Dossier and procedures for extending the duration of house ownership in Vietnam for foreign organizations and individuals in Vietnam

1. Dossier for extension of house ownership duration in Vietnam for foreign organizations and individuals

Based on Clause 1, Article 6 of Decree 95/2024/ND-CP, the dossier for the extension of house ownership duration in Vietnam for foreign organizations and individuals includes:

- Application form according to Form No. 01 of Appendix I issued together with Decree 95/2024/ND-CP;

- A certified copy or a copy accompanied by the original for comparison of the Certificate of land use rights, house ownership, and properties attached to the land or a certificate of house ownership issued in accordance with the Land Law 2024 (hereinafter collectively referred to as Certificate);

- A copy of the valid passport of the house owner with an entry stamp into Vietnam from a competent authority or equivalent legal documents for entry into Vietnam at the time of the extension request (applies to cases where the house owner is a foreign individual);

- An investment registration certificate extended by competent authorities in Vietnam at the time of the extension request (applies to cases where the house owner is a foreign organization).

2. Procedures for extension of house ownership duration in Vietnam for foreign organizations and individuals

The procedures for the extension of house ownership duration in Vietnam for foreign organizations and individuals are carried out as follows:

Step 1: Foreign organizations and individuals desiring an extension of house ownership duration must directly or via postal services or online submit 01 set of the dossier stipulated in Clause 1, Article 6 of Decree 95/2024/ND-CP to the People's Committee at the provincial level where the house is located for consideration and resolution at least 3 months before the house ownership expires.

Step 2: Within a maximum of 30 days from the date of receipt of a valid dossier from the foreign organizations or individuals requesting an extension, the provincial People's Committee is responsible for checking the dossier. If it still meets the criteria and conditions according to the provisions of the Housing Law 2023, it will issue a document approving the extension of house ownership duration for a single term at the request of the owner, but for a maximum of 50 years from the first expiration of house ownership recorded on the Certificate.

For cases where the house owner is an organization, the ownership extension term is allowed to match the extension period recorded on the investment registration certificate extended by competent authorities in Vietnam.

If the request does not meet these provisions, the provincial People's Committee must issue a document clearly stating the reasons and send it to the organization, individual submitting the dossier.

In case of approval for the extension, the provincial People's Committee must send the approval document to the organization or individual submitting the dossier and to the competent certification agency outlined in this point.

Step 3: Within a maximum of 15 days from the date of receipt of the house ownership duration extension approval document from the provincial People's Committee, the house owner must submit this approval document along with the dossier for registration of changes regarding house ownership duration on the issued Certificate per the land laws.

If, upon the first expiration of ownership, foreign individuals are mandated by competent authorities in Vietnam to be deported or expelled, or foreign organizations are mandated to cease operations in Vietnam, they are not granted additional ownership duration extensions per Clauses 1 and 2, Article 6 of Decree 95/2024/ND-CP. Depending on each specific case, the handling of houses for cases not granted ownership extensions is executed according to Point d, Clause 2, Article 20 of the Housing Law 2023 or Point d, Clause 2, Article 21 of the Housing Law 2023.

(As stipulated in Clauses 2, 3, Article 6 of Decree 95/2024/ND-CP)

3. Regulations on managing the sale, lease-purchase, gifting of houses to foreign organizations and individuals in Vietnam

According to Clause 2, Article 7 of Decree 95/2024/ND-CP, the management of the sale, lease-purchase, gifting of houses to foreign organizations and individuals is regulated as follows:

- Before signing a contract of sale, lease-purchase, or gifting of a house, the housing development investor or the gifter or seller must check the information on the electronic portal of the provincial housing authority where the housing development project is situated. Housing development investors or sellers can only sell, lease-purchase, and gifters can only gift houses to foreign organizations and individuals in accordance with the specified quantity.

- Within a maximum of 3 working days from the date of signing the sale, lease-purchase, or gifting contract, the housing investor, gifter, or seller of the house to foreign organizations or individuals must notify the housing authority at the provincial level where the house is located (via email and in writing) of the buyer's name, address of the sold, lease-purchased, or gifted house for publication on the electronic portal of this authority; within a maximum of 3 working days from the date of receipt of the information from the seller, lease-purchaser, or gifter, the provincial housing authority must check and upload this information on its electronic portal.

- Before issuing a Certificate to foreign organizations and individuals, the competent certification agency must verify the information posted by the provincial housing authority.

Within a maximum of 3 working days from the date of issuing the Certificate to foreign organizations and individuals, the competent certification agency must notify the provincial housing authority (via email and in writing) of the house that has been granted the Certificate for publication on the electronic portal of this authority.

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