Vietnam clarifies housing rights for citizens living abroad
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Vietnam’s draft Housing Law defines the housing and land-use rights of overseas Vietnamese citizens, distinguishing them from foreign individuals and organizations.
The new law clarifies that people of Vietnamese origin who are permitted to enter the country can own homes with associated residential land-use rights, but do not own the land itself. This distinction upholds Vietnam’s constitutional principle that land belongs to the people and is managed by the state, preventing privatization.
The draft law also addresses the status of Vietnamese citizens who also hold foreign nationality, stating they will be treated as Vietnamese citizens when purchasing property if they use their Vietnamese citizenship for the transaction. This provision aims to remove ambiguity in determining eligibility for housing rights. Land-use rights are legally recognized as a protected asset, separate from actual land ownership, a point reinforced by Resolution 21-NQ/TW.
Currently, Vietnamese law does not allow foreigners to receive land-use rights transfers, with an exception for people of Vietnamese origin residing overseas, as permitted by law. Finalizing the amended Housing Law focuses on clearly defining who qualifies for these rights, the scope of those rights, and the conditions for exercising them, including establishing clear documentation requirements. The fundamental principle remains that owning a home is different from owning the land it stands on.
