REAL ESTATE BUSINESS LAW _ _ _ _ _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
 
This law regulates the real estate business.
Chapter I GENERAL PROVISIONS article 1. Scope this law regulates the real estate business activities; rights, the obligation of the organization or individual operating the real estate business and real estate transactions related to real estate business.
Article 2. Application object 1. Organizations and individuals doing business in Vietnam.
2. organizations and individuals related to real estate business activities in Vietnam.
Article 3. Applicable law 1. Business operation and property management of real estate business activities are subject to the provisions of this law and the provisions of relevant laws.
2. a particular case of the real estate business prescribed in other laws shall apply the provisions of that law.
3. where the international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this law shall apply to the provisions of international treaties.
Article 4. Explanation of terms In this law, the terms below are interpreted as follows: 1. the real estate business activities include real estate business and the real estate services business.
2. real estate business is invested to create, buy, receive, transfer, rent, rent to buy property to sell, transfer, lease, sublease, lease to buy lucrative purposes.
3. real estate services business was business support activities in real estate and real estate markets, including brokerage services, real estate, real estate valuation, real estate transactions, real estate consultants, real estate auctions, real estate ads , real estate management.
4. real estate transactions related to real estate business is the purchase, sale, transfer, lease, hire purchase property between the Organization, the individual is not the real estate business with the Organization, business personal property.
5. property transaction was the real estate transactions and provide services for the real estate business.
6. property auctions is the sale, transfer of public property to choose the buyer, assignee for the highest bidder property according to the property auction procedures.
7. Purchase, sale, transfer of property, the deferred payment is the purchase, sale, transfer of the property that the buyer, by the assignee is deferred or make a purchase, money transfer of property within the time limit agreed in the contract.
8. Buy Home sales, construction form in the future is the sale of the home, buildings, which at the time of signing the contract, the construction work, which has not yet formed or are forming under project profile, construction drawing design and specific progress.
9. Valuation of real estate is the consulting activities, determine the price of a particular property at a time.
10. real estate valuation certificate text is expressing the results of valuation of real property by individual, organization of business valuation services establishing property as requested by the customer.
11. property management services is the Organization's activities, personal real estate services business was the owner or owners of the real estate use the authorization to conduct the preservation, preserve, look after, operation and exploitation of the property according to the property management contract.
12. buy a House Rental, construction work is the form of business property, whereby lessees to buy become home owners, are buying rental buildings after paying off the money rent buy lease purchase contract.
Article 5. Principles of real estate business activities 1. The organization or individual operating the real estate business of equality before the law; freedom of the agreement on the basis of respect for the legitimate rights and interests of the parties to the real estate business operations through contracts, not contrary to the provisions of the law.
2. put on the business property must be eligible under the provisions of this law and the provisions of relevant laws.
3. real estate business activities are public, transparent.
Article 6. The type of the property is brought into the business 1. The type of the property is brought into the business include: a) The kind of home construction, according to the provisions of the law on construction;
b) land use rights are involved in property market according to the provisions of the law of the land;
c) other property types as defined by the law.
2. Based on the situation of socio-economic development, the property market and the global economy, the Government specifies the list type property specified in clause 1 of this article are put into the business.
Article 7. Conditions for property brought into the business 1. Home construction, putting into the business must have the following conditions: a) to allow business;
b) for new construction, homes are quality assurance according to the provisions of the law on construction; as for the House, buildings were then used by the quality requirements agreed in the contract;
c) there is no dispute about ownership;
d) not to levy execution or to accept the decision of the competent State agencies;
DD) is not in the zone to build according to the provisions of the law on construction;
e) Have the records include certificate of house ownership, construction and land use rights or legal papers to prove ownership, the right to use under the provisions of the law for the House, buildings were available; building permit or project profile and construction drawing design approved for construction, home construction; design of construction drawings, records and minutes of collecting handed put to use for home, the construction works of the project, the new urban housing projects, infrastructure projects, industrial area not have certificate of ownership, rights of use; project profiles, construction drawing design and construction progress, construction works have been approved for construction, home form in the future.
2. Land use putting into the business must have the following conditions: a) to allow business;
b) Have legal papers to prove the right to use the land under the provisions of the law;
c) there is no dispute;
d) in term of land use;
DD) not to levy execution or to accept the decision of the competent State agencies;
e) transfer, lease of land use right in urban projects, housing projects, infrastructure projects, industrial zones, they must have the corresponding infrastructure works with the content and progress of the project has been approved.
3. other real property as defined in point c paragraph 1 article 6 of this law was brought into the business must qualify under regulations of the Government.
Article 8. Conditions for the Organization, personal real estate business activities 1. The Organization, individuals when real estate business to establish business or cooperative, must have legal capital and property business registration under the provisions of the law.
2. organizations and individuals, when the real estate services business to establish business or cooperative, registered real estate services business under the provisions of the law, except where the provisions of paragraph 3 of this article.

The Organization, individuals when trading real estate brokerage service must have at least one real estate broker certificate; when trading real estate valuation services must have at least two people have real estate appraiser certificate; When the trading service business property must have at least two people have real estate brokerage certificate, if there is property valuation services, they must have at least two people have real estate appraiser certificate.
3. Personal service business broker independent property right registration under the provisions of the law and has the real estate broker certificate.
Article 9. The scope of business activity of the Organization's property, individuals in water 1. Organizations and individuals in the country are the real estate business in the following range: a) created the investment houses, buildings for sale, lease, hire purchase;
b) Bought the House, buildings for sale, lease, hire purchase;
c) rent, buildings to rent back;
d) reclamation investment and investment in infrastructure works on the land rent to lease the land had the infrastructure;
DD) the assignee the right to use the land, investment in infrastructure works to transfer, rent; rent the right to use land already has the infrastructure to rent back.
2. organizations and individuals in the country are the real estate service business in the following range: a) real estate brokerage services;
b) property valuation services;
c) service real estate trading;
d) real estate advisory services;
DD) real estate auction services;
e) real estate advertising services;
g) property management services.
Article 10. The scope of business activity of the Organization's property, foreign individuals, Vietnam people settled abroad 1. Organizations, foreign individuals, Vietnam people settled abroad are the real estate business and the real estate services business in the following range: a) created the investment houses, buildings for sale, lease, hire purchase;
b) reclamation investment and investment in infrastructure works on the land rent to lease the land had the infrastructure;
c) real estate service businesses prescribed in clause 2 article 9 of this law.
2. In addition to the scope defined in paragraph 1 of this article, pursuant to the provisions of this law, the law of the land, housing Law, investment law and the text of the relevant law, government regulation of the activities of the real estate business of the Organization, foreign individuals, Vietnam people settled abroad consistent with socio-economic conditions in each period and expose international economic integration.
Article 11. Public information about real estate put into business 1. Organizations, business personal property is responsible for public information for property brought into the business.
2. Information on public property in real estate trading and on the mass media.
3. Content of information about property include: a) the type of property;
b) location of the property;
c) planning information related to real property;
d) scale, the area of the real estate;
DD) characteristics, nature, public use, the quality of the property;
e) status of infrastructure works, technical services and society related to real estate;
g) legal status of real estate including records, papers of ownership, the right to use the property and papers related to the creation of real estate; the history of property, use the property;
h) restrictions on ownership, property rights (if any);
I) sale, transfer, lease, rent to buy property;
k) the rights and interests of third persons concerned;
l) other information.
Article 12. Business investment policy in real estate 1. The State encourages organizations and individuals in the economic sectors to invest in real estate business in accordance with the objectives of socio-economic development of the country in each period and each locality.
2. the State shall encourage and support policies, personal real estate investment business which created the Fund houses for sale with deferred payment, installments, leasing, hire purchase for people, poor people, people who have low income; infrastructure investment to industrial zones for lease production.
3. State construction investments infrastructure outside the fence of the project; social infrastructure works and the State institutions are in the scope of the project; investment support technique in the construction of the fence for the project is investment incentives.
4. State investment and encourage organizations, individuals investing public service project of the town are related to investment projects in the real estate business.
5. the people's committees where there are investment projects in the real estate business has a responsibility to create conditions for investment projects made the clearance.
6. free State, reduced land use, land lease for land infrastructure construction are transferred to the State, not the infrastructure works business, condominium catering to the policy object.
7. Credit institutions the State preferential loans for investment projects to build houses to rent, hire purchase, sell for people, poor people, people who have low income, students, workers working in industrial zones, export processing zones.
8. State mechanisms, policy stabilize the property market when there is volatility, ensuring benefits to investors and customers.
Article 13. Responsible for managing the State of the real estate business activities 1. The unified Government to manage the State of the real estate business.
2. The Ministry of construction is responsible before the Government implement state management of the real estate business.
3. The ministerial-level agencies, within the scope of the task, their powers are responsible for coordination with the Ministry of construction management of State real estate business activities as assigned by the Government.
4. the people's Committee responsible for implementing the governance of business activities on the property according to the hierarchy of the Government.
Article 14. Purchase, sale, transfer of real property in the form of deferred money in advance applicants, payment 1. The investor of the project real estate business and customer agreement in the contract on the sales, construction form in the future in the form of the application and must ensure the following principles: a) The application is made before the money multiple times, only the first is done when the investor has built the infrastructure service for real estate property, the progress of the project has been approved, the mobilization followed suit with the progress made to establish investment property;
b) investor must properly use the aim client advance money to invest to create real estate;
c) application clients money before being entitled to the purchase price, the price of the transfer of real property at the time of signing the contract, except where the parties have agreed;
d) where the property delivered owner slow progress recorded in the contract shall be liable to the customer under the contract and to pay for a customer's interest payment in advance by bank loans interest rate at the time of delivery of the property corresponds to the slow progress of time;
DD) if customers don't make the right commitment to the application of money earlier in the contract shall be responsible to the owner under the contract and must pay the owner a deposit interest rate of the slow amount charged by the commercial bank loan interest rates at the time of paying the corresponding time delay charged;

e) choosing the commercial bank loan interest rates specified in point d and point of this clause must be Ridin agreed in the contract.
2. The parties are in agreement on the sales contract, the transfer of property in the form of deferred payment, and must ensure the following principles: a) the deferred amount, payment; deferred payment, time must be agreed in the contract;
b) the seller, on the transfer of ownership, reserved the right to use the property until the buyer, by the assignee has paid enough money and perform other obligations in the contract, unless the parties have agreed;
c) purchaser, assignee party property is used property, ownership, property rights after they have paid off the money and perform other obligations in the contract, unless the parties have agreed otherwise.
Article 15. Real Estate Association 1. Real Estate Association was established on the basis of voluntary organizations, individual business activities in real estate. The Association of real estate rights protection, the legitimate interests of the membership, join building, advocacy, disseminate laws on real estate business, contributing to the development of healthy real estate market.
2. Organization and operation of the real estate Association is made according to the provisions of the law on Assembly.
Article 16. The prohibited acts 1. Real estate business business registration no; real estate broker, real estate appraiser certificate under the provisions of this law.
2. Provide the information about real property not honest.
3. Fraud, fraud in the real estate business.
4. Mobilize or constitute unlawful party capital to purchase, lease, lease purchase or capital contribution real estate investment real estate business.
5. Do not make the financial obligations for the State.
6. Taking advantage of the preferential policy of the State to carry out the business of real estate is unlawful.
7. Certificate of real estate broker, real estate appraiser certificate no provisions of this law.
8. Costs, fees and other monies related to the business operations of real property the rules of law.
9. the advantage of position, authority to service or unauthorized interventions into the real estate business.
10. other prohibited acts under the provisions of the law.
Article 17. Handle violation 1. Organizations and individuals violating the provisions of this law, then, depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.
2. The organization or individual operating the real estate business without business registration certificates, the suspended operations, administrative sanctions and collect taxes in accordance with the law.
3. Individuals have no real estate broker certificate, certificate of property valuation that made the real estate broker, real estate appraiser, then suspended activities, administrative sanctions and is not certified within three years from the date of the decision to sanction.
4. Individuals are certified real estate broker, real estate appraiser certificate is not done properly, then the certificate content sanctioned administratively by the form of caution or a fine; If it first then also suspended operations a year, if it the second time it revoked certificates and not be granted leave during the period of five years from the date of the decision to sanction.
5. The Government specifies the administrative sanction in the real estate business.
Chapter II BUSINESS, BUILDING CONSTRUCTION category 1 INVESTMENTS MAKE UP, CONSTRUCTION WORK to BUSINESS Article 18. Creation of investment, construction work to business 1. Organizations, business personal property be invested to create home, construction works to the business according to the following form: a) the new construction investment, construction works;
b) investment to renovate, repair, building construction is available.
2. organizations and individuals create investment, construction work to business to match the planned construction was competent State agencies for approval.
3. organizations and individuals investing in the construction of the new urban area, residential area, industrial zones and infrastructure must have investment projects. The choice of the investor of the project, the new urban housing projects, projects of technical industrial zone must be made according to the provisions of the law on construction and procurement law. The project owner must have the financial capacity to implement the project.
Article 19. Rights of the owner of the new urban projects, housing projects, projects of technical industrial zone 1. Proposals for new urban housing projects, infrastructure projects, industrial techniques with the competent State agencies for permission to invest in the construction business.
2. investing in the construction of infrastructure works, construction works and housing in accordance with the detailed planning of the construction rate of 1/500 of the project has been the competent State agencies for approval.
3. Join the auction of land use right, bidding to perform the new project, residential project, infrastructure project of industrial zones.
4. Introduce, promote information about the project by yourself making investors in order to attract investors, urged others to join in investing in the project.
5. Sell, rent, lease purchase homes, buildings and the transfer, lease of land use had the infrastructure according to the approved project; the transfer of the entire project to a different owner, they must follow the provisions of article 21 of this law.
6. exemption, reduction or slowly paid use of land according to the progress of the project and the nature of the home, the construction works in accordance with the law.
7. Management, monitoring of other owner's investment in the project to make proper investment construction project has been approved and the provisions of the law on construction.
8. Joint venture, cooperate with institutions, individuals, organizations, foreign individuals, Vietnam people settled abroad to implement the project.
9. Mobilization of capital in accordance with the law.
10. Other rights prescribed by law.
Article 20. Obligations of owner of new urban projects, housing projects, projects of technical industrial zone 1. Construction detail planning 1/500 ratio of the project and the competent State agencies approved under the provisions of the law on construction.
2. direct construction system for technical infrastructure and coupling with the infrastructure surrounding area according to the progress of the project; construction investment, construction work under the planning and content of the project has been approved.
3. Ensure financial resources to accomplish the project in accordance with the approved schedule; the event raised money to customer's advance is made in accordance with paragraph 1 of article 14 of this Law.
4. construction management, building construction in its investment projects and by other participating investors to invest according to the detailed planning of construction the rate of 1/500 and the content of the project has been approved.
5. Is responsible for the quality, construction works under the provisions of the law on construction.
6. Sell, rent, lease purchase homes, building construction, assignment, lease of land use had the infrastructure in accordance with the approved project.
7. establish procedures regarding land use, ownership, construction works were sold, transfer to the client; procedures for the transfer of the technical infrastructure works projects have been approved.

8. Storage and submission of project records, records and complete the profile design, construction works prescribed by the law.
9. Implementation of the reporting regime under the provisions of the law and subject to inspection, inspection of the competent State bodies.
10. other obligations prescribed by law.
Article 21. Transfer of the entire project, new urban housing projects, projects of technical industrial zone 1. The transfer of the entire project, new urban housing projects, projects of technical industrial zone must be competent State agencies agree in writing.
2. the assignee owner must be held, business personal property contains the conditions specified in paragraph 1 of article 8 of this Law. The owner is responsible for the assignee to fulfill the obligations of the investor has to transfer.
3. The transfer of the entire project, new urban housing projects, infrastructure projects, industrial zones are being established as the contract in writing.
4. Government regulations specific to entire new urban projects, housing projects, infrastructure projects, industrial area.
Section 2 of HOUSE PURCHASE, CONSTRUCTION WORKS Article 22. The principle of buying and selling homes, buildings 1. The House was built, the sale includes home, construction work was available, are building or formed in the future according to the project design, and the progress has been approved.
2. Organization, business personal property is sold, construction work through the real estate transaction.
3. The sale of the home, buildings must be accompanied by the transfer of land use right shall be as follows: a) for individual houses, villas in the municipality have to simultaneously transfer land use rights;
b) for housing, other construction land use right transfer is made under the provisions of the law of the land.
Case sold the apartment or condominium must be part tied to land use rights, the section of general use and the equipment, the equipment in homes owned in common.
4. House for sale, buildings must include the record of the House, building construction; the record of the House, building construction including papers about the creation, ownership, the process of change and legal status of the House, building construction.
5. The sale of the home, buildings have to be made in the contract according to the provisions of this law and the provisions of the relevant legislation; the case of the sale of the home, buildings are formed in the future, the right of the agreement in the contract on the sale price at the time of signing the contract, regardless of the time of delivery, construction works.
Article 23. Home warranty, construction works had sold 1. The seller is responsible for maintenance, construction works were sold to the buyer, unless the two parties have agreed otherwise. The content, method and duration of warranty because the two sides agreed in the contract.
2. During the warranty period, the seller has the responsibility to repair, remedy the defect, damage of houses, buildings and ensure quality standards prescribed by law or by agreement in the contract, including the equipment works and general use of the condominium.
3. for new construction, homes, then the warranty period no shorter than the warranty period construction works under the provisions of the law on construction.
Article 24. Rights of the sellers home, construction 1. Require the buyer pay the money according to the duration and the method of contract agreement.
2. request the buyer got home, construction work under the time limit agreed in the contract.
3. Ask the buyer for compensation for damages due to the fault of the buyer.
4. Terminate or cancel the contract when the buyer violates the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law.
5. Other rights prescribed by law.
Article 25. Obligations of the seller of the home, buildings 1. Provide full information, honest home, construction work and is responsible for the information provided by themselves.
2. Home Delivery, construction works for the buyer according to the schedule, quality and other conditions agreed in the contract, attached records and manuals; transfer ownership of the home, buildings, land use rights.
3. Warranty, sales of construction as defined in article 23 of this law.
4. Compensation for damage caused by his fault.
5. Service tax, other financial obligations prescribed by law.
6. other obligations prescribed by law.
Article 26. The right of the buyer, construction 1. Get home, construction work accompanied by the certificate of ownership of the home, buildings, land use rights and profiles, relevant papers.
2. to request Parties to sell the House, building construction completed house purchase procedures, construction works; transfer ownership of the home, buildings attached to land use.
3. Ask the sellers home, construction work covered by the provisions of article 23 of this law.
4. Ask the seller of the home, buildings and compensation for damage caused by the construction, home delivery is not timely, not true quality, not true of the other commitments in the agreement.
5. Terminate or cancel the contract when the seller of the House, the construction violated the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law.
6. Other rights prescribed by law.
Article 27. Obligations of the buyer, construction 1. Payment to the seller of the home, buildings, according to the duration and the method of contract agreement.
2. get the House, enclosed construction quality according to the profile, the time limit agreed in the contract.
3. Use the correct construction, capacity, design.
4. Compensation for damage caused by his fault.
5. other obligations prescribed by law.
Category 3 rent, CONSTRUCTION Article 28. The principle of rent, construction 1. Home construction, home rental, construction work was available.
2. Organization, business personal property rentals, construction work is done through the real estate transaction.
3. Home, rental construction must ensure the quality, safety, sanitation and other essential services to the home, buildings are operated under normal use, function, design and contractual agreements.
4. The rental homes, buildings have to be made in the contract according to the provisions of this law and the relevant legislation.
Article 29. Rights of party rentals, construction 1. Request the lessees to preserve, home use, according to the construction, design and contractual agreements.
2. Request the lessees pay rent according to the duration and the method of contract agreement.
3. Requests parties returned home, hire construction work when the expiry of the lease.
4. lease request compensation for damage or repair damaged parts due to the fault of the party cause.
5. Terminate or cancel the contract when hiring party violated the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law.
6. Other rights prescribed by law.
Article 30. Obligations of party rentals, construction 1. Provide full information, honest home, construction work and is responsible for the information provided by themselves.
2. Delivery of houses, buildings, leasehold and party guide use rental, party construction work in accordance with the features and design.

3. maintenance and repair of houses, buildings, periodically or by agreement in the contract.
4. Compensation for damage caused by his fault.
5. Service tax, other financial obligations prescribed by law.
6. other obligations prescribed by law.
Article 31. The rent party rights, construction 1. Request the lessor provides complete information, honest home, construction works.
2. get home, construction work under the agreement in the lease; use, construction works in the period.
3. Are the back rent a part or the whole of the House, building construction, if there is agreement in the contract or be lessor agrees in writing.
4. Continue to hire according to the conditions agreed with the lessor in case changes the owner of the House, building construction.
5. Request the lessor home repairs, construction works are in case of rental homes, damaged buildings; request the lessor compensation for damage caused by the fault of the lessor.
6. Terminate or cancel the contract when the lessor violates the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law.
7. Other rights prescribed by law.
Article 32. The obligation of the tenant side, construction 1. Preservation, home use, according to the construction, design and contractual agreements.
2. Pay rent and perform other obligations under the agreement in the contract.
3. pay, construction works for the lessor under the agreement in the contract.
4. Repair of the damaged houses, building construction induced his fault.
5. do not alter, renovate, demolishing a portion or the entire home, buildings without the consent of the lessor.
6. Compensation for damage caused by his fault.
7. other obligations prescribed by law.
Item 4 RENT BUY HOUSE, BUILDING CONSTRUCTION Article 33. The principle of rent buy House, buildings 1. Home, building construction was hired to buy houses, construction work was available.
2. the Housing, the buildings are hire-purchase to ensure the quality, safety, sanitation and other essential services to the home, buildings are operated under normal use, function, design and contractual agreements.
3. organizations, business personal property buy house rental, construction work is done through the real estate transaction.
4. The rent to buy homes, buildings must be made in the contract according to the provisions of this law and the provisions of relevant laws.
5. The home purchase, rental construction is tied to land use and attached to the record of the House, building construction.
6. The parties to the lease purchase homes, buildings can shorten the term of agreement to transfer ownership of the home, buildings for lease to purchase lease expiration before purchase.
Article 34. The right of the lessor to buy houses, buildings 1. Option and lease purchase agreement with in the contract about the duration of hire purchase, the time of transfer of ownership, construction works.
2. Request the lessees to buy payment of rent to buy according to the duration and the method of contract agreement.
3. Request the lessees to buy provides information about the actual condition of the home, the construction works in the period purchased.
4. Request the lessees to buy in damages due to the fault of the lessees to buy cause.
5. Other rights prescribed by law.
Article 35. Obligations of the lessor to buy houses, buildings 1. Provide full information, honest home, construction work and is responsible for the information provided by themselves.
2. Home Delivery, the construction work on time, quality agreed in the contract attached to the record of the House, and construction manual.
3. Transfer of ownership, construction works for the lessees to buy at the end of lease purchase or by agreement in the contract.
4. Ensure the quality, construction works in the period purchased according to the provisions of the law on construction or agreement of the parties in the contract.
5. Compensation for damage caused by his fault.
6. Service tax, other financial obligations prescribed by law.
7. other obligations prescribed by law.
Article 36. Rights of lessees to buy houses, buildings 1. Got home, construction work in accordance with contractual agreements; use, construction works in the period purchased.
2. get home ownership, are buying rental buildings at the end of the rental period or before the end of lease purchase under the agreement of the parties in the contract.
3. Lease back part, the entire home construction, or transfer the right to buy a house rental, construction works to third parties but must be the consent of the lessor.
4. Request the lessor purchased provide the documentation, instructions for use and guarantee the quality, construction work in the lease purchase in accordance with the law on building or the agreement of the parties in the contract.
5. Request the lessor purchased transferred ownership of the House, buildings associated with the land use right and the profile attached.
6. Request the lessor purchased in damages due to the fault of the lessor to buy cause.
7. Other rights prescribed by law.
Article 37. Obligation of the lessees to buy houses, buildings 1. In the period must preserve, home use, right of construction capacity, design and contractual agreements.
2. Renovation and repair of houses, buildings, requiring the consent of the lessor.
3. Payment of rent buy House, built according to the duration and the method of contract agreement.
4. Perform the obligations when purchasing rental contract expires.
5. Compensation for damage caused by his fault.
6. other obligations prescribed by law.
Chapter III the LAND USE BUSINESS Article 38. Investment in infrastructure, the Land Fund established to transfer, lease 1. Organizations, business personal property be invested to establish the Land Fund has the infrastructure to transfer, rent by the following form: a) reclamation investment and build the infrastructure works to transfer, lease of land had the infrastructure;
b) investment in infrastructure works on the land of the assignee to the assignor, land infrastructure, hire;
c) infrastructure investment on the land rent to lease the land already has the infrastructure.
2. The investment created the Land Fund already has the infrastructure to transfer, the right hire fit with planning, land use planning, building planning and related laws.
Article 39. Assignment of lease land use 1. Land use right transfer, rental only when meets the conditions specified in paragraph 2 of article 7 of this Law.
2. The transfer, lease of land use is done by the following form: a) the agreement between the parties;
b) auction of land use.
3. The transfer, leasing of land use rights must be established under the provisions of this law and the provisions of relevant laws.
Article 40. Rights and obligations of the parties to the transfer of land use rights 1. The transfer of land use right parties have the following rights: a) the assignee to payment of money by the deadline and method agreed in the contract;
b) requires parties to the assignee received the land in accordance with the time limit agreed in the contract;
c) requires parties to the assignee in damages due to the fault of the party assignee cause;
d) terminate or cancel the contract when the transfer side violated the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law;

DD) other rights prescribed by law.
2. the transfer of land use right Side have the following obligations: a) provides full information, honest about the land use rights and responsibility for the information provided by themselves;
b) assigns to the assignee in accordance with contractual agreements;
c) procedure and delivered papers on land use rights to the assignee;
d) compensation for damage caused by his fault;
DD) service tax, other financial obligations prescribed by law;
e) other obligations prescribed by law.
Article 41. Rights and obligations of the parties to accept the transfer of land use rights 1. The party receiving the transfer of land use rights has the following rights: a lateral transfer) requirements to provide information in full, honest about the land use rights are transferred and is responsible for the information provided by the parties transfer;
b) requires parties to the assignment procedure and delivered papers on land use;
c) requires parties to transfer land in the right area, land class, soil type, location, land status, number and other agreements in the contract;
d) terminate or cancel the contract when the transfer side violated the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law;
lateral transfer request) in damages due to the fault of the party cause alienation;
e) other rights prescribed by law.
2. the party receiving the transfer of land use rights has the following obligations: a) mining, land use right purpose, planning, land use planning, projects and agreements in the contract;
b) payment to the assignee under time and method of payment agreed in the contract;
c) compensation for damage caused by his fault;
d) other obligations under the provisions of the law.
Article 42. Rights and obligations of the lessor of land use 1. Land use rental parties have the following rights: a) the mining lease, land use in accordance with purpose, planning, land use planning, projects and agreements in the contract;
b) require payment of rent under the lease and the method agreed in the contract;
c) require party leaving the ground when most of the time limit under the lease;
d) terminate or cancel the contract when hiring party violated the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law;
DD) requesting lessees in damages due to the fault of the party cause;
e) other rights prescribed by law.
2. the lessor of land use has the following obligations: a) provides full information, honest about the land use rights and responsibility for the information provided by themselves;
b) land for lease agreements in accordance with the contract;
c) test, the lateral protection rental requirements, keeping the soil and land use for your purposes;
d) compensation for damage caused by his fault;
DD) service tax, other financial obligations prescribed by law;
e) other obligations prescribed by law.
43 things. The rights and obligations of lessees of land use 1. Lessees of land use has the following rights: a) lessor required to provide full information, honest about the land use rights are for hire and is responsible for the information provided by the lessor;
b) requested Parties to properly land rental area, land class, soil type, location, land status, number and other agreements in the contract;
c) extraction, use of land rent and enjoy the fruits of labor, investment on land leased by the deadline and the agreement in the contract;
d) request Parties for free rental, rent reduction in case of force majeure;
DD) terminate or cancel the contract when the lessor violates the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law;
e) request the lessor compensation for damage caused by the fault of the lessor cause;
g) other rights prescribed by law.
2. Lease land use rights have the following obligations: a) mining, land use right purpose, planning, land use planning, projects and agreements in the contract;
b) payment for the rental party according to deadlines and methods agreed in the contract;
c) preserving the land, not to soil ruined;
d) return the ground rent lease expiry;
DD) compensation for damage caused by his fault;
e) other obligations prescribed by law.
Chapter IV BUSINESS SERVICES REAL ESTATE REAL ESTATE BROKER category 1 Article 44. Principles of real estate brokerage activities 1. Organizations and individuals are eligible to the provisions in clause 2 and clause 3 in article 8 of this law was the business of real estate brokerage services (hereafter referred to as the Organization, personal real estate broker), brokered in the negotiation, Contracting and real estate business are remuneration the Commission, according to real estate brokerage contract.
2. real estate brokers are openly, honestly and in compliance with the law.
3. organizations and individuals, real estate broker, was not at the same time both the broker just a party to perform the contract in a real estate business transactions.
Article 45. Real estate broker content 1. Looking for partners to meet the customer's conditions to join negotiations, signing the contract.
2. authorized representative to perform the work related to the real estate business.
3. Provide information, support for the parties in the negotiation, a contract for the sale, transfer, lease, lease to purchase real estate.
Article 46. Real estate broker remuneration 1. The Organization, personal real estate broker enjoys an honorarium from the brokerage customers do not depend on trading results, transfer, hire, hire-purchase of real property between customer and third persons.
2. The level of remuneration by real estate brokers agreed in the contract not to depend on the price of the transaction was broker.
Article 47. Real estate broker commissions 1. The Organization, personal real estate broker is entitled to a Commission according to the brokerage contract when the party is contracted to buy brokers to sell, transfer, rent, rent to buy property.
2. The level of Commission property by the parties to the agreement according to the percentage of the contract value for the sale, transfer, lease, rent to buy property or a percentage of the value difference between the selling price and the price of real estate people are giving brokers or a specific amount because the parties agreed in the contract of the real estate broker.
Article 48. The Organization's rights, personal property broker 1. Implementation of real estate brokerage services under the provisions of this law.
2. Ask the customer to provide the records, information and documents related to real estate.
3. Brokerage Commission, remuneration under the agreement broker in real estate brokerage contracts signed with clients.
4. the Organization, Hire individuals to other brokers do the job real estate broker within the real estate brokerage contracts with customers but is responsible to the client about the results.
5. Collect information on policies, laws on real estate business.
6. Terminate or cancel the contract property brokers when customers violate the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law.
7. Select join transaction property.
8. Complaints, accusations of violations of the law in real estate brokerage activities.

9. Other rights prescribed by law.
Article 49. Obligations of the Organization, personal property broker 1. Make the right real estate broker contract signed.
2. Provide the information about the property is brought into the business and be responsible for information provided by themselves.
3. to assist the parties in the negotiation, signing a contract for the sale, transfer, lease, lease to purchase real estate.
4. Prepare a report under the provisions of the law and subject to inspection by competent State bodies.
5. Compensation for damage caused by his fault.
6. Service tax, other financial obligations prescribed by law.
7. other obligations prescribed by law.
Article 50. Real estate broker certificate 1. Individuals are certified real estate broker when the following conditions: a) Has the capacity for civil acts in full;
b) Were trained on real estate brokerage;
c) Has application for certificate of real estate brokers.
2. Application for certificate of real estate broker included: a) application level real estate broker certificate certified by the province people's Committee, the place of residence of the refugee certificate, accompanied by photos of certificate applicants;
b) copy of certificate of the passed training on real estate broker.
3. the people's committees of the province, the city of centrally directed and organized the certified real estate broker.
4. The Government specifies the training of real estate brokerage; granted, revoked the certificate of real estate brokerage and management of real estate brokerage practice.
REAL ESTATE VALUATION item 2 Article 51. Principles of real estate valuation activities 1. Individual organizations as business services real estate appraiser must have the conditions specified in paragraph 2 of article 8 of this Law (hereinafter referred to as the Organization, personal property valuation).
2. The valuation of real estate is based on the specifications, the nature, the location, the scale, the status of the property and the fair market value at the time of valuation.
3. The valuation of real property must be independent, impartial, honest and law abiding.
Article 52. Real estate appraiser certificate 1. Real estate appraiser certificate include the following content: a) the valuation of real estate;
b) position, the scale of the property;
c) the nature and status of the property;
d) legal status of the property;
DD) The limit of the property;
e) property valuation methods;
g) time of valuation of real estate;
h) the price of the property;
I) other contents.
2. valuation of property deed is grounded to the right side of reference when negotiating the sale price, and the decision to transfer, lease, lease to purchase real estate.
3. valuation of property deed established three copies, the same legal value, the two copies delivered to customers, a store in the Organization, personal property appraiser.
Article 53. The Organization's rights, personal property valuation of 1. Implementation of real estate valuation services under the provisions of this law and the provisions of relevant laws.
2. Ask the customer to provide information and documents relevant to the property as the basis for the valuation.
3. Collect information on policies, laws on real estate business.
4. Ask the customer to pay the service under the agreement in the contract.
5. Hiring a personal organizer, other valuation made the valuation of real property within the property valuation of contracts with customers but is responsible to the client about the results.
6. Terminate or cancel the contract property valuations when customers violate the conditions to terminate or cancel the contract by the two parties to the agreement in the contract or prescribed by law.
7. Other rights prescribed by law.
Article 54. Obligations of the Organization, the individual property valuation of 1. Implementation of the agreement according to the valuation of real estate contracts with customers.
2. Delivery of deed to real estate valuation for customers and responsible for the deed.
3. professional liability insurance for property valuation.
4. Prepare a report in accordance with the law; subject to inspection, inspection of the competent State bodies.
5. store the records, documents on valuation of real estate.
6. Compensation for damage caused by his fault.
7. Service tax, other financial obligations prescribed by law.
8. other obligations prescribed by law.
Article 55. Real estate appraiser certificate 1. Individuals are certified real estate appraiser when there are enough of the following conditions: a) Has the capacity for civil acts in full;
b) from college;
c) were trained on valuation of real estate;
d) Has application for certified property valuation.
2. Application for certified property valuation including: a) application level real estate appraiser certificate certified by the province people's Committee, the place of residence of the refugee certificate, accompanied by photos of certificate applicants;
b) college diploma copy;
c) a copy of the certificate already through training on valuation of real estate.
3. the people's committees of the province, the city of centrally directed and organized the certified real estate appraiser.
4. The Government specifies the training on valuation of real estate; grant, revoke the certificate in property valuation and the management of real estate valuation practice.
Section 3 PROPERTY TRANSACTION 56 Articles. Principles of organization and operation of the real estate trading floor 1. The Organization, personal property, business organization, business personal property services are established property trading or trading floor rental property of the Organization, the other individual to serve the real estate business.
2. the property right trading is legal. Business case, business cooperatives established real estate property trading, the trading floor it must have legal personality or legal use of cooperative enterprises in real estate business to operate.
3. Operation of the real estate transaction must openly, transparently and in compliance with the law.
4. the real estate transaction, business, business cooperatives established real estate property trading is responsible for the operation of the real estate transaction.
5. real estate transaction must have the name, address, and signage to inform about the establishment on the mass media; before the operation must inform the State Agency of the local authorities.
Article 57. Conditions established real estate trading floor 1. Meet the conditions prescribed in item 2 article 8 of this law.
2. Regulation of the activity of real estate trading floor.
3. the base material, conform with the technical content of the activity of real estate trading floor.
4. the Manager, operating real estate trading floor meets the conditions set by government regulations.
Article 58. Active content of property trading 1. Traded, transfer, rent, rent to buy property.
2. real estate brokers.
3. Valuation of real estate.
4. the real estate consultant.
5. real estate ads.
6. real estate auction.
7. real estate management.
Article 59. Real estate business through trading property 1. Organizations, business personal property when the sale, transfer, lease, lease to buy real estate through real estate transaction under the provisions of this law.

2. the State encourages the organisation of personal, not business real estate property transactions made through real estate transactions to ensure publicity, transparency and the interests of the parties.
Article 60. The authority of the Manager, operating real estate trading floor 1. Manager, operations of the real estate transaction.
2. Requests the competent State bodies to provide information related to real property under the provisions of the law.
3. Ask the customer to provide information and documents about the property is brought onto the trading floor of the property.
4. Refuse to put up real estate transactions the real estate is not eligible to put into the business.
5. Collect customer service has the property listed on the real estate transaction.
6. Customer requests for compensation for damages due to the fault of the customer caused.
7. Other rights prescribed by law.
Article 61. The duty of the Manager, operating real estate trading floor 1. Ensure the property is brought onto the trading floor to be qualified to take on the business.
2. Provide a full, honest information, documents related to real estate and responsible information, documents provided by themselves.
3. Provide real estate services in the real estate transaction.
4. Ensuring the physical, technical and operational conditions of the real estate transaction.
5. the guarantee to property trading correct functioning of registered content; implementation reporting under the provisions of the law and subject to inspection by competent State agencies; implementation of tax obligations, other financial obligations prescribed by law.
6. Compensation for damage caused by his fault.
7. other obligations prescribed by law.
Article 62. Rights and obligations of the Organization, individuals involved in property transactions floor 1. The Organization, individuals involved in property transactions floor has the following rights: a) the requirement to provide information and documents related to real estate;
b) required to provide real estate services;
c) require property transactions floor in damages due to the fault of the trading real estate caused;
d) other rights prescribed by law.
2. organizations and individuals involved in property transactions floor has the following obligations: a) the implementation of active regulation of the real estate transaction;
b) paid service for real estate transactions;
c) compensation for damage caused by his fault;
d) other obligations under the provisions of the law.
Section 4 OTHER REAL ESTATE SERVICES in Article 63. Real estate consultant 1. The Organization, individuals when business consulting service to real estate have the conditions specified in paragraph 2 of article 8 of this Law.
2. Business content real estate counselling services include: a) legal advice on real estate;
b) advice on the creation of the investment, the real estate business;
c) advice on property finance;
d) advice on real estate prices;
DD) advice on the purchase, transfer, rent, lease purchase real estate;
e) advice on other content related to real estate.
3. The content, the range of advice, rights and obligations of the parties, the price of real estate consulting services because the parties agreed in the contract.
4. Organization, business personal property consulting services are responsible for the content provided by his counsel and compensation for damage caused by his fault.
Article 64. Real estate auction 1. The Organization, individuals when trading real estate auction services must have the conditions specified in paragraph 2 of article 8 of this Law.
2. real estate auction must be made according to the principles of publicity, honest, protect the legitimate rights and interests of the parties.
3. Form of the real estate auction include: a direct verbal);
b) vote;
c) forms by the parties to the agreement or by law.
4. Organization, business personal property auction service to publicize, complete, accurate information about the property listed for auction sale by individual organizations, transfer of real estate to offer.
5. The form and content of the auction property, rights and obligations of the parties, the price real estate auction services because the parties agreed in the contract.
6. The organization, business personal property auction service is responsible for implementing the commitment in the contract and compensation for damage caused by his fault.
7. The real estate auction must according to the provisions of this law and the law on the auction.
Article 65. Real estate advertising 1. The Organization, individuals when trading real estate advertising services must have the conditions specified in paragraph 2 of article 8 of this Law.
2. real estate advertising made through real estate trading floor, on the mass media or other means.
3. The form and content of advertising, the rights and obligations of the parties and reviews real estate ad service by the parties to the agreement in the contract.
4. Organization, business personal property advertising services is responsible for implementation of commitments in the contract and compensation for damage caused by his fault.
5. The real estate ads must follow the provisions of this law and the law on advertising.
Article 66. Property management 1. Individual organizations as business services real estate management must have the conditions specified in paragraph 2 of article 8 of this Law.
2. content of business property management services include: a) to sell, assign, rent, rent to buy property under the authorization of the owner, the use of real property;
b) provides the service to ensure the normal operation of the real estate;
c) perform maintenance, property repairs;
d) management, monitoring, exploitation, using the customer's property in the correct function, design and contract;
DD) make the rights and obligations with respect to customers, with the State under the authorization of the owner, the use of the property.
3. The content, the scope of management of property, rights and obligations of the parties and the price of property management services by the parties to the agreement in the contract.
4. Organization, business personal property management services is responsible for the management of real property under contract and compensation for damage caused by his fault.
Chapter V REAL ESTATE BUSINESS CONTRACT, CONTRACT of the REAL ESTATE SERVICES BUSINESS Article 67. The type of the real estate business contract, contract of the real estate services business 1. Real estate sales contract including: a) home purchase contract, the construction work;
b) transfer of land use rights;
c) real estate rental contracts;
d) lease purchase homes, building construction.
2. Contract business real estate services include: a) the real estate brokerage contract;
b) property valuation of contracts;
c) property consultancy contracts;
d) real estate auction contracts;
DD) real estate advertising contracts;
e) property management contract.
3. real estate sales contract, contract of the real estate services business must be made in writing; the notary, certified real estate business contract by the parties to the agreement, unless otherwise specified by law; the signing of the contract are subject to the provisions of this law, the civil code and the provisions of relevant laws.
Article 68. The price for the sale, transfer, lease, hire purchase and real estate price real estate services business 1. The price for the sale, transfer, lease, rent to buy property because the parties to the agreement, through auctions or as specified by law.

The parties in the contract agreement, the choice of third party determine the price of the sale, transfer, lease, lease to purchase real estate; for the property in the project are entitled to the State's incentives to serve the policy object, the State regulation framework or principles that form the property prices.
2. The price of the real estate services business due to the parties to the agreement; case of non-agreement, determining the right price based on the market value of the services of the same type at the time of signing the contract and perform services.
3. During implementation of the contract, where there is prior agreement about the price adjustment in the contract, when there are changes affecting the price specified in the contract, the parties may contract price adjustment agreement.
Article 69. Paid in real estate transactions 1. The payment of the real estate transaction by the parties to the agreement choice according to the following method: a) payment via credit institutions operating in Vietnam;
b) direct payment to the seller, by the assignee, lessor, lessor purchasing real estate.
2. The payment of the real estate transaction by the parties to the agreement in the contract in the form of pay, pay or deferred, the advance payment.
Article 70. Home purchase contract, construction 1. Home purchase contract, the construction work includes the following: a) the name, address of the seller and the buyer;
b) information about the House, construction work prescribed in clause 3 article 11 of this law;
c) Purchase Price;
d) the method and time limit for payment;
DD) time limit for delivery, got home, construction works and records;
e) rights and obligations of the parties;
g) warranty;
h) dispute resolution;
I) other contents by the parties to the agreement or by law.
2. in case of sale of the House, built in the form of application money in advance, deferred payment, then the home purchase contracts, construction must guarantee the principles stipulated in article 14 of this law.
Article 71. Transfer of land use rights 1. Transfer of land use rights include the following: a) the name, address of the parties to the assignment and the assignee;
b) information on the right to use the land as stipulated in paragraph 3 article 11 of this law;
c) Transfer Pricing;
d) the method and time limit for payment;
DD) time limit for delivery, pick up and land records;
e) rights and obligations of the parties;
g) dispute resolution;
h) other contents by the parties to the agreement or by law.
2. The transfer of land use rights in the form of deferred payment, the transfer of land use rights must ensure the principles stipulated in article 14 of this law.
Article 72. Real estate lease real estate rental contracts include the following: 1. The name, address of the lessor and lessees;
2. The information about real property as defined in paragraph 3 article 11 of this law;
3. real estate rental;
4. The method and time limit for payment;
5. real estate rental period; the time limit for delivery, get real estate;
6. The rights and obligations of the parties;
7. Request the responsible use and repair, renovate (if available);
8. Processing of the property on the land rent (if any);
9. Ask about the condition of the property when returning the lessor;
10. Dispute resolution;
11. Other content due to the parties to the agreement or by law.
Article 73. Lease purchase homes, buildings 1. Lease purchase homes, buildings include the following content: a) the name, address of the party to hire purchase and lease purchase;
b) information about the House, construction work as defined in paragraph 3 article 11 of this law;
c) hire-purchase Price;
d) the method and time limit for payment;
purchase rental period);
e) agreement on the transfer of ownership, construction work before the expiry of the hire-purchase (if any);
g) time of delivery, construction works;
h) time, conditions and procedure for the transfer of ownership of the home, buildings for lease to buy;
I) the rights and obligations of the parties;
k) dispute resolution;
l) other contents by the parties to the agreement or by law.
2. The lease purchase homes, buildings must be notarized.
Article 74. Real estate brokerage contracts contracts of real estate broker included the following: 1. The name, address of the broker side and side are broker;
2. Object and content broker;
3. Request and results brokerage services;
4. The time limit for performing broker;
5. Remuneration, broker Commission;
6. Method, the time limit for payment;
7. Rights and obligations of the parties;
8. Dispute resolution;
9. Other content due to the parties to the agreement or by law.
Article 75. Property valuation of contract contract property valuation include the following: 1. The name, address of the requesting party and party evaluation;
2. Real estate valuation;
3. The time limit and the progress made;
4. price valuation services;
5. Method, the time limit for payment;
6. The rights and obligations of the parties;
7. Dispute resolution;
8. Other content due to the parties to the agreement or by law.
Article 76. Real estate consultant contracts contracted property consultants covering the following: 1. The name, address of the parties counsel and parties to ask for advice;
2. The content, the scope of advice;
3. The duration, progress consulting services;
4. Prices advice services;
5. Method, the time limit for payment;
6. The rights and obligations of the parties;
7. Dispute resolution;
8. Other content due to the parties to the agreement or by law.
Article 77. The contract auction real estate auction real estate contracts include the following: 1. Name, address, auction party and the party requesting the auction of real estate;
2. Real Estate Auction;
3. The time, place, form of auction the auction;
4. the starting price of the property offered for auction;
5. The time limit, the progress made;
6. price auction services;
7. Method, the time limit for payment;
8. The rights and obligations of the parties;
9. Dispute resolution;
10. Other content due to the parties to the agreement or by law.
Article 78. Real estate advertising contract contract property ads include the following: 1. The name, address of the business side of advertising services and advertising requirements of real estate;
2. The property being advertised;
3. The form and content, range, real estate advertising media;
4. place, time, duration of advertising real estate;
5. The prices of advertising services;
6. Method, the time limit for payment;
7. Rights and obligations of the parties;
8. Dispute resolution;
9. Other content due to the parties to the agreement or by law.
Article 79. Property management contract contract property management include the following: 1. The name, address of the party management and property management rental party;
2. Property is managed;
3. content and scope of property management;
4. Requirements for the property management side;
5. The price management services;
6. Method, the time limit for payment;
7. Rights and obligations of the parties;
8. Time limit for property management;
9. Dispute resolution;
10. Other content due to the parties to the agreement or by law.
Chapter VI ENFORCEMENT of the TERMS of Article 80. Effect of this Law has effect from January 1, 2007.
Article 81. Government enforcement guide detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam tags XI, session 9 through October 6, 2006.