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Essay / Foreign ownership of real estate in Vietnam - 1347
Since the first land laws in 1993, the real estate sector in Vietnam has been increasingly open to foreign individuals and organizations. Initially, Article 17 of the 1992 Constitution of the Socialist Republic of Vietnam stipulates that “land, as belonging to the State, is the property of the entire people.” So technically, no one can own land: foreigners or Vietnamese. However, the status of land is not the same as that of built property. Since this first law, property has evolved, the land law of 1993 was replaced by the land law of 1998 and more recently by the land law of 2003. On January 1, 2009, the National Assembly approved circular 13 authorizing foreigners to buy apartments and apartments in the country. Finally, in August, the Ministry of Construction proposed allowing the purchase of housing by foreigners holding a Vietnam entry visa of more than three months. To understand foreign ownership in Vietnam, we need to distinguish the type of real estate ownership according to the property type. . The Vietnamese Constitution and land laws distinguish between land ownership and real estate ownership. On the other hand, Vietnamese land law makes a distinction between people, between locals, foreigners and overseas Vietnamese or “Viet Kieu” who have a special status compared to other foreigners. We will first look at the current restrictions on foreigners owning real estate. land or apartments in Vietnam (I). Secondly, we will talk about the special status of “Viet Kieu” and the possibilities of circumventing property restrictions (II).I. Foreign ownership limits in Vietnam In Vietnam, land is owned by the state, foreigners are not allowed to own land, but under specific conditions called "land use rights", the state can grant land rights. use of land by foreign individuals or groups (A). The ...... middle of paper ...... denotes an individual with a direct investment in Vietnam, or who holds a management position in a company currently operating in Vietnam.” In this case, the person only needs to obtain a certificate from a company to certify that they hold a management position. Regarding the latest statement from the Vietnamese Ministry of Construction, we can expect foreign ownership of legal property in Vietnam to be more flexible. The ministry proposed that foreigners be allowed to buy houses no larger than 500 square meters. It also talks about a 70-year ownership period or the possibility of an extension after the expiration period. He finally plans to offer foreigners the possibility of owning several houses. The current situation is temporary, in the coming years we can expect to see legal developments in real estate legislation that could facilitate access to foreign ownership..