Real estate disputes are increasingly complex and risk management solutions

The rapid development of the real estate market in recent times has opened up many opportunities but also posed many challenges.

According to experts, if the legal framework is applied synchronously and businesses proactively improve their risk management capacity, real estate disputes can be significantly reduced.

On August 28, in Ho Chi Minh City, within the framework of the Corporate Legal Management (LMS) 2025 event series, the Ho Chi Minh City Investment and Trade Promotion Center (ITPC) coordinated with the Vietnam International Arbitration Center (VIAC) to organize a workshop on "Real estate transactions in the context of market and legal fluctuations". Experts and managers focused on dissecting many issues that often arise from disputes, while suggesting solutions to build a more transparent and healthy real estate market.

Number of real estate disputes continues to increase

Ms. Ho Thi Quyen, Deputy Director of ITPC, said that real estate is not only a key sector contributing to growth but also has a strong spillover effect on many industries in the economy .

The rapid development of the real estate market in recent times has opened up many opportunities but also posed many challenges, especially when the legal framework is constantly adjusted. "Businesses need to have timely access to information and a comprehensive view of real estate transactions to ensure a safe, transparent and sustainable investment environment," Ms. Quyen commented.

Many issues that give rise to real estate disputes were dissected by experts at the workshop on the morning of August 28.

From the practice of dispute resolution, lawyer Chau Viet Bac, Deputy Director of VIAC Ho Chi Minh City Branch, said that real estate is becoming the second most disputed field. If in 2024, real estate disputes accounted for 14% of the total number of cases, then in just the first 6 months of 2025, this rate increased to 18%, surpassing many other fields, second only to trade and goods disputes.

Mr. Bac informed that real estate disputes are not only limited to the transaction relationship between investors and buyers, but also involve fields such as construction, finance, and banking. According to him, this situation largely stems from shortcomings in the previous legal system. He hopes that with the advent of the 2024 Land Law, the 2023 Real Estate Business Law, and many new regulations, the legal environment will be more complete, helping transactions to be safe.

"Institutional reform is the foundation, but it cannot be without the initiative of enterprises. Enterprises themselves must be fully equipped with legal knowledge and improve risk management capacity to take advantage of opportunities and minimize real estate disputes," Mr. Bac commented.

What should businesses do?

One of the main causes of real estate disputes is that many investors sell projects without completing legal conditions.

Associate Professor, Dr. Vo Tri Hao, an expert at the Institute of International and Comparative Law (University of Economics and Law, VNU-HCM), analyzed: "There are many cases where investors use terms that are not in the law to promote projects, causing buyers to misunderstand. When the project is not handed over on schedule or has legal problems, conflicts immediately arise."

Mr. Hao also pointed out that breach of contract obligations is a common type of dispute, from the investor failing to ensure the committed progress to the buyer not paying on time. Both sides are at risk of leading to prolonged litigation.

Meanwhile, lawyer Vu Thi Que, Chairman of Rajah & Tann LCT Lawyers, emphasized that deals with foreign elements pose many risks. Many disputes arise when the seller in Vietnam fails to meet the prerequisites committed to international investors. Concealing or failing to promptly detect defects during the legal appraisal of the project also has serious consequences.

"The 2023 Real Estate Business Law has stricter regulations on deposits for future housing purchases. However, there are still investors who "circumvent the law" to raise capital, thereby creating great risks for buyers," Ms. Que reflected.

Many experts believe that to avoid risks and take advantage of opportunities, businesses must proactively and regularly update changes in mechanisms and policies. All transactions must be carried out in accordance with the law, transparently, and with legal advice from the beginning. For projects directly related to land, investors must be even more cautious, carefully considering their needs and capabilities to adapt to new regulations.

Homebuyers and investors cannot take self-protection lightly. Thoroughly understanding project information, checking legality, and requesting transparent and lawful contracts are necessary steps to limit the risk of future disputes.

Consider passing many laws and resolutions

According to Mr. Phan Duc Hieu, Standing Member of the National Assembly's Economic and Financial Committee , the real estate market is being affected by many amended laws at the same time. The Investment Law, the Law on Investment under the Public-Private Partnership (PPP) model, and the Bidding Law have adjusted the authority to approve investment policies for housing projects, industrial parks, and export processing zones. The 2024 Land Law amends a series of regulations on planning, land use plans, land recovery, land valuation and price lists. Meanwhile, Resolution 201/2025/QH15 on piloting a mechanism for social housing also opens up a new direction.

Mr. Hieu informed that in the coming time, the National Assembly will consider and approve 48 draft laws and resolutions, many of which are directly related to real estate. This requires businesses to closely monitor, adjust strategies and ensure appropriate operations.

"Legal regulations not only create a management framework but also bring both opportunities and challenges. Enterprises that know how to comply and adapt promptly will minimize risks and develop sustainably," Mr. Hieu emphasized.

Source: https://nld.com.vn/tranh-chap-bat-dong-san-ngay-cang-phuc-tap-196250828204707372.htm