Supplementing the steps to get opinions from the Ministry of National Defense and the Ministry of Public Security
Decree 54/2026/ND-CP just issued by the Government has amended and supplemented a number of regulations related to the sale and lease-purchase of houses to foreign organizations and individuals. A noteworthy point is clarifying the responsibility of seeking opinions from the Ministry of National Defense, the Ministry of Public Security and the mechanism for publicizing the list of projects allowed to be sold to foreigners.
According to new regulations, in case a housing construction investment project has not yet consulted the Ministry of National Defense and the Ministry of Public Security when approving the investment policy and the investor has a need to sell or lease-purchase houses to foreign organizations and individuals, this content must be clearly stated in the request document.
On that basis, the Department of Construction will consult the Ministry of National Defense and the Ministry of Public Security before issuing a document notifying that houses formed in the future are eligible for sale or lease-purchase.
The two ministries are responsible for responding within 7 days from the date of receiving the document from the Department of Construction. The document notifying eligibility for sale or lease-purchase must clearly state the results according to the opinions of the Ministry of National Defense and the Ministry of Public Security.
In case after having a written notice of eligibility, the investor has a need to sell to a foreign organization or individual, it must send a written request to adjust or supplement this content.
This regulation clarifies the handling process in cases where national defense and security factors have not been considered in the previous stage.
Publicize the list of projects allowed to be sold to foreigners
The Decree also amends regulations on the responsibilities of provincial-level People's Committees in determining and publicizing the list of projects in which foreign organizations and individuals are allowed to own houses.
Based on the notice of the Ministry of National Defense and the Ministry of Public Security on areas that need to ensure national defense and security, the Provincial People's Committee is responsible for determining the list of housing construction investment projects in the area that foreign organizations and individuals are allowed to own and publicly announcing them on the local electronic information portal.
This list is also sent to the provincial-level housing management agency for posting on the Electronic Information Portal of this agency.
In case the list has not been identified and made public, but the investor has a need to sell housing to foreign organizations and individuals, the investor can choose to request opinions from the Ministry of National Defense and the Ministry of Public Security when carrying out procedures to approve the investment policy or when carrying out procedures to notify that housing formed in the future is eligible for sale or lease-purchase.
Clarify local authority
In addition to supplementing the process of collecting opinions, the Decree also stipulates that in cases where a project has a part of the area outside the area that needs to ensure national defense and security, the Provincial People's Committee shall determine the area that foreign organizations and individuals are entitled to own, ensuring compliance with the notice of the Ministry of National Defense and the Ministry of Public Security.
Clearly defining the responsibility of localities in identifying and publicizing the list of projects allowed to be sold to foreigners is considered a step to concretize the management mechanism, while ensuring consistency between planning, security factors and real estate business activities.
The Decree takes effect from February 9, 2026.
