Currently, more and more foreigners are living and working in Vietnam, therefore they will often have a need and desire to own a house in Vietnam. So, according to current Vietnam law, can foreigners own houses in Vietnam? If so, what conditions must they meet? Let’s find out through this article of KAV Lawyers (KAV Lawyers will not mention the case of foreigners investing in housing construction projects in Vietnam in this article).
1. Foreigners are allowed to own houses in Vietnam
According to the provisions of point c, clause 1, Article 159; clause 3, Article 60 of the 2014 Law on Housing and clause 1, Article 74 of Decree No. 99/2015/ND-CP (amended by Decree No. 30/2021/ND-CP) (“Decree 99”), foreign individuals are allowed to own houses in Vietnam when they have valid passports with entry verification stamp of the Vietnam immigration authorities and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic agencies, consular offices, and representative authorities of international organizations in Vietnam.
2. Forms of foreigners being allowed to own houses in Vietnam
According to the provisions of point b, clause 2, Article 159 of the 2014 Law on Housing and clause 1, Article 75 of Decree 99, foreign individuals may own houses in Vietnam through the following forms: Purchase, lease-purchase, receive donation or inherit commercial housing, including apartments and separate houses in commercial housing construction investment projects, except for areas ensuring national defense and security in accordance with Vietnam law.
3. Conditions for owning houses in Vietnam for foreign individuals
Clause 2, Article 76 of Decree 99 stipulates: Foreign organization and individuals eligible to own houses in Vietnam may only purchase, lease-purchase houses from owners of housing construction projects, or purchase houses of the foreign organization and individuals under the provisions of this Decree, and may only inherit, receive donation of houses of households or individuals or receive donation of houses of organizations within the number of houses specified in this Decree in housing construction investment projects permitted to own.
In addition to the above conditions, according to the provisions of the 2014 Law on Housing and Decree 99, foreign individuals are only allowed to own houses within the number of houses allowed to own according to the relevant regulations.
4. Term of ownership of houses of foreign individuals in Vietnam
According to point c, Cclause 2, Article 161 of the 2014 Law on Housing, a foreign individual is allowed to own houses as agreed upon in transactions of contracts for purchase, sale, lease-purchase, donation or inheritance, but not more than 50 years from the date of issuance of the Certificate and can be extended according to regulations if required. In case a foreign individual marries a Vietnamese citizen or marries a Vietnamese residing overseas, he/she is entitled to own a stable and long-term house and has the same rights of a house owner as a Vietnamese citizen.
Above are some information related to the ownership of houses by foreigners in Vietnam that KAV Lawyers would like to share with Clients. In case Clients have questions or need legal advice related to the purchase, inheritance, donation, dispute…. on housing in Vietnam related to foreigners, please contact KAV Lawyes with the following information:
Tel.: (+84) 28 6270 7075 or (+84) 949 761 861
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KAV Lawyers is a Vietnamese law firm based in District 4, Saigon (Ho Chi Minh City), Viet Nam. With a team of experienced lawyers and associates in the field of real estate and giving legal advice for expats, foreigners in Viet Nam, Vietnam lawyers from KAV Lawyers can help and support the clients in this field.