How are foreigners' land use rights in Vietnam regulated?

Currently, it can be seen that in our country, especially in big cities, the number of foreigners choosing to come to our country to live and work is increasing. At the same time, the demand for buying houses and land of these subjects also increased sharply. So do foreigners have the right to have their names on the red book? Please read the following article.

1. Concept

Certificate of land use rights, ownership of houses and other assets attached to land, also known as red book, is a legal certificate for the State to confirm land use rights, ownership of houses and assets. Other assets attached to legal land of people with land use rights, house ownership rights and ownership rights to other assets attached to land.

According to the provisions of Clause 1, Article 3 of the Law on entry, exit, transit, and residence of foreigners in Vietnam:

“Foreigners are people who carry documents identifying foreign nationality and stateless people who enter, exit, transit, and reside in Vietnam.”

In there,

Foreign nationality is the nationality of a country other than Vietnamese nationality.

A stateless person is a person who does not have Vietnamese nationality and also does not have foreign nationality.

Foreigners residing in Vietnam are foreign citizens and stateless people permanently or temporarily residing in Vietnam.

Pursuant to Article 3 of the Law on Vietnamese Nationality.

2. Land use rights of foreigners

According to the provisions of Article 5 of the Land Law 2013, land users include:

“Land users are allocated land, leased land, recognized land use rights, and receive land use rights transfer according to the provisions of this Law, including:

1.Domestic organizations include state agencies, people's armed units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, and social organizations associations, socio-professional organizations, public service organizations and other organizations according to the provisions of civil law (hereinafter collectively referred to as organizations);

2. Domestic households and individuals (hereinafter referred to as households and individuals);

3. Population community includes the Vietnamese community living in the same village, village, hamlet, village, hamlet, hamlet, hamlet, residential group and similar residential area with the same customs, practices or similar common lineage;

4. Religious facilities include pagodas, churches, chapels, shrines, mosques, Buddhist temples, monasteries, separate religious training schools, headquarters of religious organizations and other religious facilities ;

5.Foreign organizations with diplomatic functions include diplomatic representative agencies, consulates, and other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government; representative agency of an organization of the United Nations, intergovernmental agency or organization, representative agency of an intergovernmental organization;

6. Vietnamese people residing abroad according to the provisions of law on nationality;

7.Foreign-invested enterprises include 100% foreign-invested enterprises, joint-venture enterprises, and Vietnamese enterprises in which foreign investors buy shares, merge, and acquire in accordance with the provisions of law. investment law.”

According to the above regulations, foreigners are not subject to land allocation, lease of land, recognition of land use rights, or transfer of land use rights by the State.

At the same time, Clause 3, Article 186 of the 2013 Land Law also stipulates as follows:

“3. In cases where all inheritors of land use rights, ownership of houses, and other assets attached to land are foreigners or Vietnamese residing abroad, they are not eligible to buy attached houses. With residential land use rights in Vietnam specified in Clause 1 of this Article, the inheritor is not granted a Certificate of land use rights, ownership of houses and other assets attached to land but can transfer or are 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.”

Therefore, current law stipulates that foreigners will not have their names on the red book.

3. Foreigners' right to own and use houses

Current law does not allow the issuance of certificates of land use rights, ownership of houses and other assets attached to land to foreigners. Foreigners are allowed to buy and register red books for apartments and individual houses in housing construction investment projects.