Full-Package Support Services for Buying Real Estate in Vietnam

Full-package support services for buying real estate in Vietnam that guarantee absolute legality for every real estate transaction. The process of checking urban planning, appraising dossiers, and fulfilling financial obligations must be executed accurately to eliminate dispute risks. In the following article, Long Phan Consulting Company details the regulations regarding conditions, sequences, and optimal legal solutions for housing and land transactions.

Conditions for transferring and selling real estate

Real estate transactions must meet strict legal requirements to ensure the contract is valid and to avoid legal risks.

Subject conditions

• For the Seller: Basic conditions require the seller to possess complete documents proving lawful ownership of the asset. The seller must be the lawful owner or be legally authorized to sell the asset under Article 45 of the 2024 Land Law. The seller must possess full civil act capacity and not fall under categories prohibited from transacting according to Articles 20, 21, and 117 of the 2015 Civil Code.
• For the Buyer:
  • If an individual, they must possess full civil act capacity and not fall under prohibited categories per Articles 20, 21, and 117 of the 2015 Civil Code.
  • If an organization, it must possess legal entity status and operate lawfully in Vietnam under Article 74 of the 2015 Civil Code.
  • If a foreigner, they must meet the conditions prescribed in the 2023 Housing Law and the 2024 Land Law.

Furthermore, the transaction must be executed voluntarily, without coercion, and must not violate legal prohibitions.

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Property requirements

Pursuant to Clause 1, Article 45 of the 2024 Land Law, housing and land may only be bought and sold when meeting the following conditions:

• Possessing a Certificate of Land Use Rights, or a Certificate of Housing Ownership and Residential Land Use Rights, or equivalent certificates, except for specific cases like inheriting land use rights, exchanging agricultural land, donating land to the State/community, and cases specified in Clause 7 Article 124 and Point a Clause 4 Article 127 of the 2024 Land Law;
• The land is free of disputes, or any dispute has been resolved by a competent state agency, a court judgment, or a legally effective arbitration award;
• The land use rights are not distrained or subjected to other measures to secure civil judgment execution;
• Within the valid land use term;
• The land use rights are not subject to temporary emergency measures as prescribed by law.

Formal requirements

Real estate purchase and sale contracts must be in writing and must be notarized or certified by a notary public as stipulated in Article 27 of the 2024 Land Law, specifically as follows:

• Contracts for the transfer, donation, mortgage, or capital contribution using land use rights, or land use rights and assets attached to the land, must be notarized or certified, except in cases stipulated in point b, clause 3, Article 27 of the 2024 Land Law;
• Lease agreements, sublease agreements for land use rights, land use rights and assets attached to land, agreements for the conversion of agricultural land use rights; agreements for the transfer or contribution of capital in the form of land use rights, land use rights and assets attached to land, and assets attached to land where one or both parties involved in the transaction are organizations engaged in real estate business activities, must be notarized or certified as required by the parties;
• Documents concerning the inheritance of land use rights, land use rights, and assets attached to the land must be notarized or certified in accordance with the provisions of civil law;
• Notarization and authentication are carried out in accordance with the laws on notarization and authentication.

Procedures for signing a real estate purchase and sale contract in Vietnam

A real estate sale and purchase contract must be established in writing and is mandatorily required to be notarized or authenticated at a notary practicing organization under Article 27 of the 2024 Land Law, specifically:

• Contracts for transferring, donating, mortgaging, or contributing capital using land use rights (and land-attached assets) must be notarized or authenticated, except as prescribed in Point b, Clause 3, Article 27 of the 2024 Land Law.
• Contracts for leasing/subleasing land use rights, exchanging agricultural land use rights, or transferring/contributing capital where at least one party is a real estate business organization may be notarized or authenticated upon the request of the parties.
• Documents on inheriting land use rights and land-attached assets are notarized or authenticated according to civil law.
• Notarization and authentication are executed under the laws governing notarization and authentication.

Documentation and procedures

Step 1: Notarize or authenticate the contract

The notarization and authentication of contracts and documents exercising the rights of land users are regulated in point a, clause 3, Article 27 of the 2024 Land Law.

Contracts for the transfer, donation, mortgage, or capital contribution using land use rights, or land use rights and assets attached to the land, must be notarized or certified, except in cases where one or more of the transferors are organizations engaged in real estate business, in which case notarization or certification is not required.

Notarizing the transfer contract

Notary location: According to Article 44 of the 2024 Notarial Law, when transferring land and houses, the parties must have the transaction notarized within the province or centrally governed city where the notary office is located.

Documents required: According to Articles 42 and 43 of the 2014 Notarial Law, the following documents must be prepared when transferring land use rights and housing:

Transferor:

• Land use rights certificate.
• Copies of identification documents: National ID card or passport.
• Documents proving marital status (marriage certificate or certificate of single status).
• Power of attorney (if authorized to carry out the transfer).

Transferee: 

• Copies of identification documents: National ID card or passport.
• Documents proving marital status (marriage certificate or certificate of single status).

Authenticating the transfer contract

Certification location: Clause 2, Article 5 of Decree 23/2015/ND-CP stipulates the authority and responsibilities of the People’s Committee of communes, wards, and towns (hereinafter referred to as the People’s Committee at the commune level) where the land is located.

Documents to prepare: Documents for notarizing land use rights transfer contracts need to be carefully prepared to ensure the process is quick and efficient. Below is a list of the main documents as stipulated in Decree 23/2015/ND-CP:

• Original or certified copy of Identity Card/Citizen ID Card/Citizen ID Card/Certificate of Identity/Passport/entry/exit documents/international travel documents that are still valid or Electronic Identity Card.
• Land use rights transfer contract (original, drafted according to the template, at least 2 copies).
• Land use right certificate (land title deed) or documents proving legal land use rights.
• Documents proving the marital status of the parties (marriage certificate or certificate of single status, if applicable).
• Other relevant documents include a power of attorney if a representative is involved, or a land allocation decision from a government agency.

Step 2: Declare financial obligations

Costs associated with transferring real estate: When transferring ownership, you will have to pay personal income tax, registration fees, and document appraisal fees, unless otherwise exempted.

Personal income tax

According to Article 247 of the 2024 Land Law, amending and supplementing Clause 1, Article 14 of the 2007 Personal Income Tax Law, from January 1, 2025, the taxable income from real estate transfers is determined as the transfer price for each transaction.

In the case of transferring land use rights, the taxable income is calculated based on the land price in the land price table. Article 17 of Circular 92/2015/TT-BTC stipulates a tax rate of 2% on the transfer price for real estate transfers. Generally, the person receiving income from real estate transfers is the one who pays the personal income tax. However, the law does not prohibit the parties from agreeing on who will bear this tax; therefore, the party liable for personal income tax may be the seller or the buyer, depending on the agreement in the transfer contract.

Application processing fee 

According to Clause 11, Article 2 of Circular 85/2019/TT-BTC (amended by Circular 106/2021/TT-BTC), the fee for appraising land use right certificate applications falls under the authority of the Provincial/City People’s Council. Therefore, the amount collected will vary depending on the locality where the transferred real estate is located.

Registration fee

• According to Article 4 of Decree 10/2022/ND-CP, organizations and individuals owning assets subject to registration fees must pay this fee when registering ownership or usage rights with the competent state agency. In land use right transfer transactions, the buyer is usually the one who bears the registration fee, but the parties can agree on who will bear this fee. The registration fee for houses and land is 0.5%. The taxable value for land is the land price in the Land Price Table issued by the People’s Committee of the province or centrally-governed city in accordance with the law on land at the time of registration fee declaration.
• In cases where the price of houses and land in the house purchase contract or land use right transfer contract is higher than the price issued by the People’s Committee of the province or centrally-governed city, the price used to calculate the registration fee for the house and land will be the price stated in the land use right transfer contract or house purchase contract.

Step 3: Register the change

According to the provisions of Part VI of Section C of Decree 151/2025/ND-CP, the procedures for registering land use changes are as follows:

Step 1: Submit your application

The applicant for land registration changes shall submit one complete set of documents as specified in Part II.2 of Section B of Decree 151/2025/ND-CP. In cases where mortgaged assets or capital contributions using land use rights and assets attached to the land are processed without agreement; or where auction records of land use rights and assets attached to the land are compiled for the purpose of enforcing judgments as prescribed by law, the submission of documents shall be carried out by the organization handling the land use rights and assets attached to the land, or by the recipient of the land use rights and ownership of assets attached to the land.

Step 2: Receiving the application

• The receiving agency checks the completeness of the application documents and issues an Application Receipt and a date for receiving the results.
• If the application is incomplete, the application will be returned along with a request form for supplementary documents so that the applicant can complete and supplement the application as required.
• If the receiving agency is the One-Stop Service Center, the application will be forwarded to the Land Registration Office.
• In cases where the area of ​​residential land is re-determined according to the provisions of Clause 6, Article 141 of the 2024 Land Law, the receiving agency shall forward the dossier to the land management agency at the commune level.

Step 3: Processing the land registration change request

• After receiving the application for land registration change from the receiving agency, the land registration office carries out the prescribed tasks to check and assess the legality of the land registration change application.
• In cases where financial obligations are required by law, the Land Registration Office shall send a Land-related Financial Obligation Transfer Form (Form No. 19 issued with Decree 151/2025/ND-CP) to the tax authority for determination and notification of financial obligation collection.

Step 4: Update land use changes

• Revising and updating changes in cadastral records and land databases; issuing new Certificates of Land Use Rights and Ownership of Assets Attached to Land, or confirming changes on issued Certificates in cases where no financial obligations are required; handing over Certificates of Land Use Rights and Ownership of Assets Attached to Land, or sending them to the receiving agency for handover to the recipient.
• In cases where financial obligations must be fulfilled, the Land Registration Office will carry out the above-mentioned tasks after receiving notification from the tax authority regarding the completion of financial obligations.

All terms in the contract must comply with current regulations regarding land use purposes, legally permitted land use duration, and approved land use plans and schemes. Compliance with these regulations not only ensures the legality of the transaction but also protects the long-term interests of all parties, avoiding potential future risks.

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Difficulties encountered when carrying out land purchase and sale procedures

Buying and selling land inevitably comes with challenges:

• Complex Legal Procedures: Transactions require strict adherence to legal and administrative rules. Without expert advice, navigating documents and contracts is difficult.
• Urban Planning Risks: Discrepancies between the actual physical state and cadastral records (area discrepancies due to old measurement errors or boundary encroachments, e.g,…) are major hurdles. The registration office will refuse the title transfer until corrections or re-measurements are completed.
• Market and Pricing Risks: Unpredictable market fluctuations pose risks for both buyers and sellers.
• Disputes and Litigation: Issues regarding ownership or land use rights can lead to disputes that derail the transaction.

Long Phan Consulting Company understands these complexities. Our expert team not only deeply understands civil law but effectively resolves complex disputes, helping you avoid unnecessary conflicts and achieve optimal rights.

Benefits of using Long Phan Consulting Company comprehensive home buying support service in Vietnam

Choosing our full-package support services for buying real estate in Vietnam is the optimal solution to protect your rights and assets:

• Optimize Time and Costs: We handle the entire process from planning checks and legal appraisal to state agency submissions saving you immense time and travel costs.
• Control and Eliminate Legal Risks: Our experts meticulously review the seller’s and the asset’s legal status, ensuring latent risks are neutralized before signing.
• Optimal Tax and Financial Solutions: Clients receive advice on fulfilling financial obligations legally and cost-effectively.
• Accelerate Dossier Processing: Our extensive network with notary organizations and cadastral agencies ensures a swift, smooth transaction.
• Transparency and Absolute Security: Progress is updated via regular reports, backed by strict client confidentiality and guaranteed legal accuracy in every document.
• Professional Negotiation Support: We assist in negotiating contract terms to secure fair and highly beneficial agreements.
• Dedicated Post-Sale Accompaniment: We continue to support post-transaction issues like boundary disputes or physical handover procedures.

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Long Phan Consulting Company offers comprehensive real estate buying and selling services in Vietnam

Long Phan Consulting Company provides comprehensive advisory services to assist you in executing real estate purchasing procedures in Vietnam professionally and as a full package. With our highly experienced expert team, we ensure your dossier strictly complies with current laws and optimizes economic benefits. We structure our professional support into the following key area:

• Verify the legal status of the Certificate of Land Use Rights and ownership of assets attached to the land.
• Look up information on planning regulations, building boundaries, and transaction restrictions at the relevant authorities.
• Verify the legal capacity and marital status of the parties involved in the transaction.
• Drafting deposit agreements, transfer agreements, and related agreements ensures legal soundness.
• The client’s representative will carry out the notarization procedure for the contract at the notary office.
• Submit the application for land registration change (transfer of ownership) at the Land Registration Office and monitor the processing progress.
• Receive the completed Certificate of Registration and transfer of ownership, and we will deliver it directly to you.
• Providing advice on matters related to inheritance, gifts, or land use conversion accompanying the main transaction.

Frequently Asked Questions when using full-package support services for buying real estate in Vietnam

The following, Long Phan Consulting Company some frequently asked questions regarding full-package support services for buying real estate in Vietnam. We invite interested customers to refer to them:

Can a house or land purchased with a handwritten agreement be issued a Certificate of Ownership?

According to Article 137 of the 2024 Land Law, only households and individuals who are stably using land and possess one of the documents issued before October 15, 1993, will be considered for the issuance of a land use certificate. Transactions involving buying and selling land using handwritten documents after this date are generally not recognized as legally valid, except in certain special cases stipulated in Article 138 of the 2024 Land Law concerning land without documents but not in violation of land law.

For how long can foreigners own property in Vietnam?

According to Clause 2, Article 20 of the 2023 Housing Law, foreign individuals are allowed to own housing by agreement in the transaction, but for a maximum of 50 years from the date of issuance of the Certificate of Ownership. You may be granted an extension once if needed, but the extension period shall not exceed 50 years as stipulated.

Can land that is mortgaged to a bank be transferred through a contract?

You can still sign the transfer contract if you obtain written consent from the mortgage holder, as stipulated in Clause 5, Article 321 of the 2015 Civil Code. Unauthorized transfer of mortgaged property without the mortgage holder’s consent is a violation of the law.

Is it mandatory for a deposit contract to be notarized?

Article 328 of the 2015 Civil Code does not mandate that a deposit contract must be notarized or certified to be valid. However, to protect your rights and prevent the situation where a single property is deposited with multiple parties, you should have the contract notarized at a notary office. This helps verify the signatures and intentions of the parties and check the property’s security status against the nationwide notary database.

What is the basis for determining the land price used for tax purposes?

The land price used to calculate personal income tax and registration fees is based on the Land Price Table issued by the Provincial People’s Committee at the time of tax calculation, as stipulated in Article 159 of the 2024 Land Law.

Where are land boundary disputes resolved?

According to Articles 235 and 236 of the 2024 Land Law, land disputes that the parties cannot resolve through self-conciliation must be submitted to the People’s Committee of the commune where the land is located for mediation. If mediation fails, for disputes with a land use certificate, the jurisdiction belongs to the People’s Court. For disputes without a land use certificate, you can choose to resolve the dispute at the competent People’s Committee or file a lawsuit in court.

Conclusion

Through our full-package support services for buying real estate in Vietnam, clients receive legal advice, document verification, and comprehensive support to finalize title transfers. This is the optimal solution to help you own real estate safely and rapidly.

For in-depth consulting and to resolve land-related entanglements, please contact us Long Phan Consulting Company via Hotline 1900636389 To receive timely and full-package support services for buying real estate in Vietnam from our team of experts.

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