Practical Law has published the 2016/17 edition of its Corporate Real Estate Global Guide, a high-level overview of commercial real estate laws and regulations in 23 jurisdictions worldwide. The Vietnam chapter of the guide was written by Vinh Quoc Nguyen, a senior attorney-at-law in Tilleke & Gibbins’ corporate and commercial group in Ho Chi Minh City. The Vietnam chapter covers the following main topics:
- The Corporate Real Estate Market: Trends and most significant deals over the last 12 months.
- Real Estate Investment: Structures typically used for investment, main sources of finance, types of investors, and restrictions on foreign ownership or occupation.
- Title to Real Estate: Determining title to real estate, electronic access and conveyancing, main information in 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 Issues: Targets and incentives for reducing greenhouse gases and energy efficiency requirements.
- Real Estate Finance: Secured lending and real estate financing techniques, environmental liability, and remedies for default.
- Real Estate 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.
- Reform: Proposals to amend real estate law.
The Corporate Real Estate Global Guide is published by Practical Law Company, which is owned by Thomson Reuters.