Decree No. 81/2001/ND-CP on Overseas Vietnamese purchasing residential houses in Vietnam

DECREE

Regarding Vietnamese citizens residing abroad purchasing housing in Vietnam

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

||| Based on the Civil Code dated October 28, 1995;

Pursuant to the Law amending certain provisions of the Land Law on June 29, 2001;

At the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the subjects, conditions, procedures for purchasing housing attached with residential land use rights; management and use of housing and residential land; rights and obligations of the owner of housing who is a Vietnamese citizen residing abroad after purchasing housing in accordance with this Decree.

Article 2. Vietnamese citizens residing abroad

Vietnamese citizens residing abroad referred to in this Decree are Vietnamese citizens and overseas Vietnamese residing, doing business, and living permanently abroad as defined in the Law on Vietnamese Citizenship on January 1, 1999.

Article 3. Subjects eligible to purchase housing

1. Vietnamese citizens residing abroad belonging to one of the following categories and meeting the conditions specified in Article 6 of this Decree shall be eligible to purchase housing attached with residential land use rights in Vietnam:

a) Individuals investing long-term in Vietnam;

b) Individuals who have made contributions to the country;

c) Cultural figures and scientists requiring regular activities in Vietnam;

d) Individuals requiring stable residence in Vietnam.

2. The subjects eligible to purchase housing as stipulated in Clause 1 of this Article may only own one house for residence (apartment, house, villa).

Article 4. Ownership rights to housing and land use rights

After completing the procedures for purchasing housing, Vietnamese citizens residing abroad eligible to purchase housing attached with residential land use rights in Vietnam under this Decree shall be issued a Certificate of Ownership of Housing and Residential Land Use Rights.

Chapter II

CONDITIONS AND HOUSING PURCHASE CONTRACTS

Article 5. Specific provisions regarding subjects eligible to purchase housing

The subjects eligible to purchase housing as specified in Article 3 of this Decree are detailed as follows:

1. Individuals investing long-term in Vietnam are those directly engaged in investment activities in accordance with the Law on Foreign Investment in Vietnam or the Law on Encouraging Domestic Investment, holding an Investment License or a Business Registration Certificate issued by competent state authorities.

2. Individuals who have made contributions to the country include:

a) Individuals entitled to preferential treatment as prescribed in the Ordinance on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, War Veterans, Persons Engaged in Anti-War Resistance, and Persons Who Have Contributed to Supporting the Revolution, promulgated on August 29, 1994;

b) Individuals recognized for their achievements in the national liberation cause and national construction, awarded Orders and Medals by the President of the State, the Government; Commendation Certificates by the Prime Minister; Medals for the Cause of the Sector by the Chairman of the Central Steering Committee of the Vietnam Fatherland Front or the Minister, Head of a Central Management Agency; and confirmed by the relevant organizations;

c) Individuals serving in the Executive Committees of Vietnamese political-social organizations at provincial level or higher, confirmed by these organizations; individuals elected to the Executive Committee of the Central Association, individuals playing key roles in associations and movements of overseas Vietnamese related to domestic affairs through the Committee for Overseas Vietnamese Affairs, and individuals making positive contributions and assistance to Vietnamese representative offices or foreign relations activities abroad, confirmed by Vietnamese representative offices abroad.

3. Cultural figures, scientists, and experts regularly working in Vietnam include:

a) Cultural figures and scientists conferred academic titles in science, education, culture, and arts by Vietnam or foreign countries;

b) Experts in economic and social fields.

The subjects mentioned in points a and b of this clause must be invited to Vietnam as experts or scientific, educational, cultural, and artistic collaborators by Party and State leaders or Ministers, Heads of Ministries equivalent to Ministries, or Chairmen of Provincial People's Councils, with confirmation from the inviting agencies;

4. Vietnamese citizens residing abroad who submit applications for stable residence in Vietnam and are approved by the competent authority of Vietnamese diplomatic missions abroad.

Article 6. Conditions for purchasing housing in Vietnam

Overseas Vietnamese citizens falling under the category defined in Article 5 of this Decree must be permanent or temporary residents in Vietnam and possess the following documents:

1. A valid Vietnamese passport or a foreign passport and other legitimate documents issued abroad. In cases where foreign passports or other legitimate documents issued abroad are used, they must also have a Certificate of Vietnamese Citizenship, a Certificate of Loss of Vietnamese Citizenship, or a Certificate of Citizen Registration.

2. Documents confirmed by competent state agencies to belong to the categories specified in Article 5 of this Decree.

Article 7. Housing Purchase Contract

The housing purchase contract shall be established in writing with certification from a notary public or confirmation from a competent state agency;

The price of the housing purchase is agreed upon by the parties and recorded in the contract.

Chapter III

RIGHTS AND OBLIGATIONS OF VIETNAMESE RESIDENTS ABROAD FOR HOUSING PURCHASED IN VIETNAM

PERMANENTLY SETTLING ABROAD

Article 8. Issuance of Ownership Certificate for Housing and Land Use Right

After completing the procedures for purchasing housing, overseas Vietnamese citizens will be granted the Ownership Certificate for Housing and Land Use Right by the People's Committee of the district, town, city, or provincial city (hereinafter referred to collectively as the District People's Committee). The person requesting the issuance of the certificate must submit the following documents to the issuing authority:

1. Application for the issuance of the Ownership Certificate for Housing and Land Use Right.

2. Housing purchase contract certified by a notary public or confirmed by a competent state agency.

3. Receipts for tax and fees.

4. Certified copies by a notary public or confirmed by a competent state agency of the documents stipulated in Article 5 of this Decree. For documents not included in the list of notarized or confirmed documents, submit photocopies but bring the original documents for verification by the issuing authority.

Article 9. Responsibilities for filing applications and time limit for issuing the Ownership Certificate for Housing and Land Use Right

1. Overseas Vietnamese citizens eligible to purchase housing according to this Decree may themselves handle the procedures or may agree with the seller or a legally authorized representative to handle the procedures to obtain the Ownership Certificate for Housing and Land Use Right. Any authorization must be in writing.

2. The Ownership Certificate for Housing and Land Use Right issued to overseas Vietnamese citizens after purchasing housing according to this Decree shall follow the model for Vietnamese citizens.

3. The issuance of the Ownership Certificate shall not exceed sixty days from the date when the applicant submits a complete and valid application as stipulated in Article 8 of this Decree to the District People's Committee.

Article 10. Rights of overseas Vietnamese citizens for housing purchased in Vietnam

After purchasing housing and obtaining the Ownership Certificate for Housing and Land Use Right according to the law, overseas Vietnamese citizens shall enjoy the following rights:

1. To use it for themselves and their family members.

2. To sell or give it to organizations or individuals within the country or overseas Vietnamese citizens eligible to purchase housing as stipulated in Article 5 of this Decree.

3. To mortgage it according to Vietnamese law.

4. To inherit it according to the following provisions:

a) For organizations, individuals within the country, or overseas Vietnamese citizens eligible to purchase housing as stipulated in Article 5 of this Decree, inheritance shall be handled according to the Civil Code.

b) For foreigners or overseas Vietnamese citizens not eligible under Article 5 of this Decree, if they accept inheritance, they can only enjoy the value of the inherited portion.

Article 11. Obligations of overseas Vietnamese citizens owning housing in Vietnam

After purchasing housing and obtaining the Ownership Certificate for Housing and Land Use Right according to this Decree, overseas Vietnamese citizens shall have the following obligations:

1. To comply with the provisions of this Decree.

2. To declare and register housing and land use according to Vietnamese law.

3. To comply with regulations on managing and using housing and land, repairing and renovating housing, and selling housing as stipulated by Vietnamese law.

4. To fully comply with regulations on residence management, urban order management, financial obligations, taxes, and other related regulations as stipulated by Vietnamese law.

5. Overseas Vietnamese citizens who have purchased housing according to this Decree may authorize organizations, individuals within the country, or those eligible under Article 5 of this Decree to manage the housing. Such authorization must be in writing and certified by a notary public or confirmed by a competent state agency.

Chapter IV

HANDLING VIOLATIONS

Article 12. Violation of housing purchase regulations

If overseas Vietnamese citizens eligible to purchase housing for residence according to Article 5 of this Decree purchase housing in violation of this Decree, they will not be granted the Ownership Certificate for Housing and Land Use Right, will not enjoy the rights of housing owners, and cannot reside permanently or temporarily at that housing.

Article 13. Violation of housing sale regulations

The seller must sell housing to overseas Vietnamese citizens in accordance with the categories and conditions stipulated in Articles 5 and 6 of this Decree. If the seller sells housing in violation of this Decree, leading to the buyer not being granted the Ownership Certificate for Housing and Land Use Right, the seller has the obligation to refund all received costs to the buyer. If the seller does not refund the received costs due to selling in violation of this Decree, the buyer has the right to request the court to handle the matter according to the law.

Article 14. Violation of housing and land use regulations

Overseas Vietnamese who settle abroad shall be recognized their right to own housing and right to use residential land in Vietnam if they fail to fulfill the obligations stipulated in Article 11 of this Decree and the regulations on housing use and residential land use under Vietnamese law, or if they take advantage of housing sales for profit purposes, depending on the extent of violation, will be dealt with according to Vietnamese law.

Article 15. Violations in housing management

Those who abuse their positions or powers to violate the provisions on issuing Certificates of Ownership of Housing and Right to Use Residential Land and housing management as prescribed in this Decree and other Vietnamese laws on housing management shall be dealt with according to the law based on the degree of violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Construction shall be responsible for prescribing model contracts for the sale of housing and application forms for Certificates of Ownership of Housing and Right to Use Residential Land applicable to overseas Vietnamese; it shall be responsible for guiding, inspecting, and resolving difficulties and obstacles encountered by provincial and centrally-run city People's Committees when implementing this Decree; it shall compile and recommend solutions to the Prime Minister for issues exceeding its authority.

2. Relevant ministries and sectors shall be responsible for guiding and inspecting the implementation of this Decree based on their functions, tasks, and authorities.

Article 17. Responsibilities of the People's Committee

Provincial and centrally-run city People's Committees shall be responsible for:

1. Directing the implementation of housing sales and issuance of Certificates of Ownership of Housing and Right to Use Residential Land to buyers in accordance with this Decree.

2. Reporting on the implementation situation and issues arising beyond their authority during the implementation of this Decree to the Ministry of Construction for compilation and submission to the Prime Minister for consideration and resolution.

Article 18. This Decree shall take effect fifteen days from the date of signature.

Article 19. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.