Consultation of right to use land and ownership of house of foreigner in Vietnam

You are not entitled to purchase land in Vietnam. However, you are able to own a house in Vietnam if you entry into Vietnam legally or through investment of house construction projects, or purchase, hiring, receiving as a gift, inheriting commercial house including apartment(s), house(es) in house construction project, exception for area used for national defense and secutiry purpose in accordance with regulations of the Government. In particular, Law on Housing 2014 provided:

Article 159. Foreign entities eligible for the homeownership in Vietnam and forms of the homeownership in Vietnam relating to foreign entities

1. Foreign entities eligible for the homeownership in Vietnam include:

a) Foreign entities who invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;

b) Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign-invested funds and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organization);

c) Foreign individuals who are allowed to enter Vietnam.

2. The foreign entities eligible for the homeownership in Vietnam if they:

a) Invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;

b) Buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

Therefore, a foreigner is entitled to own house in Vietnam with valid passport sealed by authority when entrying into Vietnam and may not enjoy immunity and privilege in accordance with law on immunity and privilege for diplomatic organization, consular and international organization to Vietnam.

Which organization/individual is written in Certificate of right to use land? That foreigner is entitled to own commercial house such as apartment and private house in the house construction project: villa, semi-detached house (exception for area used for national defense and secutiry purpose in accordance with regulations of the Government).

Time limit for housing ownership: In accordance with agreement on purchase, inherit, rental between parties or gift agreement, but not exceeding 50 years.

4. Procedures for foreign organization/individual to repurchase the entire contributed capital of Vietnamese investor.

5. Discrepancy between hiring workshop inside industrial zone and outside industrial zone (industrial park).

6. Types of payable-tax for foreign investor in Vietnam

7. Discrepancy between Export Processing Enterprise and other enterprise.

8. Non-payable-taxes to Export Processing Enterprise (Tax incentives)

9. Payable-taxes to investor when hiring/purchasing land in industrial zone

10. Procedures of application for land for project in industrial zone

11. Payable-taxes when purchasing land in industrial park

12. Procedures for C/O

13. Rights and obligations of foreign investors (in production and workshop rental) when investing in Vietnam