Insight Hub

By LevelAdvise Legal Team | Ho Chi Minh City

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Introduction

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Vietnamese law permits foreign individuals to own certain types of assets in Vietnam, including residential housing and vehicles, subject to clearly defined statutory conditions. Ownership rights, scope, and duration are regulated to ensure compliance with national land and housing policies.

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This article outlines the applicable legal framework and practical considerations.

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1. Legal Basis

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Foreign ownership of housing and asset registration is primarily governed by:

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• Law on Housing No. 65/2014/QH13

• Law on Land No. 45/2013/QH13

• Law on Road Traffic No. 23/2008/QH12

• Decree No. 99/2015/NĐ-CP guiding the Law on Housing

• Decree No. 100/2019/NĐ-CP (as amended) on administrative sanctions in road traffic

• Relevant circulars of the Ministry of Construction and Ministry of Public Security

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2. Residential Property Ownership by Foreigners

 

​Vietnam’s labor protections for foreign workers are largely the same as for Vietnamese workers. Here are the most important elements of compliance and entitlements:

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General Legal Principle

Under the Law on Land, land in Vietnam is owned by the entire people and managed by the State. Therefore:

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• Foreigners cannot own land-use rights

• Foreigners may own housing structures (apartments/houses) under the Law on Housing​

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Eligible Subjects

Pursuant to Article 159 & Article 160 of the Law on Housing 2014, eligible foreign owners include:

 

a) Foreign Individuals

• Must be legally permitted to enter Vietnam

• Must not enjoy diplomatic or consular immunity

b) Foreign Organizations / Foreign-Invested Enterprises

• Must possess a valid Investment Registration Certificate (IRC) or equivalent legal documentation

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Permitted Forms of Acquisition

Foreigners may acquire housing through:

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• Purchase or lease-purchase from licensed project developers

• Purchase from eligible sellers

• Inheritance

• Gift

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Condition: The property must be located within an approved commercial housing project not designated for national defense or security.

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Types of Property Allowed

Foreigners may own:

• Apartments in condominium buildings

• Detached houses (villas/townhouses) within commercial housing projects

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Foreigners may not own:

• Land plots

• Housing outside commercial projects

• Property in restricted security/defense zones​

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Ownership Caps

As prescribed by Article 161 of the Law on Housing:

• Apartments: ≤ 30% of units in one condominium building

• Detached houses: ≤ 250 houses within a ward-level administrative area

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These limits apply collectively to foreign ownership in the relevant area/project.​

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Ownership Duration

Foreign Individuals

• Up to 50 years from issuance of the ownership certificate

• Possible extension subject to approval

 

Foreign Organizations

• Ownership term aligned with the duration of the Investment Registration Certificate

 

Upon expiry without extension, the property must be transferred or otherwise disposed of in accordance with regulations.

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Special Case – Marriage to Vietnamese Citizen

Foreigners legally married to Vietnamese citizens may obtain:

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• More stable, potentially long-term ownership rights

• Rights comparable to domestic owners (subject to land regulations)

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Rights of Foreign Homeowners

Foreign owners generally have the right to:

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• Reside in the property

• Lease the property (with tax compliance)

• Sell, gift, inherit, mortgage

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3. Vehicle Ownership by Foreigners

Eligibility Conditions

Foreigners may register vehicles under their own name if they hold:

• Permanent Residence Card (PRC); or

• Temporary Residence Card (TRC) with sufficient validity (commonly ≥ 6 months)

 

Short-term visa holders typically cannot complete vehicle registration.

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Legal Basis 

Vehicle registration is regulated under:

• Law on Road Traffic 2008

• Ministry of Public Security regulations on vehicle registration

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Required Documentation

Typical dossier includes:

• Passport

• TRC / PRC

• Proof of residence

• Vehicle purchase invoice / transfer documents

• Tax and registration fee receipts

 

Key Compliance Notes 

• Mandatory civil liability insurance

• Valid Vietnamese driver’s license required for lawful operation

• Imported vehicles subject to additional customs/tax rules

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4. Important Practical Considerations

 

Foreign individuals should carefully assess:

• Legal entry and residency validity

• Ownership quotas within the project

• Ownership term limitations

• Tax obligations (registration fees, PIT on rental/sale)

• Prohibited practices such as nominee arrangements

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Note: Nominee ownership structures are illegal and carry significant legal risk.

 

Insight: In some provinces, TRC cancellation must be reported within 15 days of termination (per Circular 31/2015/TT-BCA). Also, request your termination decision and tax clearance, especially if you plan to re-enter Vietnam or apply for visas elsewhere.

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Final Thoughts

Conclusion

Vietnam allows foreign ownership of residential housing and vehicles, but within a strictly regulated legal framework. Compliance with eligibility conditions, quantitative limits, and procedural requirements is essential to ensure valid and enforceable ownership rights.

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Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Specific cases should be assessed based on the individual’s legal status and prevailing regulations at the time of transaction.

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