What are types of housing in Vietnam? Who are eligible entities and eligibility for owning houses in Vietnam?

What are types of housing in Vietnam?

Based on Article 2 of the Housing Law 2023, a house is defined as a construction intended for residing and meeting the living needs of a family or individual. Housing utilized for residential purposes or for non-residential purposes, not prohibited by law, is classified as mixed-use housing.

According to the regulations, there are 06 types of housing as follows:

[1] Single-family houses are residences constructed on separate parcels under the use rights of organizations, individuals, or on rented, borrowed land from organizations, individuals, including villas, adjoining houses, and independent houses, built for residence or mixed-use purposes.

[2] Apartment Buildings are residences with 02 or more floors, multiple apartments, shared corridors and stairs, with separate ownership areas, joint ownership areas, and shared infrastructure utilized by families, individuals, organizations, including apartment buildings constructed for residential purposes and those for mixed-use purposes.

[3] Commercial Housing refers to residences constructed for sale, rent purchase, or lease under market mechanisms.

[4] Official Residences are residences allocated for individuals eligible for official housing rental during their tenure or work term according to regulations.

[5] Relocation housing is housing provided for individuals eligible for resettlement when the State expropriates homestead land or clears residences in accordance with legal provisions.

[6] Social Housing is housing with State support for individuals eligible for housing support policies under regulations

What are types of housing in Vietnam? Who are eligible entities and eligibility for owning houses in Vietnam? (Image from the Internet)

Who are eligible entities and eligibility for owning houses in Vietnam?

Based on Article 8 of the Housing Law 2023, the eligible entities and eligibility for owning houses are regulated:

Article 8. Eligible entities and eligibility for owning houses in Vietnam

1. Eligible entities and eligibility for owning houses in Vietnam include:

a) Domestic organizations and individuals;

b) Overseas Vietnamese in accordance with regulations on nationality;

c) Foreign organizations and individuals as specified in Clause 1, Article 17 of this Law.

2. Conditions for housing ownership in Vietnam include:

a) Domestic organizations and individuals obtaining ownership through investment in construction, purchase, rent purchase, receiving gifts, inheritance, capital contributions, exchanges of housing; receiving Relocation housing as stipulated by law; other forms as per legal provisions;

b) Overseas Vietnamese permitted to enter Vietnam may own housing associated with homestead land use rights as per land law provisions;

c) Foreign organizations and individuals obtaining ownership through forms prescribed in Clause 2, Article 17 of this Law.

3. The Government of Vietnam shall specifically regulate the documentation to verify subjects and conditions for housing ownership stipulated in this Article.

According to the above regulations, the following subjects are eligible to own housing in Vietnam:

- Domestic organizations and individuals

- Overseas Vietnamese as per regulations on nationality

- Foreign organizations and individuals eligible to own housing in Vietnam, including:

+ Foreign-invested economic organizations investing in housing construction projects in Vietnam as stipulated

+ Foreign-invested economic organizations, branches, representative offices of foreign enterprises, foreign investment funds, and branches of foreign banks operating in Vietnam (collectively referred to as foreign organizations)

+ Foreign individuals permitted to enter Vietnam

What rights do overseas Vietnamese have when owning housing in Vietnam?

Based on Article 10 of the Housing Law 2023, the rights of overseas Vietnamese owning housing in Vietnam are regulated as follows:

- Have the inviolable right to their legally owned housing

- Utilize housing for residential purposes and other purposes not prohibited by law

- Be granted a Certificate for housing under their lawful ownership in accordance with this Law and land law

- Sell, rent purchase, gift, exchange, bequeath, mortgage, contribute capital using housing as per regulations

- Transfer contracts for house purchase, rent, lend, allow temporary residence, delegate housing management, and other rights as prescribed by law; in cases of gifting or bequeathing housing to those not eligible for ownership in Vietnam, these individuals shall only benefit from the value of such housing.

- If other regulations exist regarding the rights of housing owners associated with homestead land rights for overseas Vietnamese, these regulations shall prevail

- Share the usage of public utility structures within that residential area in accordance with regulations

- If the housing owner is an apartment building owner, they have joint ownership and shared usage rights for the common areas of the apartment building and shared infrastructure of that apartment area, except for facilities constructed for business purposes or required to be transferred to the State according to legal provisions or agreements in the house sale or rent purchase contract;

- Maintain, renovate, demolish, and rebuild housing in compliance with this Law and construction law

- Be protected in housing ownership rights

- Lodge complaints, denunciations, and lawsuits regarding acts violating their lawful ownership rights and other violations of housing law

- Other rights as prescribed by law