Regulations on documents proving eligible entities and eligibility for owning houses in Vietnam

16:00, 30/07/2024

Below is the content of the regulations on documents proving eligible entities and eligibility for owning houses in Vietnam.

Regulations on Documentation Proving Eligibility and Conditions for Housing Ownership in Vietnam

Regulations on documents proving eligible entities and eligibility for owning houses in Vietnam (Image from the internet)

On July 24, 2024, the Government of Vietnam issued Decree 95/2024/ND-CP detailing several provisions of the Housing Law 2023.

Regulations on documents proving eligible entities and eligibility for owning houses in Vietnam

According to Article 3 of Decree 95/2024/ND-CP, documents proving eligible entities and eligibility for owning houses in Vietnam is specified as follows:

- Documentation proving that an entity is eligible to own houses in Vietnam includes:

+ For domestic organizations, a Certificate of Business Registration or Investment Registration Certificate or other documents proving the establishment of the organization issued by a competent authority in accordance with the law;

+ For foreign organizations investing in housing construction projects in Vietnam, an Investment Registration Certificate is required according to investment law;

+ For foreign organizations not specified in Point b, Clause 1, Article 3 of Decree 95/2024/ND-CP , an Investment Certificate or Investment Registration Certificate or documents issued by competent Vietnamese authorities permitting operation or establishment in Vietnam that are still valid at the time of housing transaction (hereinafter collectively referred to as Investment Registration Certificate).

- Documentation proving that an individual is eligible to own houses in Vietnam includes:

+ For individuals who are Vietnamese citizens, a National ID Card or Passport or other documents proving Vietnamese nationality;

+ For overseas Vietnamese of Vietnamese origin, a foreign passport or international travel documents as per the law on immigration and papers confirming Vietnamese origin in accordance with nationality law;

For foreign individuals, a foreign passport and a written commitment that they are not entitled to diplomatic or consular privileges and immunities.

- Documentation proving the conditions required for housing ownership is regulated as follows:

+ For domestic organizations and individuals, evidence of housing ownership rights through one of the forms stipulated in Clause 2, Article 8 of the Housing Law 2023 ;

+ For overseas Vietnamese who are Vietnamese citizens, a valid Vietnamese passport with an entry stamp into Vietnam at the time of housing establishment as specified in Clause 2, Article 8 of the Housing Law 2023 ;

+ For overseas Vietnamese of Vietnamese origin, a valid passport with an entry stamp into Vietnam or international travel documents with an entry stamp into Vietnam at the time of housing transaction signing;

+ For foreign individuals, a valid passport with an entry stamp into Vietnam or equivalent legal documents entering Vietnam at the time of housing transaction as specified in Points b and c, Clause 2, Article 17 of the Housing Law 2023 .

Thus, according to the above regulations, to own houses, it is necessary to have the specific documentation proving eligibility and the accompanying conditions mentioned above. These regulations will apply from August 1, 2024, when Decree 95/2024/ND-CP officially comes into effect.

More details can be found in Decree 95/2024/ND-CP , which comes into force in Vietnam from August 1, 2024.

Le Nguyen Anh Hao

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