(Chinhphu.vn) - Her husband Ngoc Uyen (in Ho Chi Minh City) is a foreigner. She and her husband are married in Vietnam. Currently, she and her husband want to buy individual houses and land that are not in construction projects.

Ms. Uyen would like to ask, do they have ownership rights to their individual houses? Does her husband named in the same certificate of house and land ownership?

Lawyer Tran Van Toan, the Khanh Hung Lawyer’s Office – the Hanoi Bar Association respond to the question of Ms. Uyen asked as follows:

According to the provisions of Point b, Clause 2, Article 159 of the  Housing Law 2014, foreign organizations and individuals may own houses in Vietnam through the following forms: Buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

Clause 1, Article 75 of Decree No. 99/2015 / ND-CP dated October 20, 2015 of the Government, Foreign entities may only own houses (including apartments and detached houses) of commercial housing construction projects, except for those in areas having national defense and security requirements prescribed by Vietnam’s regulations of law

According to Article 33 of the Law on Marriage and Family 2014, Common property of husband and wife includes assets created by spouses, income from labor, production and business activities, yields and profits arising from private property and other lawful incomes in the period marriage; The land use right that husband and wife get after marriage is the common property of husband and wife, except where the husband or wife is allowed to inherit it separately, be given separately or obtained through private property trading.

In the case of Mrs. Ngoc Uyen, she marries with a foreigner who has a foreign nationality, her husband and her use money as a common property during the marriage period to buy houses in Vietnam, along with the conditions for Vietnamese people. buying houses in Vietnam, it must comply with conditions for foreigners to buy and own houses in Vietnam.

Accordingly, Ms Uyen and her husband will only be allowed to own houses as condominiums or individual houses in investment projects on construction of commercial houses.

 Because Ms. Ngoc Uyen's husband is a foreigner who has not been allowed by Vietnamese law to buy a separate house other than a project to build a commercial house, she and her husband are not eligible to have a common name on the Certificate. land use rights, ownership of houses and other assets attached to land.

Ms. Uyen can use her own property (as stipulated in Article 43 of the Marriage and Family Law), which includes assets before marriage, from inherited property, which are given separately during the marriage period. buying individual houses in addition to investment projects to build commercial houses; named by the wife on the certificate of land use rights, ownership of houses and other assets attached to the land; implementing this house ownership as the residence of her husband and wife.

   Lawyer Tran Van Toan

The Khanh Hung Law’s Office, the Hanoi Bar Association