Thực tiễn thi hành pháp luật về mua bán nhà ở chung cư hình thành trong tương lai: Nhận diện rủi ro và giải pháp bảo vệ người mua

Tóm tắt

The sale of off-plan apartment housing has become a common transaction model in Vietnam’s real estate market, allowing developers to mobilize capital before project completion while simultaneously exposing homebuyers to significant legal risks. In the context of the Housing Law of 2023 and the Real Estate Business Law of 2023 taking effect, this article examines the practical implementation of legal regulations governing the sale and purchase of apartments formed in the future. The study identifies key legal and practical issues arising during the implementation process, particularly those related to project eligibility conditions, contractual arrangements, information asymmetry between developers and buyers, as well as mechanisms for payment flows and fund management. Based on this analysis, the article proposes several legal and policy recommendations aimed at enhancing the protection of homebuyers and improving the effectiveness of regulatory enforcement in Vietnam’s real estate market.