“Hello, lawyer! I became a Taiwanese citizen 11 years ago in Vietnam, I bought land and fields; now my mother’s name is in my name; I want to return to Vietnam to change my name; is it possible, sir? Thanks!“. Thanks for your question. Today, LSX Lawfirm will give you an article about “How to transfer land for foreigners to buy Vietnamese land?“, as follows:
Legal grounds
Law on Vietnamese nationality in 2008
Land Law 2013
What is land title transfer?
Land title transfer, also known as red book title transfer, is the transfer of land use rights to another person. Thus, the red book is a common name used by people to refer to the Certificate of land use rights, ownership of houses, and other properties attached to the land based on the color of the Certificate.
Depending on the stage, in Vietnam, there are different types of Certificates such as:
+ Firstly, Certificate of land use right;
+ Secondly, Certificate of house ownership and residential land use right;
+ Thirdly, Certificate of house ownership.
Accordingly, the transfer of land use rights is understood as a civil transaction in which the object of the transaction is the land use right. Transfer of land use rights is understood as the transfer of land use rights from one subject to another in accordance with the provisions of the Civil Code 2015 and the law on land. Transfer of land use right is a land-use right that is put into civil circulation and not lands (land ownership right) because the land is the object of ownership by the entire people. The transfer of land use rights is limited by conditions prescribed by the state. Land use right is a derivative right, dependent on the state’s land ownership.
Thus, it can be seen that land use right is a specific type of civil right in which the holder of the land use right transfers this right to another person in the form of exchange, transfer, lease, or sublease. , inheritance, mortgage, donation, and capital contribution equal to the value of land use rights as prescribed by law. Land use right is a special civil rights.
Foreigners include who?
According to Clause 3, Clause 4, Article 3 of the Law on Vietnamese nationality in 2008; include the following people:
- Firstly, Overseas Vietnamese are Vietnamese citizens and residents of Vietnamese origin; who live abroad for a long time.
- Secondly, A person of Vietnamese origin residing abroad is a Vietnamese person who used to have Vietnamese nationality and whose nationality at birth is determined according to the principle of bloodline and children; their grandchildren are residing; live abroad for a long time then.
- So, the Vietnamese community living abroad includes both Vietnamese citizens (those who still have Vietnamese nationality) and people of Vietnamese origin (who used to have Vietnamese nationality but whose nationality was confirmed at birth). determined according to the principle of bloodline and their children and grandchildren).
How do transfer land for foreigners to buy Vietnamese land?
Based on the above regulations, you are a Vietnamese residing abroad. Article 169 of the 2013 Land Law; There are regulations on receiving land use rights of overseas Vietnamese as follows:
Purchase form; to rent; hire-purchase; donation; inherit
Overseas Vietnamese who are eligible to own houses in Vietnam in accordance with the law on housing may receive the transfer of residential land use rights through the form of purchase; hire purchase, receive an inheritance; receive and donate houses attached to residential land use rights or receive residential land use rights in housing development projects;
Economic organizations, self-financed public non-business organizations; households, individuals, overseas Vietnamese, foreign-invested enterprises; foreign organizations with diplomatic functions may receive land use rights through land lease by the State then;
Organizations, households, and individuals; residential communities, religious establishments; overseas Vietnamese are entitled to receive land use rights through land allocation by the State; foreign-invested enterprises receive land use rights through the State’s allocation of land for the implementation of investment projects to build houses for sale or for sale in combination with a lease then.
Another form
Organizations, households, individuals, overseas Vietnamese; foreign-invested enterprises may receive land use rights according to the results of successful conciliation of land disputes recognized by competent People’s Committees; agreement in the mortgage contract for debt settlement; decisions of competent state agencies on the settlement of land disputes; complaints and denunciations about land, decisions or judgments of the People’s Courts; judgment enforcement decisions of the executed judgment enforcement agencies; a document recognizing that the auction results of land use rights are in accordance with the law; documents on the division of land use rights in accordance with law for households or groups of people with common land use rights then;
So, you can base on the above provisions to see if you are eligible to transfer or not.
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Related article
Guidance on procedures for transferring land use rights in Vietnam
Change of land use purpose in Vietnam
Documents to apply for land use extension in Vietnam
Related questions
– Firstly, A foreigner means a person with the nationality of another country who is working, studying, working, or living in the territory of the Socialist Republic of Vietnam.
– Secondly, A stateless person means a person who has no nationality or 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, they can be divided into Foreigners permanently residing, ie foreigners residing and working. eat and live for a long time in Vietnam.
So to make the donation of house and land use rights; one must meet the conditions specified in Article 188 of the 2013 Land Law as follows:
– Firstly, The donor of the land use right is required to have a certificate of land use right; owning a house for the donated land.
– Secondly, The donated land must be in dispute at the time of donation.
– Thirdly, The donor’s real estate property does not fall into the case of distraint; to ensure the enforcement of judgments and decisions of competent courts. Donated land must ensure the condition is still in use when the State allocates or leases land. In addition to these cases, housing and land within protection forests and special-use forests may only be donated to people living in this area.
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