Real Estate Project Transfer Procedure

The real estate project transfer procedure is a critical component of real estate business law. Adherence to these regulations establishes a unified legal framework for investors executing project transfers. This article details the administrative procedure.

Executing Subject of the Procedure

According to Clause 1.5, Sub-item 1, Section B, Part II of the Appendix issued with Decision 872/QD-BXD dated June 19, 2025, the executing subject for the administrative procedure is the real estate project investor.

Resolving Agency for the Procedure

According to Clause 1.6, Sub-item 1, Section B, Part II of the Appendix issued with Decision 872/QD-BXD, the provincial-level People’s Committee is the agency that resolves the administrative procedure.

Procedure for Real Estate Project Transfer

According to Sub-item 1, Section B, Part II of the Appendix issued with Decision 872/QD-BXD, the procedure for transferring all or part of a real estate project is regulated as follows.

Dossier Components

Dossier components for the real estate project transfer procedure are regulated in Clause 1.3, Sub-item 1, Section B, Part II of the Appendix issued with Decision 872/QD-BXD.

• Documents from the project transferor:
  • Written request from the project investor to permit the transfer of all or part of the real estate project.
  • Decision on investment policy, approval of investment policy, or investment approval for the real estate project from the competent state agency.
  • Written documentation from the competent state agency on the selection of the investor according to regulations; decision or document recognizing the investor (for projects requiring this procedure).
  • Decision approving the detailed plan or the total ground plan of the real estate project from the competent state agency.
  • Land-related documents: Decision on land allocation, land lease, or permission to change land use purpose for the project. Minutes of land handover for the project in the field from the competent state agency to the project investor.
  • If the project is mortgaged, documents showing the mortgage has been released.
  • Acceptance documents confirming the completion of technical infrastructure construction corresponding to the progress, design, and approved plan (for transferring the entire infrastructure construction project).
  • Confirmation from the tax authority that the investor has fulfilled financial obligations regarding the project’s land to the State, and receipts for land-related fees (if any).
  • For state-owned enterprises transferring a project, documents proving compliance with regulations.
  • Report on the project implementation process up to the time of transfer.
  • Agreement on the transfer of all or part of the real estate project between the transferor and transferee (if any).
• Documents from the project transferee:
  • Enterprise Registration Certificate, Investment Registration Certificate, or other documents proving the organization’s establishment.
  • Financial reports.
  • Written commitment to continue implementing the investment, construction, and business activities according to the approved project content.
  • Documents proving the transferee meets the conditions for receiving the transfer.
• Dossier quantity: 01 set.

>>> CLICK TO DOWNLOAD:

• APPLICATION FOR APPROVAL OF TRANSFER OF ENTIRE (OR PARTIAL) REAL ESTATE PROJECT
• REPORT ON IMPLEMENTATION OF ENTIRE/PARTIAL TRANSFERRED REAL ESTATE PROJECT

Implementation Order

The implementation order for the real estate project transfer procedure is regulated in Clause 1.1, Sub-item 1, Section B, Part II of the Appendix issued with Decision 872/QD-BXD.

• Step 1: Dossier Submission:
  • The real estate project investor submits 01 dossier set to the provincial-level People’s Committee (or the provincial-level state management agency for real estate business authorized by the People’s Committee).
• Step 2: Consultation, Appraisal, and Decision:
  • Within 20 days of receiving a valid dossier, the provincial-level People’s Committee must consult relevant local agencies, appraise the transfer dossier, and issue a decision permitting the transfer (or a written notice detailing reasons for ineligibility).
  • If an authorized agency is used, that agency conducts the consultation and appraisal within 20 days and submits it to the provincial-level People’s Committee for a decision.
  • If the transferee is a foreign-invested economic organization and the project is in a sensitive area (islands; border communes/wards; coastal communes/wards; or other areas affecting national defense and security), the provincial People’s Committee must obtain opinions from the Ministry of Defense and the Ministry of Public Security.
  • Consulted agencies must provide written opinions on matters within their state management scope within 07 days of receiving the request.

>>> See more at: Procedures for transferring all or part of a real estate project

Resolution Time Limit

The time limit for resolving the real estate project transfer procedure is 20 days from the date of receiving a valid dossier.

Consulting and Authorization Services for Real Estate Project Transfer

Long Phan Consulting Company provides comprehensive services for the real estate project transfer procedure. Service content includes:

• Advising on all dossier components, guiding the complete procedure, and performing legal validation of documents before drafting and preparing the full submission.
• Acting as the Client’s authorized representative to file the dossier and liaise with the competent state agency throughout the appraisal process.
• Receiving the final Decision, delivering the results to the Client, and providing a comprehensive explanation of the official documents.

With a professional, dedicated team, Long Phan Consulting Company commits to helping Clients complete the real estate project transfer procedure efficiently and in full compliance with regulations.

>>> See more at: Procedures for transferring annual land lease investment projects

Frequently Asked Questions (FAQs)

Long Phan Consulting Company provides answers to common inquiries regarding the real estate project transfer procedure.

How does the investor submit the dossier?

The investor can submit the dossier directly, via postal service, or online. Legal Basis: Clause 1.2, Sub-item 1, Section B, Part II, Appendix issued with Decision 872/QD-BXD dated June 19, 2025.

What is the result of the administrative procedure?

The result is a Decision permitting the transfer of all (or part) of the project. Legal Basis: Clause 1.7, Sub-item 1, Section B, Part II, Appendix issued with Decision 872/QD-BXD dated June 19, 2025.

Is there a fee for the real estate project transfer procedure?

There is no fee for this procedure. Legal Basis: Clause 1.8, Sub-item 1, Section B, Part II, Appendix issued with Decision 872/QD-BXD dated June 19, 2025.

What are the rights and obligations of the transferor?

The transferor has the following rights and obligations:

• Transfer their rights and obligations regarding the project to the transferee, except for completed obligations not related to the transferee or the project’s continuation.
• Transfer relevant project dossiers to the transferee; notify and resolve the legitimate rights and interests of related parties in a timely, complete, and public manner.
• Coordinate with the transferee to carry out land procedures according to land laws.
• In case of a partial transfer, the transferor has the right to request the transferee to continue construction in compliance with the approved project content, construction permit, and detailed plan.
• Fulfill financial obligations to the State.
• Other rights and obligations under the contract. Legal Basis: Clause 1, Article 43, 2023 Law on Real Estate Business.

What are the rights and obligations of the transferee?

The transferee has the following rights and obligations:

• Inherit and perform the rights and obligations transferred by the transferor.
• Continue to implement the investment, construction, and business of the project according to the approved content; handle changes according to other regulations.
• In case of receiving a partial transfer, the transferee must comply with the transferor’s requirements regarding project planning during construction.
• Fulfill financial obligations to the State.
• Other rights and obligations under the contract. Legal Basis: Clause 2, Article 43, 2023 Law on Real Estate Business.

Conclusion

The real estate project transfer procedure ensures that transfer activities are transparent, compliant, and aligned with real estate market development. Adhering to these regulations facilitates smooth, secure, and effective project transactions.

For detailed consultation and support in executing the procedure quickly and legally, please contact Long Phan Consulting Company via hotline: 1900636389 for dedicated and professional service.