Can the house in dispute about the land use rights be put on the market in Vietnam?

Can the house in dispute about the land use rights be put on the market in Vietnam?

In Article 9 of the Law on Real Estate Business 2014, requirements in terms of real estate to be put on the market are as follows:

1. A building to be put on the market shall satisfy the following requirements:

a) The ownership of the building on land is registered in the Certificate of land use right (hereinafter referred to as Certificate of land). Regarding an off-the-plan building in the real estate project, it is only required to have the Certificate of land as prescribed in regulations of law on land.

b) There is no dispute about the land and ownership of the building on land.

c) The building is not distrained.

2. Types of land permitted to be put on the market shall satisfy the following requirements:

a) There are Certificates of land as prescribed in regulations of law on land.

 b) There is no dispute about the land.

c) The land is not distrained;

d) The land use term is still unexpired.

Thus, according to the above provisions in Vietnam, for houses and works with disputes over land use rights, ownership of houses and construction works attached to land, the conditions for putting them on the market are not satisfied. Therefore, your company must not put these properties on the market until the dispute is resolved.

Which forms can overseas Vietnamese conduct real estate trading?

In Article 11 of the Law on Real Estate Business 2014, scope of real estate trading conducted by Vietnamese organizations, individuals, overseas Vietnamese or foreign-invested enterprises is as follows:

1. Any Vietnamese organizations and individuals may conduct real estate trading under following forms:

a) Purchase buildings for sale, for lease, or for lease purchase;

b) Rent buildings for sublease;

c) Build houses on land which is allocated by the State for sale, for lease, or for lease purchase; transfer the land which is divided into smaller lots for sale as prescribed in law on land; build technical infrastructures of cemetery on that land for transfer of both the land and the technical infrastructures;

d) Build houses on the land which is leased by the State for lease; build houses or constructions other than houses on such land for sale, for lease, or for lease purchase;

dd) Build houses on land which is recognized by the State for sale, for lease, or for lease purchase;

e) Build buildings on land which is transferred from organizations, households or individuals for sale, for lease, or for lease purchase;

g) Build buildings on land which is leased from organizations, households or individuals for lease according to proper land use.

h) Receive total or a part of real estate project from investors to build buildings on it for sale, for lease, or for lease purchase;

i) Receive or rent land from organizations, households or individuals to build technical infrastructures on it for transfer or lease of both the land and the infrastructure.

2. Overseas Vietnamese may conduct real estate trading in the following forms:

a) Forms prescribed in Point b, d, g and h Clause 1 of this Article;

b) Build houses on land which is allocated by the State for sale, for lease, or for lease purchase;

c) Build buildings on land which is leased out or transferred in industrial parks, industrial complexes, export-processing zones, hi-tech zones, or economic zone for trading for the proper land use.

3. Foreign-invested enterprises may conduct real estate trading in the following forms:

a) Forms prescribed in Point b, d, h Clause 1 and Point b Clause 2 of this Article;

b) Build buildings on land which is leased out or transferred in industrial parks, industrial complexes, export-processing zones, hi-tech zones, or economic zone for trading for the proper land use.

According to this Article, overseas Vietnamese are allowed to do real estate trading in the forms according to the above regulations.

Best regards!