Land & Housing: Issues to View from a Legal Perspective

Land and housing matters are rarely a single isolated procedure. In practice in Ho Chi Minh City and the southern provinces, a real estate transaction usually intertwines multiple layers of issues: the legal status of the land parcel, planning, financial obligations, the parties’ eligibility, and future dispute risks. This overview page systematizes the current legal framework and the groups of matters ANT Legal commonly handles in the land and housing field.

Current legal framework

Land Law 2024 (No. 31/2024/QH15), effective from 1 August 2024 — the central instrument governing land use rights: land allocation, land lease, change of land use purpose, land recovery, compensation, registration and issuance of Certificates;
Housing Law 2023 (No. 27/2023/QH15), effective from 1 August 2024 — house ownership, conditions for sale/purchase and lease, social housing;
Law on Real Estate Business 2023 (No. 29/2023/QH15), effective from 1 August 2024 — conditions for putting real estate into business, brokerage, trading floors;
Decree No. 101/2024/ND-CP — land registration and issuance of Certificates of land use rights and ownership of assets attached to land;
Under the two-tier local government model (district level abolished from 1 July 2025), many land procedures are now handled at the commune level where the land is located.

Common groups of matters

Land use right certificates (sổ đỏ), pink books (sổ hồng): first-time issuance of Certificates; registration of changes upon sale, gift, inheritance, mortgage; parcel subdivision and consolidation; change of land use purpose; extension of the land use term. See Land, housing and land certificate advisory.
Legal due diligence before purchase: verifying the Certificate, planning, disputes, mortgages, land use term, and actual conditions against documents. See Legal due diligence on houses and land before purchase.
Real estate transactions: conditions for transfer (Article 45 of the Land Law 2024: holding a Certificate, no dispute over the land, no distraint, remaining land use term), notarization of contracts, 2% personal income tax, 0.5% registration fee. See Real estate transaction advisory.
Real estate projects: conditions for capital mobilization, sale of off-plan houses, project transfer. See Real estate and project legal advisory, Project transfer advisory.
Capital contribution with land use rights; land recovery, compensation and resettlement. See Advisory on capital contribution with land use rights, Advisory on land recovery, compensation and resettlement.

When should you have your land and housing file reviewed?

As soon as the transaction involves significant value, multiple parties, unclear documents (land without a certificate, undivided inherited land, unpermitted construction), or signs of a dispute have emerged. Early review helps identify missing documents, unfavorable clauses and deadlines to note — before placing a deposit or signing a transfer contract.

Frequently asked questions

What are the risks of buying land without a land use right certificate (sổ đỏ)?

Very risky: the transfer does not meet the conditions under Article 45 of the Land Law 2024, planning and disputes are hard to verify, and the contract may be declared void. Only transact after carefully checking the land origin and the roadmap to issuance of the certificate.

Where to file land applications after the district level was abolished?

Under the two-tier government model, many land procedures are handled at the commune-level People’s Committee where the land is located or at the Land Registration Office. Applicants should confirm the receiving authority before filing to avoid files being passed back and forth.

Does ANT Legal provide online advisory?

Yes. ANT Legal receives initial information by phone, Zalo, email or works online; for complex files, our lawyers will request documents for review before giving specific opinions.

Useful links

Need a legal due diligence on a house or land, help with land use right certificate (sổ đỏ) procedures, or resolution of a land dispute? Contact ANT Legal via Hotline/Zalo 0966.475.966 for a file review and a suitable proposed approach.

This content is for general reference only and does not replace legal advice for a specific file. Each land parcel has its own cadastral file; accurate advice must be based on documents and actual conditions.