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Conditions to have foreigner’s name on the red book in Vietnam

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The demand of foreigners to live and work in Vietnam is increasing day by day. Some want to invest in housing and resort projects in Vietnam; Others want to live and work for a long time, so they want to own a house in Vietnam. So about the matter “Conditions to have foreigner’s name on the red book in Vietnam”. Let’s find out with LSX in the article below. Hope this answer will help you!

Legal grounds

  • Land Law 2013
  • Housing Law 2014
  • Decree 99/2015/ND-CP

What is Red Book?

Red book or book is the word that people often use to call the certificate of land use right based on the color of the certificate; The land law has so far not provided for the Red Book.

Currently, the Land Law 2013 and guiding documents inherit the name of the new Certificate, specifically:

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. legal rights of people with land use rights, house ownership and ownership of other land-attached assets (according to Clause 16, Article 3 of the 2013 Land Law).

Accordingly, this is a short way of calling that people often use; instead of the name of the Certificate as prescribed by law. Currently, the state has issued a common certificate form for both land use rights and ownership of houses and other land-attached assets; rather than separate as before.

Who is a foreigner?

Pursuant to the provisions of Clause 1, Article 3 of the Law on exit, entry and transit of foreigners residing in Vietnam 2014, the following:

  “Foreigner means a person carrying a document identifying foreign nationality and a stateless person entering, exiting, transiting or residing in Vietnam.”

Stateless person is a person who has no nationality of a country; residing in the territory of Vietnam.

Accordingly, a foreigner will be a national of another country and a stateless person.

Regulations on the ownership of houses by foreigners

According to Article 5 of the Land Law 2013; land users who are allocated or leased land by the State; recognition of land use rights and transfer of land use rights, excluding foreigners. Foreigners are only allowed to own houses in Vietnam. Therefore, being named in the red book is the fact that a foreigner is allowed to register as the owner of houses and other assets attached to land. Certificate means a certificate of ownership of houses and other assets attached to land; not a certificate of land use right. However, the same certificate template but the content will be different.

Because of this foreign nature; in addition, because ownership of houses and other land-attached assets is closely related to land, which is a matter of national sovereignty; Therefore, foreigners who want to own this right in Vietnam must meet strict conditions. Specifically, the following issues should be clarified:

Foreign subjects are allowed to own houses in Vietnam

Article 159 provides for foreigners’ ownership of houses in Vietnam as follows:

1. Foreign organizations and individuals entitled to own houses in Vietnam include:

a) Foreign organizations and individuals investing in housing construction under projects in Vietnam in accordance with this Law and relevant laws;

b) Foreign-invested enterprises; branches, representative offices of foreign enterprises; foreign investment funds and foreign bank branches operating in Vietnam.

c) Foreign individuals are allowed to enter Vietnam.

Subjects 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.

Conditions to have foreigner’s name on the red book in Vietnam

About foreigners’ land use rights

Regarding land users as defined in Article 5 of the 2013 Land Law (Law No. 45/2013/QH13, dated November 29, 2013) as follows:

Article 5. Land users

Land users who are allocated or leased land by the State, have land use rights recognized, or receive land use rights transfer in accordance with this Law, 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 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 common family line;

4. Religious establishments include pagodas, churches, chapels, holy houses, sanctuaries, Buddhist recitation halls, monasteries, religious training schools, 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 law. 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. .

At the same time, according to Clause 3, Article 186 of the 2013 Land Law, all recipients of land use rights, ownership of houses and other land-attached assets are foreigners. but is transferred or donated the inherited land use right as follows:

a) Transfer of land use rights: The heir may be named as the transferor in the land use right transfer contract;

b) Donating land use rights: The donor must be the State or a residential community to build works for the common interests of the community, donate a gratitude house attached to the land and in accordance with the law. housing law. In which, the foreigner is entitled to be the donor in the contract or written commitment to donate.

c) The land use right has not been transferred or donated: The foreigner shall submit a dossier of inheritance at the land registration agency to update it in the cadastral book.

Thus, according to the above regulations, with land use rights, foreigners will not be allowed to have their names on the Red Book.

Regarding the ownership and use of houses by foreigners

Article 159 of the Law on Housing (Law No. 65/2014/QH13, dated November 25, 2014) clearly states that the subjects who are allowed to own houses and the form of house ownership in Vietnam by foreign organizations and individuals in addition to the following:

1. Foreign organizations and individuals entitled to own houses in Vietnam include:

a) Foreign organizations and individuals investing in housing construction under projects in Vietnam in accordance with this Law and relevant laws;

b) Foreign-invested enterprises, branches and representative offices of foreign enterprises, foreign investment funds and branches of foreign banks operating in Vietnam (hereinafter referred to as organizations and individuals); foreign);

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.

In addition, the conditions and papers for foreigners to own houses in Vietnam are specified in Article 74 of Decree 99 (No.: 99/2015/ND-CP, October 20, 2015):

Article 74. Documents proving the subjects and conditions for owning a house in Vietnam

1. For foreign individuals, they must have a valid passport bearing the entry verification stamp of the Vietnamese immigration authority and are not entitled to diplomatic privileges and immunities as prescribed. of the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular offices and Representative offices of International Organizations in Vietnam.

2. For foreign organizations, they must be subjects specified in Article 159 of the Law on Housing and have an Investment Registration Certificate or a document authorized by a competent Vietnamese agency to operate 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: the above case.

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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Conditions to have foreigner’s name on the 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 protected]

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Frequently asked questions

What is the time limit for foreign individuals to own houses in Vietnam?

Pursuant to Clause 3, Article 7 of Decree 99/2015/ND-CP, when buying a house in Vietnam, a foreign individual may own a house for a maximum of 50 years from the date of issuance of the Certificate. Foreigners who marry Vietnamese or Vietnamese residing abroad are entitled to own long-term houses.
If the owner of such house wishes to extend the extension, the State shall consider and extend the extension.

Which cases are foreign individuals not recognized to own houses in Vietnam?

Foreign individuals may not be granted a Certificate for a house but may only sell or donate this house to subjects entitled to own houses in Vietnam in the following cases:
– Foreign individuals are gifted or inherited houses located in areas not subject to ownership or exceeding the number of houses allowed to own according to regulations.
– Foreign individuals are not allowed to enter Vietnam but are gifted or inherited houses in Vietnam

What is a condominium for foreign individuals?

An apartment building is a house with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, shared ownership and a system of infrastructure works for common use by households. , individuals and organizations, including apartment buildings built for residential purposes and condominiums built with mixed use purposes for residential and business purposes.

Conclusion: So the above is Conditions to have foreigner’s name on the red book in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com

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