Due Diligence of Real Estate Transactions: A Necessity in Purchasing Real Estate. 5 Reasons

In the ever-evolving landscape of real estate law, Vietnam has recently passed significant amendments that reshape the framework for real estate transactions within the country. These changes not only expand the opportunities for investors and property buyers but also introduce new regulations and conditions that demand rigorous compliance. This development underscores the critical importance of undertaking due diligence of real estate transactions, a process that involves thorough investigation and verification of all aspects of a property deal before finalization.

This article delves into the key highlights of the amended Vietnam real estate law and explores why due diligence of real estate transactions is indispensable for navigating this complex legal terrain.

Understanding the Amended Vietnam Real Estate Law

The recently amended Vietnam real estate law effective from 2025 introduces several pivotal changes and additions that impact various facets of real estate transactions. Among the notable updates are:

1. Expanded Scope for Real Estate Transactions: The law now encompasses a broader range of real estate types eligible for transactions, including existing and future residential properties, construction works with diverse functional purposes, and land use rights within real estate projects.

2. Enhanced Regulations for Real Estate Service Business: New principles governing real estate service business, the operation of real estate exchanges, and the conditions for managers operating these exchanges have been introduced, aiming to streamline and regulate the sector more effectively.

3. Additions to Real Estate Consulting and Management Services: Conditions for engaging in real estate consulting and management services have been specified, outlining the rights, obligations, and operational scope for service providers and clients.

4. Inclusive Real Estate Business Rights: The law acknowledges the rights of Vietnamese nationals residing abroad to participate in real estate business activities in Vietnam, aligning with the spirit of the Land Law and ensuring equal opportunities.

5. Regulatory Framework for Future Projects: Detailed decrees are suggested to guide the evaluation and approval of residential and construction projects, emphasizing the responsibility of state management agencies in the process.

6. Down Payment Regulations: To protect buyers and reduce transaction risks, the law caps down payments at 5% of the property sale or lease price, contingent on the project meeting specified conditions.

7. Payment Structure for Future Residential Business: The law mandates a payment structure that allows customers to retain a portion of the contract value until the issuance of necessary ownership certificates, ensuring financial security for buyers.

The Imperative of Due Diligence of Real Estate Transactions

Given the complexities and the broad scope of the amended Vietnam real estate law, due diligence of real estate transactions emerges as a fundamental practice for all parties involved.

Here’s why:

– Risk Mitigation: Due diligence of real estate transactions enables investors and buyers to identify and assess potential risks associated with property transactions, such as legal encumbrances, compliance issues, and financial obligations.

– Legal Compliance: With the introduction of new regulations and conditions, due diligence of real estate transactions ensures that all aspects of a real estate transaction are in full compliance with the amended law, avoiding legal complications post-transaction.

– Financial Security: Through thorough investigation, parties can verify the financial health of real estate projects and the credibility of developers, safeguarding their investments from fraudulent or financially unstable ventures.

– Informed Decision Making: Due diligence provides a comprehensive understanding of the property, its legal status, and market potential, enabling informed decision-making and investment strategies.

– Consumer Protection: For buyers, particularly in the context of down payments and future residential business transactions, due diligence is crucial for verifying project eligibility and ensuring the protection of their financial interests.

The recent amendments to Vietnam’s real estate law mark a significant step towards modernizing and expanding the real estate market in the country. However, they also introduce a complex set of regulations and conditions that necessitate a meticulous approach to real estate transactions.

The practice of due diligence of real estate transactions is not just a recommendation but a necessity in this context. It ensures compliance, mitigates risks, and protects the interests of all parties involved.

As the real estate landscape continues to evolve, the importance of due diligence of real estate transactions will only grow, serving as a cornerstone for secure, transparent, and successful real estate endeavors in Vietnam.

ANT Lawyers, law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.