I am Vietnamese. I have Thai nationality, now my husband and I want to go back to Vietnam to live. So I want to buy a house to live in. What conditions do I need to have to buy a house in Vietnam? Could you please take a moment to give me the correct information that I am entitled to own a house in Vietnam? So, LSX Lawfirm will give you an article about: “Overseas Vietnamese buy houses in Vietnam”, as follows:
Law on Vietnamese Nationality 2008
Law on Land 2013
Housing Law 2014
Decree No. 99/2015
Decree No. 30/2019
Overseas Vietnamese buy houses in Vietnam
Pursuant to Clause 3, Article 3 of the Law on Nationality, Vietnamese people residing abroad are as follows:
“Overseas Vietnamese” are Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries”.
In addition, regarding land use rights, Clause 1, Article 186 of the Land Law 2013 and Clause 2, Article 7 of the Housing Law 2014 stipulate that overseas Vietnamese are subject to the right to own houses in accordance with the law. Regarding housing, they have the right to own a house attached to the right to use residential land in Vietnam.
Conditions for owning houses for foreigners in Vietnam
Firstly, Documents proving eligible house owners
The applicant being a Vietnamese citizen residing overseas must submit the following documents:
a) An unexpired Vietnamese passport that bears the entry seal of a Vietnam’s immigration authority; or
b) An unexpired foreign passport that bears the entry seal of a Vietnam’s immigration authority together with documents proving the Vietnamese nationality or Vietnamese heritage issued by the Department of Justice of a province, an overseas Vietnam’s diplomatic mission, or an authority in charge of management of overseas Vietnamese citizens, or other documents prescribed by Vietnam’s law.
By the way, you can also understand more about: The applicant being a foreign organization or individual must submit documents proving their eligibility. In case a foreign individual submits documents proving his/her Vietnamese heritage, he/she has to choose between policies applied to Vietnamese citizens residing overseas and policies applied to foreigners to determine his/her house ownership in Vietnam.
Secondly, Overseas Vietnamese may conduct real estate trading in the following forms
- Rent buildings for sublease
- Build houses on the land which is leased by the State for lease; or constructions other than houses on such land for sale, for lease, or for lease purchase.
- Build buildings on land which is leased from organizations, households or individuals for lease according to proper land use.
- Receive total or a part of real estate project from investors to build buildings on it for sale, for lease, or for lease purchase.
According to Point b, Clause 2, Article 119 of the Housing Law 2014:
“If the entity is a foreign person, or an oversea Vietnamese, he/she must have full civil capacity to enter into transactions in housing as prescribed in Vietnamese law, qualify for the homeownership in Vietnam as prescribed in this Law and he/she is not required to register temporary or permanent residence in the place where the house under transactions is located”
Related questions about overseas Vietnamese buy houses in Vietnam
What is Housing?
Housing is a building built for the purpose of living and serving the daily needs of households and individuals.
What is private housing?
So, a separate house means a house built on a separate residential plot of land under the lawful use right of an organization, household, or individual, including villas, adjacent houses, and independent houses.
What is an apartment building?
So, 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 work 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.