Hello Lawyer. I have a foreign friend. My friend has been to Vietnam for a long time and wants to settle down in Vietnam. My friend wants to buy land in Vietnam to build a house. So can a lawyer tell me if foreigners can own land in Vietnam? If so, what conditions are required? I look forward to receiving the earliest reply from a lawyer to help me on this matter. I sincerely thank. Thank you for trusting and sending questions to our Lawyer X. Below is an article advising on Can foreigners own land in Vietnam?. We invite you to read along.
Land Law 2013
Who is entitled to land use rights?
Pursuant to Clause 1, Article 169 of the 2013 Land Law, on receiving land use rights as follows:
Households and individuals may receive the transfer of agricultural land use rights through the conversion of land use rights specified at Point b, Clause 1, Article 179 of this Law;
Economic organizations, households and individuals may receive the transfer of land use rights through the transfer of land use rights, except for the case specified in Article 191 of this Law; overseas Vietnamese may receive land use right transfer through receipt of land use right transfer in industrial parks, industrial clusters, export processing zones, hi-tech parks, and economic zones. Foreign-invested enterprises may receive the transfer of investment capital which is the value of land use rights according to the Government’s regulations;
Organizations, households, individuals and communities may receive land use right transfer through donation or donation of land use rights as prescribed at Point c, Clause 2, Article 174 and Point e, Clause 1, Article 179 of this Law, except for the case specified in Article 191 of this Law;
Organizations, households, individuals and communities may receive the transfer of land use rights through inheritance of land use rights;
Overseas Vietnamese who are eligible to own houses in Vietnam in accordance with the law on housing may receive the transfer of residential land use rights through the form of purchase, lease purchase, inheritance or donation. for houses attached to residential land use rights or receiving residential land use rights in housing development projects;
Economic organizations and joint-venture enterprises receive land use rights transfer by receiving capital contribution in the form of land use rights;
Organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese may receive land use rights through land allocation by the State; foreign-invested enterprises receive land use rights through the State’s allocation of land for the implementation of investment projects to build houses for sale or for sale in combination with lease;
Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises, foreign organizations with diplomatic functions receive land use rights through land lease by the State;
Organizations, households, individuals, residential communities and religious establishments may receive land use rights through the State’s recognition of land use rights for land that is being used stably;
Organizations, households, individuals, overseas Vietnamese, and foreign-invested enterprises may receive land use rights according to the results of successful conciliation of land disputes granted by the People’s Committees of Vietnam. authorized to recognize; agreement in the mortgage contract for debt settlement; decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land, decisions or judgments of people’s courts, judgment enforcement decisions of judgment enforcement agencies be enforced; written recognition of the auction results of land use rights in accordance with the law; documents on the division of land use rights in accordance with law for households or groups of people with common land use rights;
Residential communities and religious establishments may receive land use rights according to the results of successful conciliation of land disputes recognized by competent People’s Committees; decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land, decisions or judgments of people’s courts, judgment enforcement decisions of judgment enforcement agencies be enforced;
Organization means a new legal entity formed through a separation or merger under a decision of a competent agency or organization or a document on the separation or merger of an economic organization in accordance with recognized laws. land use rights from organizations that are legal entities are split or merged.
Can foreigners own land in Vietnam?
According to the provisions of Article 5 of the 2013 Land Law on land users, land users are allocated land, leased land by the State, recognized the land use rights, and receive the transfer of land use rights in accordance with the provisions of this Law. include:
Domestic organizations include state agencies, units of the people’s armed forces, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public non-business organizations and other organizations as prescribed by the civil law (hereinafter collectively referred to as organizations);
Domestic households and individuals (hereinafter collectively referred to as households and individuals);
Residential communities include Vietnamese communities living in the same village, hamlet, hamlet, hamlet, phum, squirrel, residential quarters and similar residential areas with the same customs, habits or the same line. Surname;
Religious establishments include pagodas, churches, chapels, holy houses, sanctuaries, Buddhist recitation halls, monasteries, religious training schools, headquarters of religious organizations and other religious establishments;
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;
Vietnamese people residing abroad in accordance with the law on nationality;
Foreign-invested enterprises include enterprises with 100% foreign owned capital, joint-venture enterprises, and Vietnamese enterprises in which foreign investors purchase shares, merge or repurchase in accordance with the law on foreign investment. invest.
Thus, according to the above regulations, foreigners are not subject to the transfer of land use rights in Vietnam. Therefore, foreigners will not be allowed to transfer, buy and sell land in Vietnam and cannot own land in Vietnam. However, foreigners are still allowed to own houses in Vietnam if they meet the conditions prescribed by the Law on Housing.
Can foreigners own houses in Vietnam?
Pursuant to the provisions of Clause 3, Article 7 and Article 159 of the Law on Housing 2014, a foreigner in one of the following circumstances may own a house in Vietnam:
Invest in the construction of houses under projects in Vietnam according to regulations (must have an Investment Certificate and have houses built in the project according to the provisions of law).
Being allowed to enter Vietnam and not being entitled to diplomatic and consular privileges and immunities as prescribed by law.
However, foreigners are only allowed to own houses in Vietnam through one of the following forms:
Invest in housing construction under projects in Vietnam in accordance with this Law and relevant laws;
Purchase, lease-purchase, donation or inheritance of commercial housing, including apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security as prescribed. government.
Thus, foreigners who want to buy houses in Vietnam are only allowed to buy houses (including apartments and separate houses) in investment projects to build commercial houses, except in areas where national security is guaranteed. room, security.
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Frequently asked questions
Foreigners buying houses in Vietnam must have the following documents:
– Investment certificate or Certificate of investment registration in Vietnam.
– A valid passport with an entry verification stamp of the Vietnam Immigration Department; Resident card; temporary residence card; certificate of permission to reside in Vietnam for 12 months or more.
Conditions for foreign organizations and individuals to own houses in Vietnam:
– Foreign individuals investing in construction of houses under projects in Vietnam must have an Investment Certificate and have houses built in the project in accordance with the law.
Foreign individuals must be allowed to enter Vietnam and not be entitled to preferential rights; diplomatic and consular immunity in accordance with the law.