Currently, with the development of the economy, the demand for housing increases, especially in cities. In order to be protected by the state about their legitimate rights and interests, they must have housing rights from workers. So what are the conditions to be recognized as house ownership, what is the procedure? Today, LSX Lawfirm will give you an article about “Conditions to be recognized as home ownership in Vietnam“, as follows:
Legal grounds
Housing Law 2014
Decree 99/2015/ND-CP
Decree 30/2019/ND-CP
What is housing and home ownership?
According to the provisions of the Law on Housing 2014
Housing is a work built for the purpose of living and serving the daily needs of households and individuals.
House owner means an organization, household, or individual that has a lawful house through investment in construction, purchase, lease-purchase, donation, inheritance, capital contribution, or exchange. housing and other forms as prescribed by this Law and relevant laws.
According to the provisions of the Land Law 2013,
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets. lawful ownership of land use rights, house ownership, and ownership of other land-attached assets.
– State recognition of land use rights means that the State grants land-use rights to people who are using land stably without origin and have been allocated or leased land by the State through the issuance of land use right certificates. land, ownership of houses, and other land-attached assets for the first time for a definite land parcel.
Who is entitled to own housing?
– Domestic organizations, households, and individuals.
– Vietnamese residing abroad.
– Foreign organizations and individuals include
+ Foreign organizations and individuals investing in housing construction under projects in Vietnam in accordance with the Law on Housing and relevant laws;
+ Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds, and branches of foreign banks operating in Vietnam (hereinafter collectively referred to as foreign organizations); outside);
+ Foreign individuals are allowed to enter Vietnam.
Protection of the state’s ownership of housing
– The State recognizes and protects the lawful ownership of houses of the owners in accordance with the provisions of the Law on Housing.
Houses legally owned by organizations, households, or individuals are not nationalized. In cases where it is absolutely necessary for national defense and security purposes; for socio-economic development for the national and public interest, or in a state of war, emergency, natural disaster prevention, and control, the State decides to expropriate, requisition, purchase houses in advance or clear If houses are legally owned by organizations, households or individuals, the State is responsible for compensating, supporting and implementing resettlement policies for house owners in accordance with the law.
Conditions for recognition of house ownership
According to the provisions of Article 7 of the Law on Housing 2014
About the object
+ Domestic organizations, households, and individuals; for overseas Vietnamese, they must allowed to enter Vietnam; for foreign organizations and individuals, they must fully meet the conditions specified in the separate regulations on ownership of houses in Vietnam by foreign individuals and organizations.
About form: Must have a house
Have legal housing through the following forms
– For domestic organizations, households, and individuals, it is through the form of construction investment, purchase, lease purchase, donation, inheritance, capital contribution, housing exchange, and other forms. according to regulations of the Law;
– For overseas Vietnamese, it is through the form of buying, renting, and buying commercial houses of real estate enterprises and cooperatives (real estate business enterprises); buying, receiving, gifting, exchanging, or inheriting houses of households and individuals; receive the transfer of residential land use rights in the commercial housing construction investment project, which allowed to sell the ground to organize the construction of houses by themselves in accordance with the law;
– For foreign organizations and individuals, through the following forms:
+ Investment in housing construction under projects in Vietnam in accordance with the Law on Housing and relevant laws;
+ Buy, rent-purchase, receive as a gift, or inherit commercial houses, including apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security according to regulations. regulations of the Government.
Note: Organizations, households, and individuals that fully meet the conditions and have lawful houses according to the above provisions shall granted a Certificate of land use right and house ownership by a competent state agency. and other assets attached to land (Certificate) for that house. Housing for which Certificate issued must be existing housing.
Cases where house ownership is not recognized in Vietnam
– Foreign organizations and individuals gifted or inherited houses located in areas not subject to ownership or exceeding the number of houses allowed to own. This organization or individual may directly or authorize others to sell or donate to the house
– Foreign organizations do not operate in Vietnam, foreign individuals not allowed to enter Vietnam but gifted or inherited houses in Vietnam. These organizations authorized to allow other individuals and organizations residing and operating in Vietnam to sell or donate houses.
– The sale or donation of houses of the above subjects shall carried out when having the following documents:
+ Having a contract of donation, papers on house inheritance made in accordance with the provisions of the housing law and the civil law of Vietnam;
+ And Having papers proving the house owners of the donor or inheritor according to the provisions of the Law on Housing and Article 72 of the Law on Housing on papers proving housing conditions participating in the transaction. for cases where a Certificate is not require.
+ Having a written authorization to sell or donate the house, made according to the provisions of civil law, if authorizing another person to sell or donate the house.
Documents to prove the subject is entitled to own a house
– For domestic organizations, households, and individuals; when carrying out procedures for granting a Certificate of land use rights, ownership of houses; and other land-attached assets (hereinafter referred to as the Certificate) then there must be papers identifying the subject’s identity according to the regulations on grant of certificates of the land law.
– For overseas Vietnamese, the following documents required:
+ In case of carrying a Vietnamese passport, it must be valid and stamped with the entry verification stamp of the Vietnamese exit and entry management agency on the passport;
+ And In case of holding a foreign passport, it must still be valid with the entry verification stamp of the Vietnamese entry and exit management agency in the passport and enclosed with papers proving the remaining Vietnamese nationality; or papers certifying that the passport still valid. recognized as Vietnamese origin; issued by the Department of Justice of the provinces and centrally-run cities, the overseas Vietnamese representative agency, the overseas Vietnamese management agency, or other documents as prescribed by the law. law of Vietnam.
In addition
– For foreign organizations and individuals, papers to prove the subject required.
+ For foreign individuals, they must have a valid passport with an entry verification stamp of the Vietnamese immigration authority; and not entitled to diplomatic privileges and immunities under the provisions of the Law. Ordinance on privileges and immunities for diplomatic missions, consular offices, and representative offices of international organizations in Vietnam.
+ For foreign organizations; they must fall into the subjects specified in Article 159 of the Law on Housing; and have an investment registration certificate; or a document approved by a competent Vietnamese agency to operate in Vietnam. valid at the time of signing of housing transactions (hereinafter referred to as Investment Registration Certificate).
In case a foreign individual has a document certifying that he or she is of Vietnamese origin, he/she may only choose an applicable subject being a Vietnamese residing overseas; or a foreign individual to determine his/her ownership of a house in Vietnam Male.
Procedures for applying for a certificate of house ownership
According to the provisions of Clause 4, Article 6 of the Law on Housing 201
After the subjects meet the conditions for recognition of house ownership; they will granted a Certificate for that house by the State.
Components of the application for the grant of a certificate to a house owner
– An application for registration and issuance of a certificate of land use rights; and ownership of houses and other land-attached assets, made according to Form
– One of the documents on house ownership
Domestic households and individuals must have one of the following papers:
+ Permit to build a house, for cases; where a construction permit required according to the provisions of the law on construction
+ Contracts for purchase and sale of state-owned houses as prescribed in Decree No. 61/CP/1994 on housing purchase, sale, and business, or papers on liquidation and valuation of state-owned houses in the past July 5, 1994 then.
+ Papers on handing over or giving houses of gratitude, houses of love, houses of great solidarity then.
+ Papers on house ownership issued by a competent authority over time; but the house and land are not subject to the State’s establishment of ownership by the entire people according to the provisions of Resolution No. 23/2003/QH11 on housing and land owned by the State. The State has managed and arranged for use in the process of implementing policies on housing management and socialist renovation policies before July 1, 1991, Resolution; No. 755/2005/NQ-UBTVQH11 stipulating the settlement of a number of specific housing cases; during the implementation of housing management policies and socialist renovation policies before July 1, 1991.
+ Firstly, Papers on buying, selling, or receiving as a gift, exchanging or receiving house inheritance certified by a notary public or certified by competent People’s Committee as prescribed by law.
+ Secondly, Judgment or decision of the People’s Court or papers of a competent state agency to settle house ownership has taken legal effect
In addition
+ Firstly, In case the applicant for certification of house ownership has one of the prescribed papers; in which another person’s name written, one of the papers on purchase, sale, donation, exchange, or recognition required. House plans before July 1, 2006, have signatures of relevant parties; and must be certified by the People’s Committee of the commune.
+ Secondly, In case a house purchased, donated, exchanged, or inherited before July 1, 2006, but there are no documents on the purchase, sale, donation, exchange, or inheritance of a house; with letters written on it; signed by relevant parties, must be certified by the commune-level People’s Committee; of the time of purchase, donation, exchange, or inheritance of that house. In case the applicant for certification of house ownership has one of the documents as prescribed; and the current state of the house does not conform to that document, the part of the house; that does not conform to the document must issued by the People’s Committee. The commune confirms that the housing is not subject to the requirement; to apply for a construction permit and meets the planning requirements; as in the case of houses built before July 1, 2006.
And
+ In case a domestic individual does not have one of the papers on house ownership; he/she must have a written certification from the commune-level People’s Committee of the house completed before July 1, 2006; shall built before land-use planning or construction planning issued; or must be compatible with the planning in the case of construction; after a land-use planning, detailed urban construction master plan; a population spot master plan issued. rural areas according to the provisions of the law.
+ In case the house completed from July 1, 2006, or later, it required to have a written certification; from the commune-level People’s Committee about the house that is not require to apply for a construction permit; and meet the requirements for construction permits conditions on planning; as in the case of houses built before July 1, 2006; And In case a house is subject to a construction permit without obtaining a permit; it must have a document from the district-level construction management agency approving the existence of such house.
Overseas Vietnamese who own a house in Vietnam must have the following papers; + Papers on buying, selling, or receiving as a gift or inheriting a house; or being allow to own a house in another form according to the law. regulations of the law on housing
+ One of the transferor’s papers.
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Related questions
– Conditions to own: For apartments: + Foreign individuals may only buy, lease-purchase, receive as gifts, receive inheritances and own no more than 30% of the number of apartments in an apartment building; + In case there are many apartment buildings in an area with a population equivalent to that of a ward-level administrative area, a foreign individual is only allowed to own no more than 30% of the apartments in each apartment building and no more than 30 % of the total number of apartments of all these apartment buildings. – Ownership period: + Foreign individuals owning houses under contracts of purchase, sale, lease-purchase, donation, or inheritance: no more than 50 years from the date of issuance of the certificate of house ownership;
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