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Cost of constuction for a house?

khanh44 wrote:

I have something called a Certificate of Visa Exemption that is good until January 2017. Don't know if it's the same as the VEC you alluded to.

Yes, same thing.

Jaitch wrote:
khanh44 wrote:

Complicated indeed. How would this work out for me if my spouse is a Vietnamese citizen?

Or would it just be easier to re-claim my Vietnamese citizenship?

Reclaim your citizenship, anyway, always good to have more than one passport.

The only time you don't want a passport is if you lose another in the process, unless it's North Korean.

Don't know if it will negatively impact the sponsorship application but I'm hesitant to re-claim my Vietnamese citizenship until after my fiance's sponsorship is approved.

Jaitch wrote:

Look at the casino in Nha Trang - USD$10-million crossed hands, but then they caught the guy.

Could you plz explain more about what you implied ? I don't know anything about the casino you mentioned.

khanh44 wrote:

I have something called a Certificate of Visa Exemption that is good until January 2017. Don't know if it's the same as the VEC you alluded to.

It means you just get the Certificate in 2012?

Nhi wrote:
khanh44 wrote:

I have something called a Certificate of Visa Exemption that is good until January 2017. Don't know if it's the same as the VEC you alluded to.

It means you just get the Certificate in 2012?

Yes, had to renew my passport. The guy at the airport saw my VEC and straight out asked for some coffee money lol. I looked him straight in the eye and firmly told him no in English. 

3 years ago I didn't have the VEC and went in and out Vietnam airport at least 4 times without any hassle.

khanh44 wrote:

3 years ago I didn't have the VEC and went in and out Vietnam airport at least 4 times without any hassle.

When he saw the VEC, he thought that you are spouses or offspring of Vietnamese citizens or Vietnamese residing overseas. But I also don't understand why he did like that, why he want a tea money from people like you.

Nhi wrote:
khanh44 wrote:

3 years ago I didn't have the VEC and went in and out Vietnam airport at least 4 times without any hassle.

When he saw the VEC, he thought that you are spouses or offspring of Vietnamese citizens or Vietnamese residing overseas. But I also don't understand why he did like that, why he want a tea money from people like you.

From what I understand some years ago Vietnam supposedly abolished accepting tea money so that the country can be more welcoming to foreigners. And probably has something to tie in with being accepted in the World Trade Organizations. So if you look Native English speaking they usually won't bother you from what I gather.

Back to the topic at hand. Been going through many real estate listings in Vietnam. I think buying a house would be more appropriate. Seems there's not much price difference between leasing land and building your house on it as opposed to purchasing the house.

So my question is if I purchased the house and get the house certificate I assume that the land also comes with it and all the appropriate documents to show I own the right to the land?

Khanh44,

As a general rule the passport officers no longer bother those with non Vietnamese passports any longer. The ones you really have to look out for are the ones at baggage control especially if your baggage is in cardboard boxes. I am as white as snow and they have ding me twice. Although I don't mind paying them the tea and coffee money I usually make them work for it. by arguing for about 20-30 minutes.

According to Resolution No 19/2008/QH12 dated June 3, 2008 issuing by THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM:

- Residential houses which foreign organizations and individuals are allowed to purchase and own are apartments built under projects on development of residential houses for commercial purposes and not located in areas in which residence or travel by foreigners is restricted or banned.

The following foreign organizations and individuals are allowed to purchase and own residential houses in Vietnam:

1. Foreign individuals who make direct investment in Vietnam under the investment law or are hired to work as managers by enterprises operating in Vietnam under the enterprises law, including domestic enterprises and foreign-invested enterprises:

2. Foreign individuals who have made contributions to Vietnam and are conferred orders or medals by the President of the Socialist Republic of Vietnam; foreign individuals who have made special contributions to Vietnam as decided by the Prime Minister:

3. Foreign individuals who are working in socio-economic domains and posses, university or higher degrees; and specialists in field which Vietnam has demand for,

4. Foreign individuals who marry Vietnamese citizens;

5. Foreign-invested enterprises which are operating in Vietnam under the investment law but not engaged in real estate business, and wish to purchase residential houses for their employees.


Before being allowed to purchase and own residential houses in Vietnam, the above must satisfy the followings:

     + The 1,2,3,4 above  must be residing in Vietnam, permitted by competent state agencies to reside in Vietnam for at least one year, and ineligible for diplomatic or consular privileges and immunities under Vietnamese law.


      + The 5 above must possess investment certificates or written certifications of investment activities as appropriate to investment forms specified by the investment law granted by a competent Vietnamese state agency.

Addition things foreign individuals should know when deciding to buy house in Vietnam:

- Just can own residential houses for maximum 50 years from the date of grant of residential house ownership certificates.

-  Within twelve months after the expiration of the duration of owning residential houses in Vietnam, you shall sell or donate these houses

- At a time, a foreign individual may own only one apartment in a commercial housing development project. If you want to buy another department, you shall sell that department first.

-  You can sell or donate residential houses under your ownership twelve months after you are granted residential house ownership certificates. You can sell/donate it earlier if you can not continue to stay in Vietnam any more

- To use residential houses only for the residential purpose, not to use residential houses for lease, as working offices or for other purposes:

Nhi there was a change to that around May 2010. I have it some where and will post it later. Mostly the changes relate to Viet Kieu and VEC's.

Budman1 wrote:

Nhi there was a change to that around May 2010. I have it some where and will post it later. Mostly the changes relate to Viet Kieu and VEC's.

Are you referring to Decree No 71/2010/ND-CP dated June 23,2010 on DETAILING AND GUIDING THE IMPLEMENTATION OF THE HOUSING LAW and Circular No 16/2010/TT-BXD dated September 01,2010 on SPECIFYING AND GUIDING SOME CONTENTS OF THE GOVERNMENT'S DECREE NO. 71/2010/ND-CP ?

The Resolution No 19 is still valid. The matters are  what the definition of "Foreign Individual" is and what the definition of the "Viet Kieu" is. How about your opinion Budman1 ?

Nhi yes I think that's the one we used. I wish I could find the gov site I downloaded it from. There was specific guidance on Viet-Kieu and VEC's in the official version. Still looking.

I have 2 documents I mentioned above

Nhi this is what I was looking for:

. Vietnamese residing overseas Vietnamese origin, but other than those specified in paragraph 2 of this Article if the papers specified at Point b, Clause 1 of this Article and visa exemption certificate issued by the competent of Vietnam shall have the right to own a private house or an apartment in Vietnam.

If this object is to own houses in Vietnam that are inherited or donated to another house only choose to own a house; house for rest, have the right to give or sell to subjects to own houses in Vietnam to enjoy value as prescribed in Article 72 of this Decree.

Nhi here's another link that Anatta provide a while back:


http://kieubaoviet.vn/cncs/138-Huong-da … t-Nam.html

As you see, that doesn't conflict with provisions of Resolution No 19. We can rewrite the provision above in way that is more clearly and more sufficient  as followings:

1. you hold a foreign  passpost and also possess a valid Vietnamese passport; or

2. you hold a foreign passport and have one of the papers evidencing their Vietnamese nationality under the nationality law

If you satisfy the 1 or the 2 above, you can own (an unlimited number of) houses in Vietnam through purchase, donation or inheritance, or exchange of houses or transfer of residential land use rights under housing development projects of real estate trading enterprises (for projects in areas where transfer of land use rights through sale of groundwork is permitted under the land law) to build houses for yourself and your family members in Vietnam

If you can not satisfy the 1 and the 2 above, But you possess a foreign passport together with a written certification of your Vietnamese origin issued by a competent Vietnamese authority (You have certification of your Vietnamese origin doesn't mean that you have VEC, and you have VEC doesn't mean that you have certification of you Vietnamese origin, although mostly people have them together), you can own (an unlimited number of) houses in Vietnam through purchase, donation or inheritance, or exchange of houses or transfer of residential land use rights under housing development projects of real estate trading enterprises (for projects in areas where transfer of land use rights through sale of groundwork is permitted under the land law) to build houses for yourself and your family members in Vietnam if you can satisfy one of the followings:

- Make direct investment in Vietnam under the investment law and possess an investment or business registration certificate issued by a competent Vietnamese authority:

- Make contributions to the country, including: (1) entitled to incentives under the Ordinance on Preferential Treatment of People Who Rendered Meritorious Services to the Revolution and having papers evidencing your entitlement to preferential treatment issued by a competent Vietnamese authority; or (2) you have records and achievements in the cause of national liberation or construction and awarded an order or a medal by the President or a certificate of merit by the Prime Minister; or (3) you are members of executive committees of Vietnamese socio-political organizations and the Vietnam Fatherland Front Committees at the provincial or higher level and being certified by those organizations; or (4) you are members of central executive committees of associations, key figures of movements and organizations of overseas Vietnamese having relations with the homeland and those making active contributions or assistance to Vietnam's overseas representative agencies or external activities overseas and being certified by the State Committee for Overseas Vietnamese or Vietnamese overseas diplomatic missions;

- Be culturists and scientists, means: (1) you hold Vietnamese or foreign academic titles or degrees in science, education, culture and arts, physical training and sports, and economic and social experts working in Vietnam;  AND (2) you must be invited by leaders of the Party or the State, ministers, heads of ministerial-level agencies or government-attached agencies, chairpersons of provincial-level People's Committees, heads of universities, colleges, academies or research institutes of Vietnam to work as experts, collaborators or lecturers for these agencies or organizations and such invitation is certified by the agencies or organizations concerned;

- Possess special expertise or skills with certificates of your expertise or skills issued by Vietnamese professional associations or ministerial-level agencies in charge of such expertise or skills together with permits for professional practice in Vietnam issued by a competent Vietnamese authority (for cases in which such permits are required by law) or work permits issued by a competent Vietnamese authority (for cases in which professional practice permits are not required);

- Have a Vietnamese spouse living at home and possess a marriage certificate issued by a competent Vietnamese or foreign authority enclosed with the permanent residence book and identity card of your Vietnamese spouse.

If you hold a foreign passport together with a written certification of your Vietnamese origin issued by a competent Vietnamese authority but you can not satisfy one of the above. So you can own a detached house or an apartment in Vietnam (only one house) if you have a VEC issued by a competent Vietnamese authority

This post has been very informative yet confusing. I've stayed up all night trying to understand Vietnamese real estate laws in relation to a foreigner such as myself.

I own a couple rental properties here in Canada and trying to figure out how to go about lease/purchase some land and houses in Vietnam is complicated enough let alone trying to figure out the tax implications too.

Here's a simple question I could probably ask my relatives but I'll ask here anyways. Do home owners in Vietnam pay property taxes? And if so how much is it usually.

I think one of the great advantage of owning a house in Vietnam is no more gas bills lol.

Nhi it also say in regards to your last line ref the VEC that you need to have

"Temporary residence certificates - head on your passport for the duration of temporary residence in Vietnam from three months or more."

The court down here in Hau Giang interpreted that as our three month extension when granting us our land use certification and the pink paper for the house.

Budman1 wrote:

"Temporary residence certificates - head on your passport for the duration of temporary residence in Vietnam from three months or more."

That was said in Article 67 of Decree 71, they called it Papers evidencing overseas Vietnamese's residence in Vietnam

Decree 71
http://moj.gov.vn/vbpq/Lists/Vn%20bn%20 … emID=25426

Circular 16

http://moj.gov.vn/vbpq/Lists/Vn%20bn%20 … emID=25710

This is what I was looking for today:


http://www.moj.gov.vn/vbpq/en/Lists/Vn% … emID=10469

Budman1 wrote:

This is what I was looking for today:


http://www.moj.gov.vn/vbpq/en/Lists/Vn% … emID=10469

To understand the law on the link, you should read from Article 62 to Article 72 of Decree 71

Budman1 wrote:

This is what I was looking for today:


http://www.moj.gov.vn/vbpq/en/Lists/Vn% … emID=10469

Budman1,

If I read that correctly than the spouse can also be on the ownership documents. Is that the way you read it?

Parmyd I wish that was the case. No that won't work for us. Only if the spouse was also Viet-kieu would they add the name to the housing/land documents. What my wife did was a separate document with an gov office that kind of looks like a will in western terms. Then that's add as an addendum to the other paperwork with my name on it.

khanh44 There is one word in the below that really have to watch when your buying land here:

Article 2. To amend and supplement Article 121 of the Land Law as follows:

"Article 121. Right and obligation to use residential land of overseas Vietnamese eligible to own houses in Vietnam.

As far as taxes go it doesn't appear to follow a set pattern or time. 4 years ago the tax man asked for 800,000VND the year after that it was 1milVND. Haven't seen the guy since then. Maybe because I asked too many questions the last time. Remember guy, I'm way the heck out in the sticks so things that you city folks do us country folks don't.

Thanks. I was born in Can Tho. I have lots of family relatives there but I don't see too much investment opportunity there. If I had to pick a place to reside it would definitely be Can Tho.

I read somewhere that foreigners can only purchase one residential property to be used only for residing and not for other commercial purposes.

article is 2 years ago

Khanh44 the article you posted above is about this

http://www.intereal.vn/tabid/97/zone/29 … fault.aspx

Nhi wrote:

Khanh44 the article you posted above is about this

http://www.intereal.vn/tabid/97/zone/29 … fault.aspx

Nhi, thanks for the link. I owe you coffee. It got lots of real estate listings.

Hi,

Please note that off topic posts have been moved from the thread.
The topic is not about the Vietnam war.

Thanks
Armand

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lohteanhin wrote:

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