(Law on Housing 2023)
Article 19. Number of Residential Houses that Foreign Organizations and Individuals May Own in Vietnam
1. Foreign organizations and individuals prescribed in Points b and c, Clause 1, Article 17 of this Law (as cited below) may only purchase, lease-purchase, receive as gifts, inherit and own not more than 30% of the total number of apartments in one apartment building; in the case of detached houses, including villas and terraced houses, they may only purchase, lease-purchase, receive as gifts, inherit and own not more than 250 houses within an area having a population size equivalent to that of a ward.
2. Where an area with a population equivalent to that of a ward contains multiple apartment buildings, or in respect of detached houses located along a street, foreign organizations and individuals may only purchase, lease-purchase, receive as gifts, inherit and own not more than the number of apartments or detached houses prescribed in Clause 1 of this Article.
3. The Government shall provide regulations on requirements for areas where national defense and security must be safeguarded, criteria for determining population size equivalent to that of a ward, the number of houses that foreign organizations and individuals may own, extension of the homeownership term, and the management and ownership of houses by foreign organizations and individuals in Vietnam.
Clause 3 above is guided by Articles 4 through 7 of Decree No. 95/2024/ND-CP, effective as of 01 August 2024.
Article 4. Requirements for Areas Where National Defense and Security Must Be Safeguarded
1. Areas where national defense and security must be safeguarded under Clause 1, Article 16 of the Law on Housing include:
a) Areas adjacent to critical zones requiring assurance of national defense and security;
b) Areas adjacent to barracks, headquarters of armed forces, and areas included in defense and security land-use planning;
c) Areas adjacent to headquarters or workplaces of state administrative agencies and Party agencies from provincial level and above;
d) Areas within communes, wards, townships located in land border zones, sea border zones, or islands as prescribed by laws on national defense and security;
dd) Areas within protective corridors of works important to national security;
e) Areas where foreigners are prohibited from temporary residence under the law on entry, exit, transit, and residence of foreigners in Vietnam.
2. Based on the requirements prescribed in Clause 1 of this Article, the Ministry of National Defense and the Ministry of Public Security shall:
a) Within 06 months from the effective date of this Decree, identify specific areas requiring assurance of national defense and security within provinces and centrally-run cities, consistent with the Law on Protection of State Secrets, and notify provincial-level People’s Committees to serve as a basis for determining the list of housing construction projects in which foreign organizations and individuals are permitted to own houses under Clause 3 of this Article.
Within 15 days of receipt of such notification from the Ministry of National Defense or the Ministry of Public Security, provincial-level People’s Committees shall determine the list of projects prescribed herein for implementation under Clause 3 of this Article;
b) Where changes in planning or relocation render previously announced areas no longer subject to defense and security requirements, within 15 days from the date of the decision on planning adjustment or relocation, the Ministry of National Defense or the Ministry of Public Security shall notify provincial-level People’s Committees to determine the list of housing construction projects in which foreign organizations and individuals are permitted to own houses under Clause 3 of this Article.
3. Based on the notifications of the Ministry of National Defense and the Ministry of Public Security prescribed in Clause 2 of this Article and the written approval of investment policy by competent authorities under Clause 6, Article 15 of this Decree, provincial-level People’s Committees shall determine the list of housing construction projects within their localities in which foreign organizations and individuals are permitted to own houses and publicly announce such lists on the provincial-level People’s Committee’s web portal, and concurrently send them to the provincial housing authority for publication on its web portal.
4. Within 07 working days from the date of publication of the project list under Clause 3 of this Article, the provincial housing authority shall publicize the information prescribed in Clause 1, Article 7 of this Decree on its web portal.
Article 5. Criteria for Determining the Equivalent Population of a Ward and the Number of Residential Houses that Foreign Organizations and Individuals May Own
1. The population equivalent to that of a ward, regardless of the administrative unit level, serving as the basis for determining the number of detached houses that foreign organizations and individuals are permitted to own under Article 19 of the Law on Housing, is 10,000 persons according to the planning approved by a competent authority. When approving the planning, the competent provincial-level planning management authority shall be responsible for publishing the equivalent ward-level population prescribed in this Clause on its web portal.
2. The number of houses in a residential housing construction project that foreign organizations and individuals may own shall be determined as follows:
a) For an apartment building (including apartment buildings constructed for mixed-use purposes), foreign organizations and individuals may own up to 30% of the total number of apartments designated for residential purposes in that building. Where the apartment building has multiple blocks or wings sharing a common podium, foreign organizations and individuals may only own up to 30% of the total number of apartments designated for residential purposes in each block or wing;
b) For detached houses, where within an area having the population prescribed in Clause 1 of this Article there is only one residential housing construction project, foreign organizations and individuals may own no more than 250 houses.
Where such an area has two or more residential housing construction projects, foreign organizations and individuals may own houses in all of such projects but not exceeding 250 houses in total. Where, within an area with the population prescribed in Clause 1 of this Article, foreign organizations and individuals have already owned the maximum number of detached houses as prescribed, they shall not be permitted to own additional detached houses in other projects within that same area.
Article 6. Dossiers, Order, and Procedures for Extension of the Term of Homeownership in Vietnam by Foreign Organizations and Individuals
1. A dossier of application for extension of the term of homeownership in Vietnam by a foreign organization or individual shall include:
a) An application form, made according to Form No. 01 in Appendix I issued together with this Decree;
b) A certified copy, or a copy accompanied by the original for comparison, of the Certificate of land use rights, ownership of houses and other land-attached assets, or the certificate of ownership of houses issued in accordance with the 2024 Land Law (hereinafter collectively referred to as the Certificate);
c) A copy of the valid passport of the homeowner bearing the entry stamp into Vietnam affixed by a competent authority, or other equivalent legal entry document into Vietnam at the time of application for extension (applicable to cases where the homeowner is a foreign individual);
d) The investment registration certificate which has been extended by a competent Vietnamese authority at the time of application for extension (applicable to cases where the homeowner is a foreign organization).
2. The order and procedures for extension of the term of homeownership shall be carried out as follows:
a) At least three (03) months prior to the expiration of the initial homeownership term, if a foreign organization or individual wishes to extend the term of homeownership, it shall submit directly, by postal service, or online, one (01) set of the dossier prescribed in Clause 1 of this Article to the provincial-level People’s Committee where the house is located for consideration and settlement;
b) Within no more than 30 days from the date of receipt of a valid dossier from the foreign organization or individual prescribed in Clause 1 of this Article, the provincial-level People’s Committee shall examine the dossier, and if the applicant still meets the prescribed eligibility and conditions under the Law on Housing, issue a written approval for a one-time extension of the homeownership term as requested by the homeowner, but not exceeding 50 years from the expiry of the initial homeownership term recorded in the Certificate. In cases where the homeowner is a foreign organization, the extended homeownership term shall not exceed the extended operation duration recorded in the investment registration certificate granted by a competent Vietnamese authority. Where the requirements are not met, the provincial-level People’s Committee must issue a written reply clearly stating the reasons for refusal to the applicant.
Where extension is approved, the provincial-level People’s Committee must send the approval document to the applicant and concurrently to the competent authority in charge of issuing Certificates as prescribed at Point c of this Clause;
c) Within no more than 15 days from the date of receipt of the written approval for extension of homeownership from the provincial-level People’s Committee, the homeowner must submit such written approval together with a dossier for registration of changes relating to the homeownership term on the Certificate already granted, in accordance with the land law.
3. In cases where, upon expiry of the initial ownership term, a foreign individual is subject to a decision by a competent Vietnamese authority on expulsion or deportation, or a foreign organization is subject to compulsory termination of operation in Vietnam, such homeowner shall not be granted an extension of homeownership under Clauses 1 and 2 of this Article. Depending on the specific case, the handling of the residential house in cases where extension is not granted shall comply with Point dd, Clause 2, Article 20 of the Law on Housing, or Point d, Clause 2, Article 21 of the Law on Housing
Article 7. Management and Ownership of Housing by Foreign Organizations and Individuals in Vietnam
1. Information published on the website of the provincial housing management authority as prescribed in Clause 4 Article 4 of this Decree includes:
a) The number of houses (including apartments and detached houses) in each housing construction project located in areas where foreign organizations and individuals are permitted to own houses; the number of apartments in each apartment building and the number of detached houses in each project that foreign organizations and individuals are entitled to own;
b) The number of houses that foreign organizations and individuals have purchased, leased-purchased, or have been granted Certificates of Ownership in each housing construction project;
c) The number of detached houses that foreign organizations and individuals are entitled to own in case, within a locality having the population prescribed in Clause 1 Article 5 of this Decree, there are multiple housing construction projects containing detached houses.
2. The management of sale, lease-purchase, and donation of houses to foreign organizations and individuals shall be as follows:
a) Prior to signing contracts of sale, lease-purchase, or donation of houses, the project developer, donor, or seller must check information on the website of the provincial housing management authority where the housing construction project is located. The developer or seller may only sell or lease-purchase, and the donor may only donate, houses to foreign organizations and individuals in accordance with the prescribed number;
b) Within a maximum of 03 working days from the date of signing a contract of sale, lease-purchase, or donation of houses, the developer, donor, or seller of houses to foreign organizations or individuals shall be responsible for notifying (by email and in writing) the provincial housing management authority where the houses are located of the name of the buyer, the address of the houses sold, leased-purchased, or donated for posting on the authority’s website. Within a maximum of 03 working days from the date of receipt of such information, the provincial housing management authority must verify and post this information on its website;
c) Before granting a Certificate of Ownership to a foreign organization or individual, the competent authority must check the information posted by the provincial housing management authority. Within a maximum of 03 working days from the date of issuance of the Certificate of Ownership to a foreign organization or individual, the competent authority shall notify (by email and in writing) the provincial housing management authority for posting on its website.
3. Any transactions of purchase, lease-purchase, or donation of houses by foreign organizations or individuals that exceed the number permitted under Article 19 of the Law on Housing, or transactions of purchase, lease-purchase, or donation of houses in housing construction projects in which foreign organizations and individuals are not permitted to own houses, shall be legally invalid and shall not be granted a Certificate of Ownership by competent authorities. The seller or lessor must compensate the buyer or lessee for any damages incurred.
4. Provincial housing management authorities, developers, sellers, donors of houses, and competent authorities issuing Certificates of Ownership who fail to timely notify or post information as prescribed in Clause 2 of this Article shall bear legal responsibility; if such delay causes damage, they must compensate the aggrieved party.
5. Reporting on housing ownership by foreign organizations and individuals in Vietnam shall be as follows:
a) The authority issuing Certificates of Ownership shall be responsible for submitting reports to the Ministry of Construction and the Ministry of Natural Resources and Environment on the issuance of Certificates using Form No. 02 in Appendix I enclosed with this Decree, accompanied by a copy of the Certificate issued to foreign organizations and individuals for monitoring and management;
b) The provision of information and data on the issuance of Certificates of Ownership of housing to foreign organizations and individuals shall be carried out in accordance with the provisions on the provision of housing information and data under the law on real estate business.
Article 8. Documents Proving Eligibility of Housing for Transactions Where No Certificate of Ownership Has Been Granted
1. For transactions involving the purchase or lease-purchase of houses in housing construction projects, documents proving that the houses meet the conditions for being put into business shall be required as follows:
a) Where persons resettled under a resettlement arrangement purchase or lease-purchase future resettlement houses, such houses must have documents proving eligibility for business under the law on real estate business, except the requirement for a written notice of eligibility for sale or lease-purchase issued by the provincial real estate management authority. In case of existing resettlement houses, they must have acceptance records for use as prescribed by construction law;
b) For purchase or lease-purchase of social housing or housing for the armed forces, documents proving eligibility for transaction under the law on development and management of social housing shall be required.
2. For transactions involving the purchase or lease-purchase of houses to be formed in the future not belonging to housing construction projects, land use right certificates under land law and construction permits (where required by construction law) shall be required; if no construction permit is required, documents proving the investment in construction of such houses shall be required.
3. For transactions involving the purchase or lease of housing being public assets under Point d Clause 1 Article 13 of the Law on Housing, documents confirming that such housing falls within the category permitted for lease or sale under Articles 63 and 69 of this Decree shall be required.
4. For transactions involving the donation of gratitude houses, charity houses, or great unity houses, the donating organization must have documents proving the construction of such houses for donation.
5. For transactions involving the mortgage of houses to be formed in the future by project developers, documents proving eligibility for mortgage under Point a Clause 1 Article 184 of the Law on Housing, documents proving completion of house foundations under construction law, and documents proving that the mortgaged houses are not part of a project or the entire project already mortgaged, or documents proving release of mortgage, if applicable, shall be required. In case organizations or individuals mortgage houses purchased and to be formed in the future, documents prescribed at Point c Clause 1 Article 184 of the Law on Housing shall be required.
6. In cases of lease, loan, temporary stay, or authorization for housing management (except lease of public housing under Point d Clause 1 Article 13 of the Law on Housing), the lessor, lender, host, or authorizing party must have a purchase or lease-purchase contract signed with the housing project developer if the housing is purchased or lease-purchased from the developer. In cases involving transfer of a purchase contract, a written contract assignment in accordance with the law on real estate business shall also be required. If the housing is self-built, a construction permit or documents proving ownership under civil law and land law shall be required.
7. For inheritance of housing, the following documents shall be required:
a) If inherited housing is by way of donation, documents proving ownership of the donor shall be required;
b) If inherited housing is by way of purchase or lease-purchase, a lawful purchase or lease-purchase contract together with documents proving ownership of the housing or investment in its construction by the seller or lessor shall be required;
c) If inherited housing is newly constructed, a construction permit (where required by law) and land use right certificates under land law of the bequeather shall be required;
d) If inherited housing is determined by court judgment, a legally effective judgment or decision of the People’s Court shall be required;
dd) Other documents proving inheritance rights under inheritance law.
8. For transactions involving the sale of housing owned by organizations subject to dissolution or bankruptcy, a resolution or decision on dissolution of the organization, or a notice from a competent authority on dissolution of the housing-owning organization, shall be required. In case of bankruptcy, a court decision declaring the bankruptcy of the housing-owning organization shall be required.
Article 17. Foreign Organizations and Individuals Entitled to Own Housing and Forms of Housing Ownership in Vietnam (It has been mentioned above)
1. Foreign organizations and individuals entitled to own housing in Vietnam include:
…
b) Foreign-invested economic organizations, branches and representative offices of foreign enterprises, foreign investment funds, and branches of foreign banks operating in Vietnam (hereinafter collectively referred to as “foreign organizations”);
c) Foreign individuals permitted to enter Vietnam.
