What are requirements for foreigners to rent houses in Vietnam?

What are requirements for foreigners to rent houses in Vietnam?

Pursuant to Clause 2 Article 119 of the Law on Housing in 2014 stipulating requirements pertaining to parties in the housing transactions as follows:

Requirements pertaining to parties in the housing transactions

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2. If the entity who buys, rents, rents and purchases housing, or receives agreements on commercial housing sale, receives housing exchange, gives, inherit housing, receives housing as capital contribution or mortgage, borrows, or stays in housing, or is authorized to manage housing is a person, he/she must satisfy following requirements:

a) If the entity is a Vietnamese person, he/she must have full civil capacity to enter into transactions in housing as prescribed in law on civil and he/she is not required to register permanent residence in the place where the house under transactions is located;

b) If the entity is a foreign person, or an oversea Vietnamese, he/she must have full civil capacity to enter into transactions in housing as prescribed in Vietnamese law, qualify for the homeownership in Vietnam as prescribed in this Law and he/she is not required to register temporary or permanent residence in the place where the house under transactions is located.

As regulations above, a foreign person must satisfy following requirements in order to be eligible for renting houses in Vietnam:

- He/she must have full civil capacity to enter into transactions in housing

- He/she must be qualified for the homeownership in Vietnam

- He/she is not required to register temporary or permanent residence in the place where the house under transactions is located.

Is it compulsory to have the Certificate for houses rented to foreigners in Vietnam?

Pursuant to Clause 2.d Article 118 of the Law on Housing in 2014 stipulating requirements applied to houses entered into transactions as follows:

Requirements applied to houses entered into transactions

1. Any house regarding transactions in housing sale, lease purchase, gifting, mortgage, or capital contribution shall meet the requirements below:

a) There is the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;

b) There is no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;

c) The house is not distrained;

d) There is no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.

The requirements prescribed in Point b and c of this Clause shall not apply to transactions in off-the-plan housing sale or lease purchase.

2. The following transactions in housing are not required the Certificate:

a) Transactions in off-the-plan housing sale or mortgage;

b) Transactions in house of gratitude gifting;

c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;

d) Transactions in housing lease, lending, permission for stay, management authorization;

dd) Transactions in housing inheritance;

e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.

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As regulations above, it is not compulsory to have the Certificate for houses rented to foreigners in Vietnam. However, some other documents are required for this type of house.

What are documents proving fulfillment of requirements for foreigners to rent houses in Vietnam in the case the Certificate is exempt?

Pursuant to Clause 9 Article 72 of the Decree 99/2015/NĐ-CP stipulating documents proving fulfillment of requirements for foreigners to rent houses in Vietnam in the case the Certificate is exempt as follows:

Documents proving fulfillment of conditions in the case the Certificate is exempt

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8. In case of inheritance of a house, it is required to have the following documents:

a) for a house offered, an offering contract or document about the offering enclosed with documents proving the giver’s house ownership (if any);

b) for a house purchased or leased under a lease-purchase agreement, an purchase contract or lease-purchase contract enclosed with documents proving the seller’s/landlord’s house ownership, or documents proving the construction of the house;

c) If the house is new, it is required to have a license for construction (if required) and documents proving the bequeather’s land use right as set out in regulations of law on land;

d) In case of inheritance under a decision of the people’s court, it is required to have the judgment or effective decision of the court.

9. In case of leasing, borrowing, temporary stay, authorizing house management (except for lease of state-owned old houses), the landlord, lender, authorizer must have a purchase contract or lease contract with the investor in the housing construction project if the house is purchased or leased under a lease-purchase agreement from the investor, or a license for construction or document proving the house ownership according to civil law, regulations of law on land if the house is newly built.

As regulations above, except cases of lease of state-owned old houses, documents proving fulfillment of requirements for foreigners to rent houses in Vietnam in the case the Certificate is exempt are as follows:

- A purchase contract or lease contract with the investor in the housing construction project if the house is purchased or leased under a lease-purchase agreement from the investor;

- A license for construction

- Documents proving the house ownership according to civil law, regulations of law on land if the house is newly built.

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