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Legal grounds
Law on Housing 2014
Necessary and sufficient conditions to buy a house in Vietnam
Conditions for foreign individuals and organizations to buy and own houses in Vietnam are specified by law in the Law on Housing 2014. Specifically in Article 5, Decree 99/2015/ND-CP stipulates that conditions for foreigners to buy houses in Vietnam.
Firstly, when buying a house, a foreign individual must have a valid passport and an entry verification stamp of the State management agency.
In addition, if it is a foreign organization, it must be eligible for recognition of house ownership in Vietnam. At the same time, have an investment registration certificate or a document approved by a competent Vietnamese agency for operation that is still valid at the time of signing the housing transactions.
Secondly, oreigners buying houses in Vietnam have documents proving their conditions to buy and own houses in Vietnam. Foreign individuals must have a permanent residence card or a temporary residence card in Vietnam. These documents are issued by the immigration authority with a term of 12 months or more. In addition, foreigners buying houses are not eligible for diplomatic and consular privileges and immunities under the Ordinance of the National Assembly Standing Committee.
Prohibited acts about live related to Housing Law in Vietnam
Firstly
Infringing the homeownership of the State, organizations, households or individuals.
Secondly, Obstructing the fulfillment of state management of housing, exercise of rights and fulfillment of obligations of the organization, household, or individual in terms of the homeownership, use of housing and housing-related transactions.
Thirdly, Introducing policies on residential construction projects or residential construction projects in contravention of approved residential construction planning, residential development planning.
Related article:
What should foreigners pay attention to when buying a house in Vietnam?
Procedures for renting houses for foreigners in Vietnam
In addition to about “Prohibited acts about live related to Housing Law in Vietnam”
Building houses on the pieces of land other than residential land; build houses in contravention of standards for design standards, housing area standards applied to each type of houses as prescribed. Applying the incorrect calculation of floor area prescribed in law on housing sale or specified in the lease purchase agreement.
Illegal appropriation of housing areas; encroaching upon the space and facilities under common areas or ownership of other owners in any shape or form; arbitrarily change the bearing structure or change the design of private areas in the apartment building.
Using the common areas and facilities under joint ownership or joint use for private purposes; use common areas or the areas for service provision in a mixed-use building for improper purposes against the approval of residential construction project or the approved project, unless such area is permitted to change purposes by a competent agency.
Using mobilized capital or advance payments for housing development for improper purposes.
The investor in a residential construction project authorizing or assigning the parties involved in investment cooperation, joint venture, association, capital contribution or other organizations, individuals to conclude agreements on housing lease, lease purchase, sale, deposit agreements on housing-related transactions or agreement on trading of land use rights in projects.
Making transactions in housing sale or transfer of housing sale agreement, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, and permission for stay or authorization for housing management not in accordance with this Law.
So, it related to “Prohibited acts about live related to Housing Law in Vietnam”
Finally
- Renovate, expand, demolish the houses under agreements on housing lease, lease purchase, lending, permission for stay, or authorization of housing management without the consent of the homeowner.
- Use the apartments not for residential purposes; the area for business purposes in the apartment building under approved project for trading flammable materials, explosives, providing services causing environmental pollution, noise or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of the Government.
- Use the separate houses for trading flammable materials, explosives, providing services causing environmental pollution, noise or other operations or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of law on requirements for business.
- Provide information about housing inaccurately, untruthfully, unconformably with regulations or requests of the competent agencies; destroy or falsify information in the database of housing managed by the competent agencies.
Related questions about “Prohibited acts about live related to Housing Law in Vietnam”
Authority to issue land recovery decisions?
Pursuant to Article 66 of the 2013 Land Law, the authority to issue recovery decisions prescribed as follows:
People’s Committees of provinces and centrally run cities (provincial People’s Committees)
Provincial-level People’s Committees shall decide to withdraw in the following cases:
Withdrawal from organizations, religious establishments; overseas Vietnamese; foreign organizations with diplomatic functions, foreign-invested enterprises, except for cases where residential land is recovered from people. Overseas Vietnamese are allowed to own houses in Vietnam.
To recover agricultural land belonging to the public land fund of communes, wards and townships.
People’s Committees of districts, towns, provincial cities (District People’s Committees)
The district-level People’s Committee shall decide to withdraw in the following cases:
Recovery of land from households, individuals and communities;
Recovery of residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
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