Foreigners Living in Vietnam for One Year Upwards Entitled to Buy and Own Houses

Construction Minister Nguyen Hong Quan has just submitted a document 85/TTr-BXD issued on October 1 to the government, asking for the issuance of a guiding decree to implement several articles of the resolution.

 

Accordingly, the decree focuses on specifically stipulating and instructing some contents on subject’s personal identification papers, conditions for house purchase, inheritance and ownership of foreign organisations and individuals in Vietnam; Other regulations include process, procedures and authority of land and housing ownership certificates for foreigners and the implementation of the ministry’s resolution as well as concerned agencies and provincial bodies’ documents.

 

Under regulations of Resolution 19/2008/QH12, five groups are entitled to buy, inherit, be offered and own houses in Vietnam, including three being foreign individuals and one being foreign-invested enterprise. Due to the difference between the two mentioned-above groups, the Ministry of Construction has just proposed specific regulations on their identification papers.

 

Firstly, regarding the identification papers, to define foreign individuals, the draft stipulates that they have to passport or alterative papers granted by foreign countries’ concerned agencies.

 

Besides passport conditions, in every certain circumstance, foreign individuals have to submit identification papers. If they are investors, their names have to be written in investment certificates or equivalent papers granted by Vietnamese concerned agencies; revolutionary contributors are required to have medals granted by the state president; people who get married to Vietnamese citizens must have marriage certificates granted by Vietnamese concerned agencies or permanent residence paper and identification card of the side who is Vietnamese people.

 

In addition to paper instructions, the draft specifically regulates several contents about management functions in enterprises and socio-economic areas with the foreigners’ participation.

 

As for identification papers, foreign individuals are required to have temporary or permanent residence papers or certificates allowing the residence in Vietnam from one month or more granted by the Public Security Ministry’s Immigration Department and those do not belong to groups given priorities and diplomatic immunity under Vietnam’s current laws.

 

Foreigners having enough conditions to reside in Vietnam from one year upwards are granted with temporary residence card and those meeting long-term residence conditions are granted with permanent residence card. In case of without the two kinds of card but having papers certified by the Immigration Department allowing residence in Vietnam from one year upwards will be also entitled to buy and own houses in Vietnam. According to the Ministry of Construction, the regulation not only expands groups with identification card proving rights to own houses but also ensures strict control in order to prevent violations.

 

Secondly, regarding identification papers of groups, conditions to buy, inherit and be offered and own houses in Vietnam are applied to foreign-invested firms. As foreign-owned enterprises have the same identification papers on subjects and conditions to own houses in Vietnam, therefore, the draft regulates that the subjects have to have investment certificates or equivalent papers with time of one year upwards granted by Vietnamese concerned agencies. The regulation aims to avoid cases in which enterprises have only investment time of less than for buying and owning houses in Vietnam.

 

Thirdly, despite regulations on process and procedures on housing ownership certificates stipulated in Resolution 19/2008/NQ12 by the National Assembly, the resolution just regulates general principles. Therefore, to help localities this easily, it is necessary to have specific guidance. Under the resolution, the Ministry of Construction has proposed specific contents such as legal documents proving the sellers’ housing ownership right.

 

As for process, procedures and authority to grant land and housing ownership certificates, to prevent difficulties for the buyer, the draft regulates that people who propose for being granted with a set of documents of land and housing ownership, including identification papers, conditions to buy and own houses, purchase contracts, house inheritance papers, the seller’s land ownership certificates, tax payment receipt and registration fees.

 

After receiving enough legal documents, Construction Departments have to submit the Construction Ministry documents related to house purchase of foreigners. Based on reports of Construction Departments, the Construction Ministry will inform the department again of the buyer’s house ownership. If the buyer does not own houses in Vietnam, Construction Departments will express this in the certificate and submit it to People’s Committee for certificate grant.

 

After signing the certificate, provincial People’s Committees will send it to Construction Departments to grant it for the buyer. The time for licensing the house ownership certificate is 30 days starting from day of legal document submission.

 

Besides the mentioned issues, the draft also defines obligations of concerned agencies such as the Ministry of Construction, the Ministry of Public Security, the Ministry of Defence and provincial people’s committees in implementation of the NA resolution and the decree. When the decree comes into effect, localities will be responsible for implementing the decree without guidelines from relevant ministries and agencies.