Vietnamese residing overseas is entitled to own residential housing in Vietnam

Law on amendment to Article 126 of the Law on residental housing and Article 121 of the Law on land No.34/2009/QH12 dated 18 June 2009 prescribed that Vietnamese residing overseas resides in Vietnam for duration of three months or more shall be entitled to own housing in Vietnam.

Vietnamese residing oversea is entitled to own residential housing in Vietnam

1 . Any Vietnamese person residing overseas who is in the following the categories and who is permitted by the competent Vietnamese authority to reside in Vietnam for a duration of three months or more shall be entitled to own housing in Vietnam for such person and his or her family members to live in:

 a) A person with Vietnamese nationality;
 b) The person of  Vietnamese origin in the categories: A person returning for a direct investment in Vietnam pursuant to the law on investment; a person whose work have contributed to the country; scientists, cultural activist, or person with special skills neede by a body or organization of, and who is working in Vietnam; or a person whose husband or wife is a Vietnamese citizen living in Vietnam.

2. Any person of Vietnamese origin not in the categories stipulated in Clause 1(b) of Clause 1  mentioned above and issued by the competent Vietnamese authority with a visa exemption certificate and be permitted to reside in Vietnam for a duration of three months or more shall be entitled to own one separate residence or one apartment in  an apartment block in Vietnam for such person and his or her family members to live in, in Vietnam.

3. Vietnamese residing overseas who falls in the categories specified above shall be entitled to own residential housing attached to the right to use residnetial land in Vietnam.

4 . Vietnamese residing overseas who own residential housing attached to the right to use residnetial land in Vietnam shall have the following rights and obligations:

 a) The rights and obligations stipulated in Articles 105 and 107 of the Law on land;
 b) Transfer of residential land use rights when they sell, donate, bequeath or convert the houses to the domestic organization or individuals, or to a Vietnamese residing overseas in the categories of those entitled to own a house in Vietnam to live in; or when they donate the house together with the land use rights to the State, to the community of citizents or as a charity house pursuant to Point c, Clause 2, Article 110 of the Law on land. In case of donation to a donee or bequest to a legatee who is ineligible  to own residential housing in Vietnam, then such donee or legatee shall only be entitled to the value of the houses on the residential land;
 c ) To mortgage the houses on residnetial land use rights with credit institutions licensed to operate in Vietnam;
 d ) To be paid compensation in accordance with law of Vietnam if the State recovers the land;
 e ) To lease out (and/or) to authorize others to manage the house in the period that he/she does not use the house.

Chapter 5 of Decree No.71/2010/ND-CP dated 23 June 2010 providing detail regulations  and guidelines for implementation of the Law on residential house prescribes house ownership by Vietnamese resideing overases.

1. The duration of home ownership by Vietnamese residing overseas shall be stable and long term.

2. Documents proving Vietnamese resideing overseas shall be entitled to own housing in Vietnam.
Vietnamese residing overseas shall be entitled to own housing in Vietnam must have the following documents to proving their eligibility:

 a) People with Vietnamese nationality must have a valid Vietnamese passport; and if they have foreign passport, they must has have another document proving Vietnamese nationality as stipulated by Law on nationality;
 b) People of Vietnamese origin must have a foreign passport together with document  certifying their Vietnamese origin issued by the competent body of Vietnam.

3. Documents proving temporary residence in Vietnam by Vietnamese residing overseas.

 3.1 Vietnamese residing overseas holding a Vietnamese passport must have one of the following documents to prove their temporary residence in Vietnamissued by the ward police in the locality of such residence:
  a) Temporary residence register;
  b)  Document proving registration of temporary residence in the locality.

Vietnamese residing overseas must make a request, and present his or her passport to the ward police in order to be issued with the document referred to in this clause; and the ward police shall be reposnsible to issue one of the documents referred to in this clause within a maximum of three days from the date of receipt of the request.

3.2 Vietnamese residing overseas and holding foreign passport must have one of the following documents issued by the immigration authority of Vietnam :

  a) Temporary residence card ;
  b) An official stampt in their passport certifying temporary residence in Vietnam for three months or more.

Lawyervn.net