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Q&A Legal basis for issues related to real estate in Vietnam with foreign elements (Part 3)

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Q&A Legal basis for issues related to real estate in Vietnam with foreign elements (Part 3)
Q&A Legal basis for issues related to real estate in Vietnam with foreign elements (Part 3)


11.      How do people of Vietnamese origin own a house?

Question: I am a foreigner of Vietnamese origin (having a birth certificate in Vietnam). At present, I want to buy an apartment in Vietnam from a real estate business (which is an enterprise that receives a transfer of an apartment from the investor) through the form of signing a transfer document (appropriate). co-sale of apartments with this business).

However, when the enterprise transfers the transfer document and my file to the investor for confirmation, it is rejected. The investor explained that it is unclear whether the legal status of Vietnamese people owning apartments in Vietnam is only clear, not allowed to transfer apartments from the enterprise.

I would like to ask, if I have a birth certificate in Vietnam, do I have to apply for a certificate of Vietnamese origin? Because the investor did not approve my application when only his birth certificate was available in Vietnam, he also asked me to go through the procedure to get a certificate of Vietnamese origin. According to them, there is enough evidence to prove that I am Vietnamese.

So is the investor not confirming the transfer document with the above reason? Am I allowed to buy an apartment from the above enterprise by written transfer?

In addition, I would like to ask if there is any difficulty in granting a Certificate of Home Ownership to Vietnamese people? In case I receive a transfer of an apartment from a real estate business like the above, can I get a certificate of house ownership? How long is the ownership period?

Answer:

In Article 7 of the Law on Housing 2014, it is stated that the subjects entitled to own houses in Vietnam, including Vietnamese residing overseas and objects of foreign organizations and individuals (according to regulations) stipulated in Clause 1, Article 159 of the Housing Law).

Clause 3, Article 5 of Decree 99/2015 / ND-CP dated October 20, 2015 of the Government also details the implementation of a number of articles of the Housing Law. Accordingly, for foreign individuals with Vietnamese original certification papers, if they want to determine the ownership of houses, they are only entitled to select one applicable person who is Vietnamese residing overseas or individual country. out.

Regarding documents proving that the subjects that are allowed to own houses of overseas Vietnamese, Ms. Trinh can refer to the provisions of Clause 2, Article 5 of Decree 99/2015 / ND-CP.

In order to know about the rights of homeowners who are overseas Vietnamese, Ms. Trinh can refer to the provisions of Article 10 of the Housing Law 2014. Also the rights of house owners are organizations and individuals. Foreign countries are regulated in Article 161 Housing Law 2014.

From the questions of Dang Hoai My Trinh, the Ministry of Construction asked her to compare her specific case with the provisions of the above law and relevant provisions of law to implement.

The granting of certificates of land use rights and ownership of houses and other assets attached to land to organizations and individuals, including foreign organizations and individuals and overseas Vietnamese comply with the Land Law and its guiding documents. In the process of implementation, if Ms. Trinh has problems related to the issuance of the Certificate, she would like to contact the Ministry of Natural Resources and Environment for guidance and settlement according to her authority.

12.      What is the basis for determining a foreign-invested real estate company?

Question: I am implementing an investment project of real estate business in the field of commercial housing and luxury apartments in Ho Chi Minh City. Danang. To do this, I will establish a 100% domestic-owned company with a head office in Ho Chi Minh City. Danang.

This company of mine (company A) will enter into a joint venture with a subsidiary (company C) of a 100% Korean-owned enterprise (company B) established under the provisions of Vietnamese law. operating in real estate business to create a new joint venture company (company D).

If we apply the above business plan, I do not know what the ability to implement this investment project will be due to the lack of understanding of current housing laws and real estate business laws.Specifically, I don't know, company D will be identified as a domestic company or a foreign invested company?

Please ask, company D is established by 2 capital contributing members: Company A and Company C, which are legal entities established under the provisions of Vietnamese law, not an organization established by law. Foreign company D will be considered a domestic company or a foreign invested company?

Answer:

Clause 1, Article 23 of the Investment Law states, "Where an economic organization is established by a company with 100% domestic capital joint venture with a subsidiary of a 100% foreign-owned company (established In accordance with the law of Vietnam, the conditions must be met and the investment procedures must be implemented according to regulations for foreign investors. "

In order to know the scope and form of real estate business of foreign invested enterprises, Mr. Kien should refer to the provisions of Clause 3, Article 11 of the Law on Real Estate Business.

13.      Can overseas Vietnamese buy houses in Vietnam?

Question: I am a Vietnamese residing abroad, now want to receive the transfer of residential land use rights, house ownership in Ho Chi Minh City from a Vietnamese individual (non-residential property project) commercial).

Besides, I also want to borrow bank loans in Vietnam to buy houses. My house seller also hired a service to ensure that I bought and mortgaged the residential land use right.

So please ask, am I among the recipients of the transfer of residential land use rights and housing ownership as mentioned above? Am I allowed to use residential land use rights, ownership of this house to mortgage at the bank?

Answer:

Articles 159, 160, 161 and 162 of the 2014 Housing Law clearly state the regulations on housing ownership in Vietnam of overseas Vietnamese. Also at Point đ, Clause 1, Article 169 of the Land Law stipulates the regulations on the right to receive the right to use residential land through the form of buying, renting, receiving inheritance and receiving gifts for houses attached to the rights. using residential land or receiving land use rights in housing development projects of overseas Vietnamese.

For cases of owning houses not belonging to housing development projects, owners may own houses only according to the housing law.

At Point c, Clause 2, Article 186 of the Land Law also stipulates that overseas Vietnamese are allowed to own houses attached to residential land use rights in Vietnam, to mortgage houses attached to residential land use rights at credit institutions licensed to operate in Vietnam.

14.      What is the process and procedure for buying and selling houses for foreign organizations?

Question: Proposing the Ministry of Construction to guide the order and procedures for buying and selling houses for foreign organizations.

Answer:

Clause 1, Article 159 of the Housing Law 2014 stipulates that foreign organizations that own houses in Vietnam include: Foreign-invested enterprises, representative offices,   branches of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam; Foreign organizations invest in building houses according to projects in Vietnam according to the provisions of this Law and relevant laws.

As a rule, the above-mentioned foreign organizations are allowed to own houses in Vietnam through such forms as: Buying, renting, receiving and receiving inherited commercial houses including apartments and houses. in separate projects of investment in construction of houses (except for defense and security areas under the Government's regulations); Invest in building houses according to projects in Vietnam.

Documents proving conditions,   Subjects entitled to own houses in Vietnam of foreign organizations are specified in Clause 2, Article 74 of Decree No. 99/2015 / ND-CP dated October 20, 2015 of the Government detailing and guiding conduct some articles of the Housing Law (Decree 99/2015 / ND-CP).

Article 75 of Decree 99/2015 / ND-CP, the number of houses purchased by foreign organizations is stipulated in Clause 2, Article 161 of the Housing Law 2014 and Article 76 of Decree 99/2015 / ND-CP regulates the area of ​​foreign organizations to own houses in Vietnam.

Resale rights of foreign organizations during the period of ownership of houses in Vietnam are stipulated in Clause 4, Article 7 of Decree No. 99/2015 / ND-CP.

The order and procedures for conducting housing transactions (including the purchase and sale of houses of foreign organizations) are stipulated in Article 120 of the Housing Law 2014. Thus, the ownership and sale of houses in ... in Vietnam of foreign organizations have been fully regulated housing laws.

15.      How are Vietnamese settlers abroad granted house ownership?

Question: My uncle is a Vietnamese residing overseas and has a Vietnamese origin certificate, but my uncle does not currently reside in Vietnam. So please ask when I apply for a certificate for an apartment in a condominium project, does my uncle have to provide proof of residence in Vietnam? If so, what kind of documents must be provided?

Also, uncle   I also want to ask, can the military officer use this paper for military officers?   How to apply for a Certificate for an apartment? Since my uncle worked in the military district, my household was cut off, so what kind of records do I have to provide to prove my permanent residence?

Answer:

Under the provisions of the Housing Law, overseas Vietnamese are allowed to own houses in Vietnam and are granted certificates of land use rights, ownership of houses and other assets attached to the land.   

In order to apply for a Certificate, land users need to provide information including full name, year of birth, nationality, and personal identification under the issued Passport.     

In case the land user has information on the registered address of permanent residence in Vietnam, it shall be recorded on the certificate as prescribed at Point b, Clause 1, Article 5 of Circular No. 23/2014 / TT-BTNMT dated 19 May 5, 2014 of the Ministry of Natural Resources and Environment regulates land use right certificates, ownership of houses and other assets attached to land.   

In case of granting Certificate of land use right, ownership of houses and other assets attached to land to domestic individuals, information on personal status of the person applying for the Certificate can use the Certificate People or People's Army ID or Citizenship ID card as stipulated in Clause 4, Article 6 of Circular No. 33/2017 / TT-BTNMT dated September 29, 2017 of the Ministry of Natural Resources and Environment.

Article 16 of the Residence Law states the regulations and residence of officers and soldiers of the people's army, where he is stationed, so Mr. Bach's uncle needs to provide the documents that the military station provided to his uncle .   

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