The 2015/16 edition of Practical Law Company’s Commercial Real Estate guide provides overviews of commercial real estate laws and regulations in 22 jurisdictions worldwide. Vinh Quoc Nguyen, a senior attorney-at-law in Tilleke & Gibbins’ corporate and commercial group in Ho Chi Minh City, authored the Vietnam chapter of the guide. The Vietnam chapter delves into the following main topics:
- The Corporate Real Estate Market: Trends over the last 12 months and most significant deals.
- Real Estate Investment: Structures typically used for investment, main sources of finance, types of investors, government schemes to promote overseas investment into Vietnam, and restrictions on foreign ownership or occupation.
- Title to Real Estate: Determining title to real estate, relevant authorities, electronic access and conveyancing, main information and documents registered in a title’s public register, disclosure of confidential information, state guarantees to title, government liability for errors in title registration, insurance, and tenure.
- Sale of Real Estate: Preliminary agreements, corporate real estate sale contract, main real estate provisions in share purchase agreements, due diligence, sellers’ warranties, liability, environmental compliance, and completion arrangements.
- Real Estate Tax: Stamp duty/transfer tax, mitigating tax liability on acquisitions of large real estate portfolios, value added tax, and municipal taxes.
- Climate Change: Reducing greenhouse gases and energy efficiency requirements.
- Finance: Secured lending and real estate financing techniques.
- Leases: Negotiation of contractual lease provisions, executing a lease, rent payments, length of term and security of occupation, disposal, repair and insurance, and landlord’s remedies and termination.
- Planning and Development Controls: Compulsory purchase of business premises by local or state authorities, relevant authorities, and planning consent.
