As we all know, from the 1st of July, 2015, there are many big changes in the law of many branches of Vietnam Economy. One of that changing is the law that allows foreign investor and customer to buy properties in Vietnam. We call that a bigbang for many thing changing of the bottom condition of real estate market. A big chance for development of many century project of the city like Vinhomes Central Park or Sala Premium Residence and so on.
Along with these high premium projects, that is the policy and law that ensures foreign investors and customers can buy and own it easily. No difficulty and no unclear situation. That is the begining of the new story of history and we would like to tell you all. Not too much of the law but it enough for you to have a clear information about owning properties in Vietnam.
Section 159. The object owns house and housing ownership forms of foreign individual and organization in Vietnam.
1. Foreign individuals and organization having properties ownership in Vietnam including:
a) Foreign individuals and organization invest in constructing house under project form following this law and related legislation terms.
b) Enterprise with foreign capital investment, sections, office of foreign enterprise, foreign funds and foreign bank section operating in Vietnam (call shortly foreign organization)
c) Individuals have right to enter Vietnam territory
2. Foreign organization and individuals having a properties ownership in Vietnam under following forms:
a) Investment in construction house in project in Vietnam follow this Law and related legislation terms.
b) Buy, rent-buy, dedication, inherit commercial house including apartment and single house in project of constructing house investment, excluding national defense and security region as stipulated by Vietnamese Government.
Section 160. Criteria when foreign individual and organization having properties ownership in Vietnam:
1. Towards organizations and individuals specified in point a, paragraph 1, section 159 of this Law must have the certificate of investment or housing construction in project in accordance with the provisions of this Law and related legislation terms.
2. Towards foreign organization specified in point b, paragraph, section 159 b of this law, there must have investment certificates or documents relating to the permitted activities in Vietnam (hereinafter referred to as the investment Certificate) issued by the competent officers of Vietnam Government.
3. Towards foreign individuals specified in point c, paragraph 1, Section 159 of this Law must be allowed to enter Vietnam territory and not entitled to the privileges, immunities of diplomatic, consular prescribed by law.
4. Government regulate certificate in detailed proof of the object, condition of foreign organizations, individuals are entitled to properties ownership in Vietnam.
Section 161. Properties Ownership rights of foreign organizations and individuals
1. Foreign organizations and individuals specified in point a, paragraph 1, section 159 of this Law are having the rights of properties ownership in accordance with the provisions of section 10 of this Law; In case building on leased land, foreign organizations individuals only have rights to lease.
2. Foreign organizations and individuals specified in point b and point c, paragraph 1, section 159 of this Law having all the right of properties ownership as much as Vietnam citizen but must comply with the following provisions:
a) Have rights to buy, to lease, donation, inheritance and ownership not exceed 30% number of the apartments in a building; for the single houses including villas, ranging houses, foreign organizations and individuals have rights to buy, rent, donation, inheritance not exceed number of 250 properties within a region equivalent of a ward-level administrative units.
In some region with a population equivalent of a ward-level administrative unit that has many condominiums, single houses on one street, the Government shall specify the number of apartments, number of single houses that the foreign organizations and individuals have rights to buy, lease, donate, inherit and own;
b) In case, organizations and individuals are dedicated, donated out of provisions of point b, paragraph 2, section 159 of this law or exceed the number of properties specified at this paragraph a shall only own the value of this properties;
c) Foreign individuals own properties as agreement in the contract of sale, rent, donate, inherit transaction not exceeding 50 years from the issued date of certificate and can be extended under the provisions of the Government if required; properties ownership period must be specified in the certificate.
In case a foreign individual gets married to a Vietnamese citizen or get married to a Vietnamese living abroad, have ownership rights in stable, long-term and the rights of properties ownership right as Vietnamese citizen;
d) To foreign organization own the properties following the contract of sale, rent, dedicate, inherit transactions not exceeding the time limit stated in the certificate of investment of that organization, including extended period of time; properties ownership period is calculated from the date of the certificate and stated in this certificate;
đ) Before the expiration date of properties ownership in accordance with the provisions of this Law, the owner can donate or sell this properties for the subjects able to own properties in Vietnam; If exceeding the deadline of ownership and the owner does not sell or donate, this properties will be owned by the state.
Section 162. Obligations of the property owner who are foreign organizations, individuals.
1. Foreign organizations and individuals specified in paragraph 1 of Section159 of this Law shall have the obligations of properties owners in accordance with the provisions of Section 11 of this Law.
2. Foreign organizations and individuals specified in points b and c, paragraph 1 of Section 159 of this Law shall have the obligations of properties owner like Vietnamese citizen but comply with the following provisions:
a) Foreign owners have rights to lease properties to use for purposes not prohibited by law, but prior to rental properties, the owner must provide written notice of the rental to administrative authorities in the district where properties in, under the guidance of the Ministry of Construction and pay all the tax accordance with the provisions of this law.
In case foreign individual gets married to Vietnamese citizen or Vietnamese living abroad have obligations as well as Vietnamese citizens;
b) For owners are foreign organizations use properties to arrange place for people working in that organization only, not use for rental housing, office or on other purposes;
c) Conduct payment for the selling, renting properties through credit institutions operating in Vietnam;
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