Lawyer Nguyen Thi Hoai Anh, YouMe Law Firm LLC replied:
Clause 1 and Clause 2, Article 3 of Decree No. 95/2024/ND-CP detailing a number of articles of the Housing Law (effective from August 1, 2024) stipulate documents proving subjects and conditions for owning houses in Vietnam as follows:
1. Documents proving that the subject is an organization that owns housing in Vietnam are stipulated as follows:
a) For domestic organizations, there must be a Certificate of Business Registration or Certificate of Investment Registration or documents proving the establishment of the organization issued by a competent authority in accordance with the provisions of law;
b) For foreign organizations investing in housing construction projects in Vietnam, they must have an Investment Registration Certificate in accordance with the provisions of the law on investment;
c) For foreign organizations not subject to the provisions of Point b, Clause 1 of this Article, they must have an Investment Certificate or Investment Registration Certificate or documents issued by a competent authority of Vietnam permitting their operation or establishment in Vietnam that are still valid at the time of signing the housing transaction (hereinafter referred to as the Investment Registration Certificate).
2. Documents proving that the subject is an individual who owns a house in Vietnam are stipulated as follows:
a) For individuals who are Vietnamese citizens, they must have an identity card or passport or other valuable documents proving Vietnamese nationality;
b) For people of Vietnamese origin residing abroad, they must have a foreign passport or valid international travel documents according to the law on entry and exit and documents confirming their Vietnamese origin according to the law on nationality;
c) For foreign individuals, they must have a foreign passport and a written commitment that they are not entitled to diplomatic or consular privileges and immunities.
Thus, from August 1, 2024, documents proving that subjects are eligible to own houses in Vietnam include the documents according to the regulations cited above.
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