Foreign individuals with a certificate of People of Vietnamese decent are only entitled to select an applicable subject being Vietnamese residing overseas or foreign individuals to determine house ownership.

Ms. Dang Hoai My Trinh is a foreigner of People of Vietnamese Decent (with a birth certificate in Vietnam). Now, she wants to own an apartment in Vietnam by acquiring that apartment from a real estate business (which is the enterprise transferring a lot of apartments from the investor) by signing. transferring documents (apartment purchase agreement with this company).

However, when the real estate enterprise transfers the transfered document and Ms. Trinh's dossier to the investor for confirmation, the investor refuses to confirm with the reason that legal about People of Vietnamese Decent who ownedapartment in Vietnam is unclear, it is only allowed to buy and not allowed to transfer the apartment back from the business.

Ms. Trinh would like to request for an answer that in case she already has a birth certificate in Vietnam, doesshe need to apply for a certificate of People of Vietnamese Decent? Because the investor did not accept the application when she only provided the Birth Certificate in Vietnam, but required her to follow the procedures to get a certificate of People of Vietnamese Decent tohave sufficient base to prove that Ms. Trinh is a People of Vietnamese Decent.

Is the investor's refusal to confirm the transfer document for the above reasons true or false? Can you buy an apartment from this company with a transfered document?

Currently, is there any difficulty in granting house ownership certificates to People of Vietnamese Decent? If she receive a flat transfered from a real estate business like that, will she granted a house ownership certificate? Is the ownership period permanent?

The Ministry of Construction answers this issue as follows:

Article 7 of the Housing Law 2014specifies subjects eligible to own houses in Vietnam, including Vietnamese residing abroad, foreign organizations and individuals. in Clause 1, Article 159 of the Housing Law).

According to Clause 3, Article 5 of Decree 99/2015 / ND-CP dated October 20, 2015 of the Government detailing the implementation of a number of articles of the Housing Law, in case a foreign individual has an original certification of People of Vietnamese Decent only entitled to choose an object that is applicable to Vietnamese residing abroad or foreign individuals to determine housing ownership.

Documents proving the object of the houseownership of Vietnamese residing abroad are prescribed in Clause 2, Article 5 of Decree 99/2015 / ND-CP.

The rights of houseowners who are Vietnamese residing overseas are prescribed in Article 10 of the Law on Housing 2014. The rights of house ownership being foreign organizations and individuals are specified in Article 161 of the Housing Law in 2014.

The Ministry of Construction recommends Ms. Dang Hoai My Trinh to compare her specific case with the provisions of the above law and the provisions of relevant laws to implement.

The grant of certificates of land use rights, ownership of houses and other land-attached assets to organizations and individuals, including foreign organizations and individuals, and Vietnamese residing overseas comply with the provisions of the Land Law and its implementing documents. In the course of implementation, if there are any problems related to the granting of a certificate, please contact the Ministry of Natural Resources and Environment for guidance and settlement according to its competence.