The development of Vietnam over the past 30 years is remarkable. Economic and political reforms since 1986 have promoted economic development; quickly transformed Vietnam from one of the poorest countries in the world to a lower middle income country. Amidst the wave of the COVID-19 pandemic causing the whole world a headache; Vietnam is one of the few countries in the world with positive economic growth. Over the past 30 years, the provision of basic services has seen many positive changes. People’s ability to access infrastructure has been significantly improved. So about the matter “Can foreigners have the right to register in red book in Vietnam?” Let’s find with LSX in the article below.
- Law on Vietnamese Citizenship Amended 2014
- Land Law 2013
- Housing Law 2014
Some related concepts
What is a land use right certificate?
A certificate of land use rights, ownership of houses and other land-attached assets, also known as red books, is a legal document for the State to certify land use rights and ownership of houses and assets, other property legally attached to the land of the person who has the land use right, house ownership right and ownership of other land-attached assets.
What is a foreigner?
According to the provisions of Clause 1, Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam: “Foreigner means a person carrying a document confirming foreign nationality and a stateless person entering entering, exiting, transiting or residing in Vietnam.”
Foreign nationality is the nationality of a country other than Vietnamese nationality.
Stateless person is a person who has neither Vietnamese nationality nor foreign nationality.
Foreigners residing in Vietnam are foreign citizens and stateless people who permanently or temporarily reside in Vietnam.
Pursuant to Article 3 of the Law on Vietnamese Nationality.
Can foreigners have the right to register in red book in Vietnam?
Currently, foreigners are understood to include two subjects: foreigners residing in Vietnam and foreigners not residing in Vietnam.
According to Clause 5, Article 3 of the Law on Nationality, foreigners residing in Vietnam are foreign citizens and stateless persons permanently or temporarily residing in Vietnam.
Foreigners’ land use rights
Regarding land users, Article 5 of the 2013 Land Law stipulates that land users who are allocated or leased land by the State, have land use rights recognized, or receive land use rights transfer include:
1. Domestic organizations include state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, and social organizations. associations, socio-professional organizations, public non-business organizations and other organizations as prescribed by the civil law (hereinafter collectively referred to as organizations);
2. Domestic households and individuals (hereinafter collectively referred to as households and individuals);
3. Residential community includes the Vietnamese community living in the same village, village, hamlet, hamlet, hamlet, phum, squirrel, residential group and similar residential area with the same customs or habits or having similar customs or habits common family line;
4. Religious establishments include pagodas, churches, chapels, holy houses, sanctuaries, Buddhist recitation halls, monasteries, private training schools of religions, headquarters of religious organizations and other religious establishments. ;
5. Foreign organizations with diplomatic functions include diplomatic missions, consular offices and other foreign representative offices with diplomatic functions recognized by the Vietnamese Government; representative office of an organization of the United Nations, an intergovernmental agency or organization, a representative office of an intergovernmental organization;
6. Vietnamese residing abroad in accordance with the law on nationality;
7. Foreign-invested enterprises include enterprises with 100% foreign investment capital, joint-venture enterprises, and Vietnamese enterprises in which foreign investors purchase shares, merge or repurchase according to the provisions of investment law.”According to this provision, foreigners in the country or abroad are not eligible for land use rights, are allocated land, leased land, recognized land use right, or receive land use right transfer by the State. .
According to the above regulations, foreigners are not eligible for land allocation, land lease, recognition of land use rights or transfer of land use rights by the State.
At the same time, Clause 3, Article 186 of the 2013 Land Law also stipulates the following:
“3. In case all recipients of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are not eligible to buy attached houses. with the right to use residential land in Vietnam specified in Clause 1 of this Article, the heir may not be granted a certificate of land use right, ownership of houses and other land-attached assets, but may transfer or be donated the inherited land use right according to the following provisions:
a) In case of transfer of land use rights, the heir may be named as the assignor in the land use right transfer contract;
b) In case of donation of land use rights, the recipient must be the subjects specified at Point e, Clause 1, Article 179 of this Law and in accordance with the housing law, in which the recipient the heir is named as the donor in the contract or written commitment to donate;
c) In case the land use right has not been transferred or donated, the heir or the representative who has written authorization as prescribed shall submit the dossier on inheritance at the land registration agency for update recorded in the Cadastral Book.”
Therefore, the current law stipulates that foreigners will not be allowed to have their names on the red book.Ownership and use of housing
Clause 1, Article 159 of the Law on Housing clearly states that foreigners who are allowed to own houses in Vietnam include:
Article 159. Subjects entitled to own houses and forms of house ownership in Vietnam by foreign organizations and individuals
1. Foreign organizations and individuals entitled to own houses in Vietnam include:…
c) Foreign individuals are allowed to enter Vietnam.
2. Foreign organizations and individuals may own houses in Vietnam through the following forms:
a) Invest in housing construction under projects in Vietnam in accordance with this Law and relevant laws;
b) 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 according to regulations. Government regulations.
Article 160. Conditions for foreign organizations and individuals to own houses in Vietnam…
3. 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. law.
4. The Government shall detail documents proving the subjects and conditions for foreign organizations and individuals eligible to own houses in Vietnam.
Thus, foreigners are only allowed to buy and put their names on the Red Book with apartments and separate houses in housing construction investment projects, but not outside this area and must meet the following conditions:
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Can foreigners have the right to register in red book in Vietnam?” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: email@example.com
Please see more
- Contract of mortgage of land use rights in Vietnam
- Regulations on deposit to buy a house under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Foreigners are only allowed to buy and put their names on the Red Book with apartments and separate houses in housing construction investment projects, but not outside this area and must meet the legal conditions, regulations.
For cases that have been granted certificates, certificates of house ownership or certificates of ownership of construction works, which exercise the rights of land users and owners of property associated with land, or for the replacement or re-issuance of certificates, certificates of house ownership or certificates of ownership of construction works, shall be carried out by natural resources and environment agencies in accordance with the Government’s regulations.
Domestic organizations, households and individuals.
Vietnamese residing abroad.
Foreign organizations and individuals specified in Clause 1, Article 159 of the Law on Housing 2014.