Clubs · Nov 16, 2024 · 2 min read
Save
Share
Keep reading
authenticated by
Clubs · Nov 16, 2024 · 2 min read
Save
Share
Keep reading

iGuide Stories
Owning real estate in Vietnam as a foreigner is a topic of great interest. This article addresses whether foreigners can hold a property title in Vietnam, along with the related legal regulations. It aims to help foreigners better understand their rights and limitations when investing in the Vietnamese real estate market.
Pursuant to Article 5 of the 2013 Land Law regulations:
“Land users who are allocated land, lease land, have land use rights recognized, or receive land use rights transferred by the State according to the provisions of this Law, include:
2.Domestic households and individuals (hereinafter referred to as households and individuals).
Pursuant to Clause 3, Article 186 of the 2013 Land Law regulations:
“Rights and obligations regarding residential land use of Vietnamese residing abroad to own houses in Vietnam; Foreigners or Vietnamese residing abroad are not eligible to buy housing attached to residential land use rights in Vietnam.
3. In case all inheritors of land use rights, house ownership, and other assets attached to land are foreigners or Vietnamese residing abroad who are not eligible to buy houses associated with residential land use rights in Vietnam specified in Clause 1 of this Article, the inheritor will not be granted a Certificate of land use rights, ownership of houses and other assets attached to land but may transfer transfer or be given inherited land use rights according to the following regulations:
a) In case of transfer of land use rights, the inheritor is named as the transferor in the land use rights transfer contract;
b) In case of donating land use rights, the recipient must be the subject specified in Point e, Clause 1, Article 179 of this Law and in accordance with the provisions of the law on housing, in which the recipient must The heir is named as the donor in the contract or written commitment to donate;
c) In case the land use rights have not been transferred or donated, the inheritor or representative with a written authorization according to regulations shall submit documents on receiving the inheritance at the land registration agency for updating. recorded in the Cadastral Book".
Pursuant to Clause 1, Article 159 of the 2014 Housing Law regulations:
Subjects eligible to own housing and forms of housing ownership in Vietnam by foreign organizations and individuals
1. Foreign organizations and individuals eligible to own housing in Vietnam include:
a) Foreign organizations and individuals investing in housing construction projects in Vietnam according to the provisions of this Law and relevant laws;
b) Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam (hereinafter collectively referred to as organizations foreign);
c) Foreign individuals are allowed to enter Vietnam".
Thus, foreigners are not allowed to have land use rights certificates in their names, ownership of houses and other assets attached to land for foreigners. But foreigners can have their name on the certificate of ownership of housing for apartments and individual houses in housing investment projects.
Log in to leave a comment. Log in
Be the first to comment.
React to this story
Curate
Sign in to curate