Công văn 1674/BXD-QLN

Respectfully to: People’s Committees of provinces and central-affiliated cities

On June 18, 2009, the National Assembly promulgated the Law No. 34/2009/QH12 on amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law, prescribing the ownership of housing in Vietnam of the Vietnamese residing in foreign countries. In order to guide implementation of this Law, on June 23, 2010, the Government promulgated the Decree No. 71/2010/ND-CP detailing and guiding implementation of the Housing Law and the Ministry of Construction also promulgated the Circular No. 16/2010/TT-BXD dated September 01, 2010, on guiding implementation of the Decree No. 71/2010/ND-CP in which there are specific guides on the ownership of houses in Vietnam of the Vietnamese residing in foreign countries.

In the past time, almost localities have carried out the good implementation of policies and law on ownership of houses in Vietnam of the Vietnamese residing in foreign countries, facilitate for purchase and doing procedures for grant of certificate of land use right, ownership of other assets attached to land for overseas Vietnamese. However, through the recent Conference on summing up implementation of the Housing Law and at the proposal of the Ministry of Foreign Affairs, as well as reflects of many overseas Vietnamese when come back to Vietnam for purchase of house, it is considered that in some localities, when perform procedures for notarization and grant of certificate of land use right and ownership of houses and other assets attached to land for overseas Vietnamese, because there are still the understanding and implementation not unified and improper with provisions on the Law No. 34/2009/QH12, Decree No. 71/2010/ND-CP and Circular No. 16/2010/TT-BXD agencies have cause many difficulties for the oversea Vietnamese when come back to Vietnam for purchase and owning of houses.

In order to carry out the exact implementation of provisions of National Assembly and Government, about purchase and owning of houses in Vietnam for the Vietnamese residing in foreign countries, aim to facilitate for overseas Vietnamese, the Ministry of Construction suggests People’s Committees of provinces and central-affiliated cities to direct the local functional agencies such as: Departments of Justice, Departments of Natural Resources and Environment, Departments of Construction, Public Security Offices in guiding the specialized organizations when do procedures for notarization, authentication, grant of certificate of land use right and ownership of houses and other assets attached to land for Vietnamese residing in foreign countries to purchase and possess houses in Vietnam to have to perform in accordance with provisions of law. Specifying as follows:

1. Procedures for notarization, authentication of housing transactions in Vietnam of Vietnamese residing in foreign countries

When perform notarization or authentication about housing transactions in Vietnam of Vietnamese residing in foreign countries, it is not required to have permanent residence books and ID card, only required to have passport of Vietnam or passport of foreign country enclosed with certificate of having Vietnam nationality or certificate of Vietnamese origin and documentary evidence of belonging to subjects entitled to possess houses in Vietnam in accordance with Article 66 and Article 67 of the Decree No. 71/2010/ND-CP;

2. Defining the residing condition to do procedures for grant of certificate of houses in Vietnam for Vietnamese residing in foreign countries.

When do procedures for notarization or authentication of contracts and when grant certificate of houses, it is not required the Vietnamese residing in foreign countries to meet conditions of actually residing in Vietnam for 3 months or more, only required to have papers of competent agencies of Vietnam that allow the Vietnamese residing in foreign countries to reside in Vietnam for 3 months or more which is eligible for purchasing and possessing houses in accordance with Clause 1 Article 19 of the Circular No. 16/2010/TT-BXD of the Ministry of Construction.

To unify in implementation of provision on the residing condition in which 3 months is construed as 90 days (as prescribed in Article 151 of the Civil Code) upon the exit and entry agencies stamped and recorded in passport when the Vietnamese residing in foreign countries entry in Vietnam;

3. Zones in which the Vietnamese residing in foreign countries are entitled to purchase and possess houses in Vietnam.

As prescribed in Article 66 of the Decree No. 71/2010/ND-CP the Vietnamese residing in foreign countries are entitled to purchase, receive donation, receive inheritance, change houses attached to residential land use right (regardless in projects on housing development or in the existing residential areas); entitled to receive transfer of residential land use right in projects on housing development of enterprises doing real estate business in zones allowed dividing plot, selling base to self-build houses. So that, suggest localities to guide the Vietnamese residing in foreign countries to perform the right of possessing houses and receiving transfer of residential land use right in accordance with Government’s Decree No. 71/2010/ND-CP.

The Ministry of Construction suggests People’s Committees of provinces and central-affiliated cities to pay attention to, direct the local specialized agencies in complying with provisions of law on housing and residential land for the Vietnamese residing in foreign countries, with the aim to ensure rights and benefits of overseas Vietnamese when come back to Vietnam to purchase and possess houses.