I. Legal Basis

According to Vietnam’s Housing Law 2024 and Decree 99/2015/ND-CP, foreign individuals are allowed to own houses in Vietnam but must comply with legal provisions regarding the duration and conditions of ownership. A key question is whether foreigners can resell houses to other foreigners.

Under Clause 8, Article 79 of Decree 99/2015/ND-CP, the government prohibits foreign organizations and individuals from purchasing houses for profit-making purposes. However, the current law does not explicitly define what constitutes reselling houses for profit.

Nevertheless, foreign individuals who have been granted a Certificate of Land Use Rights and Ownership of Residential Housing may sell their property to other eligible foreign individuals if they no longer intend to use it. In such cases, the new owner’s ownership duration will be the remaining term of the original ownership. If the new owner wishes to extend the duration after the term ends, they may apply for an extension under Vietnam’s regulations.

II. Duration of House Ownership in Vietnam for Foreign Individuals

As stipulated in Point c, Clause 2, Article 161 of the Housing Law 2014, foreign individuals eligible to own houses in Vietnam must adhere to regulations concerning the duration of ownership. Specifically, foreigners may acquire ownership through transactions such as investment in housing development projects in Vietnam, purchases, lease-purchases, gifts, or inheritance of commercial housing, including apartments or individual houses within housing development projects, except in areas restricted for national defense and security as defined by the government.

The maximum ownership duration is 50 years from the date of issuance of the Certificate of Residential Housing Ownership. Upon expiration, owners may apply for an extension if they wish to continue their ownership.

Additionally, if a foreign individual marries a Vietnamese citizen or a Vietnamese residing overseas, they are entitled to permanent and indefinite ownership without time restrictions. They also enjoy the same rights and obligations as Vietnamese citizens in terms of housing ownership, including the right to use, transfer, or inherit the property. This provision safeguards the rights of foreigners in special circumstances, facilitating long-term living and working conditions in Vietnam.

III. Can Foreigners Resell Houses to Other Foreigners?

Clause 8, Article 79 of Decree 99/2015/ND-CP prohibits foreign organizations and individuals from purchasing houses to resell them for profit-making purposes. However, the current legal framework lacks a specific definition of what constitutes reselling for profit.

As such, foreign individuals who have purchased and been granted a Certificate of Land Use Rights and Ownership of Residential Housing may resell their property to other eligible foreign individuals if they no longer intend to use it.

In this case, the ownership duration for the new buyer will be the remaining term of the previous owner’s ownership. If the new owner wishes to extend the duration after its expiration, the government will consider and grant an extension as per Vietnam’s regulations.

IV. Procedures for Extending House Ownership Duration in Vietnam for Foreign Individuals

Under Clause 1, Article 77 of Decree 99/2015/ND-CP, foreigners owning houses in Vietnam may apply for an extension of their ownership duration before its expiration. Specifically, within three months prior to the expiration of the ownership term, foreigners must submit an extension application clearly stating the requested extension period and attach a certified copy of their Certificate of Residential Housing Ownership.

This application must be submitted to the provincial People’s Committee where the house is located. Upon receipt, the provincial People’s Committee will review and respond within 30 days. If approved, a written consent will be issued, allowing for a one-time extension of ownership, with a maximum duration of 50 years from the expiration of the initial ownership term.

Based on the provincial People’s Committee’s approval, the relevant authority will process the extension and update the ownership information on the Certificate of Residential Housing Ownership. A copy of the updated Certificate will be sent to the Department of Construction for monitoring and record-keeping. This procedure ensures that foreign individuals can retain their housing ownership rights in Vietnam after the initial term expires.

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