Buy Farmland in Vietnam

You can only buy farm land if you or your spouse is a VN citizen.  If one of you is it's fairly simple.  It's very possible that you won't get a red or pink book (depending on if there is a house on the property or not) but it's not the end of the world.  My farm doesn't have a pink book.  Prices are dependent on whether there is a book or not and where it is. A farm "near the beach" would likely be expensive.  You realize they sell land by the square meter here, right?

SteinNebraska wrote:

You can only buy farm land if you or your spouse is a VN citizen.  If one of you is it's fairly simple.  It's very possible that you won't get a red or pink book (depending on if there is a house on the property or not) but it's not the end of the world.  My farm doesn't have a pink book.  Prices are dependent on whether there is a book or not and where it is. A farm "near the beach" would likely be expensive.  You realize they sell land by the square meter here, right?

A lot of land in the countryside is sold by the lineal meter frontage.

Failing that just set up camp on a bit of land and wait until someone come 😂

colinoscapee wrote:

SteinNebraska wrote:

You can only buy farm land if you or your spouse is a VN citizen.  If one of you is it's fairly simple.  It's very possible that you won't get a red or pink book (depending on if there is a house on the property or not) but it's not the end of the world.  My farm doesn't have a pink book.  Prices are dependent on whether there is a book or not and where it is. A farm "near the beach" would likely be expensive.  You realize they sell land by the square meter here, right?

A lot of land in the countryside is sold by the lineal meter frontage.

Understood, but I was more referring to her request for a farm "near the beach".  I'm guessing that would be by the square.  Doesn't really matter, she probably can't buy one anyway.  I'm betting we just saw a "one and done" poster.

Seems to be a few one off posters here lately.. occasionally worded like it's our old friends the ex special forces gold hunter

Lau9191 wrote:

Hello,

I would like to know how works if I want to buy a farmland with a house,

What areas could be the best ones near beach?

My idea is to grow cows and pigs

or anysuggestion to another countrie?

many thanks,

You should find information about how to rent it for the long term, anyway it's impossible to by land in the countryside under foreigners name.

thanks for the information,

so seems needs to be in the name of one vietnamist and me right?

What is the worths thing can happen if I do it with a Vietnamist?

there are another countries you can buy without local people need it in papers? like cambodia, laos,

If you want it in your name, better off in Cambodia or Laos.

One problem you will find is that Laos is a landlocked country, no seaside.

Apparently Britain is one that allows it but many countries do not allow foreigners to own farmland.  Some states in the US do not allow corporations to own farmland either but that is usually circumvented by family controlled companies by letting the founders own the land and then leasing it to their companies.

Lau9191 wrote:

so seems needs to be in the name of one vietnamist and me right?

Nothing like "and". You cannot own or co-own land. Period.

Lau9191 wrote:

What is the worths thing can happen if I do it with a Vietnamist?

He owns the land, and you lose all your money.

Martin9000 wrote:

Lau9191 wrote:

so seems needs to be in the name of one vietnamist and me right?

Nothing like "and". You cannot own or co-own land. Period.

Not true.  Both my name and my wife's name is on the farm that we bought.  It cannot be sold by either of us individually, only jointly.  If you owned a farm or land your opinion could be considered but I sense that you are simply regurgitating what you have heard before.

SteinNebraska wrote:

Not true.  Both my name and my wife's name is on the farm that we bought.  It cannot be sold by either of us individually, only jointly.  If you owned a farm or land your opinion could be considered but I sense that you are simply regurgitating what you have heard before.

So you have a red book?
As a foreign individual you can buy a house, but not the ground it stands on.
I can connect you to the international law company and a Vietnamese lawyer, that I have extensively consulted on the matter of land ownership.

SteinNebraska wrote:

If you owned a farm or land your opinion could be considered but I sense that you are simply regurgitating what you have heard before.

You sense wrong. And how should I fulfil your "if clause" (if you owned a farm..), when it is not possible.

Whatever paper you have, I don't think it will be of much worth to the Vietnamese authorities.
But maybe I am wrong, I would be interested to acutally see your paper.

What are you planning to grow or raise?
A lot of the land down south it's not ideal for crops, I'm no expert but from what I read and see a lot of the land is polluted or not suitable for many crops.

SteinNebraska wrote:

Martin9000 wrote:

Lau9191 wrote:

so seems needs to be in the name of one vietnamist and me right?

Nothing like "and". You cannot own or co-own land. Period.

Not true.  Both my name and my wife's name is on the farm that we bought.  It cannot be sold by either of us individually, only jointly.  If you owned a farm or land your opinion could be considered but I sense that you are simply regurgitating what you have heard before.

I presume you bought the land through a company you own?

She said that she wants to grow pigs and cows. Like dig up some soil and plant some pig and cow eggs! lol

I'm buying my g/f a plot.  I shall build a house on it once I have a sub-lease from her saying she can't throw me off it until I no longer need it ....... I just hope VN women aren't expert poisoners.

this is true. and i understand that if the VN person sells, you have to get 50% (regardless of who paid for what - and this applies to when both VN too i believe)

I bought my wife some land with a small house on it. The adjoining land and house she had before we were married is our main residence. I am considerably older than her so will probably die first. But if she died before me what would happen to the houses and land? She has a 21 year old son who is a real piece of work. I worry that in Vietnam everything would go to the son.

I do believe wrote:

I worry that in Vietnam everything would go to the son.

Only if she doesn't leave a will behind. 

She can indicate in her wills of her wish to pass the property to whomever she chooses.  Here's the information:

Inheritance law in Vietnam's current legislation

If there's an update on that law, I'll post it here or in a new thread if I cannot find this one again in the future.

She can indicate in her will of her wish to pass the property to whomever she chooses.  Here's the information:

Thanks for the information! I notice there is no mention if the spouse is a foreigner. In any case we will get wills made.

I do believe wrote:

She can indicate in her will of her wish to pass the property to whomever she chooses.  Here's the information:

Thanks for the information! I notice there is no mention if the spouse is a foreigner. In any case we will get wills made.

That does beg the question though - a foriegner cannot buy farm land without a Vietnamese but if that Vietnames purchase partner dies can the remaining foriegner become sole owner of farmland in Vietnam?

Like you I wasn't all that concerned about it as I'm older but I guess we should know what will happen.

SteinNebraska wrote:

I do believe wrote:

She can indicate in her will of her wish to pass the property to whomever she chooses.  Here's the information:

Thanks for the information! I notice there is no mention if the spouse is a foreigner. In any case we will get wills made.

That does beg the question though - a foriegner cannot buy farm land without a Vietnamese but if that Vietnames purchase partner dies can the remaining foriegner become sole owner of farmland in Vietnam?

Like you I wasn't all that concerned about it as I'm older but I guess we should know what will happen.

The person inheriting the land has to be eligible to own land under Vietnamese law. As a foreigner, its a no go.

SteinNebraska wrote:

That does beg the question though - a foriegner cannot buy farm land without a Vietnamese but if that Vietnames purchase partner dies can the remaining foriegner become sole owner of farmland in Vietnam?

CoderX10 wrote:

The person inheriting the land has to be eligible to own land under Vietnamese law. As a foreigner, its a no go.

I'm almost positive that Coder is correct, but to be absolutely certain, I've sent the question to the Law Library website.  I'll post the reply when I receive one.

CoderX10 wrote:

SteinNebraska wrote:

I do believe wrote:

She can indicate in her will of her wish to pass the property to whomever she chooses.  Here's the information:

Thanks for the information! I notice there is no mention if the spouse is a foreigner. In any case we will get wills made.

That does beg the question though - a foriegner cannot buy farm land without a Vietnamese but if that Vietnames purchase partner dies can the remaining foriegner become sole owner of farmland in Vietnam?

Like you I wasn't all that concerned about it as I'm older but I guess we should know what will happen.

The person inheriting the land has to be eligible to own land under Vietnamese law. As a foreigner, its a no go.

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

Budman1 wrote:

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

A foreign-invested enterprise is not an individual foreigner.  The former has land use rights, the latter doesn't.  That's the reason Colin asked SteinNebraska whether the land he purchased was under his company's name (post #15).

Ciambella wrote:

Budman1 wrote:

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

A foreign-invested enterprise is not an individual foreigner.  The former has land use rights, the latter doesn't.  That's the reason Colin asked SteinNebraska whether the land he purchased was under his company's name (post #15).

Ok, let me clarify. In the situation of "I do believe," if he purchased the land with his VN wife and both of them are on title, currently their LUR is for "long term use" similar to rights of a Vietnamese citizen. Once she passes, if she does not have a will, her 50% share of the land will go to her son. If she has a will and designated her share of the land to "I do believe" then the pink book will be converted to lease land for 50 years as "I do believe" is a foreigner.

Ciambella wrote:

Budman1 wrote:

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

A foreign-invested enterprise is not an individual foreigner.  The former has land use rights, the latter doesn't.  That's the reason Colin asked SteinNebraska whether the land he purchased was under his company's name (post #15).

That's true Ciambella, however I think you'll find out that although he can't obtain the LUR of the property he can be willed  the value of that property. Which then entitles him to sell, trade or barter the property to a person that can obtain the LUR. The correct wording in the will is extremely important for this to happen.
Rick

Ciambella wrote:

Budman1 wrote:

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

A foreign-invested enterprise is not an individual foreigner.  The former has land use rights, the latter doesn't.  That's the reason Colin asked SteinNebraska whether the land he purchased was under his company's name (post #15).

It was purchased jointly under my and my wife's name, not company name.

CoderX10 wrote:

Ciambella wrote:

Budman1 wrote:

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

A foreign-invested enterprise is not an individual foreigner.  The former has land use rights, the latter doesn't.  That's the reason Colin asked SteinNebraska whether the land he purchased was under his company's name (post #15).

Ok, let me clarify. In the situation of "I do believe," if he purchased the land with his VN wife and both of them are on title, currently their LUR is for "long term use" similar to rights of a Vietnamese citizen. Once she passes, if she does not have a will, her 50% share of the land will go to her son. If she has a will and designated her share of the land to "I do believe" then the pink book will be converted to lease land for 50 years as "I do believe" is a foreigner.

I agree CoderX10, but the way "I do believe" wrote his post it sounds like he brought the property for her before marriage ( Sweet things do that stuff on purpose) and at that point it's not considered common property by VN law and he has no entitlement to it without her willing it to him. Which it sounds like he is already concerned about and rightly so.
Rick

For me, on the slimmer chance that she would die before me I'm fine with it going to her daughter (she doesn't have a son so not sure if that is significant).  I'd likely not do anything with it in the future so she would take it.  Now when we additionally acquire a fairly expensive house later this year in HCMC that might be a different story.

SteinNebraska wrote:

For me, on the slimmer chance that she would die before me I'm fine with it going to her daughter (she doesn't have a son so not sure if that is significant).  I'd likely not do anything with it in the future so she would take it.  Now when we additionally acquire a fairly expensive house later this year in HCMC that might be a different story.

Homey I've been reading your posts over the last year or so and it sounds like everything is peaches, cream and red roses with you and her so please take this for what it's worth. BEFORE you start any thing, any thing, first find an English speaking lawyer that's not Vietnamese to do all the paperwork from A to Z. Saigon has plenty of them and there's also a list provided by the U.S. Consulate that has names and phone numbers that you can contact. Make sure you and your wife both agree to what's going on, who's entitled to what and that every document is certified in both English and Vietnamese. Your main concern should be the names on the pink book, only her and you, and absolutely no relatives names or references to them on any of the documents. Your talking serious business here and trust has't got any play in it.

Rick

SteinNebraska wrote:

Ciambella wrote:

Budman1 wrote:

That's not a correct statement.

https://vietnamlawmagazine.vn/rights-fo … -3290.html

Rick

A foreign-invested enterprise is not an individual foreigner.  The former has land use rights, the latter doesn't.  That's the reason Colin asked SteinNebraska whether the land he purchased was under his company's name (post #15).

It was purchased jointly under my and my wife's name, not company name.

Do have the actual govt paperwork in both names or just the hand written contract between buyer and seller that is so common in the countryside.

Budman1 wrote:

Homey I've been reading your posts over the last year or so and it sounds like everything is peaches, cream and red roses with you and her so please take this for what it's worth. BEFORE you start any thing, any thing, first find an English speaking lawyer that's not Vietnamese to do all the paperwork from A to Z. Saigon has plenty of them and there's also a list provided by the U.S. Consulate that has names and phone numbers that you can contact. Make sure you and your wife both agree to what's going on, who's entitled to what and that every document is certified in both English and Vietnamese. Your main concern should be the names on the pink book, only her and you, and absolutely no relatives names or references to them on any of the documents. Your talking serious business here and trust has't got any play in it.

Rick

Advice appreciated and accepted at face value.  Of course none of us knows what is going to happen in the future and for that contingency one must be prepared.  For sure the new house will be done that way.  The farm wasn't expensive and it's already done so nothing to do on that front.  Nobody else is or will be listed on any property besides the two of us and that isn't an issue at all with her.   I've got a business and real estate lawyer that I have worked with already and will use his services for a house or land purchase.  Pretty sure the next one bought will be bare land to build when I retire and we return.  While future appreciation isn't guaranteed I'm hesitant to wait to buy until we return in five years due price increases and the money is already here in the bank so might as well invest it.  Plus I don't really want to buy a finished house and have it sit vacant or rent it out so bare land it is.  She also didn't have any issue selling her house and putting the funds into a joint bank account to use towards the next place.  We have been together for more than two years and I feel comfortable with the current relationship.

colinoscapee wrote:

Do have the actual govt paperwork in both names or just the hand written contract between buyer and seller that is so common in the countryside.

This.  It will be a few years before they issue a pink book.  The government has been working its way around the lake in our area reviewing the hand contracts or without those trying to determine ownership with any other means or longevity of living there and issuing pink books.  Our hand contract is signed and stamped by a local government official and lists a drawing of the property and GPS coordinates of the corner posts which should help when they get around to ours.  Also the previous owner has owned it for around 20 years which is easier to substantiate than a property that has changed hands recently or several times.  Finally the seller is a friend of the family and lives in the area so contacting her isn't a problem.

My father in law just got his a year or two ago for his farm and they have lived there around 18 years.  My brother in law estimated it would be five years or so to get ours based on how the government is progressing.

SteinNebraska wrote:

colinoscapee wrote:

Do have the actual govt paperwork in both names or just the hand written contract between buyer and seller that is so common in the countryside.

This.  It will be a few years before they issue a pink book.  The government has been working its way around the lake in our area reviewing the hand contracts or without those trying to determine ownership with any other means or longevity of living there and issuing pink books.  Our hand contract is signed and stamped by a local government official and lists a drawing of the property and GPS coordinates of the corner posts which should help when they get around to ours.  Also the previous owner has owned it for around 20 years which is easier to substantiate than a property that has changed hands recently or several times.  Finally the seller is a friend of the family and lives in the area so contacting her isn't a problem.

My father in law just got his a year or two ago for his farm and they have lived there around 18 years.  My brother in law estimated it would be five years or so to get ours based on how the government is progressing.

Yeah my father inlaw has been waiting 25 years for his.

Budman1 wrote:

That's true Ciambella, however I think you'll find out that although he can't obtain the LUR of the property he can be willed  the value of that property. Which then entitles him to sell, trade or barter the property to a person that can obtain the LUR. The correct wording in the will is extremely important for this to happen.
Rick

Yep.  That's precisely what I thought when i read the Vietnamese wording of the law, and that's what I mentioned in the query I sent to the Law Library this morning,

I do believe wrote:

She can indicate in her will of her wish to pass the property to whomever she chooses.  Here's the information:

Thanks for the information! I notice there is no mention if the spouse is a foreigner. In any case we will get wills made.

The last information I got on this matter from a Vietnamese lawyer: other relatives, e.g. also her parents will get 25%, which cannot be excluded by a will.

Thanks everyone for the input. It seems, if my wife dies before me, I will be homeless. Most of her family don't care much for me and are predatory. In the natural order of things I will die long before my wife and I dearly hope that is the way it works out.