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THE
NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
19/2008/QH12
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Hanoi,
June 3, 2008
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RESOLUTION
ON
PILOT PERMISSION FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS TO PURCHASE AND OWN
RESIDENTIAL HOUSES IN VIETNAM
THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF
VIETNAM
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
After considering the Government's Report No. 52/TTr-CP of April 23, 2008.
requesting the adoption of a resolution on pilot permission for foreigners to
purchase and own residential houses in Vietnam; the National Assembly Economic
Committee's Examination Report No. 240/ UBKT12 of April 29. 2008: and opinions
of National Assembly deputies:
RESOLVES:
Article 1.- Scope of
regulation
1. This Resolution specifies
foreign organizations and individuals eligible to purchase and own residential
houses, and conditions which must be satisfied by them to do so: rights and
obligations of house owners being foreign organizations and individuals;
procedures for purchase and sale of residential houses and grant of residential
house ownership certificates; settlement of disputes and complaints, and
handling of residential house-related law violations involving entities defined
in .Article 2 of this Resolution.
2. Residential houses which
foreign organizations and individuals are allowed to purchase and own under
this Resolution are apartments built under projects on development of
residential houses for commercial purposes and not located in areas in which
residence or travel by foreigners is restricted or banned.
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The following foreign
organizations and individuals are allowed to purchase and own residential
houses in Vietnam:
1. Foreign individuals who make
direct investment in Vietnam under ;he investment law or are hired to work as
managers by enterprises operating in Vietnam under the enterprises law,
including domestic enterprises and foreign-invested enterprises:
2. Foreign individuals who have
made contributions to Vietnam and are conferred orders or medals by the
President of the Socialist Republic of Vietnam: foreign individuals who have
made special contributions to Vietnam as decided by the Prime Minister:
3. Foreign individuals who are
working in socio-economic domains and posses: university or higher
degrees, and specialists in field; which Vietnam has demand for:
4. Foreign individuals who marry
Vietnamese citizens;
5. Foreign-invested enterprises
which are operating in Vietnam under the investment law but not engaged in real
estate business, and wish to purchase residential houses for their employees.
Article 3.- Conditions
which must be satisfied by foreign organizations and individuals to purchase
and own residential houses in Vietnam
1. Foreign individuals defined
in Clauses 1,2, 3 and 4. Article 2 of this Resolution must be residing in
Vietnam, permitted by competent state agencies to reside in Vietnam for at
least one year, and ineligible for diplomatic or consular privileges and
immunities under Vietnamese law.
2. Foreign-invested enterprises
specified in Clause 5, Article 2 of this Resolution must possess investment
certificates or written certifications of investment activities as appropriate
to investment forms specified by the investment lav. (below collectively
referred to as investment certificates) granted by a competent Vietnamese state
agency.
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1. Foreign individuals defined
in Clauses 1,2, 3 and 4. Article 2 of this Resolution may own residential
houses for maximum 50 years from the date of grant of residential house
ownership certificates. This duration is stated in residential house ownership
certificates.
Within twelve months after the
expiration of the duration of owning residential houses in
Vietnam, entities denned in this
Clause shall sell or donate these houses
2. Foreign-invested enterprises
specified in Clause 5. Article 2 of this Resolution may own residential houses
for a duration stated in investment certificates granted to them, including
also extended duration. Such a duration is counted from the date an enterprise
is granted a residential house ownership certificate and is stated in such
certificate.
Upon the expiration of licensed
investment durations or in case of dissolution or bankruptcy of enterprises
specified in this Clause, their residential houses shall be handled in
accordance with the laws on investment and business bankruptcy and other
provisions of Vietnamese law.
Article 5.- Rights of
residential house owners being foreign organizations and individuals
Foreign organizations and
individuals owning residential houses in Vietnam have the following rights:
1. At a time, a foreign
individual defined in Clause 1,2,3 or 4. Article 2 of this Resolution may own
only one apartment in a commercial housing development project. In case he/she
is donated or inherits another residential house, he/she can only choose to own
that apartment while enjoying the value of the donated or inherited residential
house:
2. A foreign-invested enterprise
specified in Clause 5. Article 2 of this Resolution may own one or several
apartments in a commercial housing development project for its employees. In
case it is donated or inherits other residential houses, it can only choose to
own those apartments while enjoying the value of the donated or inherited
residential houses:
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Individuals who own residential
houses but can no longer reside in Vietnam may sell or donate their residential
houses ahead of the time limit specified in this Clause:
4. To bequeath their residential
houses under the Vietnamese law on inheritance. Heirs who are ineligible to own
residential houses in Vietnam may enjoy the value of the inherited residential
houses;
5. To mortgage their residential
houses at credit institutions licensed to operate in Vietnam:
6. To authorize other persons to
manage residential houses under their lawful ownership;
7. To request competent state
agencies to grant, renew or re-grant residential house ownership certificates,
or certify changes occurring after residential house ownership certificates are
granted under this Resolution and the housing law;
8. To maintain and renovate
residential houses, and use spaces of residential houses in line with
construction and architecture planning and in accordance with Vietnamese law;
9. To receive damages for
coerced dismantlement or ground clearance under Vietnamese law;
10. To lodge complaints and
denunciations about acts of violating this Resolution and the housing law.
Article 6.- Obligations
of residential house owners being foreign organizations and individuals
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1. To use residential houses
only for the residential purpose, not to use residential houses for lease, as
working offices or for other purposes:
2. To purchase, sell, donate,
inherit or mortgage residential houses or authorize other persons to manage
residential houses in strict accordance with this Resolution and the housing
law.
3. To fully comply with the
prescribed order and procedures for applying for the grant, renewal or re-grant
of residential house ownership certificates or certification or changes
occurring after residential house ownership certificates are granted under this
Resolution and the housing law:
4. To manage, use. maintain,
renovate or dismantle residential houses under Vietnamese law without harming
or damaging the state and public interests and lawful interests of other
persons:
5. To pay taxes and fees under
Vietnamese law when purchasing, buying, donating, mortgaging or inheriting
residential houses, applying for the grant, renewal or re-grant of residential
house ownership certificates, or certification of changes occurring after
residential house ownership certificates are granted:
6. To abide by competent
Vietnamese state agencies* decisions on handling of violations, settlement of
disputes, complaints or denunciations about residential houses; on ground
clearance, com-pensation. supports, resettlement or dismantlement of
residential houses; or on requisition, compulsory purchase or pre-emption of
residential houses:
7. To perform other obligations
specified by Vietnamese law.
Article 7.- Procedures
for purchase and sale of residential houses
1. The purchase and sale of
residential houses must be conducted under contracts in accordance with the
housing law. Contracts on residential house purchase and sale must be made in
Vietnamese.
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residential house ownership
certificate to the purchaser. For case of purchase of a residential house from
an individual, the responsibility to carry out procedures for applying for a
residential nouse ownership certificate shall be agreed upon by the two
parties. The parties shall pay taxes and fees prescribed by Vietnamese law.
Article 8.- Competence,
order and procedures for granting residential house ownership certificates
1. People's Committees of
provinces and centrally run cities (below collectively referred to as
provincial-level People's Committees) shall grant residential house ownership
certificates to foreign organizations and individuals in Vietnam under this
Resolution and the housing law.
2.Adossier of application for a
residential house ownership certificate comprises:
a/ An .application;
b/ Copies of papers proving that
the foreign organization or individual is among eligible entities defined in
Article 2 and full satisfies the conditions specified in Article 3 of this
Resolution;
c/ The original contract on
residential house purchase and sale or donation and papers on residential house
inheritance;
d/ Papers evidencing the
residential house ownership of the seller, donor or bequeather under the
housing law:
e/ Receipts of tax and fee
payment.
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a/Dossiers of application for
residential house ownership certificates shall be submitted to provincial-level
residential house management agencies in localities where these residential
houses are located:
b/ Dossier-receiving agencies
shall examine dossiers. If dossiers are incomplete, they shall promptly provide
specific guidance for dossier-submitting organizations and individuals to
supplement their dossiers. The time for dossier supplementation is not counted
into the time limit for grant of residential house ownership certificates.
Dossier-receiving agencies shall issue receipts to organizations and individuals
that have submitted complete dossiers, clearly stating the date of handover of
residential house ownership certificates;
c/ Within 30 days after
receiving complete and valid dossiers, provincial-level People's Committees of
localities where residential houses in question are located shall grant
residential house ownership certificates. In case of refusal to grant
certificates, they shall reply in writing, clearly stating the reason.
4. Foreign organizations and
individuals that purchase or inherit residential houses or receive donated
residential houses may authorize other persons to carry out procedures for
applying for residential house ownership certificates under this Article and
other provisions of Vietnamese law.
Article 9.- Settlement of
disputes, complaints and denunciations
1. Disputes over residential
houses related to the entities defined in Article 2 of this Resolution shall be
settled under this Resolution and Vietnam's housing, civil and civil procedure
laws.
2. Complaints and denunciations
about residential houses related to the entities defined in Article 2 of this
Resolution shall be settled under Vietnam's law on complaints and
denunciations.
Article 10.- Handling of
violations
1. Persons who commit acts of
violating the provisions of this Resolution shall, depending on the nature and
severity of their violations, be administratively handled or examined for penal
liability. If causing damage, they shall pay compensations under Vietnamese
law.
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3. Foreign individuals owning
residential houses in Vietnam who fail to sell or donate their residential
houses twelve months after the expiration of the duration of owning residential
houses in Vietnam as specified Clause 1, Article 4 of this Resolution shall
have their residential house ownership certificates withdrawn and may no longer
use these residential houses.
4. For foreign organizations and
individuals owning residential houses in Vietnam that use or let other persons
use residential houses under their ownership for committing illegal acts, and
foreign individuals owning residential houses in Vietnam who are expelled from
Vietnam, their residential houses shall be handled under Vietnamese law.
Article 11.-
Responsibilities for state management of residential houses owned by foreign
organizations and individuals in Vietnam
1. The Government performs the
unified state management of residential houses owned by foreign organizations
and individuals in Vietnam.
2. The Construction Ministry is
answerable before the Government for performing the state management of
residential houses owned by foreign organizations and individuals in Vietnam
according to the following regulations:
a/ To promulgate according to
its competence or submit to competent state agencies for promulgation legal
documents guiding the implementation of this Resolution:
b/ To provide for the grant of
residential house ownership certificates for foreign organizations and
individuals owning residential houses in Vietnam:
c/To review the situation of
grant of residential house ownership certificates to foreign organizations and
individuals throughout the country; to assist the Government in reviewing and
evaluating the implementation of the Resolution;
d/ To inspect, examine, and
settle complaints and denunciations, and handle according to its competence
acts of violating the provisions of this Resolution.
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4. Provincial-level People's
Committees shall:
a/Announce areas in which
residence or travel by foreigners is restricted or banned under regulations of
competent state agencies;
b/Grant residential house
ownership certificates to foreign organizations and individuals in their
localities;
c/ Report to the Construction
Ministry on the management of residential houses and grant of residential house
ownership certificates to foreign organizations and individuals in their
localities;
d/ Inspect, examine, and settle
complaints and denunciations, and handle according to its competence acts of
violating the provisions of this Resolution.
Article 12.-
Implementation provisions
1. This Resolution takes effect
on January 1, 2009. and applies on a pilot basis for five years.
2. When this Resolution ceases
to be effective, foreign organizations and individuals owning residential
houses in Vietnam may continue owning these residential houses until the
expiration of the ownership durations stated in their residential house
ownership certificates and have the owner's rights and obligations provided for
by Vietnamese law.
3. The Government shall guide the implementation of this Resolution and
report implementation results to the National Assembly at the end of the
duration of pilot application.
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CHAIRMAN OF
THE NATIONAL ASSEMBLY
Nguyen Phu Trong