Legal issues when foreigners buy houses in Vietnam

Considering the needs of foreigners about home ownership procedures in Vietnam and helping foreigners buy houses in Vietnam quickly, conveniently, and economically, Hong Bang Law Firm provides package services for foreigners buying houses in Vietnam, specifically:

  • Consulting on legal regulations for foreigners buying houses in Vietnam;
  • Advising on contracts of deposit, purchase and sale, house donation for foreigners in Vietnam;
  • Advising customers on procedures, conditions and documents to complete the procedures for buying houses for foreigners in Vietnam;
  • Representing clients to carry out procedures for transferring names and granting house ownership certificates to foreigners in Vietnam;
  • Handing over the Certificate of Home Ownership to foreigners.

Pursuant to the Housing Law 2014:

Foreigners (foreign organizations and individuals) are allowed to own houses in Vietnam:

  • Foreign organizations and individuals investing in housing construction under projects in Vietnam in accordance with the Law on Housing and relevant legal documents;
  • Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organizations) outside);
  • Foreign individuals are allowed to enter Vietnam.

Forms of house ownership by foreigners in Vietnam:

  • Investment in housing construction under projects in Vietnam in accordance with the Law on Housing and relevant laws;
  • Buy, rent-purchase, receive as a gift or inherit commercial housing including apartments and separate houses in housing construction investment projects. (Except for housing projects in areas where national defense and security are ensured according to regulations of the Government of Vietnam).

Conditions, rights and obligations of foreigners buying houses in Vietnam:

For individuals and organizations investing in housing construction under projects in Vietnam, when owning a house in Vietnam, they must satisfy the following conditions:

  • Have an investment certificate
  • Having a house built in the project in accordance with the law on housing

For foreign organizations being foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and branches of foreign banks operating in Vietnam when buying a house in Vietnam must meet the following conditions:

  • Having an Investment Certificate or a document related to being allowed to operate in Vietnam (hereinafter referred to as the Investment Certificate) issued by a competent Vietnamese state agency.

For foreigners buying houses in Vietnam:

  • Being allowed to enter Vietnam and not being entitled to diplomatic and consular privileges and immunities as prescribed by law.

For foreign organizations being foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam and individuals Foreigners buying houses in Vietnam are only allowed to own houses when:

  • Only buy, rent-purchase, receive as gifts, inherit and own no more than 30% of the number of apartments in an apartment building; if it is a separate house, including villas and adjacent houses, in an area with a population equivalent to a ward-level administrative unit, only buy, rent-purchase, receive as a gift, inherit and own no more than two hundred and fifty houses;
  • Foreign individuals are allowed to own houses as agreed upon in contracts of purchase, sale, lease-purchase, donation or inheritance, but for a maximum of 50 years from the date of issuance of the Certificate. received and may be extended according to the Government’s regulations if required; the duration of house ownership must be clearly stated in the Certificate;
  • In case a foreign individual marries a Vietnamese citizen or marries a Vietnamese residing abroad, he/she is entitled to own a stable and long-term house and has the same rights of a home owner as a Vietnamese citizen;
  • For foreign organizations, they are allowed to own houses as agreed upon in contracts of purchase, sale, lease-purchase, donation or inheritance of houses, but not exceeding the time limit stated in the Investment Certificate. grants to the organization, including for an extended period; the house ownership period is counted from the date the organization is granted the Certificate and is clearly stated in the Certificate.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace, and success!

Best regards !