Rights of Overseas Vietnamese and Foreign own houses in Vietnam

2. Foreign organizations and individuals that invest in building houses in Vietnam under the investment law may own houses under the Housing Law. Those buying houses in Vietnam may own houses under the National Assembly's Resolution No. 19/2008/QH12 of June 3, 2008. allowing foreign organizations and individuals to buy and own houses in Vietnam on a trial basis, and guiding documents.

Article 66. Papers evidencing overseas Vietnamese’s eligibility to own houses in Vietnam

1. Overseas Vietnamese eligible to own houses in Vietnam undqv.Article 1 of Law No. 34/2009/QH 12 Amending an plementing Article 126 of the Housing Law and 121 of the Land Law must possess the following papers to evidence their eligibility:
a/ Those bearing Vietnamese nationality must possess a valid.Vietnamese passport. Those holding a foreign passpdrt must produce one of the papers evidencing their Vietnamese nationality under the nationality law;
b/ Those of Vietnamese origin must possess a foreign passport together with a written certification of their Vietnamese origin issued by a competent Vietnamese authority.
2. Overseas Vietnamese below may own (an unlimited number of) houses in Vietnam through purchase, donation or inheritance, or exchange of houses or transfer of residential land use rights under housing development projects of real estate trading enterprises (for projects in areas where transfer of land use rights through sale of groundwork is permitted under the land law) to build houses for themselves and their family members in Vietnam:
a/  Those specified at Point a. Clause 1 of this Article;
b/ Those specified at Point b. Clause 1 of this Article who must:
- Make direct investment in Vietnam under the investment law and possess an investment or business registration certificate issued by a competent Vietnamese authority:
- Make contributions to the country, including those entitled to incentives under the Ordinance on Preferential Treatment of People Who Rendered Meritorious Services to the Revolution and producing papers evidencing their entitlement to preferential treatment issued by a competent Vietnamese authority; those with  records and achievements in the cause of national liberation or construction and awarded an order or a medal by the President or a certificate of merit by the Prime Minister; members of executive committees of Vietnamese sociopolitical organizations and the Vietnam Fatherland Front.” Committees at the provincial or higher level and béing certified by those organizations; members of central executive committees of associations, key figures. of movements and organizations of overseas Vietnamese having relations with the homeland and those making active contributions or assistance to Vietnam's overseas representative agencies or external activities overseas and being certified by the State Committee for Overseas Vietnamese or Vietnamese overseas diplomatic missions;
- Be culturists and scientists, including holders of Vietnamese or foreign academic titles or degrees in science, education, culture and arts, physical  training and sports, and economic and social  experts working in Vietnam. They must be invited by leaders of the Party or the State, ministers, heads of ministerial-level agencies or government-attached agencies, chairpersons of provincial-level People’s Committees, heads of universities, colleges, academies or research institutes of Vietnam to work as experts, collaborators or lecturers for these agencies or organizations and such invitation is certified by the agencies or organizations concerned;
- Possess special expertise or skills with certificates of their expertise or skills issued by Vietnamese professional associations or ministerial-level  agencies in charge of such expertise or skills together with permits for professional practice in Vietnam issued by a competent Vietnamese authority (for cases in which such permits are required by law) or work permits issued by a competent Vietnamese authority (for cases in which professional practice permits are not required); or:
Have a Vietnamese spouse living at home and possess a marriage certificate issued by a competent Vietnamese or foreign authority enclosed with the permanent residence book and people identity card of the Vietnamese spouse.
Those possessing papers issued by foreign authorities must have them translated into Vietnamese arid certified by Vietnamese notary offices.
3. Overseas Vietnamese of Vietnamese origin other than those specified at Point b. Clause 2 of this Article" who possess the papers specified at Point b, Clause 1 of this Article and a visa exemption certificate issued by a competent Vietnamese authority may own a detached house or an apartment in Vietnam.
If they receive another house as inheritance or donation while having already owned a house in Vietnam, they may choose to own only one house. They may donate or sell the other house to those eligible to own houses in Vietnam to enjoy the house’s value under Article 72 of this Decree.

Article 67. Papers evidencing overseas Vietnamese’s residence in Vietnam.

1. Overseas Vietnamese holding a Vietnamese passport must possess either of the following papers issued by the police of the ward, commune or township (below referred to as ward-level police) in which they reside:
a/ Temporary residence book;
b/ Written certification of temporary residence registration in the locality.
Overseas Vietnamese holding a Vietnamese passport must make an application and produce their passports to the ward-level police when  requesting issuance of the papers specified in this Clause. Within 3 days after receiving an application, the ward-level police shall grant either of the papers specified.in this Clause to overseas Vietnamese.
2. Overseas Vietnamese holding a foreign passport must possess either of the following papers issued by the Vietnamese immigration management agency:
a/ Temporary residence register
b/ Passport of temporary residence in Vietnam for 3 months or more.

Article 68. Procedures for control of overseas Vietnamese’s ownership of one house in Vietnam.

For overseas Vietnamese eligible to own one house under the Housing Law, the agency competent to grant certificates of land use rights and house and land-attached asset owner ship shall comply with the following provisions:
1. Before granting a certificate of land use rights and house and land-attached asset ownership rights, a district-level People's Committee shall check information on overseas Vietnamese's house ownership posted on the website of the Ministry of Construction.
When ah applicant for a certificate of land use’rights and house and land-attached asset ownership rights is not listed on the website of the Ministry of Construction, the district-level People's Committee shall sign such certificate and carry out procedures to hand over the certificate to the owner. When an applicant is listed on the website of the Ministry of Construction, the district-level People’s Committee shall return the application dossier to the applicant and issue a written reply clearly stating the reason;
2. Within 2 working days after signing a certificate of land use rights and house and land-attached asset ownership, the district-level People’s Committee shall send the Ministry of Construction a notice of the full name, passport number and date and place of issue of the buyer, donatee or their of a house, the address of the house granted with the certificate, the number and date of issue of the certificate for the Ministry of Construction to publish such information on its website;
3. When a house owner under this Article has sold or given as donation or inheritance the house to another person, the district-level People’s Committee shall send a notice to the Ministry of Construction for the latter to remove the name of such house owner from the list on its website;
4. Chairpersons of district-level People’s Committees shall take responsibility for their delayed notification or failure to notify the Ministry of Construction of house ownership or transfer of house ownership by house, owners specified in this Article.
The Ministry of Construction shall issue the form of report of district level People's Committees to the Ministry of Construction under this Article.

Article 69. Handling of overseas Vietnamese's violations of regulations on ownership of dne house in Vietnam

1. Overseas Vietnamese eligible to own one house in Vietnam under the Housing Law who falsify papers or commit other violations to own more than one house in Vietnam may not obtain a certificate of ownership for such house. If having obtained a certificate, they shall sell the house within 120 days after their violations are detected and be sanctioned under the law on administrative sanctioning in housing management and development.
2. Past the time limit set in Clause 1 of this Article, a violator who fails to sell the house is subject to revocation of the granted certificate of house ownership and the unsold house will come under the ownership of the Vietnamese State.
3. Cadres, civil servants and involved persons who violate the Housing Law and this Decree shall be handled under the law on cadres and civil servants and relevant laws.

Article 70. House ownership by foreign organizations and individuals in Vietnam

1. Foreign organizations and individuals may own houses in Vietnam through investment in building houses for lease or may buy apartments under projects on commercial housing development.
2. Foreign organizations and individuals that invest in building houses for lease may be granted by competent state agencies certificates of land use rights and house and land-attached asset ownership for those houses. The house ownership duration is the period stated in their investment certificates, which shall be clearly written in the certificates of land use rights and house and land-attached asset ownership.
3. Investors of projects to build houses for sale may not be granted certificates of land use rights and house and land-attached asset ownership by the State. After construction is completed, investors may sell these houses to organizations and individuals eligible to own houses in Vietnam under the Housing Law, the law on real estate business and this Decree.
Investors shall carry out procedures to request competent state agencies to grant certificates of laud use rights and house and land-attached asset ownership to house buyers within 50 days after handing over houses to buyers, unless house buyers voluntarily carry out such procedures.
4. The order and procedures for granting certificates of land use rights and house and land-attached asset ownership to foreign organizations and individuals comply with the law on grant of certificates of land use rights and house and land-attached asset ownership.

Article 71. Overseas Vietnamese and foreign organizations and individuals renting houses in Vietnam

1. Eligible lessees and conditions for renting houses in Vietnam:
a/ Foreign organizations licensed to operate in Vietnam;
b/ Foreigners permitted to enter Vietnam for 3 consecutive months or more;
c/ Overseas Vietnamese currently in Vietnam wishing to rent houses.
2. The house rent order and procedures, rights and obligations of house lessees comply with Clause 2, Article 62 of this Decree.

Article 72. Cases of enjoyment of house value.

1. When receiving a house as donation or inheritance, the following foreign organizations and individuals and overseas Vietnamese may not obtain a certificate of house ownership but may only enjoy the value of that house:
a/ Foreign organizations and individuals ineligible to own house in Vietnam;
b/ Foreigners eligible to own only an apartment under projects on commercial housing development that are owning an apartment in Vietnam at the time of receiving a house as donation or inheritance;
c/ Foreign organizations and individuals eligible to own apartments under projects on commercial housing development that receive as donation or inheritance houses other than apartments under projects on commercial housing development;
d/ Overseas Vietnamese permitted to reside in Vietnam for less than 3 months;
e/ Overseas Vietnamese eligible to own only one house in Vietnam who are owning a house in Vietnam at the time of receiving a house as donation or inheritance.
2. Organizations and individuals receiving houses as donation or inheritbnce under Clause 1 of this Article may sell or authorize others to sell those houses when possessing the following papers:
a/ House donation contracts or inheritance papers made under Article 93 of the Housing Law, this Decree and the civil law of Vietnam;
b/ Any of the papers evidencing the house ownership of the party giving the house as donation or inheritance as follows:
- House owner ship certificate granted under the Housing Law;
- Certificate of house ownership and residential ladduse rights granted under the Government’s Decree No. 95/2005 NB/CP of July 15, 2005, on rights to own houses and use residential land in urban areas;
- House ownership certificate grarited under the Government’s Decree No. 95/2005/N.D-CP of July 15, 2005, on grant of certificates of rights to own houses and construction works;
- Land use right certificate granted under the land law, which mentions the house of the party giving it as donation or inheritance;
- Certificate of use land rights and house and land- attached ownership granted under the land law.
c/ Written authorization of house sale made under Vietnam’s civil law (when authorizing another person to sell houses).