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CNC_Foreigners vs Housing in vietnam newsletter No 7_eng
1. Foreigners Vs Housing in
Vietnam
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A l l r i g h t r e s e r v e d
2. What to include
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Contents
Who is eligible
Which types of properties are available
What are the methods
What are procedures to follow
What are limitations or restrictions
Further notes
3. Who are eligible
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Individual
Foreign citizen
No nationality
Permanently or temporarily residing in Vietnam
Valid documentation (permitted to enter Vietnam) except diplomatic immunity and
privilege
4. Who are eligible
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Foreign
Organisation
Foreign-invested enterprises An organization established and operated under
Vietnamese law whose members or shareholders are
foreign investors.
Branches and/or representative office
of foreign enterprises
A dependent unit of the foreign enterprises which is
established under the Vietnamese law.
Foreign investment fund and branches
of foreign banks in Vietnam
A fund formed from capital contributed by investors for
the purpose of earning profits and a foreign bank’s
subsidiary without legal entity status respectively.
5. Who are eligible
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Overseas
Vietnamese
Vietnamese citizens
Original Vietnamese
Currently residing or living for a long time in a foreign country.
6. Which form of housing is
available
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Commercial
houses,
including
Apartments and detached houses*
Of commercial housing constructed project
*Detached houses includes villas, row houses
No other type of houses, including an individuals separate house is available to
foreigners.
7. What are the methods
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Invest in project Invest in project-based housing construction in Vietnam, including development of
commercial housing invested by a real estate enterprise for lease, lease purchase or
sale, and renovation and reconstruction of old housing areas and/or apartment
buildings
Purchase, lease-
purchase,
receive or inherit
Purchase, lease purchase, receive or inherit commercial housing in the project for
housing construction
8. What are procedures to
follow
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Investment
in project-
based
housing
construction
Step 1 - Obtain a decision/approval on investment policies
Step 2 - Planning appraisal, housing construction project approval
Step 3 - Developing the housing construction project
Step 4 - Contract for lease, lease purchase or sale conduction
9. What are procedures to
follow
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Buy, Rent
and
Purchase,
Receive or
Inherit
Step 1 - Sign contract at notarized office or authenticated by
competent authorities for the agreement on housing sale, lease,
lease purchase, gift
Step 2 - Apply for a certificate for the change in ownership at
competent authority
10. What are limitations or
restrictions
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Limitations
and
Restrictions
Up to 30% of the total number of an apartments in a building
Up to 250 houses regarding separate houses including villas, or row house
Up to 10% of the houses of a project having less than 2500 houses in an area whose
population is equivalent to a ward-administrative division
Up to 50 year lease which can be extended or transferred prior to its expiration in the
event purchase, lease-purchase, inherit or received as a gift
11. What are limitations or
restrictions
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Limitations
and
Restrictions
(Cont’d)
National defense and security requirements are not qualified to purchase, lease-purchase
but none of these areas have ever been announced
Foreign individual is entitled to lease house for lawful purpose provided that s/he notifies
the agency
Foreign organization(s) is/are only provided for their employee but it is not allowed to use
their houses for lease, offices or other purpose
12. Further Notes
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Foreign
investment
in project-
based
housing
construction
Presence in Vietnam under a suitable form of enterprise or
cooperative establishment and operation
under law of Vietnam
Minimum legal capital Sufficient legal capital: not less than VND
20billion
Licensed for real estate trading having a license to conduct real estate
trading in the forms as prescribed by law
13. Further Notes
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Housing
transactional
conditions
No dispute, complaint, proceeding for homeownership, the term of homeownership is
not expired;
Not being distrained
Not being on land evocated, notified of housing clearance or demolishment
Presence of land use right certificate
14. Further Notes
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Housing
transactional
conditions
(Cont’d),
except
Transaction in the off-the-plan housing sale or mortgage
Transaction in house of gratitude gifting
Transaction in housing inheritance
Transaction in transfer of agreement on commercial housing
15. Thank you
CNC | a boutique property law firm
29 Bach Dang St., Ward 15, Binh Thanh Dist., Ho Chi Minh, Vietnam
T: +84 28 6276 9900 ⚫ F: +84 28 2220 0913 ⚫ W www.cnccounsel.com ⚫ E contact@cnccounsel.com
Le The Hung
email: hung.le@cnccounsel.com
tel: +84-916 545 618
Nguyen Thi Kim Ngan
email: ngan.nguyen@cnccounsel.com
tel: +84-919 639 093