Viet Kieu wants to buy land

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Jane (not verified)
Viet Kieu wants to buy land

Hi Tomo,
I left Vietnam 3 decades ago and hesitate to come back because of all the stories that I've heard. On 8/2/12 I decided to see for myself and discovered south of Saigon is great and saw the amazing face lift of Vietnam. I forgot what it was like back then, but I love the scenery and already wanted to semi-retire when the time is due. You're very informative and you mentioned that "VIet Kieu" by virtue of being a child of former Vietnamese citizens, but without all the same rights as a Vietnamese citizen. I would like to buy land and I have no closed relatives. As You mentioned it's impractical to get dual citizenship, What would you recommend so I can somehow buy land under my name.

marcelle (not verified)

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

thanhtrung1189 (not verified)

You can buy home in Vietnam, but foreigners just have 50 years leasehold ownership. However you have right to assign your property to another ones.

If you are interested in seaside villas in Vietnam contact me through [email protected] I'll send you information of several sea villa projects, you may love it

thanhtrung1189 (not verified)

The law hasn't changed much

But if you want to buy vacation villas, there are a lot of choices for you.

We have seaside villas in some famous tourist spots such as Phan Thiet, Nha Trang, especially Phu Quoc Island. And you may concern that foreigners just have 50 years leasehold ownership. After this period of time you can get an extension to get more time using your villa

tomo

The law did change recently. The law states that foreigners can buy property. Actually they can't buy, they can only lease long term, and they only lease the condominium structure above the land, not the land itself, etc. So it's quite limited. Furthermore, the law's implementation is not clear. Therefore nearly nobody has had success in buying property in Vietnam.

Anonymous

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

Anonymous (not verified)

You may consider the followings: Phan Thiet, Phu Quoc Island, Nha Trang, Hoi An.

Anonymous

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.

Anonymous (not verified)

No, Viet Kieu still cannot buy. I just bought an apatment in HCMC. Had to put under my wife name. Went to the property transfer place and was told by authority no. Everyone say Viet Kieu can, but in the end you can't. Don't believe the Cong Sang. I had follow all there rules even have Vietnamese wife and all the paperwork. I have the rules listed above too.

Anonymous (not verified)

No, Viet Kieu still cannot buy. I just bought an apatment in HCMC. Had to put under my wife name. Went to the property transfer place and was told by authority no. Everyone say Viet Kieu can, but in the end you can't. Don't believe the Cong Sang. I had follow all there rules even have Vietnamese wife and all the paperwork. I have the rules listed above too.

tomo

Thanks for that comment!

tomo

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.

Anonymous

Thank you Tomo and Christ for your quick responses.
My family did left the country legally and my passport stated Vietnam as country of birth. Would you be able to tell me what are the procedures that I need to do in order to have dual citizenships? Thank you.

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