You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

December 6, 2016

PLC Corporate Real Estate Global Guide 2016/17 – Vietnam Chapter

Practical Law Company

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.

RELATED INSIGHTS​ 

February 22, 2013
Location, location, location—the old adage about the three things that matter in real estate continues to be true today, especially for retailers. Commercial real estate developers and retailers face a fiercely competitive market and shifting consumer patterns as Bangkok continues to expand geographically. To reach the city’s expanding consumer base, it is essential for retailers to understand local zoning requirements, especially with a new city plan set to come into effect in May.BMA Ordinance
February 14, 2013
In association with Lex Mundi, Practical Law Company has now published the latest edition in its series of guides on how to do business in jurisdictions worldwide. The Thailand chapter, written by attorneys at Tilleke & Gibbins, provides an overview of the legal system and key laws for foreign companies doing business in the Kingdom. Presented in a question-and-answer format, the chapter examines the rules governing foreign investment, business vehicles, employment, tax, competition, intellectual property, marketing agreements, e-commerce, data protection, and product liability.
December 26, 2012
Getting the Deal Through has published a multi-jurisdictional guide to real estate in 30 jurisdictions worldwide. The Thailand chapter was written by Cynthia Pornavalai and Ahmet Yesilkaya from the Tilleke & Gibbins corporate and commercial team. The chapter provides a business perspective to owning and investing in real estate in Thailand, and clarifies the law for foreign investors in terms of their liability, choice of law, and what to consider when making investments in Thailand. More specifically, the chapter covers the following:
November 30, 2012
Long-term lease agreements in Thailand are generally limited to a maximum term of 30 years and may then be renewed for another 30-year term under Section 540 of the Civil and Commercial Code of Thailand.