This Law amends and supplements the ownership rights of housing and the right to use residential land for overseas Vietnamese. Those with citizenship or directly investing in Vietnam who are permitted to reside for three months or more have the right to own housing for themselves and their families to live in. Overseas Vietnamese not falling under this category but permitted to reside for three months or more also have the right to own a single house or apartment. The owner of housing also has the rights to transfer, mortgage, compensation when the State recovers land, and lease or authorize management of housing during non-use periods.
적용 범위
Overseas Vietnamese falling within the categories specified in this Law.
핵심 사항
- Overseas Vietnamese with citizenship or directly investing in Vietnam who are permitted to reside for three months or more have the right to own housing for themselves and their families to live in.
- Overseas Vietnamese not falling within the specified categories but permitted to reside for three months or more also have the right to own a single house or apartment.
- The owner of housing has the rights to transfer, mortgage, compensation when the State recovers land, and lease or authorize management of housing during non-use periods.
- This Law provides detailed regulations on the rights and obligations of the owner of housing attached to the right to use residential land.
- When giving or bequeathing housing to an object not eligible to own housing in Vietnam, they only enjoy the value of the housing, not the full right to use the land.
🌐 이 문서의 사회적 영향
- Positive impact: Settlers have additional opportunities to own housing for living in Vietnam.
- Negative impact: It may create inequality between settlers and locals in accessing the right to own housing.
❓ 자주 묻는 질문
Who is permitted to own housing?
Overseas Vietnamese with citizenship or directly investing in Vietnam who are permitted to reside for three months or more have the right to own housing for themselves and their families to live in. Overseas Vietnamese not falling under these categories but permitted to reside for three months or more can also own a single house or apartment.
What rights does the owner of housing have?
The owner of housing has the rights to transfer, mortgage, compensation when the State recovers land, and lease or authorize management of housing during non-use periods.
What happens if someone gives or bequeaths housing to someone not eligible to own housing in Vietnam?
When giving or bequeathing housing to such an object, they only enjoy the value of the housing, not the full right to use the land.
What are the conditions for residence duration to be able to own housing?
Overseas Vietnamese citizens must have been permitted to reside in Vietnam for three months or more to be able to own housing for themselves and their families to live in.
Who is eligible to own housing?
Overseas Vietnamese citizens holding citizenship or falling under the category of direct investment in Vietnam, Vietnamese-origin individuals who have made significant contributions to the country, scientists, cultural figures, individuals with special skills needed by Vietnamese agencies or organizations and currently working in Vietnam, or individuals whose spouse is a Vietnamese citizen residing in the country.
전문
LAW
Amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law
__________________________________
BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;
The National Assembly enacts this Law to amend and supplement Article 126 of the Housing Law No. 56/2005/QH11 and Article 121 of the Land Law No. 13/2003/QH11.
Article 1. Article 126 of the Housing Law shall be amended and supplemented as follows:
"Article 126. Ownership rights of Vietnamese citizens residing abroad to houses in Vietnam
1. Vietnamese citizens residing abroad who fall under the following categories and are permitted by competent authorities of Vietnam to reside in Vietnam for three months or more have the right to own houses for themselves and their family members to live in Vietnam:
a) Persons with Vietnamese citizenship;
b) Vietnamese-origin persons eligible for direct foreign investment in Vietnam according to investment laws; persons who have made contributions to the country; scientists, cultural figures, persons with special skills needed by Vietnamese agencies and organizations and currently working in Vietnam; persons whose spouse is a Vietnamese citizen living in Vietnam.
2. Vietnamese-origin persons not falling under the categories specified in point b, Clause 1 of this Article, if granted visa exemption certificates and permitted by competent Vietnamese authorities to reside in Vietnam for three months or more, have the right to own a single house or apartment in Vietnam for themselves and their family members to live in Vietnam."
Article 2. Article 121 of the Land Law shall be amended and supplemented as follows:
"Article 121. Rights and obligations regarding land use of Vietnamese citizens residing abroad who own houses in Vietnam
1. Vietnamese citizens residing abroad who fall under the categories specified in Article 126 of the Housing Law have the right to own houses attached to residential land use rights in Vietnam.
2. Vietnamese citizens residing abroad who own houses attached to residential land use rights in Vietnam have the following rights and obligations:
a) The rights and obligations stipulated in Articles 105 and 107 of this Law;
b) Transfer land use rights when selling, giving as gifts, leaving as inheritances, exchanging houses with domestic organizations and individuals, Vietnamese citizens residing abroad eligible to own houses in Vietnam for residence; giving as gifts houses attached to residential land use rights to the State, community, charitable housing according to point c, Clause 2 of Article 110 of this Law. In cases where gifts or inheritances are given to persons not eligible to own houses in Vietnam, such persons only enjoy the value of the houses attached to residential land use rights;
c) Mortgage houses attached to residential land use rights at credit institutions licensed to operate in Vietnam;
Article 3
d) Be compensated when the State reclaims land according to Vietnamese laws; d) Lease or authorize management of houses during periods of non-use."
1. This Law shall take effect from September 1, 2009.
2. The Government shall provide detailed regulations and guidance on implementing the provisions assigned in this Law; provide necessary guidance on other aspects of this Law to meet state management requirements.
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