Real Estate and Project Legal Advisory

Investing in, developing, or buying and selling within a real estate project requires a much deeper layer of legal review than an individual land transaction: project legality (investment approval, land, planning), the investor’s capacity, and capital mobilization conditions. ANT Legal advises investors, sub-investors, and buyers within projects alike.

Project Legality to Check

  • Investment approval: the decision approving the investment policy / Investment Registration Certificate of the project;
  • Land: land allocation or land lease decisions; whether the investor has fulfilled land-related financial obligations (land use fees, land rents);
  • Planning and construction: detailed 1/500 planning, construction permits (for parts requiring permits);
  • Capital mobilization conditions: the investor may only mobilize capital when satisfying the conditions under the Law on Real Estate Business 2023.

Conditions for Real Estate Business

Under the Law on Real Estate Business 2023 (29/2023/QH15, effective 01/8/2024), real estate put into business must satisfy conditions on ownership/use rights, be dispute-free, and not be seized. Specifically for selling off-plan housing, the investor must have a bank guarantee for the obligation to refund advance payments when handover is not on schedule — this is the first thing buyers should check.

Common Risks in Projects

  • “Ghost” projects, or projects not yet eligible for sale but already mobilizing capital through deposits or cooperation contracts;
  • The investor mortgaging the project at a bank without the buyers’ knowledge;
  • Late handover, handover not matching committed quality; disputes over management fees and common vs. private areas;
  • Failure to obtain pink books for buyers because the investor has not fulfilled financial obligations.

How Does ANT Legal Assist?

  • Legal due diligence on projects for investors;
  • Reviewing sale contracts and deposit contracts in projects for buyers;
  • Advising on deal structuring and project transfers for investors;
  • Resolving disputes between buyers and investors.

Related Content

Considering investing in a project or facing difficulties with an investor? Contact ANT Legal via Hotline/Zalo 0966.475.966 for legal due diligence and advice on a plan.

This content is for general reference only and does not replace legal advice for a specific case. Each project’s legality varies with its progress and approval dossiers.

Discuss this matter with ANT Legal

If you are preparing a property transaction, project transfer or land-related file review, ANT Legal can help identify legal risks and suitable next steps.

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Frequently asked questions

When should I contact a lawyer?

When a matter has deadlines, high value, multiple parties or requires risk review before signing, negotiating, complaining or filing a claim.

What should I prepare?

Please prepare contracts, licenses, charter documents, resolutions, evidence, correspondence and key dates if available.

Does ANT Legal guarantee an outcome?

No. Legal advice depends on the specific file, evidence, applicable rules and any competent authority decision.

Website information is for general reference only and does not replace legal advice for a specific matter.