Regarding lease of offices by FDI enterprises

Official letter No. 6260/BXD-QLN dated December 28th, 2020 of the Ministry of Construction regarding guidelines on the activity of leasing unused office areas.

Accordingly, foreign direct investment (FDI) enterprises need to base on Article 10, point a Clause 3 Article 11 of the Law on Real estate trading and Article 5 of Decree No. 76/2015/ND-CP to determine whether or not they are allowable to lease offices, whether or not they have to register to supplement business lines.

Point a Clause 3 Article 11 of the Real estate trading No. 66/2014/QH13 regulates that FDI enterprises may conduct real estate trading in the following forms:

– Rent buildings for sublease;

– Build houses on the land which is leased by the State for lease; build houses or constructions other than houses on such land for sale, for lease, or for lease purchase;

– Receive total or a part of real estate project from investors to build buildings on it for sale, for lease, or for lease purchase;

– Build houses on land which is allocated by the State for sale, for lease, or for lease purchase;

In order to be eligible to conduct real estate trading, it is required to set up enterprises, except for cases of small-scale or irregular transactions of real estate according to Article 5 of Decree No. 76/2015/ND-CP.


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