Can people with dual Vietnamese and foreign nationality buy real estate in Vietnam?

- Vietnamese Nationality Law 2008 (amended and supplemented in 2014)

- Land Law 2013;

- Housing Law 2014;

- Decree 43/2014/ND-CP guiding the implementation of the Land Law;

First of all, according to the information he provided, he has Vietnamese nationality and has lived permanently in Canada. Pursuant to Clause 3, Article 3 of the 2008 Vietnamese Nationality Law: “3. "Vietnamese people residing abroad are Vietnamese citizens and people of Vietnamese origin who reside and live permanently abroad", so he belongs to the category of Vietnamese people residing abroad.

Regarding the issue of receiving land use rights for Vietnamese residing abroad, Point dd, Clause 1, Article 169 of the 2013 Land Law stipulates as follows:

"d) Vietnamese people residing abroad who are eligible to own housing in Vietnam according to the provisions of housing law are entitled to transfer residential land use rights through purchase, lease purchase, inheritance, receiving donated housing associated with residential land use rights or receiving residential land use rights in housing development projects;"

Clause 1, Article 186 of the 2013 Land Law also has regulations on the rights and obligations regarding residential land use of Vietnamese people residing abroad who can own houses in Vietnam as follows:

"1. Vietnamese people residing abroad who have the right to own housing according to the provisions of housing law have the right to own housing associated with the right to use residential land in Vietnam."

Article 7 of the 2014 Housing Law stipulates that Vietnamese people residing abroad are one of the subjects allowed to own housing in Vietnam. According to Article 8 of the 2014 Housing Law, conditions for Vietnamese people residing abroad to be recognized as housing owners in Vietnam include:

First, you are allowed to enter Vietnam

Second, have legal housing through the form of buying or renting commercial housing from real estate businesses and cooperatives (hereinafter referred to as real estate businesses); buy, receive as a gift, exchange, or inherit housing from households and individuals; Receiving transfer of residential land use rights in commercial housing construction investment projects is allowed to sell the land to self-organize housing construction according to the provisions of law.

Thus, based on the above regulations, Vietnamese residing abroad can only receive direct transfer of land use rights in commercial housing construction investment projects that are allowed to sell plots. to self-organize housing construction according to the provisions of law. For other cases, the law only allows Vietnamese residing abroad to transfer residential land use rights through the form of purchase, lease-purchase, inheritance, or donation of housing associated with the right to use land. Residential land use, which means receiving land use rights transfer must be attached to housing. In both of the above cases, Vietnamese people residing abroad are required to meet the conditions to be allowed to enter Vietnam.

Regarding the order and procedures for purchasing real estate that is allowed to be transferred by Vietnamese residing abroad in Vietnam, the UK can follow the provisions of law as follows:

Step 1: Notarize the contract

The two parties transferring and receiving the transfer go to a notary organization in the province where the land is located to request notarization of the land use rights transfer contract. Documents that need to be notarized include:

- Request for contract notarization (according to form).

- Draft transfer contract (if any).

- Original ID card, ID card, passport of the transferor and transferee.

- Original certificate of land use rights.

- Copies of other documents related to the contract.

Step 2: Declare financial obligations

You declare your financial obligations at the Land Registration Office. Documents for transferring the name of the red book include:

- Registration fee declaration (02 copies signed by the buyer)

- Personal income tax declaration (02 copies signed by the seller.

- Notarized contract (01 original copy)

- Certificate of land use rights (red book); ownership of housing and assets attached to land (01 copy certified by a competent authority).

- ID card + Household registration book of both buyer and seller (01 copy certified by a competent authority)

- In case of donation or inheritance, there must be documents proving the personal relationship of the donor and recipient to be exempt from personal income tax.

Time limit for tax payment notice: 10 days. After notification, taxpayers pay money into the state budget.

Step 3: Declare name transfer documents

Documents for transferring red book names include:

- Application for change registration (signed by the seller); In case there is an agreement in the contract for the buyer to carry out administrative procedures, the buyer can sign instead.

- Transfer contract

- Certificate of land use rights (red book), ownership of house and assets attached to land (original)

- Payment slip to the state budget (original)

- Copy of ID card, ID card, passport of the transferee.

Step 4: Get results

After completing your financial obligations, you submit the receipt to the Land Registration Office to receive a Certificate of land use rights and ownership of houses/apartments on the land.