Can foreigners who marry Vietnamese people qualify for long-term homeownership?

Can foreigners who marry Vietnamese people qualify for long-term homeownership?

Question: Let me ask: If a foreigner is married to a Vietnamese, when this foreigner buys an apartment in Vietnam and lives in it, can he own this apartment for 50 years or forever?

Reply:

According to Point c, Clause 3, Article 161 of the Law on Housing 2014 stipulates: If a foreign individual marries to a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for stable and long-term homeownership and has all rights of homeowner similarly to Vietnamese citizens.

Thus, if a foreigner marries a Vietnamese, they are entitled to own a house in Vietnam with a stable and long-term use.

What documents do foreigners of Vietnamese heritage need to buy a house in Vietnam? 

Question: I am a foreigner of Vietnamese origin (with a birth certificate in Vietnam). Now, I want to own an apartment in Vietnam. I would like to ask, I already have a birth certificate in Vietnam, do I still need to apply for a certificate of Vietnamese heritage? Because the investor does not accept the application when I only provide the birth certificate in Vietnam, but requires me to go through the procedures to be granted a certificate of Vietnamese heritage, then there are enough grounds to prove that I am the Vietnamese. 

Reply:

Pursuant to Article 7 of the Law on Housing 2014 stipulates who can own houses in Vietnam:

1. Vietnamese organizations, households or individuals (hereinafter referred to as Vietnamese entities).

2. Overseas Vietnamese.

3. Foreign organizations and individuals (hereinafter referred to as foreign entities) prescribed in Clause 1 Article 159 of this Law.

Thus, Vietnamese people settle abroad; Foreign organizations and individuals (as defined in Clause 1, Article 159 of the Law on Housing 2014) are entitled to own houses in Vietnam.

Pursuant to Clause 3, Article 5 of Decree 99/2015/ND-CP stipulates:

3. The applicant being a foreign organization or individual must submit documents proving their eligibility according to Article 74 of this Decree. In case a foreign individual submits documents proving his/her Vietnamese heritage, he/she has to choose between policies applied to Vietnamese citizens residing overseas and policies applied to foreigners to determine his/her house ownership in Vietnam.

Thus, according to the information you provide, you have a birth certificate in Vietnam (documents certifying that you are of Vietnamese origin), then you can choose which category you belong to: Are you a Vietnamese residing abroad or a foreign individual? 

* Case: you choose you are a Vietnamese person residing abroad

Pursuant to Clause 2, Article 5 of Decree 99/2015/ND-CP stipulating documents proving that subjects are entitled to own houses of overseas Vietnamese, including:

2. The applicant being a Vietnamese citizen residing overseas must submit the following documents:

a) An unexpired Vietnamese passport that bears the entry seal of a Vietnam’s immigration authority; or

b) An unexpired foreign passport that bears the entry seal of a Vietnam’s immigration authority together with documents proving the Vietnamese nationality or Vietnamese heritage issued by the Department of Justice of a province, an overseas Vietnam’s diplomatic mission, or an authority in charge of management of overseas Vietnamese citizens, or other documents prescribed by Vietnam’s law.

*Case: you choose you are a foreign individual

Article 74 of Decree 99/2015/ND-CP stipulates documents proving the subjects and conditions for owning houses in Vietnam:

1. A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam.

2. A foreign organization must be an entity specified in Article 159 of the Law on Housing which has investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate).

Thus, a birth certificate in Vietnam is not a document proving the subject is entitled to own a house in Vietnam. In this case, you should follow the investor's request: provide a certificate of Vietnamese origin. However, if you have other documents as prescribed above, you can still buy a house in Vietnam.

Can foreigners inherit real estate in Vietnam?

Question: Hi guys! I have the following question and I hope you can advise. My father has a very close relationship with a foreigner. Before his death, he wrote a will leaving 4 apartments for his mother, 2 sisters, and even foreigners. So let me ask, does that foreigner have right to inherit a will that is real estate?

Reply:

Pursuant to the provisions of Article 186 of the 2013 Land Law, rights and obligations related to land use of overseas Vietnamese who are eligible to own houses in Vietnam; foreign individuals or overseas Vietnamese who are ineligible to buy houses associated with land use rights in Vietnam.

1. Overseas Vietnamese who are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use rights in Vietnam.

2. Overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam have the following rights and obligations:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;

b/ To transfer land use rights when selling, donating, bequeathing, exchanging houses with domestic organizations or individuals, overseas Vietnamese who are eligible to own houses for their own living; to donate houses associated with residential land use rights to the State, communities or donate houses of gratitude as prescribed at Point c, Clause 2, Article 174 of this Law. In case of donating or bequeathing to people who are ineligible to own houses in Vietnam, such people may only to receive the value of houses associated with residential land use rights;

c/ To mortgage houses associated with residential land use rights at credit institutions which are licensed to operate in Vietnam;

d/ To lease, and authorize the management of, houses when unused.

3. If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions:

a/ In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights;

b/ In case of donating land use rights, the people to receive land use rights must be the subjects specified at Point e, Clause 1, Article 179 of this Law and be eligible under the housing law, in which the heir may act as the donor in the contract or written document on donation commitment;

c/ In case of not making the transfer or donation of land use rights, the heir or his/her representative with a lawful document on authorization, shall submit a dossier on the inheritance to the land registration agency in order to update on the cadastral book.

4. In case there is an overseas Vietnamese who is ineligible to buy a house associated with residential land use rights in Vietnam among the heirs while others are eligible to inherit land use rights in accordance with the land law and the inherited land use rights have not been divided, the heirs or their representatives with lawful documents on authorization, shall submit dossiers on the inheritance to the land registration agency in order to update on the cadastral book.

Once the inheritance is made, the certificates of land use rights and ownership of houses and other land-attached assets are granted to those who are eligible for being granted such certificate.

Regarding the overseas Vietnamese who is ineligible to buy houses associated with residential land use rights in Vietnam, his/her inherited part shall be dealt with in accordance with Clause 3 of this Article.

5. In the cases specified at Point c, Clause 3, and in Clause 4 of this Article, the heirs may authorize in writing other persons to take care or use land temporarily and perform the obligations in accordance with the land law and other relevant laws.

And Clause 3, Article 160 of the Law on Housing 2014: 

3. The foreign entity prescribed in Point c Clause 1 Article 159 of this Law is required to have a permission to enter Vietnam and he/she is not granted diplomatic immunity and privileges as prescribed.

Thus, in your case, that foreigner is also entitled to own a house through inheritance in Vietnam if he is allowed to enter Vietnam but the inherited house must be a commercial house including: apartments and separate houses in housing construction investment projects, except for areas where national defense and security are ensured according to the Government's regulations and are not eligible for diplomatic or consular immunity. 

Best regards!