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

March 4, 2025

Vietnam Removes Obstacles to Key Real Estate Projects

On February 20, 2025, the National Assembly of Vietnam made public the executed Resolution 170/2024/QH15, which outlines special mechanisms and policies to address difficulties and obstacles related to notable real estate projects and land issues in Da Nang, Ho Chi Minh City, and Khanh Hoa Province. This resolution, with an effective date of April 1, 2025, aims to resolve issues identified in inspection conclusions, audits, and court judgments, including 1,313 cases of land-use term violations in Da Nang.

Solutions

Resolution 170 provides a variety of mechanisms and policies to clear the way for projects to proceed with implementation. These may include, depending on the specific location, the following solutions.

  • For issued Land Use Rights Certificates (LURC) that violate the land-use term for business production land in Da Nang: For projects that have already been invested in and utilized, the land-use terms in the LURC may be adjusted to 50 years from the date of the decision on land allocation, land lease, conversion of land use purpose, or actual land handover.
  • For continued use of land, determining land prices, and calculating land use fees and land rental fees applicable to a list of projects in Da Nang, Ho Chi Minh City, and Khanh Hoa Province: The city/provincial People’s Committees will review and complete, within their authority, the procedures related to land, investment, construction, environment, and forestry of such projects in accordance with the current laws.
    • Projects that meet legal and regulatory requirements after thorough review and compliance checks will be allowed to continue, provided they are aligned with urban planning, environmental standards, and national security requirements. In addition, investors must fulfill applicable financial obligations, including land use fees and land rental payments, which will be reassessed and collected based on the land price tables applicable in Da Nang, Ho Chi Minh City, and Khanh Hoa Province at the time of the land allocation or land lease decision. If the land price at the time of the decision does not reflect the actual market value, the provincial People’s Committees will determine a specific land price.
    • Projects that do not meet the conditions will have their land revoked.

Outlook

Resolution 170 represents a significant effort by the National Assembly to address longstanding issues in project and land management. Stakeholders are advised to review the resolution in detail and ensure compliance with the outlined solutions to avoid legal and financial repercussions.

RELATED INSIGHTS​ 

August 17, 2018
Partner Vinh Quoc Nguyen contributed the Vietnam chapter of Practical Law’s Corporate Real Estate Global Guide 2018, a high-level overview of commercial real estate laws and regulations in 30 jurisdictions worldwide.The Vietnam chapter highlights recent trends in the country’s real estate market, including condominium, office, and retail sectors, and explores common structures and financing sources for real estate investment, as well as limitations faced by foreign investors.
June 29, 2018
On May 22, 2018, the government of Vietnam promulgated Decree No. 82/2018/ND-CP on industrial and economic zones (Decree 82) replacing Decree No. 29/2008/ND-CP dated March 14, 2008, as amended by Decree No. 164/2013/ND-CP and Decree No. 114/2015/ND-CP (Decree 29). Decree 82 will come into effect from July 10, 2018. Below are some key changes of Decree 82 in comparison to Decree 29:Export-processing enterprises are allowed to conduct the purchase and sale of goods and related activities in Vietnam
May 25, 2018
Section 35 bis of the Consumer Protection Act B.E. 2522 (1979) grants the Contract Committee of the Consumer Protection Board the power to designate “contract-controlled businesses,” in order to control the contents of written contracts between certain businesses and their consumers in the course of sales or services. Designation as a contract-controlled business is intended to ensure that contracts contain necessary terms and conditions and to prevent consumers from being unreasonably disadvantaged by unfair contract terms.
April 12, 2018
The latest edition of Practical Law Company’s Doing Business in … Global Guide includes a chapter on Vietnam written by lawyers from Tilleke & Gibbins’ Ho Chi Minh City and Hanoi offices. The popular guide, produced in association with Lex Mundi, the world’s largest network of independent law firms, provides the ins and outs of establishing and operating a business in more than 50 jurisdictions worldwide.The Vietnam chapter covers the following main topics: