From 01 January 2021, the investors of the real estate business projects have the demand to transfer the real estate business project, may consider the following methods:

(i) To transfer a part of the project;

(ii) To transfer the whole project of the real estate project;

(iii) To merge the projects;

(iv) To divide or split a project into multiple projects; or

(v) To use the land use right, asset attached to land of the investment projects in order to contribute the capital for establishing the enterprise, cooperate the business or the other contents and comply with the regulations of the laws.

Accordingly, the methods of merging the projects or dividing or splitting a project into multiple projects is considered as the new regulations for adjusting the investment project of the investor. Furthermore, Law on Investment 2020 has clarified the regulation that are allowed to use the land use right, asset attached to land of the investment projects in order to contribute the capital for establishing the enterprise, cooperate the business.

With regard to the procedure, Law on Investment 2020 has adjusted Article 50, 51 of Law on real estate business 2014, accordingly, the real estate business project under the scope of making the investment project, approval for investment policy and granting the investment registration certificate according to the Law on investment, the procedure of transferring or adjusting the project shall comply with the Law on Investment 2020 with the clearer forms and procedures.

These new regulations on the contents and the procedures related to transfer the investment project are evaluated to contribute:

(i) To remove the current problems regarding the conditions of the project transfer by creating new methods for the investor to transfer the project into the multiple projects through allowing the division or splitting a project into multiple projects and/or allowing to use the land use right, land-attached assets of the investment projects in order to contribute the capital for establishing the enterprise;

(ii) To regulate the procedures of adjusting the project in Law on Investment 2020 with the clear forms and the executive procedures help to increase the efficiency of state management in terms of the business investment operation;

(iii) To allow many choices for the investors in making decision of project transferring in way of transferring the real estate projects directly or contributing the capital for establishing the enterprise (through that, capital contribution can be transferred) or the form of business cooperation, depending on the demands, the actual situation for investors to come up with suitable plans for their real estate projects.