Question

I have a foreign friend who wants to buy a house in Vietnam. I know that according to Vietnamese law, the ownership of houses by foreigners is restricted. So can you tell me in which cases my friend can own a house?

Lawyer’s advice

About your question I would like to advise and guide you as follow:

Your friend is a foreigner, according to the provisions of Clause 1, Article 78, Decree No. 99/2015/ND-CP, foreigners are not allowed to own houses in Vietnam in these cases:

“1. Foreign organizations and individuals belonging to the following cases may not be granted a Certificate for houses, but may only sell or donate this house to those entitled to own houses in Vietnam.

A certificate for house in Vietnam

a) Foreign organizations and individuals who are given or inherit houses located in areas that are not eligible to be owned, as prescribed in Article 75 of this Decree; or the number of houses to own exceed the number allowed under the provisions of Article 75 of this Decree, specified in Clauses 3 and 4, Article 76 of this Decree;

b) Foreign organizations that do not operate in Vietnam, foreign individuals who are not allowed to enter Vietnam but are given or inherit houses in Vietnam.”

According to Article 75, foreigners are allowed to own houses in the following cases:

“Article 75. Areas where foreign organizations and individuals are allowed to own houses:

1. Foreign organizations and individuals may only own houses (including apartment buildings and private houses) in commercial housing construction investment projects, except for areas of national defense and security ensuring in accordance with the laws of Vietnam.

2. The Ministry of National Defense and the Ministry of Public Security are responsible for identifying specific areas of security and national defense ensuring in each locality and notifying them in writing to the People's Committee of the province as a basis for direction. Based on this direction, The Department of Construction shall specify the list of investment projects in the commercial housing construction in the area that does not allow foreign organizations and individuals to own houses.”

Foreigners can own houses in specific cases

According to the above regulations, your friend is entitled to own a house in Vietnam if his conditions meet the following:

• Be eligible to enter Vietnam
• The house is in commercial housing construction investment projects, except for areas of ensuring national defense and security as prescribed by Vietnamese law.

The above is the advice about the cases in which foreigners are not allowed to own houses in Vietnam. We hope that you can apply the knowledge for your work and life.

Tags: foreigners buy houses in Vietnam, can foreigners own houses in Vietnam, Vietnam settlement, Vietnam settlement patterns, Vietnam law and legal, Vietnam property own law for foreigners, Vietnam law on housing, can you own a house in Vietnam