for the project with a land use scale of less than 20 hectares, not less than 15% of the total investment capital, for the project with a land use scale of 20 hectares or more.

The sale, transfer, lease, lease purchase, sublease of real estate and transfer of real estate projects must be made into a contract according to the forms promulgated at this Decree. Under the earlier regulations, these forms are only used for reference.

This Decree takes effect from March 1st, 2022 and replaces Decree No. 76/2015/ND-CPstatus1 dated September 10th, 2015.

Notes
Please be informed that the attached forms are neither translated nor included in the English file.
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Effective Date 1-Mar-2022
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 549

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Real estates trading

blue-check Many regulations on real estate trading are expected to be amended
blue-check Brokerage companies are not required to share data on real estate trading
blue-check Regulations on real estate trading applicable to FDI enterprises
blue-check Regarding procedures for making adjustments to investment registration certificate after transfer of a real estate project
blue-check Issues relating to sale of off-plan houses
blue-check New regulations on developing and using housing and real estate market information system
blue-check Regarding management of operation of real estate trading floors
blue-check Issues relating to transfer of real estate project
blue-check Only real estate enterprises are allowed to receive the transfer of real estate projects
blue-check Notes in relation to real estate trading in Vietnam for FDI enterprises
blue-check Current regulations on real estate trading
blue-check 3 methods for selection of investors of commercial housing projects under the Law on Housing
blue-check How to determine a project owner if there are multiple qualified investors
blue-check Notes in relation to sale and purchase of future-acquired houses
blue-check Building management service is not eligible for 2% VAT reduction
blue-check There are changes in procedures for transfer of real estate project from January 1st, 2021
blue-check Notes relating to declaration of transfer price of real estate on contract
blue-check Noticeable changes in requirements for real estate trading from March 1st, 2022
blue-check Regarding scope of real estate trading of FDI enterprises
blue-check There is no requirement of minimum residential land area in a commercial housing construction project