What conditions do foreigners need to meet to buy houses in Hanoi, Vietnam?

What conditions do foreigners need to meet to buy houses in Hanoi, Vietnam?

Pursuant to Point c, Clause 1, Article 159 of the Housing Law 2014 stipulates as follows:

1. Foreign entities eligible for the homeownership in Vietnam include:

...

c) Foreign individuals who are allowed to enter Vietnam.

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

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.

At the same time, Clause 1, Article 74 of Decree 99/2015/ND-CP stipulates that documents proving the objects and conditions of home ownership in Vietnam are as follows:

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.

Regarding the form of ownership, Clause 2, Article 159 stipulates 02 forms of ownership of houses of foreign individuals as follows:

2. The foreign entities eligible for the homeownership in Vietnam if they:

a) Invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;

b) Buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

Therefore, you can base on the above regulation and if your friend in the UK meets the above conditions, you can own a house in Vietnam (Hanoi).

Are foreigners allowed to inherit real estate in Vietnam?

Pursuant to the provisions of Article 186 of the Land Law 2013, for inheritance which is real estate in particular land use rights or houses attached to land use rights and heirs who are foreigners, who are not entitled to buy houses attached to land use rights in Vietnam, they shall only be entitled to the value of the houses attached to land use rights, i.e. to be transferred or given the right to use the inherited land.

At the same time, Point c, Clause 1, Point b, Clause 2, Article 159 of the Housing Law 2014 provides:

1. Foreign entities eligible for the homeownership in Vietnam include:

...

c) Foreign individuals who are allowed to enter Vietnam.

2. The foreign entities eligible for the homeownership in Vietnam if they:

b) Buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

And Clause 3, Article 160 of the Housing Law 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, the foreigner is also entitled to own the house through inheritance in Vietnam if allowed to enter Vietnam, but the house to be inherited must be a commercial housing including apartment and individual housing in the housing construction investment project, except for the area of national defense and security as prescribed by the Government and not the person entitled to diplomatic and consular immunity in Vietnam.

Best Regards!