Question:
I am a Vietnamese citizen residing abroad, and currently, my parents and younger brother are in Vietnam. I would like to purchase a house in Vietnam. In my case, am I allowed to own property in Vietnam?
Answer:
According to the 2008 Law on Nationality, as amended in 2014, it stipulates that "Vietnamese residing abroad are Vietnamese citizens and individuals of Vietnamese descent living permanently overseas." Therefore, based on the information you provided, we understand that you are a Vietnamese citizen residing abroad, who may still hold Vietnamese nationality (Vietnamese citizen) or may no longer hold Vietnamese nationality but have “Vietnamese roots.”
The conditions for participating in housing transactions for Vietnamese residing abroad are as follows:
You must belong to the group allowed to own property in Vietnam as stipulated by the 2023 Housing Law.
It is not mandatory to have residency registration at the location of the property being transacted.
You must comply with the provisions of the Land Law.
According to Clause 1, Article 8 of the 2023 Housing Law: “1. The subjects eligible to own housing in Vietnam include: a) Domestic organizations and individuals; b) Vietnamese residing abroad as stipulated by nationality law; c) Foreign organizations and individuals as provided in Clause 1, Article 17 of this Law.” Thus, you belong to the group eligible to own property in Vietnam.
To own property in Vietnam, you must be permitted to enter Vietnam and acquire ownership of housing linked to land use rights as stipulated by land law (Point b, Clause 2, Article 8 of the 2023 Housing Law).
According to Point h, Clause 1, Article 28 of the 2024 Land Law, Vietnamese residing abroad are allowed to purchase, lease, or lease-purchase housing linked to land use rights, acquire land use rights in housing development projects; inherit land use rights and other types of land within the same land parcel as the housing in accordance with civil law; and receive gifts of housing linked to land use rights from legal heirs as provided by civil law.
Thus, Vietnamese citizens residing abroad can still own housing in Vietnam through purchasing, leasing, inheriting, or receiving gifts of housing linked to land use rights and acquiring land use rights in housing development projects.
Documentation proving eligibility and conditions for owning housing in Vietnam:
You must have a foreign passport or other valid international travel documents as per immigration law and documentation confirming your status as a person of Vietnamese descent according to nationality law.
Documents proving the conditions for owning housing: you must have a valid passport stamped upon entry to Vietnam at the time of establishing ownership of the housing (as per Clauses 2 and 3, Article 3 of Decree 95/2024/ND-CP guiding the Housing Law).
