In order to facilitate living and working, many foreigners choose to buy a house. On November 25, 2014, our country has passed the Housing Act 2014 allowing foreign individuals and organizations to own house ownership in Vietnam. However, in order to own a foreigner’s home, it is necessary to legalize the procedure.
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The condition is necessary and sufficient to buy a house in Vietnam
The conditions for foreign individuals buying and owning houses in Vietnam are legally specified in the Housing Law of 2014. Specifically, Article 5 of Decree No. 99/2015 / ND-CP stipulates A lawsuit for foreigners to buy houses in Vietnam.
The first condition is that foreign individuals and organizations must have documents proving the object, condition of purchase, bequeath, donation and ownership of houses in Vietnam.
If a foreign individual buys a house, he/she must have a valid passport and be sealed for entry by the State management agency. If they are foreign organizations, they must be qualified to recognize the ownership of houses in Vietnam. At the same time, the certificate of investment registration or papers approved by competent Vietnamese agencies for operation still valid at the time of signing house transactions.
The second condition for foreigners to buy a house in Vietnam is a document proving the condition of buying and owning a house in Vietnam. Foreign individuals must have permanent residence cards or temporary residence cards in Vietnam. These documents are issued by the Immigration Department for a period of 12 months or more. Besides, foreigners buying houses not entitled to diplomatic or consular privileges and immunities as provided for by the Ordinance of the National Assembly Standing Committee.
The necessary legal procedures
The order and procedures, as well as dossiers of application for certificates of ownership of houses and land use rights for foreigners, are provided for in Decree 51/2009 / ND-CP.
To obtain a certificate of ownership of land and land use rights in foreigners must submit a file to the Department of Construction where the apartment has located the application for the certificate of ownership of housing and rights.Land use includes:
– An application for a certificate of ownership of residential housing and land use right in Vietnamese and English (in the form).
– The original contract of purchase, sale, donation of dwelling house or papers of house inheritance in accordance with the law of Vietnam. In case of purchasing apartments of real estate business enterprises, sale and purchase contracts must not be certified by the notary. If buying or donating an individual’s apartment, the contract must be notarized according to the provisions of law on housing;
– A certified copy of the foreign passport and one of the documents stipulated in Decree 51. In case the copy of the passport is not certified, the original must be submitted for comparison when submitting the dossier.
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-In case of buying apartments of real estate business enterprises, they have to carry out the procedures for buying and selling through the real estate trading floor and have the original documents certifying the purchase and sale of apartments through transaction floors according to the provisions of law. Real estate business law.
– Receipt of tax and registration fee according to the provisions of law. Tax rates and registration fees apply as Vietnamese citizens in the country.
After completion of the legal formalities for the application file if the application file is valid the Department of Construction will grant the certificate of house ownership to foreigners. When coming to get the certificate of ownership of the house, the foreigner must produce the receipt of the dossier, pay the fee for granting the certificate and sign in the Register of ownership of housing.
Within 2 days after receiving the certificate, the foreigner must send a written document to the Ministry of Construction. The contents of the document must clearly state the full name, passport number, place of issue, date of issue, a nationality of the home buyer and the address of the purchase and sale. In addition, there should be a certificate number and the date of issuance of the certificate of ownership of land and land use rights. The provision of this information is for the Ministry of Construction to include information on the Department’s Web site. In cases where a house in Vietnam is owned by a notice on the website of the Ministry of Construction, it is not allowed to own other houses in the whole country.
Legal procedures for foreigners buying a house in Vietnam are not difficult if they have knowledge of the law. There are now a lot of foreigners who have been doing these procedures. Owning a house in Vietnam helps foreigners to work peacefully and also helps our country’s economy to develop more and more integrally.
You are reading the article “Legal Procedures For Foreigners When Buying A Home In Viet Nam” in the section “Real Estate News” on the website: www.realestatevietnam.com.vn
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