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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

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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

Mr. Bang is a partner of our firm, with more than 15 years of experience as a lawyer. He joined the Ho Chi Minh City Office in 2010, as the first Vietnamese lawyer in the Ho Chi Minh City Office, and gained experience in a variety of diverse cases, including huge, complex projects. Mr. Bang specializes in inbound investments, corporate & commercial matters, M&A, banking, real estate property & construction, and labour. He also has significant experience in providing advice regarding unfair competition, securities, capital market transactions, project financing transactions, infrastructure projects, and energy projects. Before joining the firm, Mr. Bang gained professional experience in both a law firm and working with multinational corporations. He has been a regular contributor to a number of law-related magazines, and has actively participated in the legal training of law students, having been a law lecturer in Vietnam since 2009. Mr. Bang is a 2001 graduate of Hanoi University of Law (LL.B.), and received an LL.M. from the Transnational Law & Business University in Seoul, Korea in 2006. He is a member of the Ho Chi Minh Bar and the Vietnam Bar Federation, and is fluent in both English and Vietnamese.

カオ・チャン・ギア

CAO Tran Nghia

  • Counsel
  • Hanoi / Ho Chi Minh City

Cao Tran 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, and since joining our firm, has provided 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. He is a contributor to a number of legal magazines, and has co-authored several articles and publications on various topics.