Conditions for Vietnamese people residing abroad to buy land?
1. Conditions for Vietnamese people residing abroad to buy land?
Pursuant to Clause 3, Article 3 of Consolidated Document No. 05/VBHN-VPQH Vietnamese Nationality Law stipulates that Vietnamese people residing abroad are Vietnamese citizens, people of Vietnamese origin who reside and live stably for a long time. long stay abroad.
According to the above regulations, Vietnamese people residing abroad will include two categories: Vietnamese citizens and people of Vietnamese origin residing and living abroad long term.
Pursuant to Clause 6, Article 5 of the 2013 Land Law, it stipulates that land users include:
– Vietnamese people residing abroad according to the provisions of law on nationality.
At the same time, based on Clause 2, Article 186 of the 2013 Land Law, it is stipulated that Vietnamese people residing abroad who are subject to the right to own housing under the law will have the right to own housing associated with the right to use. residential land in Vietnam.
Therefore, Vietnamese people residing abroad who want to own housing associated with residential land use rights in Vietnam must belong to the subjects with housing ownership rights according to the provisions of housing law.
Pursuant to Point dd, Clause 1, Article 169 of the 2013 Land Law, Vietnamese people residing abroad who are eligible to own housing in Vietnam in accordance with the housing law will be allowed to receive land use rights transfer. through the following forms:
– Buy, hire purchase; receive inheritance; Receiving donated housing associated with residential land use rights.
– Or receive land use rights in housing development projects.
Therefore, Vietnamese people residing abroad will not be allowed to receive transfer of private land use rights (i.e. not allowed to buy private land). However, the exception is when the land plot is located in housing development projects.
According to Article 7 of Consolidated Document 04/VBHN-VPQH 2022 Housing Law, subjects eligible to own housing in Vietnam include:
– Individuals, households, domestic organizations.
– Vietnamese people residing abroad.
– Foreign organizations and individuals as prescribed in Clause 1, Article 159 Consolidated Document 04/VBHN-VPQH 2022 Housing Law.
Thus, Vietnamese people residing abroad are allowed to own houses in Vietnam.
To own a house in Vietnam, Vietnamese people residing abroad must meet the following conditions:
– Must be allowed to enter Vietnam.
– Are allowed to have legal housing through the following forms:
+ Buying, renting and purchasing commercial housing from enterprises and real estate business cooperatives.
+ Buy, receive as a gift, exchange, or inherit housing from households and individuals.
+ Receive transfer of residential land use rights in commercial housing construction investment projects that are allowed to sell the land to self-organize housing construction according to regulations.
2. What benefits do Vietnamese people residing abroad have when owning real estate in Vietnam:
The first,Rights and obligations when using land:
– Be granted a Certificate of land use rights, ownership of housing and other assets attached to land.
– Enjoy the fruits of labor and investment results in land.
– Enjoy benefits from State works serving the protection and improvement of agricultural land.
– In improving and enriching agricultural land, the State is guided and assisted.
– When others violate your legal rights and interests in land, the State will protect you.
– When the State has a decision to recover land according to law, compensation will be provided.
– For acts that violate your legal land use rights and other acts that violate land laws, you will have the right to complain, denounce, and sue.
– Allowed to transfer residential land use rights when selling, donating, bequeathing, or exchanging houses for domestic organizations and individuals, and Vietnamese people residing abroad who are eligible to own houses in Vietnam to live.
– Donate housing associated with residential land use rights to the State, residential community, donate gratitude houses according to regulations.
– If giving or bequeathing to subjects who are not eligible to own housing in Vietnam, those subjects are only allowed to enjoy the value of the housing associated with residential land use rights.
– Have the right to mortgage housing associated with residential land use rights at credit institutions licensed to operate in Vietnam.
– During the period of not being able to use the right to rent or authorize housing management.
Monday, Rights and obligations when owning a house:
– The inviolable right to your legally owned housing.
– To use the house for residential purposes and other purposes not prohibited by law.
– For houses under your legal ownership, you will be issued a Certificate.
– Sell, transfer contracts of purchase and sale, lease, lease purchase, gift, exchange, inheritance, mortgage, capital contribution, loan, stay, authorization for housing management.
– If you donate or inherit housing to subjects who are not eligible to own housing in Vietnam, those subjects are only allowed to enjoy the value of that housing.
– Shared use of public facilities in residential areas.
– Maintain, renovate, demolish and rebuild housing according to regulations.
– If the State demolishes, requisitions, or requisitions housing, compensation will be provided according to law; or will be paid by the State at market price when the State pre-purchased legally owned housing for defense and security purposes; socio-economic development for national and public benefits or in a state of war, emergency, or natural disaster prevention and control.
– For acts that violate your legal property rights, you have the right to complain, denounce, and sue.
– Must carry out fire prevention and fighting, ensure hygiene, environment, social order and safety according to regulations.
– When selling or transferring contracts of sale, lease, lease purchase, gift, exchange, inheritance, mortgage, capital contribution, loan, stay, or housing management authorization, must be fully implemented. fully meet the provisions of law.
– When maintaining, renovating, demolishing, and rebuilding housing, you must comply with the provisions of housing law and must not affect or cause damage to the interests of the State or public interests. , legitimate rights and interests of other organizations, households, and individuals.
– In case the house is required to participate in fire and explosion insurance, the obligation to pay fire and explosion insurance must be fulfilled according to regulations.
– If you fall into the case of being administratively sanctioned for violating housing laws, you must comply with those decisions.
– When housing ownership is recognized, when performing transactions and in the process of using the housing, financial obligations to the State must be fulfilled.
– When it comes time to inspect, monitor, and maintain equipment systems, technical infrastructure systems, and areas under common ownership and common use, it must be responsible to ensure that relevant parties and stakeholders are responsible. implementation authority.
3. Can Vietnamese people residing abroad inherit land use rights?
According to the provisions of Clause 1, Article 179 of the 2013 Land Law, heirs are Vietnamese residing abroad and are not subject to housing ownership rights according to the provisions of housing law. do not enjoy land use rights but only enjoy the value of that land.
Legal documents used in the article:
Land Law 2013.