After one year in effect, the new laws—including the 2024 Land Law, the 2023 Real Estate Business Law, and the 2023 Housing Law—have been put into force. However, many issues continue to arise, stemming from both inconsistencies in the legal provisions and differences in interpretation and application of the regulations among various regulatory agencies. No certificate, no transfer One of the key revisions in the 2023 Real Estate Business Law is the provision allowing investors to transfer real estate projects upon completion of their financial obligations concerning land, even if a land use right certificate has not yet been issued for the project. In practice, even after fulfilling financial obligations, investors often wait several months to obtain the land use right certificate. The new regulation is expected to reduce processing time significantly, streamline procedures for both the transferor and transferee, and accelerate the overall progress of real estate projects. To implement this policy, Decree 101/2024/ND-CP, which guides the registration of land use right certificates and ownership of assets attached to land, dedicates Article 43 to outlining procedures for registering land changes during real estate project transfers. The decree differentiates between two situations: (i) when the transferor has been issued a […]
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