1. Compliance with Legal Requirements for Project Launch
- Legal Due Diligence: Review of all necessary approvals and permits, including land use rights, construction permits, environmental impact assessments, and investment certificates.
- Compliance Review: Ensure that the project’s marketing and sales activities align with Vietnamese real estate regulations, including the conditions required for opening booking (refundable deposits), reservation (unit selection, non-refundable deposit), official launch (e.g., minimum completion of foundations for high-rise products).
- Coordination with Regulatory Authorities: Facilitate communication with local authorities (e.g., Binh Duong Department of Construction) for obtaining the necessary licenses to begin sales.
2. Contract Drafting, Review, and Standardization
- Sales and Purchase Agreements (SPAs):
- Draft, review, and finalize SPAs for different types of units (e.g., villas, townhouses, high-rise units, condotels).
- Ensure compliance with applicable laws such as the Law on Real Estate Business and Law on Housing.
- Align SPAs with internal policies and clarify critical terms, such as payment schedules, delivery timelines, conditions of transfer, and default provisions.
- Reservation and Escrow Agreement:
- Draft and review deposit agreements for booking collections, ensuring clarity on terms such as refundable or non-refundable deposits, cancellation conditions, and conversion to formal contracts.
- Transfer Agreements:
- Develop templates and review contracts for potential transfer of units (e.g., assignments of contracts prior to official handover).
- Ensure transfer agreements comply with regulations and minimize risks for S&M.
- Leasing Agreements (applicable for commercial spaces or condotels):
- Prepare leasing agreements for spaces within the township (e.g., commercial shophouses or podium shophouses).
- Review terms and conditions to ensure compliance with lease regulations and the interests of the developer.
3. Ongoing Legal Advisory
- Customer Communication:
- Draft and review standardized scripts and written materials for sales agents to ensure consistency and legal compliance when communicating key project features and sales terms.
- Prepare standard responses to common customer inquiries related to legal aspects of the project (e.g., land ownership, project timeline).
- Advisory on Changes in Real Estate Regulations:
- Monitor updates to Vietnamese real estate laws and regulations and provide timely advice on any changes that could impact the project’s sales and marketing activities.
- Advise on any new requirements that arise during the project timeline, including adjustments to sales processes or contracts.
- Advisory for Future Phases:
- Provide strategic legal advice for subsequent phases of the project, including timelines, pre-sales strategies, and adjustments to legal documentation based on market or regulatory changes.