Married foreigner wants to buy condo

@Jeff73 can be either you

it can done by yourself, but having in mind how nuclear are family in the vietnamese culture, it doesn't matter who is the principal owner as long as you include your ID and relationship in the purhase process. In fact, it will be always easier in her name if you don't want to suffer with paperwork, consular stamped certificates, translations, bank loans, etc, etc.

@Jeff73 According to Vietnamese laws, foreigners are allowed to own residential properties in Vietnam, however, there are some restrictions related to the type of property and the location. As for your situation, you can purchase a condominium in your name only, without your wife's name being on the property, as the ownership of the two properties would be separate. However, it is always advisable to consult with a local real estate lawyer and seek professional advice on legal matters.

Keep in mind that VN is a community property State so it doesn't matter whose name is on the contract or deed, your spouse owns half of it and you would need her authorization to complete the selling process.

@Jeff73

All foreigners are entitled to buy a commercial apartment (not residential which is meant for locals and the price is low) under their own name.

In your case, you can buy under your name or your spouse's name or with joint name. However, Vietnamese Family Law consider it as family property (properties bought after marriage) and a 50% each will go to both the husband and wife in case there is a divorce, unless you cannot prove the source of income was only from you before the marriage! 

@Yoda0807

I agree but t believe the law is different when one of the parties is a foreigner.  It makes it very hard for the foreign party to get anything. They want to award most of it to the Vietnamese citizens family even if everything was the other parties funds

@Jeff73

Like many Vietnamese friends remind us on social media when they angry - "This is our country"!

@Yoda0807
I agree but t believe the law is different when one of the parties is a foreigner. It makes it very hard for the foreign party to get anything. They want to award most of it to the Vietnamese citizens family even if everything was the other parties funds
-@Jeff73

Hi there, Jeff73.

I'm genuinely curious as to the source of the information in your post, and would appreciate the opportunity to review those source(s).

I believe my response to expat.com member trangeorges might be of interest to you.(link)

The responses from members Yoda0807 and from charmavietnam are correct.

All foreigners are entitled to buy a commercial apartment (not residential which is meant for locals and the price is low) under their own name.
-@charmavietnam

By "residential", I assume you meant a house (condominiums and apartments, as well as houses, are all zoned as being "residential").

My understanding is that a foreigner can indeed purchase a house, provided it is a new build. This would include a house built by the foreigner themselves.

Happy to be corrected on this if I am wrong.

@Aidan in HCMC

This source is our bank where we have most of our funds in my wife's name. In case of the death of a spouse between Vietnamese citizens the funds go to the beneficiary the surviving spouse but in our case if my wife were to pass because I'm not Vietnamese citizen the funds are split between her family and children and myself leaving me with one third of the funds which to me is unacceptable. She would receive the entire amount upon my death but I would receive one third upon hers.

@Aidan in HCMC
This source is our bank where we have most of our funds in my wife's name. In case of the death of a spouse between Vietnamese citizens the funds go to the beneficiary the surviving spouse but in our case if my wife were to pass because I'm not Vietnamese citizen the funds are split between her family and children and myself leaving me with one third of the funds which to me is unacceptable. She would receive the entire amount upon my death but I would receive one third upon hers.
-@Jeff73

You need to be more specific about the "funds."

Is it money you and your wife accumulated?

You will have to share it with her kids, but not her parents.

This is my money from before our marriage that's been wired from my bank accounts in the US to an account in her name. None of the funds were accumulated after the marriage. All of it was before. I would think I could just get an attorney to draw up documents making me the only beneficiary

This source is our bank where we have most of our funds in my wife's name. In case of the death of a spouse between Vietnamese citizens the funds go to the beneficiary the surviving spouse but in our case if my wife were to pass because I'm not Vietnamese citizen the funds are split between her family and children and myself leaving me with one third of the funds which to me is unacceptable. She would receive the entire amount upon my death but I would receive one third upon hers.
-@Jeff73

Yogi would have definitely had something to say about that! 😁

i wonder how authorative are these comments on this thread. unless vietnamese law of property changes, but i thought a foreigner can not obtain the "red book" or sổ đỏ., like a deed. designating ownership. can somebody have more updated official vietnamese government information on this.

From my understanding is that you cannot buy but you actually lease for 50 years with a maybe 50-year extension. If you are married to too a Vietnamese citizen you can have your name on the red book.

@Aidan in HCMC
This source is our bank where we have most of our funds in my wife's name. In case of the death of a spouse between Vietnamese citizens the funds go to the beneficiary the surviving spouse but in our case if my wife were to pass because I'm not Vietnamese citizen the funds are split between her family and children and myself leaving me with one third of the funds which to me is unacceptable. She would receive the entire amount upon my death but I would receive one third upon hers.
-@Jeff73

It's my understanding that this would be the case where there was no Final Will & Testament.

Did you take the time to read the Family Law Act link I posted?

Article 2. Fundamental principles of the marriage and family regime

2. Marriage between Vietnamese citizens of different nationalities or religions, between religious and non-religious people, between people with beliefs and people without beliefs, and between Vietnamese citizens and foreigners shall be respected and protected by law.

Then,

Section 2. MARRIAGE TERMINATED AS A SPOUSE IS DEAD OR DECLARED TO BE DEAD BY COURT

Article 66. Settlement of property of husband and wife in case a spouse is dead or declared to be dead by a court

Section 3. MATRIMONIAL PROPERTY REGIME (various articles applicable to your situation)

Article 29. General principles of the matrimonial property regime

Article 33. Common property of husband and wife

Article 34. Registration of ownership and use rights for common property

Article 44. Possession, use and disposition of separate property

These are just a couple of pertinent Articles contained within The Act. There are more.

My suggestion to you is to familiarize yourself with the Family Law Act, and then once armed with this knowledge, seek out the services of a solicitor to finalize the paperwork.

Jeff73, please keep us abreast of your progress in these matters. We would certainly appreciate it, and your feedback/tips/observations will help others.

i wonder how authorative are these comments on this thread. unless vietnamese law of property changes, but i thought a foreigner can not obtain the "red book" or sổ đỏ., like a deed. designating ownership. can somebody have more updated official vietnamese government information on this.
-@brian h hoang

I invite you to read this post for clarification.

Jeff73's original post was with reference to the purchase of a condominium.

Which of the comments in this thread, specifically, were you wondering about?

@Yoda0807
I agree but t believe the law is different when one of the parties is a foreigner. It makes it very hard for the foreign party to get anything. They want to award most of it to the Vietnamese citizens family even if everything was the other parties funds
-@Jeff73

From stories I've heard throughout the years and from what I have witnessed personally, unfortunately, when anything of value goes through a Vietnamese's hand it's very high chance we can consider it's no longer ours regardless of the sources of the fund. Family members turn on each other over money is the norm here so what chances do we have as foreign husbands? There are the laws, and there are people interpret the laws. Many instances they are vastly different.

If you have lack of “total” trust for your future well being I would suggest to keep your money where it's. There are plenty of places and countries to invest in properties. Wire/ATM money in every month or so for living expenses. FOMO sometimes will get you into trouble in the long run. Just my 2 cents.

@Jeff73

Ask your wife sign on the a certificate of real estate rejection " Giấy xác nhận từ chối bất động sản". at the notary office that your condominium locates.  The office has will prepare the form for you both, after signing, the property will be your own only. it's solved.

@Ngalevn Thank you for your response🙂

Well, as a foreigner husband; every time my wife buys a property, I am asked to sign a form stating "I have no ownership nor interests in that property". And an officer will try explain that to me in broken English. That does simplify matters and very clean cut...too..