Types of documents proving eligible entities and eligibility for owning houses in Vietnam from August 1, 2024

Types of documents proving eligible entities and eligibility for owning houses in Vietnam from August 1, 2024
Tran Thanh Rin

The types of documents proving eligible entities and eligibility for owning houses in Vietnam from August 1, 2024 are stipulated as follows:

Types  of  Documents  Proving  Eligibility  and  Conditions  for  Housing  Ownership  in  Vietnam  from  August  1,  2024

Types of documents proving eligible entities and eligibility for owning houses in Vietnam from August 1, 2024 (Image from the Internet)

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

Types of documents proving eligible entities and eligibility for owning houses in Vietnam

Types of documents proving eligible entities and eligibility for owning houses in Vietnam from August 1, 2024 include:

(1) documents proving eligible entities for owning houses in Vietnam

- documents proving eligibility for organizations to own housing in Vietnam

(i) For domestic organizations, they must have a Business Registration Certificate or Investment Registration Certificate or documents proving the establishment of the organization issued by a competent authority according to the law;

(ii) For foreign organizations investing in housing construction projects in Vietnam, they must have an Investment Registration Certificate according to the law on investment;

(iii) For foreign organizations not covered by (ii), they must have an Investment Certificate or Investment Registration Certificate or documents issued by competent Vietnamese authorities allowing their operation or establishment in Vietnam valid at the time of signing the housing transaction (collectively referred to as Investment Registration Certificate).

- documents proving eligibility for individuals to own housing in Vietnam

+ For individuals who are Vietnamese citizens, they must have an identity card, passport, or other documents of equivalent value proving Vietnamese nationality;

+ For overseas Vietnamese, they must have a foreign passport or documents valid for international travel as per immigration law and a certificate confirming they are of Vietnamese origin according to nationality law;

+ For foreign individuals, they must have a foreign passport and a written commitment stating they are not eligible for diplomatic or consular immunity and privileges.

(2) Documents proving eligibility for owning houses in Vietnam

- For domestic organizations and individuals, they must have documents proving 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, they must have a valid Vietnamese passport stamped with entry into Vietnam at the time of creating the housing stipulated in Clause 2, Article 8 of the Housing Law 2023;

- For overseas Vietnamese of Vietnamese origin, they must have a valid passport stamped with entry into Vietnam or documents valid for international travel stamped with immigration clearance into Vietnam at the time of signing the housing transaction;

- For foreign individuals, they must have a valid passport stamped with entry into Vietnam or equivalent legal documents for entry into Vietnam at the time of signing the housing transaction stipulated in points b, c Clause 2, Article 17 of the Housing Law 2023.

(Article 3 of Decree 95/2024/ND-CP)

Eligible entities and eligibility for owning houses in Vietnam from August 1, 2024

Article 8 of Housing Law 2023 stipulates the eligible entities and eligibility for owning houses in Vietnam from August 1, 2024 as follows:

- Eligibilities for housing ownership in Vietnam include:

+ Domestic organizations and individuals;

+ Overseas Vietnamese according to the provisions of nationality law;

+ Foreign organizations and individuals as stipulated in Clause 1, Article 17 of Housing Law 2023.

- Conditions for housing ownership in Vietnam include:

+ Domestic organizations and individuals owning housing through investment in construction, purchase, hire-purchase, receipt of gifting, inheritance, capital contribution, housing exchange; receipt of housing serving resettlement according to the law; and other forms stipulated by law;

+ Overseas Vietnamese permitted to enter Vietnam can own housing associated with homestead land use rights according to the law on land;

+ Foreign organizations and individuals can own housing through the forms stipulated in Clause 2, Article 17 of Housing Law 2023.

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

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