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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 professional legal experience. He joined the Ho Chi Minh City Office in 2010, and was the first Vietnamese lawyer to join Nishimura & Asahi; his experience spans a wide range 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 & construction, and labor. He also has significant experience advising on international trade, unfair competition, securities, capital markets transactions, project financing transactions, infrastructure projects, and energy projects. Prior to joining the firm, Bang gained advisory experience working at law firms and  for multinational corporations. He is a regular contributor to numerous legal magazines, and has participated actively in the training of law students and legal practitioners as a part-time lecturer in Vietnam since 2009. Bang is also a regular speaker at seminars and events organized by professional legal institutions and organizations.

Bang graduated from Hanoi University of Law in 2001 and earned an LL.M. in International Law from the Transnational Law & Business University in Seoul, Korea, in 2006. He later completed an LL.M. in U.S. Law at Antonin Scalia Law School at George Mason University in Virginia, and an LL.M. in International Business Law and U.S. Law from Northeastern University School of Law in 2024. In 2025, he obtained a Ph.D. in International Relations from Selinus University of Sciences and Literature. He currently is pursuing Ph.D. programs in International Law and Business in the United States.

Chambers and Partners has recognized Bang as a leading lawyer in M&A and Real Estate. He is a CiArb-accredited mediator, a listed arbitrator of  the Vietnam International Arbitration Centre, and a member of the Ho Chi Minh Bar and the Vietnam Bar Federation. He is fluent in 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.