Open Access Research Article
DEVELOPER STATUS AS A REGULATED POSITION: GATEKEEPING AND RISK ALLOCATION IN THE TRANSFER OF REAL ESTATE PROJECTS IN VIETNAM
Abstract
Transferring a real estate project
does not merely move property from one company to another: it hands over a
position that the State itself created, the status of developer. This article
treats that position as a regulated asset and asks how Vietnamese law allocates
the public, market and private risks that accompany its transfer. Using
doctrinal, historical, comparative and normative analysis, it examines the Law
on Real Estate Business No. 29/2023/QH15 and Decree No. 96/2024/ND-CP together
with the Law on Investment No. 143/2025/QH15, the Land Law No. 31/2024/QH15 and
the tax guidance applied to transfers. It argues that the 2023 reforms moved
scrutiny from paperwork to the substantive legal status of the project and the
capacity of the transferee, yet five stress points remain: open-textured
thresholds, a deadlock over mortgaged projects, dual-track procedures, an
unmonitored share-transfer route and weak deterrence. A limited reference to
China and to the draft amendments under consideration in 2026 informs a package
of staged reforms. The analysis is doctrinal and calls for later empirical
testing.
Published Paper
Author Details
Authors: NGUYEN LE PHUONG ANHRegistration ID: 1013333 | Published Paper ID: IJLRA13333Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 838- 854
Article Information
DEVELOPER STATUS AS A REGULATED POSITION: GATEKEEPING AND RISK ALLOCATION IN THE TRANSFER OF REAL ESTATE PROJECTS IN VIETNAM
Authors: NGUYEN LE PHUONG ANH
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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