Law on Real Estate Business (Amended): Fewer Business Conditions, Stronger Buyer Protection

This is a draft before the National Assembly, not yet law. On the morning of 22 October 2026, at the 2nd Session of the 16th National Assembly, the Government submitted the draft amended Law on Real Estate Business. The Committee on Economic and Financial Affairs presented its examination report. As of 23 October 2026, the National Assembly had not yet voted. All current home purchase contracts are still governed by Law on Real Estate Business No. 29/2023/QH15.

Progress of the draft law

• Drafting agency: the Ministry of Construction. The draft dossier was posted for public comment on the Ministry's portal from early July 2026.
• Government direction to finalize: Resolution No. 278/NQ-CP dated 18 September 2026 assigned the Minister of Construction to finalize the dossier for submission to the National Assembly at the 2nd Session.
• Examination: the Committee on Economic and Financial Affairs carried out a preliminary examination on 29 September 2026 and presented its examination report to the National Assembly on 22 October 2026.
• Submission to the National Assembly: On 22 October 2026, Minister of Justice Hoàng Thanh Tùng, on behalf of the Prime Minister, presented the submission. The National Assembly discussed it in group sessions that day.
• Vote: has not yet taken place. The National Assembly will consider adoption during the 2nd Session; readers should follow the National Assembly's press releases for the official outcome.

The draft has 10 chapters and 61 articles, 22 fewer than the 2023 Law (83 articles). According to the submission, the draft cuts 4 of 12 administrative procedures, reviews and streamlines and shortens the processing time of 7 of 12 procedures, and cuts or simplifies 9 of 31 business investment conditions.

Notable proposals

1. Security for the final 5% of the contract

This is the most notable new point for buyers of off-plan homes. Current law allows the developer to collect at most 95% of the contract value before the buyer is issued a certificate. The draft adds a security mechanism for the remaining 5% of the value: this amount would be paid into a blocked account or handled as agreed by the parties. The examination committee recommends that the law clearly set out the principles for managing the money in the account and how risks are handled.

2. Deposits: still capped at 5%, recommended to be separated from capital mobilization

The draft published by the Ministry of Construction in July 2026 keeps the principle: the developer may receive a deposit of at most 5% of the sale price only when the home meets the conditions to be put on sale. The deposit agreement must state the sale price clearly (Clause 5, Article 18). The examination committee recommends clearly distinguishing deposits from capital mobilization, while also controlling other payments that are in essence capital mobilization before the permitted time.

3. A bank guarantee remains a condition before sales launch

Under the July 2026 draft (Article 20), before selling or leasing-to-purchase an off-plan home, the developer must still obtain a bank's agreement to issue a guarantee. The seller may not collect 100% of the contract value before the buyer is issued a Certificate. The specific payment thresholds in the final version will be determined when the National Assembly adopts the law.

4. Notarization and standard contracts

The July 2026 draft keeps the approach of current law. Contracts in which at least one party is a real estate business enterprise are notarized at the request of the parties. Contracts between individuals must be notarized or certified (Article 33). The developer must publish its standard contract on the Housing and Real Estate Market Information System before using it (Article 34). The examination committee recommends that the Government identify which cases truly need notarization and harmonize this point between the Housing Law and the Law on Real Estate Business. The committee also recommends clarifying the relationship between publishing standard contracts and the standard contract registration procedure under consumer protection law.

5. Project transfers: authority moves to the provincial People's Committee

For projects whose investment policy was approved by the Prime Minister, the draft assigns the provincial People's Committee to decide whether to permit the transfer of all or part of a project. The developer remains responsible for its commitments after approval. The examination committee recommends further study of cases where the developer cannot continue and a capable party takes over and inherits the financial obligations. In that case, the rights of customers who have already purchased need to be clearly protected.

6. Transaction process and electronic identification codes

The draft adds a framework for the transaction process and electronic identification codes for organizations, individuals and each property. The examination committee recommends that expanding the types of contracts that can be transferred be included in the law only once the practical basis and risk controls are clarified.

Current law vs. the draft

• Scale — Law on Real Estate Business 29/2023/QH15 (in force): 83 articles; Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: 10 chapters, 61 articles
• Deposit for off-plan homes — Law on Real Estate Business 29/2023/QH15 (in force): At most 5% of the sale price, only once business conditions are met (Clause 5, Article 23); Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: Keeps the 5% cap (July 2026 draft); recommended to be separated from capital mobilization
• Payments before a certificate is issued — Law on Real Estate Business 29/2023/QH15 (in force): First payment ≤ 30% (including the deposit); before handover ≤ 70% (≤ 50% if the seller is a foreign-invested enterprise); before the certificate is issued ≤ 95% (Article 25); Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: Adds a security mechanism for the remaining 5% via a blocked account or by agreement
• Bank guarantee — Law on Real Estate Business 29/2023/QH15 (in force): Mandatory before sale (Article 26); Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: Still mandatory (Article 20 of the July 2026 draft)
• Notarization — Law on Real Estate Business 29/2023/QH15 (in force): At request if one party is a real estate business enterprise; mandatory if the parties are individuals (Clauses 4, 5, Article 44); Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: Kept similar; the scope is being recommended for review
• Authority to transfer projects approved by the Prime Minister — Law on Real Estate Business 29/2023/QH15 (in force): Prime Minister (may delegate to the provincial People's Committee for partial transfers) (Article 41); Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: Provincial People's Committee
• Effect — Law on Real Estate Business 29/2023/QH15 (in force): From 1 August 2024; Draft Law on Real Estate Business (amended), submitted to the National Assembly on 22 October 2026: 2027, no specific date stated (Article 60 of the July 2026 draft)

What homebuyers should note

• A contract signed today is still governed by Law No. 29/2023/QH15. Under the draft, contracts established before the new law takes effect continue to be performed under the old law.
• Only pay a deposit when the project meets the conditions to be put on sale, and do not pay more than 5% of the sale price.
• Ask for a copy of the bank guarantee commitment when signing an off-plan home purchase contract.
• Compare the payment schedule against the 30% / 70% / 95% thresholds of current law.
• Look up the standard contract and project information the developer has published before signing.
• Follow the National Assembly's vote result before believing any "new regulation" cited by the seller.

Reference documents

• Law on Real Estate Business No. 29/2023/QH15, National Assembly, dated 28 November 2023 (effective from 1 August 2024 under Law No. 43/2024/QH15). Look up at: https://vanban.chinhphu.vn/?pageid=27160&docid=209624
• Draft dossier of the Law on Real Estate Business (amended), Ministry of Construction, posted for comment in July 2026: https://moc.gov.vn/vn/pages/chitietduthao.aspx?iDuThao=1004
• Resolution No. 278/NQ-CP dated 18 September 2026 of the Government: https://xaydungchinhsach.chinhphu.vn/chinh-phu-yeu-cau-khan-truong-hoan-thien-cac-du-an-luat-dat-dai-nha-o-kinh-doanh-bat-dong-san-sua-doi-119260920101326422.htm
• Preliminary examination, Committee on Economic and Financial Affairs, 29 September 2026 (People's Representative Newspaper): https://daibieunhandan.vn/tham-tra-so-bo-du-an-luat-dat-dai-sua-doi-va-du-an-luat-kinh-doanh-bat-dong-san-sua-doi-10432172.html
• Submission and examination report presented to the National Assembly on 22 October 2026 (Government Electronic Portal): https://xaydungchinhsach.chinhphu.vn/du-an-luat-kinh-doanh-bat-dong-san-sua-doi-de-nghi-mo-rong-cac-loai-hop-dong-duoc-chuyen-nhuong-119261022093700874.htm and https://baochinhphu.vn/quoc-hoi-nghe-bao-cao-ve-2-du-an-luat-nha-o-sua-doi-va-luat-kinh-doanh-bat-dong-san-sua-doi-102261022090050259.htm
• Press Release No. 06, 2nd Session, 16th National Assembly (People's Representative Newspaper), 22 October 2026: https://daibieunhandan.vn/thong-cao-bao-chi-so-06-ky-hop-thu-2-quoc-hoi-khoa-xvi-10439539.html

This article is general information compiled from legal documents and publicly available drafts and does not replace legal advice. The content of the draft may change when the National Assembly adopts it. Updated on 23 October 2026.