You asked ( 11-10-2011)

Dear Madam,

In regards to Viet kieu (Overseas Vietnamese) owning houses here, could you please tell me what is needed to obtain a land-use certificate and housing title? My understanding of the Decree covering the issue is that you must have a Viet Nam exemption certificate in your passport and a valid stamp from Immigration Office for three months or more, which we have.

So why do local authorities say that is not enough and they require a temporary residence card and proof of Vietnamese citizenship in addition?

Rick (rickwolfe@hotmail.com)

Dear Rick,

We have contacted lawyer Pham Van Phat, managing director of An Phat Pham Law Firm, regarding your question. This is his reply:

In terms of eligibility, overseas Vietnamese with the right to own a house in Viet Nam are defined in the amended Law on Housing, Article 126. Here are the details:

1. Overseas Vietnamese (defined below) who are permitted by competent Vietnamese agencies to reside in Viet Nam for three or more months may own houses for their own and their family's residence:

a/ Persons having Vietnamese nationality;

b/ Persons of Vietnamese origin who return to Viet Nam to make direct investment under the investment law; persons with meritorious contributions to the country; scientists, cultural scholars and persons with special skills who are needed by Vietnamese agencies or organisations and working in Viet Nam; and persons who have Vietnamese spouses living in the country.

2. Persons of Vietnamese origin not defined at Point ‘b' who are issued visa-exemption papers by competent Vietnamese agencies and are permitted to reside in Viet Nam for three or more months may each own a separate house or a condominium apartment in Viet Nam as their own and their family's residence in Viet Nam.

In terms of required papers, you will need papers showing your eligibility to own a house in Viet Nam and papers proving residence in the country.

Papers to show evidence of the eligibility of Overseas Vietnamese to own a house in Viet Nam are stipulated in Decree 71, Article 66 as below:

a/Those bearing Vietnamese nationality must possess a valid Vietnamese passport. Those holding a foreign passport must produce one of the papers evidencing their Vietnamese nationality under the nationality law;

b/Those of Vietnamese origin must possess a foreign passport together with a written certification of their Vietnamese origin issued by a competent Vietnamese authority.

Papers to prove that an Overseas Vietnamese has residence in Viet Nam are stipulated in Decree 71, Article 67 as below:

1. Overseas Vietnamese holding a Vietnamese passport must possess either of the following papers issued by the police of the ward, commune or township (below referred to as ward-level police) in which they reside:

a/ Temporary residence book;

b/ Written certification of temporary residence registration in the locality.

Overseas Vietnamese holding a Vietnamese passport must file an application and produce their passports at the ward-level police when requesting issuance of the papers specified in this clause.

Within three days of receiving an application, ward-level police shall grant either of the papers specified in this clause to overseas Vietnamese.

2. Overseas Vietnamese holding a foreign passport must possess either of the following papers issued by the Vietnamese Immigration Management Agency:

a/ Temporary residence card;

b/ Passport stamped with a mark showing temporary residence in Viet Nam for three months or more.

Therefore, depending on which categories you belong to, the authorised agencies will require equivalent papers to prove your eligibility to own a house in Viet Nam and your residence in the country.

We hope this helps.

With best wishes,

The Editor