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Lawyer in Ha Noi
REAL ESTATE LAWYER IN HA NOI
Real Estate Legislation is a set of laws in the Viet Nam legal system which includes a synthesis of legal regulations that govern the land, houses, constructions relations formed in the process of possession, use, and disposition of those properties.

Due to the fact that real estate is a valuable property, transaction related to real estate contain many legal risk that investor, individual, organization involved in may carry. Understanding that situation, Ha Noi Real Estate Lawyer always strives to improve to be able to give clients the highest assurance and trust in the legal services we provide through the article below.

 

1. What is real estate?

According to Clause 1 Article 107 of Vietnam Civil Code 2015, “real estate” includes:

  • Land;
  • House and constructions attached to land;
  • Other property attached to land, houses and constructions;
  • Other property as prescribed by law.

 

2. What are common dispute over real estate?

It is clear that real estate represents a significant portion of most people's wealth, and this is especially true for people in Vietnam. Moreover, “real estate” currently has became the the most concerned legal topic of individuals and businesses when disputes related to real estate occur frequently, such as:

  • Disputes related to ownership and right to use real estate
  • Disputes arising from asking the person in the name of the household to buy real estate
  • Disputes from contracts of deposit, purchase, sale, lease, transfer, donation, capital contribution... real estate
  • Disputes over common paths, adjoining real estate...
  • Disputes from divorce, inheritance related to real estate division
  • Disputes related to real estate with investors of commercial and social housing projects
  • And many other dispute over real estate.

3. What does a real estate lawyer in Ha Noi do?

a. Counseling on real estate transaction:

  • Deposit, buying, selling, leasing land, houses;
  • Deposit, purchase, sale, transfer, lease of land and constructions on the enterprise's land inside and outside the industrial zones;
  • Land allocation and land lease transactions between individuals and the State, enterprises and the State for production, business, project implementation...;
  • Real estate project transfer;
  • Capital contribution transactions, purchase and sale of companies related to real estate;
  • Mortgage transactions, real estate mortgage clearance at the Bank...;
  • Inheritance, making wills related to real estate;
  • Division of divorce assets related to real estate;
  • ...

 

b. Counseling on real estate procedures:

  • Counseling on legal provisions, procedures, and application dossier for a land use right certificate;
  • Counseling on legal provisions, procedures, and application dossier for transferring of land use rights; 
  • Counseling on and drafting documents, dossiers to resolve legal issues related to clearance, support, and resettlement;
  • Counseling on documents and procedures for changing land use purposes;
  • Counseling on documents and procedures for real estate project transfer;
  • Counseling on documents and procedures for inheritance and wills related to real estate;
  • Counseling on documents and procedures for divorce related to real estate;
  • Counseling on documents, order and procedures to initiate lawsuits to settle real estate disputes...;
  • ...

 

c. Counseling on real estate dispute:

  • Counseling on legal status related to real estate disputes;
  • Counseling solutions to resolve disputes related to real estate;
  • Advising on conciliation cases when there is a dispute related to real estate;
  • ...

 

d. Drafting dossier related to real estate

  • Drafting/editing contracts, agreements, memorandums of understanding (MOU)… for real estate-related transactions;
  • Drafting/editing dossier for administrative procedure  related to real estate;
  • Drafting/editing wills related to real estate.
  • ...

 

e. Represent, protect Clients, and resolve real estate disputes

  • Representing and/or defending the interests of claimants during the administrative complaint or real estate disputes resolution at state administrative agencies such as district-level People's Committees, and provincial-level People's Committees in Ha Noi;
  • Representing and/or defending the interests of claimants to resolve arising issues related to clearance, support, and resettlement arrangements;
  • Representing and/or defending the interests of claimants during the real estate disputes resolution at the courts of first instance and appellate courts;
  • Representing to implement administrative procedures related to real estate;
  • Represent, jointly negotiate and sign transactions related to real estate.

 

4.  What are required skills of a real estate Lawyer?

Arising issues related to real estate, once residents and businesses find a lawyer, it means that the case is highly complicated. Therefore, to resolve real estate legal issues effectively and meet the requirements of people and businesses, a land lawyer must have specific and basic skills such as:

  • Researching and evaluating the dossiers skill;
  • Evidences and dossiers collecting skill;
  • Logical thinking and legal thinking skill;
  • Legal provisions analyzing and synthesizing skill;
  • Communicating and working with competent authorities skill;
  • Mediation and persuasion skill;
  • Expressing opinions in spoken and written language skill.

 

5. Why should you retain a real estate Lawyer in Ha Noi?

There is a fact that not all residents and businesses understand clearly the legal provisions related to real estate. 

Although it is possible to search for information on the internet, it must be affirmed that not all problems can be solved by people and businesses by themselves, both legally and optimally protecting their legitimate rights and interests. Doing something you don't understand yourself will waste a lot of time, effort, and money. At this time, retaining a real estate Lawyer in Ha Noi is necessary, because: 

  • Real estate Lawyers in Ha Noi are knowledgeable about Land law, related law fields and have extensive practical experiences in Counseling legal issues, participating in real estate dispute resolution;
  • Clients will be advised on legal regulations related to land, legal risks that may be encountered, and appropriate solutions to minimize legal risks;
  • Clients will save time, effort, and, money when carrying out administrative and procedural procedures at competent state agencies;
  • The cost of hiring real estate Lawyers in Ha Noi is diverse, suitable for each client's needs and financial situation.

 

6. Phong & Partners Law Firm provides real estate Lawyers service in Ha Noi

Phong & Partners Law Firm is guaranteed to be a reliable firms, always following up on real estate issues to update clients on a regular basis. 

With a team of lawyers and legal specialists who are well-trained, and have many years of experience in providing legal services to many individuals and enterprises, Phong & Partners Law Firm is increasingly trusted by individuals and business community when they need professional advice, especially in real estate disputes. 

Besides providing direct services for individuals and businesses in Ha Noi, Phong & Partners Law Firm also providing online real estate Counseling Lawyer service for Clients who in need.  

 

6.1. Advantages of using online real estate Counseling Lawyer in Ha Noi

In fact, many people are still confused when using online real estate Counseling Lawyer service. Especially real estate issues that need a lot of time and money to solve. Therefore, choosing the service of a real estate lawyer in Ha Noi online will bring Clients many benefits. In the era of global Internet coverage, the online real estate Counseling Lawyer service of Phong & Partners in Ha Noi will solve problems of not only far geographical distance but also time consuming for Clients with the following advantages:

  • Flexible with time, even available for consultation after hours;
  • Flexible in terms of time, can even be consulted outside office hours;
  • Does not depend on regional space;
  • There are many choices of Counseling lawyers. Thus, it is possible to find a lawyer with real professional capacity, experience, and ethics;
  • Clients have the right to video and audio record the advice of lawyers;
  • Many employees in the company/family can participate in listening to lawyers through Zoom or Google Meet;
  • All information will be kept confidential;
  • Be transparent about service fees.

 

6.2. 05 issues to do when using online real estate Counseling Lawyer service

To ensure the quality of online lawyers, clients need to:

  • Requesting a qualified and experienced lawyer to directly advise - request the service provider to provide sufficient information about the online lawyer;
  • Requesting lawyers and law-practicing organizations to be responsible for Counseling content;
  • Requesting to be recorded, videotaped the entire Counseling content;
  • Agreeing on the online lawyer fee in advance;
  • Refusing to receive advice when the consultant is not a lawyer or is not a lawyer that he/she has registered for advice.

 

6.3. Online consultation process at Phong & Partners Law Firm

When using online Counseling services at Phong & Partners Law Firm, customers need to follow the following process:

  • Step 1: Contact Phong & Partners Law Firm and book your appointment via:

Phone number: 0236.3822678 - 0905 794 678

Email: phongpartnerslaws@gmail.com

  • Step 2: Client provides basic requirements and preliminary information related to the case.
  • Step 3: The client will be provided a detailed Counseling quotation.

Note: In case the client agrees to use the service,  proceeding to the next steps.

  • Step 4: Clients pay Counseling fees before scheduling their Counseling appointment
  • Step 5: The lawyer would consult online based on the client’s appointment schedule or send the Counseling letter to the Clients.
  • Step 6: Clients feedback on Counseling results and fulfill payment obligations (if any).

 

7. Relative questions

(1) Can the land in the planning be granted a red book?

https://phong-partners.com/dat-dai-nha-o/xin-cap-giay-chung-nhan-giay-phep/dat-nam-trong-quy-hoach-co-duoc-cap-so-do-1189.html 

(2) Is building a house on planned land compensated when the state recovers the land?

https://phong-partners.com/dat-dai-nha-o/giai-toa-den-bu/xay-nha-tren-dat-da-quy-hoach-co-duoc-boi-thuong-khi-nha-nuoc-thu-hoi-dat-1188.html 

(3) Can overseas Vietnamese receive a donation of land use rights?

https://phong-partners.com/viet-kieu-co-duoc-nhan-tang-cho-quyen-su-dung-dat-khong

(4) Is land using common paths, when clearing be compensation?

https://phong-partners.com/dat-dung-lam-loi-di-chung-khi-giai-toa-co-duoc-den-bu

(5) Is it allowed to sell land that is mortgaged at a bank?

https://phong-partners.com/co-duoc-phep-ban-dat-dang-duoc-the-chap-tai-ngan-hang-khong

 

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