Real estate in general — and housing, land, and apartments in particular — represents a major asset that many Vietnamese people consider when planning for long-term investment. However, settling abroad can affect one's ability to carry out real estate transactions.
Legal Status of Overseas Vietnamese in General, and in Canada in Particular
Under Articles 3 and 11 of the 2014 Amended Law on Vietnamese Nationality:
"Overseas Vietnamese: means Vietnamese citizens and persons of Vietnamese origin who reside and settle long-term abroad. Persons of Vietnamese origin residing abroad: means persons who formerly held Vietnamese nationality, which was determined at birth on the basis of bloodline, as well as their children and grandchildren who reside and settle long-term abroad."
You may use any of the following documents to prove your Vietnamese nationality:
- A birth certificate (if the birth certificate does not clearly indicate Vietnamese nationality, it must be accompanied by documents proving the Vietnamese nationality of the parents);
- A national identity card or citizen identification card;
- A Vietnamese passport;
- A decision granting Vietnamese nationality, a decision restoring Vietnamese nationality, a decision recognizing the adoption of a foreign child, or a decision permitting a foreign national to adopt a Vietnamese child.
Accordingly, if you have ever held Vietnamese nationality by bloodline, or currently hold Vietnamese nationality and have not renounced or lost it, you are classified as an Overseas Vietnamese.
Home and Land Ownership Rights
Under Clause 1, Article 186 of the 2013 Law on Land, Clause 1, Article 8 of the 2014 Law on Housing, and Clause 2, Article 5 of Decree 99/2015/ND-CP, overseas Vietnamese who fall within the categories entitled to own housing under the law on housing have the right to own housing tied to residential land use rights in Vietnam.
Overseas Vietnamese who are eligible to own housing in Vietnam under the law on housing may receive a transfer of residential land use rights through the following means:
- Purchasing or entering into a hire-purchase of commercial housing from a real estate business enterprise or cooperative (collectively, a "real estate business enterprise");
- Purchasing, receiving as a gift, exchanging, or inheriting housing from a household or individual;
- Receiving a transfer of residential land use rights within a commercial housing construction investment project where the sale of serviced land plots for self-construction of housing is permitted under the law.
When an overseas Vietnamese purchases housing tied to residential land in Vietnam, they are entitled to stable, long-term land use, but must follow the same procedures and bear the same financial obligations as a Vietnamese citizen when transferring land use rights.
In addition, to be recognized as having ownership of housing tied to land use rights, an overseas Vietnamese must prove that they were permitted to enter Vietnam at the time of the transaction, specifically by one of the following means:
- If entering Vietnam on a Vietnamese passport, the passport must be valid and bear an entry stamp from the Vietnamese immigration authority, accompanied by a certificate of residence or a temporary residence declaration;
- If entering Vietnam on a foreign passport, the passport must be valid and bear an entry stamp from the Vietnamese immigration authority, AND be accompanied by a document proving Vietnamese nationality or proving status as a person of Vietnamese origin — issued by a provincial or municipal Department of Justice, a Vietnamese diplomatic mission abroad, or an agency responsible for overseas Vietnamese affairs, or another document recognized under Vietnamese law — together with a certificate of residence or temporary residence declaration in Vietnam.
Furthermore, if you are unable to travel to Vietnam yourself to promptly complete a purchase, sale, or transfer transaction involving housing or land, you may grant a power of attorney to a relative or any other trusted individual to act on your behalf in carrying out certain specific transactions.
Please contact us at info@eznotary.ca or 6136084046 for our full-service Power of Attorney and Consular Legalization package for your transaction.
