Quick answer: Subdivision and sale of land plots (land subdivision and plot sales) in a real estate project may only be carried out when all conditions under the Law on Real Estate Business 2023 (No. 29/2023/QH15, effective 01/08/2024) are met, including: the project is in an area permitted for subdivision; financial obligations on land have been fulfilled; there are land-use-right documents; and approval has been obtained from the competent state agency.
Conditions for subdivision and sale of land plots under the Law on Real Estate Business 2023
Under the Law on Real Estate Business 2023, an investor may only transfer land use rights with completed technical infrastructure in a real estate project (land subdivision and plot sales) when the conditions are met: the project is in a permitted area or urban category; investment in technical infrastructure has been completed; a land-use-right certificate has been obtained; and there is no dispute over the land use rights.
Related services
Real Estate Project Legal Advisory
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.
Which areas may not be subdivided and sold?
The Law on Real Estate Business 2023 tightens the rules compared with before: subdivision and sale of land plots is not permitted in wards and districts of special-class, class I, class II, and class III urban areas (except where otherwise provided by law). Investors need to check the planning and urban classification of the project area before proceeding.
Applicable legal basis
- Law on Real Estate Business 2023 (29/2023/QH15, effective 01/08/2024).
Note on Applying Current Legal Regulations
This article is part of the Business & M&A Knowledge series and is presented for reference purposes, helping readers understand the legal issue at a general level before preparing documents or entering into transactions.
Legal regulations may change depending on timing, locality, document type, and specific circumstances. If you need to determine the exact legal basis applicable to your file, please contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.
Common Risks to Note
- Applying an outdated, amended, or replaced legal instrument.
- Preparing incomplete dossiers, documents, or evidence.
- Misunderstanding the conditions, procedures, time limits, or competent authorities.
- Signing, filing, or entering into transactions without fully assessing legal risks.
How Can ANT Legal Help?
ANT Legal supports reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling options, and representing clients in dealings with individuals, organizations, or competent authorities when necessary.
For prompt advice, please contact our lawyers at 0966.475.966.
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