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The provisions of the 2013 Land Law stipulate that land users include Vietnamese residing overseas or foreign organizations if having investment projects with land use rights in Vietnam.
According to the provisions of Article 5 of the 2013 Land Law: “Land users are allocated or leased land by the State, recognized land use rights and received land use right transfer in accordance with this Law, including:
1. Domestic organizations include state agencies, people's armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations and commune organizations. associations, socio-professional organizations, public non-business organizations and other organizations according to the provisions of civil law (hereinafter collectively referred to as organizations);
2. Domestic households and individuals (hereinafter referred collectively to as households and individuals);
3. Population community includes the Vietnamese community living in the same area of a village, village, hamlet, village, hamlet, squirrel, population group and similar residential area with similar customs, practices or having same lineage;
4. Religious establishments include pagodas, churches, chapels, holy houses, cathedrals, Buddhist receptions, monasteries, religious training schools, offices of religious organizations and other religious establishments ;
5. Foreign organizations with diplomatic functions, including diplomatic missions, consulates and other foreign representative offices with diplomatic functions recognized by the Vietnamese Government; representative offices of United Nations organizations, intergovernmental agencies or organizations, representative offices of intergovernmental organizations;
6. Vietnamese residing overseas in accordance with the law on nationality;
7. Foreign-invested enterprises include enterprises with 100% foreign-invested capital, joint-venture enterprises and Vietnamese enterprises that foreign investors purchase shares from, merge with or acquire according to law provisions. laws on investment. ”
Therefore, according to the above provisions, foreigners only have the right to own houses in two forms of housing construction investment under projects in Vietnam according to the provisions of this Law and relevant laws; purchase, hire-purchase, donation, inheritance of commercial houses, including condominium apartments and separate houses in housing construction investment projects, except for areas of national defense and security according to regulations. government.
Accordingly, your friend will be entitled to own the house if he has all documents proving the object and meets the house ownership conditions prescribed in Decree 99/2015 / ND-CP as follows:
"Article 74. Papers proving the object and condition of house ownership in Vietnam
For foreign individuals, they must have valid passports affixed with stamps of the immigration control of the Vietnamese immigration authority and not entitled to diplomatic privileges and immunities under French regulations. orders on privileges and immunities for diplomatic missions, consular offices and representative offices of international organizations in Vietnam. "
Clause 2, Article 76 of the Government's Decree 99/2015 / ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Housing Law: "Foreign organizations and individuals belonging to eligible to own houses in Vietnam are only allowed to buy, lease-purchase houses of investors in housing construction projects, buy houses of foreign organizations and individuals specified at Point b, Clause 4, Article 7. of this Decree and only receive, inherit or donate houses of households, individuals or donate houses of organizations in the number of houses as prescribed in Clause 3, Clause 4 of this Article in housing investment projects are permitted to own; in case foreign organizations and individuals are donated or inherited houses in Vietnam but are not eligible for ownership For houses in Vietnam, the settlement shall comply with the provisions of Article 78 of this Decree ".
Thus, foreigners are allowed to buy, rent-purchase, receive as gifts, inherit commercial houses, including condominium apartments and separate houses in housing construction investment projects, except for areas where national security is ensured. rooms, security according to the Government's regulations. Foreign organizations and individuals may own no more than 30% of the total number of apartments of an apartment building; In cases where an area with a population equivalent to a ward-level administrative unit has many apartment buildings for sale or lease-purchase, foreign organizations and individuals may own no more than 30% of the apartments. of each apartment building and not more than 30% of the total number of apartments of all these apartment buildings.
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