Hello everyone and Lawyer. I have a question that I would like answered as follows. My friend is Vietnamese but currently resides abroad. My friend asked if he could own a house in Vietnam. Looking forward to receiving help from everyone and Lawyers. Thank you. Hello! To answer the above questions, please read with Lawyer X to find out the above issue through the article “Can Vietnamese residing abroad own a house in Vietnam?” The following.
How are Vietnamese people living abroad?
Pursuant to Clause 3, Article 3 of the Law on Nationality 2008 (amended and supplemented in 2014), then
“Vietnamese people residing abroad are Vietnamese citizens and people of Vietnamese origin residing and living abroad for a long time”
Thus, Vietnamese people residing abroad include 2 subjects:
– Vietnamese citizen is a person with Vietnamese nationality (Article 17 of the 2013 Constitution)
– People of Vietnamese origin residing abroad for a long time are Vietnamese people who used to have Vietnamese nationality, whose nationality at birth is determined according to the principle of bloodline and their children and grandchildren are residing, live permanently abroad. (Clause 4, Article 3 of the 2008 Law on Citizenship).
Can Vietnamese residing abroad own a house in Vietnam?
Pursuant to Article 7 of the Law on Housing 2014. Subjects entitled to own houses in Vietnam
“Article 7. Subjects entitled to own houses in Vietnam
- Domestic organizations, households and individuals.
- Vietnamese residing abroad.
- Foreign organizations and individuals specified in Clause 1, Article 159 of this Law.”
Pursuant to Point dd, Clause 1, Article 169 of the 2013 Land Law.
“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, lease-purchase, inheritance or receipt donate houses attached to residential land use rights or receive residential land use rights in housing development projects;”
Example: Overseas Vietnamese are entitled to buy apartments or buy commercial houses in housing development projects.
Thus, Vietnamese law does not allow overseas Vietnamese to receive the transfer of land use rights. If not in the above case. For example, agricultural land, land for perennial crops or residential land is not part of housing developments.
Conditions to be recognized as home ownership
Pursuant to Article 8 of Law on Housing 2014. Conditions for overseas Vietnamese to have their house ownership recognized
– Vietnamese residing abroad must be allowed to enter Vietnam
– For overseas Vietnamese, it is through the form of buying, renting and buying commercial houses of real estate enterprises and cooperatives (hereinafter referred to as real estate enterprises). ;
– Buying, receiving as gifts, exchanging or inheriting houses of households and individuals
– Receive transfer of residential land use rights in commercial housing construction investment projects that are allowed to sell the ground to organize the construction of houses on their own in accordance with the provisions of law;
What are the documents proving that overseas Vietnamese are allowed to own houses in Vietnam?
Pursuant to Clause 2, Article 5 of Decree 99/2015/ND-CP stipulates as follows:
“Article 5. Papers proving the subjects entitled to own houses
- For domestic organizations, households and individuals, when carrying out procedures for issuance of a Certificate of land use rights and ownership of houses and other land-attached assets (hereinafter referred to as the Certificate of land use rights), ) must have papers identifying the subject’s identity according to the regulations on grant of certificates of the land law.
- For overseas Vietnamese, the following papers are required:
a) In case a Vietnamese passport is held, it must be valid and have the entry verification stamp of the Vietnamese immigration authority on the passport;
b) In case of holding a foreign passport, it must be valid, stamped with the entry verification stamp of the Vietnamese immigration authority on the passport and enclosed with papers proving the remaining Vietnamese nationality or documents certification of being of Vietnamese origin, issued by the provincial/municipal Justice Services, overseas Vietnamese representative missions, overseas Vietnamese management agencies, or other documents as prescribed. of Vietnamese law.”?
Procedure to buy a house of overseas Vietnamese living in the US?
Real estate business enterprises investing in the construction of houses for sale are responsible for submitting foreign individuals to buy apartment houses in the commercial housing development projects of the real estate business enterprises at the Registration Office. land under the Department of Natural Resources and Environment;
After receiving the application, the Land Registry Office will check the legal documents in the file. In case of necessity, send opinion forms from the state management agency in charge of housing and construction works; upon receiving the opinion form, the housing and construction management agency shall reply in writing to the land registration office;
Check the status of land use
Make a dossier, write a Certificate and send it to the Department of Natural Resources and Environment to sign the Certificate;
When receiving the Certificate, notify the organization to notify the Certificate grantee of paying financial obligations (the time the applicant for the Certificate of financial performance does not count towards the time to process the procedures). Issue certificate);
After the organization submits sufficient documents to fulfill the financial obligations of the certificate applicant, the land registration office shall be responsible for collecting the original papers on land and assets attached to land. And give the Certificate to the organization to pay to the grantee.
Frequently asked questions
Thus, when the above Vietnamese overseas Vietnamese are confirmed to be Vietnamese residing abroad so that they can buy a house in Vietnam, they need to have documents proving their home ownership in Vietnam according to Article 5 of Decree 99/ 2015/ND-CP.
Pursuant to Clause 1, Article 6 of Decree 99/2015/ND-CP. Thus, for Vietnamese residing abroad, if they are not allowed to enter Vietnam but are given or inherited a house in Vietnam, the house ownership will not be recognized.
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