Question: An overseas Vietnamese couple who live in Germany with Vietnamese nationalities and passports. They want to buy land in Viet Nam. Whether do they own a house ownership certificate in Viet Nam?

Answer:

Article 186 of the Land Law stipulates rights and obligations involving land use of overseas Vietnamese who are eligible to own houses in Viet Nam; foreign individuals or overseas Vietnamese who are ineligible to buy houses associated with land use rights in Viet Nam.

1. Overseas Vietnamese who are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use rights in Viet Nam.

2. Overseas Vietnamese who are entitled to own houses associated with residential land use rights in Viet Nam have the following rights and obligations:

a) The general rights and obligations prescribed in Article 166 and Article 170 of this Law;

b) To transfer land use rights when selling, donating, bequeathing, exchanging houses with domestic organizations or individuals, overseas Vietnamese who are eligible to own houses for their own living; to donate houses associated with residential land use rights to the State, communities or donate houses of gratitude as prescribed at Point c, Clause 2, Article 174 of this Law. In case of donating or bequeathing to people who are ineligible to own houses in Viet Nam, such people may only to receive the value of houses associated with residential land use rights;

c) To mortgage houses associated with residential land use rights at credit institutions which are licensed to operate in Viet Nam;

d) To lease, and authorize the management of, houses when they do not use.

3. If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Viet Nam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions:

a) In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights;

b) In case of donating land use rights, the people to receive land use rights must be the subjects specified at Point e, Clause 1, Article 179 of this Law and be eligible under the housing law, in which the heir may act as the donor in the contract or written document on donation commitment;

c) In case of not making the transfer or donation of land use rights, the heir or his/her representative with a lawful document on authorization, shall submit a dossier on the inheritance to the land registration agency in order to update on the cadastral book.

4. In case there is an overseas Vietnamese who is ineligible to buy a house associated with residential land use rights in Viet Nam among the heirs while others are eligible to inherit land use rights in accordance with the land law and the inherited land use rights have not been divided, the heirs or their representatives with lawful documents on authorization, shall submit dossiers on the inheritance to the land registration agency in order to update on the cadastral book.

Once division of the inheritance parts is made, the certificates of land use rights and ownership of houses and other land-attached assets are granted to those who are eligible for being granted such certificate; regarding the overseas Vietnamese who is not eligible to buy houses associated with residential land use rights in Viet Nam, his/her inherited part shall be dealt with in accordance with Clause 3 of this Article.

5. In the cases specified at Point c, Clause 3, and in Clause 4 of this Article, the heirs may authorize in writing other persons to take care or use land temporarily and perform the obligations in accordance with the land law and other relevant laws./.