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Proposal to allow foreign individuals to hold land-use rights in Vietnam

The proposal seeks to give foreign homeowners in Vietnam independent land-use rights for eligible properties.

THE HANOI TIMES — The Ho Chi Minh City Real Estate Association (HoREA) has proposed recognizing foreign individuals with legal entry into Vietnam as “land users” under the amended 2024 Land Law.

Buyers researching an apartment project in Hanoi. Photo: Tuan Anh/ The Hanoi Times

HoREA noted that the 2023 Housing Law already allows such individuals to buy, lease-purchase, receive as gifts, or inherit apartments and detached houses in commercial housing projects outside national defense and security zones, with a maximum ownership term of 50 years.

However, the 2024 Land Law does not recognize them as “land users,” leading to inconsistencies and preventing them from being granted independent land use right certificates.

The association proposes that legally entering foreign individuals be allowed to receive residential land use rights in housing projects, as well as inherit or be gifted houses attached to land, similar to overseas Vietnamese.

Currently, foreigners in Hanoi can own residential property in five housing projects and 17 in Ho Chi Minh City.

HoREA stressed that this provision would not affect national security or defense, as transactions would be limited to announced projects outside sensitive areas.

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