In Vietnam, buying a house is really a very important thing. Because Vietnamese people have a saying to settle down and live happily. However, nowadays it is very difficult to buy and sell houses, because it is easy to get caught in scams. Many people buy cheap houses worth only a few hundred million dong only to receive an abandoned house that has been abandoned for many years. So about the matter “Foreigners ask someone to name the land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Civil Code 2015
- Housing Law 2014
Some definitions related to foreigners
Regulations on foreigners in the past
According to the 2014 Law on Vietnamese Nationality, a foreigner is a person with a foreign nationality or a stateless person who permanently or temporarily resides in Vietnam.
According to the legal status, foreigners can be divided into three groups: those who enjoy diplomatic status and those who are similar to diplomatic status; foreigners are enjoy status under individual agreements, but not under diplomatic or similar status; foreigners who are settling, doing business in the host country. The legal status of a foreigner is established on the basis of the law of the host country (Lex domicili) and the law of the country of which he is a national (Lex patriae). The legal status of foreigners is also regulated in multilateral international treaties (United Nations Charter, Convention on Civil and Political Rights 1966, Convention on Economic, Cultural and Social Rights). 1966…) and bilateral international treaties (Agreements on mutual legal assistance, Agreements on encouragement of investment protection…). Rights and obligations of foreigners in the Socialist Republic of Vietnam
Vietnam has been regulated in a series of legal documents such as the Constitution of 2013, the Civil Code of 2015, the Labor Code of 2019, the Law of Vietnamese nationality in 2014, the Law of Investment in 2020. , Law on Marriage and Family 2014; Ordinance on entry, exit and residence of foreigners in Vietnam in 2000, Ordinance on privileges and immunities for diplomatic missions, consular offices and representative offices of organizations international in Vietnam in 1993,…
The current concept of foreigners
Foreigner means a person with nationality of another country who is working, studying, working or living in the territory of the Socialist Republic of Vietnam.
Stateless person is a person who has no nationality of a country and resides in the territory of Vietnam.
Due to the open door policy of our State, the number of foreigners entering our country has many types with different purposes but in general can be divided into:
– Permanent resident foreigner means a foreigner who resides and works in Vietnam for a long time.
In Vietnam, all are equal in administrative legal capacity, regardless of skin color, religion, profession;
– Legal and administrative regulations of foreigners have certain limitations compared to Vietnamese citizens, stemming from the nationality principle specified in the Nationality Law of the Socialist Republic of Vietnam. In other words, the scope of their rights and obligations is narrower than the scope of rights and obligations of Vietnamese citizens.
Legal and administrative regulations of foreigners and stateless persons are mainly stipulated in the following documents:
– 2013 Constitution (Article 48, Article 49);
– Ordinance on entry, exit and residence of foreigners in Vietnam dated April 28, 2000;
– Ordinance on diplomatic privileges and immunities in 1993 for diplomatic missions, consular offices and representative offices of international organizations in Vietnam…
Foreigners and stateless people living in the Vietnamese territory enjoy certain rights and obligations in the political-administrative field; Socioeconomic; culture-society prescribed by Vietnamese law.
Are foreigners allowed to use land in Vietnam?
According to Article 5 of the 2013 Land Law, land users include:
• Domestic organizations include state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, and social organizations. , socio-professional organizations, public non-business organizations and other organizations as prescribed by civil law (hereinafter collectively referred to as organizations);
• Domestic households and individuals (hereinafter collectively referred to as households and individuals);
• Residential community includes the Vietnamese community living in the same village, hamlet, hamlet, hamlet, phum, squirrel, residential group and similar residential area with the same customs, habits or common family line;
• Religious establishments, including pagodas, churches, chapels, sanctuaries, 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 Government of Vietnam; representative office of an organization of the United Nations, an intergovernmental agency or organization, a representative office of an intergovernmental organization;
• Vietnamese residing abroad in accordance with the law on nationality;
• 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 in accordance with law on investment.
Thus, FOREIGNERS are not land users.
Foreigners ask someone to name the land in Vietnam
• According to the provisions of Article 169, Article 186 of the 2013 Land Law, which regulates the recipients of land use rights, foreigners are not allowed to transfer, buy and sell land in Vietnam.
• Foreigners are not allowed to own real estate in Vietnam’s name.
• In case of real estate that is inherited by foreigners, the certificate of land use right will not be granted.
• In the case of red book assignment, the heir may be named as the transferor in the land use right transfer contract.
• In case of donation of land use rights, the recipient must be the subjects specified at Point e, Clause 1, Article 179 of this Land Law and in accordance with the provisions of the law on housing, in which the recipient the heir may be named as the donor in the contract or written commitment to donate.
Can foreigners buy houses in Vietnam?
According to Clause 1, Article 159 of the Law on Housing 2014, foreign organizations and individuals may own houses in Vietnam, including:
– 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 foreign bank branches operating in Vietnam (referred to as organizations).
– Foreign individuals are allowed to enter Vietnam.
Foreigners are allowed to own houses in Vietnam through the following 02 groups of forms:
– Investment in housing construction under projects in Vietnam;
– 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. Government regulations.
Note:
+ The form of lease-purchase of a house is that the lessee pays in advance to the lessor to buy 20% of the value of the house, unless the lessee has prepayment conditions, the payment shall not exceed 50%;
+ The remaining amount to be paid shall be calculated into house rent to be paid monthly to the lessor for a certain period of time; after the lease-purchase period expires and when the remaining amount has been paid, the lessee has the right to own the house.
Thus, foreigners are only allowed to buy, rent-purchase houses that are apartments and separate houses in housing construction investment projects, but not outside this area.
Conditions for foreigners to buy houses in Vietnam
According to Article 74 of Decree 99/2015/ND-CP guiding the Law on Housing, foreigners who belong to the above subjects have the right to buy houses in Vietnam, but to buy houses, they must have proofs. Specifically:
Case 1: Conditions with the organization
Organizations must have an investment certificate or documents related to being allowed to operate in Vietnam, issued by a competent Vietnamese state agency, which is still valid at the time of signing the house purchase or lease purchase contract. live.
Case 2: Conditions for individuals
Foreign individuals must meet the following 02 conditions:
– Have a valid passport bearing the entry verification stamp of the Vietnam Immigration Department;
– Not subject to diplomatic privileges and immunities.
Above are the subjects and conditions for foreigners to buy houses in Vietnam. Accordingly, foreigners are only allowed to buy houses in housing construction investment projects and must satisfy all conditions on a case-by-case basis.
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Please see more
- Procedures for Vietnam women to get married to foreigners
- Regain custody of children after divorce under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
According to the provisions of Clause 16, Article 3 of the 2013 Land Law: 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 rights. ownership of houses and other land-attached assets of persons with land use rights, house ownership and other land-attached assets
Thus, the fact that a person’s name is on the land use right certificate is the basis for determining that person is the owner of the land.
According to Article 5 of the Land Law, foreigners are not subject to land users in Vietnam, so foreigners cannot be granted land use right certificates.
Reclaiming the land will become more difficult, but it can be solved, you can file a petition with the Provincial Court where the name of the land holder resides, along with evidence such as a handwritten agreement.
There should be a WRITTEN AGREEMENT between the two parties on asking the person in the name of the household to pay the house rent. If transferring money from abroad, it should clearly state which house payment is being transferred in the content. The amount of the transfer should match the purchase amount on the contract.
If possible, the foreigner should and the person being asked to conduct transactions directly with the seller (visiting the house, agreeing on a deposit, payment, money delivery, etc.).
According to Vietnamese law, there is no regulation on FOREIGNERS buying and using land in Vietnam.
Foreigners can only own houses in Vietnam according to Article 159 of the 2014 Housing Law, which stipulates who can own houses and the form of house ownership in Vietnam by foreign organizations and individuals:
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.
Because they are not allowed to own land in Vietnam, foreigners MUST rely on others to name the land for them.
Conclusion: So the above is Foreigners ask someone to name the land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
