Procedures for buying houses, buying land for individuals, organizations foreigners?

Date02/05/2018 | 09:46

I have questions to ask the attorney to help. "Can foreigners buy land and houses in Vietnam?" If so, what conditions and procedures?

According to the Land Law 2013, land users include Vietnamese residing overseas or foreign organizations with investment projects having land use rights in Vietnam.
As stipulated in Article 5 of the Land Law 2013: "Land users who are allocated or leased land by the State, recognize the land use right and receive land use right transfer in accordance with the provisions of this Law shall include:
1. Domestic organizations include state agencies, people's armed forces units, political organizations, socio-political organizations, economic organizations, socio-political organizations and professional organizations. associations, socio-professional organizations, public non-business organizations and other organizations according to the civil law (hereinafter referred collectively to as organizations);
2. Households and individuals in the country (hereinafter collectively referred to as households and individuals);
3. A population community is a community of Vietnamese living in the same village, hamlet, village, hamlet, residential quarter, residential quarter and similar residential area with the same customs or practices. the clan;
4. Religious establishments include pagodas, churches, chapels, shrines, mosques, Buddhist monasteries, monasteries, religious training schools, religious organizations and other religious establishments. The
5. Foreign organizations with diplomatic functions, including diplomatic missions, consulates, and other foreign diplomatic missions recognized by the Vietnamese Government; representative offices of organizations of the United Nations, inter-governmental agencies or organizations and representative offices of inter-governmental organizations;
6. Vietnamese residing overseas in accordance with the law on nationality;
7. Foreign-invested enterprises include enterprises with 100% foreign investment capital, joint-venture enterprises and Vietnamese enterprises, where foreign investors purchase shares, merge or acquire them according to the provisions of law. Law on investment. "
Thus, according to the above regulations, foreigners only have the right to own houses under two forms of investment in building houses under the project in Vietnam according to the provisions of this Law and relevant laws; Purchase, hire purchase, donation or inheritance of commercial houses, including condominiums and detached houses in investment projects on construction of dwelling houses, except for areas for defense and security maintenance according to regulations. government.
Accordingly, your friends will be able to own a house if they have enough documents to prove their eligibility and meet the conditions of home ownership stipulated in Decree 99/2015 / ND-CP as follows:
"Article 74. Papers evidencing the subjects and conditions for house ownership in Vietnam
1. For foreign individuals, there must be valid passports with stamps of entry verification of entry and exit management agencies of Vietnam and not entitled to diplomatic privileges and immunities according to regulations. The Ordinance on Privileges and Immunities for Diplomatic Missions, Consulates and Representative Offices of International Organizations in Vietnam. "
Clause 2, Article 76 of the Government's Decree No. 99/2015 / ND-CP of October 20, 2015 detailing and guiding the implementation of a number of articles of the Housing Law: "Foreign organizations and individuals Owners of houses in Vietnam shall only be permitted to buy or hire purchase houses of investors of projects on construction of dwelling houses or purchase of dwelling houses of foreign organizations and individuals as stipulated in Point b, Clause 4, Article 7. of this Decree and shall only be entitled to bequeathed or donated to houses of households or individuals or donated to organizations' dwelling houses in the number of dwelling houses specified in Clauses 3 and 4 of this Article. Investment projects on the construction of dwelling houses are allowed to be owned, in cases where foreign organizations and individuals are donated or inherited houses in Vietnam but not owned by them the houses in Vietnam shall be dealt with in accordance with Article 78 of this Decree. "
Thus, foreigners are entitled to buy, hire, donate or inherit commercial houses, including condominiums and separate houses in investment projects on construction of dwelling houses, except for national security zones. rooms and security according to the Government's regulations. Foreign organizations and individuals may own no more than 30% of the total number of apartments of an apartment building; In cases where there is a population equivalent to a ward administrative unit with many apartment buildings for sale or lease, foreign organizations and individuals may own no more than 30% of the apartments. of each apartment building and no more than 30% of the total number of flats of all of these apartment buildings.

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