Hello Lawyer X. I am a foreigner wishing to settle in Vietnam. Can I own a house or an apartment? What is the procedure for transferring the name of an apartment building for foreigners? I look forward to hearing from you as soon as possible. Sincerely thank you.
Thank you for trusting and sending questions to our Lawyer X. Below is the article How is the procedure for transferring the apartment name to foreigners? We invite you to read along.
Legal grounds
- Law of Nationality
- Housing Law 2014
What is a foreigner?
Pursuant to Clause 5, Article 3 of the 2008 Law on Nationality, it is stipulated as follows:
Foreigners residing in Vietnam are foreign citizens and stateless persons who permanently or temporarily reside in Vietnam.
Can foreigners own houses in Vietnam?
Pursuant to Article 159 and Article 160 of the Law on Housing 2014 stipulate:
Foreign organizations and individuals entitled to own houses in Vietnam include:
Foreign individuals are allowed to enter Vietnam.
Foreign organizations and individuals may own houses in Vietnam through the following forms;
Investment in housing construction under projects in Vietnam in accordance with this Law and relevant laws;
Purchase, lease-purchase, donation, or inheritance of commercial houses, including apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security as prescribed government.
Thus, foreigners have only granted a certificate of house ownership but not a certificate of land use right through the following forms:
Invest in building houses according to projects in Vietnam
Buy or rent or be given as an inheritance
What is the procedure for transferring the name of an apartment building for foreigners?
Step1: Notarize the sales contract
The buyer and the seller must notarize the sales contract, if the foreign individual is not fluent in Vietnamese, they need an interpreter. The interpreter will be invited by the notarization requester and must be responsible before the law for his translation.
The two parties buying and selling the apartment need to go to the notary room to sign the contract according to the prepared form of the notary office. In order to notarize the apartment purchase and sale contract, the buyer and the seller must prepare the following documents:
– The original certificate of land use rights, ownership of houses, and properties attached to the land.
– Original identity papers of the buyer and seller:
For the seller:
Identity card/passport (with expiry date: ID card not more than 15 years and Passport not more than 10 years from the date of issue);
Registration book;
Marriage certificate (if married); or Certificate of singleness (in case of being single or divorced);
For the buyer (foreign individual):
Passport with an expiry date
Certificate of marital relationship
Temporary residence card
In addition, in the case of authorization, the authorization document must be notarized and the authorized person must also bring the original ID card/passport.
Note: all identification documents of the buyer must be translated into Vietnamese and notarized.
- The originals of other papers related to the land plot such as the tax payment declaration (if any).
- Draft contracts, transactions that the parties prepare or the parties can also request notarization to prepare themselves on the information provided by the parties;
Step 2: Fulfill financial obligations
When carrying out the procedures for transferring the name of the apartment, the buyer and seller must declare their financial obligations to the State, including:
Personal income tax: Seller;
Registration fee: Buyer;
Application appraisal fee: Buyer;
Or both parties can agree on the payment of fees.
Step 3: Submit your application to your name
Submit the application file to the People’s Committee of the commune, ward, or township where the house is located or the branch of the land registration office of the district, town, provincial city, or city under the central government where the land is located or at Branches of land use right registration offices for localities that have not yet been established. Branches of land registration offices include:
Application for registration of changes according to Form No. 09/DK;
The original of the issued Certificate;
Notarized sales contract.
Step 4: Individuals and households pay money (taxes, fees) according to the notice
Step 5: Resolve the request
The processing time does not exceed 10 days from the date of receiving the dossier. No more than 20 days for communes in mountainous, island, deep-lying, remote areas, and areas with difficult socio-economic conditions.
Step 6: Return the result
What are the conditions for foreigners to own houses in Vietnam?
Pursuant to the provisions of Article 160 of the Law on Housing 2014 as follows:
- Foreign organizations and individuals specified at Point a, Clause 1, Article 159 of this Law must have an Investment Certificate and have a house built in the project in accordance with this Law and the law. related.
- For a foreign organization specified at Point b, Clause 1, Article 159 of this Law, it must have an investment certificate or documents related to its permission to operate in Vietnam (hereinafter referred to as the Certificate of Investment in Vietnam). investment receipt) issued by a competent Vietnamese state agency.
- Foreign individuals specified at Point c, Clause 1, Article 159 of this Law must be allowed to enter Vietnam and not be entitled to diplomatic and consular privileges and immunities under the provisions of law.
What are the documents for transferring the name of an apartment building for foreigners?
Dossier to transfer the name of an apartment building to a foreigner includes:
– Non-agricultural tax declaration, personal income tax declaration, registration fee declaration
– An application for registration of fluctuations (signed by the seller); In case there is an agreement in the contract that the purchaser will carry out administrative procedures, the purchaser may sign on its behalf.
– Two notarized copies of the Apartment Sale Contract
– Certificate of land use right (original)
– 02 notarized copies of the certificate of land use right
– 02 notarized copies of the seller’s ID card, household registration book, certificate of the marital status of the seller
– 02 copies of temporary residence card, passport, certificate of marital relationship of the buyer
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Frequently asked questions
Foreigners allowed to own houses in Vietnam:
– Foreign individuals investing in construction of houses under projects in Vietnam.
– Foreign individuals are allowed to enter Vietnam.
Order of notarization of apartment purchase and sale contracts with foreigners:
– The parties bring all the above documents to the Notary Office/Notary to request notarization of the contract and transactions of the parties.
– The notary will check the Documents (if valid) and will draft the Contract at the request of the parties (or according to the Model Contract brought by the parties).
– The parties shall re-read and check the contents of the Contract that the notary drafted.
– The parties sign, fingerprint the Contract and the Notary notary notarizes the Contract.
– The parties pay the notarization fee and receive the original contract.
Conclusion: So the above is Procedures for transferring apartment names to foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
