Officially posted at 08:15 PM on January 15, 2020 at:
BÁO THANH NIÊN – HỘI LIÊN HIỆP THANH NIÊN VIỆT NAM
YOUTH NEWSPAPER – ASSOCIATION OF VIETNAMESE YOUTH
Người gốc Việt Nam định cư ở nước ngoài có được sở hữu BĐS tại Việt Nam?
CAN A VIETNAMESE RESIDING ABROAD BE ENTITLED TO OWNERSHIP OF REAL ESTATE IN VIETNAM?
Question: Mr. P is a Vietnamese expatriate with foreign nationality, currently residing abroad, does Mr. P have the right to own houses and residential land in Vietnam? Should Mr. P ask a person to be the transferee in the documents on behalf of him?
Lawyer Dang Kim Ngan Ha, Ho Chi Minh City Bar Association answer this issue as follows:
**Information is for reference only, not used as a document in legal proceedings.
DETERMINING THE LEGAL STATUS
Pursuant to Article 3 and Article 11 of the Law on Vietnamese Nationality amended in 2014:
Overseas Vietnamese: are Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.
Persons of Vietnamese origin residing abroad: are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offsprings and grandchildren are permanently residing in foreign countries.
One of the following documents can be used to prove a Vietnamese nationality:
- Birth certificate; in case the Birth Certificate does not clearly show Vietnamese nationality, it must be accompanied by documents proving Vietnamese nationality of the parents;
- Identity card;
- Vietnamese passport;
- Decisions to grant Vietnamese nationality, Decisions to revert Vietnamese nationality, Decisions to recognize child adoption for children who are foreigners, Decisions to allow foreigners to adopt Vietnamese children.
Therefore, according to the information provided, assuming that there is evidence proving that Mr. P used to have Vietnamese nationality determined by bloodline or is having Vietnamese nationality, Mr. P’s legal status is determined as: Oversea Vietnamese.
OWNERSHIP OF HOUSING AND LAND
Pursuant to Article 169 and Article 186 of the Law on Land 2013, Overseas Vietnamese who are subject to house ownership under laws on housing shall have the right to own houses associated with land use rights in Vietnam. Overseas Vietnamese who are entitled to own houses in Vietnam in accordance with the laws on housing may receive the transfer of residential land use rights through the forms of purchasing, lease-purchasing, inheriting, gifting houses associated with land use rights or to receive land use rights for housing development projects. Overseas Vietnamese when buying houses that associated with the land in Vietnam may use the land for a long and stable term. Overseas Vietnamese who receive land use rights must follow the same stages, procedures and bear the same financial obligations as Vietnamese citizens when transferring land use rights.
According to Articles 7 and 8 of the Law on Housing 2014 specifies those subjects who are allowed to own houses in Vietnam, including Oversea Vietnamese.
Conditions for recognition of house ownership rights for Overseas Vietnamese must be allowed to enter Vietnam and will be entitled to own houses through the following forms:
– Purchase, lease-purchase of commercial houses of real estate enterprises or cooperatives (hereinafter referred to as real estate enterprises);
– Purchase, receive as gifts, exchange or inherit houses of households and individuals;
– Receive transfer of residential land use right in the investment project on construction of commercial houses whose land is divided into smaller lots for sale in order to build houses as prescribed in law on land of houses.
Mr. P must obtain these following specific documents:
– In case of carrying a Vietnamese passport, it must be valid and receive a confirmation stamp of Vietnam Immigration Department affixed into his passport;
– In case of carrying a foreign passport, it must be valid and receive a confirmation stamp of Vietnam Immigration Department affixed into passport, and accompanied by documents proving the Vietnamese nationality remaining or documents certifying the Vietnamese origin issued by Provincial/Municipal Department of Justice, Vietnamese Representative Agencies in foreign countries, Overseas Vietnamese Manor other papers as prescribed by law of Vietnam.
In a nutshell, Mr. P is entitled to transfer the land use right provided that the land is included in housing development projects or purchase houses associated with land use rights. The inward remittance from abroad to Vietnam shall comply with the Laws on foreign exchange and bank credit management.
Mr. P shall not ask someone to be the transferee on the house purchase contracts or real estate ownership on behalf of him because there are many disputes in the court such as: the the transferee on behalf of the actual purchaser entering into mortgage and then unable to pay, purchasing and selling without notice. When a dispute occurs, it is very difficult to prove that money has been transferred to a domestic person for the purpose of purchasing a house if there is no evidence for the money transfer between individuals.
In some civil cases about “Dispute on reclaiming property” when Viet Kieu (an overseas Vietnamese) asks another person, residing in Vietnam, to receive transfer of such land use right on behalf of him, the Court’s final decision during the trial: the person who actually makes payment for the land use right can get back the invested parts alongside with the increased value of the real estate and its profits. The person receiving transfer of the land use right on behalf of the person actually making payment is entitled to the share of the increase value of the real estate and its yield, according to the efforts made.
UNIVERSAL NETWORK CONNECTION (abbreviated as “UNC”) has been established, operating in the field of Educational Support – Overseas Study and Settlement Immigration Counseling for over 10 years, with a commercial presence in many countries on the world:
UNC Co. Ltd
UNC Migration And Education Services Pty Ltd
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Vietnamese version website: http://uncvietnam.vn/
English version website: http://uncvietnam.vn/en/
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