Vietnam’s real estate market has become increasingly attractive to foreign investors in recent years. With its rapidly growing economy and strategic location in Southeast Asia, the country offers promising opportunities for those looking to diversify their property portfolios. However, navigating the regulatory landscape can be challenging for foreigners. This comprehensive guide will walk you through the essential regulations you need to know when investing in Vietnamese real estate. To learn more about the foreign investment attraction in Vietnam’s industrial real estate sector, please refer to the detailed article through the link: Vietnam’s Industrial Real Estate Attracts Foreign Investment

1. Current Legal Framework for Foreign Property Ownership

The cornerstone of Vietnam’s foreign property ownership regulations now lies in two updated laws: the Housing Law 2023 and the Real Estate Business Law 2023, both of which replaced their 2014 predecessors. These new laws represent a continued commitment to fostering an open and competitive real estate market for foreign investors.

These legislative updates have further strengthened Vietnam’s position as an attractive destination for foreign property investment, driving growth in the real estate sector and boosting investor confidence. Please visit the Official Vietnamese Government Real Estate Regulations Website.

2. Types of Properties Foreigners Can Purchase

While the new regulations have expanded opportunities for foreign investors, it’s important to understand the specific types of properties available for purchase:

• Apartments and individual houses: Foreigners can purchase apartments in buildings with long-term land use rights (Article 17.2 Housing Law 2023 and Article 19.1 Housing Law)
• Houses on Leased Land: While foreigners cannot own land directly, they can acquire properties attached to the land through long-term lease agreements (Article 17.1 Housing Law 2023)
• Industrial Real Estate: Foreigners are allowed to invest in commercial properties such as warehouses and factories via land lease agreements. Ownership of the structures on the leased land can be transferred. The government also offers various incentives to attract foreign investment in industrial zones. (Article 4 of the Land Law)

3. Ownership Duration and Renewal Process

One of the key aspects of Vietnam’s foreign property ownership regulations is the duration of ownership rights, Article 20.2 of the Housing Law:

• Foreign individuals can own residential properties by purchasing, lease-purchasing, receiving gifts, or inheriting them. They must ensure the ownership duration of 50 years, is stated in the Certificate of Ownership. Upon request, they can renew this period once for an additional term of up to 50 years.
• Foreign organizations can own residential properties under agreements in transactions such as purchase, lease-purchase, gifting, or inheritance. The ownership duration is limited to the term specified in their investment certificate, including any extensions. The duration is calculated from the date the Certificate of Ownership is issued and must be explicitly recorded in the Certificate.

4. Investment Process and Requirements

Investing in Vietnamese real estate as a foreigner involves several key steps and requirements:

• Obtaining necessary permits and licenses: The process involves applying for an Investment Registration Certificate for the investment project and obtaining a Business Registration Certificate for the enterprise. For insights on land, housing, and real estate issues when investing and doing business in Vietnam, please visit the Current Issue on Land, Housing, and Real Estate.
• Corporate income tax based on Clause 1, Article 2 of the Law on Corporate Income Tax and value-added tax based on Article 3 of the Law on Value Added Tax
• Foreign organizations and individuals specified in Points b and c Article 17.1 Housing Law may purchase, lease-purchase, receive as gifts, inherit, or own no more than 30% of the apartments in a condominium building. For detached houses, including villas and townhouses, they may own up to 250 houses within a population area equivalent to an award.

5. Restrictions and Limitations

While Vietnam has opened up its real estate market to foreigners, some restrictions remain in place (Article 19 of the Housing Law):

• Quota system in certain areas: Some regions may have limits on the number of properties that can be foreign-owned.
• National security considerations: Properties in areas deemed sensitive for national security reasons may be off-limits to foreign buyers.

6. Recent Changes and Future Outlook

Vietnam’s real estate regulations for foreigners continue to evolve:

• Recent updates have further clarified the rights and responsibilities of foreign property owners.
• There’s potential for future changes that could further liberalize the market, making it even more attractive to international investors.

Conclusion

Investing in Vietnamese real estate as a foreigner offers exciting opportunities, but it requires careful navigation of the regulatory landscape. Understanding the types of properties available, ownership duration, investment process, and potential restrictions is crucial for success in this market.

Due diligence is crucial in international property investments. It’s wise to consult legal experts and real estate professionals familiar with Vietnam’s regulations. With proper guidance, investors can unlock Vietnam’s real estate potential.

Stay updated on regulatory changes, as Vietnam’s foreign property policies may evolve. Being informed helps you make sound decisions and maximize your investment in this dynamic market.

Harley Miller Law Firm “HMLF”

Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.

Phone: +84 937215585

Website: hmlf.vn

Email: miller@hmlf.vn