THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
81/2001/ND-CP
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Hanoi,
November 05, 2001
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DECREE
ON PURCHASE OF
DWELLING HOUSES IN VIETNAM BY OVERSEAS VIETNAMESE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the October 28, 1995 Civil Code;
Pursuant to the June 29, 2001 Law Amending and Supplementing a Number of
Articles of the Land Law;
At the proposal of the Minister of Construction,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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Article 2.- Overseas
Vietnamese
Overseas Vietnamese prescribed in this Decree
are Vietnamese citizens and people of Vietnamese origin, who permanently reside
and earn their living in foreign countries as already provided for in the
January 1, 1999 Law on Vietnamese Nationality.
Article 3.- Subjects
entitled to buy dwelling houses
1. Overseas Vietnamese being one of the
following subjects who satisfy all the conditions prescribed in Article 6 of
this Decree shall be entitled to buy dwelling houses associated with
residential land use right in Vietnam:
a/ People returning for long-term investment in
Vietnam;
b/ People rendering meritorious services to the
country;
c/ Cultural activists and scientists wishing to
return for regular activities in Vietnam;
d/ People wishing to return to live a stable
life in Vietnam.
2. Subjects entitled to buy dwelling houses
prescribed in Clause 1 of this Article may own only one house to reside in
(apartment, house or villa).
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Overseas Vietnamese eligible for purchase of
dwelling houses associated with residential land use right in Vietnam under the
provisions of this Decree shall, after completing all house purchase
procedures, be granted the certificates of dwelling house ownership and
residential land use right.
Chapter II
DWELLING HOUSE PURCHASE AND SALE CONDITIONS AND
CONTRACTS
Article 5.- Specific
provisions on subjects entitled to buy dwelling houses
Subjects entitled to buy dwelling houses
mentioned in Article 3 of this Decree are specified as follows:
1. People returning for long-term investment in
Vietnam are those directly engaged in investment activities under the
provisions of the Law on Foreign Investment in Vietnam or the Law on Domestic
Investment Promotion and granted investment licenses or business registration
certificates by the competent State agencies.
2. People rendering meritorious services to the
country, including:
a/ People enjoying preferential treatment under
the provisions of the August 29, 1994 Ordinance on Preferences for
Revolutionaries, Fallen Combatants and their Families, War Invalids, Diseased
Soldiers, Resistance War Activists and People with Meritorious Services to the
Revolution.
b/ People with meritorious contributions to the
cause of national liberation and/or construction, who have been awarded orders
or medals by the State President or the Government; certificates of merit by
the Prime Minister, or medals for the branches cause, by the president of the
Presidium of Vietnam Fatherland Front’s Central Committee or ministers or heads
of the central branch- managing agencies;
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3. Cultural activists, scientists and experts
returning for regular activities in Vietnam, including:
a/ Cultural activists and scientists having been
conferred Vietnamese or foreign academic titles and/or degrees in the fields of
science, education, culture and arts;
b/ Experts in the socio-economic domains.
Subjects mentioned at Points a and b of this Clause
must be invited by Party or State leaders, ministers, heads of the
ministerial-level agencies or agencies attached to the Government or presidents
of the People’s Committees of the provinces or centrally-run cities, to return
to Vietnam and work as scientific, educational, cultural or artistic experts or
collaborators, with certification by leaders of the inviting bodies;
4. Overseas Vietnamese filing applications for
returning to live a stable life in Vietnam and getting approval thereof from
the competent authorities of the Vietnamese diplomatic missions.
Article 6.- Conditions for
being entitled to buy dwelling houses in Vietnam
Overseas Vietnamese being subjects defined in
Article 5 of this Decree must be those who return for permanent or temporary residence
in Vietnam and have all the following papers:
1. Valid passports granted by Vietnam or valid
passports or papers granted by foreign countries. If using valid foreign
passports or papers, they must have either Vietnamese nationality certificates,
certificates of Vietnamese nationality loss or citizenship registration
certificates.
2. Writers certifications by the competent State
agencies that they are subjects defined in Article 5 of this Decree.
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The dwelling house purchase and sale contracts
shall be made in writing and certified by State notary public or authenticated
by competent State agencies.
The dwelling house purchase and sale prices
shall be agreed upon by concerned parties and inscribed in the contracts.
Chapter III
RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE
REGARDING DWELLING HOUSES PURCHASED IN VIETNAM
Article 8.- Granting of
dwelling house ownership right and residential land use right certificates
Overseas Vietnamese shall, after completing
dwelling house purchase procedures, be granted the dwelling house ownership
right and residential land use right certificates by the People’s Committees of
the rural or urban districts, provincial capitals or cities (hereafter referred
collectively to as the district-level People’s Committees). People requesting
the granting of these certificates must submit to the certificate-granting
bodies the following papers:
1. An application for the granting of dwelling
house ownership right and residential land use right certificate.
2. The dwelling house purchase and sale contract
certified by the State notary public or authenticated by a competent State
agency.
3. The tax- and fee-payment receipts.
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Article 9.- Responsibility
for dossier compilation, time limit for the granting of dwelling house
ownership right and residential land use right certificates
1. Overseas Vietnamese entitled to buy dwelling
houses under the provisions of this Decree shall carry out the relevant
procedures by themselves or reach agreement with the house-selling party or
their lawfully-authorized persons so that the latter may represent them in
carrying out the procedures for the granting of dwelling house ownership right
and residential land use right certificates. The authorization must be made in
writing.
2. The dwelling house ownership right and
residential land use right certificates granted to overseas Vietnamese after
the purchase of dwelling houses as prescribed in this Decree shall follow the
forms of dwelling house ownership right and residential land use right
certificates granted to domestic Vietnamese.
3. The time limit for certificate granting shall
be 60 days from the date the person requesting the certificate granting submits
all the valid dossiers prescribed in Article 8 of this Decree to the
district-level People’s Committees.
Article 10.- Interests of
overseas Vietnamese regarding their dwelling houses purchased in Vietnam
Overseas Vietnamese shall, after buying dwelling
houses and being granted the dwelling house owner-ship right and residential
land use right certificates as prescribed by law, have the following rights:
1. To use them as residences for themselves and
members of their families.
2. To sell or donate them to domestic
organizations or individuals or other subjects being overseas Vietnamese
entitled to buy dwelling houses as defined in Article 5 of this Decree.
3. To mortgage them according to the provisions
of Vietnamese law.
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a/ For domestic organizations and individuals or
overseas Vietnamese entitled to buy dwelling houses as prescribed in Article 5 of
this Decree, they may inherit dwelling houses according to the provisions of
the Civil Code;
b/ For foreigners or overseas Vietnamese other
than those prescribed in Article 5 of this Decree, if receiving the
inheritance, they may enjoy only the value of such inheritance.
Article 11.- Obligations
of overseas Vietnamese owning dwelling houses in Vietnam
Overseas Vietnamese shall, after buying dwelling
houses and being granted the dwelling house ownership right and residential
land use right certificates under the provisions of this Decree, have the
following obligations:
1. To implement the provisions of this Decree.
2. To declare and register their dwelling houses
and residential land as prescribed by Vietnamese law.
3. To abide by the regulations on the management
and use of dwelling houses and residential land; repair and renovation as well
as purchase and sale of dwelling houses under the provisions of Vietnamese law.
4. To abide by all the regulations on residence
and urban order management; financial and tax obligations and relevant
regulations under the provisions of Vietnamese law.
5. Overseas Vietnamese having purchased dwelling
houses according to the provisions of this Decree may authorize domestic
organizations or individuals or subjects defined in Article 5 of this Decree to
manage their dwelling houses. The management authorization must be made in
writing and notarized by the State notary public or authenticated by a
competent State agency.
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HANDLING OF VIOLATIONS
Article 12.- Breaching the
regulations on the purchase of dwelling houses
Overseas Vietnamese entitled to buy dwelling
houses as prescribed in Article 5 of this Decree, if buying them in
contravention of the provisions of this Decree, shall neither be granted the
dwelling house ownership right and residential land use right certificates nor
enjoy the house owner’s rights and must neither permanently nor temporarily
reside in those houses.
Article 13.- Breaching the
regulations on the sale of dwelling houses
The party selling dwelling houses to overseas
Vietnamese shall have to sell them to the right subjects defined in Article 5,
who fully satisfy the conditions prescribed in Article 6 of this Decree. In
cases where it fails to comply with this Decree’s provisions on the sale of dwelling
houses, thereby the house buyers cannot be granted the dwelling house ownership
right and residential land use right certificates, the selling party shall have
to return the whole sum of money already received from the buying party to the
latter. If the selling party does not return the received money to the buying
party as prescribed in this Decree, the buying party may request the court to
settle the case according to law.
Article 14.- Breaching the
regulations on the use of dwelling houses and residential land
If overseas Vietnamese having dwelling house
ownership right and residential land use right recognized in Vietnam fail to
perform their obligations stipulated in Article 11 of this Decree and to abide
by the regulations on the use of dwelling houses and residential land under the
provisions of Vietnamese law or take advantage of the purchase and sale of
dwelling houses to earn profits, they shall, depending on the seriousness of
their violations, be handled according to the provisions of Vietnamese law.
Article 15.- Breaching the
regulations on house management
Those who abuse their positions and/or power to
breach the regulations on the granting of dwelling house ownership right and
residential land use right certificates as well as dwelling house management
according to the provisions of this Decree and the provisions of Vietnamese law
on dwelling house management, shall, depending on the seriousness of their
violations, be handled according to law provisions.
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IMPLEMENTATION PROVISIONS
Article 16.-
Responsibilities of the concerned ministries and branches
1. The Ministry of Construction shall have to
set forms of dwelling house purchase and sale contract and application for the
granting of dwelling house ownership right and residential land use right
certificates to overseas Vietnamese; guide, inspect and handle difficulties and
problems of the People’s Committees of the provinces and centrally-run cities
in the implementation of this Decree; sum up and propose the Prime Minister to handle
matters falling beyond their competence.
2. The concerned ministries and branches shall,
based on their respective functions, tasks and powers, have to guide and
inspect the implementation of this Decree.
Article 17.- Responsibilities
of the People’s Committees
The People’s Committees of the provinces and
centrally-run cities shall have to:
1. Direct the sale of dwelling houses and the
granting of dwelling house ownership right and residential land use right
certificates to the house buyers according to the provisions of this Decree.
2. Report on the implementation situation and
matters arising beyond their competence in the course of implementation of this
Decree to the Ministry of Construction so that the latter can make a sum-up report
thereon and submit it to the Prime Minister for consideration and settlement.
Article 18.- This Decree
takes effect 15 days after its signing.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai