Contracts in Real Estate Business

Contracts in Real Estate Business

1. Types of real estate business contracts include:
   a) Contracts for the sale and lease-purchase of residential houses;
   b) Contracts for the lease of residential houses;
   c) Contracts for the sale and lease-purchase of construction works or floor areas within construction works intended for tourism and accommodation purposes;
   d) Contracts for the lease of construction works or floor areas within construction works intended for tourism and accommodation purposes;
   đ) Contracts for the sale and lease-purchase of construction works or floor areas within construction works intended for educational, medical, sports, cultural, office, commercial, service, industrial, or mixed-use purposes;
   e) Contracts for the lease of construction works or floor areas within construction works intended for educational, medical, sports, cultural, office, commercial, service, industrial, or mixed-use purposes;
   g) Contracts for the transfer of land use rights with technical infrastructure within real estate projects;
   h) Contracts for the lease or sublease of land use rights with technical infrastructure within real estate projects;
   i) Contracts for the transfer of entire real estate projects;
   k) Contracts for the transfer of part of real estate projects;
   l) Contracts for the transfer of contracts for the sale or lease-purchase of houses or construction works.

2. Types of real estate service business contracts include:
   a) Contracts for real estate trading floor services;
   b) Contracts for real estate brokerage services;
   c) Contracts for real estate consultancy services;
   d) Contracts for real estate management services.

3. A real estate business contract shall be entered into only when the real estate has satisfied all conditions for business, and the real estate project has satisfied all conditions for transfer in accordance with this Law.

4. Real estate business contracts or real estate service business contracts in which at least one party is a real estate business enterprise shall be notarized or certified at the request of the parties.

5. Contracts for the sale, lease-purchase of houses, construction works, or floor areas within construction works where the contracting parties are individuals must be notarized or certified.

6. The effective date of a contract shall be the date on which the last party signs the contract or another form of acceptance as indicated in the contract, unless otherwise agreed by the parties. In cases where the contract is notarized or certified, the effective date of the contract shall be the date on which the notarized or certified document takes legal effect in accordance with the laws on notarization and certification.

7. The Government shall provide regulations on standard contract templates in real estate business.

(Legal basis: Article 44, Law on Real Estate Business 2023)