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THE LAM LAW LLC

THE LAM LAW LLC

Vũng Tàu, Vietnam

Free Consultation: 15 mins


Founded in 2019
15 people in their team
About THE LAM LAW LLCOur JourneyFounded by a dedicated team of legal professionals, THE LAM LAW LLC brings together a blend of seasoned lawyers,...
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About Mortgage Law in Vũng Tàu, Vietnam

In Vietnam, the mortgage law is derived from the property law and civil code that governs all transactions, including mortgages, involving property. In Vũng Tàu, being a significant commercial city, the application of mortgage laws is common and important particularly in residential and commercial real estate transactions. Individuals who take out loans to buy property need to secure the loan with a mortgage against the property. They must ensure that all the terms and conditions comply with the laws set out in Vietnamese civil code. In case of failure in repayment of loan, the lender has the right to sell the mortgaged property in accordance with Vietnamese laws.

Why You May Need a Lawyer

If you are planning to buy a property with the help of a mortgage or you are facing any mortgage dispute, a lawyer can be of great help. A lawyer well versed with mortgage laws in Vũng Tàu can guide you throughout the process, help in documentation, help in understanding complex legal terminologies and provide advice in case you are facing foreclosure. Also, if you suspect you have been a victim of mortgage fraud or predatory lending, a lawyer can be essential in protecting your rights.

Local Laws Overview

According to the real estate laws of Vietnam, before a mortgage agreement's execution, it must be registered with the local Department of Natural Resources and Environment. The borrower and lender must agree upon the terms and conditions of the mortgage, which should also be in compliance with the country's civil code. Any mortgage formed against a property must be made known to any potential buyer. In case of default on mortgage payments, the laws in Vietnam enable a lender to sell the property to recover its money without court intervention.

Frequently Asked Questions

1. What is a mortgage loan?

A mortgage loan is a loan taken out to buy property or land. The loan is usually secured against the value of your home until it's paid off.

2. How are mortgage rates determined in Vũng Tàu?

Mortgage rates are generally determined by the lender and depend on factors like the value of the property, size of your deposit, length of the loan term and your credit history.

3. What happens if I cannot pay my mortgage?

If you stop making repayments, the lender has the right to sell the property to recover the money.

4. Can I get a mortgage as a foreigner in Vũng Tàu?

Foreigners have the right to own residential properties in Vũng Tàu. However, restrictions apply for getting a mortgage. It is best to seek legal advice before proceeding.

5. What are the fees associated with getting a mortgage?

Costs may include a valuation fee, legal costs, bank fees and a registration fee for registering the mortgage with the local Department of Natural Resources and Environment.

6. What should be included in a mortgage agreement?

A mortgage agreement should include all the terms and conditions as agreed by both parties such as the interest rate, payment terms, and the circumstances under which the default can be declared.

7. Can I renegotiate my mortgage terms?

Yes, you can renegotiate mortgage terms. However, this will depend on the agreement with your lender and may often require legal assistance.

8. What is foreclosure?

Foreclosure is a legal process through which a lender attempts to recover the amount owed on a defaulted loan by selling the mortgaged property.

9. What is a second mortgage?

A second mortgage is a loan that uses your home as collateral, similar to a loan you might have used to purchase your home. The loan is known as a “second” mortgage because your purchase loan is typically the first loan that is secured by a lien on your home.

10. Can a mortgage be transferred?

Transfer of mortgage is subject to the discretion of the lender and the laws of Vietnam. It is best to consult a lawyer when you need to transfer a mortgage.

Additional Resources

If you need legal advice on mortgages, you can get in contact with the Vietnam Bar Federation or the local Department of Justice in Vũng Tàu. Legal aid societies in the city can also provide assistance and resources. For further reading, the civil code of Vietnam which includes the property laws, is an excellent resource.

Next Steps

If you need legal assistance for mortgages in Vũng Tàu, the best next step is to find and consult with a local lawyer who is an expert in Vietnamese property law. Depending on your financial situation, you might also be eligible for free legal assistance from one of the local Legal Aid Societies. It is essential to understand your mortgage agreement fully before signing it, so don't hesitate to ask your lawyer to explain anything you don't understand.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.