Socialist Republic of Vietnam

DECREE ON PURCHASE OF RESIDENTIAL HOUSING IN VIETNAM BY VIETNAMESE RESIDING OVERSEAS

No. 81-2001-ND-CP, Hanoi, 5 November 2001


The Government

Pursuant to the Law on the Organization of the Government dated 30 September 1992;

Pursuant to the Civil Code dated 28 October 1995;

Pursuant to the Law on Amendment of and Addition to the Law on Land dated 29 June 2001;

On the proposal of the Minister of Construction;

Decrees:


CHAPTER I

General Provisions

Article 1 Governing scope

This Decree regulates the subjects, conditions and procedures for purchase of residential housing, inclusive of the right to use the land on which the residential housing is situated; the management and use of residential housing and residential land; and the rights and obligations of owners of residential housing being Vietnamese residing overseas after they purchase residential housing in accordance with the provisions of this Decree.

Article 2 Vietnamese residing overseas

Vietnamese residing overseas regulated by this Decree means Vietnamese citizens and persons of Vietnamese origin who have resided and earned their living for a long period overseas as stipulated in the Law on Vietnamese Nationality dated 1 January 1999.

Article 3 Subjects who may purchase residential housing

1. Vietnamese residing overseas who fall into one of the following categories and who satisfy all conditions stipulated in article 6 of this Decree shall be entitled to purchase residential housing in Vietnam, inclusive of the right to use the land on which the residential housing is situated:

(a) Persons returning to make a long-term investment in Vietnam;

(b) Persons whose work has contributed to the country;

(c) Cultural activists and scientists who need to operate regularly in Vietnam;

(d) Persons who wish to settle down in Vietnam.

2. Subjects permitted to purchase a house as stipulated in article 1 of this Decree may only own one residence (an apartment, small house or villa).

Article 4 Ownership rights of residential housing and right to use residential land

Vietnamese residing overseas who are permitted to purchase residential housing in Vietnam, inclusive of the right to use the land on which the residential housing is situated, in accordance with the provisions of this Decree shall, after they have completed the procedures for purchasing residential housing, be issued with certificates of ownership of residential housing and certificates of right to use residential land.


CHAPTER II

Conditions and Contracts for Sale and Purchase
of Residential Housing

Article 5 Specific provisions on subjects who may purchase residential housing

The following specific provisions shall apply to the subjects stipulated in article 3 of this Decree who may purchase residential housing:

1. Persons returning to make a long-term investment in Vietnam means persons carrying out investment pursuant to the Law on Foreign Investment in Vietnam or the Law on Promotion of Domestic Investment, who have been issued with an investment licence or a certificate of business registration by the competent State body.

2. Persons whose work has contributed to the country shall comprise:

(a) Persons entitled to preferential treatment in accordance with the Ordinance on Preferential Treatment for Persons Active in the Revolution, War Heroes and their Families, War Invalids, Wounded Soldiers, Persons Active in the Resistance or Having Assisted the Revolution dated 29 August 1994;

(b) Persons who have made a significant contribution to the work of liberating the nation or building the country and to whom the State President or the Government has awarded a decoration or medal; or to whom the Prime Minister of the Government has awarded a certificate; or to whom the Chairman of the Standing Committee of the Fatherland Front of Vietnam or a minister or head of a body managing a central branch has awarded a medal for work in that branch;

(c) Persons on the executive committee of a Vietnamese socio-political organization from the level of a province or city under central authority upwards as certified by such organization; persons voted to the central executive committee of or activists in movements or organizations of overseas Vietnamese with a relationship with Vietnam through the Committee for Vietnamese Residing Overseas; and persons who have contributed to or actively assisted representative offices or external relations of Vietnam in other countries as certified by such Vietnamese representative office.

3. Cultural activists, scientists and experts who return to operate regularly in Vietnam shall comprise:

(a) Cultural activists and scientists who have been awarded post-graduate degrees or professorships in science, education, culture and the arts in Vietnam or overseas countries;

(b) Experts in the socio-economic sector.

Subjects referred to in sub-clauses (a) and (b) above must be invited to return to Vietnam to work as experts in scientific, educational, cultural or artistic works by the leaders of the Party or the State, or by ministers, heads of ministerial equivalent bodies, heads of Government bodies or chairmen of people's committees of provinces and cities under central authority; and they must have certification from the leaders of the inviting bodies.

4. Vietnamese residing overseas who make an application to settle down in Vietnam and who are approved by the competent level of a Vietnamese diplomatic representative office.

Article 6 Conditions to be entitled to purchase residential housing in Vietnam

Vietnamese residing overseas in a category stipulated in article 5 of this Decree must be persons returning to reside permanently or temporarily in Vietnam and they must possess the following papers:

1. A valid Vietnamese passport or a valid passport or papers issued by an overseas country. In the latter case, they must have a certificate of Vietnamese nationality, or a certificate of loss of Vietnamese nationality, or a certificate of registration of citizenship.

2. Papers from a competent State body certifying that they belong to a category stipulated in article 5 of this Decree.

Article 7 Contracts for sale and purchase of residential housing

Contracts for sale and purchase of residential housing must be in writing and notarized by the Notary Public or certified by a competent State body.

The price for the sale and purchase of residential housing shall be agreed between the parties and must be recorded in the contract.


CHAPTER III

Rights and Obligations of Vietnamese Residing Overseas
Regarding Residential Housing Purchased in Vietnam

Article 8 Issuance of certificates of ownership of residential housing and certificates of right to use residential land

After Vietnamese residing overseas have completed the procedures for purchasing residential housing, they shall be issued with certificates of ownership of residential housing and certificates of right to use residential land by people's committees of districts, provincial towns or cities (hereinafter referred to as district people's committees). Persons requesting a certificate must submit the following documents to the issuing-body:

1. Application for issuance of a certificate of ownership of residential housing and a certificate of right to use residential land.

2. Contract for sale and purchase of residential housing notarized by the Notary Public or certified by the competent State body.

3. Receipt for payment of tax and fees.

4. Copy documents stipulated in article 5 of this Decree, notarized by the Notary Public or certified by the competent State body. If a document is not in the category requiring such notarization or certification, the original must be presented for comparison by the body which issues the certificates.

Article 9 Responsibility to prepare files; time-limits for issuance of certificates of ownership of residential housing and certificates of right to use residential land

1. Vietnamese residing overseas in the category of persons entitled to purchase residential housing stipulated in this Decree shall themselves conduct the procedures for issuance of the above certificates, or may agree that the vendor will do so or that their legally authorized representative will do so. Any authorization must be in writing.

2. The forms to be used for the certificates of ownership of residential housing and certificates of right to use residential land issued to Vietnamese residing overseas upon purchase of residential housing pursuant to this Decree shall be the same as certificates which are issued to Vietnamese people.

3. The time-limit for issuance of certificates shall be sixty (60) days at the latest from the date on which the applicant submits a complete and valid file in accordance with article 8 of this Decree to the district people's committee.

Article 10 Rights of Vietnamese residing overseas with respect to residential housing purchased in Vietnam

Vietnamese residing overseas shall, upon purchase of residential housing and being issued with certificates of ownership of residential housing and certificates of right to use residential land in accordance with law, have the following rights:

1. To use for themselves and for members of their family.

2. To sell or donate to domestic organizations or individuals or to subjects being Vietnamese residing overseas in the category who may purchase residential housing as stipulated in article 5 of this Decree.

3. To mortgage in accordance with the law of Vietnam.

4. To bequeath in accordance with the following provisions:

(a) With respect to domestic organizations or individuals or Vietnamese residing overseas in the category of persons who are entitled to purchase residential housing as stipulated in article 5 of this Decree, in accordance with the Civil Code;

(b) With respect to foreigners or Vietnamese residing overseas who are not in the category of persons who are entitled to purchase residential housing as stipulated in article 5 of this Decree, if they inherit residential housing, they shall only be entitled to the value of the part they inherit.

Article 11 Obligations of Vietnamese residing overseas who own residential housing in Vietnam

Vietnamese residing overseas shall, upon purchase of residential housing and being issued with certificates of ownership of residential housing and certificates of right to use residential land in accordance with this Decree, have the following obligations:

1. To fulfil the provisions of this Decree.

2. To declare and register the residential housing and residential land in accordance with the law of Vietnam.

3. To implement the law of Vietnam on the management and use of residential housing and residential land, on repairs and improvements to residential housing, and on the sale of residential housing.

4. To implement fully the regulations on residing in Vietnam and on management of urban order; and to discharge fully all financial and tax obligations and implement other relevant regulations of Vietnam.

5. Vietnamese residing overseas who have residential housing which is purchased pursuant to this Decree may authorize a domestic organization or individual or a person in a category stipulated in article 5 of this Decree to manage the residential housing. Any authorization must be in writing and notarized by the Notary Public or certified by the competent State body.


CHAPTER IV

Dealing with Breaches

Article 12 Breach of provisions on purchase of residential housing

If Vietnamese residing overseas in the category of persons who are entitled to purchase residential housing as stipulated in article 5 of this Decree purchase residential housing contrary to the provisions in this Decree, they shall not be issued with certificates of ownership of residential housing and certificates of right to use residential land, they shall not enjoy the rights of owners of residential housing, and they shall not be entitled to reside permanently or temporarily in such residential housing.

Article 13 Breach of provisions on sale of residential housing

Vendors of residential housing to Vietnamese residing overseas must sell to subjects strictly as stipulated in article 5, and the conditions stipulated in article 5 must be satisfied. In the case of a sale which does not comply with the regulations of this Decree resulting in the purchaser not being issued with a certificate of ownership of residential housing and a certificate of right to use residential land, the vendor shall be obliged to refund to the purchaser the whole of the expenditure received by the vendor, and if the vendor fails to do so the purchaser shall have the right to request a court to deal with the matter in accordance with law.

Article 14 Breach relating to use of residential housing and residential land

If Vietnamese residing overseas whose ownership of residential housing and right to use residential land in Vietnam is recognised fail to fulfil the obligations stipulated in article 11 of this Decree and fail to comply with the other regulations of Vietnam on the use of residential housing and residential land, or if they take advantage of sales and purchases of residential housing for profit-making purposes, then they shall, depending on the seriousness of the breach, be dealt with in accordance with the law of Vietnam.
Article 15 Breach relating to house management

Any person taking advantage of his or her position or powers to breach the provisions on issuance of certificates of ownership of residential housing and certificates of right to use residential land as stipulated in this Decree, or to breach the provisions of the law of Vietnam on house management shall, depending on the seriousness of the breach, be dealt with in accordance with the law of Vietnam.


CHAPTER V

Implementing Provisions

Article 16 Responsibilities of relevant ministries and branches

1. The Ministry of Construction shall be responsible to regulate forms for contracts for sale and purchase of residential housing and forms for applications for certificates of ownership of residential housing and certificates of right to use residential land applicable to Vietnamese residing overseas; and shall be responsible to guide and inspect people's committees of provinces and cities under central authority to implement this Decree and to resolve problems for them; and to report to the Prime Minister of the Government with recommendations on any issues which exceed its authority.

2. Relevant ministries and branches shall, depending on their respective functions, duties and powers, be responsible to guide and inspect the implementation of this Decree.

Article 17 Responsibilities of people's committees

People's committees of provinces and cities under central authority shall be responsible:

1. To provide directions on implementing sales of residential housing and on the issuance of certificates of ownership of residential housing and certificates of right to use residential land to persons who purchase houses pursuant to this Decree.

2. To report on the status of implementation and any problems which arise and which exceed their authority during implementation of this Decree so that the Ministry of Construction may collate a report for submission to the Prime Minister of the Government for his consideration and resolution.

Article 18

This Decree shall be of full force and effect after fifteen (15) days from the date of its signing.

Article 19

Ministers, heads of ministerial equivalent bodies, heads of Government bodies, and chairmen of people's committees of provinces and cities under central authority shall be responsible for implementation of this Decree.


For the Government
The Prime Minister


PHAN VAN KHAI