Latest types of real estate trading agreement and forms of contract for real estate trading in Vietnam

Latest types of real estate trading agreement in Vietnam

Pursuant to Article 17 of the Law on Real Estate Trading in 2014 stipulating latest types of real estate trading agreement in Vietnam as follows:

1. Types of real estate trading agreement:

a) Building sale agreement;

b) Building rent agreement;

c) Lease purchase agreement;

d) Land transfer, lease, and sublease agreement;

dd) Agreement on transfer of all or a portion of real estate project.

2. A real estate trading agreement must be made in writing. The agreement notarizing or authenticating shall be agreed by contracting parties, excluding building sale or lease purchase agreements or land transfer agreements concluded by households and individuals prescribed in Clause 2 Article 10 of this Law.

3. The effective date of the agreement shall be agreed and stated in the agreement by contracting parties. If the agreement has been notarized or authenticated, the effective date of the agreement is the notarizing or authenticating date. If the contracting parties have not agreed or the agreement has been not notarized or authenticated, the effective date is the date on which the agreement is signed.

4. The Government shall stipulate types of real estate trading agreement.

Forms of contract for real estate trading in Vietnam

Pursuant to Article 6 of the Decree 02/2022/NĐ-CP (takes effect 01/03/2022), the sale, transfer, lease, lease purchase, sublease of real estate and transfer of real estate projects must be made into a contract according to the following forms:

1. Contract for sale, purchase, and lease-purchase of an apartment is specified in Form No. 01 of the Appendix issued together with this Decree.

2. Contract of sale, purchase, lease-purchase of tourist apartment, officetel is specified in Form No. 02 of the Appendix issued together with this Decree.

3. Contract for sale, purchase, and lease-purchase of detached houses specified in Form No. 03 of the Appendix issued with this Decree.

4. Contract for purchase, sale, lease purchase of house and other construction work other than those specified in Clauses 1, 2 and 3 of this Article specified in Form No. 04 of the Appendix issued together with this Decree.

5. Contract for lease of house or construction work specified in Form No. 05 of the Appendix issued with this Decree.

6. Contract for transfer of land use rights specified in Form No. 06 of the Appendix issued with this Decree.

7. Contract for lease or sublease of land use rights specified in Form No. 07 of the Appendix issued with this Decree.

8. Contract for transfer of the whole (or part) of the real estate project specified in Form No. 08 in the Appendix issued with this Decree.

Best regards!