Decree No. 81/2001/ND-CP dated November 05, 2001 of the Government on purchase of dwelling houses in Vietnam by overseas Vietnamese

DECREE

ON PURCHASE OF DWELLING HOUSES IN VIETNAM BY OVERSEAS VIETNAMESE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the October 28, 1995 Civil Code;

Pursuant to the June 29, 2001 Law Amending and Supplementing a Number of Articles of the Land Law;

At the proposal of the Minister of Construction,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Scope of regulation

This Decree provides for subjects, conditions and procedures for the purchase of dwelling houses associated with residential land use right; the management of the use of dwelling houses and residential land; the rights and obligations of dwelling house owners being overseas Vietnamese after buying dwelling houses under the provisions of this Decree.

Article 2.-Overseas Vietnamese

Overseas Vietnamese prescribed in this Decree are Vietnamese citizens and people of Vietnamese origin, who permanently reside and earn their living in foreign countries as already provided for in the January 1, 1999 Law on Vietnamese Nationality.

Article 3.-Subjects entitled to buy dwelling houses

1. Overseas Vietnamese being one of the following subjects who satisfy all the conditions prescribed in Article 6 of this Decree shall be entitled to buy dwelling houses associated with residential land use right in Vietnam:

a/ People returning for long-term investment in Vietnam;

b/ People rendering meritorious services to the country;

c/ Cultural activists and scientists wishing to return for regular activities in Vietnam;

d/ People wishing to return to live a stable life in Vietnam.

2. Subjects entitled to buy dwelling houses prescribed in Clause 1 of this Article may own only one house to reside in (apartment, house or villa).

Article 4.-Regarding the dwelling house ownership right and residential land use right

Overseas Vietnamese eligible for purchase of dwelling houses associated with residential land use right in Vietnam under the provisions of this Decree shall, after completing all house purchase procedures, be granted the certificates of dwelling house ownership and residential land use right.

Chapter II

DWELLING HOUSE PURCHASE AND SALE CONDITIONS AND CONTRACTS

Article 5.-Specific provisions on subjects entitled to buy dwelling houses

Subjects entitled to buy dwelling houses mentioned in Article 3 of this Decree are specified as follows:

1. People returning for long-term investment in Vietnam are those directly engaged in investment activities under the provisions of the Law on Foreign Investment in Vietnam or the Law on Domestic Investment Promotion and granted investment licenses or business registration certificates by the competent State agencies.

2. People rendering meritorious services to the country, including:

a/ People enjoying preferential treatment under the provisions of the August 29, 1994 Ordinance on Preferences for Revolutionaries, Fallen Combatants and their Families, War Invalids, Diseased Soldiers, Resistance War Activists and People with Meritorious Services to the Revolution.

b/ People with meritorious contributions to the cause of national liberation and/or construction, who have been awarded orders or medals by the State President or the Government; certificates of merit by the Prime Minister, or medals for the branches cause, by the president of the Presidium of Vietnam Fatherland Front’s Central Committee or ministers or heads of the central branch- managing agencies;

c/ People joining the executive boards of Vietnam’s socio-political organizations of the provincial, municipal or higher level, as certified by such socio-political organizations; people elected to the executive boards of the Central Committees of Associations, people being the core of the movements or organizations of overseas Vietnamese that maintain contacts with the country through the Committee for Overseas Vietnamese and people with contributions to and active support for Vietnamese representations or Vietnam’s external activities in foreign countries, as certified by overseas Vietnamese representations.

3. Cultural activists, scientists and experts returning for regular activities in Vietnam, including:

a/ Cultural activists and scientists having been conferred Vietnamese or foreign academic titles and/or degrees in the fields of science, education, culture and arts;

b/ Experts in the socio-economic domains.

Subjects mentioned at Points a and b of this Clause must be invited by Party or State leaders, ministers, heads of the ministerial-level agencies or agencies attached to the Government or presidents of the People’s Committees of the provinces or centrally-run cities, to return to Vietnam and work as scientific, educational, cultural or artistic experts or collaborators, with certification by leaders of the inviting bodies;

4. Overseas Vietnamese filing applications for returning to live a stable life in Vietnam and getting approval thereof from the competent authorities of the Vietnamese diplomatic missions.

Article 6.-Conditions for being entitled to buy dwelling houses in Vietnam

Overseas Vietnamese being subjects defined in Article 5 of this Decree must be those who return for permanent or temporary residence in Vietnam and have all the following papers:

1. Valid passports granted by Vietnam or valid passports or papers granted by foreign countries. If using valid foreign passports or papers, they must have either Vietnamese nationality certificates, certificates of Vietnamese nationality loss or citizenship registration certificates.

2. Writers certifications by the competent State agencies that they are subjects defined in Article 5 of this Decree.

Article 7.-Dwelling house purchase and sale contracts

The dwelling house purchase and sale contracts shall be made in writing and certified by State notary public or authenticated by competent State agencies.

The dwelling house purchase and sale prices shall be agreed upon by concerned parties and inscribed in the contracts.

Chapter III

RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE REGARDING DWELLING HOUSES PURCHASED IN VIETNAM

Article 8.-Granting of dwelling house ownership right and residential land use right certificates

Overseas Vietnamese shall, after completing dwelling house purchase procedures, be granted the dwelling house ownership right and residential land use right certificates by the People’s Committees of the rural or urban districts, provincial capitals or cities (hereafter referred collectively to as the district-level People’s Committees). People requesting the granting of these certificates must submit to the certificate-granting bodies the following papers:

1. An application for the granting of dwelling house ownership right and residential land use right certificate.

2. The dwelling house purchase and sale contract certified by the State notary public or authenticated by a competent State agency.

3. The tax- and fee-payment receipts.

4. The copies of papers defined in Article 5 of this Decree, which are notarized by State notary public or authenticated by the competent State agencies. For the papers outside the list of those to be notarized or authenticated, the copies thereof can be submitted but their originals must be shown to the certificate-granting body for comparison.

Article 9.-Responsibility for dossier compilation, time limit for the granting of dwelling house ownership right and residential land use right certificates

1. Overseas Vietnamese entitled to buy dwelling houses under the provisions of this Decree shall carry out the relevant procedures by themselves or reach agreement with the house-selling party or their lawfully-authorized persons so that the latter may represent them in carrying out the procedures for the granting of dwelling house ownership right and residential land use right certificates. The authorization must be made in writing.

2. The dwelling house ownership right and residential land use right certificates granted to overseas Vietnamese after the purchase of dwelling houses as prescribed in this Decree shall follow the forms of dwelling house ownership right and residential land use right certificates granted to domestic Vietnamese.

3. The time limit for certificate granting shall be 60 days from the date the person requesting the certificate granting submits all the valid dossiers prescribed in Article 8 of this Decree to the district-level People’s Committees.

Article 10.-Interests of overseas Vietnamese regarding their dwelling houses purchased in Vietnam

Overseas Vietnamese shall, after buying dwelling houses and being granted the dwelling house owner-ship right and residential land use right certificates as prescribed by law, have the following rights:

1. To use them as residences for themselves and members of their families.

2. To sell or donate them to domestic organizations or individuals or other subjects being overseas Vietnamese entitled to buy dwelling houses as defined in Article 5 of this Decree.

3. To mortgage them according to the provisions of Vietnamese law.

4. To inherit them according to the following provisions:

a/ For domestic organizations and individuals or overseas Vietnamese entitled to buy dwelling houses as prescribed in Article 5 of this Decree, they may inherit dwelling houses according to the provisions of the Civil Code;

b/ For foreigners or overseas Vietnamese other than those prescribed in Article 5 of this Decree, if receiving the inheritance, they may enjoy only the value of such inheritance.

Article 11.-Obligations of overseas Vietnamese owning dwelling houses in Vietnam

Overseas Vietnamese shall, after buying dwelling houses and being granted the dwelling house ownership right and residential land use right certificates under the provisions of this Decree, have the following obligations:

1. To implement the provisions of this Decree.

2. To declare and register their dwelling houses and residential land as prescribed by Vietnamese law.

3. To abide by the regulations on the management and use of dwelling houses and residential land; repair and renovation as well as purchase and sale of dwelling houses under the provisions of Vietnamese law.

4. To abide by all the regulations on residence and urban order management; financial and tax obligations and relevant regulations under the provisions of Vietnamese law.

5. Overseas Vietnamese having purchased dwelling houses according to the provisions of this Decree may authorize domestic organizations or individuals or subjects defined in Article 5 of this Decree to manage their dwelling houses. The management authorization must be made in writing and notarized by the State notary public or authenticated by a competent State agency.

Chapter IV

HANDLING OF VIOLATIONS

Article 12.-Breaching the regulations on the purchase of dwelling houses

Overseas Vietnamese entitled to buy dwelling houses as prescribed in Article 5 of this Decree, if buying them in contravention of the provisions of this Decree, shall neither be granted the dwelling house ownership right and residential land use right certificates nor enjoy the house owner’s rights and must neither permanently nor temporarily reside in those houses.

Article 13.-Breaching the regulations on the sale of dwelling houses

The party selling dwelling houses to overseas Vietnamese shall have to sell them to the right subjects defined in Article 5, who fully satisfy the conditions prescribed in Article 6 of this Decree. In cases where it fails to comply with this Decree’s provisions on the sale of dwelling houses, thereby the house buyers cannot be granted the dwelling house ownership right and residential land use right certificates, the selling party shall have to return the whole sum of money already received from the buying party to the latter. If the selling party does not return the received money to the buying party as prescribed in this Decree, the buying party may request the court to settle the case according to law.

Article 14.-Breaching the regulations on the use of dwelling houses and residential land

If overseas Vietnamese having dwelling house ownership right and residential land use right recognized in Vietnam fail to perform their obligations stipulated in Article 11 of this Decree and to abide by the regulations on the use of dwelling houses and residential land under the provisions of Vietnamese law or take advantage of the purchase and sale of dwelling houses to earn profits, they shall, depending on the seriousness of their violations, be handled according to the provisions of Vietnamese law.

Article 15.-Breaching the regulations on house management

Those who abuse their positions and/or power to breach the regulations on the granting of dwelling house ownership right and residential land use right certificates as well as dwelling house management according to the provisions of this Decree and the provisions of Vietnamese law on dwelling house management, shall, depending on the seriousness of their violations, be handled according to law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 16.-Responsibilities of the concerned ministries and branches

1. The Ministry of Construction shall have to set forms of dwelling house purchase and sale contract and application for the granting of dwelling house ownership right and residential land use right certificates to overseas Vietnamese; guide, inspect and handle difficulties and problems of the People’s Committees of the provinces and centrally-run cities in the implementation of this Decree; sum up and propose the Prime Minister to handle matters falling beyond their competence.

2. The concerned ministries and branches shall, based on their respective functions, tasks and powers, have to guide and inspect the implementation of this Decree.

Article 17.-Responsibilities of the People’s Committees

The People’s Committees of the provinces and centrally-run cities shall have to:

1. Direct the sale of dwelling houses and the granting of dwelling house ownership right and residential land use right certificates to the house buyers according to the provisions of this Decree.

2. Report on the implementation situation and matters arising beyond their competence in the course of implementation of this Decree to the Ministry of Construction so that the latter can make a sum-up report thereon and submit it to the Prime Minister for consideration and settlement.

Article 18.-This Decree takes effect 15 days after its signing.

Article 19.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.