Currently, along with the development of the process of integration and opening up, the exchange of trade, services and tourism between countries is taking place more and more. Along with that, many foreigners coming to Vietnam also have the tendency and desire to buy land, buy a house and live here for a long time. So is it legal for foreigners to buy land in Vietnam? How does the law specifically deal with this case? LSX Lawfirm will give you an article about:”Form of house ownership if you are a foreigner in Vietnam”, as follows:
Legal grounds
Land Law No. 45/2013/QH13;
Housing Law No. 65/2014/QH13
Can foreigners buy residential land in Vietnam?
According to the provisions of Article 5 of the 2013 Land Law, land users; who are allocated or leased land by the State; have their land use rights recognized, or receive land use rights transfer include:
- Firstly, Domestic organizations include state agencies; units of the people’s armed forces, 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 the civil law;
- Secondly, Domestic households and individuals;
- Thirdly, Residential community includes the Vietnamese community living in the same hamlet; village, hamlet, hamlet, phum, squirrel, residential group; and similar population quarters with the same customs, habits or common family line;
- Religious establishments include pagodas, churches, chapels, sanctuaries, sanctuaries, Buddhist recitation halls, monasteries, religious training schools; headquarters of religious organizations and other religious establishments;
- Then 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 residing abroad in accordance with the law on nationality;
- Finally, 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.
In addition
Law on entry, exit, transit and residence of foreigners in Vietnam 2014 stipulates that foreigners are people without Vietnamese nationality; including foreign nationals and stateless people.
Therefore, according to the provisions of the above Land Law; foreigners are not allowed to allocate land, lease land from the Vietnamese State, recognize land use rights; receive land use rights, ie cannot buy land in Vietnam.
You can also refer to the article related to Regulations on apartment ownership; or In case the company’s head office address is located in an apartment building in Vietnam; or Transfer of investment projects associated with the transfer of land use rights in Vietnam
Related artice: Procedures for foreigners to buy apartments in Vietnam
Foreigners buy apartments of Vietnamese individuals
Foreigners buy houses in Vietnam
However, according to the provisions of the Law on Housing 2014, foreigners have the right to own houses in Vietnam. As follows:
Regarding the subjects of foreign organizations and individuals who are allowed to own houses
Clause 3, Article 7 and Article 159 stipulate that these subjects include:
- So, Foreign organizations and individuals investing in construction of houses under projects in Vietnam in accordance with this Law and relevant laws; provided that they have an Investment Certificate and have a house built in Vietnam. project.
- Foreign-invested enterprises, branches; representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam; provided that they have an Investment Certificate investment; or documents related allowed to operate in Vietnam, issued by a competent Vietnamese state agency
- So, Foreign individuals allowed to enter Vietnam with the condition allowed to enter Vietnam; and do not entitle to diplomatic and consular privileges and immunities as prescribed by law
Regarding the form of house ownership by foreign organizations and individuals
Foreign organizations and individuals may own houses in Vietnam through the following forms:
– Invest in building houses according to projects in Vietnam
– So, buy, rent-purchase; receive as gift or inherit commercial housing, 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.
Thus, foreigners only allowed to buy; rent-purchase houses that are apartments; and separate houses in investment projects to build commercial houses, except for areas where national defense and security ensured.
Besides, the Law also specifically stipulates a number of rights of house owners being foreign individuals and organizations:
- Only buy, rent-purchase, receive as gifts; inherit and own no more than 30% of the number of apartments in an apartment building; if it is a separate house, including villas and adjacent houses, in an area with a population equivalent to a ward-level administrative unit; only buy, rent-purchase, receive as a gift, inherit and own no more than two hundred and fifty houses.
- So, for foreign individuals, they may own houses as agreed upon in contracts of purchase, sale, lease-purchase, gift or inheritance, but for a maximum of 50 years from the date of issuance of the Certificate of Inheritance. received and can be extended according to the Government’s regulations if needed.
- For foreign organizations, they may own houses as agreed upon in contracts of purchase, sale, lease purchase, donation or inheritance of houses, but not exceeding the time limit stated in the Investment Certificate. grants to the organization, including for an extended period.
As can be seen, foreigners living in Vietnam are not allowed to buy land in Vietnam, but can still buy houses and own houses in Vietnam in accordance with the law.
Related questions
The purpose is to make a place to live for people whose houses and land have been cleared. People choose one of the following two cases:
Receive compensation and move to another place
Moving into a resettlement area (a type of apartment building with basic services)
This is a type of apartment for people with low income. People who have been working for a long time but do not have enough money to buy a house have to rent a house to live in. In general, you will have to show low income to get into this type of housing.
Social housing is only granted a certificate of house ownership, lease and transfer after 5 years of receiving the house.
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