Can foreigners buy houses in Vietnam?

According to Clause 3, Article 7 of the 2014 Housing Law, the following entities are allowed to own houses in Vietnam:

1. Organizations, households, and individuals in the country.
2. Overseas Vietnamese.
3. Foreign organizations and individuals as stipulated in Clause 1, Article 159 of the 2014 Housing Law.

Clause 1, Point c, and Clause 2, Point b of Article 159 of the 2014 Housing Law stipulate:

1. The following foreign organizations and individuals are allowed to own houses in Vietnam: a) Foreign organizations and individuals investing in housing construction projects in Vietnam as per the provisions of this Law and relevant legal provisions; b) Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds, and foreign bank branches operating in Vietnam (collectively referred to as foreign organizations); c) Foreign individuals permitted to enter Vietnam.

2. Foreign organizations and individuals can own houses in Vietnam through the following forms: a) Investing in housing construction projects in Vietnam; b) Purchasing, leasing, receiving as gifts, or inheriting commercial housing, including apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security as regulated by the Government.

Thus, foreigners are allowed to buy apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security.

Conditions for foreigners to buy houses in Vietnam

According to Clause 3, Article 160 of the 2014 Housing Law:

1. For foreign organizations and individuals specified in Point a, Clause 1, Article 159 of this Law, an Investment Certificate and housing built in the project as per this Law and relevant legal provisions are required.
2. For foreign organizations specified in Point b, Clause 1, Article 159 of this Law, an Investment Certificate or relevant documents permitting their operation in Vietnam (collectively referred to as the Investment Certificate) issued by competent Vietnamese authorities are required.
3. For foreign individuals specified in Point c, Clause 1, Article 159 of this Law, they must be permitted to enter Vietnam and not be entitled to diplomatic or consular immunities and privileges as per legal provisions.
4. The Government will detail the documents proving the eligibility and conditions for foreign organizations and individuals to own houses in Vietnam.

Article 74 of Decree 99/2015/ND-CP stipulates:

1. For foreign individuals, a valid passport with an entry verification stamp from the Vietnamese immigration authority and not entitled to diplomatic or consular immunities as per the Ordinance on Privileges and Immunities for diplomatic missions, consular offices, and representative offices of international organizations in Vietnam are required.
2. For foreign organizations, they must belong to the entities specified in Article 159 of the Housing Law and have an Investment Registration Certificate or documents issued by competent Vietnamese authorities permitting their operation in Vietnam, which are valid at the time of signing housing transactions.

Thus, foreigners buying houses in Vietnam must meet the following conditions:

• Must be permitted to enter Vietnam.
• Not entitled to diplomatic or consular immunities and privileges as per regulations.
• Must have a valid passport with an entry verification stamp from the Vietnamese immigration authority.

Responsibility for Publicly Announcing the Number of Houses Bought by Foreigners

Point c, Clause 1, Article 76 of Decree 99/2015/ND-CP stipulates:

The Department of Construction is responsible for publicly announcing on its electronic portal the following:

• The number of houses bought, leased, or issued Certificates to foreign organizations and individuals in each housing construction investment project.

Therefore, the Department of Construction is responsible for publicly announcing the number of houses bought by foreigners in each housing construction investment project.