blue-check Regulations on real estate trading applicable to FDI enterprises

Official letter No. 3133/BXD-QLN dated August 11th, 2022 of the Ministry of Construction regarding guidelines for determination of foreign invested enterprises at clause 3 Article 11 of 2014 Law on Real estate trading
Posted: 16/8/2022 8:20:34 AM | Latest updated: 23/8/2022 11:50:35 AM (GMT+7) | LuatVietnam: 5520 | Vietlaw: 575

The Ministry of Construction notes that when foreign invested enterprises (FDI enterprises) conduct real estate trading in Vietnam, they are required to meet requirements and comply with rules, forms, and scope of trading in according to regulations of laws.

Accordingly, FDI enterprises have to comply with conditions and forms of real estate trading according to clause 1 Article 10 (amended at point a clause 2 Article 75 of 2020 Law on Investment), clause 3 Article 11 of the Law on Real estate trading No. 66/2014/QH13status2 and Article 4 of Decree No. 02/2022/ND-CP .

Area of real estate trading must be beyond national defense and security protection zone according to land-use planning approved by the authorities (clause 4 Article 4 of Law No. 66/2014/QH13status2 ).

Regarding rate of charter capital held by a foreign investor, capacity, conditions for market access of foreign investors in the field of real estate trading, it is needed to contact with the Ministry of Planning and Investment for obtaining guidelines under its competence.

Ms Phuong Thao (
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Published Vietlaw's Newsletter No. 575

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Real estates trading

blue-check Many regulations on real estate trading are expected to be amended
blue-check Brokerage companies are not required to share data on real estate trading
blue-check Regulations on real estate trading applicable to FDI enterprises
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blue-check There are changes in procedures for transfer of real estate project from January 1st, 2021
blue-check Notes relating to declaration of transfer price of real estate on contract
blue-check Noticeable changes in requirements for real estate trading from March 1st, 2022
blue-check Regarding scope of real estate trading of FDI enterprises
blue-check There is no requirement of minimum residential land area in a commercial housing construction project