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Vietnam: Notable points of Decree 02/2022/ND-CP providing guidance on the Law on Real Estate Business

Since the effective date of the Law on Real Estate Business (1 July 2015), Vietnamese authorities have issued different legislative documents to enhance its practical implementation, including, among others, Decree 76/2015/ND-CP, dated 10 September 2015, on the implementation of certain provisions of the Law on Real Estate Business (“Decree 76”).  However, as the Law on Real Estate Business and the Law on Investment were amended last year, the continued application of Decree 76 would lead to several inconsistencies between these Laws and Decree 76. The state therefore issued Decree 02/2022/ND-CP on 6 January 2022, which will come into effect and completely replace Decree 76 from 1 March 2022 (“Decree 02”).  Below are some points of Decree 02 that are notable...To read the full article, please see the PDF file

*This article is also available in Japanese.

Asia Newsletter (February 15, 2022) (1.14 MB / 5 pages) Download PDF [1.14 MB]

Authors

大矢 和秀

Kazuhide OHYA

  • Partner
  • Tokyo Hanoi / Ho Chi Minh City

Stationed in Singapore in 2010 and in Vietnam since 2013, and supported foreign investors in their investments and business development in South East Asia. Provided legal advice on various projects including the following: • M&A deals • infrastructure development projects including smart city, road, and railway • natural resources and energy projects including renewable energy projects • real-estate development projects including residential housing, commercial/logistics, offices, hospitality properties, complex buildings Kazuhide has also advised foreign invested companies in South East Asia in various areas, such as labor, trade, information security, digital regulations, crisis management, and compliance.

ヴ・レ・バン

VU Le Bang

  • Partner
  • Hanoi / Ho Chi Minh City

Bang is a partner with more than 20 years of legal professional experience. He joined  the Ho Chi Minh City Office in 2010, as the first Vietnamese lawyer to join Nishimura & Asahi,offering his experience in a variety of matters, including a diverse selection of notable, complex projects and disputes. Bang specializes in dispute resolution, inbound investments, corporate & commercial matters, M&A, banking, real estate property & construction, and labor. He also has significant experience in providing advice regarding international trade, unfair competition, securities, capital market transactions, project financing transactions, infrastructure projects, and energy projects. Prior to joining the firm, Bang gained advisory experience in both law firm environments and  multinational corporations. He has been a regular contributor to numerous law-related magazines, and has actively participated in the training of law students and legal practitioners, having been a part-time lecturer in Vietnam since 2009. Additionally, Bang is invited as recurring speaker at the seminars and events organized by reputable legal profession related institutions and organizations.

Bang is a 2001 graduate of Hanoi University of Law , and received an LL.M. in international law from the Transnational Law & Business University in Seoul, Korea in 2006, supplementing with an additional LL.M. in U.S. law from Antonin Scalia Law School George Mason University in Virginia in 2024. He is also pursuing a Ph.D. in international law at Charisma University School of Law and a Ph.D. in criminal justice at Liberty University - Helms School of Government in the U.S. 

Chambers and Partners has recognized Bang as a leading lawyer  in M&A and Real Estate. He is a listed arbitrator of several institutions including the Vietnam Lawyers' Commercial Arbitration Center, and a member of the Ho Chi Minh Bar and the Vietnam Bar Federation. He is fluent in both English and Vietnamese.

カオ・チャン・ギア

CAO Tran Nghia

  • Partner
  • Hanoi / Ho Chi Minh City

Nghia has substantial experience as both in-house and outside counsel, and has worked at a leading law firm and a multinational investment fund in Vietnam. He joined Nishimura & Asahi in 2013, providing legal advice to numerous domestic and multinational clients, including Vietnamese and Japanese corporations, with a focus on M&A, Real Estate, Construction, Infrastructure and PPP, and Energy in Vietnam. He works closely with clients’ business and legal teams to implement innovative solutions to legal challenges.
In addition to his advisory work, he frequently contributes his knowledge of different focus areas to publications, media, and speaking engagements. He has demonstrated his commitment to mentorship and community outreach through his active participation in pro bono work and numerous internal committees during his tenure.