During the implementation of an investment project, the project investor is completely entitled to transfer part or the whole of his investment project to another investor. Accordingly, with the position of an investor buying this project, the acquirer needs to be sure of the issues that he needs to carefully review before entering the transaction. Therefore, in order for investors who are interested in this issue to have the best view, Hong Bang Law Firm would like to consult on issues that need to be appraised when transferring investment projects and related issues. according to current law.

Legal issues of the project

Project approval:

The project approval decision is one of the important legal documents for the buyer to determine the legal validity of the project. Besides the project approval decision, the buyer also focuses on reviewing other permits and approvals related to the project such as investment certificates, land lease contracts, land use right certificates, etc., to determine the legal issues of the project such as objectives, project duration, land lease term, land rental payment method (annual or one-time land rental), rights and legal obligations of the seller to the project.

Project planning:

For project planning, the buyer needs to appraise the detailed planning of the project area and surrounding areas to determine the suitability of the project’s investment objectives with the planning at the time of the project. purchase and project recall (if any).

For projects that have not been implemented for a long time (projects “on hold”), reviewing the detailed planning of the project and surrounding areas helps the buyer to assess the viability of the project or overlapping status of other projects in that area at the time of proposed purchase;

In case the purchaser intends to change the investment objective of the project after the acquisition, the detailed planning review will help the buyer assess the possibility of changing the investment objective of the project in the future.

Clearance:

Completion or incomplete clearance of the land intended to be transferred has a great influence on the transfer price and transferability. Therefore, the buyer should pay special attention to the seller’s ground clearance. If the site clearance has not been completed, it is necessary to carefully analyze the reasons for not completing, the difficulties in the site clearance process, the cost of the site clearance, the possibility of success and the development risks. birth, settlement plan in case the buyer acquires real estate. In case the project has completed the site clearance for a part of the land, the buyer needs to consider the possibility of continued implementation and the approval of the competent authority for the project implementation. on the cleared land area.

Disputes, complaints:

Disputes and complaints from people and organizations related to the project or disputes and complaints of the project with competent authorities are legal issues that greatly affect the implementation and development of the project. project. Therefore, the buyer often has to carefully review the files related to the project’s disputes and complaints and develop a dispute resolution plan; or from the incomplete project clearance, not implementing the project for a long time, the buyer assesses the possibility of project disputes in the future, the difficulties in the process of continuing to implement the project with competent authority and risks in project withdrawal.

Project Finance:

Depending on the progress of the project, the buyer will appraise and analyze the financial issues of the project including: The process of mobilizing from individuals, organizations or loans from banks and organizations Credit; the legitimacy of the loans, the legal responsibilities of the seller for the loan and the organizations and individuals that are mobilized capital. In case the project has not yet mobilized capital, the buyer usually evaluates the ability to mobilize capital from organizations and individuals or from banks and credit institutions to calculate the necessary financial resources to continue implementing or project development upon completion of the purchase and sale transaction.

If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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