Homeownership of foreigners when they marry Vietnamese citizens has always been a problem with many married couples in Vietnam. In today’s topic, LSX will give you the answer on this issue.
- Law on Housing 2014
- Law on Marriage and Family 2014
- Decree 99/2015/ND-CP
Homeownership of foreigners in Vietnam
Since the 2014 Law on Housing has come into force, it facilitates for many foreigners to own houses in Vietnam. According to Clause 7, Article 159, 2014 Law on Housing; foreigners has the right to own houses in Vietnam in the following cases:
- Foreign individuals investing in building houses under Vietnamese project in accordance with the 2014 Law on Housing and relevant laws;
- Foreign individuals are allowed to enter Vietnam.
In the case of foreigners who marry Vietnamese citizens, they mostly surpass the law’s requirement; or in another way, they could own houses in Vietnam.
Forms of foreigners’ homeownership in Vietnam
Accordingly, foreign entities could own houses if they:
- Invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;
- Buy, rent and purchase, receive or inherit commercial housing including apartments and separate houses in the project for housing construction; except for areas under management relating to national defense and security as prescribed in regulations of the Government.
Thereby, foreigners in general or those who marry Vietnamese in particular, could not own houses in some particular areas; aside from apartments and separate houses in the project for housing construction. If foreigners own houses through donation or inherit unauthorized areas, accordingly, the provisions of Decree 99/2015/ND-CP; they can donate or sell this house to subjects who are eligible to own a house in Vietnam to enjoy the property value.
Even in the marriage period, when they use money as common property during marriage to buy a house in Vietnam, together with the conditions for Vietnamese buying houses in Vietnam; it is mandatory to comply with the conditions for foreigners to buy houses in Vietnam and own a house in Vietnam.
Timelimit for foreign individuals in marriage to own houses in Vietnam
Hence Point c, Clause 2, Article 161, 2014 Law on Housing; if a foreign individual marries a Vietnamese citizen or an overseas Vietnamese; he/she qualifies for stable and long-term homeownership and has all rights of homeowner similarly to Vietnamese citizens.
Accordingly, stateless entities are still considered foreigners. Therefore, they can own a house when fully meets the requirements of the law.
The number of houses depends on the investment project that the investor makes. But basically, the number will not exceed 250 units.
Foreigners are persons bearing the nationalities of other countries, who are studying, working, living in the Vietnamese territory.