1. Can dual nationality people have the right to use housing attached to land in their name?

According to Article 13 of the Law on Vietnamese Nationality:

“Article 13. Persons having Vietnamese nationality

1. Persons having Vietnamese nationality include those who have Vietnamese nationality by the effective date of this Law and those who acquire Vietnamese nationality under this Law.

2. Overseas Vietnamese who have not yet lost Vietnamese nationality as prescribed by Vietnamese law before the effective date of this Law may retain their Vietnamese nationality and within 5 years after the effective date of this Law, shall make registration with overseas Vietnamese representative missions to retain Vietnamese nationality.

The Government shall specify the order of and procedures for registration for retention of Vietnamese nationality.”

So, if you have not lost your Vietnamese nationality before June 24, 2014 (before the 2008 Law on Vietnamese Nationality is amended and supplemented takes effect), you still have full rights and obligations of a Vietnamese citizen. South according to the provisions of Vietnamese law. Including land use rights and housing ownership in Vietnam. Accordingly, you have the full right to have your name on the certificate of land use rights, ownership of housing and assets attached to land.

2. Can I transfer land use rights to grow perennial crops to relatives by gifting them?

According to Article 188 of the Land Law:

“Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.”

So you have a land use right certificate in your name on the land for growing perennial crops and there is no dispute, so you have the right to donate that land to your relatives.

3. Is it reasonable for me to transfer by donating perennial land use rights and donating housing use rights attached to the land (according to the online form)? Can people who are not related be given and received land use rights?

According to Article 459 of the Civil Code:

"Article 459. Gifts of immoveable property

1. A gift of immoveable property must be recorded in writing and notarized or certified, and must be registered if the law on immoveable property requires registration of ownership.

2. A contract for a gift of immovable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered."

Accordingly, the law has no regulations that the donor and recipient of land use rights must be related.

According to Clause 3, Article 167 Land Law 2013:

“3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.”.

So you can use the land use rights donation contract form above, but then you must have the form notarized.