Advisory Center for Affordable Settlements & Housing

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Vietnam Q&A About Real Estate and Mortgage

This document, explains in question-answer form, various issues in Vietnam like, real estate, tangible movable property, shares and financial instruments, claims and receivables, intellectual property, problem assets, commercial security, risk areas, commercial debt market, enforcement and insolvency and cross-border issues etc. There is no private ownership of land in Vietnam. Land is owned by the people and administered exclusively by the state. Land is allocated or leased by the state to individuals or organizations called land users. Sale or purchase of land or creation of a security interest over land is not permissible. Instead of owning land, land users have rights over land called land use rights, which represent the maximum ownership interest that users have in land. Sale, purchase or creation of a security interest over land use rights is generally permissible. A core feature of a mortgage is that the mortgagor retains the use and possession of the mortgaged property, provided the mortgagor maintains the property’s value and is prohibited from disposing of the property while the mortgage is in effect. This feature distinguishes a mortgage from a pledge (cãm co.).  As a result, a mortgage is typically taken in relation to not only immovable property, but also intangible property which is physically undeliverable.

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