Can foreigners purchase a home before arriving in Vietnam?
Pursuant to Clause 1, Article 3 of the Law on Vietnamese Nationality 2008: Article 3. Interpretation of terms In this Law, the terms below are construed as follows: “Foreign nationality” is the nationality of a country other than the Vietnamese nationality. And Article 159 of the Law on Housing 2014,f oreign entities eligible for the homeownership in Vietnam and forms of the homeownership in Vietnam relating to foreign entities as follows: Foreign entities eligible for the homeownership in Vietnam include: a) Foreign entities who invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; b) Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign-invested funds and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organization); c) Foreign individuals who are allowed to enter Vietnam. The foreign entities eligible for the homeownership in Vietnam if they: a) Invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; b) Buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government. Pursuant to Article 160 of the Law on Housing 2014, requirements pertaining to foreign entities eligible for the homeownership in Vietnam as follows: The foreign entity prescribed in Point a Clause 1 Article 159 of this Law is required to have an Investment certificate and have houses which are built under a project as prescribed in this Law and corresponding regulations of law. The foreign entity prescribed in Point b Clause 1 Article 159 of this Law is required to have an Investment certificate or a Permission to run business in Vietnam (hereinafter referred to as Certificate of investment) issued by the competent agency in Vietnam. The foreign entity prescribed in Point c Clause 1 Article 159 of this Law is required to have a permission to enter Vietnam and he/she is not granted diplomatic immunity and privileges as prescribed. The Government provides guidance on documentary evidence for entities or requirements pertaining to foreign entities qualifying for the homeownership in Vietnam. Pursuant to Article 74 of Decree 99/2015/ND-CP stipulating documents proving eligibility for owning houses in Vietnam. A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam. A foreign organization must be an entity specified in Article 159 of the Law on Housing which has investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate). Accordingly, if your friend with Chinese nationality wants to buy a house in Vietnam, he must meet 02 conditions:Foreign individuals who are allowed to enter Vietnam and he is not granted diplomatic immunity and privileges as prescribed. However, because your Chinese friend has not yet entered Vietnam, he will be unable to purchase a home in Vietnam.In this case, you must inform your friend that he must first enter Vietnam before purchasing a home.