Is it now possible for a foreigner to buy a home in Vietnam? Did the law change in May, 2013?
If so, where are the most popular spots for vacation homes?
Thank you

Is it now possible for a foreigner to buy a home in Vietnam? Did the law change in May, 2013?
If so, where are the most popular spots for vacation homes?
Thank you

This should clear things up, if you want to buy land/house in VN.
QUESTION:
In respect to Viet Kieu (Overseas Vietnamese) owning houses here, could you please tell me what is needed to obtain a land-use certificate and housing title?

My understanding of the Decree covering the issue is that you must have a VietNam exemption certificate in your passport and a valid stamp from Immigration Office for three months or more, which we have.

So why do local authorities say that is not enough and they require a temporary residence card and proof of Vietnamese citizenship in addition?

ANSWER:
A lawyer specialising in real estate replied:

In terms of eligibility, overseas Vietnamese with the right to own a house in VietNam are defined in the amended Law on Housing, Article 126. Here are the details:

1. Overseas Vietnamese (defined below) who are permitted by competent Vietnamese agencies to reside in VietNam for three or more months may own houses for their own and their family's residence:

a. Persons having Vietnamese nationality;

b. Persons of Vietnamese origin who return to VietNam to make direct investment under the investment law; persons with meritorious contributions to the country; scientists, cultural scholars and persons with special skills who are needed by Vietnamese agencies or organisations and working in VietNam; and persons who have Vietnamese spouses living in the country.

2. Persons of Vietnamese origin not defined at Point ‘b' who are issued visa-exemption papers by competent Vietnamese agencies and are permitted to reside in VietNam for three or more months may each own a separate house or a condominium apartment in VietNam as their own and their family's residence in VietNam.

In terms of required papers, you will need papers showing your eligibility to own a house in VietNam and papers proving residence in the country.

Papers to show evidence of the eligibility of Overseas Vietnamese to own a house in VietNam are stipulated in Decree 71, Article 66 as below:

a. Those with Vietnamese nationality must possess a valid Vietnamese passport. Those holding a foreign passport must produce one of the papers evidencing their Vietnamese nationality under the nationality law;

b. Those of Vietnamese origin must possess a foreign passport together with a written certification of their Vietnamese origin issued by a competent Vietnamese authority.

Papers to prove that an Overseas Vietnamese has residence in VietNam are stipulated in Decree 71, Article 67 as below:

1. Overseas Vietnamese holding a Vietnamese passport must possess either of the following papers issued by the police of the ward, commune or township (below referred to as ward-level police) in which they reside:

a. Temporary residence book;

b. Written certification of temporary residence registration in the locality.

Overseas Vietnamese holding a Vietnamese passport must file an application and produce their passports at the ward-level police when requesting issuance of the papers specified in this clause.

Within three days of receiving an application, ward-level police shall grant either of the papers specified in this clause to overseas Vietnamese.

2. Overseas Vietnamese holding a foreign passport must possess either of the following papers issued by the Vietnamese Immigration Management Agency:

a. Temporary residence card;

b. Passport stamped with a mark showing temporary residence in VietNam for three months or more.

Therefore, depending on which categories you belong to, the authorised agencies will require equivalent papers to prove your eligibility to own a house in VietNam and your residence in the country.

Hi Jane,

The Vietnamese government has a sort of technical definition of "Viet Kieu" (overseas Vietnamese) which it defines as people who once had Vietnamese citizenship (and didn't wrongfully lose it somehow, like by illegally escaping the country) as well children of those former Vietnamese citizens. It's easiest to prove that you have Vietnamese ties if you were born here as your passport will list Vietnam as country of birth. Otherwise it's more complicated as you must prove ties to your parents who prove their Vietnamese-ness.

BTW, it is technically legal for any foreigner to buy certain kinds of property (condominiums), however extremely rare for various reasons.