Question: Please ask, what procedures do Vietnamese people residing abroad who want to own a house in Vietnam need?

Reply:

Vietnamese people residing abroad

According to Clause 3, Article 3, Vietnamese Nationality Law 2008, Vietnamese people residing abroad are Vietnamese citizens and people of Vietnamese origin residing and living permanently abroad.

What documents must Vietnamese people residing abroad have to own houses in Vietnam?

According to Clause 2, Article 31, Decree No. 43/2014/ND-CP, Vietnamese people residing abroad who own houses in Vietnam must have the following documents:

(1) Documents on buying and selling, receiving as a gift or inheriting a house or owning a house through other forms according to the provisions of housing law;

(2) One of the transferor's documents specified in Clause 1 and Clause 3, Article 31, Decree No. 43/2014/ND-CP (amended in Decree No. 148/2020/ND-CP) as follows: after:

* Documents of the transferor according to Clause 1, Article 31, Decree No. 43/2014/ND-CP (amended in Decree No. 148/2020/ND-CP):

- House construction permit or limited-term house construction permit in cases where a construction permit must be applied for according to the provisions of construction law.

In case the house was built not in accordance with the issued construction permit, there must be a written opinion from the agency competent to grant construction permits confirming that the area built in contravention of the permit does not affect safety. The project is now in accordance with the construction planning approved by the competent authority;

- State-owned housing purchase and sale contract according to the provisions of Decree 61/CP dated July 5, 1994 of the Government on housing purchase, sale and business or documents on liquidation and valuation of owned housing State before July 5, 1994;

- Documents on handing over or donating gratitude houses, charity houses, and great solidarity houses;

- Documents on housing ownership issued by competent authorities during periods when that real estate is not subject to the State establishing ownership by the entire people according to the provisions of Resolution 23/2003/QH11 on housing owned by the State. The country has managed and arranged for use in the process of implementing policies on housing and land management and socialist renovation policies before July 1, 1991, Resolution No. 755/2005/NQ-UBTVQH11 regulating the Resolve a number of specific cases related to real estate during the implementation of real estate management policies and socialist renovation policies before July 1, 1991;

- Documents on buying, selling, receiving as a gift, exchanging or inheriting housing that have been certified by a notary public or authenticated by a competent People's Committee according to the provisions of law.

In case of housing purchased, donated, exchanged, or inherited since July 1, 2006, there must be a document on that transaction according to the provisions of housing law.

In case the house is purchased from a construction investment enterprise for sale, there must be a house sale contract signed by both parties;

- Judgment or decision of the People's Court or documents of a competent state agency resolving housing ownership rights that have taken legal effect;

- In case the applicant for housing ownership certification has one of the documents specified in Points a, b, c, d, dd and e, Clause 1, Article 31, Decree No. 43/2014/ND -CP (amended in Decree No. 148/2020/ND-CP) if another person's name is written on that document, there must be one of the documents on buying, selling, receiving as a gift, exchanging, or inheriting the house first. dated July 1, 2006, signed by relevant parties and must be confirmed by the Commune People's Committee;

In case of housing purchased, donated, exchanged, or inherited before July 1, 2006 without documents on the purchase, donation, exchange, or inheritance signed by the parties, The relevant party must have the commune-level People's Committee confirm the time of purchase, donation, exchange, or inheritance of that house.

In case the applicant for housing ownership certification has one of the documents specified in Points a, b, c, d, dd and e, Clause 1, Article 31, Decree No. 43/2014/ND- CP (amended in Decree No. 148/2020/ND-CP) if the current housing status is not consistent with those documents, the part of the housing that is not consistent with the documents must be confirmed by the Commune People's Committee as prescribed. specified in Point h, Clause 1, Article 31, Decree No. 43/2014/ND-CP (amended in Decree No. 48/2020/ND-CP);

- In case a domestic individual does not have one of the documents specified in Points a, b, c, d, dd and e, Clause 1, Article 31, Decree No. 43/2014/ND-CP (amended) in Decree No. 148/2020/ND-CP), there must be documents certifying the commune-level People's Committee on housing completed construction before July 1, 2006, built before use planning. land, construction planning or must be in accordance with planning in case of construction after having land use planning, detailed urban construction planning, rural residential area planning according to the provisions of law.

In case the housing construction was completed from July 1, 2006 onwards, there must be documents certifying the housing from the Commune People's Committee that it is not subject to a construction permit and meets the housing conditions. planning as in the case of housing built before July 1, 2006;

In case a house is subject to a construction permit without a permit, there must be documents from the district-level construction management agency approving the existence of that house.

* Documents of the transferor according to Clause 3, Article 31, Decree No. 43/2014/ND-CP:

- In case of investing in housing construction for business purposes, there must be one of the documents on the housing development project for business purposes (project approval decision or investment decision or investment license or certificate). receive investment);

- In case of buying, receiving as a gift, inheriting a house or owning a house through other forms as prescribed by law, there must be documents on that transaction according to the provisions of the law on housing;

- In case the built house does not comply with the documents specified in Points a and b, Clause 3, Article 31, Decree No. 43/2014/ND-CP, a written opinion from the agency is required. have the authority to grant construction permits to confirm that the construction area with incorrect documents does not affect the safety of the project and is now consistent with the construction planning approved by the competent authority (if any).