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Construction & Real Estate

For developers, project investors, contractors and real estate businesses in Vietnam

Construction & Real Estate

Construction contracts create disputes when works proceed faster than formal variations, progress certificates and payment records. A contractor may have performed additional work but struggle to demonstrate valid instructions or agreed pricing. Real-estate transactions require separate due diligence on the land, the asset, project eligibility and transfer conditions.

Justix advises on Vietnam-law contract and project matters using the complete documentary record, including approvals, site correspondence, quantities, acceptance certificates and payment evidence. Engineering and valuation conclusions require suitably qualified professionals.

Businesses in the industry: Developers, foreign and domestic project investors, main contractors, subcontractors, design and supervision consultants, commercial property owners, industrial premises operators and real-estate transaction parties.

Scope of services Justix can provide

Project and transaction due diligence

Review land, project approvals, transaction capacity and deal conditions for the specific asset and project. Identify the precise assets, rights and project conditions before deposits or transfer commitments are made.

Construction and real estate agreements

Prepare and negotiate construction, subcontracting, consultancy, deposit, investment cooperation and transfer agreements. Make variation authority, certification, payment evidence and termination remedies workable on the project.

Variations, acceptance and payment

Develop documentary controls for changes, measurement, acceptance, payment, final accounts and warranty issues. Separate land, development, investment-cooperation and property-transfer obligations as required.

Dispute resolution

Assess notices, schedules, technical records and payment evidence; develop negotiation, arbitration or litigation options. Align contract notices, quantity records, approval workflow, payment claims and retention documentation.

Assist project, commercial and finance teams with contracts, documentation and claims. Use a chronological evidence matrix and test the agreed forum and enforceability before proceeding.

Common legal issues

  • 01

    Unapproved variations and extra work

    A site instruction may be commercially clear but not authorised under the contract. Payment entitlement depends on the notice, variation and evidence arrangements for each item.

  • 02

    Delayed certification and unpaid progress claims

    Completion and acceptance may be disputed because quality records, measured quantities and payment applications are incomplete or challenged. A clear chronology is central to recovery.

  • 03

    Unverified land or project transaction conditions

    Legal title, planning, project approvals and transfer eligibility differ by asset and structure. A deposit made before due diligence can leave the investor exposed.

  • 04

    Late access and programme disruption

    Delayed site possession or employer instructions can affect programme and costs. Extension and compensation claims need contract-compliant notices and evidence of actual impact.

  • 05

    Main-contract and subcontract mismatch

    A subcontract may impose deadlines or remedies inconsistent with the obligations assumed upstream. Risks should be allocated according to the work the subcontractor can control.

  • 06

    Joint-venture and investment disputes

    Governance, contribution schedules, funding and exit rights must be checked before launching or restructuring a development project.

Justix services

Services for businesses in this industry

What our clients say

  • The lawyer explained every step and told us the cost and timeline upfront. Our company was licensed on schedule with no requests for extra documents.

    Anh T.

    Director of a trading company, Hanoi

    Licensing & Administrative Procedures

    Read the full story

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Team in charge

  • Thạc sĩ, Luật sư

    Đoàn Văn Tùng

    Luật sư

    Tố tụng & Giải quyết tranh chấp

    15 years of experience

  • Thạc sĩ Luật

    Nguyễn Phúc Mạnh

    Trưởng Phòng Pháp chế & Hợp đồng

    Tư vấn doanh nghiệp, hợp đồng

    10 years of experience

  • Jurist

    Trần Thanh Nhàn

    Head of Corporate Legal Department – Licensing and Administrative Procedures

    Intellectual Property & Corporate

    9 years of experience

  • Lê Duy Định

    Head of Litigation Team 01

    Criminal & Civil

    10 years of experience

Frequently asked questions

Can Justix advise a foreign-owned business operating in Vietnam’s construction and real estate sector?

Justix can assess Vietnamese-law obligations affecting business operations and cross-border contracts within an agreed scope. The review focuses on project due diligence, construction claims, land transactions and payment disputes. Foreign-law advice, local court representation outside Vietnam or technical expert opinions must be scoped separately with appropriate advisers.

Who will manage our construction and real estate matter at Justix?

The engagement identifies a legal point of contact and the relevant contract, regulatory, data-protection or dispute-resolution specialists. Justix confirms who will review work and how instructions and updates will be recorded. Individual lawyer assignments depend on availability, expertise and the final scope.

Can we use a fixed-fee project instead of a monthly legal retainer?

Yes, the appropriate fee structure depends on whether the need is a defined document or dispute, or a recurring stream of project due diligence, construction claims, land transactions and payment disputes. The proposal should specify deliverables, excluded work, review rounds, response arrangements and any government, expert or travel expenses.

How do we begin a confidential legal review?

A short description of the Vietnam operation and the immediate issue is usually enough to define an initial scope. Useful materials include the project title documents, contracts, variations and payment records. Sensitive personal or commercial information may be redacted at the intake stage; confidentiality and authorised access are addressed before the substantive review.

Can Justix advise a foreign contractor or project investor in Vietnam?

Justix can assess Vietnam-law requirements for the proposed construction, contractual or real-estate activity and identify the permissions, investment structure and documentation requiring review. Foreign-law and specialist engineering advice must be arranged separately where relevant.

How can we secure payment for variations not formally signed as an addendum?

Review the variation mechanism, authority of site personnel, instructions, drawings, daily records and confirmation of quantities. The absence of a signed addendum is a material evidentiary issue but does not automatically settle every legal claim. A schedule of variations and supporting records is useful.

What should we do when an employer delays certification or acceptance?

Check the contractual certification procedure, completion notices, handover records, technical submissions and reasons for rejection. Counsel can help create a documented sequence of notices, preserve payment claims and assess dispute options.

Can we claim prolongation costs after delayed site possession?

The outcome depends on the allocation of site-access risk, notice compliance, actual critical-path impact and evidence of extra costs. Delay days alone are insufficient to establish every claimed amount. Project records and expert scheduling analysis may be needed.

Is it safe to pay a deposit for an off-plan property or an incomplete project?

The legal status of the project and the particular transaction must be checked first, including who may receive money, conditions for sale or transfer and applicable restrictions. Review the land/project file and contract before committing funds; a receipt alone does not establish transaction legality.

What should land and project legal due diligence examine?

Common areas include title and permitted use, project approvals, planning, encumbrances, transfer conditions, construction approvals, financial obligations and pending disputes. The exact document list depends on whether the target is land, completed assets, shares or a development project.

Can a main contractor pass all employer risks down to subcontractors?

Back-to-back provisions should be assessed for practical work allocation, notice, delay, changes, payment and legal enforceability. Blindly copying the main contract can create inconsistent obligations or transfer risks that the subcontractor cannot control.

Should a construction dispute proceed to arbitration or Vietnamese courts?

Start with the dispute clause, jurisdiction, parties, claims, urgency, costs, expert evidence and enforceability of the eventual decision. There is no universally preferable forum; the decision should be based on the actual contract and recovery objective.

How does Justix work alongside quantity surveyors and engineers?

The project team verifies technical quantities, programme and quality; counsel analyses contractual obligations, notices, entitlement and evidence. The scope should identify who prepares measurements, expert opinions and legal submissions so responsibility is not blurred.

What will a contract and project-dispute review produce?

Depending on instructions: a risk and document-gap memorandum, revised clauses, variation/payment schedules, legal demand letters, a claim timeline and options for negotiation or proceedings. Expert measurement, valuation and foreign-law advice are scoped separately.

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Registered office
LK5-52, Tan Tay Do New Urban Area, O Dien, Hanoi (by appointment)
Office
Tower A, Ecolife Tay Ho, Starlake Urban Area, Xuan La, Tay Ho, Hanoi, VietnamView map
Business hours
Mon – Fri: 8:30 – 17:45 (Vietnam time, GMT+7)

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