What the investor needs to understand
- Land in Vietnam belongs to the entire people and is administered by the State. Investors hold land-use rights, not freehold title.
- A foreign-invested company has fewer ways to obtain land than a domestic company. The main lawful routes are listed below; which one is available depends on the project. Case-specific legal review required.
- A valid registered address and lawful premises are needed for the ERC; a lawful right to use the site for the specific activity is needed before operations.
Key items
| Topic | What the investor needs to know | When it matters | Authority |
|---|---|---|---|
| Office lease | Lease from an owner entitled to lease; building use must be office / commercial (not residential apartment). Keep the landlord's title documents | ERC (registered address) and operation | Confirm with counsel |
| Industrial park / zone sublease | Sublease land or lease ready-built factory from the zone developer. Check: developer's land payment method (one-off vs annual rent affects your rights), zone's permitted industries, remaining term | IRC (site documents) and construction | Zone Management Board; developer |
| Land lease from the State | Foreign-invested companies generally lease (annual or one-off rent) rather than being allocated land, except for certain housing projects (confirm under Land Law 2024 with counsel) | After Investment Policy Approval / IRC | Provincial People's Committee; land authority |
| Auction / bidding for land | See R3. Eligibility and deposit rules apply | Before land lease | Provincial authorities |
| Taking over land through a project transfer | See R7. Conditions under land, investment and real estate business law | Project acquisition | Land registration authority |
| Land contributed by a Vietnamese JV partner | Possible only for certain land types held by the partner (confirm with counsel). | JV structuring | Land authority |
| Sensitive locations | Land in island, border, coastal or other national-defence / security areas triggers additional review (and the R6 M&A trigger) | Site selection; M&A | Provincial People's Committee with defence / public security input |
| Land-use right certificate and mortgage | Certificate evidences the right. Mortgage of land-use rights is generally possible only to credit institutions licensed in Vietnam (confirm with counsel). | Financing | Land registration office |
| Land term and extension | Project land term normally follows the project term (maximum: confirm with counsel); extension is by application | Modelling; renewal | Provincial People's Committee |
Common pitfalls
- Registering the company at a residential apartment.
- Signing with a sub-lessor who has no right to sub-lease.
- Assuming a foreign-invested company can buy land-use rights from households.
- Ignoring the difference between annual-rent and one-off-rent land when planning to mortgage or transfer.
Legal status reviewed as of 18 September 2026. Confirm current rules with counsel before acting.