Land and premises for a foreign-invested company in Vietnam

How a foreign-invested company can lawfully occupy land or buildings.

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

TopicWhat the investor needs to knowWhen it mattersAuthority
Office leaseLease from an owner entitled to lease; building use must be office / commercial (not residential apartment). Keep the landlord's title documentsERC (registered address) and operationConfirm with counsel
Industrial park / zone subleaseSublease 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 termIRC (site documents) and constructionZone Management Board; developer
Land lease from the StateForeign-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 / IRCProvincial People's Committee; land authority
Auction / bidding for landSee R3. Eligibility and deposit rules applyBefore land leaseProvincial authorities
Taking over land through a project transferSee R7. Conditions under land, investment and real estate business lawProject acquisitionLand registration authority
Land contributed by a Vietnamese JV partnerPossible only for certain land types held by the partner (confirm with counsel).JV structuringLand authority
Sensitive locationsLand in island, border, coastal or other national-defence / security areas triggers additional review (and the R6 M&A trigger)Site selection; M&AProvincial People's Committee with defence / public security input
Land-use right certificate and mortgageCertificate evidences the right. Mortgage of land-use rights is generally possible only to credit institutions licensed in Vietnam (confirm with counsel).FinancingLand registration office
Land term and extensionProject land term normally follows the project term (maximum: confirm with counsel); extension is by applicationModelling; renewalProvincial 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.

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