The Ministry Of Construction Requires Reviewing The Allocation Of Land For The Construction Of Housing For Foreigners

The Ministry of Construction has just announced Official Letter No. 1041 / BXD-QLN dated May 11^th 2017 to the People’s Committees of provinces, the city under the central government regulates the implementation of the Housing Law on the purchase and ownership of housing of foreign organizations and individuals in Vietnam.

Accordingly, the Ministry of Construction proposed the People’s Committee of provinces and cities to direct the Department of Construction coordinate with local functional agencies to expeditiously identify the areas where need to ensure security and defense in the locality. At the same time, they determine the list of investment projects on construction of commercial houses in areas where foreign organizations and individuals are not allowed to own houses.

To publicize on the Portal of the Construction Department the contents specified in Clause 1, Article 76 of Decree No. 99/2015 / ND-CP for foreign organizations and individuals as well as investors projects on construction of houses have the proofs that they have done provisions of law.

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On May 11, 1977, the Ministry of Construction requested the implementation of the provisions of the Housing Law on the purchase and ownership of houses of foreign organizations and individuals in Vietnam.

Instructing the competent authorities to issue certificates of land using right, housing and other assets ownership that are attached to the lands in the locality. Besides, they have also instructed the certificates for buyers of houses in accordance with the provisions of the Housing Law in 2014, Decree No. 99/2015 / ND-CP and guiding documents of central agencies.

Basing on the provisions of the Housing Law settles problems arising in the course of implementation. In case of detecting the shortcomings and inadequacies of the provisions of Housing Law regarding the purchase and ownership of houses of foreign organizations and individuals in Vietnam, you can send the documents to the Ministry of Construction To be guided and settled according to their competence or propose competent agencies to consider and settle them.

Previously, on November 25^th 2013, the XIII National Assembly passed the Housing Law No. 65/2014 / QH13, which specifies the permission of foreign organizations and individuals to buy and own houses in Vietnam.

Accordingly, foreign individuals who are allowed to own houses in Vietnam must be allowed to enter Vietnam according to the following regulations. There must be valid passports having stamps for entry verification by the Vietnamese Immigration Department. Not eligible for preferential immunities and diplomatic exempt is under the provisions of the Ordinance on preferential immunities and exempt to Diplomatic Missions, Consulates and Representative Offices of International Organizations in Vietnam.

On May 11^th 2017, the Ministry of Construction sent Document No. 1041 / BXD-QLN to the People’s Committees of provinces and cities under the central government and asked them to implement the provisions of the Housing Law on the purchase and ownership of the house of foreign organizations and individuals in Vietnam.

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Direct the competent agencies to grant certificates of land use right and house ownership to foreigners in Vietnam

For foreign organizations, they must be subjects defined in Article 159 of the Housing Law and have investment registration certificates or papers granted by competent Vietnamese agencies for operation in Vietnam and had the valid at the time of entering into housing transactions.

In order to implement the above regulation, on October 20^th 2015, the Government issued Decree No. 99/2015 / ND-CP detailing and guiding the implementation of some Articles of the Housing Law. The Ministry of Defense and the Ministry of Public Security have determined the specific areas in need of security and defense in each locality. They must also send a written notice to the provincial People’s Committees at levels. They are used to direct the Ministry of Construction determining the specific list of investment projects and building commercial houses on location where foreign organizations and individuals are not allowed to own houses.

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