Latest regulations on documents proving eligible house owners in Vietnam

Latest regulations on documents proving eligible house owners in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Documents proving eligible house owners in Vietnam

Documents proving eligible house owners according to Article 5 of Decree 99/2015/ND-CP are as follows:

- Every domestic organization, household, or individual that applies for the Certificate of rights to use land, ownership of land and property on land (hereinafter referred to as Certificate) must submit ID documents according to regulations on issuance of certificates.

-. The applicant being a Vietnamese citizen residing overseas must submit the following documents:

+ An unexpired Vietnamese passport that bears the entry seal of a Vietnam’s immigration authority; or

+ An unexpired foreign passport that bears the entry seal of a Vietnam’s immigration authority together with documents proving the Vietnamese nationality or Vietnamese heritage issued by the Department of Justice of a province, an overseas Vietnam’s diplomatic mission, or an authority in charge of management of overseas Vietnamese citizens, or other documents prescribed by Vietnam’s law.

- The applicant being a foreign organization or individual must submit documents proving their eligibility according to Article 74 of Decree 99/2015/ND-CP. In case a foreign individual submits documents proving his/her Vietnamese heritage, he/she has to choose between policies applied to Vietnamese citizens residing overseas and policies applied to foreigners to determine his/her house ownership in Vietnam.

2. Regulations on issuance of Certificate to house owner in Vietnam

Regulations on issuance of Certificate to house owner in Vietnam according to Article 6 of Decree 99/2015/ND-CP are as follows:

- Every domestic organization, household, individual, overseas Vietnamese citizens, foreign organization and individual that has documents proving the lawful establishment of housing as prescribed by the Law on Housing, regulations of law on real estate trading, and relevant regulations of law (including housing invested under construction planning approved by competent authorities in the projects mentioned in Clause 2 Article 17 of the Law on Housing);

And documents proving their eligibility to own housing prescribed in Article 5 of Article 6 of Decree 99/2015/ND-CP shall be granted the Certificate of ownership of such house.

In case a Vietnamese citizen residing overseas is not allowed to enter Vietnam and receives or inherits housing in Vietnam, he/she will not have the house ownership recognized and has to follow the regulations in Clause 2 through 5 of Article 78 of Decree 99/2015/ND-CP.

- With regard to detached houses with two stories or more, each of which has two separate apartments or more (with separate rooms, kitchens, bathrooms), the floor area of each apartment is 30 m2 or larger, and the house satisfy conditions of apartment buildings prescribed in Clause 2 Article 46 of the Law on Housing, each apartment will be granted a separate Certificate.

In case the owner sells, lease under a lease-purchase agreement, gift, or bequeath his/her apartment to another organization, household, or individual that is eligible to own housing in Vietnam, the land use right associated with this housing shall be shared by the entities that have purchased, leased under a lease-purchase agreement, received, or inherited the apartments.

- Apart from the information on the Certificate prescribed by regulations of law on land, the Certificate issuer must write the following information:

+ Information about the house prescribed in Clause 3 Article 9 of the Law on Housing;

+ Duration of house ownership, the right to sell, gift, bequeath, contribute the house as capital of the buyer according to the time-limited house purchase contract in the case mentioned in Article 123 of the Law on Housing, or duration of house ownership of the foreign organization or individual in Vietnam according to Article 161 of the Law on Housing, Article 7 and Article 77 of Decree 99/2015/ND-CP;

+ In case of purchase of social housing prescribed in Clause 4 and Clause 5 Article 62 of the Law on Housing, the time limit for the owner to sell such social housing must be specified.

- Procedures for issuing the Certificate to the owner must comply with regulations of law on land.

The investor in the housing construction project has the responsibility to follow procedures for obtaining the Certificates for buyers and buyers/tenants of housing.

In case a buyer or buyer/tenant wishes to follow the procedures themselves, the investor must provide documents related to the house to the buyer or buyer/tenant.

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