El papeleo explicado
Booking agreement: what it is, why it matters, how to obtain it
What is a booking agreement in Vietnam?
A booking agreement is the developer's private contract that reserves one specific Hanoi unit at a fixed price for a short window — usually 7 to 30 days — while you complete due diligence before signing the binding Sale and Purchase Agreement. It is not a government filing, and a paid reservation fee normally applies.
Booking agreement at a glance
Document- Vietnamese name
- Thỏa thuận đặt chỗ / phiếu đăng ký giữ chỗ
- Wording varies by developer — this is a commercial term, not a fixed legal one, so read the heading of your own contract carefully
- Issued by
- The developer (chủ đầu tư) or its licensed sales agent
- A private civil contract between buyer and seller, not a document issued by a state authority or the land office
- When you sign it
- Early in the purchase, right after you choose a unit — before the Sale and Purchase Agreement (SPA)
- See the full buying-process timeline
- Typical cost
- €1,000–5,000 · ≈ VND 27M–135M reservation fee
- Developer-set, not a government schedule; usually credited toward your deposit
- Validity
- 7–30 days, developer-set
- The reservation lapses if the SPA is not signed within this window
- Governing law
- General contract principles (Civil Code 2015)
- Not a document defined under the Housing Law 2023 — a commercial-practice step
- Required for
- Most off-plan purchases; some resale reservations
- Not compulsory by law — some sellers move straight to the SPA without a separate booking step
Specimen: a developer's booking agreement
How a booking agreement fits into the purchase
⏱ 1–5 weeks, developer-set
The booking agreement is usually the first document you sign once you have chosen a unit — well before the largest sums change hands. It exists to hold the unit and the price for you while both sides prepare the binding contract, and four checks matter in the short window it opens.
- 1
Choose the unit and verify the developer
⏱ Same day–1 week◈ Free to verify · advisory review €150–500 · ≈ VND 4M–13.5M
Before paying anything, confirm the project holds its construction permit and land-use rights and — for an off-plan tower — a valid bank guarantee (bảo lãnh) from a bank on the State Bank of Vietnam's approved list. Re-check that the building's 30% foreign quota is still open for the unit you want, since availability can change between your first enquiry and your visit to the sales gallery.
DocumentsPassport
⚠A missing bank guarantee on an off-plan tower is the single most common source of lost deposits.
→ law firms - 2
Pay the booking fee and sign the booking agreement
⏱ 1 day◈ €1,000–5,000 · ≈ VND 27M–135M
You pay a reservation fee and sign the booking agreement, which locks in the unit reference, its floor and orientation, and the sale price for a fixed window — typically 7 to 30 days. The fee is set by the developer, not by any government schedule, and is usually offset against your deposit once you sign the SPA. Keep the signed original and the payment receipt together — you will need both if a dispute arises.
DocumentsPassport · Booking agreement · Payment receipt
⚠Get the refund conditions in writing before you pay — many booking fees become non-refundable the moment you sign, even if you later withdraw.
- 3
Use the window for independent due diligence
⏱ 7–30 days◈ €150–500 · ≈ VND 4M–13.5M (optional legal review)
This short window is your best opportunity to have a licensed Vietnamese lawyer review the draft Sale and Purchase Agreement, confirm the bank guarantee letter, and check the seller's or developer's legal file — company registration, past delivery record, any pending litigation — before you are financially committed beyond the booking fee.
DocumentsDraft SPA · Bank guarantee letter · Project legal file
⚠Skipping this step is the regret foreign buyers report most often after signing under time pressure.
→ law firms - 4
Sign the Sale and Purchase Agreement (SPA)
⏱ Within the booking window◈ 30–70% of price at first instalment
Within the booking window, you sign the SPA — the binding contract — and pay the first instalment, typically 30–70% of the price depending on the payment schedule. The booking fee is normally deducted from this first payment; confirm the exact mechanics in the SPA itself, and only sign once the price, unit and payment schedule match what you agreed at booking stage.
DocumentsSPA · Payment schedule
What a booking agreement typically costs
These are developer-set commercial fees, not government-regulated rates — unlike the statutory registration fee or maintenance fund you will pay later, no circular or decree sets the booking fee. Always confirm the exact amount and refund terms in writing before you pay. VND figures use an indicative ≈27,000 VND/EUR rate.
| — | Min | Max | Base |
|---|---|---|---|
| Booking / reservation feeUsually credited toward the deposit if you proceed to the SPA | €1,000 · ≈ VND 27M | €5,000 · ≈ VND 135M | flat fee or ~1% of price, developer-setBuyer, at signing |
| Independent legal review (optional)Covers a lawyer's read of the booking terms and draft SPA | €150 · ≈ VND 4M | €500 · ≈ VND 13.5M | one-offBuyer, recommended not compulsory |
| Certified translation (if needed)Useful when the developer provides only a Vietnamese-language agreement | €50 · ≈ VND 1.4M | €150 · ≈ VND 4M | per documentBuyer, optional |
| Total | €1,200 · ≈ VND 32M | €5,650 · ≈ VND 153M |
Example: reserving a €450,000 off-plan apartment (≈ VND 12.15 billion)
- Booking fee (~1% of price)
- €4,500 · ≈ VND 121.5M
- Independent legal review
- €300 · ≈ VND 8.1M
- Σ
- €4,800 · ≈ VND 129.6M
Civil Code 2015 (Vietnam) — general basis for private commercial contracts · Market practice observed across major Hanoi developers, 2026 — not a statutory fee schedule
Frequently asked questions
What is a booking agreement?
A booking agreement (sometimes called a reservation form) is the developer's private contract that reserves a specific Hanoi unit at a fixed price for a limited period, usually 7 to 30 days. Signing it is not the same as buying — you commit fully only when you sign the Sale and Purchase Agreement (SPA).
Is a booking agreement legally binding in Vietnam?
Yes, as an ordinary civil contract under general Vietnamese contract law — but it is not a real-estate title document and creates no ownership rights. Its terms (fee, refund conditions, penalties) are set by the developer, so read them carefully before you sign.
Is the booking fee refundable?
It depends entirely on the wording of your booking agreement. Many developers make the fee non-refundable if the buyer withdraws, while it is usually credited toward the deposit if you proceed to the SPA. Always confirm the refund clause in writing before you pay.
Do I need a lawyer before signing a booking agreement?
It is not compulsory, but strongly advisable. The booking window is your best opportunity to have an independent Vietnamese lawyer check the developer's bank guarantee, the project's foreign-ownership quota and the draft SPA before you are financially committed.
What is the difference between a booking agreement and the Sale and Purchase Agreement?
The booking agreement is a short-term reservation with a modest fee; the SPA is the binding sale contract, typically requiring 30–70% of the price and setting out the transfer of ownership. The booking fee is usually deducted from your first SPA payment.
Can foreigners sign a booking agreement before receiving their visa or TRC?
Yes — a booking agreement only requires a valid passport, since it is a private reservation contract, not a property registration. A visa or Temporary Residence Card is not required at this stage, though legal entry documentation will matter for later steps.
How long is a booking agreement valid?
Developers typically set a 7- to 30-day window between the booking agreement and the SPA signing. If you do not sign the SPA within that period, the reservation can lapse and, depending on the contract terms, the booking fee may be forfeited.
Sources
- Housing Law 2023 (Luật Nhà ở, No. 27/2023/QH15) — governs foreign ownership rights and the unit quota referenced on this page; the booking agreement itself sits outside this law, as a private commercial contract.
- Land Law 2024 (Luật Đất đai, No. 31/2024/QH15) — underlies the land-use rights and foreign-ownership framework a buyer verifies before booking a unit.
- Civil Code 2015 (Bộ luật Dân sự, No. 91/2015/QH13) — general legal basis for private civil contracts such as the booking agreement (no official English-language URL available; cited by reference only).
Reserving a unit? Get your booking agreement reviewed first.
Before you pay a reservation fee, our Hanoi advisory desk can check the developer's bank guarantee, the project's foreign quota and the refund terms of your booking agreement — an independent second opinion, not a sales pitch. Tell us which project and unit you are considering and we will respond within 24 hours.