Real Estate Transaction Advisory

Buying and selling real estate is the largest transaction in many people’s lives — and also the easiest to “lose money for nothing” on if the legal check is skipped. ANT Legal advises comprehensively on real estate transactions: from legal checks before deposits, drafting transfer contracts, to completing title transfer procedures.

Conditions for Transferring Land Use Rights and Housing

Under Article 45 of the Land Law 2024, a land user may transfer when simultaneously satisfying: (1) holding a Land Use Right Certificate; (2) the land is dispute-free or disputes have been resolved; (3) the land use rights are not seized to secure judgment enforcement; (4) still within the land use term. Missing any condition, the transfer contract carries risks of invalidity or inability to transfer title.

Steps in a Safe Transaction

  1. Legal check: verifying the Certificate (authentic/fake, parcel information), land use planning, dispute status, bank mortgages, remaining land use term, and comparing the actual state with documents. See Legal Due Diligence on Real Estate Before Purchase.
  2. Deposit: preparing a tight deposit contract (amount, notarization deadline, deposit penalty under Article 328 of the Civil Code 2015).
  3. Notarizing the transfer contract: contracts transferring land use rights and housing must be notarized or certified.
  4. Financial obligations: the seller pays 2% personal income tax on the transfer price; the buyer pays 0.5% registration fee; the parties may agree on who bears the tax/fee.
  5. Title transfer registration: submitting the change registration dossier at the Land Registration Office to be issued a Certificate in the buyer’s name.

Common Risks

  • Buying land without a certificate, mortgaged land, land under planning/recovery decisions;
  • Houses built without permits or in violation of permits — ownership not recognized on the certificate;
  • Undivided inherited land, co-owned but only one person signing the sale;
  • The price stated on the notarized contract being lower than the actual price — risks in disputes and tax calculation.

How Does ANT Legal Assist?

  • Comprehensive legal checks on land/housing parcels before transactions;
  • Drafting and reviewing deposit and transfer contracts;
  • Representing clients in notarization, tax declaration, and title transfer registration;
  • Resolving disputes arising from real estate transactions.

Related Content

About to buy or sell real estate and need a legal check before committing money? Contact ANT Legal via Hotline/Zalo 0966.475.966 for a lawyer’s dossier review and accompaniment in the transaction.

This content is for general reference only and does not replace legal advice for a specific case. Each transaction is tied to its own parcel and dossier.

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.